GENERAL TERMS AND CONDITIONS
ROSA SRL UNIPERSONALE with registered office in VIA CESARE PAVESE 9 43029 TRAVERSETOLO, PR - Tel. 0521 841338, Fax 0521 341336
VAT NUMBER: 02050660345 Registered with the Parma Business Registry with R.E.A. [EAI] no. 206965 VAT No. 02050660345, is an exclusive licensee of the website
www.rosashop.it, hereinafter referred to as "Online Shop"
The terms and expressions listed hereunder shall have the meanings given below, it being understood that the terms in the singular are also considered defined in the plural, and vice-versa.
- Customer: is any person (natural or legal person) purchasing one or more Products from the Online Shop who accepts the terms and conditions.
- Parties: are ROSA SRL UNIPERSONALE and Customers jointly.
- General Conditions: are these terms and conditions and any new versions of the contract which may be published in the Online Shop by ROSA SRL UNIPERSONALE
- Online Shop: is the virtual shop, managed by ROSA SRL UNIPERSONALE and accessible via the website’s URL through which the Products are purchased.
- Contracts: is any contract entered into, pursuant to article 6, between ROSA SRL UNIPERSONALE and the Customers through the Online Shop.
- Order: is the contract proposal sent by the Customers when purchasing any Products, under the General terms and following the procedure set forth in Articles 5 and 6.
- Order Receipt: is the email message acknowledging that ROSA SRL UNIPERSONALE has received the Customer’s Order.
- Order Confirmation: is the email message with which ROSA SRL UNIPERSONALE informs the Customer that the Order has been accepted.
- Price: is the price of the Products in the Online Shop.
- Profile: is the area of the Online Shop where the Customers can, after authentication: (i) check and edit their personal data and addresses where the products, specified on the Orders, are to be shipped and delivered to; (ii) view previous Orders; (iii) access any other specific function relevant to their activity in the Online Shop.
- Consumer: according to the definition in Article 3, Italian Legislative Decree No. 206/2005, is a natural person acting for purposes outside his trade, business, craft or profession.
- Products: are the products offered in the Online Shop.
2.1 www.rosashop.it is an Online Shop selling food and beverages that are mainly produced by small artisan producers. It should be noted that the sale of alcoholic beverages is restricted to Customers who have reached the legal age
2.2 The General Terms and Conditions govern all Contracts entered into between the parties and constitute an integral part thereof.
2.3 The general terms and conditions may be amended from time to time, also in consideration of any regulatory changes. The new general terms and conditions shall be applicable from the date of publication on www.rosashop.it
3 CUSTOMER REGISTRATION
3.1 Customer registration is a procedure required to make an order. Upon registration, the Customer data are saved and at each LOGIN the system shall recognise and remember the data (only personal data and addresses) without there being the need to enter them each time.
3.2 The Consumer Customer who registers shall be asked to provide personal data (first name, surname, address, any shipping address, email, telephone number) required for conclusion of the Contract.
For a Non-Consumer Customer, all information deemed necessary for accurate identification will be required, especially: company name, VAT number, Tax Code, registered office address, any different shipping address, telephone number, and name of the company’s contact person.
3.3 Upon registration, the Customer shall enter his personal email address (which shall become the USER name) and choose a password at his free will.
3.4 After the registration process has been completed, a Welcome email shall be sent to the new Customer with the data needed to access his Profile.
4.1 The Price is expressed in € (Euro). The applicable Price is the one published in the Online Shop when the Customer sends the Order.
4.2 The Price includes VAT unless otherwise specified. The Non-Consumer Customers shall find in their respective personal accounts the required products excluding VAT and taxes.
4.3 The Price does not include shipping costs for which reference should be made to Articles 8 and 9.
4.4 The shipping cost is given separately from the Price, before the Customer sends the Order, and is paid by the Customer together with and at the same time as payment of the Price, according to the procedures set forth in Article 7.
4.5 Any taxes, levies, duties and other charges, set forth by the laws of the State where the Products are shipped and delivered, shall be entirely borne by the Customer and paid upon delivery of the Products, directly to the competent tax or customs authorities, or to the courier in charge of the delivery.
5. SHOPPING BASKET
5.1 The shopping basket allows the Customer to promptly check the products added therein, together with the unit cost including VAT. The Customer can decide the quantities to be purchased for each type of product chosen, or remove one or more products from the shopping basket that he no longer wishes to purchase.
5.2 Once the desired products have been put into the shopping basket, they can be purchased and the payment method can be chosen, together with the shipping mode. Before completing the transaction, some data required to identify the Customer shall be requested. Data for a different addressee can also be entered for delivery. Any registered Customer can immediately access the website and place an order simply by clicking on LOGIN.
5.3 Before proceeding with the order transaction, the Customer shall be asked to check and correct any data entry errors.
5.4 Once the order has been completed, the Customer shall receive a copy of said order by email, which shall include any basic information relevant to the purchased Product, details of the price, terms of payment, and delivery costs.
6. CONCLUSION OF THE CONTRACTS
A contract is settled through the following steps:
6.1 By placing an Order, the Customer sends a proposal to ROSA SRL UNIPERSONALE to purchase the selected product or products. Sending the proposal is deemed as consenting, pursuant to the law, to receive further communications from ROSA SRL UNIPERSONALE as described below, intended exclusively for the conclusion and execution of the contract.
6.2 ROSA SRL UNIPERSONALE shall send an Order Confirmation to the Customer with an "Order Number", which is to be specified on all further communications with ROSA SRL UNIPERSONALE. The Order Confirmation shall indicate all the data relevant to the purchase, specifically: Products with information on their main features, Product Prices, Delivery costs and applicable Taxes; payment methods; the Customer’s personal data and contact details and the links through which the Customer can check the order; the date by which ROSA SRL UNIPERSONALE shall deliver the products. There will also be a summary of the general terms and conditions applicable to the contract, including instructions on its termination. The abovementioned Order Confirmation shall be kept by the Customer and, in any case, a printed copy thereof shall be sent by ROSA SRL UNIPERSONALE when the Products are delivered.
6.3 The Contracts are deemed concluded between the Parties when the Customer receives the Order Confirmation indicating the order number. ROSA SRL UNIPERSONALE declines any liability and is exempted from any right to compensation and/or compensation of the Customer for the failure and/or incorrect and/or incomplete receipt of the Order Confirmation email due to causes not attributable to ROSA SRL UNIPERSONALE but resulting, for example, from the Customer’s negligence or the absence of electronic devices used by the Customer.
6.4 By sending the Orders, the Customer declares to have read all instructions relevant to the Product purchasing method, accepted in full the General Terms and Conditions, and read all additional information given in the Online Shop, also through the referral links.
6.5 The Orders are saved in the Online Shop database, according to the procedures and under the provisions of the Italian Legislative Decree dated 30.06.2003, no. 196 ("Personal Data Protection Code"), and are accessible either by contacting ROSA SRL UNIPERSONALE at the address in the header of these general terms and conditions or by logging in to your Profile.
6.6 ROSA SRL UNIPERSONALE reserves the right to not process any purchase order that does not provide sufficient solvency guarantees, or results as incomplete or incorrect, or if the product is unavailable.ROSA SRL UNIPERSONALE does not guarantee the certainty of provision of the ordered goods, therefore it reserves the right to not process any purchase order if the Product is unavailable. The Customer does not have the right to any damages or compensation, nor any contractual or tort liability for direct or indirect damages to persons and/or property, caused by the rejection of a full or partial Order confirmation.
6.7 The Customer can purchase products from the electronic catalogue on www.rosashop.it. It is understood that the picture accompanying the description of the Products, where available, has the sole purpose of presenting them for sale, without any guarantee or commitment by ROSA SRL UNIPERSONALE on the exact correspondence of the picture in the Online Store with the actual product, which may differ in colour, size and accessories. The description of each Product on the website is merely illustrative and is taken from the documentation provided by the manufacturer of each Product, the contents of which ROSA SRL UNIPERSONALE declines any liability. Please note that ROSA SRL UNIPERSONALE is not the Manufacturer of any Products it sells.
6.8 The actual weight of some of the Products, which by their nature have a variable weight (such as cutting products), is determined at the time of packaging and may therefore be susceptible to a variation of up to 15% compared to the weight specified in the electronic catalogue of the Online Shop. The average weight of the package in stock when ordering is specified on the product sheet. For this reason, the weight will always be followed by the letters ca. (circa [approx.]). During preparation of the products ordered, ROSA SRL UNIPERSONALE shall ensure that the weight is as accurate as possible to that ordered, and in any event it shall not exceed the tolerance percentage of the already specified 15%.
7 METHODS OF PAYMENT
ROSA SRL UNIPERSONALE accepts the following methods of payment:
7.1 Online payment. ROSA SRL UNIPERSONALE uses PAYPAL for online payments. When this method of payment is chosen, the Customer shall be directed to Paypal’s secure server.
The Customer shall enter all requested data directly on the relative servers that are created, guaranteed and managed by Paypal. The Customer shall then accept the general terms and conditions of Paypal in order to access the service. At no time whatsoever during the purchasing procedure shall ROSA SRL UNIPERSONALE be aware of the information regarding the Customer’s data entered directly onto the above secure servers. In no event shall ROSA SRL UNIPERSONALE therefore be held liable for any damage caused to the Customer resulting from use of the services offered by Paypal.
7.2 Credit card. The accepted cards for payment on www.rosashop.it are Visa and MasterCard.
At no time whatsoever during the purchasing procedure shall ROSA SRL UNIPERSONALE be aware of the information regarding the Customer’s credit card transmitted by secure connection directly to the bank that handles the transaction. In no event shall ROSA SRL UNIPERSONALE therefore be held liable for any fraudulent or improper use of credit cards by a third party upon payment of the products purchased. To ensure maximum security of payments, ROSA SRL UNIPERSONALE will automatically direct the Customer to the bank’s secure page (SSL), according to the online payment method chosen. On this page, the Customer can safely enter the Card details (full name, number and expiry date). The data is in fact entered directly onto the bank’s server, ensuring maximum safety and security. Nobody, not even ROSA SRL UNIPERSONALE, shall know the code of the Credit Card used by the Customer. The code is only used for payment; if payment is successful, confirmation is instant and ROSA SRL UNIPERSONALE will receive only the transaction ID from the payment operator.
There shall be no trace of the Credit Card’s code in any of our archives.
7.3 Advance Bank Transfer On the homepage in the “Methods of Payment” section on the website, the Customer will find the national and international bank details to make the transfer. It is recommended to enter the order number and date in the reason for the transfer, without which it would be difficult to link the order to the Customer. To hasten the procedures, it is advisable to give us the order number and your details (full name) once payment has been made. The products ordered by the Customer shall be reserved until receipt of the bank transfer for a maximum of 3 days from the Order Confirmation data pursuant to Art. 6.2. ROSA SRL UNIPERSONALE reserves the right to not accept orders paid for by Bank Transfer if the amounts are not actually credited. The ordered Products shall be shipped only after the amount due has been credited to our current account or after the Customer has sent the Money Transfer Control Number to ROSA SRL UNIPERSONALE by email.
7.4 Cash on delivery If the Customer chooses this method, payment shall be made upon delivery of the Product by cash or certified cheque. ROSA SRL UNIPERSONALE reserves the right to not accept orders for amounts over €300.00 involving this method of payment.
8. DELIVERY OF PRODUCTS
8.1 The shipping costs are entirely borne by the Customer and are expressly indicated in the Order Confirmation pursuant to Art. 6.
8.2 The Products shall be delivered by express courier. In order to ensure the products are kept fresh and preserved properly and to prevent them from being kept stored in the courier’s warehouses for longer than necessary, ROSA SRL UNIPERSONALE has decided to fulfil the orders as follows:
a) for Orders placed between March and September, shipments shall be made to Italy on Mondays, Tuesdays and Wednesdays; shipments to Europe shall be made on Mondays and Tuesdays. Therefore, pursuant to Art. 6.3, Orders confirmed between Thursday and Sunday for shipments to Italy and between Wednesday and Sunday for shipments to Europe shall be processed on the Monday of the following week. It should be noted that during said period between March and September, if deemed appropriate by ROSA SRL UNIPERSONALE, the Products can be packed in special insulated containers with ice gel to limit any changes in temperature and preserve the organoleptic features of the Products.
b) for orders placed between October and February, shipments to Italy and Europe shall be made from Monday to Friday. It should be noted that during said period between October and February, if deemed appropriate by ROSA SRL UNIPERSONALE, the Products can be packed in special polystyrene containers with ice gel to protect them from bumps and temperature variations.
ROSA SRL UNIPERSONALE offers different shipping methods. For the specific shipment and delivery methods of the Products, the Customer can access the “Shipments and Deliveries” sections in the Help and Contacts area described in the footer of the Online Shop. The instructions in this section form an integral and substantial part of the General Terms of Sale and are therefore fully known and accepted by the Customer when the Order is placed.
8.3 We recommend that Customers pay special attention when entering the parcel delivery data (house number, name on the doorbell, extension number, stairs, etc.) in order to avoid any problems. ROSA SRL UNIPERSONALE declines any liability and the Customer does not have the right to claim for any damages or compensation due to missed or delayed deliveries resulting from errors, inaccuracies or shortcomings concerning the delivery address specified by the Customer in the Order.
8.4 The Products are delivered by the courier chosen by ROSA SRL UNIPERSONALE and delivered to the address specified by the Customer upon registration, pursuant to Art. 3, or to a different address specified when the Order is placed.
8.5 The Delivery terms referred to in paragraph 8.2 and in the “Shipments and Deliveries” section can be subject to changes due to simultaneous access by several Customers, and for reasons due to third party suppliers: these delivery terms cannot, therefore, be deemed as binding. ROSA SRL UNIPERSONALE, therefore, neither undertakes nor guarantees that the delivery times specified in the Online Shop and/or on the Order Confirmation are met and shall not be held liable for any delays. ROSA SRL UNIPERSONALE, moreover, shall not be held liable for any delays and/or inaccuracies and/or damages to the delivery that are attributable solely to the activities of the express courier in charge of the shipment.
8.6 Below are the days in which the courier, according to its own terms of service, does not deliver:
- Saturdays and Sundays
- bank holidays
- when the road haulage companies are closed for the summer holidays
- on days and during the hours road circulation on town roads and/or motorways is prohibited due to administrative provisions
- on the days in which warehouses and/or offices, shops and businesses remain closed due to local custom or provisions by Public Authorities
- due to force majeure or fortuitous events.
8.7 The Customers, or other parties entrusted by the Customers, who are at the address indicated on the Order Confirmation for delivery of the Products, are required to check, at the time of delivery, that: (i) the number and type of Products are as specified on the shipment document/accompanying Invoice; (ii) the package/parcel of the Products is intact, not damaged or altered in any way.
8.8 Any damage to the package/parcel of the Products must immediately be notified by the Customers or by their representatives in writing on the proof of delivery. It is understood that, once the delivery document has been signed without any written notification, Customers can no longer make any claim to ROSA SRL UNIPERSONALE on the appearance of that delivered.
8.9 The Products can be delivered only to Customers or persons authorised by them. The representative to whom the Products are delivered must sign to authenticate the delivery. Deliveries are not made to PO boxes and Products shall not be pushed through letterboxes or similar.
9 SHIPPING COSTS
9.1 Shipping costs are free for orders over €150.00 placed by Consumer Customers for shipment to Italy, excluding out-of-the-way locations and islands.
9.2 In all other cases the shipping costs shall be automatically calculated according to the type of Delivery chosen by the Customer from those specified in Art. 8.2. Shipping costs shall be specified separately from the Price of the Product, before the Order is placed by the Customer, as required in Art. 4.4.
10 RIGHT OF TERMINATION
10.1 If the Customers are “Consumers” according to its definition in Art. 3 of Italian Legislative Decree no. 206/2005 - or rather, a natural person acting for purposes outside his trade, business, craft or profession - Customers have the right, pursuant to and for the purposes of Art. 52 of Italian Legislative Decree no. 206/2005 and subsequent amendments, to terminate the Contract without giving any reason within 14 days from receipt of the Products.
10.2 Therefore, Customers who cannot be called consumers, as defined in the description and especially natural or legal persons acting for purposes within his trade, business, craft or profession, are excluded from this right.
10.3 The Right of termination can be exercised by the Consumer Customer with an explicit declaration of the decision to terminate the contract sent by email to firstname.lastname@example.org or by fax to 0521341336 or by post to ROSA SRL UNIPERSONALE in VIA CESARE PAVESE 9 43029 TRAVERSETOLO, PR. The right of termination can also be exercised using the termination form set out on the Right of Termination page in the Online Shop. In the termination notice, in addition to expressing the intention of exercising the right of termination, the Consumer Client shall specify the Order which led to the Sales Contract which he intends terminating.
10.4 The Customer shall return the Products to ROSA SRL UNIPERSONALE in VIA CESARE PAVESE 9 43029 TRAVERSETOLO, PR within 14 days from the date on which the communication was sent, pursuant to Art. 10.3.
The cost of returning the Products shall be borne by the Consumer Customer pursuant to and within the limits of Art. 57 of Italian Legislative Decree no. 206/2005 and subsequent amendments.
10.5 If the right of termination is exercised in the manner and terms set out in this article, ROSA SRL UNIPERSONALE shall reimburse all Payments received by the Consumer Customer as quickly as possible and in any case within 14 days from receipt of the termination notice. Unless the Customer expressly specifies a different reimbursement method, ROSA SRL UNIPERSONALE shall use the same means of payment used by the Customer, without any extra cost.
All Payments made to ROSA SRL UNIPERSONALE, including delivery costs, shall be reimbursed to the Customer. As regards the latter, pursuant to Art. 56, paragraph 2 of Italian Legislative Decree no. 206/2005 and subsequent amendments, ROSA SRL UNIPERSONALE is not required to reimburse any additional costs if the consumer expressly opted for a type of delivery other than the least expensive type of delivery offered and which is set forth in Art. 8.2.
10.6 If Customers exercise the right of termination in a way not in compliance with the methods and terms set forth in this article, they shall not be entitled to reimbursement of any payments made to ROSA SRL UNIPERSONALE.
10.7 The Consumer Customer shall be liable only for the decrease in value of the Product resulting from handling it more than necessary to establish the nature, features and operation of the Product itself.
11 EXCLUSION OF THE RIGHT OF TERMINATION
11.1 The right of termination is excluded also if the Consumer Customer acts as set forth in Art. 59 of Italian Legislative Decree no. 206/2005 and subsequent amendments. By way of example, cases in which the right of termination is excluded pursuant to Art. 10 are as follows:
- the supply of goods packed to specifications or clearly customised;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of sealed goods which are not suitable to be returned for hygiene reasons or related to health protection and which were opened after delivery;
- the supply of alcoholic beverages the price of which was agreed upon conclusion of the sales contract, the delivery of which can only take place after 30 days, and the actual value of which is dependent on market fluctuations which cannot be controlled by the trader.
In such cases, if the Customer wrongly sends to ROSA SRL UNIPERSONALE the Products regularly purchased for which there is no right of termination, ROSA SRL UNIPERSONALE shall return them to the sender, and the shipping costs shall be charged to the Customer.
12 FORCE MAJEURE
12. ROSA SRL UNIPERSONALE shall be released from the obligation of fulfilment and execution of this contract due to force majeure, temporary or permanent, such as - by way of example and not limited to - strikes, arrests, fires, natural and/or atmospheric disasters, and for any other cause, even pre-existing, beyond the control of ROSA SRL UNIPERSONALE and not attributable to them, which prevents or aggravates the total or partial execution of this contract.
13 BINDING EFFECT
13. This contract binds the parties and their respective legal representatives, successors permitted assigns.
14 FAULTS AND DEFECTS OF THE PRODUCT
14.1 If the manufacturer has provided a warranty for the Products (sales/conventional warranty), any Product faults or defects shall be communicated by the Customer directly to the manufacturer in the manner and terms set forth in the warranty itself.
14.2 “Consumer” Customers are entitled to Consumer rights set forth in Art. 130 of Italian Legislative Decree 206/05; these rights must be exercised within the terms of Art. 132 of Italian Legislative Decree 206/05.
14.3 ROSA SRL UNIPERSONALE shall not be held liable in the event the Product delivered does not comply with the legislation of the country of delivery that is not Italy.
15 PRODUCT LIABILITY
15.1 The manufacturer of the Products is liable for any damages caused by defects of said Products. Please note that ROSA SRL UNIPERSONALE is not the Manufacturer of any Products it sells in the Online Shop.
15.2 ROSA SRL UNIPERSONALE shall not be held liable for the poor condition of the Products caused by improper storage after delivery. ROSA SRL UNIPERSONALE shall not be held liable for any information provided/acquired by individual Manufacturers of the Products sold.
16 ERRORS OR INACCURACIES IN THE ONLINE SHOP
16 ROSA SRL UNIPERSONALE is committed to constantly monitoring the Online Shop in order to prevent any errors or inaccuracies. However, it is possible that the Online Shop might now, or over time, contain errors, inaccuracies or omissions. ROSA SRL UNIPERSONALE therefore reserves the right to correct any errors, inaccuracies or omissions in the Online Shop even after an Order has been placed, and it also reserves the right to change or update the information at any time without prior notice to the Customers.
17 INTELLECTUAL PROPERTY
17 All intellectual property rights connected to the Online Shop (including its contents and photographic images) are reserved. The Online Shop and its contents cannot be reproduced either in whole or in part, transferred by electronic or conventional means, modified, linked or used in any way without the prior written consent of ROSA SRL UNIPERSONALE unless expressly authorised in the manner and terms specified by ROSA SRL UNIPERSONALE. Pdf formats and files containing articles on the Products, including catalogues, etc., can be downloaded on the home page of the website.
Please see the relevant page.
19 Any complaints must be addressed to ROSA SRL UNIPERSONALE VIA CESARE PAVESE 9 43029 TRAVERSETOLO, PR or sent by email to email@example.com
20 APPLICABLE LAW AND JURISDICTION
20 The General Conditions and Contracts are governed by Italian law and in light of this shall be interpreted as such. Any matter relating to Contracts shall be subject to Italian jurisdiction.
21 COURT OF JURISDICTION
21.1 For all disputes arising from this contract, including those concerning its validity, interpretation, execution and termination, for a “Consumer” Customer the mandatory territorial jurisdiction shall be the Court of the place of residence or domicile of the consumer.
21.2 In cases not covered by the previous paragraph, all disputes arising from this contract, including those concerning its validity, interpretation, execution and termination, shall be the exclusive jurisdiction of the Court of Parma for any actions relating to warranties, damages or, in general, payments.
22. ONLINE TERMINATION OF DISPUTES FOR CONSUMERS
ROSA SRL UNIPERSONALE informs the Consumer Customer residing in the European Union that the European Commission has set up an online platform that provides a tool for an alternative way of settling disputes. This tool can be used by the European Consumer to resolve out of court any dispute relating to and/or resulting from sales contracts of goods and services entered into online. This platform can be used to resolve any dispute arising from a contract entered into online. The platform is available at http://ec.europa.eu/consumers/odr/
Upon registration, the Customer, pursuant to Art. 1341 of the Italian Civil Code, approves the following clauses:
Art. 6 CONCLUSION OF THE CONTRACTS; Art. 7 METHODS OF PAYMENT; Art. 8 DELIVERY OF PRODUCTS; Art. 9 SHIPPING COSTS; Art. 10 RIGHT OF TERMINATION; Art. 11 EXCLUSION OF THE RIGHT OF TERMINATION; Art. 12 FORCE MAJEUR; Art. BINDING EFFECT; Art. 14 FAULTS AND DEFECTS OF THE PRODUCT; Art. 15 PRODUCT LIABILITY; Art. 16 ERRORS OR INACCURACIES IN THE ONLINE SHOP; Art. 17 INTELLECTUAL PROPERTY; Art. 18 COMPLAINTS; Art. 20 APPLICABLE LAW AND JURISDICTION; Art. 21 COURT OF JURISDICTION.