1. Object

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

The Site is owned by RIMSA P. Longoni SRL, with registered office at Via Monterosa 18, 20831 Seregno MB, Italy capital stock Eur 60,000 i.v., VAT 00876160961.

1.2. Purchases of Products made through the Site will see as contracting parties Rimsa P.Longoni SRL as seller (hereinafter the “Seller”) and the person who proceeds to purchase one or more Products for purposes not related to his or her entrepreneurial, commercial, handicraft or professional activity, as purchaser (hereinafter the ‘Consumer’;; Seller and Consumer will be hereinafter collectively referred to as the “Parties”).

1.3. The Seller owns the rights to the Site’s domain name, logos and trademarks related to the products presented on the Site, as well as the copyright in the Site’s content.

1.4. Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products – must be sent to the Seller at the contact details and in the manner indicated on the Site and at the e-mail address info@rimsa.it

1.5. Each purchase shall be 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. Persons who are not Consumers are requested not to execute purchase orders. In the event that one or more sales are made to a person who does not qualify as a Consumer, these general terms and conditions of sale shall apply but, notwithstanding the provisions thereof:

• a)       the right of withdrawal under Article 10 will not be granted to the purchaser;
  b)       the purchaser will not be eligible for the warranty on the Products set forth in Article 8;
  c)      the purchaser shall not be accorded any other protections, if any, provided herein in favor of the Consumer which reflect or conform to mandatory provisions;
  d)       the contract of sale concluded between Seller and Buyer shall be governed by Italian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – 1980 Vienna Convention.

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

1.8. Concurrently with the transmission of the purchase order, the Consumer agrees that confirmation of the information relating to the order placed and these general conditions of sale will be sent to him by e-mail to the address declared by him during registration on the Site or during the purchase process.

1.9. Any charges for Internet connection to the Site, including telephone charges, are the sole responsibility of the Consumer, according to the rates charged by the operator selected by the Consumer.

 

2. Characteristics of 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 terms and conditions of sale published on the Site at the time the order is placed by the Consumer, to the exclusion of any other condition or term.

2.2. Seller reserves the right to amend these terms and conditions at any time, at its sole discretion, without the need to provide any notice to users of the Site. Any changes made shall be effective as of the date of publication on the Site and shall apply only to sales concluded on or after that date.

2.3. Prices, Products for sale on the Site and the characteristics of the same, are subject to change without notice. Before submitting the purchase order pursuant to Section 3 below, the Consumer is encouraged to check the final sale price.

2.4 The Site can be accessed by users worldwide, and the Site may contain references to Products that are not available or cannot be purchased in the Site visitor’s country.

2.5 The Products available on the Site can only be purchased by users who, in the section of the Site specifically dedicated to them, request delivery to one of the states that are indicated on the Site.

2.6 Products available on the site may appear different in color, shape, or size from what they appear on this one.

 

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

3.1. The presentation of the Products on the Site, which is not binding on Seller, is merely an invitation to the Consumer to make a contractual proposal to purchase and not an offer to the public.

3.2. The purchase order sent by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which form an integral part of the order itself and which the Consumer, by transmitting the order to the Seller, is required 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 read carefully these general conditions of sale and the notice on the right of withdrawal, to print a copy 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 their data entry.

3.3. The Consumer’s purchase order shall be accepted by the Seller with the sending to the Consumer, to the e-mail address declared by the latter to the Seller when registering with the Site or when transmitting the order if the Consumer is not registered with the Site, of an e-mail confirming the order, which shall contain a summary of the order placed and a description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the general terms and conditions of sale applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an e-mail communication to the Seller at info@rimsa.it.

3.4. Each contract for the purchase of the Products shall be deemed concluded when the Consumer receives the order confirmation from the Seller by electronic mail.

 

4. Procedure for selection and purchase of Products

4.1. I Prodotti presentati sul Sito potranno essere acquistati unicamente mediante la procedura di acquisto presente sul Sito e non sono ritenuti validi né accettati tentativi di acquisto e/o prenotazione effettuati tramite e-mail, fax o altro mezzo diverso dalla suddetta procedura di acquisto. Tale procedura prevede la selezione dei Prodotti d’interesse del Consumatore, con il loro inserimento nell’apposito carrello virtuale di acquisto. Terminata la selezione dei Prodotti, per eseguire l’acquisto dei Prodotti selezionati ed inseriti nel carrello, il Consumatore sarà invitato a registrarsi al Sito, fornendo i dati richiesti, ovvero ad eseguire il login, qualora il Consumatore sia già registrato ovvero a fornire i propri dati essenziali al completamento dell’ordine in modalità “ospite” e consentire il perfezionamento del contratto. In order to allow the purchase, the Consumer will be asked to confirm his data (by way of example but not limited to: first name, last name, etc.), as well as the address where to deliver the selected Products, the billing address and a telephone number where he can be contacted for any communications relating to the purchase made, if they are different from the data provided at the time of registration. The Consumer will display a summary of the order to be executed, the contents of which he/she may modify: then, through the “Complete order” button, the Consumer will be asked to confirm his/her order, by doing which he/she will accept these general conditions of sale. The confirmed order will then be finally sent to the Seller and will produce the effects described in Section 3.2. above of this contract. The Consumer will also be asked to choose the method of payment, from those available and will be required to communicate the relevant data via secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the general information provided by the Consumer.

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

4.3. In cases where the Consumer has completed his or her purchase order and a Product is included in the purchase order whose price is manifestly lower than the price normally charged, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem occurring on the Site:

(a) if the same Consumer has not yet received the Product, the Seller shall (i) cancel the order, the delivery of which shall therefore not be carried out, simultaneously sending a notice to this effect by e-mail to the e-mail address indicated by the Consumer when transmitting the order and (ii) refund to the Consumer the payments made by the same in connection with the cancelled order, including delivery costs, without undue delay and, in any event, no later than 14 days after 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 that occurred in the process of completing his order, offering the same, alternatively, to (i) pay in favor of the Seller, no later than the next 5 (five) days, by means of 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 its order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter’s expense, within and no later than the next 14 (fourteen) days, sending it to Rimsa P. Longoni SRL, Via Monterosa 18, 20831, Seregno, MB, ITALY, undamaged, complete with all its elements and accessories (including labels and tags unaltered and attached to the product), accompanied by the attached instructions/notes/manuals, the original packaging and packaging and the warranty certificate and accompanied by the return form, suitably completed, which will be found attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in (b) (ii) above, the Seller shall refund to the Consumer the payments made by him/her in connection with the cancelled order, including delivery costs, without undue delay and, in any event, no later than 14 days after the cancellation of the order, using the same means of payment used by the Consumer for the initial transaction.

 

5. Delivery of goods and acceptance

5.1. Generally, the Site indicates the availability of the Products and delivery times of the Products, however, such information is to be considered indicative only and not binding on Seller.

5.2 The Seller undertakes to do everything within its power in order to comply with the delivery times indicated on the Site and, in any event, to execute the delivery within a maximum time of 30 (thirty) days from the day after the day on which the Consumer transmitted the order. In the event 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 refund any sums already paid by the Consumer for the payment of the Product pursuant to paragraph 5.3 below.

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 notice to the Consumer and will refund any sums already paid by the Consumer for the payment of the Product.

5.4. The shipment of the Products ordered by the Consumer shall take place in the manner indicated on the Site at the time of placing the order. The Consumer undertakes to check without delay, and in any event no later than 3 (three) days from receipt of the Products, that the delivery is correct and includes all and only the products purchased and to inform the Seller within this period of any defect in the products received or their discrepancy with the order placed, in accordance with the procedure set forth in Article 9 below of these general conditions of sale. Should the packaging or wrapping of the products ordered by the Consumer arrive at their destination manifestly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reservation”.

5.5. Once the period of time referred to in paragraph 5.4. above has elapsed without the Consumer having made any objection to the carrier/shipper, the Products delivered shall be deemed to have been finally accepted by the Consumer.

 

6. Prices, shipping costs, taxes and fees

6.1. The price of the Products is the price indicated on the Site at the time the order is placed by the Consumer. The prices of the Products indicated on the Site are inclusive of 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 prior to the order confirmation transmitted 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.

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

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

 

7. Payments

7.1. Payment may be made by credit card, subject to the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.

7.2. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card information will be entered directly into the applications of Stripe, Inc. located at 185 Berry Street Suite 550, San Francisco, CA 94107 U.S.A., the payment processor on behalf of the Seller.

The transmitted data will be sent in a secure mode by 128-bit SecureSocketKLayer (SSL) encrypted data transfer. Such data are not accessible even for the Seller.

7.3. The Seller shall promptly transmit to the Consumer, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made, 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.

 

8. Seller’s legal warranty of conformity, reporting of conformity defects and warranty work

8.1. 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 in accordance with the proper one of the Product and the instructions/ warnings provided by the Seller, or in the explanatory documentation, in the guarantee sheet attached to the product, on the tags or labels.

8.2. The Consumer will be responsible for examining 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).

8.3. 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.

8.4. If the Seller is obliged to reimburse the Consumer for 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.

 

9. Liability for damage from defective products

9.1. 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.

 

10. Right of withdrawal – Information

10.1 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.

10.2 In order to exercise the right of withdrawal, the Consumer must inform the Seller, before the end of the period referred to in point 10.1, 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

10.4 If the Consumer has received the product, following the provisions of point 10.2 above, the Consumer will receive an e-mail confirmation 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.

10.5 The risks and direct costs of returning the goods will be borne by the Consumer.

10.6 If the Consumer withdraws, the payments made by him, including delivery costs, will be refunded without undue delay and, in any case, no later than 14 days from the exercise of 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.

10.7 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.

 

11. Intellectual prope

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, 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.

11.2. 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.

 

12. Consumer data and privacy protection

12.1. 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, with 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.

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

12.3. 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.

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

 

 

13. Safety

13.1. 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.

13.2. The Seller shall use the services of Stripe Stripe, 185 Berry Street, Suite 550, San Francisco, CA 94107, https://stripe.com for credit card payments. 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.

 

14. Force majeure

14.1. The Seller shall not be liable in case of total or partial breach of obligations under any contract concluded pursuant to these general terms and 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.

 

15. Governing Law and Jurisdiction

15.1. 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.

15.2. The Court of Milan shall have exclusive jurisdiction over any dispute, unless this provision is not applicable due to mandatory law in force in the country where the Consumer resides.

 

16. 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.

 

17. Validity of clauses

17.1. 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.

17.2. These general conditions of sale do not affect the rights conferred by Italian law to the consumer.

17.3. 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.

 

18. Final provisions

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