GENERAL TERMS AND CONDITIONS OF SALE
The contract between Rosti Maglificio Sportivo and the Client is considered effective upon acceptance, including partial acceptance, of the order by Rosti Maglificio Sportivo. Such acceptance is considered tacit unless otherwise communicated to the Client. By making an order, the Client declares to have read all the information provided during the purchase procedure, and to fully accept all the general and payment T&Cs outlined below. If the Client is a consumer (i.e. an individual purchasing the goods for purposes not related to a professional activity), after completing the online purchase procedure, he/she must print or save an electronic copy and in any case keep these general terms and conditions of sale in accordance with the provisions of articles 3 and 4 of Italian Legislative Decree 206/2005 regulating e-commerce. The Client will not be entitled to reimbursement for damages or compensation or any contractual or extracontractual liability for direct or indirect damages to persons and/or property caused by non or partial acceptance of an order.
HOW TO PURCHASE
The Client can purchase only those products present in the e-catalogue on the Website at the time of transmission of the order and that can be viewed online on our Website, as described in the related data-sheets.
The photographs accompanying the data-sheets of products may not perfectly represent the characteristics indicated in terms of colour, size and accessories.
All of the specifications present on the website refer solely and exclusively to the information published by the distributors or manufacturers and therefore the company cannot be held liable in any way for the incorrect content of this information. We cannot assume any liability for any errors or omissions contained on the Website and we reserve the right to modify such information. The availability indicated on the site is indicative and subject to variation.
For this reason, in some cases, there could be a delay in the delivery of the products. Our company does not assume any liability for damages caused by delays in delivery. We do not offer any guarantee over the information published on the site and we do no assume any liability deriving from the use of the products. Correct receipt of the order is confirmed by email sent to the address communicated by the Client. The confirmation email will indicate the Date and Time the order was made and a “Client Order Number” to use in any future communications with our customer assistance service.
The email indicates all the data entered by the Client; the Client must check the data and promptly communicate any errors in the ways set forth in this document. A receipt will be issued and sent by e-mail to the Client for all orders made on our Website, in accordance with article 14 of Italian Presidential Decree 445/2000 and Law Decree 52/2004. The data provided by the Client at the time of the order will be used for the issue of the invoice. The invoice cannot be modified after it has been issued. We guarantee prompt communication to the Client in the case of non-acceptance of the order. Rosti Maglificio Sportivo reserves the right to cancel any order that it considers questionable without the need to give prior notice.
In these cases, if the client has already paid for the goods and the payment has been accredited, Rosti Maglificio Sportivo will immediately refund the full amount of the order.
METHOD OF PAYMENT
If the goods are paid for by Credit Card, the transaction can be made by the Pay Pal secure server and the CartaSi circuit. At no time during the purchase procedure will Rosti Maglificio Sportivo come into possession of the purchaser’s credit card data; such data are transmitted by protected connection directly to the website of the bank that manages the transaction. No computer database on our Website will store these data. In no case will Rosti Maglificio Sportivo be considered liable in the case of fraudulent or improper use of credit cards by third parties at the time of payment of the goods.
TERMS OF COSTS AND DELIVERY
Customs duty for importation will be charged to the consignee in the case of deliveries to countries that do not belong to the European Union. Rosti Maglificio Sportivo has no control over customs duties, that may vary from country to country. Contact the custom authorities of your country of origin for information about customs duties. The data provided by the Client at the time of the order will be used for the invoice. The invoice cannot be modified after it has been issued. Delivery charges in Italy depend on the weight of the goods purchased and are expressly indicated at the time of the order. The Client will pay for the goods using the method selected at the time of the order. No other cost will be charged to the Client besides that indicated on the order. Rosti® will not be liable in the case of late fulfilment of the order or late delivery of the goods ordered. Unless otherwise specifically indicated by our Customer Service, delivery will be made at street level.
On delivery of the goods by the courier, the Client must check:
• that the number of packages delivered corresponds to that indicated on the transport document
• that the package is intact, undamaged, not damp or altered in any way, including the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or product or non-correspondence of the number of packages or indications must be reported immediately by writing SUBJECT TO VERIFICATION on the courier’s proof of delivery. Once the courier’s document has been signed, the Client cannot make any claims regarding the external characteristics of the package. Any problems regarding the physical integrity, correspondence or completeness of the products received must be reported within 7 days following delivery, in the ways described in these T&Cs. The order will be automatically cancelled if the goods held at the courier’s warehouse due to repeated impossibility to deliver them to the address indicated by the Client at the time of the order are not collected within 5 working days.
RIGHT TO CANCEL
Pursuant to article 5 of Italian Law Decree 206/2005, if the client is a consumer, he/she is entitled to withdraw from the purchase contract without the need to provide an explanation and without penalty, without prejudice to the provisions of point 18. To exercise this right, the client must send Rosti Maglificio Sportivo communication in this sense within 10 working days following the date of receipt of the goods. This communication must be sent by registered delivery with acknowledgement of receipt to:
Rosti Maglificio Sportivo - Via Piemonte 16/18 - 24041 Brembate (Bg)
or by telegram or email to be sent within the above-stated 10 day deadline and following confirmation by registered delivery with acknowledgement of receipt to be sent OBLIGATORILY within the following 48 hours. The client must send the goods back to Rosti Maglificio Sportivo at his/her expense within 10 days following authorisation. The returned goods must be intact, complete and in its original packaging (bags and packaging), stored and used according to normal diligence, without signs of wear or dirt, in accordance with the conditions as of point 18.
The right to cancel is in any case subject to the following conditions:
• the right applies to the complete product; it is not possible to exercise the right only for a part of the purchased product.
• the goods purchased must be intact and returned in the original packaging, complete in all its parts (including packaging and any documentation and accessories: manuals, labels, etc....); to limit damage to the original packaging we suggest, wherever possible, to place it in a second package; it is forbidden to affix labels or adhesive tape directly on the product’s original packaging.
• in accordance with law, the costs for the return of the goods are at the client’s expense.
• shipment, through to delivery at our warehouse, is under client’s full responsibility.
• we will inform the client of any damage to the goods during transport (within 5 working days following receipt of the goods at our warehouse), to allow him/her to claim against the courier he/she has chosen and to obtain a refund of the value of the goods (if insured); in this case, the goods will be returned to the client, simultaneously annulling the request to cancel the contract.
• We are not liable in any any way for damage to or theft/loss of goods returned if the shipment has not been insured.
With the exception of any costs to repair damage to the original packaging, we will refund the full amount already paid, net of shipment costs, within 14 days following re-entry of the goods by reversing the amount charged to the Credit Credit or by bank transfer. In the latter case, the client must provide the details of the account to which the transfer is to be made (ABI - CAB - account number of the person whose name the invoice has been made out to) in a timely manner. The right to cancel is null and void in the absence of the essential condition of the intactness of the goods (packaging and/or its content) in cases where Rosti Maglificio Sportivo ascertains:
• the absence of the external packaging and/or the original internal package.
• the absence of any additional elements (accessories, manuals, parts, ...).
• damage to the goods for causes other than their transport.
In the case of non-applicability of the right to cancel, we will return the goods purchased to the sender, charging same the shipment costs.
All products sold on our Website are covered by a conventional manufacturer’s warranty and a 24 month warranty for conformity defects, as of Italian Law Decree 24/02. To claim assistance under warranty, the Client must keep the invoice (or Transport Document). The 24 month warranty as of Italian Law Decree 24/02 applies to goods with a conformity defect, providing that these goods have been used correctly, in accordance with their intended use and in compliance with the attached technical documentation.
This warranty covers private consumers (individuals that buy the goods for purposes not linked to their professional activities; i.e. purchased without indicating a VAT Reg. No. on the order form).
In the case of conformity defects, we will restore the conformity of the goods, at no expense to the Client, through repair/substitution, reducing the price or annulling the contract. Substitution in the case of DOA (Dead On Arrival) will be possible only if expressly envisaged by the manufacturer. Replacement or repair times depend solely on the manufacturer’s policies.
In the case where, for any reason, it is not possible to return to the client a product under warranty (repaired or substituted) we may, at our discretion, refund the full price paid or replace the goods with others of the same or higher quality. No damages can be claimed from Rosti® for any delays in the repair or substitution times. In cases where the application of the warranty entails the return of the goods, the goods must be returned by the Client in the original packaging, complete in all its parts (including packing and any documentation and accessories); to limit damage to the original packaging we suggest, wherever possible, to place it in a second package; in all cases it is forbidden to affix labels or adhesive tape directly on the product’s original packaging.
The seller declares that all the products in the catalogue comply with and are certified according to the laws and regulations of the European Union. The seller is not liable for non-compliance with standards of countries that do not belong to the European Union and/or their non-standardisation with products of said countries.
The data requested at the time of the order are collected and processed in order to fulfil the Client’s express request and will in no case be transmitted to third parties. Rosti Maglificio Sportivo guarantees full compliance with law provisions regarding the processing of personal data, regulated by the privacy code as of Italian Law Decree 196 of 30.06.03.
The Data Controller is: Rosti Maglificio Sportivo via Piemonte 16/18 24041 Brembate (BG).
Any complaints must be made to Rosti Maglificio Sportivo via Piemonte 16/18 24041 Brembate (BG).
The sales contract entered into by the Client and Rosti Maglificio Sportivo is considered as being stipulated in Italy and is regulated by the laws of Italy. For the settlement of any civil or criminal disputes deriving from the performance of this sales contract, if the Client is a consumer, the territorial jurisdiction will be that of the court of reference for his/her town of residence; in all other cases the Court of Bergamo will have sole jurisdiction.