published on the website and entered into force from 05.07.2019
I.I These General Online Sales Conditions (or “Online Sales Contract” or “Contract” or “Conditions”), relate to the purchase of “Okyroe” brand products (hereinafter “Products“) or other brands proposed by Roè srl through the website www.okyroeshop.com (hereinafter the “Site“) by users (hereinafter “Customer” or “Customers” or “Professional Customer” or “Professional Customers”).
I.II Site owner is Roè srl (hereinafter, “Roè” o “Supplier”) with registered office in Via del Risorgimento, 27 – 37126 VERONA, registered in the CCIAA (Local Commerce Chamber) of Verona, tax code and VAT number 04400120236 REA: 417144, email: firstname.lastname@example.org . Customer Service of Roè available at +39 045 6937482 E +39 329 8294999 Monday to Friday, h9.00 – h13.00 / h14.00 – h18.00 (UTC +1).
I.III These General Online Sales Conditions may be printed or saved on a durable medium, in accordance with the relevant legal provisions. The Customer may also request that a copy of the same be sent to him via email.
1.1. The term “General Online Sales Conditions” means the Contract of sale relating to the movable tangible assets of the Supplier (Roè), stipulated between the latter and the Customer as part of a distance selling system through telematic means (internet), organized by the Supplier (Roè).
1.2. The term “Customer” means the consumer, a physical person who makes the purchase, referred to in this Agreement, for purposes not related to any commercial or professional activity performed.
1.3. The term “Professional Customer” refers to natural persons or legal entities that purchase the goods for purposes related to their professional activity, indicating a VAT number in the Order form.
1.4. The term “Supplier” or “Roè” means the person indicated in the above section “Contacts”.
2. Purpose of the agreement
2.1. With this Agreement, respectively, the Supplier sells and the Customer acquires remotely through movable means the material movable property indicated and offered for sale on the site www.okyroeshop.com.
2.2. The products referred to in the previous point are illustrated on the web pages www.okyroeshop.com.
2.3 Any purchase made using the methods provided on the sites (Order Form, hereinafter the “Order”) is governed by these General Online Sales Conditions (hereinafter “Conditions”), in the version published on the Site at the time of the order transmission by the Customer, and by the Italian Consumer Code (Legislative Decree no. 206/2005), section II Distance contracts (articles 50 – 67) and by the Italian laws on electronic commerce (Legislative Decree 70 / 2003), [http://www.codicedelconsumo.it/]. Roè reserves the right to modify or implement the Conditions at any time and without notice.
For “Professional Customers”, or those who purchase the goods for purposes related to their professional activity, indicating a VAT number in the Order, purchases are exclusively regulated by what is defined by the Civil Code for matters not envisaged herein.
2.4 With the dispatch of the Order the Customer declares, 1) to have read all the information provided to him during the purchase procedure and to fully accept these General Online Sales Conditions. 2) to have the legal age (18 years) and the ability to act.
3. Conclusion of the Contract
3.1 The Contract between the Supplier and the Customer is concluded exclusively through the internet through the Customer’s access to the address www.okyroeshop.com, where, following the procedures indicated, the Customer will come to formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
3.2 The Contract of Sale, generated with the Order placed on the Site by the Customer between Roè and the Customer, will be considered concluded with the acceptance, even if only partial, of the order by Roè. In case of non-acceptance of the order, Roè will promptly notify the Customer.
4.1. The Contract is not considered completed and effective between the parties in default of what is indicated in the previous point.
4.2. The Customer, after viewing the Products of his interest on the web pages www.okyroeshop.com of the Sites, may proceed by selecting them and entering them in a virtual Cart. Once the selection of the Products has been completed, to complete the purchase, the Customer must:
1) register on the Site, providing the data requested in the relevant proposed Form, or
2) log in, if the Customer is already registered, or
3) provide their data in order to complete the Order and the Purchase.
4.3. Subsequently, the Customer will be offered a summary of the Order in execution which, in case of need, can be modified following a specific procedure. Customer can then change the quantity of the selected Products, adding or removing them from the Cart.
4.4. After the eventual modification, the Customer will see the summary of the Order in which the details of the Customer will be reported, the shipping address, the prices and the cost of the ordered products, the shipping costs and any other charges, and will be requested further confirmation of the purchase.
4.5. After this summary the customer will have to opt for the payment method. Once the payment has been made, the Customer can forward the Order by clicking on the appropriate button.
4.6. Following the receipt of the Order, Roè will send the Customer an e-mail confirming acceptance of the same – or denial with explanation of the reason if applicable – to the e-mail address communicated by the Customer. This communication also constitutes the Conclusion of the Online Sales Contract. The same email will contain an Order Number, useful for any subsequent communication concerning it, the summary of the Order itself, the Purchase Conditions, according to the envisaged legislation, with the data entered by the Customer, for verification.
4.7. Following the acceptance and shipment of the Products of an Order and receipt of payment by the Customer, Roè will issue an Invoice which will be sent, exclusively by email, to the email address communicated by the Customer.
5. Payment Methods and Reimbursement
5.1. The payment methods provided are by credit card, PayPal payment system, or bank transfer.
5.2. Payments by Credit Card and PayPal provide for the use of encrypted procedures to guarantee the security of the Customer’s data. Roè guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
5.3. Payment by Credit Card
In case of payment by Credit Card (Visa, Mastercard, American Express), the transaction can take place through a secure server selected by Roè. In no case and at any stage of the payment Roè will be aware of the information relating to the Customer’s credit card, transmitted via secure connection directly to the site of the bank in charge of the transaction. No computerized or other monitoring or archiving is carried out by Roè on such data, therefore Roè cannot in any case be held responsible for any fraudulent or improper use of credit cards by third parties at the time of payment.
Payment through Paypal takes place according to the specific procedures provided by the same circuit.
5.5. Bank Transfer
In case of payment of the order by bank transfer, the customer will see the bank details of Roè where to make the payment. Payment by bank transfer involves an additional cost of [€ 5.00] charged to the customer. Shipment of Products will take place after the effective receival of the payment in the bank.
Customer must make the Bank Transfer directly with his bank and notify Roè by email to the e-mail address email@example.com or with the special Form on the Site, uploading a copy of the same bank transfer.
5.6. Any reimbursement of payments made by the Customer to Roè will be credited to him in the same manner in which he made the payment, unless otherwise agreed with the Roè Customer Service. Roè will perform the reimbursement in a timely manner and, in the case of exercising the right of withdrawal, as governed by clause 13, point 2 and following of this Agreement, within a maximum of 30 days from the date on which Roè became aware. of the withdrawal itself. Shipping costs incurred by the Customer in the event of return of a Product are not refundable.
6. Delivery Times and Methods
6.1 Roè undertakes to deliver the Products purchased on the Website www.okyroeshop.com, to the address notified by the Customer, within 1-3 working days * from the date of confirmation of the Order sent by mail from Roè and the conditions therein contained. For deliveries to islands and in areas with reduced service, as defined by the courier in use, within 2-5 working days from the date of confirmation of the order sent by mail from Roè and the conditions therein contained.
(*) working days = Monday – Friday, except for national holidays in Italy
6.2 Delivery times indicated by Roè must be considered as indicative and subject to changes or delays for reasons not attributable to the will of the Supplier. In case of need, in order to guarantee the best service to the Customer, the delivery of products ordered in a single time can be carried out with subsequent partial shipments without being able to give reason for refusal of the deliveries themselves and/or request for compensation or indemnity. In this case, the total cost of shipments may not exceed the amount provided and communicated to the Customer at the time of acceptance of the Order.
6.3 Upon delivery of the products, the Customer is required to check:
1) that the number of items delivered corresponds to what is indicated in the transport document.
2) that the packaging is intact, not damaged neither wet or otherwise altered, even in the closing materials (adhesive tape or metal staples).
Any damage to the packaging and/or to the product or the mismatch in the number of packages, items or indications, must be immediately detected, affixing a specific indication on the delivery document of the product to be returned to the courier.
7.1. All Product prices shown on the Sites are inclusive of VAT, are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code. Shipping costs or payment management costs are communicated to the Customer in advance on the Sites.
7.2. Product prices may vary without notice. For the purposes of each Order, the prices shown on the Sites are valid at the time the Order is sent.
8.1. Roè ensures, through the informatic system used, the processing and delivery of Orders without undue delay.
8.2. In case an Order exceeds the quantity existing in the warehouse, Roè, by e-mail, will inform the Customer if the product is no longer bookable or what is the waiting time to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. Through its IT system, Roè will confirm the registration of the Order each time and as soon as possible by sending an e-mail confirmation to the user, pursuant to point 4.6.
9.Limitation of Liability
9.1. Roè assumes no responsibility for any disservice due to force majeure, in case of failure to execute the order within the time established by the Contract.
9.2. Roè cannot be held responsible to the Customer, except in the case of wrongful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its own control or that of its sub-suppliers.
9.3. Roè will furthermore not be liable for damages, losses and costs incurred by the Customer as a result of failure to perform the Contract for reasons not attributable to Roè, as the Customer is only entitled to a full refund of the price paid.
9.4. Roè assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment for the Products purchased, as long as Roè can prove that has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5. In no case will the Customer be held responsible for delays or inconveniences in the payment if he proves to have made the payment in the times and ways indicated by Roè.
10.Liability for Defects, Proof of Damage, Reparable Damages and Customer Obligations
10.1. Pursuant to the Italian Consumer Code (Legislative Decree 206/2005, Part IV, Articles 102-135), the Supplier is liable for damage caused by defects in the Product sold if it fails to communicate to the injured party, within the time limit of three months from the request, the identity and domicile of the producer or the person who supplied him with the Product.
10.2. In case of non-compliant (defective) Product, the Customer has the right to immediate reimbursement, upon written request in which he must indicate the Product that caused the damage, the place and the date of the purchase.
10.3. Il Cliente danneggiato dovrà provare in ogni caso il difetto, il danno, e la connessione causale tra difetto e danno.
10.4. The Customer undertakes to pay the price of the Product purchased according to the times and methods indicated in the Contract.
10.5. The Customer undertakes, once the online purchase procedure has been completed, to print and keep this Contract.
10.6. The information contained in this Agreement has, however, already been viewed and accepted by the Customer, who acknowledges it, as this step is mandatory before the purchase confirmation.
11.Guarantees and Assistance
11.1. The Products offered on the Site comply with EU and national legislation. The presentation of the Products on the pages of the Site may differ from their actual status due to technical settings or limitations.
11.1. Roè is responsible for any possible lack of conformity of the Products offered that have occurred within the time period and the conditions of use envisaged for the nature of the Products.
11.5. In the event of a lack of conformity, the Customer may request, alternatively and free of charge, at the conditions indicated below, the replacement of the purchased Product, a reduction in the purchase price or the termination of this Agreement, unless the request is objectively verified impossible to satisfy or result excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request referred to in the previous article must be sent in writing (Registered letter, Certified mail) and in any case subject to contact and agreement with the Roè Customer Service.
12.Right to withdrawal
12.1. The Customer has the right to withdraw from the stipulated Contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days, starting from the day of receipt of the purchased Product.
12.2. For the purpose of exercising the right of withdrawal, the Customer must, within the term of validity of the right of withdrawal, inform Roè of his decision by means of a documented communication (eg Registered letter, Certified mail) or with the return of the purchased Product, provided they are in the same terms, intact and, in any case, in normal state of preservation. The direct costs of returning the Products will be charged to the Customer.
12.3. The Customer cannot exercise this right of withdrawal for the purchase of Products which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly, due to hygienic reasons (eg opened after delivery) or that the Supplier is not able to control and in any other case envisaged by art. 55 of the Consumer Code.
12.4. Roè will refund the entire amount paid by the Customer free of charge within a maximum period of 30 (thirty) days from receipt of the notice of withdrawal.
13.1. The obligations referred to in paragraph 10.4, assumed by the Customer, as well as the guarantee of the successful completion of the payment that the Customer makes with the means referred to in art. 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that by express agreement, the non-fulfillment of only one of these obligations, where not determined by unforeseeable circumstances or force majeure, will result in the resolution of right of the Contract pursuant to art.1456 of the Italian Civil Code, without the need for judicial ruling.
14.1. Roè undertakes to protect the Privacy of its Customers and/or visitors to its site and guarantees that the processing of their data complies with the provisions of the EU Regulation 2016/679 (“General Data Protection Regulation – GDPR”).
[NOTE: * REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 concerning the protection of natural persons with regard to the processing of personal data, as well as the free movement of such data and repealing Directive 95/46 / EC (regulation on data protection)].
15.1. According to the art. 12 of Legislative Decree 70/2003, the Supplier informs the Customer that every order sent is stored in digital / paper form on the server / at the Supplier’s headquarters, according to criteria of confidentiality and security.
16.Communications and Complaints
16.1. Written communications to Roè and any complaints will be considered valid only if sent to the address: Roè srl, Via del Risorgimento, 27 – 37126 Verona (VR) Italy, or sent by e-mail to firstname.lastname@example.org. The Customer must indicate in the Registration Form his or her residence or domicile, the telephone number or e-mail address to which he/she wishes to receive communications from the Supplier.
17.Applicable Law, Disputes, Jurisdiction and Integration Clause
17.1. All disputes arising from this Agreement will be transferred to a conciliation attempt at the Chamber of Commerce mediation body of Verona and resolved according to the conciliation rules adopted by the same.
17.2. If the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of the place of residence or domicile of choice of the Customer, mandatory pursuant to art. 33, paragraph 2, letter u) cod. cons.
17.3. These General Online Sales Conditions are governed by Italian law.
17.4. For all matters not specified herein, the laws applicable to the relationships and the cases envisaged in this Agreement apply, and in particular the art. 5 of the 1980 Rome Convention.
17.5. According to the art. 60 of the Consumer Code, the discipline contained in Part III, Title III, Chapter I of the Consumer Code. is expressly referred to here.
These General Online Sales Conditions repeal and replace any agreement, understanding, negotiation, written or oral, previously intervened between the parties concerning the subject of this Agreement.