TERMS AND CONDITIONS OF SALE

1. GENERAL PROVISIONS.

(a) The terms and conditions indicated below (the “General Conditions of Sale”) form an integral part of the contracts concluded between the Seller and the Buyer for the supply of the Seller’s products (the “Products”). (b) The General Conditions of Sale apply only to all commercial transactions concluded between the Seller and the Purchaser without the need for there to be an express reference to them or a specific agreement to that effect at the conclusion of each individual transaction. Any different terms or conditions apply only if confirmed in writing by the Seller. (c) Sales on this site will be made by: OFFICINE TECNICHE SRSL- Via Bruno 22, 71121 Foggia(FG)  

2. OFFERS AND ORDERS.

(a) These General Conditions of Sale govern the offer, shipment and acceptance of purchase orders for products on this website and do not govern the provision of services or the sale of products by parties other than the Seller who are present on the same site through links, banners or other hyperlinks (b) The Seller’s offers are not to be considered binding, in particular with reference to quantities, prices and delivery terms. (c) Orders placed by the Purchaser are not considered accepted until they have been confirmed in writing by the Seller. In the event that the Seller fails to confirm an order in writing, the issuance of the invoice by the Seller or the execution of the order by the Seller will be considered as confirmation. (d) To conclude the purchase contract it is necessary to fill in the form in electronic format and send it following the relative instructions.  

3. PRICES AND PAYMENT TERMS.

(a) Taxes, duties and any after-sales service are included in the prices only where indicated. (b) Shipping and insurance costs are shown separately. (c) Payment can be made by: Credit Card through the gateway provided by Stripe, Inc or by bank transfer to the account specified during the purchase. (d) In the event that the Buyer fails to make payment within the terms and in the manner indicated by the Seller or in the event that the buyer’s business is not conducted in accordance with the ordinary course of business, by this meaning, without any limitation, the issuance of seizure deeds or protests, or when payments have been delayed or bankruptcy proceedings have been requested or promoted, the Seller has the right, at its discretion, to suspend or cancel further deliveries and to declare any claims arising from the business relationship as immediately payable. Furthermore, the Seller may in such cases request advances on payments or a guarantee deposit. (e) The Buyer has no right to make any set-off, withholding or reduction except in the event that its request to do so has been finally and judicially granted.  

4. TERMS OF DELIVERY.

(a) Unless otherwise agreed in writing, any delivery term indicated is not binding on the Seller. Unless expressly requested by the Purchaser for urgency, the Seller will evaluate the delivery term from time to time according to the type of order and the availability of the items in stock. For delivery delays exceeding 30 days, the Seller will inform the Purchaser of the indicative delivery term. (b) The Seller reserves the right to reasonably make partial deliveries. (c) Any liability for failed or delayed delivery resulting from force majeure or other unforeseeable events not attributable to the Seller, including, without limitation, strikes, lockouts, public administration provisions, subsequent blockages of export or import possibilities, in consideration of their duration and scope, release the Seller from the obligation to respect any agreed delivery term.

5. RIGHT OF WITHDRAWAL

The buyer has the right to withdraw from the purchase without any penalty and without specifying the reason, within fourteen days from the date of receipt of the Products. The buyer who intends to exercise the right of withdrawal must communicate it to the seller by means of an explicit declaration which can be sent by registered letter with return receipt or by accessing the “contacts” section of the site, or by sending a pec to: officinetecnichesrls@pec.it The Products must be returned intact, in the original packaging, complete in all its parts to the Seller’s headquarters. In compliance with the above, the Seller will refund the price of the Products subject to withdrawal within a maximum period of 20 days. In case of removal of the guarantee seal, the return will not be accepted, except in partial form, according to the unquestionable judgment of the seller. The transport costs for the return of the items, or any commission costs for the payment of the goods, will be documented and deducted from the refund.  

6. WARRANTY TERMS.

All OTW watches include a two-year international warranty. OTW Watches warrants your watch to be free from defects in materials and workmanship for a period of two years from the date of purchase. If you discover a defect in materials or workmanship within the warranty period, we will, at our sole option, repair or replace your watch at no charge to you, under the following conditions: – The watch was purchased from our retail site or an authorized dealer. – The damage or malfunction is the result, in our sole judgment, of a defect in material or workmanship and not the result of a accident or negligence of the owner. – The international warranty card included with the watch at the time of purchase is sent together to the watch when submitted for a warranty claim. – Shipping costs incurred in the process of submitting the watch for a warranty claim are the responsibility of the owner of the watch. NOT COVERED BY WARRANTY: Normal signs of wear such as scratches on the case, glass, bezel or bracelet, water infiltration resulting from a failure to secure the crown or screw-down caseback. Your OTW watch includes an instruction manual with a set of guidelines for proper care and use. Please read it carefully to avoid misuse or improper care. (a) The Seller warrants that the Products are free from defects and comply with the technical specifications declared by the Seller. (b) The warranty applies only to products used in environments and for applications consistent with the specifications declared by the Seller; any improper use is to be considered prohibited. (c) The guarantee will not be valid if the inconvenience or anomaly results from incorrect or unsuitable applications for the product, or if the same does not conform to commissioning. Any modification or replacement of parts of the product not authorized by the Seller relieves the Seller from civil and criminal liability, however voiding the warranty. The warranty does not cover normal wear parts. (d) For further Warranty Terms, please refer to the “User Manuals” which accompany the sale of each product.

7. LIMITATION OF LIABILITY.

(a) The Seller is not liable for any compensation claimed for breach or breach of contract, for any direct damages or loss of profit suffered by the Buyer as a result of the use, non-use, or installation of the Products in other products, with the exception of the cases covered by the guarantee indicated in paragraph 5 or in the event of willful misconduct or gross negligence on the part of the Seller. (b) The Seller will do everything in his power to deliver the Products within the possibly agreed terms, but in no case can he be held liable for damages directly or indirectly caused by the delayed execution of a contract or by the delayed delivery of the Products. (c) The catalogues, price lists or other promotional material of the Seller constitute only an indication of the type of Products and the prices and the indications indicated therein are not binding on the Seller, The Seller assumes no responsibility for errors or omissions contained in their price lists or in their promotional material.  

8. RETENTION OF TITLE

The Products supplied remain the full property of the Seller until the date on which the Purchaser has not paid the full price of the same and all sums due to the Seller. Up to that moment, the Purchaser keeps the Products as trustee of the Seller and must keep the Products adequately stored.  

9. INTELLECTUAL PROPERTY

a) The Customer expressly acknowledges that the trademarks, trade names or other distinctive signs affixed to the goods are the exclusive property of the Seller or their respective owners and cannot be altered, modified, removed or canceled in any way. The Customer has the limited right to use the trademarks, trade names or other distinctive signs, as well as any other industrial property right or production and commercial know-how incorporated in the goods and which remains the exclusive property of the Seller, solely and limited purpose of reselling the goods to the public. Any different use of the Seller’s intellectual property by the Customer, unless expressly granted by the Seller in writing, will be understood as a violation by the Customer of the aforementioned exclusive rights of the Seller, also in terms of contractual liability and, as such, will be properly prosecuted.  

10. PROCESSING OF PERSONAL DATA.

(a) The Buyer’s personal data will be treated in accordance with the provisions of the Italian law on the treatment of personal data. The Seller informs the Buyer that the Seller is the data controller and that the personal data of the Buyer are collected and processed exclusively for the execution of this agreement. The Purchaser has the right to ask the Seller to update, rectify, integrate, cancel and transform his data into anonymous form.  

11. GOVERNING LAW.

(a) These General Conditions of Sale and all stipulated contracts are governed by Italian law.  

12. JURISDICTION.

(a) Any dispute arising between the parties following the interpretation, validity or execution of these General Conditions of Sale and the related stipulated contracts will be devolved to the exclusive jurisdiction of the Court of Foggia. (b) It is understood between the parties that only the The Seller, at its own discretion, will have the right to waive the jurisdiction of the exclusive court referred to in the previous paragraph (a) to take legal action against the Purchaser, at his domicile and at the Court competent therein.  

13. FINAL PROVISIONS.

(a) The invalidity in whole or in part of individual provisions of these General Conditions of Sale does not affect the validity of the remaining provisions. (b) These General Conditions of Sale are drawn up in Italian and English. In case of interpretative doubts, the Italian version will prevail.