Terms and Conditions
ART. 1 PREMISES
- a) the buyer will not have the right of withdrawal pursuant to Article 10;
- b) the buyer will not be entitled to guarantees on the products listed in article 8 or any other legal guarantee;
- c) the buyer will not be granted any other guarantees in favour of the consumer provided by law.
Art 2. DEFINITIONS
E-commerce contract: sales or service contract under which the Seller , or his intermediary, offers goods or services through a website , or other electronic means, and the Buyer (consumer), places the order for such goods or services on such website , or through other electronic means organised by the Seller .
Sales Contract Any contract under which the Seller transfers, or undertakes to transfer, the ownership of goods to the Buyer and the Buyer pays, or undertakes to pay, the price thereof
Service contract Any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price thereof
Consumer Code Reference legislation for the protection of the consumer, dictated by Legislative Decree 6 September 2005, n. 206, as last amended (hereinafter, for the sake of brevity, the “ Consumer Code ”).
Buyer The term Buyer refers to the consumer, or user, a natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out (art. 3, letter a, Consumer Code ).
Seller The term Seller refers to the natural or legal person acting in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity, or his/her intermediary (art. 3, letter c, Consumer Code ).
Manufacturer Manufacturer is the manufacturer of the finished good or of one of its components (art. 115, paragraph 2-bis, Consumer Code ).
Conformity with the Contract All those goods are Conforming with the Contract in respect of which the following circumstances coexist, if relevant: i) they are suitable for the use for which goods of the same type are normally used; ii) they conform to the description given and possess the qualities of the goods presented as a sample or model; iii) they present the quality and performance usual for goods of the same type, which the Buyer can reasonably expect, taking into account the nature of the goods and, where applicable, public declarations on the specific characteristics of the goods made in this regard by the seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; iv) they are also suitable for the particular use desired by the Buyer and brought to the attention of the Seller at the time of conclusion of the Contract and which the Seller himself has accepted also by conclusive facts (art. 129, paragraph 2, Consumer Code ).
Defective Goods Goods are defective when they do not offer the safety that one can legitimately expect taking into account all the circumstances, including: a) the way in which the good was put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided; b) the use to which the good can reasonably be intended and the behaviours that, in relation to it, can reasonably be foreseen; c) the time in which the good was put into circulation. Goods cannot be considered defective simply because a further improvement of the good has been put into circulation at any time.
- SALE OF GOODS PROMOTED ONLINE
3.1 With the Contract the Seller sells to the Buyer, who purchases, via electronic tools, the goods offered on the Site .
3.2 The inrosacollection.com Site presents the catalogue of goods and/or services promoted online by the Seller . Such goods are represented on the Site accurately.
3.3 The Seller is not able to guarantee a precise and exact correspondence between the real consistency of the goods promoted online and the relative representation on the Buyer 's monitor . In the event of discrepancies between the image of the goods visible online and the relative information sheet, drawn up in writing, the latter will be the only valid document.
- ONLINE CATALOGUE UPDATE - GOODS AVAILABILITY
4.1 The Seller ensures, through its own computer system, the processing and fulfillment of the order without delay, according to the procedures set out in Art. 5 of these General Conditions of Online Sale . The Seller 's electronic catalogue indicates in real time the goods available and those not available, as well as the expected times for their shipment. The Seller confirms the registration of the order as soon as possible, forwarding the specific confirmation (so- called Order Receipt) to the Buyer by email.
4.2 If an order exceeds the warehouse availability, or for other reasons is not available, the Seller will promptly communicate to the Buyer the unavailability of the item in question and, if possible, the waiting times to obtain it, requesting confirmation of the order again according to the different timeframes indicated by the Seller . This communication will take place via e-mail, or telephone,
- DESCRIPTION OF THE TECHNICAL PHASES NECESSARY TO CONCLUDE THE CONTRACT
5.1 The Contract between the Seller and the Buyer will be concluded exclusively online . After accessing the e-Shop , the Buyer must follow the procedures/instructions indicated therein to formalize the purchase of the goods and/or services by filling in the forms prepared by the Seller . If intending to purchase online , the Buyer must duly select the desired goods and/or services, one at a time, placing them in the cart configured by the Seller . Once the desired goods and/or services have been selected, the Buyer will be asked to close their cart by forwarding the list of desired items to the Seller . Before forwarding, a form will be displayed to confirm the purchase order of the selected goods and/or services, with an indication of the relative prices, as well as the options left to the Buyer , who will be responsible for identifying the delivery, transport and payment methods for the execution of the contract. By confirming the order, the Buyer undertakes to check and validate, before sending it, his/her personal data, the goods/services covered by the Contract , their prices, with any shipping costs and/or additional charges, confirming the chosen payment methods and terms, the delivery address, as well as any other data requested. The order confirmation format instructs the Buyer in advance about the times of execution of the Contract , drawing attention to the right of withdrawal, as well as to the other rights reserved by law to the Buyer. Once the required checks have been carried out, it will finally be up to the Buyer to select the interactive button - present at the bottom of the web page - by clicking on the " Confirm the purchase order with obligation to pay " box, thus forwarding the order to the Seller .
5.2 The online publication of goods and/or services via the Site constitutes a simple invitation to offer so that the Buyer can formulate a purchase proposal ; in this sense, the Buyer 's order , previously confirmed by the Buyer , constitutes exclusively a contractual proposal, subject to these General Conditions of Online Sale , which the Buyer declares to know and accept. The order confirmation - duly filled in and verified as per instructions - will be acknowledged by the Seller with a receipt at the Buyer 's email address for the sole purpose of confirming its receipt in the Seller 's computer system , which will then begin to process the order, verifying the data provided by the Buyer , such as the availability of what is requested. The Seller 's receipt does not constitute acceptance of the purchase proposal. This receipt - with the attached " Order Number " to be used in all communications with the Seller - reiterates, in addition to the information required by law , all the data above, which the Buyer will verify again, promptly communicating to the Seller any corrections needed. Should an inaccurate indication of prices or other characteristics of the goods and/or services promoted online be found , such as the unavailability of the goods requested, the Seller will promptly notify the Buyer, inviting him to execute - if still interested - a correction of the order, or, after cancellation of the previous one, a new order, according to the methods that will be promptly communicated.
5.3 The Seller has the right to accept or not the order sent by the Buyer , without the latter being able to advance any rights and/or claims of any kind, for any reason, including compensation, for the failure to accept the order itself. The Contract will be concluded only when a separate email is sent (or message in the communications center on the Site or equivalent) of acceptance of the purchase proposal, which will also contain information relating to the shipment and the expected delivery date ( Shipping Confirmation ). If the order is processed with different shipments, the Buyer may receive separate and distinct Shipping Confirmations . The Buyer may, however, cancel his order before receiving the Shipping Confirmation , provided that the order has not been prepared for the shipping process. In this case, no cost will be charged. In any case, the right of withdrawal is reserved in accordance with the terms and conditions set out in the following Art. 10.
5.4 The amount due will be charged only when the goods in the order are shipped. Once payment for the requested goods/services has been received, the Seller will proceed to issue the relevant tax document.
5.5 The Contract will not be concluded and will be void of any effect if the procedure set out in this article is not punctually followed.
5.6 For any errors, typos or problems in completing the online forms and, more generally, in carrying out the purchasing procedures set up by the Seller , the Buyer is invited to contact, without delay, the following email: info@inrosacollection.com.
- PAYMENT OF THE PRICE, TAXES AND ANY ADDITIONAL CHARGES
6.1 The Buyer undertakes to pay the price requested for the goods purchased online , according to the times and methods indicated on the Site.
6.2 The prices of the goods promoted via the Site, like any other charges/expenses inherent to the invitation to offer , are expressed in Euros.
6.3 Prices include VAT and any other taxes. Shipping costs, as well as any additional charges, such as customs clearance , if any, are not included in the sale price.
- METHODS, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS
7.1 Payment for goods/services purchased online will be made according to the method chosen by the Buyer, among those expressly permitted by the Seller and promptly specified in the inrosacollection.com section of the Site . The use of the aforementioned payment methods does not entail any additional charges for the Buyer , except for any costs borne by the Seller , promptly proven and communicated to the Buyer .
7.2 Any refund to the Buyer will be credited using one of the methods proposed by the Seller and chosen by the Buyer , and, in the event of withdrawal, within a maximum of 30 days (thirty days) from when the Seller has received the returned goods at the destination address.
7.3 All communications relating to payments take place on a special encrypted line, which guarantees the storage of such information with a high level of security and in compliance with current legislation on the protection of personal data.
- DELIVERY METHODS AND TIMES
8.1 The Seller shall deliver the ordered goods, without unjustified delay, at the latest, within 30 days (thirty days) from the date of conclusion of the Contract , using the methods indicated on the website or , alternatively, chosen by the Buyer .
8.2 If the Seller is unable to make the shipment within the deadline indicated in the previous paragraph, he will promptly notify the Buyer by e-mail or by telephone to the contact details provided during online registration and order forwarding by the Buyer.
- METHODS OF STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS
9.1 Pursuant to art. 12 Legislative Decree 70/2003, as well as arts. 50-51 of the Consumer Code , the Buyer is informed that each order sent online will be stored and archived in digital and/or paper format by the Seller , according to adequate confidentiality and security criteria. For any copies or other requests in this regard, the Buyer is invited to contact the Seller at the following address info@inrosacollection.com .
- TERMS AND CONDITIONS FOR EXERCISE THE RIGHT OF WITHDRAWAL
10.1 The Buyer has the right to withdraw from the Contract , without penalty and without specifying the reason, within 14 calendar days (fourteen days), starting from the day on which the Buyer acquired physical possession of the goods.
10.2 The right of withdrawal is exercised by communicating to the Seller by email to the address info@inrosacollection.com.
10.3 The return of the goods by the Buyer must take place without delay and, in any case, 14 days (fourteen days) from the date of purchase. The Buyer is responsible for the direct costs of returning the goods to the Seller. It is required to take every possible precaution in proceeding with the shipment, using the original wrapping and packaging of the goods, or in any case equivalent, which preserve their integrity and adequately protect them during transport. The return of the goods following the exercise of the right of withdrawal must be made to the following address INROSA Srl, Strada Madonna Marina 100 - 30015, Chioggia (VE), Italy.
10.4 The Seller will refund the price of the goods for which the right of withdrawal has been exercised within 30 days (thirty days) from receipt of the returned goods at the destination address shipped by the Buyer . Generally, the Seller will use the same means of payment chosen by the Buyer for the initial transaction, unless the Buyer has arranged otherwise; in this case , any additional costs arising from the different means of payment chosen will be the sole responsibility of the Buyer . The Seller will have the right to withhold the refund until receipt of the goods.
10.5 Returned products must be returned unused, intact and in a condition to be resold, in their original packaging complete in all its parts (including packaging and documentation and accessory equipment).
10.6 Upon receipt by the Seller of the communication with which the Buyer expresses his/her will to exercise the right of withdrawal, all obligations connected to the Contract will cease , except as provided for in this Article.
10.7 In compliance with art. 59 letter “e” of Legislative Decree 21 of 21/02/2014, the right of withdrawal cannot be exercised for goods that are not suitable for return for reasons of hygiene or related to health protection . Therefore, returns of items intended to come into contact with intimate parts of the person (e.g. briefs, bodysuits, swimsuits, monokinis, etc.) cannot be accepted under any circumstances.
- WARRANTY OF CONFORMITY, REPORTING AND ACTIVATION OF PROTECTIONS; OTHER POSSIBLE WARRANTIES
11.1 The Buyer is guaranteed the Conformity of the goods to the Contract within two years (2 years) from their delivery. Unless proven otherwise, any lack of conformity that becomes apparent within 6 months (six months) from the date of delivery of the goods are presumed to have already existed on that date, unless this is incompatible with the nature of the goods or with the lack of conformity in question.
11.2 In the absence of Conformity of the goods to the Contract , the Buyer may request, alternatively and without charge, the repair or replacement of the purchased goods, or a reduction in price, or the termination of the Contract , unless the request is objectively impossible to satisfy, or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, Consumer Code . If the repair and replacement are impossible or excessively onerous, or the Seller has not repaired or replaced the goods within the agreed timeframes or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer , the latter may request, at his choice, a reduction in price or the termination of the Contract .
11.3 The Buyer loses all rights related to the Conformity of the goods to the Contract if he does not report the lack of conformity complained of to the Seller within 2 months (two months) from the date of its discovery. The aforementioned term does not apply if the Seller has expressly recognized the defect or has knowingly concealed it. In any case, the report must specify the non-conformity found, as well as at least one photograph of the goods in question, all accompanied by the Seller 's tax receipt proving the purchase.
11.4 The Buyer must send the complaint and related requests, alternatively to one of the following addresses: i) INROSA Srl, Strada Madonna Marina 100 - 30015, Chioggia (VE), Italy for communications via registered mail with return receipt; ii) or, via PEC, to the following certified email address inrosasrl@pec.inrosacollection.com, or via ordinary email to the address info@inrosacollection.com. Once the complaint/request and related documentation has been received, the Seller will assess the non-conformity reported by the Buyer and, after having carried out the necessary checks, will authorize, or not, the return of the goods by providing the Buyer with a " Return Code ", sent via email to the address provided during the order transmission. The authorization to return the goods does not constitute recognition of the non-conformity. The goods - for which the Seller has authorised the return - must be returned to the address expressly indicated, together with a copy of the return authorisation containing the " Return Code " and in full compliance with the precautions set out in Art. 10.3.
11.5 If the Seller is required to refund, in whole or in part, the price paid to the Buyer , the refund will be made, where possible, using the same payment method used by the Buyer when purchasing the goods, or, alternatively, by bank transfer. It will be the Buyer 's responsibility to communicate to the Seller , already at the time of the complaint/request, the bank details to make the transfer in his favor and to ensure that the Seller is put in a position to be able to return the sum due.
11.6 The right to replacement is however subject to the following conditions:
1) the purchased item must be returned unused, intact and in a condition to be resold, in its original packaging complete in all its parts (including packaging and documentation and accessory equipment);
2) the shipment, until the certificate of receipt in our warehouse, is under the complete responsibility of the customer. We are not responsible in any way for damage or theft/loss of goods returned with uninsured or untracked shipments (e.g. priority mail).
3) in the event of damage to the goods during transport, we will promptly inform the customer of the incident (within 5 working days of receiving the goods) to allow him to file a complaint against the courier chosen by him and obtain reimbursement of the value of the goods (if insured);
4) if the return is returned intact in all the above-mentioned points, we will refund the cost of the goods only (not the shipping costs) within 30 days of receiving the return.
11.7 All products (excluding underwear and perishable goods) can be exchanged provided they are returned in their original sales conditions, i.e. not used or worn, with intact packaging, any packaging material and warranty seals.
It is possible to change the product within and no later than 14 days (fourteen days):
- for in-store purchases: from the date of purchase;
- for online: from the moment of receipt of the package;
- for orders with Local Pick Up: from the moment the order is marked as “completed”.
Products can be exchanged under the same conditions as above but only with other discounted products in the same product category.
Shipping costs are always paid by the customer, unless the returns are caused by defective products or order errors made by INROSA itself.
- NON-ATTRIBUTABLE FAILURES - UNAUTHORIZED PAYMENTS
12.1 The Seller shall not be liable for any failure or delay in the performance of the Contract if this is due to disruptions attributable to force majeure, fortuitous events, or in any case not attributable to the Seller .
12.2 The Seller assumes no responsibility for any fraudulent, illicit or irregular use of credit cards, cheques or other means of payment, attributable to fraudulent or negligent conduct, even if due to slight negligence, of the Buyer with respect to the obligations of custody and timely information to the issuer of the aforementioned means of payment.
- DEFECTIVE PRODUCTS, COMPENSATORY DAMAGES AND RELATED PROOF BURDEN
13.1 The Manufacturer is responsible for damages caused by defects in the goods promoted/sold via the Site . Pursuant to art. 116 of the Consumer Code, the Seller will be responsible for damages caused by defects in the goods sold, if he fails to communicate to the damaged party, within three months of the request referred to in the following third paragraph, the identity and address of the Manufacturer, or of the intermediary who supplied him with the goods in question.
13.2 The injured party may request compensation for damages caused by death or personal injury, or by the destruction or deterioration of a thing other than the defective good, provided that it is normally intended for private use or consumption and used in this sense by the injured party. In this last case, pursuant to art. 123 of the Consumer Code, damage to a thing other than the defective good will be compensable only to the extent exceeding the sum of €387.00 ( three hundred and eighty-seven euros ). In any case, it will be up to the injured party to prove both the defect and the damage, as well as the necessary causal connection between the defect and the damage suffered.
13.3 The request for damages, which must be made exclusively in writing, must specify the good that caused the damage, as well as the date and place of the relative purchase. Furthermore, if it still exists, it will be the responsibility of the damaged party to offer for viewing the good in question, according to the instructions given by the Manufacturer, or Seller , or by third parties indicated by them.
13.4 Compensation for damages will be excluded if the injured party, aware of the defect of the property and the associated dangers, has nevertheless voluntarily exposed himself to them. In the presence of fault on the part of the injured party - who, using ordinary diligence, could have avoided the damage suffered - the compensation requested will be excluded or reduced in proportion to the seriousness of the fault attributable to the victim.
13.5 Any liability for the consequences arising from defective goods is excluded if the defect itself is attributable to the conformity of the goods to a mandatory legal provision, or other binding provision, or if the state of scientific and technical knowledge, at the time the goods were put into circulation, did not yet allow them to be considered defective.
- SPECIFIC HYPOTHESES OF AUTOMATIC TERMINATION OF THE CONTRACT
14.1 The timely payment of the goods purchased online, pursuant to Art. 6.1 of these General Conditions of Online Sale , as well as the payment of any additional charges and/or commitments pursuant to Art. 6.3, are considered essential obligations of the Contract .
14.2 Unless justified by fortuitous event or force majeure, failure to comply with the aforementioned obligations will result in the termination of the Contract pursuant to art. 1456 of the Civil Code.
- PROCESSING OF THE BUYER'S PERSONAL DATA (REFERENCE TO SPECIFIC INFORMATION)
15.1 The Seller protects the Buyer 's personal data , guaranteeing full compliance of their treatment with the relevant legislation and, specifically, with Regulation 679/2016 as well as with the relevant national regulations ( Privacy Code , as lastly amended by Legislative Decree 101/2018).
15.2 For details, please refer to the Privacy Policy and Cookies Policy present on the site; we hereby inform you that the personal data provided by the user, acquired through navigation on the Site , will be collected and processed in electronic/computer format, and if necessary on paper, with the following main purposes: i) register the order; ii) execution of the Contract and related communications; iii) fulfill legal obligations; iv) manage commercial relationships to better perform the requested services.
- SELLER AND BUYER CONTACT DETAILS
16.1 Official communications addressed to the Seller, such as any complaints from the Buyer, will be valid only if sent by registered mail with return receipt to INROSA Srl, Strada Madonna Marina 100 - 30015, Chioggia (VE), Italy, or forwarded by e-mail to the following address info@inrosacollection.com, or to the following certified e-mail address (PEC) inrosasrl@pec.inrosacollection.com.
16.2 The Buyer indicates, when registering on the Site or in the order confirmation form , his/her residence or domicile, the relevant telephone numbers and the email address to which communications from the Seller will be sent .
- AVAILABLE LANGUAGES AND SUPRANATIONAL USABILITY OF THE SITE
17.1 The Site and related services are available in Italian.
17.2 These General Conditions of Online Sale are available in Italian. If translated into other languages, the only authentic version will be the Italian one.
17.3 Accessible from computers , tablets , smartphones or other devices , wherever located, the Site promotes goods and/or services intended mainly for the national market. Orders from third countries, except as specified below, will be accepted and processed as agreed. In this case, unless otherwise agreed, delivery will take place at the Seller 's premises . The Seller/Manager reserves the right, however, to suspend/cease, with short notice and without penalty, any promotional, marketing, sales, supply of goods and/or services via the Site , if legal/fiscal/customs obstacles, or, in any case, of an objective nature (and not subjective connected solely to the geolocation of the User ), preclude the receipt of the order and/or the execution of the Contract with Users resident or domiciled in third countries.
18 ONLINE OUT-OF-COURT DISPUTE RESOLUTION
18.1 As per EU Regulation 524/2013, the Buyer is informed of the right to defer the resolution of any dispute with the Seller - regarding the offer and purchase of goods and/or services promoted online - to bodies/companies/offices active in alternative dispute resolution (so-called ADR - Alternative Dispute Resolution ), via simple, rapid and economical web procedures (so-called ODR - Online Dispute Resolution ).
18.2 For any information on the aforementioned ODR procedures please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .
- COMPETENT COURT AND LAW APPLICABLE TO THE CONTRACT
19 .1 Any dispute between Seller and Buyer relating to the Contract, and its execution, will be governed by Italian law and administered, barring exceptions, by the judges of the consumer's jurisdiction . In any case, the Buyer will be guaranteed the rights conferred by the mandatory consumer protection regulations in force in the relevant country of residence and/or domicile.
19 .2 For the reference rules regarding the competent court and the law applicable to the Contract , please refer to art. 66 bis of the Consumer Code , art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, and, finally, to articles 3 and 57 of Law no. 218/1995.