These General Terms and Conditions of Sale (hereinafter the "General Terms and Conditions") have been drawn up in compliance with the provisions of the Civil Code, Legislative Decree no. 70 of 09.04.2003 on information society services and electronic commerce and Legislative Decree no. 206 of 06.09.2005 (the "Consumer Code"),
The Ciak Roncato - R Roncato brand products sold on the Site (- hereinafter the Site - hereinafter the Products, Product) are sold by Baulificio Italiano Sorelle Roncato Srl, with registered office in Via Tamagno 3 - 20124 Milan (MI) - Italy. Vat Number 05009820282 rea MI 2121505
Access to and use of the site are governed by the following general conditions of sale. Access to and use of this website, as well as the purchase of products or services, presume acceptance of these general conditions of sale by the user.
1) FIELD OF APPLICATION
1.1 The General Conditions apply to and govern all contracts of sale concluded through the Site www.ciakroncato.com, as identified above, hereinafter "the Seller"..
1.2 The General Terms and Conditions may be amended at any time, and each User should therefore consult them before making any purchase.
1.3 In any event, the version of the General Terms and Conditions in force on the date the purchase order is sent will apply to each sale.
1.4 The General Terms and Conditions apply irrespective of the User's nationality, provided that the products are to be delivered to one of the countries for which the Site provides an online sales service, as specified in point 2, and that this country corresponds to the country of registration of the User.
2) SHIPPING COUNTRIES
2.1 The purchase of Products through the Site is currently possible if shipment is to take place in the following countries:
Principality of Monaco
2.2 The Seller reserves the right to expand or restrict the list of countries referred to in Clause 2.1.
2.3 Delivery is also expected in the Territory of the Republic of San Marino and in the Vatican State;
3)PURCHASES ON THE WEBSITE - RESTRICTION
3.1 The purchase of Products on the Website is reserved exclusively for persons acting in their capacity as consumers and who are over the age of eighteen.
3.2 A consumer is any person who is acting for purposes which are outside his or her trade, business, craft or profession.
3.3 Purchases made through the Website imply the User's full knowledge and acceptance, without reservation, of the General Conditions.
4) INFORMATION CONCERNING THE CONCLUSION OF THE CONTRACT
4.1 To purchase online, the User must fill in the appropriate login form on the Website ;
4.2 It is forbidden for the User to enter data that is wholly or partially untrue; the personal data and e-mail address communicated must therefore be personal and real, and not those of third parties and/or fantasy.
4.3 The User, by filling in the login form, attests, under his sole responsibility:
i. the accuracy and truthfulness of the data required for service activation;
ii. to be 18 years of age or older;
iii. to act as a consumer.
4.4 Once the login form has been filled in, the User shall fill in an electronic order form prepared by the Seller and send it electronically, following the instructions indicated.
4.5 As required by law, before confirming the order, the Seller shall make available to the User all the information referred to in Article 49 of the Consumer Code; information relating to the right of withdrawal, in particular, is provided by means of the Standard Instructions on the right of withdrawal set out in Annex I Part A provided for by Article 1 paragraph 1 of Legislative Decree no. 21 of 21.02.2014.
4.6 As provided for in Article 51, paragraph 3 of Legislative Decree no. 206/2005, the function provided for placing the order contains the specification "Order with obligation to pay".
4.7 In order to complete each order, the User is required to confirm the economic transaction involving payment of the price of the Products placed in the shopping cart; to this end, at the end of the procedure for selecting the Products and confirming the User's data, the Site redirects the User to the page of the bank handling the economic transaction.
4.8 Orders that do not record the corresponding economic transaction are automatically cancelled.
4.9 Once it has received confirmation of the validity of the means of payment indicated in the order and confirmation of the same, the Seller shall send the User, by e-mail, to the e-mail address communicated during the login phase, a written confirmation of the order, as provided for by Article 51 paragraph 7 of Legislative Decree no. 206/2005.
4.10 The offer of Products through the Website constitutes an offer to the public pursuant to Article 1336 of the Italian Civil Code; the completion and correct sending of an order through the Website therefore implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller is aware of the User's acceptance, formalised by means of the above mentioned order form.
4.11 However, the Seller reserves the right not to accept the order in the event that payment by credit card is not authorised by the relevant operator.
4.12 Users may, at any time, check the status of their order by contacting Customer Service at +39 049 5564079 from Monday to Friday from 8.30 to 12.30 and from 14 to 18 (Italian time).
4.13 In any event, the User must always keep the order number communicated to him by the Seller, which must be indicated in any communication with the Seller.
4.14 The languages available to conclude a sales contract through the Site are Italian and English.
4.15 Once the online purchase procedure has been completed, the User undertakes to keep the General Terms and Conditions, which he will have already read and accepted, as an obligatory step in the purchase procedure.
4.16 In the event of non-acceptance of the order, the Seller shall promptly notify the User by e-mail.
5) CHOICE AND AVAILABILITY OF PRODUCTS
5.1 The Products offered for sale on the Site are luggage items, work bags and travel and leisure accessories, branded Ciak Roncato - R Roncato, present in the catalogue published on the Site at the time of the User's order.
5.2 The catalogue of the Products may be periodically updated by the Seller, who, therefore, does not provide any guarantee as to the permanence of a product among those available on-line; in no case does the Seller guarantee the availability of all sizes/versions for each item/colour in the catalogue.
5.3 In the catalogue of the Products, each product is accompanied by a descriptive sheet that illustrates its main characteristics; the images and colours of the Products in the descriptive sheets may not, however, correspond faithfully to the real ones, due to the settings of the computer systems or devices used by the User to view the Site. The images published, therefore, must be considered indicative and subject to normal tolerances of use.
5.4 In the event that, although selectable through the order form, the chosen product is not available, the Seller shall promptly notify the User by e-mail, proposing the termination of the sales contract, and the consequent refund of the price, including any shipping costs, if applied, if already paid.
6) PRICES, PURCHASE CONDITIONS AND PAYMENT METHODS
6.1 The sales prices are those published online at the time the order is placed and are inclusive of VAT, if applicable according to the country in which the Products are shipped; the prices are expressed in euros.
6.2 The prices shown in the online catalogue may be subject to change without notice. It is therefore the User's responsibility to ascertain the final price before placing the purchase order.
6.3 The Seller also reserves the right to apply different sales prices depending on the country of delivery of the Products.
6.4 Payment for the Products can only be made in the following ways:
- credit card (Visa, Maestro, Mastercard);
- Bank transfer;
6.5 The sales price is charged when the order is dispatched.
7) DELIVERY METHODS, COSTS AND OTHER CHARGES
7.1 The Products are delivered directly to the User at the shipping address specified by the User in the order.
7.2 The Website allows the User to request delivery of the Products to an address different from the User's own address, provided that this is within the User's country of residence as indicated at the time of login; in any case, it is the User's responsibility to provide all the references necessary for successful delivery (for example, if it is a third party's address, to specify the name on the doorbell/intercom at which delivery is to be made).
7.3 It is not possible to collect Products purchased through the Website directly from the Seller's warehouse.
7.4 Shipping costs and types may vary depending on the country and the shipping method chosen by the User.
7.5 These expenses and any additional costs are charged to the User. The relative amount shall be expressly and separately indicated in the order summary, before the User proceeds to transmit the same, as well as in the order confirmation e-mail referred to in Article 4.
7.6 Upon delivery of the Products to the courier, the User will receive a confirmation from the Seller by e-mail, which will expressly indicate the name of the courier used and the details of the shipment.
7.7 Delivery times for the Products vary depending on the countries of destination and the shipping methods chosen.
7.8 In Italy, delivery is expected within three to five working days; in countries other than Italy, delivery times vary depending on the shipping method chosen from those available.
7.9 Not all shipping methods provided by the couriers affiliated with the Seller are available for all countries in which the Products can be purchased online.
7.10 Both in Italy and abroad, the delivery procedure foresees that, in the event of the recipient's absence when the courier arrives, the person in charge will leave a notice, in order to perfect the shipment at a later date, which will indicate the contact details to arrange a second delivery.
7.11 You can always check the status of your order by contacting Customer Service at +39 049 5564079 from Monday to Friday from 8.30 am to 12.30 pm and from 2 pm to 6 pm (Italian time).
7.12 Delivery of the Products shall be deemed completed at the time when the consumer, or the third party designated by him and other than the carrier, takes physical possession of the goods; from that moment, as by law, the risk of loss of or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
8) USER'S OBLIGATIONS AT DELIVERY
8.1 The User acknowledges that taking back the Products is an obligation arising from the sales contract concluded with the Seller.
8.2 In the event of non-delivery due to the absence of the addressee during the attempts foreseen by the procedure applied by the courier, the package will remain in storage.
8.3 If the parcel is not collected by the deadline indicated by the courier in the notice left with the User, it will be returned to the Seller.
8.4. In the case referred to in paragraph 8.3, the contract shall be considered terminated by law pursuant to art. 1456 cc, with a simple communication of the Seller sent by e-mail to the User, and, therefore, the order to all effects will be canceled. Within 15 days of the above notice, the Seller shall then proceed to refund the total amount paid by the User for the Products, minus the costs of unsuccessful shipment, the costs of returning the Products to the Seller and any other expenses that the Seller has incurred due to non-delivery caused by the absence or inaction of the User in fulfilling his obligation to receive delivery.
8.5 The reimbursement due under Article 8.4 shall be credited to the same means of payment used by the User.
8.6 After the communication referred to in paragraph 8.4, the User who intends to request delivery of the Products shall necessarily proceed with a new order.
8.7. The Seller reserves the right to refuse orders from Users against whom the Seller has previously asserted the express termination clause referred to in point 8.4. for non-fulfilment of the obligation to receive delivery of the Products.
8.8 Upon receipt of the Products, the Customer shall verify their conformity with the order, paying particular attention to the following:
- the number of packages indicated on the carrier's letter corresponds to the number of packages actually delivered;
- the packaging is intact and not damaged or tampered with.
Any anomalies (such as, for example, tampering, damage to the package) must be specifically indicated in writing directly on the courier's transport document, and the User must refuse the delivery. At the same time, the User shall report the fact to the Seller's Customer Service, at the number +39 049 5564079 from Monday to Friday from 8.30 to 12.30 and from 14 to 18 (Italian time).
8.9 The User is therefore invited to sign the transport document only after the checks referred to in Article 8.8 have been carried out.
8.10 If the User does not proceed in accordance with the above points, and therefore accepts delivery of the Products even if the packaging is damaged or tampered with, the User shall forfeit the legal guarantee of conformity of the Products.
9) RIGHT OF WITHDRAWAL
9.1 The User, as a consumer, is entitled to withdraw from the contract of sale of the Products, as established by Article 52 of Legislative Decree no. 206/2005 (Consumer Code), without having to provide any explanation and without penalty.
9.2 The User may exercise withdrawal within 14 days from the time when the User, or a third party other than the carrier and designated by the User, acquires physical possession of the Products.
9.3 In the case of multiple goods ordered in a single order and delivered separately, the period referred to in Article 9.2 shall begin on the day on which the User, or the third party other than the carrier and designated by the User, acquires physical possession of the last good.
9.4 In the case of delivery of a good consisting of multiple lots or pieces, the period referred to in Article 9.2 shall begin on the day on which the User, or the third party other than the carrier and designated by the User, acquires physical possession of the last lot or piece..
9.5 Before the expiry of the period referred to in Article 9.1, the User shall inform the Seller of his decision to exercise his right to withdraw from the contract. To this end, the User may:
i) use the Standard Withdrawal Form, prepared in accordance with Annex I Part B of the Consumer Code, which was made available to him prior to the conclusion of the contract, as provided for in Article 49 paragraph 1 letter h) of the said Code, or submit to the Seller any other explicit declaration of his decision to withdraw from the contract, and send them by registered letter, or by fax or by e-mail, to the addresses already indicated in the Standard Instructions on the right of withdrawal received prior to the order.
ii) electronically complete and send the Standard Form of Withdrawal or any other statement, by email email@example.com; if the User chooses this option, the Seller shall promptly send him/her an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), as provided for in Article 54(3) of the Consumer Code.
9.6 The withdrawal period shall be deemed to be complied with if the withdrawal notice is sent before the expiry of the withdrawal period as determined above.
9.7 In the notice of withdrawal, the User shall specify the Products for which he intends to exercise withdrawal.
9.8 Upon receipt of notice of withdrawal, if timely, the Seller shall refund the User all payments received, including delivery costs, excluding additional costs if the User has expressly chosen a type of delivery different from the standard type of delivery offered by the Seller, without delay and in any case within 14 days from the day on which it is informed of the User's decision to withdraw from the contract; the refund shall be made using the same means of payment as that used by the User for the sale in relation to which the withdrawal was exercised.
9.9 The Seller shall be entitled to withhold the refund until it has received the Goods or until the User has demonstrated that he has returned the Goods, whichever is the sooner.
9.10 Once the withdrawal has been exercised, the User must return the Products, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw from the contract to the Seller, by sending them to the following address, already indicated in the Standard Instructions on the right of withdrawal set out in Annex I Part A provided for by Article 1, paragraph 1 of Legislative Decree No. 21 of 21.02.2014: Baulificio Italiano Sorelle Roncato Srl Via Tamagno 3 - 20124 Milano (MI) Italy
9.11 The direct costs of returning the Products shall be charged to the User exercising withdrawal.
9.12 For the sole purpose of complying with the return period, the Products shall be deemed to have been dispatched at the time they are handed over to the accepting post office or forwarding agent.
9.13 The Products must be returned in the original packaging in which they were received, including any ancillary documents such as tags, labels, seals, etc..
9.14 For the return of the Product, the User may use the postal service or a carrier of his choice.
9.15 All risks of loss of or damage to the Products during shipment to the Seller for return shall be borne by the User.
9.16 In accordance with Article 57(2) of the Consumer Code, the User shall be liable for any reduction in the value of the returned Products resulting from the handling of such Products other than what is necessary to establish their nature, characteristics and operation.
9.17 In the event that, upon receipt of the returned goods, the Seller discovers a decrease in the value of the Products attributable to the User, the Seller shall be entitled to offset the amount corresponding to the aforementioned decrease in value against the amount to be refunded to the User as a result of the withdrawal; in this case, the Seller shall notify the User within 14 days of receipt of the returned goods.
10) LEGAL GUARANTEE OF CONFORMITY
10.1 All Products marketed through the Site are covered by the legal guarantee of conformity established by articles 128 et seq. of the Consumer Code, applicable, in any case, only to consumers.
10.2 In accordance with the law, the Seller is obliged to deliver goods to the User in accordance with the sales contract.
10.3 The Seller shall be liable to the User for any lack of conformity of the Products existing at the time of delivery thereof, which becomes apparent within two years of delivery.
10.4. In order to benefit from the above guarantee, the User must report the conformity defect to the Seller within two months of its discovery, under penalty of forfeiture, by contacting Customer Service by email at firstname.lastname@example.org. The report must contain an accurate and complete description of the defects/faults complained of.
10.5 The Customer Service will acknowledge the User's communication and give instructions for the shipment of the defective product, which will be at the Seller's expense.
10.6 The Seller shall have the right to require the User to enclose the purchase invoice or other document certifying the date of completion of the sale to the Product for which the warranty is to be claimed.
10.7 If applicable, the legal guarantee of conformity entitles the User to have the Product repaired or replaced free of charge, at his/her choice, unless the remedy requested is objectively impossible or excessively expensive compared to the other available.
10.8 The User shall only be entitled to demand an appropriate price reduction or termination of the contract of sale if repair or replacement is impossible or unreasonably expensive, or if repair or replacement is not carried out within a reasonable period of time, or if repair or replacement causes considerable inconvenience to the User.
10.9 Under no circumstances shall a minor lack of conformity entitle the parties to terminate the contract.
10.10 Excluded from the conformity defects and, therefore, from the legal guarantee are any defects or damages caused by accidental events or by the User's responsibility or by use of the Products not in accordance with their intended use, or by normal wear and tear.
11.1 Users' data are processed in compliance with Legislative Decree 196/2003 (Privacy Code), as specified in the information note on the processing of personal data provided to the User when filling in the login form.
12) CUSTOMER SERVICE, COMPLAINTS AND COMMUNICATIONS
12.1. We provide the following contact details to which you may refer for any further information or assistance or to lodge complaints: Baulificio Italiano Sorelle Roncato Srl Via Tamagno 3 - 20124 Milano (MI) Italy
Fax: +39 049 9201444
Telefono: +39 049 5564079
12.2 All notices that pursuant to the General Terms and Conditions are made by e-mail will be sent to the address provided by the User when logging in.
13) APPLICABLE LAW AND COMPETENT COURT
13.1 The contract of sale concluded pursuant to the General Terms and Conditions shall be governed by Italian law.
13.2 Any dispute arising from the interpretation of the General Terms and Conditions and the execution of the contract concluded in accordance with them shall be settled by the Court of the place of residence or domicile of the User, if the User is a consumer resident or domiciled in Italy. If the User is not resident or does not have a domicile in the Italian territory, for any dispute that may arise between the Seller and the User regarding the interpretation of the General Conditions and the execution of the contract concluded pursuant to the aforementioned, in the case of an action brought by the Seller, the competent Court shall be the Court of Padua; in the case of an action brought by the User, the Court of Padua shall have exclusive jurisdiction.
GENERAL CONDITIONS OF PROMOTIONS
The offers cannot be combined with other current promotions.
Complimentary offers are available while stocks last.