1. General provisions
1.1. These general terms and conditions of contract (the “GTCs”) govern the general terms and conditions of offer and sale of Products by OneMore S.r.l., with registered office in Egna (BZ) – Largo Municipio no. 40, Tax code and VAT no. 02853670210 (“OneMore” or the “Seller”).
1.2. The GTCs are published on the Website, at the page https://www.one-more.info/en/customer-care/terms-and-conditions.
1.3. The Customer’s request to purchase the Products implies full and unconditional acceptance, without reservation, of these GTCs and Annexes.
1.4. These GTCs and the related Annexes may be amended at any time by OneMore. Any amendments shall enter into force when published on the Website at the page “[•]”, and shall apply exclusively to Contracts concluded after such publication.
1.5. Without prejudice to the above, the sale of Products shall be carried out in accordance with the GTCs in force at the time of purchase. Customers are, therefore, invited to consult the updated version of the GTCs before proceeding with the purchase of Products.
1.6. The clauses highlighted in bold apply exclusively and without exception to Consumers and, in the event of conflict, prevail over the general provisions. For Non-EU Customers/Professionals, only the clauses not highlighted in bold apply.
2. Definitions
2.1. Unless otherwise defined in these GTCs, the terms and expressions used in these GTCs, with an initial capital letter, shall have the meanings assigned to them below:
- Annex: any document accessory and related to these GTCs, more specifically:
- Size change: the replacement of a Product with another Product having identical characteristics (i.e. the same product code and same colour) but a different size.
- Customer: a person who intends to purchase the Products offered for sale by OneMore on the Website.
- Consumer: the Customer, a natural person, acting for purposes outside of their trade, business or profession, who can be defined as a consumer pursuant to and for the purposes of Article 3(1)(a) of the Italian Consumer Code.
- Non-EU Customer/Professional: any Customer who does not fall within the definition of Consumer Customer, including: (i) natural persons who, although acting as consumers, do not fall within the territorial scope of application of the Italian Consumer Code, as they reside or operate in countries to which OneMore does not direct its business pursuant to Article 66-bis of the Italian Consumer Code; (ii) legal persons, associations, and collective entities, even if acting for non-commercial purposes; and (iii) natural persons purchasing the Products from OneMore for purposes related to their trade, business or profession.
- Italian Consumer Code: Italian Legislative Decree no. 206 of 6 September 2005, and subsequent amendments.
- Order Confirmation: the purchase proposal sent by the Customer to OneMore via the Website.
- Contract: the distance sales contract concluded between the Seller and the Customer through the Website.
- Force Majeure Event: any unforeseeable event, act, fact or circumstance, not directly or indirectly attributable to OneMore, which could not have been prevented or limited by exercising the ordinary diligence required by the nature of the business carried out by OneMore, and which makes it objectively and absolutely impossible to fulfil all or part of any of its obligations arising from the Contract. By way of example and without limitation, events or circumstances such as the following constitute Force Majeure Events:
(i) wars or other acts of hostility, including acts of terrorism, sabotage, cyber-attacks, vandalism, theft, riots and civil disturbances
(ii) epidemics and pandemics;
(iii) national and/or local strikes, whether general or sector-specific;
(iv) earthquakes, landslides, overflows, floods, and weather events that result in a declaration of a state of emergency by the competent public authorities or that pose risks to the safety of workers or other, or other natural disasters. - Price List and Costs: the list, periodically updated by OneMore and published on the Website, indicating the prices and shipping costs. The prices indicated in the Price List and Costs are expressed in Euro and include VAT, where applicable.
- Party: OneMore or the Customer, depending on the context; jointly also referred to as the “Parties”.
- Products: the clothing products (each a “Product”) sold by OneMore at retail through the Website.
- Website: the web portal www.one-more.info, owned and operated by OneMore. The offer and sale of Products through the Website constitute a distance sale governed by the Italian Consumer Code, Chapter I of Title III, as amended by Legislative Decree 21/2014, as well as by Legislative Decree no. 70 of 2003, implementing Directive 2000/31/EC on certain legal aspects of information society services, in in the internal market, with particular reference to electronic commerce (the so-called Directive on electronic commerce).
3. Pre-contractual information
3.1. With regards to Contracts stipulated through the Website with Consumers, OneMore shall publish the following pre-contractual information on the Website, also provided pursuant to Article 49 of the Italian Consumer Code.
3.2. The types, characteristics and prices of the Products offered for sale by OneMore are indicated on the Website and can be viewed by the Website user before proceeding with the purchase.
3.3. For each Product displayed on the Website, the following information is available:
(i) Stock availability
(ii) Product price
(iii) Any additional charges payable by the Customer, including shipping costs, as indicated in the Price List and Costs
(iv) Payment, delivery and performance terms and methods
(v) Contact information for communicating with OneMore.
3.4. The user acknowledges that OneMore reserves the right to change the characteristics and prices of the Products, as well as the related information published on the Website, without prior notice.
3.5. Corporate and contact details of OneMore are as follows:
OneMore S.r.l.
Registered Office: Largo Municipio n. 40 – 39044 Egna (BZ)
Tax Code and VAT no.: 02853670210
Tel. +39 0471 1832042
E-mail: contact@one-more.info
Whatsapp: +39 393 2800562
URL: https://www.one-more.info/
3.6. Customers may send communications or complaints to the above contact addresses.
3.7. OneMore shall reply to complaints by e-mail and/or telephone within 30 (thirty) working days of receipt at the latest.
4. Product and price information
4.1. The essential characteristics of the Products are described in the individual product sheets available on the Website.
4.2. The images accompanying the product sheets are for illustrative purposes only and may not be perfectly representative of the characteristics of the Product.
4.3. The Product sale prices are indicated in each Product sheet.
4.4. Prices do not include shipping costs, which are indicated in the Price List and Costs, and shall be calculated and indicated separately in the Order Confirmation summary before the Customer proceeds with the transmission of the order.
4.5. OneMore reserves the right to change the Product prices at any time. It is understood that the price charged to the Customer shall be the one published on the Website at the time the Order Confirmation is sent.
5. Conclusion of the Contract – purchasing restrictions
5.1. The purchase of Products is reserved for individuals aged 18 (eighteen) years or older.
5.2. To conclude the Contract, the Customer must complete the electronic Order Confirmation form and electronically transmit it to OneMore, following the instructions provided on the Website.
5.3. Before sending the Order Confirmation, the Customer must declare that they have read the present GTCs and the Annexes.
5.4. The Order Confirmation form, displayed immediately before the conclusion of the Contract, shall provide summary information on the essential characteristics of each Product ordered, the price (including all applicable taxes and/or duties), and shipping costs.
5.5. Submitting the Order Confirmation implies pressing a button or similar function clearly displaying the words “order with obligation to pay” or an equivalent unambiguous wording indicating that submitting the Order Confirmation entails the obligation to pay the Seller.
5.6. The Contract is considered concluded when OneMore, after receiving the Order Confirmation and verifying the completeness of the data provided by the Customer and the availability of the Product, sends the Customer an e-mail confirming the order placed to the e-mail address indicated by the Customer in the Order Confirmation form. This confirmation e-mail constitutes formal acceptance by OneMore of the Customer’s purchase proposal.
5.7. OneMore reserves the right not to process Orders that are incomplete or incorrect, or in the event of Product unavailability, without incurring any liability. In such cases, OneMore shall inform the Customer by e-mail that the Contract has not been concluded and that the Seller has not processed the Order Confirmation, specifying the reasons.
5.8. OneMore also reserves the right to refuse or cancel requests to purchase Products from parties:
(i) with whom there is an ongoing judicial or extrajudicial dispute;
(ii) who have previously entered into a Contract with OneMore and, in the sole discretion of OneMore, have in any way breached the same, violating its provisions or adopting conduct contrary to good faith and fairness;
(iii) who have been involved in fraud of any kind and, in particular, fraud relating to credit card payments;
(iv) who have provided false, invented, fictitious, incomplete or otherwise inaccurate identification data and/or data that is in anyway untrue or refers to third parties, or have not promptly sent OneMore the documents and data requested by it as part of the payment procedure or have sent it invalid documents, if requested.
6. Payment methods
6.1. The accepted payment methods are indicated on the Website.
6.2. Delivery of the Products is subject to the actual crediting of the price.
6.3. If payment is not successful, the Seller reserves the right to suspend the execution of the Order Confirmation and/or to terminate the Contract pursuant to Article 1456 of the Italian Civil Code.
7. Shipping and delivery of products
7.1. Products purchased on the Website will be delivered, to the address indicated by the Customer in the Order Confirmation, by a leading carrier of proven reliability selected by the Seller.
7.2. Shipping costs are charged to the Customer and the relative amount, calculated on the basis of the Price List and Costs, is clearly indicated in the summary of the Order Confirmation.
7.3. Delivery is considered complete upon handover of the Products to the carrier. From that moment, the risk of loss or damage to the Products for reasons not attributable to the Seller is transferred to the Customer. The Seller shall, therefore, not be liable for any delays, losses or damage occurring after delivery to the carrier.
7.4. For Consumers, the following applies: the Seller undertakes to deliver the Products to the Consumer without unjustified delay, and at the latest within 30 (thirty) days from the date of conclusion of the Contract. If delivery does not take place within this period, the Consumer shall invite the Seller to delivery within an appropriate additional period. If this additional period also expires without the purchased Products been delivered, the Consumer shall be entitled to terminate the Contract, without prejudice to the right to compensation for damages. The Consumer may terminate the Contract immediately without granting the Seller an additional period only if the Seller has expressly refused to deliver the Products, or if compliance with the agreed deadline was considered essential. In such cases, the Customer shall have the right to terminate the Contract immediately. In any case, the risk of loss or damage to the Products will pass to the Consumer only when the latter, or a third party designated by them and other than the carrier, takes physical possession of the Products.
7.5. Upon delivery of the Products, the Customer is required to check that the packaging is intact, undamaged, not wet or otherwise altered. Any damage to the packaging and/or the Product must be immediately reported to the carrier, by writing a written reservation (specifying the reason for the reservation) on the carrier’s delivery document.
8. Replacements
8.1. The Customer may request a Size Exchange within 14 (fourteen) days of receiving the Product by contacting OneMore at one of the addresses indicated in Article 3 above.
8.2. Size exchanges will take place subject to availability and, therefore, only if the Product in the different size requested is available in stock.
8.3. OneMore shall arrange for the collection and replacement of the Product subject to the size exchange at its own expense, promptly informing the Customer of the relevant logistics.
8.4. Unless otherwise agreed in writing between the Parties, the costs of the Size Exchange shall be borne by the Non-EU Customer/Professional. In the case of a Consumer, OneMore shall cover the replacement costs. In any case, any additional delivery costs resulting from the Customer’s choice of a type of delivery of the Product other than the standard type of delivery offered by the Seller shall be borne by the Customer.
8.5. The replacement of a Product with a Product having a different product code or the replacement of a Product with a Product having the same product code but a different colour does not constitute a Size Change. If OneMore agrees to replace the Product even in the cases referred to in this Paragraph, it is understood that, unless otherwise agreed in writing between the Parties, the collection and delivery costs shall be borne by the Customer.
8.6. The Customer is responsible for any diminished value of the Products resulting from the handling of the goods other than what is necessary to establish their nature, characteristics and functioning. Therefore, replacement requests pursuant to this Article cannot be accepted for Products that are damaged or have had their labels and identification tags removed at the time of return. Products must be returned with their accessories and instruction manuals, in their original packaging. In any case, replacement of the Product is excluded for custom-made or personalised Products.
9. Right of withdrawal
9.1. Unless otherwise agreed in writing between the Parties, the right of withdrawal is excluded for Non-EU Customers/Professionals. If OneMore has granted the Non-EU Customer/Professional the right of withdrawal, it is understood that the refund of payments made by the Non-EU Customer/Professional shall be limited to the price of the products, while the delivery costs incurred by OneMore will not be refunded for any reason. In this case, the costs of return shall still be borne by the Non-EU Customer/Professional.
9.2. The Consumer has the right to withdraw from the Contract, without giving any reason, within 14 (fourteen) days. The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the Products.
9.3. The Consumer is liable for any decrease in the value of the Products resulting from handling them in a manner other than that necessary to establish their nature, characteristics and functioning. Therefore, withdrawal cannot be accepted for Products that are damaged or have had their labels and identification tags removed at the time of return. Products must be returned with their accessories and instruction manuals, in their original packaging. In any case, the right of withdrawal is excluded for custom-made or personalised Products.
9.4. To exercise the right of withdrawal, the Consumer is required to inform the Seller of their decision to withdraw from the Contract by means of an explicit statement, to be sent to the contact details indicated in Article 3 above. To this end, the Consumer may also use the withdrawal form attached in Annex A.
9.5. OneMore shall arrange for the collection of the Products subject to withdrawal at its own expense, promptly informing the Customer of the relevant logistics. Alternatively, the Consumer is required to return the Products or deliver them to the Seller at the address indicated in Article 3 above, without undue delay and in any case within 14 (fourteen) days from the day on which they sent their notice of withdrawal. If the Consumer has exercised their right of withdrawal, OneMore shall contact them without delay to agree on the method of returning the purchased Products. In all cases provided for in this paragraph, the direct costs of returning the Products shall be borne by the Consumer. This paragraph shall apply, mutatis mutandis, even if OneMore has granted the Non-EU Customer/Professional the right to withdraw.
9.6. In the event of withdrawal, without prejudice to the provisions of the preceding paragraph, the Consumer shall be reimbursed for all payments made to the Seller upon conclusion of the Contract, including standard delivery costs, where applicable. In this regard, it should be noted that any additional delivery costs resulting from the Consumer’s choice of a type of delivery other than the standard delivery offered by the Seller shall be borne by the Consumer. The refund shall be made without undue delay and in any case no later than 14 (fourteen) days from the day on which the Seller was informed of the Consumer’s decision to withdraw from the Contract. Refunds shall be made using the same means of payment used by the Consumer for the initial transaction, unless the Parties have expressly agreed otherwise.
10. Legal guarantee of conformity
10.1. The guarantee on purchased Products covers only manufacturing defects, and not damage resulting from improper use, wear and tear or negligent maintenance.
10.2. For Non-Consumers, the guarantee for Product defects is governed by Articles 1490 et seq. of the Italian Civil Code. The guarantee is valid for 1 (one) year from delivery. Non-EU Customers/Professionals must report Product defects to OneMore within 8 (eight) days of discovery, under penalty of forfeiture. In any case, the action shall be time-barred 1 (one) year after delivery. In the event of proven defects, the Non-EU Customer/Professional shall be entitled exclusively to the termination of the Contract or a price reduction, at the sole discretion of OneMore, with the express exclusion of any other remedy, including compensation for damages and replacement or repair of the Product. OneMore reserves the right to assess on a case-by-case basis whether to grant further concessions to the Non-EU Customer/Professional, in partial derogation from this Paragraph.
10.3. For Consumers, the Products are covered by the legal guarantee of conformity provided for in Articles 128 et seq. of the Italian Consumer Code, for a period of 24 (twenty-four) months from delivery. The Consumer forfeits all rights if they do not report the lack of conformity to the Seller within 2 (two) months of the date of discovery of the defect. In the event of a lack of conformity, the Consumer is entitled to have the Product restored to conformity, free of charge, by repair or replacement. The Consumer may, at their discretion, ask the Seller to repair the Product or replace it, unless the requested remedy is objectively impossible or excessively burdensome compared to the other. Only as a secondary measure, if such remedies are impossible, excessively burdensome or have not been implemented within a reasonable time, the Consumer may request a reasonable price reduction or termination of the Contract.
10.4. To exercise the right to guarantee, the Customer must send a communication to the contact details given in Article 3, indicating the defect encountered and attaching suitable photographic documentation to support the request.
11. Limitations of liability
11.1. The Customer expressly acknowledges and agrees that they are solely responsible for the accuracy, truthfulness and completeness of the information provided to OneMore when submitting the Order Confirmation form, and that therefore OneMore cannot be held liable in the event of non-fulfilment of the obligations arising from the Contract or any damage suffered by the Customer attributable to inaccuracy, incompleteness, untruthfulness or failure to promptly update the information provided by the latter (such as, by way of example and without limitation, damages resulting from non-delivery or delayed delivery due to the Customer providing an incorrect or incomplete delivery address).
11.2. The Customer also acknowledges and expressly agrees that OneMore may at any time suspend the provision of the services it is obliged to provide under the Contract, without this right being contested as a breach of contract, in the event of a Force Majeure Event. Upon the occurrence of a Force Majeure Event, OneMore undertakes to promptly notify the Customer in writing, stating the reasons, and to identify with the latter, in good faith and where practicable, an agreed solution to the problem that has arisen, which will minimise the damage to the Customer as much as possible. It is further specified that upon the occurrence of a Force Majeure Event, where, due to circumstances beyond the control of OneMore, it is not possible to avoid the occurrence of prejudicial effects for the Customer, OneMore cannot be held liable and responsible for such damages.
12. Applicable law – Jurisdiction – Extrajudicial settlement of disputes
12.1. The Contract is governed by Italian law, with the express exclusion of the rules of private international law.
12.2. Any dispute arising between OneMore and the Non-EU Customer/Professional in relation to the Contract shall be settled exclusively by the Court of Bolzano.
12.3. For any dispute relating to the Contract that may arise between OneMore and the Consumer, the Court of the place where the Consumer resides or has elected domicile in Italy shall have jurisdiction.
12.4. This is without prejudice to the possibility, where the conditions are met, for the Consumer to seek out-of-court settlement of the dispute using the dispute resolution tools recognised by the European Union (the “ODR Platform”) and listed at the following Internet address: https://ec.europa.eu/consumers/odr/main/?event=main.consumer.rights#inline-nav-2. Through the ODR Platform, the Consumer can consult the list of ADR bodies, find the link to each of their websites and initiate an online dispute resolution procedure for the dispute in which they are involved.
12.5. The Consumers residing in a Member State of the European Union other than Italy and Denmark may also have recourse, for any dispute relating to the application, execution and interpretation of these GTCs, to the European Small Claims Procedure provided for by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, the sum of € 5,000.00. The text of the Regulation is available at the following Internet addresses: https://europa.eu/youreurope/business/dealing-with-customers/solving-disputes/european-small-claims-procedure/index_it.htm.
13. Processing of Personal Data and Consent
13.1. The Parties mutually acknowledge that, in the performance of their obligations under the Contract, the Customer’s personal data may be transmitted or otherwise made accessible, including sensitive data, which are relevant pursuant to Legislative Decree 196/2003 (the “Privacy Code”) and Regulation (EU) 2016/679 (the “GDPR”).
13.2. The Data controller of the personal data provided by the Customer for the purposes of performing the Contract is OneMore.
13.3. The processing of personal data by OneMore is governed by the policy available on the web page https://www.one-more.info/en/privacy-policy (the “Privacy Policy”).
13.4. OneMore undertakes to process the personal data received, both in paper and electronic form, exclusively in the manner and for the purposes set out in the Privacy Policy, adopting appropriate technical and organisational measures in order to ensure a level of security suitable for the risks which may affect such personal data and, in any case, always in compliance with the mandatory provisions and security measures set out in Article 32 of the GDPR.
14. Intellectual and industrial property rights of OneMore
14.1. The logos, distinctive signs and all content, information and materials published on the Website are the exclusive property of OneMore and may not be reproduced, either in whole or in part, transferred (by electronic or conventional means), modified, linked or otherwise used for any purpose without the prior written consent of OneMore. Any use in violation of this provision shall not entail the acquisition of any rights and must cease upon request by OneMore.
15. Final provisions
15.1. Should any provision of these GTCs be deemed invalid and/or ineffective for any reason, the remaining provisions shall remain fully valid and effective.
15.2. The Contract represents the entire agreement between the Customer and OneMore with regard to the sale of the Products covered by it.
15.3. The Parties mutually acknowledge that any tolerance by one Party with regard to the other Party’s non-compliance and/or failure by one of the Parties to exercise its rights or powers under these GTCs in the event of breaches and/or non-compliant conduct by the other Party shall in no way constitute tacit acceptance of such breaches and/or non-compliant conduct, nor a waiver of the aforementioned rights or powers.
15.4. Unless otherwise specified, the term “days” shall be understood to refer to calendar days, regardless of whether they are working days or public holidays.
15.5. The official version of this Contract written in Italian. OneMore has provided courtesy translations in English and German. It is understood that, in the event of discrepancies and/or interpretation issues, the official Italian version shall prevail.