GENERAL SALES CONDITIONS
The following provisions( the ‘General Sales Conditions’) govern the attempt and sale of the products on www.lerobshop.com , a property of Commerciale Roberto Serpentini S.r.l. The User have to read carefully the General Sales Conditions available at www.lerobshop.com website in the section: Terms and Conditions. The product sale on the website www.lerobshop.com is a distance contract regulated by Chapter I , Title III ( article 45 and ss) of Legislative decree 206 dated 6 September 2005 (‘Consumer Code’ and by Legislative decree dated 9 April 2003 n.70 , it contains the discipline of electronic commerce.
AREA OF APPLICATION
CONCLUSION OF THE CONTRACT
The use of E-Shop by the User is not sufficient to conclude the contract between the User and Commerciale Roberto Serpentini S.r.l and therefore does not give rise to any claim in the contract or tort claim against Commerciale Roberto Serpentini S.r.l. You must register at the website to access the E-Shop, indicating an 'e-mail address' and 'password' ('Access Codes'). The recording of user data is solely for the purpose of Commerciale Roberto Serpentini S.r.l managing the purchase and payment thereof and does not constitute the final action of contact. To properly register you must supply all the required fields. The User is forbidden to enter false data, and/or invented and/or immaginative, during the registration process prior to the use of E-Shop. The User assumes the responsibility arising from any activity carried out by third parties through their use of access codes and has the obligation to notify Commerciale Roberto Serpentini S.r.l of any breach or theft of your access codes by third parties. The display of products in the E-Shop does not constitute a Commerciale Roberto Serpentini S.r.l contract proposal, but merely an invitation to propose. The order submitted by the User, by clicking the button labelled 'place order' within the 'Checkout' ('Order') constitutes a contract proposal of purchase. After receiving the Order by the User, Commerciale Roberto Serpentini S.r.l will send a notice by e-mail to the address indicated by the User, confirming the receipt of the Order and the Order specifying the details thereof ('Receiving Order Confirmation '). This order acknowledgment does not constitute acceptance of the User Order, but has the sole purpose of informing the User that Commerciale Roberto Serpentini S.r.l has successfully received the Order. The sales agreement between the User and Commerciale Roberto Serpentini S.r.l ends only when Commerciale Roberto Serpentini S.r.l communicates to the User via e-mail that the order has been accepted and that the Product has been dispatched ('Shipping Confirmation').Access to sale made on the website is reserved only for users that have accomplishe 18 years of age.
RIGHT OF WITHDRAWAL
Exercising the right of withdrawal
The User can unilaterally withdraw the order at the latest within 14 (fourteen) days of receipt of the Product. Such revocation must be made by: a) written notice sent by registered mail to Commerciale Roberto Serpentini S.r.l within the period mentioned above, or alternatively b) written notice to email@example.com by e-mail, by the period referred to above, provided that both the communication is then followed by a registered letter within the next 48 hours. In the event that the Product has been issued, the User must return it within that time and at his expense. These Terms do not exclude the User's obligation to preserve the Products after delivery and return them intact. The notice of withdrawal and/or the Product returned must be sent to Commerciale Roberto Serpentini S.r.l
In the event that the withdrawal has not been exercised according to the applicable rule, will not result in termination of the and, consequently , will not be entitled to any refund . Commerciale Roberto Serpentini S.r.l will send the comunication the the user within 5 working days of receiving the product, rejecting the withdrawal request.The porduct, in the event that has reached the Commerciale Roberto Serpentini S.r.l , will remain available to the user for collection that will be at the expense and responsability of the User.
Remeber to the User that according to article 59 of Consumer Code, the right of withdrawal is excluded when the purchase has as object:
- Tailor-made or costumized objects
- Objects that risk deteriorating and expiring quickly
- Vocuher and intangible assets if has not been the possibility from Volponi to check the effectively emplyment from the User
- Audio recording and video sealed ,sealed Computer software , open by the costumer after the delivery
- Newspaper, Periodicals and magazines
CONSEQUENCES OF THE WITHDRAWAL
Where the right of withdrawal is validly exercised by the User, Commerciale Roberto Serpentini S.r.l will refund the User the price paid within 30 (thirty) days from withdrawal including the costs incurred for the delivery of the prooduct. The term begins on the date of receipt of notice of withdrawal. Products must be returned by parcel post. Where the Goods are not returned, in whole or in part, or are rendered damaged, Commerciale Roberto Serpentini S.r.l is entitled to claim damages from the User.
METHOD OF PAYMENT, PRICES AND DELIVERY COSTS
The prices listed on the E-Shop are inclusive of VAT. The final price is shown in E-Shop at the time of order. The VAT amount is specified separately in the accompanying bill that is sent with the product. Shipping cost are as indicated in the E-Shop. The product is delivered exclusively in the Italian territory and cannot be delivered to a PO Box address. In order to deliver in Safe, Fast and Reliable ways, we ship by international Express Courier which grant deliveries worldwide in few days. Products will be delivered to destination postal address specified by you. This service provides the delivery “on front door”, on weekdays, during office hours. As noted in section I of these General Conditions the presentation of products in E-Shop is only intended for Users resident in the territory of the Italian Republic to indicate a delivery address within that territory. Commerciale Roberto Serpentini S.r.l has made reasonable efforts in order to process an order within 4 (four) working days of receipt of the Order itself. The courier service operates from Monday to Friday from 9.00 to 17.00. The execution of orders received on Saturday, Sunday or public holidays starts on the next working day. Barring unforeseen circumstances beyond the control of Commerciale Roberto Serpentini S.r.l the Product is delivered to the User within 5 (five) days from delivery to the carrier. The delivery time is indicative and not binding. Commerciale Roberto Serpentini S.r.l assumes no responsibility for any damages resulting from delays in delivery. In case of non-delivery at the delivery address specified in the User's Order, a second delivery attempt will be made at the same address. If the courier could not deliver the product even in this second attempt, the product will be placed in the warehouse of the carrier closest to the delivery address and a notice will be left with the User with the information necessary for collection. The payment of the Order must be made with one of the following possibilities: PayPal Use you PayPal bill to pay your order. Convenient, easy, secure. When ordering, PayPal will immediately charge the amount of your purchase. Remember that you can use your PayPal bill, even if you are not the owner of a credit card. Credit card Most of credit cards will be accepted. Early wire transfer Send a wire transfer to the account showed at checkout. Order management will be a bit slower. Products will be shipped only after your payment has been verified.
RETENTION OF TITLE
Until the total price has been paid and any other eventual credit to Commerciale Roberto Serpentini S.r.l with the User, the delivered Product remains the property of Commerciale Roberto Serpentini S.r.l and the User may not dispose of use. RESPONSIBILITY FOR DEFECTS Where the User believes that the product does not comply with the Contract or is defective, he shall immediately notify this through the appropriate section on the E-Shop ('Dispute Form') specifying the product subject of dispute and the vices or discrepancies discovered. The Product contested must be returned to Commerciale Roberto Serpentini S.r.l in together with the release of the Dispute Form. Commerciale Roberto Serpentini S.r.l will examine the Product Contested and communicate via e-mail to the User whether or not entitled he is to a refund of the price or replacement of the Product. Any refund will cover the purchase price paid by the User and any costs of returning to Commerciale Roberto Serpentini S.r.l. A refund or replacement will occur within 30 (thirty) days from the email with which Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l communicates to the User the entitlement to a refund or replacement product. If it is not found the lack of conformity , will not be possible to apply the Law warranty . Commerciale Roberto Serpentini S.r.l iwill inform the user about of this circumstance and about any costs to be incurred, and reserves the right to send to the User the the price quotation for the repair, , so that the User can deside if accept the repair or not at their own expense.The User will have to authorize the repair at thir own expense and accept the costs and the payment method in writing . Commerciale Roberto Serpentini S.r.l is not responsible for defects in products that have been caused after delivery by third parties, except in cases provided for in Article VII. Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l is not responsible for damages resulting from misuse of the product, alteration, normal wear and tear or negligence of the Product. The foregoing shall not be construed to the prejudice of the rights of the User, provided by applicable law.
LIABILITY FOR BREACH OF CONTRACT
The liability for breach of contract by Commerciale Roberto Serpentini S.r.l is limited to damages that are a direct result of the failure and, in every case, it is limited to the price of the Product.
In the case of wilful misconduct or gross negligence Commerciale Roberto Serpentini S.r.l is liable under law. In so far as is permitted by law, Commerciale Roberto Serpentini S.r.l will not be in any case liable for consequential damages caused by the product delivered to the User (consequential loss), such as, but not limited to, damage caused to other property. The compensation for consequential damages and any other claim for damages against Commerciale Roberto Serpentini S.r.l that is not included in Articles VII and VIII of these Terms, is expressly excluded, except for liability to be born by the Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l by law in case of injury or death.
COPYRIGHTS AND TRADEMARKS
All content published on the site www.lerobshop.com including text, documents, logos, images, graphics, video size, trim and adaptations are subject to the laws on intellectual property and copyrighted. You may not copy, alter, translate, distribute, use, store, publish this content on other sites without prior written permission of Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l. Any content and contributions made by third parties are marked as such. The downloading, viewing and printing the content of this website is permitted for personal use only and excludes the user from having any right of claim or claim of such material. The brand Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l is a registered trademark property of Commerciale Roberto Serpentini S.r.l Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l used the brand Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l as its corporate ID with which it presents itself to the market.
Subject to the limits prescribed by law, any User on account of alleged breach of contract and/or other obligations by Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l is excluded in case of force majeure, such as, but not limited to, mobilisation, war, riot, and similar events such as fire, accident, strike, lockout or export restrictions, or other events in each case not attributable to Commerciale Roberto Serpentini S.r.l. The failure by Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l of the rights under these conditions does not imply a waiver of those rights and does not affect Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l right to use these rights later. The User therefore is not exempted from its commitments on time and in full compliance of its obligations under these General Conditions. Any dispute arising under these Terms shall be subject to the jurisdiction of the courts of the place of residence or the User, the User's choice or on its initiative, the jurisdiction of the Court of Commerciale Roberto Serpentini S.r.l. These General Terms of sale are governed by Italian law, including the Consumer Code and the Law on E-Commerce referred to the Legislative Decree 9 April 2003, n. 70. In any case, without prejudice to the rights provided by mandatory provisions, laid down by the User's Country. The invalidity or ineffectiveness of one of these clauses does not entail the invalidity or ineffectiveness of the General Conditions of Sale in their entirety, and therefore, continue to be fully effective and binding. The parties agree to negotiate in good faith and to replace the void or ineffective provisions with provisions that are not affected by invalidity or unenforceability, and the content of which conforms to the previous one. Changes and additions to these contract General Terms must be made in writing; communications, and any statement of the contractual relationship must be made in writing and sent to Commerciale Roberto Serpentini S.r.lCommerciale Roberto Serpentini S.r.l address above and to the User's address specified for delivery of Products.
In accordancwe with the Legislatic decree 196/2003 and of the Regulation Ue 2016/679 (gdpr) , the data and the infromations relating to the buyer of which Commerciale Roberto Serpentini S.rl.l will hold into virtue of the contractual relationship governed by General Sales Conditions will be treated in the respect of the current legislation on privacy and will be stored and used exclusively for the sale of the products
In accordance with the articles 1341 and 1342 of Civil Code the buyer recognizes that he has read carefully and understood and accepted the clauses of which the articles : 2 (Conclusion of the contract ), 3 (Right of Withdrawal ), 4 (Consequences of the withdrawal ),5 (Method of paymant, prices and shipping costs), 6 (Reservation of property),7(Responsability for defects ),8 (Rleliability for breach of contract ),9 (Non-contractual liability ),10 (Trademarks and copyrights),11 (Final provisions)and 12 (Privacy)