Terms and Conditions

Welcome to the website of Orazio’s.

By purchasing our goods and/or using our services, you accept these General Terms and Conditions (“GTC”). Please read this GTC carefully.

This GTC shall be applied to the contractual relationships entered into on the website and/or in the webshop of Orazio’s available at www.orazioscelsa.com, and to the visit and use of the website and/or the webshop. You expressly agree that you use our website at your sole risk.

1. Arte di Pino as providing goods and services

Company’s name: SG Build & Trade Kft (“Orazio’s” or “we”)

Company’s registered seat: 2117, Isaszeg, Patakvölgyi u. 1., Hungary
Registration number at the Budapest Court of Registration: 13 09 104519
Tax number: 10520657-1-13
Representatives: Zsuzsa Scelsa and Giuseppe Scelsa as co-owners 
Email address for general inquiries: scelsa.orazio@gmail.com

2. Goods and services

In Orazio’s online store at www.orazioscelsa.com, you can purchase “Orazio’s” branded clothes directly sold by Orazio’s.

Orazio’s is entitled to widen the scope of its goods and/or services or to suspend or fully terminate them. Orazio’s is entitled to suspend or to refuse to sell goods or to provide services if you intend to purchase or use such goods or services in contradiction with the provisions of this GTC, or Orazio’s is investigating a supposed misuse.

 

3. General provisions

The following Terms and Conditions are valid between you and Orazio’s (SG Build & Trade Kft.) and apply to all use of our website orazioscelsa.com.

This GTC is in effect from 1 January, 2020 and shall be effective until withdrawal. We reserve the right, at our sole discretion, to update, modify or replace any part of this GTC by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Please read the GTC and check back often. If you do not agree to any change to the GTC then you must immediately stop using our website and/or webshop. If you continue to use our website and/or webshop, you are deemed to accept the modified GTC. Any changes made after you have placed an order will not affect such order unless we are required to make such change by law.

You should keep a copy of these Terms and Conditions for future reference. If certain parts of our Terms and Conditions are unclear, or if you have any questions, please contact us by mailing scelsa.orazio@gmail.com before you place any order on our website.

The governing law of this GTC is the Hungarian law.

The language of this GTC and that of the contractual relation between you and Orazio’s is the English language. Each customer order establishes a unique contractual relation between you and Orazio’s.

Orazio’s has not accepted any code of conduct which shall govern its business conduct. This GTC shall not be recorded, it is entered into only in electronic form, and shall not be considered as a written contract.

 

4. The process of using our webshop

Please note that purchases can only be made on the website, as we do not receive orders made via phone, emails, or faxes.

4.1 Registration

You can place an order and purchase products in our webshop with or without registration.

If you order and purchase products with registration, upon registration you declare that you are older than 18 years, are aware of and accept this GTC and other policies and regulations published on our website, and you give your consent to manage and process your personal data as described in our Privacy Policy.

If you order and purchase products without registration, you may complete the procedure only if you declare that you are aware of and accept this GTC, and you give your consent to manage and process your personal data as described in our Privacy Policy

Upon registration Orazio’s sends an automatic email to you confirming your registration.

You shall provide information about yourself that is true, accurate, current and complete in all respects, in the course of registration and purchase. Should any of your registration information change, please notify us immediately by changing your details under your profile information.

In case of invalid or non-existent data the contract with Orazio’s shall be null and void. Orazio’s excludes its liability in case you purchase goods and/or use our services with another person’s data. Orazio’s is not liable for damages occurred due to the fact that you forgot your password or such password became available to a third person out of the scope of the responsibility of Orazio’s.

Orazio’s shall not be liable for late delivery if it was caused by incorrect and incomplete data provided by you.

Please protect your password and user’s name while Orazio’s is not liable for damages occurred due to the fact that your password and/or user’s name could have been available to third parties outside the scope of Orazio’s responsibility.

4.2 Placing an order

After registration you can enter our online store and begin shopping. You can choose the products to be purchased, the quantity and put the products into your cart.

Orazio’s provides the name and description of the products along with a photo in the webshop. Orazio’s is not liable for the differences between the photo of our product on our webshop and the real appearance of the product.

You can check the content of your cart by clicking on the “Cart” icon. It is possible to delete the product by clicking on the “Remove X” icon or correct the quantity of the product in your cart. Items in your cart are not reserved and may be purchased by other customers.

You may purchase one or multiple items in the same order and purchase procedure. Clothing and merchandising products are available according to inventory.

In a case when you have a discount code, you can enter that code into the “Enter a Promo code” field and click on the ‘Apply’ button. Then the purchase price will be reduced by the discount amount in case of qualifying items. Important: make sure that you actually added the discount to your order as we are unable to apply discounts once an order is finalized.

The next step is to select the shipping method. During checkout, the shipping fee will be calculated automatically on the basis of the shipping address according to our Shipping Policy.

By clicking on the “Checkout” button, you can start the payment procedure. First you should give your shipping address, such as first and last name, shipping address and telephone number.

You can enter your billing address, which can differ from the shipping address.

You can choose between two payment methods. You can pay with your credit card using Braintree payments gateway to complete your order or use your PayPal account. All transactions are secure and encrypted (SSL). Credit card information is never stored by Orazio’s. Payments are made in EUR. 

By clicking on “Complete order” button you can pay the purchase price of the cart according to the chosen payment method. When placing your order, the purchase price, the shipping fee and all other applicable fees (if any) will be indicated that you have to pay to receive the products.

After placing an order and successfully completing the checkout process, you have to be redirected to an order confirmation page and Orazio’s sends you an order confirmation email without delay, but not later than within forty-eight (48) hours from the time of the order. Usually, this message is shown in the webshop window after the payment method was successfully completed, with the wording “Your order is confirmed”. Such email contains your order’s summary.

Orazio’s is not liable for late confirmation if the confirmation delay is due to a false or incorrect email address provided by you during the registration process, or your email account is not able to accept messages because your inbox is full. This confirmation email is not an acceptance of your order, it is only a confirmation that Orazio’s has received your order.

Acceptance of your order shall be completed when Orazio’s sends a shipping notification email to you to confirm that the items have been sent to you.

When you would like to continue your shopping in the webshop after placing an order, click on the “Continue shopping” button.

5. Purchase information

The default currency in the webshop is EURO (EUR).

Our company is excempt of VAT and purchase prices are stated accordingly which do not include shipping fees. Shipping fees are displayed separately based on your shipping destination and weight.

All purchases are made in EUR. In case your bank account is in a different currency, then your bank might include some additional exchange. We are not responsible for possible exchange fees in these cases. If you are unsure about the procedures your bank is following in case of such transaction, we suggest contacting your bank for further information.

Charges on your bank statement will appear as “orazioscelsa.com”.

In case we introduce special sale prices, we provide detailed information to our customers in relation thereto.

If clearly incorrect purchase prices are indicated in our webshop, e.g. an incorrectly low purchase price is indicated caused by an eventual system malfunction, Orazio’s shall not accept the order and shall not deliver the product at such incorrect purchase price. In such a case we offer to deliver the product at the correct purchase price to you, and you are entitled to withdraw your order regarding such product. The order confirmed by Orazio’s at an incorrect purchase price shall be deemed as a null and void contract.

Orazio’s accepts the following types of payments: PayPal or Credit/Debit Cards (Visa, Mastercard, American Express and any other methods which may be clearly indicated in the webshop from time to time).

If the issuer of your payment card refuses to authorize the payment to Orazio’s, we shall not be liable for any delay or non-delivery.

The total amount to be paid includes all costs on the basis of your order and the confirmation email. The invoice shall be sent to you via e-mail.

6. The fulfilment of the order, delivery

The delivery of the products is made by Orazio’s through the courier services of FedEx International, Magyar posta. Orazio’s is not liable for custom clearance procedures. We ship worldwide, except for the countries not listed at checkout.

When the product has been proven to be defective, Orazio’s shall pay back the whole amount of purchase price to you in the same payment method as the original payment was made, including the shipping fee.

In case of returning products to Orazio’s, you shall pay for such shipping fees and you may choose any courier company you wish in case your return is not applicable for a free return. However, please note that we are not accepting returns outside of the EU via regular post, please contact us if you’d like help with choosing the right delivery company for your return shipment.

You will be offered either a credit toward a different product or a full refund. 

Orazio’s reserves the right to reject any confirmed orders, for example when the item is out of stock due to inventory errors, or its condition does not satisfy our standards regarding its quality. In such a case Orazio’s will inform you without delay. In this case, Orazio’s shall refund the whole amount paid by you for the item(s) we are unable to fulfill without delay, but not later than thirty (30) days.

When any defect occurs in our webshop in relation to products or prices, Orazio’s maintains its right to correction. In this case Orazio’s informs you about the new data without delay. You can then confirm your order once again, or any party is entitled to withdraw from the contract.

We may, in our sole discretion, limit or cancel quantities purchased per person. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Orazio’s is not liable for the case when its suppliers do not fulfill or essentially modify their obligations towards Orazio’s. Orazio’s reserves the right to partially or wholly refuse the confirmed orders, after consulting with you.

For further information regarding shipping and return fees, please see our Shipping & Returns Policy.

 

7. Right of withdrawal

You can announce your right of withdrawal within fourteen (14) days of receiving your original order without reasoning. You announce such right in an expressed statement sent to scelsa.orazio@gmail.com within the above fourteen (14) day deadline. 

You shall send back the item to us without delay, but within the initial fourteen (14) days upon delivery. If your order is not applicable for a free return label, then make sure to keep the proof of mailing of the parcel.

The deadlines above shall be regarded as being complied with if you send your statement or the item before the fourteen (14) days has expired. As Orazio’s receives the returned item, a quality control procedure shall take place in order to determine the appropriateness of the returned item. 

Unless your order is eligible for a free return, you will be responsible for return shipping costs. Shipping costs are non-refundable unless the item is defective. We recommend you obtain a proof of postage and use a trackable shipping service or purchase shipping insurance. We are not accepting returns sent via regular post from outside of the EU.

We shall refund the price paid for the returned item once it is received by us. We shall not refund such shipping fee, which was chosen by you and was not in line with our usual shipping method. The refund shall be made in the same way as the original method of your payment was made (PayPal or Credit/Debit card payment).

You will receive a written notification via email that we have received your returned item. Any item returned exceeding the fourteen (14) day deadline will not be eligible for a refund and will be shipped back to the sender.

You are not entitled to exercise the right of withdrawal when the item was prepared especially upon your own instructions, or on your expressed demand, or in case the item was unambiguously personalized to you.

The right of withdrawal cannot be exercised by a non-consumer entity, i.e. an enterprise, namely such entity which acts in the scope of its profession, independent occupation or its business activity.

 

8. Liability for products

Please note, that Orazio’s is not liable for damages resulting from natural amortization, defect or negligent use, abnormal consumption or misuse or any other treatment that is not suited to the product description.

8.1 Liability for defective items (in Hungarian: kellékszavatosság)

In case of defective performance (in Hungarian: hibás teljesítés) you are entitled to make a claim for defective items against us on the basis of the Hungarian Civil Code.

Upon your request, you are entitled to make the following claims:

If a clothing item is defective due to a manufacturing fault, we will offer to repair the item or exchange it. If it cannot be repaired or the same item is not available, you are entitled to a proportional price reduction or to have it repaired it by yourself or a third party and we pay for the repair, or to a full refund (i.e. the purchase price along with the shipping fee).

You are entitled to modify your chosen claim, but you are responsible for the costs imposed by this modification, except it was caused by us.

You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest.

Within the first six (6) months from delivery you shall inform us about the defect and confirm that the item was provided by us. Within such six (6) month deadline there is no other condition to make your claim on the basis of the liability for defective items.

After the expiry of the above six (6) month period, however, you are required to prove that the defect discovered by you has already existed at the date of delivery.

After the expiry of a two (2) year period following the date of delivery, you are not entitled to make any claims on the basis of the liability for defective items.

8.2 Liability for defective products (in Hungarian: termékszavatosság)

If you are a private person purchaser, you shall also have a right to make a claim against Orazio’s for defective products as described in this clause. Please note, however, that under Hungarian law you need to choose between your rights described in clause 8.1 and clause 8.2, i.e. making a claim against Orazio’s because of defective items (in Hungarian: kellékszavatosság) or defective products (in Hungarian: termékszavatosság). You are not entitled to make a claim against Orazio’s on the basis of both clauses.

If a product is defective, you are entitled only to choose to have it repaired by us or require us to exchange the product. You shall inform us about the defect without delay, but within two (2) months from the date of its discovery at the latest. In case of a defective product, you are required to prove the defect of the product. The product is deemed to be defective only if (i) it does not meet the quality requirements applicable by law to the particular product, or (ii) it does not have the characteristics set out in the description of the product delivered by us.

You are entitled to make your claim against us within a two (2) year period following the date of delivery.

8.3 Non-consumer buyers

Please note, that the above provisions set forth in points 8.1 and 8.2 are applicable only to consumers. Consumer is a private person acting out of the scope of his/her profession or his/her business activity. To non-consumer buyers different provisions of the Hungarian Civil Code shall be applied.

9. The complaint handling process

Orazio’s shall seek to achieve a friendly settlement of any complaint you may have through negotiation or any other peaceful means.

Your complaint can be announced orally over the phone or in writing sent to our address. Orazio’s shall inspect the orally communicated complaint immediately and shall be settled when it is necessary. When you are not satisfied with the result, or the immediate settlement is not possible, a protocol shall be prepared. Orazio’s shall answer every written complaint in writing within thirty (30) days from receipt. In case Orazio’s does not accept your complaint, it shall give a reasoning thereof.

The protocol in respect of your complaint shall be retained by Orazio’s for three (3) years.

You can turn with your complaint also to the Hungarian Consumer Protection Authority as follows:

Budapest Főváros Kormányhivatala, V. Kerületi Hivatal, Fogyasztóvédelmi Főosztály
Address: 1051 Budapest, Sas u.19. III. em. Hungary
Telephone number: +36 1 450-2598
E-mail: fogyved_kmf_budapest@bfkh.gov.hu

You can turn with your complaint also to the Hungarian Conciliation Body as follows:

Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina krt. 99.
Telephone number: +36-1-488-2131
Facsimile number: +36-1-488-2186
E-mail: bekelteto.testulet@bkik.hu

The Hungarian Conciliation Bodies are listed at the following link:

http://www.fogyasztovedelem.kormany.hu/node/8579

10. Intellectual property rights

Any invention, discovery, development, design, idea, creation, software, technology, procedure, process, technical material, documentation (hereinafter intellectual properties) relating to the products and services of Orazio’s in any manner are subject to copyright protection, and all or parts of them are the exclusive property of Orazio’s. You do not acquire any ownership of intellectual property when purchasing any of our products or using our services, including but not limited to our website and webshop. By purchasing any of our products or using our services you are not entitled to use any trademark, brand name or logo in relation to such products or services.

Orazio’s reserves the right to every content on the products and services, including but not limited to the website and webshop. It is prohibited to download, to store electronically, to process or to transfer the content on the website or the webshop in whole or in part without the prior written consent of Orazio’s.

11. Data protection

For data protection, please see our Privacy Policy.
 

12. Technical requirements

Hosting service provider: Blaze Arts Kft

In order to be able to use our website and/or our webshop you will need to have at least the following hardware and software.

Software requirements

The list of supported browsers include: Google Chrome, Mozilla Firefox, Apple Safari, Microsoft Edge, Opera, Apple Safari for iOS, Google Chrome for Android.

We kindly ask you to use an appropriate virus scanner and virus killer software.

We cannot guarantee that the website will operate continuously without any interruptions and errors due to the connection to the Internet. We have adopted adequate technical and organisational security measures to protect goods and services on our website, integrity of data, and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of our website, and to avoid unauthorised or unlawful access to such data and information.

13. Miscellaneous

If Orazio’s does not exercise any of its rights derived from this GTC or other policies or legal provisions, such non-exercise shall not be deemed as a waiver of such right.

Any waiver shall be made in writing. When Orazio’s shall not insist strictly on a significant provision of this GTC this shall not imply that Orazio’s renounces its insistence on the strict compliance of such provision.

Orazio’s does not make any particular promises in connection with the goods and services, besides the expressed terms and conditions in this GTC. Orazio’s does not undertake any responsibility for the goods’ and services’ content, functioning, reliability, availability and ability to meet your needs. Orazio’s provides the services on the basis of the principle “as is.”

Orazio’s excludes all forms of warranty to the extent permitted by law. The maximum amount Orazio’s pays for commitments relating to claims that are based on warranties including implied warranties under this GTC is the amount you have paid for the services. Orazio’s is not responsible in any case for reasonably unforeseeable losses and damages.

If any provision of this GTC becomes invalid, unlawful or unenforceable, the other provisions of this GTC shall remain in effect.

We will be happy to give you more information in relation to our goods and services, the operation of our webshop, and the order and shipping procedure of our products. Please feel free to contact us at any time.

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