General conditions of Sale
1. General provisions
1.1 These general conditions of sale (hereinafter, "General Conditions") govern all sales of ROMEOMONTECCHI products (hereinafter, "Products" or "Product") concluded remotely on the website www.romeomontecchi.it (hereafter, the site").
1.2 The distance selling service governed by the General Conditions is reserved exclusively for consumers (hereinafter, "Customers" or "Clients"); for 'consumers' we mean the physical persons, over 18 years, who act for purposes unrelated to their commercial, entrepreneurial, craft or professional activity.
1.3 The language used for the conclusion of sales contracts through this site is Italian.
1.4 Customers are required to read carefully the General Conditions, available on the Site, in order to get to know them, to memorize and reproduce them. ROMEOMONTECCHI (as defined below) will transmit a copy of the General Conditions to the Customer pursuant to the provisions of article 5.10 of the present General Conditions. The contracts concluded with the Customers will be filed by ROMEOMONTECCHI for the period required by current legislation.
2. Seller identification
2.1 The seller is ROMEOMONTECCHI s.a.s. having its registered office in Via IV Novembre 36, Montecchio Maggiore (VI), Italy, VAT no. 04133200248, the share capital of 10,000 euros, fully paid up ("ROMEOMONTECCHI").
3. Information about the products and their availability
3.1 The information relating to the Products, together with the Product codes and their price, are available on the Website.
3.2 The Products available on the Site represent a selection of items normally available in stores; However, ROMEOMONTECCHI does not guarantee to the Customer that the Products available on the Website are also present in the stores. The graphic representation of the Products displayed on the Website could be different from reality; the Customer must therefore rely solely on the description of the Product and the characteristics of the same on the Site.
3.3 ROMEOMONTECCHI reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified by an automatic message. ROMEOMONTECCHI is not responsible towards the Customer in case of non-availability of a Product if this occurs before the conclusion of the contract.
3.4 The Customer may insert a maximum of three pieces for each Product in the order proposal.
3.5 ROMEOMONTECCHI is in no case responsible for any errors deriving from the failure of the Customer to connect to the Website.
4.1 The price of the Products indicated on the Website is expressed in Euro and includes all applicable taxes or duties. At the price of the Products must be added any delivery costs, which will be indicated separately in the order form, if provided.
4.2 ROMEOMONTECCHI constantly verifies the accuracy of the prices indicated on the Site; nevertheless, the absence of errors can not be guaranteed. In the event that an error should occur in the indication of the price of a Product, ROMEOMONTECCHI will reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is found only after accepting the order, ROMEOMONTECCHI will offer the customer the possibility to cancel the order.
5. Conclusion of the contract
5.1 The Website shows the essential characteristics and the price of each Product. The information on the Site does not constitute an offer by ROMEOMONTECCHI.
5.3 To purchase a Product, the Customer must (i) insert the Product selected in the "Shopping Cart" by clicking on the appropriate button, (ii) complete the order proposal, (iii) select the payment method, (iv ) accept the General Conditions and (v) transmit the order proposal to ROMEOMONTECCHI through the Website.
5.4 The transmission of the order proposal constitutes a purchase proposal related to the selected Product, governed by these General Conditions and binding for the Customer, subject to the right of withdrawal provided for in the next article 10. The transmission of the order proposal by of the Customer entails the latter's obligation to pay the price of the Products ordered.
5.5 Before submitting the order proposal the customer has the possibility to make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustive, the Customer has the right to change the quantity of the Products who intends to purchase by adding or removing one or more Products from the "Cart").
5.7 ROMEOMONTECCHI may, at its discretion, refuse an order proposal within 30 days of receipt of the order. In this case, no amount will be due by the Customer to ROMEOMONTECCHI. ROMEOMONTECCHI may refuse an order proposal, by way of example and not exhaustively, in the following cases:
(i) in case of non-availability of the Products (without prejudice to the provisions of article 3.3);
(ii) in the event that there is an indication, or suspicion, of fraudulent or illegal activities, including the suspicion that purchases are made for commercial purposes;
(iii) in case of non-compliance by the Customer with its obligations deriving from a previous contract concluded with ROMEOMONTECCHI.
5.8 The contract between ROMEOMONTECCHI and the Customer ends when the Customer receives confirmation from ROMEOMONTECCHI of the acceptance of the order proposal ("Order Confirmation"). The acceptance (or rejection) by ROMEOMONTECCHI of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order proposal.
5.9 In case of non-availability of one or more Products ordered, the Customer will be notified by e-mail. In this case, the order proposal is canceled, or accepted only for the Products available. In case of partial acceptance, the Customer is required to pay only the price related to the Products available (if payment is made by credit card, the Customer will be charged only the amount corresponding to the Products available).
5.10 In compliance with the provisions of article 51, paragraph 7, of Legislative Decree n. 206 of 6 September 2005 ("Consumer Code"), the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information on delivery costs, if any , the conditions and modalities for exercising the right of withdrawal (including the indication of the exclusion from the right of withdrawal in the case of personalized products), the indication of an address to which complaints may be filed, information on after-sales assistance services and on the existing commercial guarantees and a copy of these General Conditions.
5.11 After receiving the Order Confirmation, the order can no longer be canceled or modified. The return of the Products already sent must be made in accordance with the procedure set out in the following article 10.
5.12 The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party designated by the Customer and different from the carrier) physically enters the Product.
6. Method of payment
6.1 The Customer may make payment of the fee related to the Products contained in the order proposal and shipping costs by PayPal or bank transfer.
6.2 ROMEOMONTECCHI accepts payments made using the following credit cards made available by third-party services, mentioned above.
6.3 The debit of transactions on the Customer's credit card will be made only after:
(i) the credit card details have been verified;
(ii) authorization has been received to debit the credit card used by the Client;
(iii) the availability of the Product by ROMEOMONTECCHI has been confirmed.
6.4. In some cases (such as for the purchase of Custom Products, which will be reported on the Site before the Customer submits the order proposal) the debit of transactions on the Customer's credit card will be made only after: (i ) the credit card details have been verified; and (ii) the authorization to debit the credit card company used by the Client has been received.
6.5. Except as provided in Article 6.4, no charge will be made on the credit card at the time of transmission of the order proposal, subject to the temporary charge necessary to verify the validity of the credit card. It is understood that, following the order fulfillment, this temporary charge will be canceled and replaced by the charge corresponding to the amount due by the Customer. The temporary charge will also be canceled if the order is canceled.
6.6 Payments can also be made by bank transfer to the following IBAN code: xxxxxxxxx. All costs and expenses (including any fees associated with the bank transfer that may be debited, from time to time, to the Customer by his / her bank) shall be charged to the Customer The payment must be made no later than 7 (seven) working days from the date of Order Confirmation.
6.7 In the event that, for any reason, within the deadline stated in the previous article, it is not possible to charge the credit card for the amounts due by the Customer, or, in case of bank transfer, the funds corresponding to these amounts are not available on the bank account, it will not be possible to execute the contract and the order will be canceled.
7. Transportation and delivery
7.1 The Products purchased will be delivered by courier selected by ROMEOMONTECCHI (hereinafter "Corriere") on working days. The Products will be delivered to the address indicated by the Customer in the order proposal. We do not deliver to PO boxes.
7.2 Except in the case of events of force majeure or unforeseeable circumstances, deliveries will be made within 30 (thirty) days from the date indicated in the Order Confirmation. In case of failure to deliver within the aforementioned term, the Customer may terminate the contract and ROMEOMONTECCHI will have to reimburse without delay all the expenses incurred as a result of the contract.
7.3 At the time of delivery. the Customer (or his delegate) must:
(i) check that the number of packages delivered corresponds to that indicated on the delivery note;
(ii) check that the packaging and its seals are intact, undamaged, not wet or altered in any way;
(iii) sign the delivery document;
(iv) if requested by the Courier, show an identity document.
Any damage to the packaging and/or the Products or the mismatch in the number of packages or indications must be immediately notified in writing on the delivery note of the Courier. Where permitted by current legislation, once the Courier's document has been signed without the Client having raised any exceptions, the Customer cannot make any objection about the external characteristics of the package delivered; it is understood that the Customer may raise objections even later, as provided for by the following article 13, where such objections are to the Products.
7.4 The delivery costs, if foreseen by the Customer, will be highlighted separately in the order form.
8. Confirmation of delivery and delivery
8.1 ROMEOMONTECCHI will send the Customer an e-mail confirming shipment after the shipment of the Products, as well as a second e-mail confirming the delivery of the same.
9. Packages or packagings
9.1 The Products purchased on the Website are delivered using the normal packaging used in ROMEOMONTECCHI stores.
10. Right of withdrawal
10.1 Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his delegate upon receipt of the Products) enters materially in possession of the Products themselves or, in case of shared delivery, from the day on which the Customer physically enters the last Product.
10.2 To exercise the right of withdrawal, the Customer must send by e-mail or traditional mail within the deadline set in the previous article 10.1:
- the withdrawal form attached here, duly completed and signed;
- a communication that highlights the Customer's intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; this communication must contain the following information: (i) indication of the Product for which the Customer wishes to exercise the right of withdrawal; (ii) order number and (iii) in the event that the Customer has purchased the Products by making the payment by bank transfer, the IBAN code of the Customer on which the refund must be made. The communication must be sent to the following address:
Support - ROMEOMONTECCHI s.a.s.
Via IV Novembre, 36
36075 Montecchio Maggiore (VI) - Italia
c.a. Assistenza alle vendite online (Online Sales Assistant)
10.3 Within 14 (fourteen) days of the notice of withdrawal (transmitted in accordance with the previous article 10.2) the customer must return the purchased products to ROMEOMONTECCHI sending them to the following address, choosing the shipping method most appropriate to the value of the Products: ROMEOMONTECCHI s.a.s. , Via IV Novembre 36, Montecchio Maggiore (VI), Italy. Unless otherwise indicated on the Website, the costs for returning the Products to ROMEOMONTECCHI are charged to the Customer. Products must be returned intact, unused, undamaged and with labels still attached. In case of depreciation of the Products, due to a manipulation of the same that is not strictly necessary to verify the nature and characteristics, ROMEOMONTECCHI reserves the right to refuse the reimbursement of the Products.
10.4 ROMEOMONTECCHI will reimburse the sums paid by the Customer, including any reasonable delivery costs, within 14 (fourteen) days from the date on which ROMEOMONTECCHI has received the Products returned by the Customer or from the time the Customer provides proof of having sent the Products back, whichever situation occurs first. This reimbursement will be made by ROMEOMONTECCHI with the same payment methods used by the Customer for the initial transaction unless otherwise agreed between the parties and on condition that the Customer does not have to incur additional expenses in respect of such reimbursement.
10.5 Products purchased on the Site may be returned within the deadline specified in article 10.1.
11. Customized products
11.1 In compliance with the provisions of article 59, paragraph 1, letter c) of the Consumer Code, as defined below, the right of withdrawal does not apply to orders relating to customized products such as, but not limited to, the Products on which the customer's initials are engraved and the Products made based on the specific indications provided by the Customer on the Website.
12. Replacement of products
12.1 Without prejudice to the rights of the Customer as provided for by articles 10 and 13 of these General Conditions and excluding custom Products referred to in Article 11, ROMEOMONTECCHI recognizes the Customer the possibility of replacing the Products purchased on the Site. For this purpose, the Customer will:
(I) upon receipt of the Products, contact ROMEOMONTECCHI by e-mail at the address: firstname.lastname@example.org;
(II) afterwards, fill in the form received and send it together with the Products you intend to replace, clearly indicating the code and the size (as indicated on the Website) of the new Products you wish to receive;
(III) no later than 14 (fourteen) days from the date on which you received the Products, send them to ROMEOMONTECCHI, in the original state in which they were at the time of receipt (avoiding unplugging the labels), together with the indicated form to the previous article 12.1 (II). Unless otherwise indicated on the Site, the delivery costs related to the return of the Products are charged to the Customer.
12.2. Products must be returned intact, unused, undamaged and with labels still attached. In case of depreciation of the Products, due to a manipulation of the same that is not strictly necessary to verify the nature and characteristics, ROMEOMONTECCHI reserves the right to refuse the replacement of the Products.
12.3 ROMEOMONTECCHI will reimburse the amount paid by the Customer with the same payment methods used by the Customer for the purchase, no later than 14 (fourteen) days from the receipt by ROMEOMONTECCHI of the returned Products.
12.4. ROMEOMONTECCHI will accept to make the substitution after checking the availability of the Products requested in substitution.
12.5. The replacement will be processed by ROMEOMONTECCHI with the same procedures used for each new order, and will therefore apply the same terms and conditions applied to the initial order of the Customer as provided by these General Conditions. In particular, if the Products that the Customer intends to replace have been paid by credit card, ROMEOMONTECCHI will proceed first to reimbursement of the price originally paid, then to debit the price of the Products requested in replacement following the procedure described in Article 6.3. In case of payment by bank transfer, if the price of the products requested in replacement is the same as those initially purchased, ROMEOMONTECCHI will retain the sum initially paid by the customer for the latter. In case of price difference, this will be paid by ROMEOMONTECCHI to the Customer, if in default; on the contrary, if in excess, ROMEOMONTECCHI will ask the Customer to pay this difference.
13. Defects of conformity
13.1 Should the Products sold by ROMEOMONTECCHI be subject to production defects or any presumed lack of conformity, the Customer will be required to contact the online assistance, by e-mail or by post, at the addresses indicated below:
Support - ROMEOMONTECCHI s.a.s.
Via IV Novembre, 36
36075 Montecchio Maggiore (VI) - Italia
c.a. Assistenza alle vendite online (Online Sales Assistant)
13.2 The sale of the Products is subject to the legal guarantees provided by articles 129, 130 and 132 of the Consumer Code. Pursuant to these regulatory provisions, the Customer has the right to obtain total restoration of the conformity of the property, by means of, at his option, repair or replacement, and at no cost to him. In the event that one of these remedies is objectively impossible or excessively burdensome with respect to the other, as provided for in Article 130, paragraph 7, of the Consumer Code, the Customer may obtain a reasonable reduction in the price of the Products or alternatively , the termination of the contract. The Customer, forfeits such rights, if he does not report to ROMEOMONTECCHI the presumed lack of conformity within the term of 2 (two) months from the date on which he discovered this defect. In any case, the action aimed at asserting an alleged lack of conformity, is prescribed by law within the term of 26 (twenty-six) months from the date on which the Products have been delivered to the Customer.
13.3 In the event that the Customer requests the repair or replacement of the Products, due to an alleged lack of conformity of the same, within the terms set out in this Article 13, delivery costs for the return to ROMEOMONTECCHI of the Products to be repaired or to be replaced, as well as all costs for returning the repaired or replaced Products to the Customer, will remain the sole responsibility of ROMEOMONTECCHI.
14. Guarantee of authenticity and intellectual property rights
14.1 ROMEOMONTECCHI guarantees the authenticity of all the Products purchased on the Site. The "ROMEOMONTECCHI" branded products are made with Italian materials, are packaged by Italian artisans and are all rigorously and integrally MADE IN ITALY.
14.2 All the "ROMEOMONTECCHI" brands, the figurative and/or form trademarks, present on the Products, the relative accessories and/or packaging, as well as all the illustrations, images and logos protected by copyright, and, more generally, all the intellectual property rights relating to the Products are and will remain the exclusive property.
15. Applicable law and jurisdiction
15.1 These General Terms and, consequently, the contracts concluded with the Customers, are governed by Italian law (in particular, the Consumer Code and Legislative Decree No. 70 of April 9, 2003, "E-commerce Decree") and must be interpreted based on it.
15.2. Disputes arising from the interpretation, validity and/or execution of these General Conditions shall be devolved to the jurisdiction of the judge of the place of residence or domicile of the Customer.