Terms of Sale

GENERAL TERMS AND CONDITIONS OF SALE OF OPPORTUNITY COMMERCE S.R.L.

1. SCOPE OF APPLICATION AND CONCLUSION OF THE CONTRACT

1.1 These General Terms and Conditions of Sale govern the offer and sale of products through the website www.opportunitycommerce.com (hereinafter referred to as ‘the Site’ or ‘the Website’)

1.2 The owner of the website is OPPORTUNITY COMMERCE S.R.L. (hereinafter referred to as the ‘seller’), VAT number and tax code 12139570969, with its registered office in Corso Vercelli 57, 20144 Milan, Italy, registered in the company register of Milan, REA MI - 2643570, Tel +39 329 0393502, e-mail: info@opportunitycommerce.com.

1.3 The sale of products through the Site constitutes a distance contract governed by Chapter I, Title III (art.45 et seq.) of Legislative Decree no. 206 of 6 September 2005 (‘Consumer Code’) and by Legislative Decree no. 70 of 9 April 2003, containing the regulation of e-commerce.

1.4 Before proceeding with the purchase of Products through the website, the user must carefully read the present General Terms and Conditions of Sale, which OPPORTUNITY COMMERCE S.R.L. makes available in the ‘Terms and Conditions’ section of the website and which he/she is allowed to memorise and reproduce, as well as all the other information that OPPORTUNITY COMMERCE S.R.L. provides both before and during the purchase process. By using the website and/or making any purchase you accept the present Conditions of Sale of the Products.

1.5 OPPORTUNITY COMMERCE S.R.L. reserves the right to amend these General Terms and Conditions of Sale at any time and without prior notice. Any changes are enforceable from the moment they are published on the Site in the ‘Terms and Conditions’ section, which can be found in the footer of each page of the Site. Users are therefore invited to regularly access the Site and consult the most up-to-date version of the General Terms and Conditions of Sale before making any purchase.

2.  DEFINITIONS

2.1 In these General Conditions of Sale:
a) “Customer” means the person purchasing the products from www.opportunitycommerce.com
b) “Consumer Code” means Legislative Decree No. 206/2005 as amended by Legislative Decree No. 21/2014, which constitutes the body of legislation on consumer rights and which implemented Directive 2011/83/EU and amending Directive 93/13/EEC, Directive 1999/44/EC and as amended by Legislative Decree No. 130/2015 implementing Directive 2013/11/EU.
c) “General Terms and Conditions of Sale” shall mean the terms governing the sale and purchase of products via the website www.opportunitycommerce.com
d) “Consumer” shall mean, pursuant to Article 3 letter a) of the Consumer Code ‘a natural person acting for purposes which are outside his or her trade, business or profession’.
e) “Contract” means the sales contract concluded between the Seller and the Customer concerning or products on the website www.opportunitycommerce.com.
f) “Legal Guarantee of Conformity” means the Guarantee provided for in Articles 128-135 of the Consumer Code, applicable exclusively to Consumers
g) “Order” refers to the Customer's request addressed to the Seller for the purchase of the product present on the website www.opportunitycommerce.com
h) “Product or Products” refers to all products sold from time to time through the Website www.opportunitycommerce.com
i) “Order Confirmation” means the written formality with which the Customer informs the Seller of the intention to purchase the product present on the Website www.opportunitycommerce.com
j) “Website” means the website www.opportunitycommerce.com
k) “Seller” means OPPORTUNITY COMMERCE S.R.L. Srl.

3. PURCHASE ON THE WEBSITE

3.1 The Customer can purchase the Products present on the Site at the time of ordering and viewable at www.opportunitycommerce.com as described in the relevant information sheets, subject to the provisions of Article 7 of this document.
3.2 The purchase of Products through the Site can only be made after registering on the Site, in accordance with the procedures set out in Article 4 below, and is permitted both to users who are consumers as defined in Article 2, paragraph 1, letter d), and to users who are not consumers and are therefore acting for the purposes of any entrepreneurial, commercial, handicraft or professional activity carried out.
3.3 OPPORTUNITY COMMERCE S.R.L. reserves the right to take all necessary actions to put an end to irregularities, including the suspension of access to the Site, the cancellation of the registration to the Site or the non-acceptance or cancellation of irregular orders.
3.4 Lastly, OPPORTUNITY COMMERCE S.R.L. reserves the right to refuse or not confirm an order for any reason whatsoever, in particular orders that come from: users who have provided false, incomplete or otherwise inaccurate identification details; users who have been involved in fraud of any kind, and in particular, fraud relating to credit card payments.

4. SITE REGISTRATION

4.1 Registration on the Site is free of charge. To register on the Site, the user must fill in the appropriate form, entering his or her name, surname, date of birth, e-mail address, a password and click on the ‘Continue’ button. If registration takes place during the purchase process, the user will also be required to enter the billing and delivery address, telephone number and tax code.
4.2 Registration with the Site enables the user to perform the following activities, among others, through the reserved personal area:

  • - manage their personal data
  • - consult their order history
  • - check the status of existing orders, including where shipment tracking is issued 
  • - make use of the dedicated services that may be activated from time to time by OPPORTUNITY COMMERCE S.R.L. 

4.3 The registration credentials (e-mail address and password) must be used exclusively by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them and to inform OPPORTUNITY COMMERCE S.R.L. immediately by means of the contact details set out in article 16, in the event that the user suspects or becomes aware of any undue use or disclosure of the same.
4.4 The user guarantees that the personal information, in particular the tax information, provided during the registration procedure for the Site is complete and true, and agrees to hold OPPORTUNITY COMMERCE S.R.L. harmless and indemnified from any damages, compensation obligations and/or sanctions arising from and/or in any way connected to the user's violation of the rules on registration with the Site or the preservation of registration credentials.

5. INFORMATION DIRECTED TO THE CONCLUSION OF THE CONTRACT

5.1 In order to conclude the contract for the purchase of one or more Products on the Site, the user must fill in an order form in electronic format and send it electronically to OPPORTUNITY COMMERCE S.R.L., following the instructions that will appear on the Site from time to time.
5.2 The contract concluded between the Seller and the Customer is deemed to be finalised and effective when the order form reaches the server of OPPORTUNITY COMMERCE S.R.L..
5.3 Before proceeding with the transmission of the order form, the user will be able to identify and correct any data entry errors by following the instructions on the website during the different stages of the purchase process.
5.4 Once the order form has been registered, OPPORTUNITY COMMERCE S.R.L. will send an Order Confirmation to the email address provided by the user, containing: information regarding the essential characteristics of the Product(s) purchased, details of the price, the method of payment used, the delivery costs and any additional costs.
5.5 The Order Confirmation shall be filed in OPPORTUNITY COMMERCE S.R.L.'s database. The customer will be able to access the order form and/or the data entered through their personal account.
5.6 The Vendor reserves the right, at its sole discretion, to accept or reject the Order, subject to the availability of the product that is the subject of the Order Confirmation under the conditions set out therein. In the event of non-acceptance, the Seller shall promptly notify the Customer by sending an e-mail to the e-mail address indicated during registration, stating the reason thereof.
5.7 The purchase proposal is understood to be ‘subject to stock availability’. In the event that the actual Product is no longer available at the supplying companies and/or is available for a longer period of time than those indicated in Article 6 below, the Seller shall promptly notify the Customer by e-mail or telephone. In this case, the Customer may make use of the procedure indicated in Article 6.4, in particular options a) and b).
5.8 By placing the Order, the Customer declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions of Sale (also for orders placed by telephone or e-mail).
5.9 The Seller shall not be held liable for delivery errors due to inaccuracies or incompleteness in the completion of the Purchase Order by the Customer. Moreover, the Seller shall not be held liable for any damage that may occur to the products after delivery, as well as for delays in delivery attributable to the carrier in charge of transport

ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE

  • The contract stipulated between OPPORTUNITY COMMERCE S.R.L. and the Customer is deemed to be concluded with the acceptance, even if only partial, of the order by OPPORTUNITY COMMERCE S.R.L., which reserves the right, at its sole discretion, to accept the order. Acceptance shall be considered tacit, unless otherwise communicated to the Customer in any other way. By placing an order in the various ways provided, the Customer declares that he/she has read all the information provided during the purchase procedure and fully accepts the general conditions and payment conditions transcribed below.
  • If the Customer is a final consumer (i.e. a natural person purchasing the goods for purposes not related to his or her professional activity), once the online purchase procedure has been completed, he or she shall print or save an electronic copy and, in any case, retain these general sales conditions, in compliance with the provisions of Articles 3 and 4 of Legislative Decree No. 185/1999 on distance sales.
  • Any right of the Customer to damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance, even partial, of an order.

CONDITIONS

  • The conditions contained in this document may be modified by OPPORTUNITY COMMERCE S.R.L. without prior notice and shall be valid from the date of publication on the website www.opportunitycommerce.com.

RIGHT OF WITHDRAWAL

  • Pursuant to Legislative Decree 206/2005 and in accordance with articles 52 et seq. of the Consumer Code, the User who is a Consumer has the right to withdraw from the contract for the purchase of the Product, without having to provide any reason, without any penalty within 14 calendar days from the date of receipt of the Product. Full proof of receipt of the goods is the date indicated on the delivery note.
  • In order to exercise the right of withdrawal, the User must inform OPPORTUNITY COMMERCE S.R.L., prior to the expiry date of the Withdrawal Period, of their decision to withdraw. To this end, he/she may send any explicit declaration of his/her decision to withdraw from the contract by email to info@opportunitycommerce.com.
  • Upon receipt of the notice of withdrawal, the Seller shall send a confirmation e-mail to the Customer indicating the instructions for returning the goods and attaching the label to be affixed to the packaging. In case of no reply, after 24/48 hours from the sending of the communication of withdrawal, it will be necessary to request information by e-mail (info@opportunitycommerce.com) or by phone +39 329 0393502
  • The Customer undertakes to return the purchased product, using a courier of his choice and at his own expense, within 14 days from the date of the communication of withdrawal, suitably protected and packed in the original packaging, together with any accessories.
  • Pursuant to Article 57 c.2 of the Consumer Code, the User shall only be liable for any diminution in the value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics and operation of the Product. In any case, the Product must be stored, handled and inspected with normal diligence and returned intact, complete in all its parts, fully functional, accompanied by all accessories and illustrative sheets, with the identification tags, labels and disposable seal, where present, still attached to the Product intact and not tampered with, as well as perfectly suitable for the use for which it is intended and without signs of wear or dirt. Moreover, the withdrawal shall apply to the Product in its entirety, it cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product's packaging bears the serial code of the same, such as, for example, for electronic or household appliance products, this constitutes part of the product and, consequently, the Product must be returned in its original packaging, which must be placed in additional packaging, as no other label or tape may be affixed to it. The shipment of the Product to the Vendor, until the certificate of receipt in the Vendor's warehouse, is under the complete responsibility of the Consumer, who will be obliged to compensate the Vendor for damages in the event of an accident, without prejudice to the responsibilities of the Carrier. Therefore, in the event that the returned goods are damaged or lost during transport, OPPORTUNITY COMMERCE S.R.L. shall inform the Consumer (within 5 working days from the receipt of the goods), in order to allow the latter to file a complaint against the carrier chosen by him and to obtain a refund of the value of the goods (if insured).
  • In accordance with the provisions of art. 57 c.1 of the Consumer Code, only after receipt of the Product and after having positively verified the respect of the terms and methods for the exercise of the right of withdrawal as well as the substantial integrity of the Product and the packaging and without prejudice to any costs of restoration for ascertained damage to the original packaging, the Seller shall proceed, as quickly as possible and in any case within 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal, to reimburse the sums paid by the Consumer. The amount of the refund shall be communicated by e-mail and credited to the same means or payment solution used for the purchase, unless otherwise agreed.
  • In the event that the withdrawal is not exercised in accordance with the provisions of the applicable regulations, it will not result in the cancellation of the contract and consequently will not entitle the user to any reimbursement. OPPORTUNITY COMMERCE S.R.L. will inform the user by e-mail within 5 working days from the receipt of the Product, rejecting the withdrawal request. The product will remain at OPPORTUNITY COMMERCE S.R.L. at the user's disposal for collection, which must be carried out at the user's expense and under the user's responsibility.
  • Pursuant to Article 59, c.1 lett. c), d) and e) of the Consumer Code, the right of withdrawal is excluded in the event that the sale relates to custom-made or personalised Products or which by their nature cannot be returned or are liable to deteriorate or alter rapidly.
  • Pursuant to the Consumer Rights Directive 2011/83/EU, the right of withdrawal cannot be exercised for made-to-measure or clearly personalised goods.
  • Under no circumstances will it be permitted to withdraw the order or to make use of the right of withdrawal for the following types of products:
    - Furniture (tables, chairs, stools, consoles, sideboards, cupboards, furniture in general);
    - Beds and mattresses;
    - Bathroom furniture;
    - Shower enclosures and shower trays;
    - Professional kitchens;
    - Wood-burning stoves and pellet stoves;
    - Some sinks and faucets available in various finishes.
  • The right of withdrawal between businesses:
    A peculiarity of the right of withdrawal is that it only applies to consumer contracts, i.e. those involving a professional/seller and a consumer. This means that, in principle, professionals cannot make use of the right of withdrawal.
    The right of withdrawal serves to protect consumers. It is therefore only valid in contracts between professionals and consumers. Therefore, it must be emphasised that businesses cannot exercise the right of withdrawal. The right of withdrawal, therefore, cannot be exercised
    - in contracts between private individuals;
    - in contracts between two companies;
    - in the case where a private individual buys with a VAT number.

CUSTOMER CARE AND COMPLAINTS

It is possible to request information, send communications or make complaints by contacting the Customer Service of OPPORTUNITY COMMERCE S.R.L. in the following ways at the following addresses
- by e-mail, at assistenza@opportunitycommerce.com 
- by telephone, at the number +39 388 7860251
OPPORTUNITY COMMERCE S.R.L. will reply by e-mail within two working days from receipt of the same.

GUARANTEES

  • All products sold by OPPORTUNITY COMMERCE S.R.L. are covered by the conventional manufacturer's warranty and by the 24-month warranty for conformity defects, pursuant to Legislative Decree no. 24/02. In order to benefit from assistance under warranty, the Customer shall keep the invoice (or the delivery note) that he will receive together with the purchased goods or in electronic format to his e-mail address. The Customer may at any time make a request to shop@opportunitycommerce.com for invoices relating to his purchases.
  • The conventional manufacturer's warranty is provided in the manner illustrated in the documentation inside the product packaging. If, following intervention by an Authorised Assistance Centre, the defect should turn out not to be covered by the manufacturer's conventional warranty, the Customer will be charged for any verification and repair costs requested by the Authorised Assistance Centre, as well as the transport costs, if sustained by OPPORTUNITY COMMERCE S.R.L..
  • The 24-month guarantee pursuant to Legislative Decree No. 24/02 applies to products that present a conformity defect, provided that the same is used correctly, in compliance with its intended use and with the provisions of the enclosed technical documentation. This guarantee, in accordance with Legislative Decree No. 24/92, is reserved only for private consumers (natural persons who purchase goods for purposes not related to their professional activity, or who make a purchase without indicating a VAT number on the order form). In the event of a conformity defect, OPPORTUNITY COMMERCE S.R.L. shall restore the conformity of the product, at no cost to the Customer, by repairing/replacing it or reducing the price, up to the termination of the contract. If, following intervention by an Authorised Assistance Centre, the product does not prove to be a conformity defect in accordance with Italian Legislative Decree No. 24/02, the Customer will be charged for any costs of verification and restoration required by the Authorised Assistance Centre, as well as any transport costs if incurred by OPPORTUNITY COMMERCE S.R.L.
  • Replacements in the event of DOA (Dead On Arrival: product not working when first switched on), subject to the existence of the prerequisites for the application of Legislative Decree no. 24/02, will only be carried out if expressly provided for by the manufacturer. The time required to replace or repair the product depends exclusively on the manufacturer.
  • In the event that OPPORTUNITY COMMERCE S.R.L., for whatever reason, is not able to replace a product under warranty (repaired or replaced), OPPORTUNITY COMMERCE S.R.L. may proceed, with the Customer's prior consent, with the replacement of the product itself (if still listed) or with another product of equal value and characteristics, or with the issue of a discount voucher of equal value which may be spent on another product, valid for 6 months from the date of issue.
  • No damages can be claimed from OPPORTUNITY COMMERCE S.R.L. for any delays in repairing or replacing products under warranty.
  • In cases where the application of the guarantees provides for the return of the product, the goods must be returned by the Customer in their original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc...); in order to limit any damage to the original packaging, it is recommended, whenever possible, to place it in a second box; in all cases, the affixing of labels or adhesive tapes directly onto the original product packaging must be avoided.

APPLICABLE LAW AND JURISDICTION.

Any dispute relating to the application, execution, interpretation and breach of the contract concluded online by the Client with OPPORTUNITY COMMERCE S.R.L., shall be subject to Italian jurisdiction.
Any dispute between the parties in relation to the contract shall be settled by the Court of the place of residence or domicile of the Client, if located within the Italian territory (Art. 14 paragraph 1 of the Decree); if the domicile of the Client or his residence is not within the Italian territory, the competent Court shall be the Court of execution of the contract.
Any dispute not related to consumers, however connected to these General Conditions, shall be devolved to the exclusive jurisdiction of the Court of Milan.