Conditions of sale

Conditions of Sale

Privacy Protection:

In accordance with the terms of Article 10 of Italian Legislative Decree No. 675/96, the details you supply to Rosis S.N.C. will be processed manually and/or electronically for the purposes of customer request management, fulfillment of regulatory norms, historical archiving and promotional marketing (relating to Rosis S.N.C. commercial initiatives only). Your personal details will not be disclosed to third parties. In accordance with the terms of Articles 11-13 of Italian Legislative Decree No. 675/96, you – as the data subject – have the right to request that the data we hold on you be deleted or updated.

Conditions of sale

Acceptance of the general conditions of sale

1. The contract stipulated between Rosis S.N.C. and the Customer comes into effect with the total or partial acceptance of the order on the part of Rosis S.N.C. Acceptance of the order will be tacit, unless it is deemed necessary to inform the Customer directly. By placing an order using any of the available methods, the Customer declares that he or she has read all of the instructions and information given during the order process, and declares his or her acceptance of the entirety of the general conditions and payment conditions described below.

2. Once he or she has completed the online purchasing process, the Customer is advised to print a paper copy (or to archive an electronic copy) of these general conditions of sale, as required by Articles 3 and 4 of Italian Legislative Decree No. 185/1999 in relation to customer-not-present transactions.

3. The Customer is not entitled to make any claim for damages or compensation, and may not hold Rosis S.N.C. responsible (either in relation to the contract terms or outwith the contract terms) for any direct or indirect damage caused to persons or property that may result from failure to accept, even partially, any order.     

4. The products are not supplied for the Customer to try out at home before purchasing. While Rosis S.N.C. may provide information on the characteristics of its products, the Customer is responsible for choosing the products that make up his or her order.

Purchasing methods

5. The Customer's order will include only those products in the shopping cart at the time of placing the order request. The products in the cart can be viewed online at http://www.rosis.com/index.asp, where a description will be given of each of the products currently in the cart. The Customer accepts that the image next to the product description may not match exactly the specific characteristics of the product being ordered, and may differ in terms of color, size and shape.

6. Receipt of the order will be confirmed by Rosis S.N.C. in the form of an e-mail response, sent to the address supplied by the Customer (alternatively, the order may be confirmed by telephone). The confirmation message will include the date and time of the order and a Customer Order Number, which should be used during all further communications with Rosis S.N.C. about the order. The message will include all of the details supplied by the Customer, who is required to check the accuracy of the details and to inform Rosis S.N.C. as soon as possible of any errors, using the methods described in this document.

7. If the order is not accepted, Rosis S.N.C. guarantees that the Customer will be informed of this decision in a timely fashion.

8. Should Rosis S.N.C. be unable to complete the order process (i.e.: if the product(s) ordered by the Customer is/are not available), Rosis S.N.C. will inform the Customer of this as soon as possible, reimbursing any amounts already paid in relation to the product(s) not supplied. In such cases, the Customer may make no claim for any further damages or compensation of any sort. 

9. The fiscal documentation relating to the product(s) ordered will be issued by Rosis S.N.C. at the time in which the product(s) are dispatched to the Customer. If the Customer is in possession of a personal tax code and would like to receive an invoice made out personally to him or her, he or she must indicate this in the order. Failure to do so will result in Rosis S.N.C. issuing a tax receipt rather than a tax invoice.

Payment methods

10. Credit card

If the customer chooses to pay by credit card, the transaction will be carried out through the secure servers of the banking institution that is handling the transaction. At no time shall Rosis S.N.C. have access to the Customer's credit card information, which will be transmitted (via a protected connection) to the site of the banking institution that is handling the transaction. No archive held by Rosis S.N.C. will contain this personal financial information. As a result, Rosis S.N.C. may not be held responsible for any fraudulent use of the credit card details by third parties.

11. Advance Bank Transfer

If the Customer chooses to pay by an advance bank transfer, the product(s) ordered by the Customer will be reserved until Rosis S.N.C. has received confirmation that the bank transfer has been completed. This confirmation should be sent to Rosis S.N.C. (by fax or e-mail) within 3 working days of the date of order acceptance.  The product(s) ordered will be sent only once Rosis S.N.C.'s account has been credited with the relevant amount, which should occur within 7 working days of the date of order acceptance. The bank transfer description must contain the following information: the order reference number;
the date on which the order was placed;
name and surname of the account holder placing the order.

Shipping methods and charges

12. Rosis S.N.C. can accept orders for delivery to destinations in Italy and overseas.

13. Charges for shipping orders to destinations within Italy are shown at the order confirmation stage. For order that are to be delivered outside Italy, please contact our Customer Service team on 0039 045 6152576 and you will be given detailed information on the relevant costs.

14. Rosis S.N.C. retains the right, at its own discretion, to deliver the product(s) ordered using a method other than that specified. Unless otherwise indicated, all deliveries will be made by road. The delivery times set out by Rosis S.N.C. refer to products that are held in stock at its warehouse: while these times have been carefully calculated, they must not be considered binding for Rosis S.N.C., which may subsequently confirm or change them on the basis of its own requirements. Any delays to deliveries lasting less than thirty (30) days do not give the Customer the right to refuse delivery of the products or to claim damages or compensation of any sort. On receiving the advance bank transfer for the product(s) ordered, Rosis S.N.C. has 20 working days in which to send out the product(s) for delivery. 

15. When the courier delivers the product(s) to the Customer, the Customer is required to check the following: that the number of packages delivered matches the numbers printed on the transport documentation; that the package is intact, not damaged or damp, and that it has not been altered in any way (i.e.: adhesive tape or metal staples have not been removed). Any damage to the package and/or product and/or any mismatch between the number of packages delivered and the numbers printed on the documentation must be immediately noted in writing on the courier's proof of delivery documentation. Once the Customer has signed the courier's documentation (noting any discrepancies or damages), no further claims may be made in relation to the external characteristics of the delivered package(s). Any further problems relating to the physical condition and completeness of the products inside the packaging (and their correspondence with what is printed on the paperwork) must be noted and communicated to Rosis S.N.C. within 7 days of delivery, in the ways set out in this document.

16. If delivery is not made successfully to the specified shipping address (despite repeated attempts on the part of the courier), the Customer is required to collect the delivery within 5 working days from the courier's warehouse. Failure to do so will result in the order being cancelled automatically. Right to cancel.

17. In accordance with the terms of Article 5 of Italian Legislative Decree No. 185/1999, the Customer (on condition that the purchaser can be described as a "consumer" in accordance with the terms of Article 1, section "b" of Italian Legislative Decree No. 185 of May 22, 1999) has the right to cancel the purchasing contract for any reason – with no requirement to provide an explanation of the motivation for the cancellation and without being subject to any penalty for doing so – within a maximum of ten (10) working days from the date of receipt of the product(s), on condition that the terms of Point 18 (below) are respected.

18. To exercise his or her right to cancellation, the Customer must inform Rosis S.N.C. of his or her intention to cancel within 10 working days of the date of receipt of the product(s). This intention must be communicated to Rosis S.N.C. in the form of a registered letter to the following address:

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Alternatively, the Customer must send a telegram or fax within 10 days, followed by a registered letter within a MAXIMUM of 48 hours of sending the telegram/fax. Once Rosis S.N.C. has received the cancellation request, its Customer Service team will provide the Customer with information on how to send back the package(s) within 10 days of receipt of authorization to return the order.

19. The right to cancel the order is subject to the following conditions:

· the right applies to the purchased product in its entirety – the right to cancel cannot be exercised in relation to only a part of the purchased product
· the purchased product must be complete and in its original packaging (including any packaging materials, documentation and accessories supplied, such as manuals, cables, etc.) when returned; to limit damage to the original packaging, we recommend that the package be placed inside a second box; no stickers or tape should be applied to the original packaging
· in accordance with current Italian legislation, the Customer must pay the shipping costs involved in returning the product to Rosis S.N.C.
· until we have actually received the package(s) being returned at our warehouse, the return shipment remains entirely the responsibility of the Customer
· should the product(s) be damaged in transit when being returned, Rosis S.N.C. will inform the Customer of the damage (within 5 working days of receipt of the product(s) at our warehouse) to allow the Customer to make a claim against the courier that he or she chose to return the package(s) and to be reimbursed to the value of the item(s) (if insured); in such cases, the item(s) will be made available to the Customer and the cancellation request will be voided 
· Rosis S.N.C. may in no way be held liable for damage or theft/loss of any items that are shipped to it without insurance.

20. With the exception of any costs for the repair of damage to the original packaging, Rosis S.N.C. will reimburse the Customer the full amount already paid, and will do so via credit card transaction or bank transfer within 14 days of the return of the item(s). In the case of a bank transfer, the Customer will be responsible for providing us with the bank details he or she would like us to use to make the reimbursement (if you are in Italy, please supply the ABI/CAB/CIN details of the current account of the person to whom the order was billed, whereas if that account is located outside Italy, please supply the IBAN and BIC codes).

21. The right to cancel on the basis of damage to the returned package and/or its contents is not applicable if Rosis S.N.C. ascertains any of the following:

- that the product is missing its original external and/or internal packaging
- that integral parts of the product are missing (accessories, cables, manuals, components, etc.)
- that the damage to the item(s) was not incurred during transit but is due to some other cause. If the right to cancel is rejected, Rosis S.N.C. will return the purchased item(s) to the Customer, who will be billed for the shipping costs.

Warranties

22. All products sold by Rosis S.N.C. are covered by the standard manufacturer's warranty and by a 24-month warranty for inherent defects, in accordance with the terms of Italian Legislative Decree No. 24/02. To exercise their rights under the warranty, Customers should keep their invoice (or delivery documentation) and/or the tax receipt.  

23. In accordance with the terms of Italian Legislative Decree No. 24/02, the 24-month warranty applies to any product that has inherent defects, on condition that the product itself has been used properly, for its intended purpose as described in the enclosed technical documentation. In such cases, and only until the expiry of the contract, Rosis S.N.C. will endeavor to correct the defect either by repair or replacement (at no charge to the Customer) or by reducing the price.

Court of jurisdiction

Without prejudice to the applicable consumer-protection legislation (as defined in Article 1, section "b" of Italian Legislative Decree No. 185 of May 22, 1999), the resolution of all disputes arising out of the General Conditions of Sale described herein will be the exclusive responsibility of the Court of Verona.

In accordance with the terms of Articles 1341 and 1342 of the Italian Civil Code, the Customer declares that he or she has read, understands and accepts the clauses of the General Conditions of Sale cited in this document.