TERMS AND CONDITIONS
- 1.1 The sale of the products (hereinafter the “Products”) offered on our website www.rosamosario.com (hereinafter the “Website”), featuring the “Rosamosario” trademark (hereinafter the “Trademarks”) is regulated under these general sales conditions (hereinafter the “General Sales Conditions”).
- 1.2 Rosamosario reserves the right to apply, to one or more orders (hereinafter the “Order”) specific contractual conditions, reported in the order summary before the sale is confirmed by the Customer and made final (hereinafter the “Specific Provisions”). In such case, the applicable contractual conditions applicable to the single Order shall be both the General Sales Conditions as well as the Specific Provisions. Should there be any discrepancies between the General Sales Conditions and the Specific Provisions, these latter shall be intended to prevail over the former for any of the aspects specifically referred therein.
- 1.3 The Products shall be sold directly by M.O.V. Srl /Rosamosario, a company duly organized under the laws of Italy, and with legal headquarters in Via A. Lecchi, 10, 20123 Milan, Italy, and Taxpayer Identification Code, Company Register Registration Number, and VAT Code No. 01878880226 (hereinafter “Rosamosario”).
- 1.4 Rosamosario may at any moment modify or amend the present General Sales Conditions. The modifications shall be effective as of the moment they are published onto the Website, without prejudice to any Orders already accepted by Rosamosario, which shall continued to be regulated exclusively under the General Sales Conditions and Specific Provisions being valid at the closing of each Order.
SALES POLICY - SALES AND PRODUCT DELIVERY LIMITATIONS
- 2.1 The Products featured on the Website are offered to natural persons who act for purposes that do not fall within the scope of a business, industrial, or professional activity (hereinafter the “Clients”).
- 2.2 In consideration of the above, Rosamosario reserves the right to reject any orders originated by persons other than the Clients, and to provide, for each category of Products, a maximum number of purchasable items.
- 2.3 The Customer acknowledges and accepts that the Products may be delivered exclusively to the Countries included in the list found in the “Delivery and Invoice Methods” section of the Website. The invoice and shipment address must be within the same country.
- 2.4 All the communications to the Customer will be sent by Rosamosario to the e-mail address provided by the Customer in the registration form or during the final purchase phase if the Customer is accessing the Website as a guest. Any modifications to such address must be communicated without delay to Rosamosario in writing.
- 3.1 Each Product offered for sale is described and shown on the Website, featuring photos of the Products, their price per unit, including VAT, and the various colours and sizes, shapes and/or formats available (where applicable).
- 3.2 Some Products may be visualized on the Website exclusively for advertisement purposes. Such Products are not for sale and cannot be purchased.
- 3.3 Even though Rosamosario adopts measures and precautions to ensure that the photographs shown on the Website are faithful reproductions of the Products, some variations may occur due to the technical characteristics and the colour resolution that the Clients uses to access the Website. Consequently, the images and the colours of the Products offered for sale may, in some cases, not match the real ones. The images and colours, thus, must be considered as indicative and as an example only. Rosamosario shall thus not be responsible for any Product failing to match the images and colours shown on the Website for the above reasons.
- 3.4 In order to complete each Order for the Products selected, the Customer must carefully follow the instructions and procedures provided on the Website.
- 3.5 The Customer must verify all the details of each Order before confirming the Order, entering all the information required on the Website. Before completing each Order, the Customer shall be asked to confirm to have read and to accept the Order. Should the Customer office decline to accept the contents of the Order or the General Sales Conditions, the Order cannot be completed.
- 3.6 Before the final confirmation, the Order may be modified or corrected. Once confirmed, the order may not be modified, but only cancelled.
- 3.7 Upon completing the purchasing procedure, the Customer is advised to download, save, or print all the conditions relating to the Order, including the Terms and conditions applicable at the time the Order is completed. The Customer shall also receive an e-mail (hereinafter “E-mail”) confirming that the Order was received, and a summary of the information already reported in the Order form (i.e., Customer data, delivery options and address, indication of the model, colour, and size/dimension of the Products selected, the price applicable and delivery fees).
- 3.8 The order status may be monitored by the Client, by calling the Customer Care phone number (hereinafter “Customer Care”) provided in the Website in the “Contact us” section.
PRICES AND PAYMENT PROCEDURE
- 4.1 The Prices of the Products indicated in the Website are expressed in Euro, US Dollars and UK Sterlings and include VAT, excluding local customs and duties.
- 4.2 The total amount of each Order shall also include any applicable delivery fees, calculated according to the specifications listed under Article 7 “Delivery fees”.
- 4.3 Rosamosario reserves the right to modify the prices for the Products offered for sale at any time and without notice. Such modifications shall be valid starting on the moment they are published on the Website, without prejudice to any Orders already confirmed by the Client, for which the prices applicable at the time each Order was concluded shall continue to be valid.
- 4.4 The Products may be paid exclusively via credit card. The accepted credit card types are indicated in the Website’s “Payment Methods” section.
- 4.5 The payment operations through credit card shall be governed by the rules and regulations adopted by each single credit card circuit, including with regard to any spending limits.
- 4.6 The confirmation that each Order was successfully concluded shall take place only after the credit card data have been confirmed and the payment has been authorized by the Client’s credit card issuer.
- 4.7 It is expressly understood and acknowledged that, as each Order is forwarded to the appropriate Rosamosario department, the Client receives an e-mail to confirm that the Order has been processed, and the confirmation that the Products have been shipped for delivery.
- 4.8 The credit card data shall be handled with outmost privacy, directly by the credit card circuit administrator. Rosamosario is not responsible for any fraudulent and illegal credit card activity by any third party upon payment of the products purchased through the Website www.rosamosario.com. On such regard Rosamosario reserves the right to cancel any transaction and cancel any Orders in case such activity should be reported to Rosamosario. In order to ensure greater security, additional information or documents may be requested, without which Rosamosario reserves the right to deny the transaction.
- 5.1 The Customer acknowledges that the supply of Products offered on the Website is limited.
- 5.2 On occasion, one or more Products may not be available. In such case, Rosamosario shall inform the Customer via e-mail, within 20 days of the date of completion of the Order.
- 5.3 Should none of the Products ordered by the Customer be available, the Customer Care office shall send an e-mail to the Customer to inform them that the Order cannot be processed and that Rosamosario shall annul the relative Order. In such case, no charge shall be made to the Customer’s credit card.
SHIPMENT AND DELIVERY
- 6.1 Rosamosario undertakes to process each confirmed Order within 24 working days, starting on the working day following the day in which the Client transmitted the Order. During seasonal sales and when the company is closed, the delivery times indicated above may be delayed.
- 6.2 As soon as the Products are dispatched, the Client is informed via e-mail.
- 6.3 The Customer Care Office is available to Customers to provide assistance as to the Order status and for any issues relating to shipment or delivery. The service, nonetheless, may suffer delays and/or interruptions during the periods in which the company is closed.
- 6.4 The Customers must check the Products immediately upon delivery, to confirm their compliance with the Order, ensure that none of the ordered Products are missing, and report any manifest defects in the Products.
- 6.5 If the Customer has signed the delivery slip without reservations, the Customer may not move any claims at a later time, without prejudice to the provisions of Article 9 relating to hidden defects.
- 6.6 In case of failure in the Products’ delivery, or should the delivery slip contain a report of missing articles as compared to the Order, Rosamosario shall reimburse the Customer as quickly as possible.
SHIPPING: DELIVERY, TRANSIT TIMES AND CUSTOMS FEES
- 7.1 The delivery fees are shown, together with all the other costs relative to the purchase, upon conclusion of the procedure to fill each Order, and before the final confirmation.
- 7.2 FREE shipping on all orders at full price and FLAT COSTS on Sales/Discounted Items.
- 7.3 Non-European countries will be shipped on a Delivery Duties Unpaid basis. All duties and taxes are the responsibility of the Customer and if any reason the Customer refuse delivery, the Customer will still be charged the duties and taxes. The purchased item will be returned to Rosamosario and the Customers will be directly charged for the unpaid duties and taxes along with the additional shipping costs.
- 7.4 Transit times will differ between 2 to 6 working days.
- 7.5 The preparation and delivery of an order requires up to 1 week in any case. It's fair to estimate 1-2 weeks from the moment of the order to actual delivery to destination.
RIGHT OF WITHDRAWAL - RETURNS
- 8.1 The Customer has the right to withdraw, in whole or in part, each Order, without any penalties and without having to specify the reasons thereof, by and no later than 14 days from the day the Products are received. After such 14-day term, the Order may no longer be withdrawn.
- 8.2 In case of exercise of such right to withdraw, the Customer must return, within the above period, the Products to Rosamosario, handing them to a courier together with the return form (hereinafter, “Return Form”) included in the Products package, duly filled out. The Products must be in their original state and packaging, with their tag still attached (where applicable). Should the Customer fail to do so, the withdrawal shall not be deemed to have been validly exercised.
- 8.3 To return the Products, the Client may use Rosamosario courier, and in this case all shipment costs shall be borne by Rosamosario. All the information is contained in the Return Form, found inside the packaging of the Products. It is understood that the Client may use other couriers, and in this case all shipment costs shall be borne by the Customer. In the latter case all transport risks shall be borne by the Customer.
- 8.4 If the right of withdrawal is not exercised as above indicated, Rosamosario shall not accept the returned Products, and send the Products back to the Customer without any additional shipment costs.
- 8.5 Should the right of withdrawal be validly exercised, Rosamosario shall re-credit the amounts charged for the Products being returned – net of any shipment costs – as quickly as possible, and in any case within 14 days of the date of receipt of the Products.
- 8.6 The above amounts shall be considered reimbursed within the prescribed term when they are re-credited with value date not preceding the expiry of said 14-day term. Rosamosario may not, in any case, be deemed liable for any delays in the actual re-credit which may be attributable to the Banking Institution and/or the provider of the credit card used to purchase the Products.
LIABILITY OF THE PRODUCTS' HIDDEN DEFECTS
- 9.1 Without prejudice to the provisions of Article 6 above, Rosamosario is liable for any defects of the Products.
- 9.2 Upon sale of the Products the legal warranties provided under the Italian law, and particularly Articles 129, 130, and 132 of the Italian Consumer Code shall apply. The Customer has a right to have the Products restored to their original specifications, at no cost, through repair or replacement, or, in case either would not be possible, to a reduction corresponding to the price of the Product, or cancellation of the Order.
- 9.3 Customers are no longer entitled to such rights if they fail to report the defect to Rosamosario within the term of two months from the date when the defect was noted. Any action to enforce any rights relating to hidden defects expires, in any case, at the end of twenty-six days from the day of delivery of the item.
- 9.4 The costs connected to the return of any defective Products shall be borne entirely by Rosamosario.
- 9.5 For the purpose of returning any defective Products, the Customer must inform, via telephone or e-mail (firstname.lastname@example.org), the Customer Care office, which shall activate a practice, sending the Customer a code that must be reported in the Return Form included in the Products packaging.
- 9.6 The Customer must return to Rosamosario the defective Products, handing them to the courier to be shipped, together with the Return Form included in the Products packaging, duly filled out.
- 9.7 The Products must be returned in their original state and packaging, with their tag still attached (where applicable).
- 9.8 If the Products are not returned in compliance with the process and terms above indicated Rosamosario shall decline to accept the returned Products, and send them back to the Customer at no added shipping cost.
- 9.9 To return the defective Products, the Customers may use the DHL courier, and in such case all shipment costs shall be entirely borne by Rosamosario. All the information regarding this process is contained in the Return Form included in the Products’ packaging. It is understood that the Customers may choose to use other couriers. In any case all shipment costs shall be entirely borne by Rosamosario.
- 10.1 Pursuant to and by the effects of Article 59 c), of Legislative Decree No. 206 of September 6, 2005 (“Consumers Code”), the right of withdrawal, cancellation, or return is excluded in case of Orders relative to tailored or clearly custom-made Products.
- 10.2 The payment for the customized Products must be completed before shipment.
- 10.3 The customized products shall be delivered within the terms indicated in the Order.
APPLICABLE LAW AND DISPUTES
- 11.1 The Orders and these General Sales Conditions are regulated under the laws of Italy and shall be interpreted based on such laws.
- 11.2 Any disputes relating to the Orders and/or these General Sales Conditions must be submitted before the Court having jurisdiction over the place of domicile or residence of the Customer based on the applicable law, or, as chosen by the Customer, the Court of Milan, Italy.
- 12.1 For any additional information, assistance, or query, the Customers are invited to send an email to the following address: email@example.com, or to contact the Customer Care office of Rosamosario, Via Antonio Lecchi 10, 20143 Milano (MI) Italy – Phone: +39 02.365.36124.