Legal information
General Terms and Conditions of Sale
1. INTRODUCTION
1.1. The offering and sale of products through the OVYÈ S.R.L. website, accessible at the URLs www.ovye.it as well as any other domains, subdomains, or addresses attributable to the same online store (hereinafter, the “Website”), are governed by these General Terms and Conditions of Sale (hereinafter, the “Conditions”).
1.2. These Conditions exclusively govern the online sale of products offered directly by the Seller on the Website. They do not govern the sale of products, the provision of services, or the publication of content by third parties, even if such third parties can be reached from the Website via links, banners, applications, integrations, or other connections. The Seller assumes no responsibility for products, services, content, or activities of third parties not directly attributable to its organization, without prejudice to what is mandatorily provided by law.
1.3. The Conditions must be read in conjunction with the Privacy Policy, the Cookie Policy, the informational pages on shipping, deliveries, returns, and refunds, as well as any particular conditions communicated on the product pages, promotional pages, at checkout, or in communications sent to the Customer before the conclusion of the contract. In case of conflict, the particular conditions shall prevail, limited to the specifically regulated aspects and provided that they have been made known to the Customer before placing the order.
1.4. The applicable Conditions are those published on the Website on the date the Customer submits the order. The Customer is advised to save or print them before completing the purchase process.
2. COMMERCIAL POLICY
2.1. The products offered on the Website (hereinafter, the “Products”) are sold by OVYÈ S.R.L., with registered office in Via dei Pellicciai, Blocco 1 Centergross, 40050 Funo di Argelato (BO), VAT and Tax ID IT03415721202, REA BO no. 517639 (hereinafter, the “Seller”).
2.2. For the purposes of these Conditions, “Customer” means the User who places an order through the Website; “Consumer” means the natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity carried out; “Professional” means the person who acts in the exercise of their entrepreneurial, commercial, craft, or professional activity.
2.3. The Website is intended for retail sales to end Consumers. The Seller reserves the right not to accept orders from subjects who do not qualify as end Consumers, orders that are manifestly anomalous in quantity, value, or frequency, orders aimed at reselling the Products, orders placed using unauthorized automated tools, or in any case, orders not compliant with these Conditions.
2.4. The eventual issuance of an invoice or other tax document does not, by itself, change the Customer's qualification for the purposes of these Conditions, unless it is expressly and unequivocally clear that the purchase was made for professional or business purposes and was accepted by the Seller as a non-consumer sale.
2.5. The Seller may limit purchasable quantities, refuse or cancel multiple orders related to the same Product, even if placed with different accounts, email addresses, billing or shipping data, when such orders appear intended for resale, circumventing promotional limits, or uses inconsistent with normal consumption needs.
2.6. The Website is not configured as an online marketplace pursuant to Articles 45, paragraph 1, letter q-ter, and 49-bis of the Consumer Code, as the Products are offered and sold directly by the Seller and the Website does not allow third-party professionals or consumers to conclude distance contracts with Customers through the Website.
2.7. These Conditions are drafted in Italian. Any translations made available on the Website are for courtesy purposes, and in case of interpretative discrepancy, the Italian text shall prevail, unless otherwise mandatorily provided for the Consumer.
3. CUSTOMER REQUIREMENTS
3.1. To place orders on the Website, the Customer declares to:
a) be of legal age;
b) possess the capacity to act and to conclude legally binding contracts;
c) provide true, complete, and updated data;
d) have a valid and monitored email address;
e) act as an end Consumer.
3.2. The purchase can be made, depending on the Website's configuration, with or without creating an account. Account creation is governed by its technical conditions and allows the Customer to access additional features, such as order history, saved addresses, faster checkout, or returns management, without prejudice to the rights granted to the Consumer by law.
3.3. The Customer is responsible for the accuracy of the data entered during checkout, including delivery address, contact details, recipient's name, any tax code or data required for tax purposes, and information useful for delivery. Any costs or delays resulting from incorrect or incomplete data may be charged to the Customer within the limits permitted by law.
3.4. The Customer undertakes not to use the Website for illicit, fraudulent, abusive purposes or otherwise incompatible with these Conditions, including checkout manipulations, unauthorized use of discount codes, attempts to circumvent anti-fraud systems, orders via bots or unauthorized automated tools.
4. PRODUCTS
4.1. The Products available for purchase on the Website are the items present in the electronic catalog published on the Website and displayed by the Customer at the time of placing the order, within the limits of actual availability.
4.2. Some Products may be indicated on the Website as available in "Backorder", "Pre-Order", "on order", "coming soon" mode, or by other equivalent wording. Such Products are not immediately available in the Seller's warehouse at the time of placing the order, but can be ordered by the Customer according to the conditions and times indicated on the relevant product page. Before placing the order, the Customer is informed that the Product is not immediately available and of the indicative or maximum preparation and shipping time. For the purposes of these Conditions, "Backorder" means the status of an item temporarily unavailable, in the process of restocking or new production; "Pre-Order" means the status of an item not yet available in the catalog, reservable and soon to be available.
4.3. Each Product is described on its respective information page, which indicates its essential characteristics, price, available variants, sizes, colors, composition, any care, washing or maintenance instructions, and any other information relevant for the purchase, to the extent that such information is available to the Seller.
4.4. Photographs, images, colors, textures, measurements, and graphic representations of the Products are illustrative and may differ slightly from the actual Product due to device settings, browser, screen used by the User, shooting conditions, or technical limitations of digital representation. The Consumer's rights regarding product conformity remain unaffected.
4.5. The fashion sector may include natural materials, leathers, artisanal processes, dyes, treatments, washes, discolorations, used, distressed, vintage, irregular, or deliberately non-uniform effects. Such characteristics do not constitute a lack of conformity when they are intrinsic to the nature of the Product, derive from the material or declared treatment, or are described on the product page.
4.6. The Customer is required to consult the Product description, size guide, information on fit or sizing, care instructions, and any warnings published on the Website before purchasing. In case of doubt, the Customer can contact customer service at support@ovye.it or through other contact channels indicated on the Website before placing the order.
4.7. If a product sheet does not contain safety information deemed necessary by the Customer, the Customer is invited to contact the Seller before purchasing. It remains understood that the Seller only markets Products that, according to available information and the supply chain, can be placed or made available on the market in compliance with applicable regulations.
4.8. Any recalls, safety warnings, or corrective measures related to the Products will be managed by the Seller according to applicable regulations and in coordination with manufacturers, importers, distributors, competent authorities, and, where necessary, with affected Customers.
5. PRICES
5.1. All Product prices are indicated in Euros, unless otherwise configured for Shopify markets, and are inclusive of VAT where applicable. Shipping costs, any accessory costs, applicable taxes, and duties are indicated before placing the order, at checkout, and/or on the informational pages of the Website.
5.2. The Seller reserves the right to change Product prices at any time. Changes do not affect orders already placed by the Customer, for which the price indicated in the order summary remains applicable, except in the case of obvious and recognizable error.
5.3. In case of a price reduction announcement, the Seller indicates the previous price pursuant to Article 17-bis of the Consumer Code, i.e., as a rule, the lowest price applied to consumers in general during the thirty days preceding the application of the reduction, subject to the exceptions and specificities provided by applicable regulations.
5.4. Any discounts, promotions, sales, temporary campaigns, discount codes, bundles, gifts, or commercial initiatives are governed by the conditions published from time to time on the Website or communicated to the Customer before use. Unless otherwise indicated, promotions are not combinable, are not retroactive, and cannot be converted into cash.
5.5. Unless expressly indicated to the Customer before purchase, the prices displayed on the Website are not personalized based on an individual automated decision-making process pursuant to Article 49, paragraph 1, letter e-bis, of the Consumer Code. Price differences resulting from markets, countries, currencies, taxes, shipping costs, promotions, discount codes, or general configurations not based on individual automated personalization remain possible.
6. PURCHASE PROCEDURE
6.1. To purchase a Product, the User selects the Product of interest, any available size, color, variant, and quantity, then adds it to the cart. Adding to the cart does not constitute a reservation of the Product and does not guarantee its availability until the order is concluded and stock is confirmed.
6.2. The cart allows the Customer to verify selected Products, modify quantities and variants, remove them, and view the provisional order total, including applicable taxes and, where already calculable, shipping costs.
6.3. To proceed with the purchase, the Customer accesses the Website's checkout, managed via the Shopify platform, and enters the requested information: email and/or phone contact, order header data, delivery address, available shipping method, payment method, and any other data requested by the system.
6.4. The Customer may use, if available, quick checkout features or accounts offered by Shopify or third parties enabled in the checkout, such as, by way of example, Shop Pay, Apple Pay, Google Pay, PayPal, or other displayed tools. These services are provided according to their respective terms of use, and the Seller is not responsible for disservices attributable to the respective providers, without prejudice to what is mandatorily provided by law.
6.5. Before submitting the order, the Customer must check the order summary and correct any entry errors, verifying Products, sizes, colors, quantities, delivery address, costs, shipping costs, taxes, indicative delivery times, and payment method.
6.6. By clicking on the final checkout button, indicated as “Pay now,” “Complete order,” “Confirm purchase,” or equivalent wording designed to highlight the payment obligation, the Customer sends the Seller a binding offer to purchase the selected Products and fully accepts these Conditions, the Privacy Policy, and the other disclosures referenced in the checkout. The receipt of the order proposal by the Website does not, by itself, imply the acceptance of the proposal by the Seller, which will occur as provided for in Article 7.
6.7. The Website allows the Customer, before placing the order, to identify and correct entry errors. After submission, any modification requests may be evaluated by the Seller depending on the order processing status, but the Seller is not obliged to modify orders already accepted, prepared, or shipped.
6.8. The order, the applicable Conditions, and related communications will be archived by the Seller for the time necessary for the execution of the contract and for additional terms provided by law. The Customer can access order data through their account, if available, or by requesting it from customer service.
7. CONCLUSION OF THE CONTRACT
7.1. Pursuant to Legislative Decree 9 April 2003, no. 70, the Seller informs the Customer that the sales contract is concluded according to the procedure described in these Conditions.
7.2. After placing the order, the Website or the Shopify platform may display a confirmation page and send the Customer an automatic email confirming receipt of the order proposal, containing the order number, a summary of the selected Products, the price, shipping costs, the chosen payment method, and the data provided by the Customer. This communication exclusively confirms the technical receipt of the Customer's order proposal and does not constitute acceptance of the order proposal by the Seller, nor does it lead to the conclusion of the sales contract.
7.3. The submission of the order by the Customer constitutes a binding offer to purchase the selected Products. The Seller, upon receiving the order proposal, verifies the actual availability of the Products, the correctness of the data entered, the regularity of the payment or its authorization, the absence of obvious and recognizable errors, the absence of anomalous orders or orders not compliant with the Website's commercial policy, and the possibility of delivery to the indicated destination.
7.4. Unless otherwise provided by these Conditions for specific payment methods or particular Product categories, the sales contract is considered concluded only when the Customer receives a subsequent email from the Seller and/or communication from the Shopify platform, with which the Seller confirms the acceptance of the order proposal and communicates that the Products are being prepared for shipment or are available for in-store pickup, or, in the case of Products indicated on the Website as available in "Backorder" mode or other equivalent wording, communicates their processing according to the availability and shipping times previously indicated to the Customer. Only the Products indicated in such acceptance communication will be included in the contract.
7.5. Notwithstanding the foregoing Article 7.4, if the Customer chooses to pay by advance bank transfer, where available, the sales contract is considered concluded when the Customer receives communication from the Seller expressly accepting the order proposal, confirming the availability of the accepted Products, and providing bank details and payment instructions. The contract will be concluded exclusively with reference to the Products expressly indicated in such communication. The preparation and shipment of the Products remain subject to the actual crediting of the full amount due as per Article 8.
7.6. Unless specifically provided for payment by advance bank transfer, any authorization, debit, accounting, or receipt of payment before order acceptance does not, in itself, constitute acceptance of the order proposal by the Seller, with the provisions of this Article 7 remaining valid. If the order is not accepted, or is only partially accepted, the Seller will fully refund any sums already paid in relation to the Products not supplied, without undue delay and using the same payment method used by the Customer, unless otherwise agreed and except as technically necessary for specific payment methods.
7.7. The Seller may not accept, or only partially accept, the order proposal in cases of Product unavailability, obvious and recognizable error in the price or Product description, incomplete or inaccurate order data, impossibility of delivery, suspected illicit or unauthorized use of payment instruments, suspected abuse or fraud, violation of these Conditions, order intended for resale, or order not compliant with the Seller's commercial policy.
7.8. If only some ordered Products are unavailable or cannot be supplied, the Seller will inform the Customer and may accept the order proposal only for the available Products, refunding the amounts related to the Products not supplied. If the partial fulfillment significantly alters the Customer's interest in the purchase, the Customer may request a full cancellation of the order before shipment.
7.9. No contract is considered concluded and no delivery obligation arises in the event of an incomplete order, unauthorized payment, rejected payment, failure to receive the minimum data necessary for order fulfillment, or non-acceptance of the order proposal by the Seller.
8. PAYMENT METHODS
8.1. The Customer can pay the price of the Products, shipping costs, and any other amount due using only the payment methods displayed at checkout at the time of order. Payment methods may vary based on country, currency, Shopify market, device used, order amount, technical settings, and anti-fraud checks.
8.2. The Website may allow, depending on configuration, payments via Shopify Payments, credit and debit cards, Shop Pay, Apple Pay, Google Pay, PayPal, Klarna, advance bank transfer, cash on delivery, or other local/accelerated methods displayed at checkout. The actual availability of each method depends on the Website's configuration and the enabled payment providers.
8.3. Notwithstanding the technical management of transactions by Shopify and/or payment service providers, payment institutions, issuers, or banks involved from time to time, the Seller has appointed Sugo S.n.c. di Federico Sacchi e Cristian Antolini, with registered office in Crevalcore (BO), via Giacomo Matteotti 154, Tax Code and VAT Number 03269341206, REA BO-505415, to receive and collect, in the name and on behalf of the Seller, the sums relating to purchases made on the Website and, where applicable, to manage the related refund flows. For this purpose, payment accounts, current accounts, or credit accounts used for the receipt or settlement of sums deriving from transactions made on the Website may be registered to Sugo S.n.c. and made available or indicated by it to payment service providers and institutions involved for the crediting of sums due to the Seller. Payment made by the Customer using one of the methods available at checkout, according to the procedures indicated therein, has full discharging effect towards the Seller for the correctly paid amount, regardless of the account holder to whom the sums are subsequently credited.
8.4. In no case will the Customer be charged costs higher than those incurred by the Seller in relation to the specific payment instrument used, it being understood that any costs, fees, exchange rates or expenses applied by banks, issuers, circuits or payment providers in the relationship with the Customer remain governed by the respective contracts.
8.5. In the case of payment through tools offered by third parties, such as digital wallets, buy-now-pay-later solutions, installment payments or local methods, the Customer may be subject to the contractual conditions and checks of the relevant provider. Any non-authorization, suspension or refusal of payment by the provider is not attributable to the Seller, except as mandatorily provided by law.
8.6. The price is authorized, debited, accounted for or otherwise committed according to the rules of the chosen payment method and the technical settings of the checkout. Any authorization or debit of payment before acceptance of the order proposal does not, in itself, lead to the conclusion of the contract, which remains governed by Article 7. If the payment is not authorized or is unsuccessful, the order proposal cannot be accepted or the order may be cancelled.
8.7. If the order relates to one or more Products available in Backorder mode:
a) the Customer will be informed, before placing the order, that the Product is not immediately available, of the maximum expected time for its preparation and shipment, and of the possibility that payment may be acquired before the physical preparation of the Product;
b) once the order proposal has been accepted as per Article 7, the Seller may proceed, even within 24 (twenty-four) hours of receiving the order proposal, to acquire the amount due even if the Product is not yet physically available for shipment;
c) the advance acquisition of payment is made due to the time required for the procurement and subsequent preparation of the Product and does not change the shipping term communicated to the Customer before placing the order;
d) if, after acceptance of the proposal and acquisition of payment, the Product cannot be supplied, the Seller will promptly inform the Customer and will refund the sums paid relating to the Product not supplied.
8.8. If advance bank transfer is available among the payment methods indicated at checkout and the Customer chooses this method for payment of the order, the following provisions apply:
a) the choice of advance bank transfer implies the Customer's commitment to pay by bank transfer the total amount relating to the Products for which the order proposal is subsequently accepted by the Seller;
b) after placing the order, the Customer will receive the automatic confirmation of receipt of the order proposal as provided in Article 7.2, which does not constitute acceptance of the proposal nor does it lead to the conclusion of the contract;
c) within 24 (twenty-four) working hours from the receipt of the order proposal, the Seller, having verified the availability of the Products and the possibility of accepting the order, will send the Customer a subsequent email containing the express acceptance of the order proposal, indicating the Products for which it is accepted, as well as the bank details, the order number, and further instructions necessary to make the payment. The sales contract will be considered concluded, exclusively with reference to the Products indicated in the aforementioned communication, at the moment the Customer receives this acceptance email;
d) The bank details communicated to the Customer may refer to a current account held by Sugo S.n.c. di Federico Sacchi e Cristian Antolini, instructed by the Seller to receive and collect the related payments in its name and on its behalf, as provided for in Article 8.3. Payment made to the current account indicated in the Seller's communication will therefore have full discharging effect towards the Customer for the amount actually credited;
e) the Customer must arrange the bank transfer and send the Seller, to the email address indicated in the payment instructions, a copy of the transfer order or other proof of successful execution of the bank transfer within 24 (twenty-four) hours from the receipt of the communication containing the bank details;
f) the sending of the order, the receipt or other proof of execution of the bank transfer does not equate to the actual payment of the price and does not entail the Seller's obligation to proceed with the preparation or shipment of the Products, the actual crediting of the entire amount due to the current account communicated by the Seller being decisive for this purpose;
g) the entire amount due must actually be credited to the current account communicated by the Seller within 2 (two) working days from sending the bank details to the Customer. Only after verification of the actual credit will the Seller proceed with the preparation and subsequent shipment of the Products, notifying the Customer as provided in these Conditions;
h) if the entire amount due is not credited within the deadline referred to in the preceding letter g), the Seller may declare the contract terminated for non-payment, by means of a communication sent to the Customer, with consequent release of the affected Products and their re-sale. If payment is received after the termination of the contract, the Seller will return the sums actually received;
i) any failure to send the bank transfer certificate within the deadline referred to in the preceding letter e) does not prejudice the effectiveness of a payment that is nevertheless fully credited to the current account indicated by the Seller within the deadline provided for payment;
j) the Seller does not apply surcharges for the use of bank transfers, without prejudice to any application of costs or fees by the banks involved, according to the conditions applicable to the relationship between the Customer and their bank.
8.9. In the case of cash on delivery, where available at checkout, the Customer must pay the amount due to the courier according to the methods indicated before placing the order. Any specific cash on delivery costs will be indicated at checkout and may not be refundable if related to an ancillary service already performed, within the limits permitted by law. The conclusion of the contract remains governed by Article 7 and not by the time of payment to the courier.
8.9. The Seller reserves the right to suspend or disable one or more payment methods, even temporarily, for technical, anti-fraud, organizational or commercial reasons, without prejudice to orders already concluded and the Consumer's rights.
9. DISCOUNT CODES, GIFT CARDS AND PROMOTIONS
9.1. The Seller may offer discount codes, coupons, promotions, vouchers, gift cards, store credit or other commercial initiatives according to the conditions communicated from time to time on the Website, via email, at checkout or through other authorized channels.
9.2. Discount codes can be used according to their respective issuance conditions, may be personal, non-transferable, time-limited, non-combinable, subject to minimum or maximum order thresholds, excluded for certain brands, categories, Products, sizes, countries, promotional periods or shipping methods.
9.3. Unless otherwise indicated, discount codes must be entered in the appropriate field at checkout before placing the order. They cannot be applied retroactively to orders already placed or concluded, unless it is a commercial choice of the Seller.
9.4. A discount code or promotional voucher cannot be converted into cash, does not give the right to change, and cannot be used to purchase gift cards, unless otherwise communicated by the Seller.
9.5. The gift card, if made available on the Website, consists of a digital instrument, or a prepaid code, usable to purchase Products on the Website within the value and limits indicated at the time of issuance; it is valid for 12 months from the date of issue or, if later, from the receipt of the communication containing the code, unless a different duration is indicated at the time of purchase.
9.6. The gift card can be used in one or more solutions until the credit is exhausted, unless otherwise indicated, or in any case upon its expiry; it is not reloadable, does not accrue interest, cannot be converted into cash, cannot be replaced or refunded in case of theft, loss, unauthorized use or communication of the code to third parties, except as mandatorily provided by law.
9.7. The Customer is responsible for correctly indicating the email address or contact details of the gift card recipient. The Seller is not liable for the use of the gift card by third parties when this depends on Customer errors in indicating the recipient, sharing of the code, unauthorized access to the mailbox, or factors beyond the Seller's control.
9.8. In case of exercising the right of withdrawal relating to the purchase of a gift card, a refund is only possible if the gift card has not been used, even partially. In case of partial use before withdrawal, the Seller may retain the amount corresponding to the credit already used and refund any remaining credit, if due.
9.9. Any store credits, vouchers, or coupons issued for promotional purposes or as an alternative to monetary refunds are governed by the conditions communicated at the time of issuance. In case of withdrawal or consumer legal guarantee, refund by voucher or store credit can replace monetary refund only if the Customer expressly chooses or accepts it.
10. SHIPPING AND DELIVERY
10.1. Products are delivered to the address indicated by the Customer at checkout, through couriers, postal operators or other carriers appointed by the Seller. Costs, methods and indicative shipping times are indicated at checkout and/or on the informative pages of the Website before placing the order.
10.2. Unless otherwise agreed or a different deadline is indicated at checkout or on the product page, the Seller delivers the Products without undue delay and in any case within thirty days from the conclusion of the contract.
10.3. For Products purchased via "Backorder" or with another equivalent wording, preparation and entrustment to the carrier may take up to 14 (fourteen) working days from the conclusion of the contract, unless a different term is indicated on the relevant product page or, in any case, before placing the order, it being understood that the Product may be available for shipment even before the relevant deadline. If the same order includes both immediately available Products and Backorder Products, the Seller may, depending on the availability of the Products and organizational and logistical needs, proceed with a single shipment or with separate shipments, without, in the latter case, additional shipping costs being charged to the Customer other than those communicated at the time of the order.
10.4. For Products purchased via "Pre-Order" or with another equivalent wording, the estimated times for production, procurement, preparation and/or delivery will be indicated on the relevant product page and made known to the Customer before placing the order. These terms may vary depending on the characteristics of the Product, production or procurement times, and information communicated by the manufacturer or supplier, it being understood that any relevant updates subsequent to the conclusion of the contract will be communicated to the Customer. If the same order includes both immediately available Products and Pre-Order Products, the Seller may, depending on the availability of the Products and organizational and logistical needs, proceed with a single shipment or with separate shipments, without, in the latter case, additional shipping costs being charged to the Customer other than those communicated at the time of the order.
10.5. The delivery times indicated on the Website are reasonable estimates and may vary based on product availability, destination, customs, holidays, traffic peaks, force majeure events, strikes, logistical restrictions, or events not reasonably controllable by the Seller. The consumer's rights provided by law in case of non-delivery within due terms remain unaffected.
10.6. Upon shipment, the Customer may receive an email indicating the courier and tracking number, where available. Tracking depends on the services of the assigned carrier and the destination.
10.7. If, among the delivery methods available at checkout, the Customer chooses to pick up the Products at a physical store or another pick-up point indicated by the Seller, the following provisions apply:
a) pick-up is available exclusively for orders paid using the electronic advance payment methods indicated at checkout and is not available for payment by advance bank transfer, cash on delivery, or any other method that involves payment after placing the order;
b) within 24 (twenty-four) working hours from the receipt of the order proposal, the Seller, having verified the availability of the Products and the possibility of accepting the order, will proceed with its preparation and send the Customer an email confirming the acceptance of the order proposal and notifying that the Products are available for pick-up. The sales contract will be considered concluded upon receipt of this communication, as provided for in article 7 of these Conditions;
c) the Customer may pick up the Products only after receiving the communication referred to in letter b) above and must do so within 8 days of receiving it, according to the times and methods indicated by the Seller;
d) at the time of pick-up, the Seller may request the Customer to show the order number and a valid identification document; in case of pick-up by a person other than the Customer, the Seller may request a proxy and an identification document of the authorized person;
e) if the term referred to in letter c) above expires without the Customer having picked up the Products or agreed on a different pick-up term with the Seller, the Seller may declare the contract terminated by sending a communication to the Customer, release the Products, and put them back on sale. In this case, the Seller will refund the sums paid by the Customer using the same payment method used for the purchase, unless otherwise agreed with the Customer and subject to what is mandatorily provided by law.
10.8. For shipments outside the European Union, unless otherwise indicated at checkout or in the shipping conditions, the price and shipping costs do not include customs duties, import taxes, customs clearance fees, local taxes, or other costs required by the authorities of the destination country. These amounts, which are not always foreseeable by the Seller, remain the responsibility of the recipient Customer.
10.9. The Customer is responsible for the accuracy and completeness of the delivery address and any customs information requested. In the event of non-delivery due to an incorrect address, absent recipient, refusal of delivery, failure to collect, failure to pay duties or taxes, or any other cause attributable to the Customer, the Seller may charge the Customer reasonable costs incurred for storage, return, re-shipment, customs charges, or other consequent expenses, within the limits permitted by law.
10.10. The risk of loss or damage to the Products transfers to the Consumer when the latter, or a third party designated by them other than the carrier, acquires physical possession of the Products. However, if the Customer chooses a carrier not offered by the Seller, the risk transfers to the Customer at the time of delivery of the Product to the carrier chosen by the Customer.
10.11. If, after 30 (thirty) days from the consignment of the shipment to the carrier, the Products have not been delivered to the Customer and, following verification, the carrier is unable to locate the shipment or has declared it lost, the Seller, without prejudice to the additional rights recognized to the Consumer by applicable law, will refund the sums paid by the Customer for the undelivered Products. If, after the refund has been processed, the shipment is nevertheless delivered to the Customer, the Customer is obliged to promptly notify customer service at support@ovye.it or through the other contact channels indicated on the Website and to agree with the Seller, alternatively, on the return of the Products, which will be at the Seller's care and expense according to the instructions provided by the Seller, or the payment of the corresponding price.
10.12. Upon delivery, the Customer is invited to check the external condition of the package. In case of damaged, tampered with, wet, open, or visibly altered packaging, the Customer is invited to accept with specific reservation, indicating the reason, or to refuse delivery, and to promptly inform the Seller. This recommendation does not limit the right of withdrawal or the consumer's legal guarantee of conformity.
10.13. If the Customer detects tampering, delivery to an unauthorized person, partial loss or damage not immediately recognizable, they are invited to contact customer service without delay and to keep packaging, labels, photographs and useful documentation.
11. CONSUMER'S RIGHT OF WITHDRAWAL
11.1. The Consumer Customer has the right to withdraw from the contract concluded with the Seller, without having to provide any reason and without penalty, within fourteen days starting from the day on which the Customer or a third party designated by them, other than the carrier, acquires physical possession of the Products.
11.2. In the case of an order relating to multiple Products delivered separately, the term starts from the day on which the Customer or a third party designated by him, other than the carrier, acquires physical possession of the last Product. In the case of delivery of a Product consisting of multiple lots or pieces, the term starts from the delivery of the last lot or piece.
11.3. To exercise the right of withdrawal, the Customer must inform the Seller of their decision through an explicit statement sent before the expiry of the withdrawal period.
11.4. The Customer can exercise the right of withdrawal through the online procedure made available on the Website. If the purchase was made through a Shopify account, the Customer can access their account, consult the section relating to orders placed, select the order concerned and indicate the Product or Products for which they intend to exercise the withdrawal, following the instructions displayed. The procedure allows the Customer to verify the order data and the selected Products and to expressly confirm their decision to withdraw. For purchases made without an account or if the Customer does not wish to use the personal area, the possibility of exercising the right of withdrawal through any other explicit statement of the decision to withdraw from the contract remains, also by using the standard form attached to these Conditions or by sending a communication to the address support@ovye.it or to the other contact details indicated by the Seller. In this case, the Customer must indicate at least their name, contact details, order number, Products for which they intend to withdraw and an e-mail address for confirmation.
11.5. The online withdrawal function is available throughout the period during which the right can be exercised and allows the Customer to provide or confirm the necessary information to identify the Customer, the order and the Product or Products for which they intend to withdraw, as well as the electronic address to which to receive the relevant confirmation. Before the final submission of the request, the Customer must expressly confirm the withdrawal using the "Confirm withdrawal" function or another equivalent and unequivocal wording. Following confirmation, the Seller sends the Customer, without undue delay, on a durable medium, an acknowledgment of receipt containing the content of the request and the date and time of its transmission. The right of withdrawal is considered to have been exercised in good time if the relevant online declaration is transmitted before the expiry of the withdrawal period.
11.6. Once the withdrawal confirmation function has been activated, the Seller sends the Customer, without undue delay, an acknowledgment of receipt of the withdrawal on a durable medium, including the content of the request and the date and time of its transmission. The right of withdrawal is considered to have been exercised within the deadline if the declaration is transmitted before the expiry of the withdrawal period.
11.7. The right of withdrawal is excluded in the cases provided for by Article 59 of the Consumer Code, including, by way of example: custom-made or clearly personalized products; sealed products that are not suitable for return for hygienic reasons or health protection and that have been opened after delivery; further hypotheses mandatorily provided by law.
11.8. For intimate products, swimwear or similar items, the right of withdrawal may only be exercised if the Products are tried on in a manner compatible with the normal verification of the nature, characteristics and functioning of the item, without removal of hygienic protections, seals or protective labels where present, and without signs of use, washing, alteration, odors, stains or damage. The application of Article 57 of the Consumer Code on the Consumer's responsibility for the decrease in value of the item remains unaffected.
11.9. The Customer is solely responsible for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Products. In the event of excessive handling, the Seller may reduce the refund proportionately to the diminished value, providing a reasoned communication to the Customer.
11.10. The right of withdrawal does not automatically grant the Customer the right to an exchange in size, color, or item. Any commercial exchanges, if offered by the Seller, will be governed by a separate policy and will not limit the legal right of withdrawal.
12. PRODUCT RETURN
12.1. The Customer exercising the right of withdrawal must return the Products to the Seller without undue delay and in any case within fourteen days from the date on which they communicated their decision to withdraw. The deadline is met if the Customer sends back the Products before the expiry of the fourteen-day period.
12.2. Products must be returned to OVYÈ S.R.L., Via dei Pellicciai, Blocco 1 Centergross, 40050 Funo di Argelato (BO) or another address communicated by the Seller in the return instructions. Delivery to a physical store is allowed only if provided for and according to the Seller's instructions.
12.3. Unless otherwise indicated by the Seller or in the case of a non-conforming Product, the direct costs of returning the Products in case of withdrawal are borne by the Customer. The Customer is invited to use a trackable and adequately insured shipping method, keeping proof of shipment and delivery.
12.4. Products must be returned intact, clean, complete with tags, labels, accessories, packaging, dust bag, hangers, garment covers, manuals, and any other received item, to the extent compatible with the normal verification of the item. The absence or alteration of accessory elements may affect the refund only if it results in a decrease in the value of the Product.
12.5. The Seller shall reimburse the Consumer all payments received for the Products subject to withdrawal, including standard initial delivery costs where due, without undue delay and in any case within fourteen days from the day on which the Consumer's decision to withdraw was informed. The Seller may withhold the reimbursement until it has received the Products or until the Consumer has demonstrated that they have sent them back, whichever occurs first.
12.6. The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed to a different means and provided that this does not entail costs for the Customer. The Seller may not substitute monetary refunds with vouchers, store credits, or discount codes without the Customer's consent.
12.7. The Seller is not obliged to reimburse additional costs resulting from the Customer's choice of a delivery type other than the least expensive standard delivery offered by the Seller, nor duties, import taxes, customs charges, bank costs, or other amounts not collected by the Seller, unless otherwise mandatorily provided.
12.8. In case of an order paid by bank transfer, the refund will be made by bank transfer to the bank account indicated by the Customer. For this purpose, the Customer must provide a valid IBAN, in the name of the Customer or otherwise attributable to the person who made the payment, as well as any information reasonably necessary to process the refund. The Seller is not responsible for delays resulting from the communication of inaccurate, incomplete or outdated bank details.
12.9. If the Customer does not comply with the return terms or methods, or returns Products that are not intact, used beyond what is necessary, damaged, washed, altered or lacking essential elements, the Seller may refuse the withdrawal in cases permitted by law or reduce the refund by an amount corresponding to the decrease in value, providing a reasoned communication to the Customer.
12.10. In case of non-acceptance of the return or reduction of the refund, the Customer may request the return of the Product at their own expense within a reasonable period indicated by the Seller. In the absence of a response, the Seller may retain the Product according to applicable regulations and good faith rules.
13. LEGAL GUARANTEE
13.1. Products sold to Consumer Customers are covered by the legal guarantee of conformity provided for by articles 128 et seq. of the Consumer Code. The Seller is liable to the Consumer for any lack of conformity existing at the time of delivery and which becomes apparent within two years from that time, within the limits and according to the conditions provided for by law.
13.2. The action to enforce defects not fraudulently concealed by the Seller shall, in any case, be time-barred after twenty-six months from the delivery of the goods. The Consumer is not required to report the defect within two months of discovery, as this provision is no longer consistent with current legislation.
13.3. A Product is in conformity with the contract when it meets the subjective and objective conformity requirements provided for by law, including description, type, quantity, quality, functionality, compatibility, interoperability, suitability for normal use, presence of accessories and instructions, as well as the usual quality and characteristics of goods of the same type that the Consumer can reasonably expect.
13.4. In the event of a lack of conformity, the Consumer has the right to have the conformity restored through repair or replacement, free of charge, unless the chosen remedy is impossible or imposes disproportionate costs on the Seller compared to the other remedy. In cases provided for by law, the Consumer may obtain a proportional reduction in price or termination of the contract.
13.5. Consumers who discover a lack of conformity are invited to promptly contact customer service at support@ovye.it or through other contact channels indicated on the Website, describing the defect and attaching, where useful, photographs, order number, proof of purchase, and any other necessary information for evaluation.
13.6. Upon receipt of the report, the Seller will provide instructions for verifying the Product and, if necessary, for its return. In the event of an actually non-conforming Product, the necessary costs to make the goods compliant, including shipping, transport, labor, and material costs, shall be borne by the Seller within the limits provided by law.
13.7. The Seller may request photographic evidence or preliminary information before authorizing the return of the Product, provided that this does not make the exercise of the Consumer's rights excessively burdensome or impossible.
13.8. Defects resulting from improper use, negligence, normal wear and tear, failure to comply with washing, care or maintenance instructions, unauthorized interventions, accidental damage caused by the Customer or third parties, as well as natural or intentional characteristics of the material or workmanship correctly described at the time of purchase, are excluded from the legal guarantee.
13.9. If, following verification, the reported defect does not exist or is attributable to the Customer or to improper use of the Product, the Seller will communicate the outcome of the verification and the return procedures for the Product to the Customer. In such a case, reasonable costs incurred may be charged to the Customer, within the limits permitted by law and after prior notification.
13.10. For Customers who are not Consumers, where the order is exceptionally accepted by the Seller, the guarantees provided for by the Civil Code apply, including articles 1490 et seq., unless otherwise agreed in writing. The non-consumer buyer must report defects within the legal terms.
14. EXCHANGES AND RETURNS
14.1. The Seller is not obligated to offer exchanges for size, color, model, or item beyond what is provided by law regarding the right of withdrawal and legal guarantee. Any commercial exchanges will only be possible if expressly stated on the 'Returns and Exchanges' page or in another policy on the Website.
14.2. If the Seller intends to offer commercial exchanges, the relevant policy must specify terms, conditions, costs, stock availability, operating procedures, any exclusions, and the relationship with the legal right of withdrawal. In the absence of an express policy, the exercise of the right of withdrawal entitles the consumer to a refund according to law, but not to an automatic Product exchange.
14.3. Any commercial policy more favorable to the Customer does not limit or replace the mandatory rights of the Consumer provided for by the Consumer Code.
15. CUSTOMER SERVICE
15.1. The Customer can contact the Seller for information on Products, orders, payments, shipments, returns, withdrawal, and legal guarantee by writing to support@ovye.it or through the other contact channels indicated on the Website or by using the additional channels indicated on the Website.
15.2. The Seller will respond to complaints diligently and within a reasonable timeframe, taking into account the complexity of the request, the need to obtain information from carriers, payment providers, warehouses, physical stores, manufacturers or distributors, and any applicable mandatory deadlines.
15.3. Communications sent by the Seller to the email address provided by the Customer during checkout are considered validly made, unless an error is attributable to the Seller. The Customer is also responsible for checking spam, promotions, or junk mail folders.
16. PROCESSING OF PERSONAL DATA
16.1. Users' and Customers' personal data are processed as indicated in the Privacy Policy available on the Website, provided pursuant to Regulation (EU) 2016/679, Legislative Decree 196/2003 as amended, and applicable law.
16.2. The use of Shopify, payment providers, carriers, anti-fraud tools, communication services, return apps, analytics tools, marketing automation, and other technical integrations may involve the processing of personal data by third parties, according to the privacy roles and information indicated in the Privacy Policy.
16.3. For information on the processing of personal data and the exercise of privacy rights, the Customer can consult the Privacy Policy or contact the Seller at the addresses indicated therein.
17. LIMITATION OF LIABILITY
17.1. Nothing in these Conditions limits or excludes the mandatory rights of the Consumer provided for by the Consumer Code, product safety regulations, personal data protection regulations, or other applicable mandatory provisions.
17.2. The Seller is not responsible for delays or non-performance due to force majeure or events not reasonably controllable, such as natural disasters, fires, floods, epidemics, acts of authority, strikes, interruptions of logistical, customs, energy or communication services, generalized malfunctions of networks, platforms, payment systems or carriers, without prejudice to the Consumer's protection in case of non-delivery or supervening impossibility.
17.3. The Seller is not liable for service disruptions, content, contractual conditions, or personal data processing attributable to websites, platforms, payment providers, wallets, social networks, authentication systems, or third-party services not directly controlled by the Seller, except as mandatorily provided by law.
18. APPLICABLE LAW AND JURISDICTION
18.1. These Conditions and contracts concluded through the Website are governed by Italian law, without prejudice to the application of mandatory consumer protection provisions that may be provided by the law of the Consumer's habitual residence country.
18.2. For any dispute relating to the interpretation, execution or termination of these Conditions or contracts concluded through the Website with Consumer Customers, the court of the Consumer's place of residence or domicile shall have jurisdiction, if located in the territory of a member state of the European Union, unless otherwise mandatory provision.
18.3. For disputes with non-Consumer Customers, where the order is exceptionally accepted, the Court of Bologna shall have exclusive jurisdiction, unless otherwise mandatory provision.
18.4. The Consumer may have recourse to alternative dispute resolution bodies for consumer matters (ADR) that may be competent, according to applicable law. Unless legally obliged or voluntarily agreed by the Seller, the Seller is not required to participate in ADR procedures and will evaluate any participation on a case-by-case basis.
19. AMENDMENT OF THE CONDITIONS
19.4. The Seller may amend these Conditions at any time. The amendments are effective from the date of publication on the Website and apply to orders submitted after such publication.
19.5. Orders already submitted before the amendment remain governed by the Conditions in force at the time the order was submitted, unless the amendment is imposed by mandatory rules also applicable to ongoing relationships or is more favorable to the Customer and accepted by the Seller.