Terms and conditions

Orciani Spa, a company registered in Italy (company registration number PS 122544, registered office at Via dell’Industria 3, 61032 Fano (Pesaro and Urbino), Italy (“Orciani Spa”), offers products from the Orciani brand collections for sale directly to its customers through this website, www.orciani.com (the “Website”). The sale of Products on the Website is regulated by the following terms and conditions of sale (the “Conditions of Sale ”).

2.1. The Products presented on the Website are only offered for sale to consumer customers (“Customer(s)” or “You”); the term Customer refers to any natural person making purchases for purposes unrelated to trade, business, production or professional activities. Products may only be purchased on the Website by people who are legally of age (i.e. aged 18 or above). The Products offered for sale on the Website may only be purchased in and delivered to the countries in the list in the top left-hand corner of any page of the site. Prices and terms of sale may vary from country to country.

2.2. Before confirming and sending a purchase order, the Customer must read these Conditions of Sale with care and agree to them. Together with the Privacy Policy, these Conditions of Sale govern the contract between the Customer and Orciani Spa with regard to the sale of Products on the Website.

2.3. By sending the purchase order, the Customer agrees to and undertakes to comply with these Conditions of Sale. Any Customer not in agreement with any of the conditions set out in the Conditions of Sale must not send a purchase order for the Products on the Website.

3.1. To purchase one or more Products, the Customer must select the Products required, the colour and the size. The Products selected for purchase will be added to the Cart. In order to allow the articles to be kept in the Cart, so that the purchase can be continued at a later time, the Customer must create an online account and access this account at the time of purchase. Customers can make purchases without an online account/without registering, but all articles in the Cart will be removed if the purchase procedure is not completed during the session, and in that case the Customer will have to start a new purchase procedure when he returns to the Website at a later time.

3.2. The Customer is able to modify any information which he has entered during the course of the purchase procedure, until the moment when he confirms his order. Once the order has been sent, the Customer is no longer able to modify or cancel the order.

3.3. The sales procedure is not concluded until the Customer sends the purchase order to Orciani Spa by clicking the “Submit order” button at the bottom of the purchase confirmation page. To send the order, the Customer must provide his personal data, including his name, address, email address and payment details. He must also check the relevant box to confirm that he agrees to these Conditions of Sale. Before sending orders, Customers are advised to carefully check the order summary, including the details of the Products, the details of the delivery costs, the conditions required for exercise of the right of withdrawal (the “Information about the right of withdrawal”, see point 7 below) the legal warranty statement and the Privacy Policy.

3.4. After sending of the order, Orciani Spa will send the Customer an email confirming that Orciani Spa has received and processed it (the "Confirmation of Order"). Customers may access their orders at any time from the "My Account" section of the Website, if they have registered to use the "My Account" section of the Website, or by contacting the Customer Service at eshop@orciani.com.

Please note that the Confirmation of Order does not constitute acceptance of the Customer's order on the part of Orciani Spa. Orciani Spa will not accept the order and charge the relative sums to the Customer's payment card until the Products are shipped. For payment by bank transfer, the customer's Order will be processed as soon as we receive the customer's payment. Customers are granted 5 days to pay by bank transfer; otherwise, Orciani Spa will cancel the order. At this point Orciani Spa will send the Customer another confirmation email stating that the order has been accepted and is being processed. In case of payment by bank transfer, the email will contain payment instructions. Once the products have been shipped, the (“Delivery Confirmation”), the invoice for the order will be available in the customer area under the "orders" heading.

3.5. Orciani Spa reserves the right not to accept orders from Customers not considered to meet the requirements for the placing of a purchase order, orders placed by parties with which legal disputes are ongoing with regard to a previous order, or for any other legitimate reason, without providing any explanation. Orciani Spa reserves the right not to accept and fulfil orders which appear to have been placed by traders and/or distributors.

3.6. For each Product offered for sale on the Website, an image of the Product will be displayed together with the unit price and the colours and sizes available. Images of Products are purely guideline. The images and colours of the Products offered for sale on the Website might not be completely accurate due to the browser and/or monitor used, or for other technical reasons. Orciani Spa accepts no liability for any shortcomings in the graphic representation of the Products shown on the Website due to the aforesaid technical reasons.

4.1. Orciani Spa undertakes to guarantee the availability of all Products offered on the Website; however, in exceptional cases it is possible that the Products sold by Orciani Spa on the Website may not be actually available. Orciani Spa advises Customers to check the availability of the Products offered for sale on the Website at the time of purchase.

4.2. If the Products ordered by the Customer are temporarily not available, except for pre-orders and orders for Product with limited availability, the availability date of which is clearly stated, Orciani Spa shall notify the Customer by email within the next working day after submission of the order. If the Products are not available, no charge will be made to the Customer's payment card. If the amount relative to the purchase has already been charged, it will be refunded within 14 (fourteen) days to the payment card used to send the order. Customers will also have to wait for the specific bank processing times for the refund to be visible, depending on the conditions applied by the bank used. Orciani Spa has no power with regard to refund times, which are at the discretion of the bank concerned. For payment by bank transfer, if the Customer has already made the payment we will refund the purchase amount to the same bank account. If the Customer has not yet made the bank transfer, the order will be cancelled.

5.1. The Prices of the Products available for sale on the Website are expressed in EURO (€) for sales in the European Union, in Swiss francs (CHF) for sales in Switzerland, in GBP (₤) for sales in the United Kingdom and in USD ($) for sales in the USA.

5.2. All prices of Products for delivery will include VAT if delivered in the United Kingdom or in the European Union and will be without VAT and customs duties if delivered in the USA and Switzerland, unless otherwise stated during the purchase process, but do not include delivery costs, which will be charged separately. The delivery costs depend on the destination and the type of delivery selected during the purchase procedure. Delivery costs will be detailed on the payment page, in the Confirmation of Order. Any customs duties and all the various customs costs are payable by the consignee and must be paid to the courier on delivery.

5.3. Orciani Spa accepts payment by MasterCard, Visa, American Express, Maestro, Union Pay, Bank Transfer and PayPal for European countries.
Visa, Mastercard, Amex, Diners, Bank Transfer and PayPal for the USA.
Visa, Mastercard, Amex, Diners, Bank Transfer and PayPal for Australia.
Visa, Mastercard, Amex, Bank Transfer and PayPal for Asia and Canada.

5.4. For payments by credit card and PayPal, the Products purchased will not be sent to the Customer until Braintree has checked the Customer's credit card data and the Customer's bank has authorised the charge. Verification of credit card data is normally instantaneous, but in some cases it may involve delays; these will be minimal and do not normally take more than 24 hours, but longer times are possible. The amount will not be charged to the Customer's card until the time of shipment of the Products. If payment by Bank Transfer has been chosen, the Customer will receive an email with all details and will have up to 5 days to make the payment. Otherwise, the order will be cancelled. Once payment has been received, the order will be shipped.

5.5. All Products carry a label with an identification number, which constitutes an integral part of the Product itself. Customers must not remove the label and the relative Product identification number until they have checked that the Product corresponds to the order required, or until they have decided not to exercise the right of withdrawal established by point 7 below.

6.1. Products will be shipped to the address supplied during the purchase procedure. For security reasons, Orciani Spa does not ship orders to PO Boxes, and it does not accept any orders if it is unable to verify the identity of the order's consignee and the address of the natural person concerned.

6.2. All purchases will be delivered by the courier service chosen by Orciani - TNT for Italy and FEDEX for all other destinations (the “Courier”) unless otherwise stated for specific countries, from Monday to Friday, except for local or national public holidays. Saturday deliveries may be possible if offered by the Courier.

6.3. Products will be delivered within 2-4 working days after Delivery Confirmation for shipments in Italy, and 3-5 days after Delivery Confirmation for shipments in the USA, Canada, Europe, Latin America, Middle East, India, Africa and Oceania, if standard delivery has been chosen, depending on the delivery address and the Customer's country of destination, and the delivery method chosen by the Customer at the time of purchase. See Deliveries page for further information about delivery times and methods. Orciani Spa shall not be responsible for unforeseen delays and/or those caused solely by the Courier. Before shipping the Customer's purchases, Orciani Spa may need to confirm the Customer's details with the credit card issuer. Orciani Spa undertakes to do its best to minimise delays, bearing in mind that these procedures do not normally take more than 24 hours.

6.4. Customers who do not receive the Products within 7-10 (seven-ten) working days after receipt of the Delivery Confirmation are advised to contact Orciani Spa on +39 0721 814011. Customers may also send an email to eshop@orciani.com

7.1. Customers are entitled to withdraw from the purchase contract agreed with Orciani Spa, without any penalty and without explaining the reason, within 14 days after the date of receipt of the Products purchased on the Website. Customers exercising the right of withdrawal are not permitted to exchange the Product purchased for another Product.

7.2. To exercise the Right of Withdrawal, Customers must notify Orciani Spa of their intention to withdraw from the contract at eshop@orciani.com

Customers must return the Products in their original condition, “as new”, to the Orciani Returns Centre (see point 7.8 below). All Products purchased online must be returned to the Orciani Returns Centre. Returns sent to our points of sale will not be accepted.

7.3. The Customer will receive a refund provided the Products have not been used or washed and are in their original delivery condition, with the original labels attached, complete with all parts and accessories and the original packaging. If the Customer exercises his right of withdrawal for all the Products in the same purchase order, all the Products must be returned simultaneously in a single delivery.

7.4. Orciani Spa reserves the right to inspect the Products returned and to refuse return of Products which do not meet the requirements stated in point 7.3 above.

7.5. A complete refund will be paid to the payment card or current account used for the purchase, as soon as possible. In all cases, Orciani Spa will arrange the refund as soon as the Customer proves that the Products have been dispatched. If the Customer has specifically requested a more expensive delivery method, different from the less expensive delivery methods generally used and offered by Orciani Spa, the latter shall be obliged to refund delivery costs only up to the amount which the Customer would have paid if he had accepted the less expensive, generally accepted delivery method offered by Orciani.

7.6. If the Products returned have been purchased as a gift, the refund will be paid to the person who made the payment. The payment date of the refund will be the same as that of the initial payment to Orciani Spa. Therefore, the party which made the payment will not incur any loss in terms of bank interest.

7.7. When returning Products to Orciani Spa, Customers must use the online return form, in their personal area and at the bottom of the page throughout the website. Use the online return form to select the order for return and start the procedure. Specify the product, the quantity, the reason, the condition of the product for return, the reason for the return, any remarks and if the product was received damaged, and a photograph of the product or the damage. Once the request has been received, our Customer Care will contact the Customer within the next 48 working hours, and start the return procedure by sending the customer the return label. On receipt of the label, the Customer must print it and affix it to the outside of the pack. The Customer must also check that the pack contains all commercial documents to accompany the Products and obtain a copy of the receipt for return of the Products, duly signed by the Courier, conserving it as proof of dispatch. If the Products are returned by Courier, all delivery costs, including the costs for return of the Products to Orciani Spa, will be payable by Orciani Spa.

7.8. Orciani Spa urges Customers to conserve the shipping receipt and the relative number with care. In this case, the costs of return of Products will be payable by the Customer and Orciani Spa shall not be responsible for refunding the prices of the Products sent by the Customer which have not been received by Orciani Spa further to loss, theft or damage beyond the control of Orciani Spa.
Products must be returned to the following address:

ORCIANI Spa
Via dell'Industria, 3
61032,Fano (PU), Italy
Italy

8.1. Orciani Spa reserves the right to amend or correct these Conditions of Sale, the Privacy Policy, and Information on the Right of Withdrawal, the Products offered for sale on the Website and the prices of the Products at any time and without notice to the Customer. Orciani Spa advises Customers to check the Conditions of Sale and the Privacy Policy carefully whenever they use the Website to make a purchase.

8.2. Orciani Spa will make every effort to guarantee that the prices and other information about the Products displayed on the site are accurate and up to date. However, occasional printing errors, incorrect statements or omissions (“Errors”) relating to the description, price, special and promotional offers and availability of the Products concerned are possible. Orciani Spa reserves the right, at any time and without notice to the Customer, to correct Errors, amend or update information, withdraw offers containing the Errors, and cancel any order, at any time prior to shipment.

8.3. If a charge is made on the Customer's payment card for an order cancelled under the provisions of point 8.2, Orciani Spa will notify the Customer immediately via email (in all cases within no more than 48 hours after cancellation of the order) and the Customer's payment card will be refunded within 14 (fourteen) days after cancellation of the order (the same applies to payments via Bank Transfer).

8.4. All the amendments and/or corrections referred to above shall only apply to purchase orders sent after the date of the amendment or correction made by Orciani Spa.

9.1. Customers must inspect Products on delivery to ensure that they correspond to the order.

9.2. The Customer must claim for any anomaly detected on delivery, including (but not limited to) any tampering with or damage to the pack, damage to the Products, missing articles, nonconforming Products, defective Products, etc. (“Defects”) directly to the Courier by adding a written, signed comment on the delivery notice provided by the latter. In these circumstances, the Customer is not obliged to accept the Products and may return them directly to the Courier.

9.3. If any defects are identified after delivery, the Customer may return the products to Orciani Spa following the procedure described in point 10 below.

10.1.Orciani Spa Products offered for sale are covered by a legal warranty of 24 months from the date when the Customer receives the Products (“Legal warranty period”). The legal warranty period covers any defect and nonconformity of the Products. Without prejudice to any other remedy available under the relevant law, during the legal warranty period, if it is discovered that a Product delivered to the Customer is faulty or does not conform to the Product ordered ("defective Product"), the Customer is entitled to return the defective Product to Orciani Spa. Orciani Spa may decide to replace the defective Product with a new one.

10.2. Defective Products must be returned by the following procedure:
(a) Customers shall notify Orciani Spa of any defect or nonconformity in the Products purchased within the legal warranty period by writing to eshop@orciani.com. The email must include the details of the Product and a description of the defect.
(b) Orciani Spa shall arrange the delivery of any replacement Products granted with the Courier. Delivery expenses and the costs of insuring the Products shall be payable by Orciani Spa.

10.3. If the Customer decides not to use the Courier, Orciani Spa shall not be liable for any loss of the Product.
Defective Products must be returned to the following address:

ORCIANI Spa
Via dell'Industria, 3
61032,Fano (PU)
Italy

10.4. Orciani Spa reserves the right to inspect returned Products to verify the existence of the defect or nonconformity and may return the Products to the Customer if it considers that there is no defect or nonconformity present.

No repairs may be requested on the Website for Products purchased at points of sale or other shops which offer the Products for sale, and vice-versa. (In other words, repair of Products purchased on the Website cannot be requested at shops or boutiques).

12.1. The Products offered for sale on the Website are supplied "subject to availability". Except for the legal warranty as per point 10.1 above, Orciani Spa does not issue any contractual or other explicit or implicit warranty, condition, undertaking or term concerning the condition, performance, satisfactory quality or fitness for a specific purpose of the Products above and beyond the Product description included in the purchase order, and all the aforesaid warranties, conditions, undertakings or terms of the said kind are excluded to the maximum extent permitted by the law.

12.2. Under no circumstances shall Orciani Spa be liable for damage of any kind, including (but not limited to) direct, indirect, incidental or consequent damage, caused to the Customer and arising directly or indirectly:
1. from the use or inability to use the Website on the part of the Customer;
2. from the Customer's reliance on the information contained in the website; or
3. from errors, interruptions in service, erasures, damage or corruption of files and emails, software errors, viruses or defects, delays in operation or transmission, communication failure, theft, destruction or unauthorised access to Orciani Spa data, programs or services.

12.3.Subject to the provisions of points 12.1 and 12.2, nothing in these Conditions of Sale shall exclude or restrict Orciani Spa's liability in relation to the Customer for fraud, death or personal injury caused by negligence, violation of the relevant consumer protection law, or any other liability which cannot be excluded or restricted under the relevant legislation.

13.1. All aspects of these Conditions of Sale are governed by Italian law. The Law Court of the place of residence of the Customer, as consumer, shall have jurisdiction over any dispute arising with regard to the interpretation and fulfilment of these Conditions of Sale.

13.2. In the event that any provision of these Conditions of Sale is considered not valid, null and void or inapplicable for any reason, the aforesaid provision shall be considered separate and shall not affect the validity and applicability of the other provisions.

14.1. The prices of all articles on the Orciani website include VAT at 22%. The amount of tax paid will appear in the order during Checkout.
Customs duties will be levied on goods shipped to destinations outside the European Community and will be payable on delivery.

15.1. Customers wishing to present a complaint or requiring information or assistance relating to the Website or purchasing procedure may contact the customer care service at eshop@orciani.com.

Registered office (Italy)

ORCIANI Spa
Via dell'Industria, 3
61032,Fano (PU)
Italy
Company Registration Number: PS122544

For the purposes of art. 14 of European Regulation 524/2013, Orciani Spa informs Customers that in case of a dispute they may lodge a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission, accessible at the following link:

http://ec.europa.eu/consumers/odr/.

However, Orciani Spa advises Customers to contact its customer care service by email at eshop@orciani.com to find a direct solution to any kind of issue.