GENERAL TERMS AND CONDITIONS OF ONLINE SALE
General terms and conditions of sale of Rudy Project Spa based in Via Benedetto Marcello 44, 31100 Treviso (TV) Tel. 0422 433011, VAT No. 02043750260, REA TV-186565, email: email@example.com, hereby represented by its current legal representative (hereinafter, “Vendor”);
• the Vendor manages the sales of Rudy Project brand products through the www.rudyproject.it website (hereinafter, "Website");
• the Website is primarily for marketing and for business transactions between business and consumers (B2C);
• "General Terms and Conditions of Online Sale" refers to the purchase and sale contract of the Vendor’s consumer goods drawn up between him and the Purchaser by means of a Vendor organized remote sales system;
• all the distinctive and intellectual property signs of the Website are the exclusive property of Rudy Project Spa;
• these terms and conditions govern online sales by Rudy Project Spa to the Purchaser, while the latter expressly declares that the purchase is for purposes unrelated to his business or professional activity, if any;
• the above is an integral and substantial part of this contract;
the following is agreed:
1. Object of the contract
1.1 The object of these general terms and conditions, made available to the Purchaser for his records according to Art. 12 of Legislative Decree 70 of 9 April 2003, is the remote purchasing of products by electronic means through the website belonging to the Vendor, based in Via Benedetto Marcello 44, 31100 Treviso (TV) Tel. 0422 433011, VAT number 02043750260, REA TV-186565, email: firstname.lastname@example.org.
1.2 With this contract, the Vendor sells and the Purchaser purchases remotely the products shown and offered for sale on the Vendor's Website, i.e. sports/outdoor goods and products.
1.3 The main features of the products referred to in the previous point are illustrated and described on the Website, each of them with an overall presentation that is faithful, truthful, correct and not deceptive. However, please note that, due to technical limitations, the images of products on the Website may not be fully representative of their features.
2. Acceptance of the terms and conditions of sale
2.1 The Purchaser shall issue all purchase orders according to one of the following methods: prior registration on the Website and entry of ID and PW with access to a reserved area via secure protocol followed by completion of the purchase procedure as instructed. It is strictly forbidden for the Purchaser to enter false and/or invented and/or fictitious data in the electronic registration form; personal data and email must be his own and not fictitious or those of third parties, unless the Purchaser is buying on behalf of third parties, in which case the shipment recipient’s data may not be the same as the Purchaser’s. Therefore, the Purchaser assumes full responsibility for the accuracy and truthfulness of the data entered in the electronic registration form to complete the purchasing process. The Purchaser indemnifies the Vendor from any responsibility deriving from the issuing of incorrect tax documents due to errors in the data provided by the Purchaser, who is solely responsible for their correct entry.
2.2 The Purchaser must examine these general terms and conditions of sale online before completing the purchase procedure. Therefore, the Purchaser’s issuing of a purchase order implies his full knowledge and acceptance of said terms and conditions.
2.3 With the electronic transmission of a purchase order confirmation, the Purchaser unconditionally accepts and undertakes to observe the Vendor’s general and payment terms and conditions illustrated below, declares to have read them, accepts all his instructions in accordance with the aforementioned regulations and acknowledges that the Vendor is not bound by any other terms and conditions, unless previously agreed in writing.
2.4 The terms and conditions of sale must be accepted through the exact compilation of all the electronic form sections, following the instructions on the screen.
3. Purchase methods and sale prices
3.1 The Website product sale prices (hereinafter, "Sale Prices") are shown in Euro. The Sale Prices of each product will be clearly shown on the Website as well as how to calculate the total purchase price. Please note that the total purchase price (hereinafter "Final Price") will be the sum of the Sale Price plus shipping and delivery costs, with the Vendor assigning couriers and/or shipping companies. In compliance with the provisions of Art. 51.2 of Legislative Decree 206/2005 as amended pursuant to Legislative Decree 21/2014 ("Consumer Code"), the Purchaser declares to be aware of the fact that issuing a product purchase order implies the obligation to pay the Final Price. Part or all of a payment of sums owed to the Vendor may also be made through vouchers, coupons or other suitable means issued by the Vendor and/or Vendor authorized third parties, while the Vendor retains the right to verify the validity of said means. Given the above, upon clicking on the "Proceed to Checkout" button, the Purchaser carries out and agrees to the following: - confirming acceptance of the sale in question; - confirming the shipping and delivery methods chosen by the Purchaser; - issuing the purchase order with the selected quantity; - the arising obligation to pay the Final Price to the Vendor.
3.2 Sale Prices and Final Prices include VAT and any other applicable tax and fee.
Unless otherwise specified and except in the case of special Vendor promotions, the shipping costs included and specified in the Final Price are always to be paid by the Purchaser. The Final Price is in any case calculated before the Purchaser is requested to confirm the order by clicking on the "Proceed to Checkout" button, in accordance with the provisions of Art. 3.1 above.
3.3 After checking the availability of the product selected by the Purchaser, the Vendor shall formally confirm the order received by means of an email and only from then on shall the Vendor’s sale and delivery obligations pursuant to this contract have effect.
3.4 The Purchaser expressly acknowledges that the Vendor has the right to confirm the order only partially (for example, in the case in which not all products ordered are available). In such case, the contract will be considered to have been executed only as far as the goods that are actually available and confirmed.
4. Conclusion of the contract
4.1 The Contract made through the Website is concluded when the Purchaser receives the formal order confirmation via email, in accordance with Art. 3.3 above, by which the Vendor accepts the order sent by the Purchaser and informs him that he can proceed with it. Therefore, the Purchaser undertakes to print and keep a record of these general terms and conditions–which, at any rate, he will have already viewed and accepted as a mandatory step in the purchase procedure–as well as of the purchased product specifications, in order to fully meet the condition set out in Legislative Decree 206 of 6 September 2005.
4.2 The Contract is concluded at the Vendor's registered office location. Without prejudice to the unexpected impossibility to provide service for reasons not attributable to the Vendor and/or the occurrence of temporary technical malfunctions of the Website’s software or purchasing system that may show unavailable products as available, the Vendor undertakes to supply the selected products upon receipt of the Final Price payment due under this contract.
5. Payment methods
Without prejudice to the Vendor’s right to add and implement other payment methods in the future and thus provide even better service to his Website users, the Purchaser acknowledges and agrees that–as of the sale date of the products covered by this contract–he shall pay either by: A) online with a Visa or MasterCard credit card. The purchase amount will be held and reserved from the Purchaser's credit card account at purchasing time and then charged at shipping time. Please note that your bank may request that you enter a PIN code or password at the time of payment with Visa or MasterCard. If you do not know your PIN or password, please contact your bank; or B) online through PayPal. The purchase amount will be held and reserved from the Purchaser's available funds at purchasing time and then charged at shipping time. Please note that PayPal may request that you enter a PIN code or password at the time of payment. If you do not know your PIN or password, please contact your bank;
6. Delivery methods
6.1 The Vendor shall deliver to the Purchaser the products ordered, at the address provided in the purchase order, using the methods described in the previous articles, by means of Vendor assigned couriers and/or shipping companies. The delivery shall be made immediately after the Vendor receives the Final Price payment, as specified in the confirmation email that will be sent to the Purchaser and in any case within 30 (thirty) days from this contract’s conclusion date.
6.2 Should the Purchaser be unavailable at the time the goods are delivered, a note will be provided with instructions on how to contact the courier or shipping company for redelivery arrangements. The Vendor shall not be held responsible for any delay or non-deliveries and/or any additional costs incurred by the Purchaser due to his providing an incorrect or incomplete address.
6.3 Upon receiving the goods, the Purchaser is required to check the conditions of the package and products, making sure that the product delivered is the same as the one he ordered, and to immediately report any tampering or damage found on the package and products. In any case, the Purchaser should inform the Vendor of any issues in connection to receiving the products, so as to allow the Vendor to carry out better quality controls of the services rendered–by him directly and/or via third parties–in accordance with this contract.
7. Limitations on liability
7.1 The Vendor assumes no responsibility for the delay in the delivery or non-delivery of the goods due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events preventing contract execution, in whole or in part, according to the schedule agreed upon.
7.2 Except in cases of wilful misconduct or gross negligence, the Purchaser cannot hold the Vendor liable for disservices or malfunctions connected to the use of the Internet that are beyond the Vendor’s control.
7.3 The Vendor shall not be liable to any party or third parties as far as damages, losses and costs incurred as a result of the failure to execute the contract due to the aforementioned causes, the Purchaser being entitled only to the refund of any price paid.
7.4 The Vendor assumes no responsibility for any fraudulent and illegal use of credit cards and other payment means carried out by third parties at product payment time, provided that he proves he has taken all possible precautions based on the best knowledge and practices available at the time and used ordinary diligence.
8. Customer assistance and warranties
In case of questions, complaints or suggestions, the Purchaser can contact the Vendor at email@example.com, or the Customer Service telephone number or address found on the Website "CONTACTS" section. As for conformity defects, Legislative Decree 206 of 6 September 2005 regulations shall apply, which means that the Vendor shall be liable for the duration of two (2) years from the delivery of the goods as to any conformity defects or flaws existing at the time of delivery. Defects must be reported within two (2) months of their discovery, otherwise the Purchaser will lose his warranty right. The warranty applies only to the products specified by Legislative Decree 206 of 6 September 2005.
9. Vendor’s return policy / Right of withdrawal pursuant to Legislative Decree 206/2005
9.1 Without prejudice to the separate warranties for any conformity defects or flaws of products referred to in Art. 8 above, the Purchaser shall in any case have a right of withdrawal from this contract, to be exercised according to the deadlines provided in Art. 10.1 below and recognized only for the products specified by Legislative Decree 206 of 6 September 2005. In the event that the Purchaser decides to return products using this right of withdrawal, he must notify the Vendor by the deadline specified in Art. 10.1 below, using either the standard withdrawal form in accordance with Annex I Part B of Legislative 21/2014 or the procedures specifically provided by the Customer Service or yet by submitting any other explicit declaration of his decision to withdraw from the contract.
9.2 Pursuant to this Article, the burden of proof for the right of withdrawal rests with the Purchaser. The shipping costs for returns are always to be charged to the Purchaser, unless the Vendor, at his sole discretion and opinion, makes a different decision. The parties shall hold as valid the delivery date to the post office or to the shipping company.
9.3 For the Purchaser to be entitled to full reimbursement of the price paid, the goods must be returned intact or with the only possible decrease in value resulting from the necessary verification of their nature, features and functioning made by the Purchaser at the time he received them. Please note that the foregoing must be the sole and exclusive operation to be carried out by the Purchaser for verification purposes. Any excessive or in any case useless manipulation of the goods carried out by the Purchaser for verification purposes shall not lead to the full repayment of the price paid, which shall therefore be reduced proportionally to the reduction in value.
9.4 The Purchaser cannot exercise the right of withdrawal for the purchase contracts of customized or clearly personalized goods or which, due to their nature, cannot be returned or are liable to deteriorate or alter rapidly.
9.5 Pursuant to this Article, the only costs payable by the Purchaser to return the products and exercise the right of withdrawal are the actual direct costs of returning them to the Vendor.
9.6 The purchaser who exercises the right of withdrawal in accordance with the provisions herein shall be reimbursed the sums paid for the purchase of the product only, therefore excluding any possibility of reimbursement of the shipping costs and any additional expenses.
10. Vendor's return policy / Right of withdrawal deadlines
10.1 The Purchaser has the right to return the products, without any penalty and without specifying the reason, simply by notifying the Customer Service, within 14 (fourteen) days starting from the day of receipt by the Purchaser–and/or third party specified by him and in any case other than the courier and/or shipping company–of the last of the products purchased with this contract. The aforementioned deadline must be understood as a minimum, as the Vendor may decide at any time–and at his own discretion–to extend the deadline for the Purchaser to return the products. Finally, please note that, in the event that the right of withdrawal is exercised by a third party successor to the Purchaser, the return procedure can only carried out by contacting Customer Service directly.
10.2 The return shipment must be made at the Purchaser's expense, without undue delay and in any case within 14 (fourteen) days from the date on which the Purchaser has notified the Vendor of his decision to withdraw from the contract.
10.3 Upon receipt of the returns, the Vendor shall proceed immediately to verify them, in order to confirm to the Purchaser they were successfully accepted. The Vendor shall also provide as soon as possible–and in any case within 14 (fourteen) days from the Purchaser’s notification that he wishes to avail himself of the right of withdrawal–to the reimbursement of the sums due; without prejudice to the Vendor's right to delay payment–pursuant to Art. 56.3 of Legislative Decree 206 of 6 September 2005–in the event of non-receipt of returns and/or the Purchaser’s failure to provide proof of their shipment.
11.1 Without prejudice to the cases expressly specified or legally required, communications between the Vendor and the Purchaser shall be carried out mainly via email messages to the respective email addresses, which both parties shall take as valid means of communication that cannot be challenged when produced in court solely for being IT documents. In any case, the Vendor reserves the right to have his Customer Care and/or logistic operators call the Purchaser at the telephone number he provided for reasons related to the transaction as per this contract and at product delivery or return.
11.2 Written notifications to the Vendor as well as any complaints shall be considered valid only if sent to the following email address: firstname.lastname@example.org.
11.3 Both parties may change their email address at any time for the purpose of this article, provided that they promptly notify the other party in accordance with the forms established by the preceding paragraph
12. Personal data processing
12.2 The Vendor protects customer confidentiality and makes sure that the data processing complies with the privacy legislation provisions pursuant to Legislative Decree 196 of 30 June 2003.
12.3 Personal and tax data acquired by the Vendor (Data Controller) directly and/or through third parties are collected and processed on paper, by computer and telematically, according to the processing methods used to register the order and activate the appropriate procedures for carrying out this contract and the necessary related communications, in addition to fulfilling any legal obligations, as well as to allow the effective management of business relations to the extent necessary to best perform the requested service (Article 24, para. 1, point b of Legislative Decree 196/2003) and for any additional purposes not strictly necessary for the execution of this contract for which the Purchaser has specifically expressed his consent.
12.4 The Vendor undertakes to use discretion in processing the data and information provided by the Purchaser and not to disclose them to unauthorized persons, nor to use them for purposes other than those for which they were collected nor to convey them to third parties. Such data may be shown only upon request by the judicial authority or by other authorities authorized by law.
12.5 After signing a confidentiality agreement, personal data shall be disclosed only to persons delegated to carry out the necessary activities to execute the contract and exclusively for that purpose and any additional purposes not strictly necessary to execute this contract for which the Purchaser has given his specific consent.
12.6 The Purchaser enjoys the rights referred to in Art. 7 of Legislative Decree 196/03; namely, the right to obtain the following: a) data updating, rectification or, when interested, integration; b) deletion, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which they were collected or subsequently processed; c) attestation that the operations referred to in points a) and b) were made known, including their content, to those to whom the data were disclosed or disseminated, except in the case where such fulfilment proves impossible or involves a use of means manifestly disproportionate to the protected right. The data subject has also the right to object, in whole or in part, to the following: i) for legitimate reasons, the processing of his personal data, even though they are relevant to collection purpose; ii) the processing of his personal data for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communications.
12.7 The Purchaser’s provision of personal data is a necessary condition for the correct and timely execution of this contract. Failing this, the Purchaser's request cannot be carried out.
12.8 In any case, the acquired data shall be stored for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. In any case, their removal shall be carried out in a safe manner.
12.9 The Vendor is the personal data collector and controller, to whose company headquarters the Purchaser may send his requests.
13. Competent Court
13.1 In the event of disputes arising from this contract or related to it, the parties undertake to seek a fair and good-natured adjustment between them.
13.2 In the event that a dispute has not been settled and, in any case, within six months from the date of its beginning, it shall be brought to the exclusive attention of the Court in whose district the Purchaser is domiciled, in accordance with Legislative Decree 206/05; in the event that the Purchaser does not hold the status of final consumer or does not reside and/or is not domiciled in Italy, it is agreed that any dispute, even in derogation of the rules pertaining to territorial jurisdiction, shall be subject to the exclusive jurisdiction of the Court of Treviso.
14. Applicable law and postponement
14.1 This contract is governed by Italian law.
14.2 Although not expressly provided for herein, the legal provisions applicable to the relationships and circumstances set forth in this contract shall apply and, in any case, the provisions of the Civil Code and Legislative Decree 206 of 6 September 2005 (Consumer Code).
15. Final clauses
15.1 This contract revokes and replaces any agreement, understanding, negotiation, whether written or verbal, previously occurred between the parties and concerning the object of this contract.
15.2 Any ineffectiveness of some clauses shall not affect the validity of the entire contract.
PURCHASER ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the Purchaser declares to have carefully read the contract and to expressly approve the following clauses:
Art. 2 (Acceptance of the terms and conditions of sale),
Art. 3 (Purchase methods and sale prices),
Art. 4 (Conclusion of the contract),
Art. 6 (Delivery methods),
Art. 7 (Limitations on liability),
Art. 8 (Customer assistance and warranties)