Terms and conditions

Index

  1. Definitions
  2. Object
  3. Conclusion of the Sale and Purchase Agreements
  4. Availability of Products
  5. Price and shipping costs
  6. How to send Orders
  7. Terms of payment
  8. Shipping and delivery of Products
  9. Right of withdrawal
  10. Defects / discrepancies of the Products
  11. Privacy
  12. Errors and/or inaccuracies in the Online Shop
  13. Intellectual property
  14. Applicable law
  15. Contacts

1. Definitions

The terms and locutions listed below have the meaning indicated below, it being understood that the terms defined in the singular are also defined in the plural and vice versa.

  • Customer: means any subject (natural or legal person) who purchases one or more Products through the On-Line Shop, accepting the General Conditions.
  • Company: means ROMBO SRL with registered office in VIA EMILIA, 102 – 47923 RIMINI (RN), company that owns the Saraghina Eyewear brand and licensee for the retail sale of Products through the On Line Shop.
  • Parties: means jointly Company and Customers.
  • General Conditions: means these general conditions of sale and any future new versions that may be published in the Online Shop by ROMBO SRL
  • On Line Shop: means the virtual shop, managed by and accessible via the URL http://shop.saraghinaeyewear.it , through which it is possible to purchase the Products.
  • Sale and Purchase Agreements: means the sale and purchase agreements for the concluded Products, pursuant to art. 3., between and Customers through the On Line Shop.
  • Orders: means purchase orders for Products sent by Customers, in accordance with the General Conditions and following the procedure set out in art. 6.
  • Order Confirmation: means the e-mail message through which the acceptance of Orders is communicated to Customers.
  • Price: means the sale price of the Products as indicated in the On-Line Shop in correspondence with the Products themselves.
  • Products: means the products published in the On-Line Shop for the purpose of their sale.
  • Profile: means the area of ​​the Online Shop in which Customers can, after authentication: (i) view and modify their personal data and the addresses where the Products covered by the Orders must be shipped and delivered; (ii) view previous Orders; (iii) access any other specific function related to their activity in the Online Shop.

2. Object

2.1 The General Conditions govern all the Sale and Purchase Agreements and form an integral part thereof.
2.2 It reserves the right to modify the General Conditions at any time, it being understood that those published in the Online Shop at the time the Orders are sent by the Customers will be considered applicable to the Sale and Purchase Agreements.
2.3 In the event of a conflict between the General Conditions and any other terms and conditions relating to the Purchase Agreements published in the On-Line Shop, the most favorable terms and conditions for Customers will apply.

3. Conclusion of the Sale and Purchase Agreements

3.1 It undertakes to send the Order Confirmation to the Customers within 2 working days of receiving the Orders from the Customers.
3.2 The Sale and Purchase Agreements are understood to be concluded between the Parties when the Customers receive the Order Confirmation. If the Customers do not receive the Order Confirmation within the term indicated in art. 3.1, the relevant Order shall be considered rejected by and, therefore, ineffective.
3.3 By sending the Orders, the Customers declare that they have read all the instructions relating to the method of purchasing the Products pursuant to art. 6 and that I have fully accepted the General Conditions as well as that I have read all the additional information contained in the On-Line Shop, also referred to via links.
3.4 The Orders will be filed in the Online Shop database, according to the methods and in compliance with the provisions of Legislative Decree 06.30.2003 n. 196 ("Privacy") and will be accessible by contacting the references referred to in art. 16 or by accessing the Profile.

4. Availability of Products

4.1 Without prejudice to the provisions of art. 4.6, for each Product published in the Online Shop, indicate whether it:
(i) is available at its warehouses;
(ii) is not available in its warehouses;
(iii) is available "upon request";
(iv) is "customizable".
4.2 The type of Products published in the On-Line Shop and their availability may vary at any time without implying any liability for ROMBO SRL towards the Customers.
4.3 The indication relating to the availability of the Products is not binding, it being understood that the Products indicated as "not available" pursuant to art. 4.1 (ii) cannot be ordered by Customers. In the event of unavailability of a Product indicated as available at the time the Order is sent by a Customer, without prejudice to the provisions of art. 3.2, ROMBO SRL undertakes to indicate to this Customer, in a subsequent communication by e-mail, the indicative times foreseen for a new availability of the Product/s object of the Order sent by the Customer. The Customer can withdraw the Order within 48 hours of receiving this communication from ROMBO SRL (without prejudice to the right of withdrawal pursuant to art. 9) by sending an e-mail message to the address specified in art. 15. In this case he undertakes to refund the Price as soon as possible.
4.4 If in correspondence with a Product there is the indication available "upon request" it means that such Product, at that moment, is not available in the warehouses of but that it will be care to order it from the central warehouses of ROMBO SRL after the Customer ordered it from ROMBO SRL.
4.5 If in correspondence with a Product there is the indication "customizable" it means that this Product can be modified/adapted/customized according to the specific requests of the Customers. In this case, Customers must specify their requests in the space provided when placing the Orders. After sending the Order Confirmation, he undertakes to communicate to the Customers, by e-mail, the deadline for the shipment of the customized Product. While undertaking to do everything in its power to ensure compliance with this deadline, the same is to be understood as merely indicative and does not imply any constraint for ROMBO SRL;
4.6 ROMBO SRL reserves the right not to indicate the availability of or some Products published in the On-Line Shop.

5. Price and shipping costs; taxes and duties

5.1 The Price is expressed in € (Euros). The applicable Price is the one published in the Online Shop at the time the Orders are sent by the Customers.
5.2 The Price is inclusive of VAT (22%) if the Products are shipped by ROMBO SRL and delivered within the European Union. If the Products are shipped by ROMBO SRL and delivered outside the European Union, the Price does not include VAT.
5.3 The Price does not include shipping costs. It reserves the right to ask Customers for a contribution towards shipping costs which may vary according to the type of delivery, the quantity of Products to be delivered, their volume, their weight and their destination.
5.4 The contribution required for shipping costs is indicated, separately from the Price, before the Customers send the Order and will be paid by the Customers together and simultaneously with the payment of the Price according to the methods set forth in art. 7.
5.5 Any taxes, duties, and other charges established by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of the Products, directly to the competent tax or customs authorities or to the appointed courier of the delivery.
5.6 Unless otherwise indicated, the discounts and promotions on the site cannot be combined with each other

6. Methods of sending Orders

6.1 In order to proceed with sending the Orders, Customers are required to register in the Online Shop by entering all the "mandatory" data and choosing a password to send the Orders and to access their Profile, even at a later time.
6.2 Customers can purchase the Products by selecting them in the section of the On-Line Shop dedicated to the type of Product they are looking for and placing them in the "cart". Once the choice of Products has been completed, the Customers must, if they have not already done so, proceed with the registration pursuant to art. 6.1 or, if already registered, they must authenticate themselves by entering their e-mail address and password in the spaces provided and click on "proceed to checkout". Once the correctness of the data relating to the selected Product/s and the "shipping information" has been verified, the Customers must choose the payment method pursuant to art. 7. Choosing the method of payment, Customers can proceed with sending the Orders by clicking on "send".
6.3 The order as a "guest" is allowed: the data provided by the Customer when sending the order will not be memorized, but used only for processing the order; any sending of other orders by the Customer, even if in the same session, will require the insertion of their data again.

7. Methods of payment

7.1 Customers can pay the Price and the contribution for shipping costs pursuant to art. 5 by PayPal, or other means of payment which may be indicated by ROMBO SRL in the On Line Shop. It reserves the right to vary, at any time, the means of payment that can be used by the Customers, it being understood that those published in the On-Line shop at the time the Orders are sent by the Customers will be understood to be usable.
7.2 In case of payment via PayPal, at the time the Orders are sent by the Customers, the Web session will be transferred to PayPal's secure website. On this website, Customers can complete the payment of the Price and the contribution for the shipping costs referred to in art. 5 using their PayPal account and according to the conditions of use of the PayPal service signed by the Customers at that time or previously. The debit of the Price and of the contribution for the shipping costs pursuant to art. 5 on the Customer's PayPal account takes place at the same time as ROMBO SRL sends the Order Confirmation.
7.3 If requested by the Customers together with the sending of the Orders, ROMBO SRL will send the Customers a regular invoice, by e-mail or post. For the purpose of issuing the invoice, the information provided by the Customers shall prevail. No variation of the invoice will be possible after its issue by ROMBO SRL
7.4 The information received from pursuant to this article 7 will be used exclusively to complete the procedures relating to the sale of the Products and for the reimbursement procedures in case of exercise of the right of withdrawal pursuant to art. 9. by Customers.

8. Shipping and delivery of Products

8.1 Given that "shipping" of the Products by ROMBO SRL means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, is not required to ship the Products until it has received payment of the Price (except for cash on delivery); once payment of the Price has been received, it undertakes to ship the Products:
(i) in the case of available Products (as defined in Article 4.):
- within 5 working days of receipt of the debit authorization communication pursuant to art. 7.2 when paying by PayPal;
(ii) in the case of available Products which have become unavailable (as defined in art. 4.3), within 3 working days from the moment in which such Product or such Products are available again in the ROMBO SRL warehouses, without prejudice to the Customer's right to withdraw the Order pursuant to the same art. 4.3;
(iii) in the case of Products "on request" (as defined in art. 4.4.), within 3 working days from the moment in which they are available in the ROMBO SRL warehouses;
(iv) in the case of "customized" Products, (as defined in art. 4.5.), within 3 working days from the moment they are available in the ROMBO SRL warehouses;
(v) in the event that the availability of one or more Products is not indicated (as per the option referred to in Article 4.6) and the Products are available in the ROMBO SRL warehouses at the time the Order is sent by the Clients:
- within 3 working days of receipt of the debit authorization communication pursuant to art. 7.2 when paying by credit card;
(vi) in the event that the availability of one or more Products is not indicated (as per the option referred to in Article 4.6) and the Products are not available in the ROMBO SRL warehouses at the time the Order is sent by of Customers, within 3 working days from the moment the Products are available at the ROMBO SRL warehouses.
8.2 The shipment of the Products is guaranteed, in the States indicated in the On-Line Shop, by express couriers selected from time to time according to the Product object of the Order and the place of destination. The Products are shipped by ROMBO SRL, and delivered by the courier selected by ROMBO SRL, to the address indicated by the Customers at the time of registration pursuant to art. 6.1 or to a different address indicated when the Order was sent.
8.3 It undertakes to do everything in its power to ensure that the Products shipped pursuant to articles 8.1 and 8.2 are delivered by selected couriers:
- in Italy within 48 hours from the shipment date;
- outside Italy within 15 days from the date of shipment.

8.4 The delivery terms pursuant to art. 8.3, cannot, in any case, be considered binding and ROMBO SRL, not being able to directly control the deliveries of the Products after their shipment, cannot be held responsible in any way for their non-compliance.
8.5 In order to allow Customers to follow the status of the Orders, an Order number is generated which, inserted in the "My orders" section - accessible from all pages of the On-Line Shop - allows you to check all the information relating Yes, sir.
8.6 Customers can also check the status of the Orders thanks to the online "Order Tracking" function provided by the courier chosen for delivery. This verification can be carried out by the Customers only after the shipment of the Products and using the tracking data communicated by e-mail or by accessing the Profile.
8.7 Customers, or other subjects appointed by Customers who are at the address indicated for the delivery of the Products in the Order Confirmation, are required to verify, at the time of delivery, that:
(i) the Products correspond to what is indicated in the courier's transport document (DDT) both in terms of number and type;
(ii) the packaging/package of the Products is intact, not damaged, wet or otherwise altered, even in the sealing materials.
8.8 Any damage to the packaging/packaging of the Products must be immediately contested by the Customers by affixing a written control reserve on the courier's proof of delivery. It is understood that, once the courier's document has been signed without any objection, the Customers can no longer raise any objection with reference to the external characteristics of what was delivered.
8.9 The Products can be delivered by couriers only to Customers or to persons authorized by them; the person to whom the Products are delivered must affix a signature to certify the delivery. Couriers do not deliver to post office boxes or by placing the Products in letterboxes or other similar places.

9. Right of withdrawal

9.1 If the Customers are "consumers" (ie a natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out), the Customers have the right, pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the Sale and Purchase Agreements within 30 days from the date of receipt of the Products covered by the Sale and Purchase Agreements. The right of withdrawal must be exercised by customers by sending a written communication, by e-mail to the address indicated in art. 15., containing:
(i) the manifestation of willingness to exercise the right of withdrawal;
(ii) the indication of the Order that gave rise to the Sale and Purchase Agreement from which they intend to withdraw.
9.2 In case of exercise by the Customers of the right of withdrawal pursuant to this art. 9.:
(i) Customers undertake to return the Products within 10 working days from the date of the notice of withdrawal pursuant to art. 9.1;
(ii) all costs associated with returning the Products are entirely borne by the Customers;
(iii) undertakes to reimburse the Price in the shortest possible time, and in any case within 30 days from the date of receipt of the notice of withdrawal pursuant to art. 9.1, provided that:
- the Products have been returned and are intact;
- the original packaging/packaging of the Products is also returned and is intact;
- any accessories, instruction manuals, etc. are also returned and are intact;
- the tax receipt sent with the purchase is returned;
- the Products have not been used;

(iv) will communicate to the Customers the methods of reimbursement of the Price and may, for this purpose, ask the Customers for their bank details (IBAN and current account holder).
9.3 If the Customers exercise the right of withdrawal in a way that does not comply with the terms and conditions set out in this article 9, and in particular if they do not return the tax receipt proving the purchase, the Customers are not entitled to a refund of the Price.

10. Defects / discrepancies of the Products

10.1 If the Products present a guarantee recognized by the manufacturer of the same (commercial / conventional guarantee), any defects/non-conformities of the Products must be reported by the Customers directly to the manufacturer according to the methods and terms indicated in the guarantee itself.
10.2 "Consumer" Customers (as defined in art. 9.1) can request from the seller, within the term set out in art. 132 of Legislative Decree 206/05 (Consumer Code), the remedies provided by the same Consumer Code for defects in conformity of the Products existing at the time of delivery of the goods.

11. Privacy

11.1 ROMBO SRL declares and guarantees that the Customers' personal data will be treated in accordance with the provisions of Legislative Decree 196/03, and subsequent amendments. The details relating to the methods of data processing are communicated to customers at the time of registration pursuant to art. 6.1 or 6.2. More information is available on the privacy policy page.

12. Errors and/or inaccuracies in the Online Shop

12.1 It undertakes to constantly check the Online Shop in order to avoid errors or inaccuracies. However, it is possible that the Online Store contains, or may contain, errors, inaccuracies or omissions over time.
12.2 It therefore reserves the right to correct errors, inaccuracies or omissions contained in the Online Shop even after an Order has been sent and also reserves the right to change or update information at any time without prior notice to Customers.

13. Intellectual Property

13.1 All intellectual property rights connected to the Online Shop (including the contents) are the exclusive property of and/or ROMBO SRL; The Online Shop and its contents may not be reproduced either wholly or partially, transferred by electronic or conventional means, modified, connected and used for any purpose without the prior written consent of ROMBO SRL.

14. Governing Law

14.1 The General Conditions and the Sale and Purchase Agreements are governed by Italian law (and in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to 67 governs remote contracts - and by Legislative Decree 70 of 09/ 04/2003 on electronic commerce) and must be interpreted in the light of this.
14.2 For any dispute that may arise in connection with the General Conditions and/or the Sale and Purchase Agreements, the Court of Rimini will have exclusive jurisdiction.

15. Contacts

15.1 For further information and assistance on the On-Line Shop or on the methods of purchasing on the On-Line Shop or on the Sale and Purchase Agreements, Customers can contact our customer service department by writing to: support@saraghina.it or by letter to the address of listed below: ROMBO SRL – VIA EMILIA, 102 – 47923 RIMINI (RN).