GENERAL ONLINE SALES TERMS AND CONDITIONS
These conditions are valid exclusively between ROSENFELD SRL Company, with registered office in Strada per i Laghetti, 5 – 34015 MUGGIA (TRIESTE), P.IVA 00831370325, hereinafter called ROSENFELD SRL and any person who makes purchases online on the website shop.rosenfeld.it hereinafter referred to as “CUSTOMER”. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force
These terms and conditions govern the purchases made on the website shop.rosenfeld.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and the Legislative Decree 70/2003 on electronic commerce.
ART. 1 – PURPOSE OF THE CONTRACT
With these general conditions of sale, ROSENFELD SRL sells while the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website shop.rosenfeld.it. The contract is concluded exclusively through the internet, by accessing the CUSTOMER at shop.rosenfeld.it and making a purchase order according to the procedure provided by the site itself.
Before proceeding with the confirmation of their order, the customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by ROSENFELD SRL and to accept them by affixing a flag in the box indicated above the order confirmation on the “checkout” page.
The “General Sales Terms and Conditions” are also available at the link shown at the foot of the website shop.rosenfeld.it, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014.
ART. 2 – PRE-CONTRACTUAL INFORMATION FOR THE CONSUMERS
Before the conclusion of the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER’s choice.
Before the conclusion of the purchase contract and before the validation of the order with “payment obligation”, the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the term within which ROSENFELD SRL undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- conditions of after-sales assistance and commercial guarantees provided by ROSENFELD SRL.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to ROSENFELD SRL, the geographical address, telephone number, e-mail address, information that is reported, also below:
PARTITA IVA 00831370325
Strada per i Laghetti, 5
34015 MUGGIA (Trieste)
Tel + 39 040 9235068
ART. 3 – CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
The sales contract is considered concluded with the sending by ROSENFELD SRL to the CUSTOMER of an order confirmation email. The e-mail contains the CUSTOMER’s data and the order number, the price of the purchased goods, the shipping costs and the delivery address to which the goods will be sent.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to ROSENFELD SRL.
ROSENFELD SRL undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on shop.rosenfeld.it do not constitute a contractual element, as they are only representative.
ROSENFELD SRL undertakes to deliver the goods within 15 days from the sending by ROSENFELD SRL of the order confirmation email to the CUSTOMER.
ART. 4 – PRODUCTS AVAILABILITY
The availability of the products refers to the actual availability when the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before confirming the order.
Even following the sending of the order confirmation email sent by ROSENFELD SRL, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail.
If the CUSTOMER requests the cancellation of the order, resolving the contract, ROSENFELD SRL will refund the amount paid within 14 days from the day on which ROSENFELD SRL received the returned goods.
ART. 5 – PAYMENT METHODS
Each payment by the CUSTOMER can only be made by means of the credit cards indicated on the website shop.rosenfeld.it, by advance bank transfer, by PayPal payment method or by payment by cash on delivery, with relative surcharge (cash or bank check made payable to ROSENFELD SRL) to the courier in charge upon receipt of the goods.
The communications relating to the payment and the data communicated by the CUSTOMER when this is done take place on special protected lines. The security of payment by credit cards is guaranteed through the PayPal circuit
ART. 6 – PRICES
All sales prices of the products indicated on the website shop.rosenfeld.it are expressed in Euros and include VAT.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before making the payment.
The CUSTOMER accepts the right of ROSENFELD SRL to modify its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time of order creation and indicated in the confirmation email sent by ROSENFELD SRL to the CUSTOMER.
In the event of a manual, technical, or any other error that could result in a substantial change, not foreseen by ROSENFELD SRL, of the sale price to the public, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ART. 7 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate it to ROSENFELD SRL through an explicit declaration, which can be sent by registered letter with return receipt.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h)
Download here the form to be filled in and returned only if you wish to withdraw from the contract at the address:
Strada per i Laghetti, 5
34015 MUGGIA (TS)
or to the email address:
In the event of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to ROSENFELD SRL his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be sent back to
Strada per i Laghetti, 5
34015 MUGGIA – TRIESTE
The direct costs of returning the products are borne by the CUSTOMER.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, ROSENFELD SRL will refund the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, modified by Legislative Decree 21/2014, ROSENFELD SRL can suspend the refund until receipt of the goods.
ROSENFELD SRL will carry out the refund using the same means of payment chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer or cash on delivery, if the CUSTOMER intends to exercise his right of withdrawal, he must provide ROSENFELD SRL, by accessing the contact section, the bank details: IBAN, SWIFT and BIC, necessary for making the refund from part of ROSENFELD SRL
ART. 8 – LEGAL COMPLIANCE WARRANTY
In case of receipt of products that do not conform to the orders or are defective, the CUSTOMER has the right to restore the conformity of the product free of charge by replacing the product. The CUSTOMER can exercise this right if the defect occurs on the day of delivery of the goods and reports the defect to ROSENFELD SRL within two days of discovery, by email with a photo proving the damaged item.
ROSENFELD SRL, in the event of a defective or non-compliant product, will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
ART. 9 – COMMERCIAL WARRANTY
All the products presented on the website shop.rosenfeld.it benefit, in addition to the legal warranty of conformity referred to in the previous article, from a commercial warranty.
ART. 10 – DELIVERY METHODS
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 15 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by ROSENFELD SRL.
For every order placed on the website shop.rosenfeld.it ROSENFELD SRL issues the receipt of the shipped goods. The receipt will contain the information provided by the CUSTOMER during the purchase procedure. After the receipt is issued, it will not be possible to make any changes to the data indicated in it.
ART. 11 – LIABILITY
ROSENFELD SRL does not assume any responsibility or liability for disservices attributable due to force majeure or unforeseeable circumstances, even if they depend on malfunctions and disservices of the internet, in the event that it is unable to execute the order within the times foreseen by the contract.
ART. 12 – ACCESS TO THE WEBSITE
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the relative technology used remain the property of ROSENFELD SRL and are protected by Intellectual Property Laws.
ART. 13 – COOKIES
The website shop.rosenfeld.it uses “cookies”. Cookies are electronic files that record information relating to the CLIENT’s navigation on the site (pages consulted, date and time of the consultation, etc.) and which allow ROSENFELD SRL to offer a personalized service to its customers.
The creation of such files can be disabled by the CUSTOMER, logging into the Internet configuration menu. Please note that this will prevent from purchasing online.
ART. 14 – WHOLENESS
These General Conditions of Sale are made up of all the clauses that make them up. If one or more provisions of these General Conditions of Sale is considered invalid or declared such pursuant to the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and efficacy.
ART. 15 – GOVERNING LAW AND JURISDICTION
These Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State.
In any case, the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale are an option to consider completely valid.
LANGUAGE OF THE GENERAL ONLINE SALES TERMS AND CONDITIONS
The CUSTOMER accepts that the English translation is provided only for your convenience and that the contractual relationship with ROSENFELD SRL will be governed by the Italian language versions.
If there are inconsistencies between the Italian version of the General Online Sales Terms and Conditions and the English translation, the Italian version will prevail
General sales conditions updated on January 31, 2020