1. Object

1.1. These general terms of sale apply to the purchase of products under the “RIMSA” brand that will be made through the e-commerce site https://shop.rimsa.it/ by users qualifying as “Consumers” in accordance with Article 1.2 below.

The Website is owned by RIMSA P. Longoni SRL, with registered office at Via Monterosa 18, 20831 Seregno MB, Italy capital Eur 60.000 i.v., VAT number 00876160961.

1.2. Purchases of the Products carried out through the Site will see as contracting parties Rimsa P.Longoni SRL as seller (hereinafter the “Seller“) and the person who purchases one or more Products for purposes not related to their business, commercial, craft or professional activity, as a buyer (hereinafter the “Consumer“;; Seller and Consumer shall hereafter be collectively referred to as the “Parties“).

1.3. The Seller is the owner of the rights to the domain name of the Site, the logos and trademarks related to the products presented on the Site, as well as the copyright on the contents of the Site.

1.4. Any communication by the Consumer related to and/or related to the purchase of the Products – including any reports, complaints, requests regarding the purchase and/or delivery of the Products – must be sent to the Seller at the addresses and in accordance with the methods indicated on the Website and at the e-mail address info@rimsa.it

1.5. Each purchase is governed by these general conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.

1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers.  Entities other than Consumers are advised not to execute purchase orders. If one or more sales are made to a non-qualifying Consumer, these general conditions of sale will apply but, by way of derogation from the provisions of these:

• a)       the right of withdrawal referred to in Article 10 shall not be granted to the purchaser;
  b) the buyer will not be able to benefit from the guarantee on the Products indicated in article 8;
  c) the buyer will not be granted any other protection, provided here in favor of the Consumer, which reflect or comply with mandatory provisions;
  d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.

1.7. In order to make purchases through the Site, the Consumer must have reached the age of majority (18 years) and be able to act.

1.8. At the same time as transmitting the purchase order, the Consumer accepts that the confirmation of the information relating to the order made and these general conditions of sale are sent to him via e-mailmail to the address stated by it during registration on the Site or during the purchase process.

1.9. The Consumer is solely responsible for any costs incurred for connecting to the Website via the Internet, including telephone charges, in accordance with the rates applied by the operator selected by the Consumer.

 

2. Characteristics of the Products and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time of sending the order by the Consumer, with the exclusion of any other condition or term.

2.2. The Seller reserves the right to modify these general conditions of sale at any time, at its own discretion, without the need to provide prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will only apply to sales concluded as of that date.

2.3. The prices, the Products for sale on the Site and their characteristics are subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to verify the final sale price.

2.4 The Site may be accessed by users from all over the world and the Site may contain references to Products that are not available or not available for purchase in the country of the visitor to the Site.

2.5 The Products available on the Website can only be purchased by users who, in the dedicated section of the Website, request delivery to one of the countries indicated on the Website.

2.6 The products available on the site may appear different in colour, shape or size from what appears on this site.

 

3. Method of purchasing the Products – Completion of each individual purchase contract

3.1. The presentation of the Products on the Website, which is not binding for the Seller, represents a mere invitation addressed to the Consumer to formulate a contractual purchase proposal and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is obliged to accept in full and without reservation. Before proceeding to the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these general conditions of sale and information on the right of withdrawal, to print a copy of it through the print command and to store or reproduce a copy for their own personal use. In addition, the Consumer will be asked to identify and correct any errors in entering their data.

3.3. The Consumer’s purchase order is accepted by the Seller by sending it to the Consumer, to the e-mail address declared by the Customer to the Seller at the time of registration on the Website or transmission of the order if the Consumer is not registered on the Website, an e-mail confirming the order itself, which will include the summary of the order placed and the description of the characteristics of the Product ordered. The order of the Consumer, the Seller’s order confirmation and the general conditions of sale applicable to the relationship between the Parties will be stored electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at info@rimsa.it.

3.4. Every contract of purchase of the Products is concluded at the moment when the Consumer receives the order confirmation from the Seller by e-mail.

 

4. Product selection and purchase procedure

4.1. The Products presented on the Site can be purchased only through the purchase process on the Site and are not considered valid or accepted attempts to purchase and/ or reservation made via e-mail, fax or other means other than the above purchase procedure. This procedure involves the selection of products of interest to the consumer, with their inclusion in the appropriate virtual shopping cart. Once the selection of products is completed, in order to purchase the products selected and placed in the shopping cart, the Consumer will be invited to register on the Site by providing the required data, or to login, if the Consumer is already registered or to provide their essential data to complete the order in “host” mode and allow the completion of the contract. In order to allow the purchase, the Consumer will be asked to confirm his data (as an example but not exhaustive: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and a telephone number where you can contact him for any communication related to the purchase made, if they are different from the data provided at the time of registration. The Consumer will see a summary of the order to be made, which can modify the contents: then, through the button “Complete order“, the Consumer will be asked to confirm his order, By doing so, you accept these general conditions of sale. The confirmed order will then be definitively sent to the Seller and will produce the effects described in the previous paragraph. 3.2. of this contract. The Consumer will also be asked to choose the payment method, among those available and will be required to communicate relevant data through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details provided by the Consumer.

4.2. If during the process of selecting the Products on the Site referred to in point 4.1 above, the Consumer notes that the price of one or more of the Products he intends to select for the subsequent purchase is obviously lower than the normally applied price, net of any discounts and/ or promotions at the time in force, due to an obvious technical problem occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller’s Customer Service, by sending an e-mail to the following address: info@rimsa.it

4.3. In cases where the Consumer has completed his purchase order and it includes a Product whose price is obviously lower than that normally applied, net of any discounts and/ or promotions at the time in force, due to an obvious technical problem on the Site:

(a) if the Consumer has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, simultaneously sending a notification in this regard via e-mail, to the e-mail address indicated by the Consumer at the time of transmission of the order and (ii) refund to the Consumer the payments made by him in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction;

(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer by e-mail of the error occurred in the process of completing his order, offering to the same, alternatively, (i) pay to the Seller, within no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter’s expense, within no more than the next 14 (fourteen) days, sending it to Rimsa P.Longoni SRL, Via Monterosa 18, 20831, Seregno, MB, ITALY, free of damage, complete with all its elements and accessories (including unaltered labels and tags attached to the product), accompanied by the accompanying instructions/notes/manuals, original packaging and guarantee certificate and accompanied by the return form, properly completed, which will be attached to the e-mail sent by the Seller. If the Consumer has chosen the option referred to in point (b) (ii) above, the Seller will reimburse the Consumer for payments made by him in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.

 

5. Delivery and acceptance of goods
   

5.1. The Site generally indicates the availability of the Products and the delivery time of the same, however, such information is to be considered as purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything in its power to comply with the delivery times indicated on the Site and, in any case, to carry out the delivery within a maximum time of 30 (thirty) days from the day following that in which the Consumer has transmitted the order. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer and will reimburse any sums already paid by the Consumer for the payment of the Product pursuant to the following paragraph. 5.3.

5.3. In case of non-execution of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will send a written notification to the Consumer and will reimburse any sums already paid by the Consumer for the payment of the Product.

5.4. The shipment of the Products ordered by the Consumer will be carried out in the manner indicated on the Website at the time of sending the order. The Consumer undertakes to check without delay, and in any case no later than 3 (three) days from receipt of the Products, that the delivery is correct and includes all the products purchased only and to inform within this period the Seller of any possible defect in the products received or their non-conformity with the order made, according to the procedure set out in art. 9 of these general conditions of sale. If the packaging or packaging of the products ordered by the Consumer are obviously damaged, the Consumer is invited to refuse delivery by the carrier/ shipper or accept delivery “with reservation”.

5.5. The term referred to in the preceding par. 5.4. without the Consumer having made any objections against the carrier/shipper, the delivered Products will be considered definitively accepted by the Consumer.

 

6. Resale clause

6.1. Products purchased may not be resold and may not be exported to countries other than the country of delivery of the material. The buyer is responsible for any possible violation that should follow a behavior contrary to this.

 

7. Prices, shipping costs, taxes and fees

7.1. The price of the Products is the one indicated on the Website at the time the order is placed by the Consumer. The prices of the Products indicated on the Site include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include the contribution to shipping costs that are counted before the order confirmation sent by the Seller to the Consumer and that the same Consumer agrees to pay to the Seller in addition to the price indicated on the Site.

7.2. Depending on the country in which the Products are to be delivered, the relevant shipping costs that the Consumer agrees to pay in addition to the price of the Products ordered will be displayed on the Site during the order process.

7.3. The Consumer shall pay to the Seller the total price, as shown in the order confirmed following the order confirmation sent by e-mail from the Seller to the Consumer.

 

8. Payments

8.1. Payment can be made by credit card, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.

8.2. If payment is made by credit card, the Consumer will be transferred to a secure site and credit card details will be inserted directly into the applications of Stripe, Inc. based at 185 Berry Street Suite 550, San Francisco, CA 94107 U.S.A.,  the operator who handles payments on behalf of the Seller.

The transmitted data will be sent in a secure mode, by means of encrypted data transfer with SSL (SecureSocketKLayer) system at 128 bits. These data are not accessible even for the Seller.

8.3. The Seller will promptly send to the Consumer, in electronic form via e-mail at the address declared by him, the tax receipt relating to the purchase carried out, if the products purchased are intended to be delivered in the Italian territory, or attached in paper format to the Products purchased, in all other cases.

 

9. Legal warranty of conformity of the Seller, reporting of defects of conformity and interventions in warranty

9.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree n. 206/2005 (Consumer Code), the Seller guarantees to the Consumer that the Products will be free of design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in case of use of the Product not conforming to the proper one of the Product and the instructions/warnings provided by the Seller, or reported in the illustrative documentation of reference, in the guarantee sheet attached to the product, on the tags or labels.

9.2. The Consumer will be responsible to examine the Products as soon as possible and, under penalty of revocation of this warranty, to report any defects and non-conformity within 30 days of discovery by sending an e-mail to info@rimsa.it indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and the tax receipt).

9.3. Upon receipt of the form and its documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer and, after having carried out quality checks to verify the actual non-conformity of the Product, will decide, at its own discretion, whether to authorise the return of Products by providing the Consumer with a confirmation via e-mail to the address provided by the latter during the registration process on the Site. The authorization to return the Products shall in no way constitute recognition of defects or non-conformity, the existence of which must be established after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the notification of authorization to the return, within 30 (thirty) days from the complaint of the defect or non-conformity, to the following address: Rimsa P.Longoni SRL, Via Monterosa 18, 20831, Seregno, MB, ITALY.

9.4. If the Seller is obliged to reimburse the Consumer the price paid, the refund will be made by bank transfer or, where possible, by the same means of payment used by the Consumer when purchasing the Product. It will be the responsibility of the Consumer to communicate to the Seller, always by e-mail at info@rimsa.it the bank details to make the transfer to you and to ensure that the Seller is put in the condition of being able to return the sum due.

 

10. Liability for damage from defective products

10.1. With regard to any damage caused by defects of the Products, the provisions of European Directive 85/374/EEC and Italian Legislative Decree n. 206/2005 (Consumer Code) shall apply. The Seller is in all respects the Producer of the Products.

 

11. Right of withdrawal – Information

11.1 The Consumer is entitled to withdraw from any contract concluded pursuant to these general terms of sale, without penalty, within a period of 14 (fourteen) since (i) the product has been delivered or (ii) In the case of purchase of several products delivered separately with a single order, the last product has been delivered.

11.2 In order to exercise the right of withdrawal, the Consumer must inform the Seller before the end of the period referred to in point 11.1 of his decision by sending an explicit statement to the Seller at the e-mail address info@rimsa.it of its decision to withdraw. If the Products have not yet been sent to the Consumer, the withdrawal shall take effect from the moment the Seller receives the withdrawal request from the Consumer for the entire order via info@rimsa.it

11.4 If the Consumer has received the product, following the provisions of point 11.2 above, the Consumer will receive an e-mail confirming the exercise of withdrawal, containing the return form to be inserted in the package, and the instructions for returning the product, to be sent without undue delay and in any case within 14 days from the day on which the Consumer has communicated the withdrawal, to:

 

Rimsa P.Longoni SRL

Via Monterosa 18

20831 Seregno MB – Italy

 

The deadline is met if the products are returned before the expiry of the 14-day period.

11.5 The risks and direct costs of returning goods shall be borne by the Consumer.

11.6 If the Consumer cancels, the payments made by the latter, including delivery costs, will be refunded without undue delay and in any case no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same means of payment used by the Consumer for the initial transaction, unless the Consumer does not request a refund on a different means of payment, in this case the Consumer will be responsible for any additional costs arising from the different payment method. The refund may be suspended until the goods are received or until the Consumer can prove that he has returned the goods, whichever is earlier.

11.7 The Consumer is responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with wear and tear, abrasion, scratching, deformation, etc.), not complete of all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the instructions/ notes/ manuals attached, the original packaging and the warranty certificate, if present, the Consumer will be responsible for the decrease in value of the property, and will be entitled to a refund of the amount equal to the residual value of the Product. For this purpose, therefore, the Consumer is invited not to manipulate the goods beyond what is strictly necessary to establish the nature, the characteristics and functioning of the same and cover the original packaging of the Products with other protective packaging that preserves its integrity and protects it during transport even from writing or labels.

 

12. Intellectual property rights

12.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive signs, names, images, photography, written text or graphic used on the Site or related to the Products are and remain the exclusive property of the Seller and/ or its successors, without the access to the Site and/ or the purchase of the Products can derive any right to the Consumer.

12.2. The contents of the Site may not be reproduced, in whole or in part, transferred by electronic or conventional means, modified or used for any purpose without the prior written consent of the Seller.

 

13. Consumer data and privacy protection

13.1. In order to be able to proceed with the registration, the sending of the order and therefore the conclusion of this contract some personal data are required through the Site to the Consumer. The Consumer acknowledges that the personal data provided will be processed by the Seller as Data Controller, in accordance with and in compliance with the European Data Protection Regulation 2016/679 (GDPR) and the applicable Italian legislation , to carry out each purchase made through the Site and, subject to your consent, for any further activities as indicated in the appropriate privacy policy provided to the Consumer through the Site at the time of registration.

13.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.

13.3. The Consumer may at any time update and/ or modify his personal data provided to the Seller by contacting the inter-company Privacy Advisor of the processing, at the headquarters of Rimsa P.Longoni SRL, Via Monterosa 18, 20831, Seregno, MB, ITALY, writing info@rimsa.it.

13.4. For any further information on how we process the personal data of the Consumer, please access the privacy policy section.

 

14. Safety

14.1. Although the Seller takes measures to protect personal data against loss, falsification, manipulation and misuse by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, also after the Consumer has provided authentication (login), are not accessible or viewable by unauthorized third parties.

14.2. The Seller shall use the services of Stripe Stripe, 185 Berry Street, Suite 550,San Francisco, CA 94107, https://stripe.com for credit card payment data. Both service providers use technological systems to ensure the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.

 

15. Force majeure

15.1. The Seller shall not be liable in case of total or partial breach of obligations under any contract concluded pursuant to these general conditions of sale, where such failure is caused by unforeseeable events and/or natural events beyond its reasonable control, including but not limited to catastrophic natural events, acts of terrorism, wars, Popular riots, lack of electricity, general strike by public and/or private workers, strike and/or restrictions on the transport of couriers and air connections.

 

16. Governing Law and Jurisdiction

16.1. Any sales contract concluded between the Seller and Consumers under these general terms of sale shall be governed by and interpreted in accordance with Italian law. In any case, the rights that may be attributed to consumers by mandatory provisions of law in force in the state of the latter shall remain unaffected.

16.2. The Court of Milan shall have exclusive jurisdiction for any dispute, unless this provision is not applicable due to mandatory legal provisions in force in the country of residence of the Consumer.

 

17. Assignment

The Parties may not assign or otherwise transfer to third parties any of their rights and obligations arising from these general terms of sale, without the prior written consent of the other party.

 

18. Validity of clauses

18.1. The headings of the clauses used here are to be considered as purely indicative and have no effect with regard to the identification of the content and interpretation of this contract.

18.2. These general conditions of sale do not affect the rights granted by Italian law to the Consumer.

18.3. In the event that a clause or part of a clause of these general terms and conditions should be considered invalid because contrary to or contrary to a rule of law, all other provisions of this Agreement or parts thereof shall remain in full force and effect.

 

19. Final provisions

The Consumer declares that he has not been induced to adhere to this contract by previous oral declarations.