The offer at sale of products made on the website www.rossanaorlandi.com is governed by these General Terms and Conditions of Sale.
- Seller: Seller means Rossana Orlandi S.r.l., having registered office in Milan (Italy) via Matteo Bandello no. 14/16, VAT no. 05697150961;
- Customer: Customer means any natural or legal person who buys one or more goods / products available on the website above. If the Customer is a natural person acting for the purposes which are outside the trade, business or profession he may carry out, he is regarded as a consumer;
- Consumer: Consumer means a natural person who is acting for purposes outside the trade, business or profession he may carry out;
- Customer’s information: Customer’s information means all the personal data regarding the Customer (such as name, surname, company’s name, domicile or registered office, VAT number, address where the goods / products are required to be delivered, email address/ telephone number);
- Products: Products mean the goods purchased in accordance with these General Terms and Conditions;
- Order: any request of purchasing Products made by a Customer through the website and in accordance with these General Terms and Conditions of Sale;
- Order Summary: order summary means the form which lists all pertinent order information, such as goods / products ordered, Customer’s information, the price of the ordered goods, the shipping costs and any additional charges, the procedure and the terms of payment, and the address and telephone number where the goods / products are to be delivered and the estimated time of delivery.
- Withdrawal form: withdrawal form means the form which the Consumer may use to exercise his right of withdrawal agreed by the law.
- By submitting an order on the said website the Customer (if he is a natural person) guarantees to have reached the majority age in the Country where he is domiciled and/or where the Products are to be delivered and has the legal ability to enter into a binding contract.
- The Customer is obliged to provide correct data regarding himself and the address and telephone number where the Products are required to be delivered. The Seller is released from any liability arising out or in connection with the provision by the Customer of incorrect data, included the issuance of incorrect tax documents and the mis-delivery of the Products.
- The Customer is prevented to enter false and/or invented and/or imaginary names during the purchasing process and in the additional communications. The Seller reserves the right to prosecute any violation or abuse that may arise from.
3.Mode of Acquisition and Conclusion of the Contract.
- The purchase of any Products showed under the “STORE section” of the website takes place once the Product has been selected by pressing the button “Buy now”. To complete the Order the Customer has to:
- to press the confirmation button after having reviewed the printable Order Summary, which lists all the pertinent order information, such as the Products, the Customer’s Information, shipping costs and any additional charges, and the estimated time of delivery;
- perform the payment of the price and of the shipping costs and additional charges mentioned in the Order Summary, according to one of the methods listed under par. 7
The sale becomes binding and effective between the parties, once the Seller, having received the payment in accordance with par. 3.1.2 above, confirms the Order contained in the Order Summary.
- With regard to Products showed under “GALLERY Section” of the website, the Customer shall click on the button “Request info” and shall send an email to the Seller with the information he requires on the Products (including shipping information and associated costs). The sale is concluded once the parties have expressed their written consent over all the details of the Order. Failing the parties to express their consent in writing, no contract shall be considered as concluded, and no obligation will arise for the parties. Once the Order is agreed, the Customer shall execute the payment of the price and of the outstanding associated costs (such as shipping and insurance costs, duties etc. which may have been mentioned in the Order Summary), by one of the methods listed under par. 7 below. It is agreed that until the Customer does not execute the payment, the Seller shall not ship the Products, and failing the Customer to execute the payment within 5 working days since when it is confirmed, the Order shall cease to have any effect and will be considered as null and void.
4.Availability of the Products – Images and Designs.
- Should the Products shown on the website be no longer available for sale after the Order’s confirmation, the Seller shall notify the Customer in a timely manner, and, in any case, within 30 days after the Order’s confirmation. In this case, any amount paid by the Customer’s will be released by the Seller, using, at his option, the same Customer’s means of payment, or the bank transfer on the bank account provided by the Customer, unless the Customer agree to receive other Products chosen between those available, or a voucher for future orders.
- Products are made with artisanal methods and may present different features from the models shown on the website. Moreover images on the website have only the aim to recognize the Products, have exclusively an illustrative character and they and must not be understood as an exact representation of the Product. Therefore the Seller shall not be responsible for any different feature of the delivered Products compared to the models and the images shown on the website.
- Design of Products may be protected by patents, trademarks and other intellectual property rights of the Seller and/or of third parties. The Customer undertakes not to infringe these intellectual property rights and undertakes to indemnify and hold the Seller harmless from any damages, costs (including legal fees) whatsoever arising out or in connection with such an infringement.
5.Packing, Delivery and Shipping.
- Products are duly packaged, in accordance to their specific forms and characteristics, and may be wrapped in a protective film. The Seller is not responsible for the waste of the packaging and films.
- Unless otherwise agreed by the parties, the Products are sold at the condition “Delivery Duty Paid” (Incoterms 2010). The Seller shall arrange the shipment of the Products to the destination required by the Customer in the Order Summary, shall pay the costs associated with the transporting of the Products (including the packaging costs), and the insurance against the risk of loss or damage during the transport (which the Seller undertakes to enter into). For deliveries outside European Union, import taxes and or customs fee may apply. All the shipping costs are quoted in the Order Summary and are charged onto the Customer, who shall pay them together with the price.
Eventual import taxes and custom duties shall be communicated by the carrier (or its custom agent) to the Seller and to the Customer. The Seller shall pay these duties, and the Customer shall refund them before the delivery of the Products. The Seller shall be entitled to hold the Products until the Customer has paid also these duties. In case of delay in refunding the duties, all the associated costs shall be borne by the Customer.
- The Seller shall provide the name of the carrier and the tracking number of the Products’ shipment, so to allow the Customer to track and trace the status of the shipment on the carrier’s website. Deliveries of Products takes place from Monday to Friday (excluding Saturday, Sunday and public holidays) to the place of destination required in the Order Summary. If the delivery attempt fails (absence of the recipient, incorrect / incomplete address etc.) the Products will be stored by the carrier and the Customer will be responsible for all associated costs, including storage costs, arising from the long idling of the Products, and shall take over all the risks of loss or damage thereto. The Customer shall agree directly with the carrier the new date of Products delivery: the place of delivery shall remain unchanged.
- The time of delivery provided in the Order Summary or elsewhere has to be considered as an estimated time of delivery, which may vary upon different reasons (including Customs Operation in the Country of destination) and which are not binding for the Seller, who therefore shall not be responsible for any delay in delivery.
- Any damage to the packaging or to the Products occurred during the carriage needs to be denounced immediately on the receipt of the Products, and noted on the waybill transport documents (waybill). The uncontested signing of the transport document by the Customer relinquishes any later claim regarding visible damages.
- The Seller shall provide the Customer with the details of the cargo insurers, the copy of the insurance certificate and shall grant his support in order to allow the Customer to submit his claims for loss or damages to cargo insurers. Claims must be submitted to the cargo insurers within the deadline provided in the insurance certificate.
- The Customer, at his option, may pick up the Products at the premises of the Seller, or may arrange the shipment on his own. In this case the Seller shall be liable only for the packaging of the Products, and the relative costs shall be borne by the Customer. The Customer shall be responsible to provide the Seller with the tracking number of the shipment, in order to allow the Seller to check the effective exportation of the Products.
- Prices for all Products on the website are in EUR, and constitute a public offer as per art. 1336 of Italian Civil Code.
- There are 2 prices on the website: one including VAT and one not including VAT. The purchase prices do not include shipping, crating and insurance charges, as well as import duties and customs fees are quoted separately in the Order Summary and are to be paid by the Customer together with the price. The shipping costs vary depending on volume, weight and destination. All additional costs, such as taxes, duties or other charges imposed by the Customer country’s law have to be fully paid by the Customer upon notification by the carrier and/or by the Seller.
- The Prices and Shipping costs indicated on the website may be varied at any time.
- Available methods of payment are listed on the Order Summary. The Customer can choose from the following methods:
- Credit Card (Visa, Mastercard, American Express …..);
- Prepaid Card;
- Bank transfer on the following bank details: IBAN Code IT97K0542801602000000089009 Swift Code BLOPIT22
- When paying by credit card or prepaid card the purchase price as well as the additional costs (shipping costs, taxes, customs fees etc.), which are listed in the Order Summary, will be charged as soon as the Order is confirmed.
- All payments details necessary will be encrypted and processed through a secure connection. The credit card / prepaid card information is transmitted directly to the Bank which executes the payment using a secure server in order to ensure the highest security of the transaction. The credit card / prepaid card information are not available to the Seller or any third party, neither at the time of ordering, nor at the later date.
- When paying by bank transfer, the Customer will have to provide the Seller with the receipt issued by the Bank confirming that the bank transfer has been duly processed.
The Seller shall issue an invoice on the basis of the Customer’s information provided in the Order Summary.
9.Right of withdrawal.
- If the Customer is not a Consumer, he will never be entitled to withdraw from the Order.
- If the Customer is a Consumer, he has the right to withdraw from the Order within fourteen working days starting from the date when the Products are delivered, without any cost (excluding the immediate costs to return the Products, which shall be borne by the Customer). In this case the Products must be packed in their original packaging and shipped through the carrier chosen by the Seller. In accordance with art. 59 par. 1 lett. c) of Decree 206/2005, the right of withdrawal is excluded for tailor made or personalized Products.
- In order to exercise the right of withdrawal, the Customer must inform the Seller of his decision through an unequivocal written statement to be sent via registered letter with return receipt, after a prior notification via email. The Customer may use the attached Withdrawal Form, available on the website.
- The Customer must return the Products within 14 working days at the latest from the date on which he notified his withdrawal.
The Customer who exercised the right of withdrawal is entitled to be refunded of the full amount paid to the Seller (price and additional costs) within 14 working days after the Products have been returned in good order. For this refund the Seller shall use, at his option, the same means of payment that the Customer used for the original transaction, or bank transfer on the bank account provided by the Customer. The Seller may refuse the refund until the Products have been returned to him and checked in accordance with the following paragraph.
- The right of withdrawal can be exercised by the Customer under the following conditions:
- The Products must not have been used. The film wrapping the Products (where employed) must not be removed. If the film is removed, the Products are assumed to be used;
- The Products must be undamaged and with the complete original packaging (including cardboard, labels etc.);
- The right of withdrawal applies to the entire Products, and not to part of them;
- The Seller is entitled to check the Products upon receipt of his premises. If the Products result to be used, whether or not the film is removed, damaged and not properly packed, the withdrawal shall be considered as unfair, and no refund shall be due by the Seller. The Customer may therefore require to ship back the Products at his own costs and risks.
- Upon receipt of the Customer’s withdrawal, and provided that the conditions laid down under the paragraphs above of this article are fulfilled, the parties are released from their mutual obligations arising from the Order.
10.Warranties and Claims for defective Products.
- The Products are sold free of defects that make them unsuitable for the use which they are intended to be, or which may appreciably decrease their value, with the qualities essential for the purposes they are destined, and are covered by legal warranties.
- If the Customer is not a Consumer, he will be held to notify in writing any defect or lack of essential quality of the Products within 8 days from the delivery, or within 8 days from their discovery, if and to the extent that they could not be noted during the routine inspection at the delivery. The denunciation of any defect or lack of quality must be accompanied by photographs of the alleged defect or lack. Denunciations which are not accompanied by photographs will not be taken into any account. Failing to denounce the defects within the said deadlines, any warranty action against the Seller shall expire.
- If the Customer is not a Consumer, he may require, alternatively, (i) the reduction of the price, or otherwise (ii) the repair or replacement of the Products: in this case the shipping costs to return the defective Products and to ship back the repaired or replaced ones shall be borne by the Seller; or (iii) the termination of the order (which can be exercised upon the same conditions set forth under art. 9.4 and 9.5), unless it is excluded by the usages, or it is objectively impossible or excessively expansive for the Seller. Any compensation for the damages arising from the defects or lack of essential qualities is excluded.
- If the Customer is a Consumer, he will be held to notify in writing any defect or lack of essential quality of the Products within 2 months from the date when they were discovered. The denunciation of any defect or lack of quality must be accompanied by photographs of the alleged defect or lack. Denunciations which are not accompanied by photographs will not be taken into any account. In case of defects or lack of quality the Customer is entitled alternatively and without costs (i) to the repair or replacement of the Products, or otherwise (ii) to a reduction of the price or to the termination of the order, unless the required solution is objectively impossible or excessively expansive for the Seller as provided by art. 130 4° paragraph of Decree 206/2005. The Seller is liable for any defect or lack of essential quality which arises within 2 years from the delivery of the Products. Any compensation for the damages arising from the defects or lack of essential qualities is excluded.
In case the Customer opts for the repair or replacement of the Products, the defected ones must be shipped back through the carrier chosen by the Seller.
- Whether or not the Customer is a Consumer, in the event that the returned Products are free of defects or have the claimed essential qualities, the Seller shall ship them back to the Customer at his costs and risks.
11.Privacy: Protection of Confidentiality and Processing Customer’s data.
- The Seller guarantees that data processing complies strictly with the requirements of privacy regulations (Decree no. 196/2003). In accordance with art. 13 of Decree 196/2003 the Seller provides the Customer with the following information:
- The data controller is Rossana Orlandi S.r.l.;
- The person in charge of data processing is Rossana Orlandi;
- Personal data are collected for the following purposes: (i) to record the Order, (ii) to enable the procedures necessary for the execution of the Order and the required communications, (iii) to fulfill any legal requirements, and (iv) to allow an effective management of the business relationship, to the extent necessary to perform the best service required.
- Personal and fiscal data provided by the Customer are collected and processed in computer and remote form. The Seller shall process any data and information provided by the Customer confidentially and shall not disclose them to unauthorized parties, nor use them for the purposes other than those for which they were collected or submit them to third parties. Such data may be disclosed, after signing the undertaking of confidentiality, only to third parties who carry out the activities necessary for the proper execution of the order, and only for that purposes.
- The communication of the personal data by the Customer is a condition for the proper and timely execution of the Order. Failing to provide personal data, the Customer’s request cannot be executed.
- The Customer has the rights pursuant to art. 7 of Decree 196/2003.
12.Applicable law and jurisdiction – severability.
- The Order and these General Terms and Conditions of sale are governed by the law of Italy.
- Any disputes arising from the order and from these General Terms and conditions shall be exclusively decided by the Court of Milan (Italy), if and to the extent that the Customer is not a Consumer, whereas, if the Customer is a Consumer, disputes will be decided by the Court of the place where he is resident or domiciled.
- Should a clause or part of a clause of these General Terms and Conditions be deemed invalid, all other clauses will remain fully valid and effective.