General Terms of Sale
Publication date: 06/09/2018
This document (General Terms of Sale) defines the conditions applicable to remote sales concluded via the www.rjvjeans.it website between the company RJV - Rinomate Jeanserie Venete srl and the purchaser of the Products qualifiable as a consumer (i.e. the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activities that may be carried out, hereinafter, the "Customer").
1. Vendor Information
The products purchased through the Website www.rjvjeans.it are sold by the company:
RJV - Rinomate Jeanserie Venete SRL
Via Campolongo 4
35010 Campodoro (PD) – Italy
Tax Code and VAT Number 05125750280
AER Number PD-445056
Share Capital Euro 10,000.00, fully paid-up
2. General Provisions
2.1. The languages available to the Customer to conclude the contract via the Website are Italian or English.
2.2. The Customer is required to carefully read the General Terms of Sale that RJV makes available on its Website, in order to provide knowledge, storage and reproduction of the same.
2.3. Each order requires full acceptance of these General Terms of Sale. By sending the order, therefore, the Customer declares to have read and fully accept the General Terms of Sale available on the Website.
2.4. These General Terms of Sale are drafted in Italian and English and are only applicable to Sales Contracts concluded through the Website by Customers who reside and indicate a delivery address currently in the following countries: Austria, Belgium, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary, United Kingdom, Switzerland , Cyprus, Malta, Estonia, Latvia, Lithuania. The Republic of San Marino and the Vatican City are excluded from the Italian territory in these General Terms of Sale.
2.5. The Website can be accessed from all over the world. However, customers residing in the countries listed above that indicate a delivery address outside the countries of residence are not permitted to complete their purchase. Requests for purchases from countries other than those listed above shall not be accepted.
2.6. The purchase of the Products is reserved exclusively to subjects qualifying as "Consumers", i.e. any natural persons acting for purposes not related to their business, commercial, craft or professional activities.
2.7. Customers must be aged 18 or over and declare to have the legal capacity to act in order to make purchases on the Website.
2.8. The Consumer shall be charged for any costs incurred to connect to the Website via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
3. Products: information and availability
3.1. The presentation of the Products on this Website merely invites the Customer to formulate a purchase contract proposal and does not imply an offer to the general public.
3.2. The information relating to the Products is shown on the Website, with textual and photographic contents for each Product.
3.3. The photographic contents have the sole purpose of presenting the Products on sale. Since the colour aspects may not fully coincide with those on the actual product, also due to the browser or monitor used by the Customer, RJV does not guarantee an absolute match between the image on the Website and the actual product.
3.4. The products are sold with the features described on the Website at the time the Customer places the order.
3.5. The availability or non-availability of the Products is indicated on the Website alongside each individual Product. The sale of the Products is subject to availability on the Website, and it will not be possible to continue with the purchase of Products which are not available on the Website. RJV is not responsible for searching and retrieving unavailable Products from other sources.
3.6. If, for any reason, the Products already ordered by the customer become unavailable, RJV shall promptly notify the Customer and reimburse the Customer for any amounts already paid; RJV has no obligation to deliver the ordered goods.
3.7. RJV reserves the right to change the information on each Product, the assortment of Products on the Website and their availability at any moment in time and without any notice.
4.1. The order sent by the Customer is classified as a contract proposal and entails the full and unreserved acceptance and acknowledgement of the General Terms of Sale in force at the time of the order.
4.2. RJV reserves the right to amend these General Terms of Sale at any time, at its sole discretion and without notice. Any amendments shall be considered valid from the date of publication of the document on the Website and shall be applied exclusively to orders placed after that date.
4.3. In order to proceed with the purchase of the Products published on the Website as available for sale, the Customer shall add the Products of interest to the virtual shopping cart. The Customer may subsequently choose to complete the purchase of the Products in the virtual shopping cart as a guest or registered customer.
4.4. During the first purchase (guest customer), the Customer shall provide his/her data to complete the order and the sales contract and, during the purchase procedure, will have the possibility to register and create a personal account for the Website.
4.5. When purchasing as a registered customer, the Customer shall login to the Website with his/her own credentials, before completing the purchase procedure.
4.6. To be able to proceed with the purchase The Customer shall access the product details page by clicking on the product image on the Product List pages, or on a link that leads to the product details page. If the Customer intends to purchase the product, he/she shall select the desired size for the product and add the product of interest to the virtual shopping cart by clicking on the "ADD TO CART" button on the product details page.
4.7. After adding the product to the virtual shopping cart, the customer can proceed to the checkout page to complete the purchase procedure. One item = one purchase
4.8. If the Customer chooses to proceed to the checkout, he/she will land on a summary page of the contents in the virtual shopping cart he is about to purchase. This page provides the possibility to remove the item from the shopping cart. The customer can also view the total price of the items in the shopping cart, net of any shipping costs.
4.9. The checkout procedure is divided into the following phases:
· Entering of personal details, with the possibility of ordering as a guest or as a registered user, if the user has previously registered with the Website. By purchasing as a guest, the same can choose to create an account.
· Entry of delivery and billing addresses. The Customer will be asked to enter a delivery and billing address.
· Payment. The Customer can then choose the payment method desired from those listed.
·The Customer can then proceed with the payment and complete the order, which will be forwarded to RJV.
5.1. All Product prices are expressed in Euro and are inclusive of all applicable taxes and/or duties (including VAT), excluding any shipping and handling costs, which will be highlighted on the order confirmation page, before the order is submitted by the Customer to RJV.
5.2. The Customer is required to pay the total amount shown on the order confirmation page to RJV. The total amount of the order shall be paid in full in one single payment using one of the payment methods made available to the Customer by RJV.
5.3. The price of the Products on sale is the price in force at the time the order is submitted on the Website.
5.4. RJV reserves the right to change the prices of Products and the handling and shipping costs at any moment in time and without any notice.
5.5. RJV constantly checks that the prices displayed on the Website are correct. However, in the event of technical problems which are not immediately detected, it may happen that the price quoted for one or more items is clearly lower than the normal price, even net of any discounts and/or promotions in force.
5.6. In the event that during the Product selection procedure on the Website the Customer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, the Customer is kindly requested not to proceed with the purchase order and report the technical error by e-mail to the following address firstname.lastname@example.org. If the Customer completes the order procedure regardless of the above, RJV reserves the right to cancel the order, promptly notifying the Customer and to refund, in favour of the same, any amount already paid. In such cases, RJV has no obligation to deliver the ordered goods.
6. Shipping and delivery
6.1. The delivery method is shipping by express courier and home delivery;
6.2. Shipping via Express Couriers is free of charge for orders over €100.00 (one hundred). For orders amounting to less than this amount, the shipping shall cost €5.00 (five). A surcharge of up to €5.00 (five) may also be added to the shipping cost for deliveries to smaller islands or specific municipalities. Such surcharges will be indicated to the Customer on the order confirmation page, before the Customer submits the final order to RJV.
6.3. The customer will receive a text message or an e-mail from the courier when the shipment is collected, indicating the scheduled date and time of delivery and the code that will allow the customer to track the progress of the shipment.
6.7. The indicative and non-binding delivery times for the foreseen shipping method, except for unforeseen events, are 2/4 working days across the national territory (for the smaller islands, two additional working days are foreseen).
- Click & Collect: up to a maximum of ten days.
6.8. Working days are understood to be between Monday and Friday, inclusive, with the exception of Saturday and Sunday and any mid-week holidays.
6.9. RJV undertakes to do everything within its power to comply with the delivery times given on the Website and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order.
7.1. The Client will be able to choose one of the following payment methods:
- Credit card (Visa and MasterCard circuits)
7.2. If the Purchaser opts for payment by credit card, he will be transferred to a secure Website and the credit card information will be communicated directly to Nexi Payments S.p.A and Paypal, the operators designated by RJV to handle all such transactions. The transmission of such data will be through encrypted transmission protocols with 128-bit SSL (SecureSocketLayer) system, and such data will not be accessible to RJV. The Customer's account will be charged the moment the order is processed. To ensure the highest level of security and minimise the risk of access by third parties to the customer's bank account details, the customer will be required to enter the credit card number for every new order, if this is the chosen payment method.
7.3. If payment is effected via PayPal, the Customer will be transferred to the PayPal payment page where, using the relative PayPal credentials the payment process can be completed. The transmission of the Customer's credentials will be through encrypted transmission protocols with 128-bit SSL (SecureSocketLayer) system, directly on the PayPal page, and such data will not be accessible to RJV. The Customer's account will be charged the moment the order is processed.
7.4. In the event that RJV can not process the order due to the unavailability of the chosen Products, the order will be cancelled and the amount of the order, if already paid, will be refunded to the Customer. In the event that, for whatever reason, it is impossible to debit the amount due by the Customer, the purchase process will be cancelled and the order deemed null and void. The Products will remain the property of RJV until full payment is received for the order by RJV, which shall be effected within a maximum of 7 (seven) days from the date of the order confirmation.
7.5. The Customer agrees to receive the receipt for the purchase made in electronic format only.
7.6. The Customer may only request the issue of a formal tax invoice during the order process, providing the relative VAT number or Tax Code as and where required. It will not be possible to request a formal invoice after completing the order.
8. Right of withdrawal
8.1. Pursuant to Art. 49 of Legislative Decree no. 206 of 6 September 2005 (Consumer Code) please find below the Information Notice on the Right of Withdrawal.
The Customer has the right to withdraw from the contract, without indicating the reasons, within 14 days.
The withdrawal period expires after 14 days starting from the day on which the Customer acquires physical possession of the item. To exercise the right of withdrawal, the Customer is required to inform RJV of his/her decision to withdraw from this contract with an explicit declaration (for example, registered letter, fax or email). The Customer has the right to use the "facsimile" withdrawal form provided under section 8.2 of these "General Terms of Sale". Registered customers can use the return procedure available in the "Order history and details" section of their account, as described in section 8.3. The duly completed forms shall be sent to the e-mail address email@example.com. The Customer can also send any other explicit declaration of withdrawal, other than the provided forms, to the same e-mail address. In the event that the Customer chooses the electronic option to send the declaration of withdrawal, RJV will promptly send the Customer on a durable medium (for example by e-mail) confirmation of receipt of the declaration of withdrawal.
To meet the withdrawal deadline, it is sufficient for Customers to submit the withdrawal notice before the withdrawal period expires.
If the Customer withdraws from this contract, all the payments made out to RJV, including delivery costs, will be refunded to the Customer without undue delay and in any case no later than 14 days from the day on which RJV is notified of the Customer's decision to withdraw from this contract. If for the initial transaction the customer chose to pay by credit card or via PayPal, the refund shall be effected using the same means of payment. In any case, the Customer shall not be charged any costs as a consequence of such refund.
The refund can be suspended until the goods are received. The Customer shall return the goods or deliver them to RJV, without undue delay and in any case within 14 days from the day on which the former notified RJV of his/her withdrawal from this contract. This deadline is met if the consumer sends back the goods before the period of 14 (fourteen) days has expired. RJV shall only bear the direct cost of returning the goods if the procedure is completed correctly. The consumer is liable for any diminished value of the goods only where that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods.
8.2. In accordance with art. 54 of Leg. Decree no. 206 of 6 September 2005, please find below the standard withdrawal form, which the Customer can use to inform RJV on his/her decision to exercise the right of withdrawal, as an alternative to any other explicit declaration or to the form provided in section 8.3.
To the kind attention of RJV - Rinomate Jeanserie Venete SRL, Via Campolongo 4, 35010 Campodoro (PD) - Italy
FAX: +39 049 9065770
I/we (*) hereby notify the withdrawal from my/our (*) purchase contract of the following goods/services (*):
Ordered on (*) / received on (*):
Name of the Purchaser(s):
Address of the Purchaser(s):
(*) Delete the non-applicable option
8.3. Registered Customers can communicate their intention to exercise the right of withdrawal by accessing the "ORDERS" section of their account and subsequently clicking on the "details" link next to the order which includes the article for which they intend to exercise the right of withdrawal. RJV shall promptly send the Customer on a durable medium (for example by e-mail) confirmation of receipt of the declaration of withdrawal.
8.4. Before returning the goods, the Customer shall wait to receive the RMA (Return Material Authorisation) form which will be sent by RJV via e-mail following receipt of the declaration of the intention to exercise the right of withdrawal by the Customer, if communicated within the deadlines and using the methods described in points 8.1, 8.2 and 8.3
8.5. To return the goods subject to the right of withdrawal, the Customer shall use the collection service by express courier commissioned by RJV, with expenses charged to RJV. Returns with couriers other than those previously commissioned by RJV will not be accepted.
8.6. When using the express courier collection service commissioned by RJV, the Customer shall include the RMA form received from RJV inside the package. All carriage expenses are charged to RJV.
8.7. It will not be possible to change the purchased goods. In the event that the Customer wants to exchange any goods, the purchased product shall be returned following the procedure provided in the previous paragraphs, and then place a new order.
8.8. The Products returned using the right of withdrawal process shall be new, in excellent condition, and must only have been tested, therefore with no signs of wear or dirt. The Products must be returned in the original packaging together with any accessories, instructions for use and labels, along with the transport document used in the original packaging, taking care to remove or obscure any label or material related to the previous shipment.
8.9. If the returned Products do not comply with such requirements, or if the terms and conditions for exercising the right of withdrawal are not respected, the withdrawal shall not be deemed as effective. In this case the Customer shall not be entitled to receive the refund of the amounts already paid. The Customer may, at his own expense, take repossession of the Products in the condition in which they were delivered to RJV.
8.10. The acceptance or non-acceptance of the returned Products shall be reported to the Customer by email.
8.11. RJV is not responsible for refunds for Products shipped but never received by RJV due to loss, theft or damage or other causes beyond the control of RJV.
9. Legal guarantee of conformity
9.1. The Products purchased through the Website are subject to the Consumer Code regulations regarding the legal guarantee of conformity and commercial warranties.
9.2. The legal guarantee of conformity shall apply to Products that highlight conformity defects which were not found at the time of purchase and which are detected within the term of 2 (two) years from the delivery of the Product
9.3. The warranty only refers to the presence of Product nonconformities. No warranty is applicable in the event of damage to the Product arising from negligence by the Customer or from nonconforming use and/or washing of the Product in relation to the Product's own requirements and/or the instructions provided by RJV and/or indicated in the documentation attached to the Product, on tags, labels or in its packaging.
9.4. To enforce the warranty, the Customer must report the lack of conformity to RJV no later than two months from the date on which the defect was discovered, by sending an email to firstname.lastname@example.org containing:
· The customer's identification details;
- The order number;
- Information on the defect and/or non-conformity detected;
· At least 1 photograph of the Product that shows the detected non-conformity.
9.5. If RJV decides to authorise the return of the Product, only for cases of goods that are faulty or do not conform to the ordered products, the Customer shall return it by express courier at the expense of RJV. After receiving the goods and having carried out the quality checks, if the non-conformity of the Product is duly detected, RJV shall effect a refund using the same payment method used by the Customer at the time of purchase of the Product.
10.1. RJV can not be held liable for failure to process the order within the foreseen time frame, or for the non-execution of the Sale Contract, in the event that the same to unforeseeable circumstances or force majeure events or for any reason not attributable to RJV.
10.2. RJV can not be held liable for any inconvenience or damage resulting from the use of the Internet or the incorrect or intensive use of the items sold on the Website.
11. Applicable Law
11.1. These General Terms of Sale are governed by Italian law, and the contracts are understood as concluded in Italy.
11.2. The regulatory framework governing e-commerce contracts comprises the following standards:
- Directive 2000/31/EC;
· Legislative Decree no. 70/2003;
· Legislative Decree no. 206/2005 (Consumer Code)
- Directive 2011/83/EC;
- Legislative Decree no. 21/2014.
11.3. The Consumer Court Judge is granted full jurisdiction concerning any disputes regarding Consumers.
12. Intellectual property
12.1. Use of any trademarks, names, textual and graphic contents, illustrations and images reproduced on the Website is strictly prohibited except for exclusively private use. Any total or partial reproduction of the Website is strictly prohibited, and access to the Website or the purchase of the Products does not give rise to any right on the contents and trademarks reproduced on the same Website.
13. Processing of Personal Data
13.1. The collection of the Customer's personal data is mandatory in order to execute the contract. The Consumer hereby declares and guarantees that the personal details provided to RJV during the registration and/or purchase process are truthful and accurate. Failure, partial or inaccurate collection of the Customer's data by RJV may make it impossible to execute the contract.
13.2. RJV guarantees the processing of the Customer's personal data shall be carried out in accordance with and in compliance with Legislative Decree no. 196/2003 (Privacy Code) and ensures that specific security measures are adopted to prevent data loss and/or their illicit and/or unauthorised use. The data provided by the Customer shall be registered by RJV and used to execute the contract and, upon obtaining due consent, any other activities as illustrated in the specific Information Notice on the Personal Data Protection Code provided to the Consumer via the Website during the registration phase.
14. Contact Us
14.1. Customers can contact the RJV Customer Service regarding any questions and clarifications related to the Website, the General Terms of Sale, online purchases, the status of an order, the return of Products or refunds by sending an e-mail to email@example.com.