GENERAL TERMS AND CONDITIONS OF SALE
The sale of the “OWAY” brand products (hereinafter, also just “Products” or “Product”) concluded remotely through the www.oway.it site (hereinafter referred to as the “Site”) is regulated by the following General Terms and Conditions of Sale (hereinafter, also “GCS”).
For the purposes of these General Terms and Conditions of Sale, the Buyer and Rolland (hereinafter also just the “Seller”) are individually or jointly referred to respectively as the Party or Parties.
The Buyer declares and guarantees that the purchase of the Products on the Site is not carried out for professional purposes, and is intended for personal use. Therefore the resale, lease or transfer for any commercial or professional purpose of the products acquired on the Site are expressly forbidden.
These General Terms and Conditions are published on the Site to allow the buyer to learn the conditions and methods with which the seller (hereinafter “Rolland” or “Seller”) carries out the sale and delivery of the products ordered, in addition to defining the rights and obligations of the Parties relative to the sale of the products by Rolland to the user (previously and later the “Buyer”). The GCS are also intended to permit storage and reproduction by the Buyer pursuant to Art. 12, paragraph 3, of Italian Legislative Decree No. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC relative to certain legal aspects of information company services in the internal market, with particular reference to electronic commerce”) and subsequent modifications and additions. The GCS apply, without any limitation or condition, to all sales of products offered by Rolland on its Site, which is accessible via the Internet at the address www.oway.it, and also, in a version optimised for mobile devices, at the address www.oway.it
These General Terms and Conditions of Sale must be carefully read by the Buyer before completing the purchase procedure of the products and/or services through the Website. Any purchase order sent (hereinafter the “Order”) for one or more Products sold on the Site implies the Buyer’s total and unconditional acceptance of the General Terms and Conditions of Sale, as well as the General Conditions of Use of the Website.
Rolland reserves the right to change these GCS at any time. Therefore, the Buyer will be asked to accept exclusively the General Terms and Conditions in force at the time of the relative purchase. Any modifications and/or additions will only be effective for purchase orders made after the date of the modification and/or addition.
2. Information on the Seller
The Rolland S.r.l. Company is the exclusive Italian licensee of the industrial property rights relative to the Oway registered trademark. The registered head office is in Via Gaibara 9/4 - 40136 Bologna and the operational and administrative headquarters are in Granarolo dell'Emilia, locality Cadriano, Via Giuseppe di Vittorio no 11. Tax Code 04170270377; VAT Number 00820241206, email firstname.lastname@example.org
3. Personal Information
The Seller states that it is possible to enter the www.oway.it Site without being a registered user and to access the information, the product sheets, the base price list and all those services which do not require personal information to be entered in order to be used.
Entering the information requested is a necessary condition in order to use the online purchase services. The conferment of the data is not obligatory but is aimed at establishing and maintaining contractual relations with the Supplier which cannot take place if refused.
An account does not have to be created to make the purchase. The Customer can purchase products as a “Guest”, providing only the information requested so that the servers of the Supplier can correctly register and ship the order.
Relative to the aforementioned information, the Customer can exercise all the rights of Italian Legislative Decree 196/2003. The information conferred or in any case referable to the Customer can be communicated:
• to outside subjects who perform specific tasks for us (delivery of merchandise, bookkeeping, tax fulfilments, management of information systems, market research).
• to banks, for the management of collections and payments resulting from the implementation of the order
4. Characteristics and availability of the Products
Before sending the Order, the Buyer can review all the information pursuant to Article 49 of Italian Legislative Decree no. 206 of 6 September 2005 (“Consumer Code”) on the Site such as, purely as an example but not limited to, the information relative to the Seller, the price, including taxes and shipping costs, the essential characteristics of the product/s or services which they wish to purchase together with all the other obligatory information provided by Italian law.
The Products offered on the Site comply with Italian legislation in force at the time of the Order. Rolland will not be responsible for the possible non-conformity of the products relative to the legislation of the country to which the Buyer wishes to have them delivered. The Buyer is therefore required to verify the import methods and/or use of products and services that he/she intends to order in addition to their conformity with the legislation of the destination country. Rolland cannot guarantee that the information listed on the package of the products will be translated into all the languages of the European Union. However, this information will at least be available in Italian and English.
For any information relative to the Products and their use, or for any additional question or consultation request, the buyer can contact Rolland Customer Care at the following contact information: e-mail email@example.com
The Buyer can select one or several Products available on the Site. Rolland reserves the right to modify the range of items offered on the Site and can limit, from time to time, the quantity of Products that the Buyer can order at each purchase session.
The offers presented by Rolland are valid for the entire period of time they are published on the Site and within the limits of the stock available. For products not immediately available, the offers published on the Site will be valid subject to availability. If, after sending the Order, the product should be totally or partially unavailable, the Buyer will be informed immediately by e-mail of the unavailability of the product and the total or partial cancellation of the Order.
5. Prices of the Products
All the prices of the Products offered for sale on the Site are listed in Euro and “VAT included”. Any change in the applicable VAT rate will be automatically reflected in the price of the Products.
An order will be issued for every purchase, marked by a unique identification code, containing the date it was forwarded to the system, the details of the Products purchased, the shipping costs, the individual prices VAT included and the total summary of the costs including VAT.
Rolland may modify the sales prices of the products at any time and without notice. This modification will be notified to the Buyer before any Order is sent. In any case, Rolland will not make any change to the price, availability or description of any product following Rolland’s acceptance of the Order sent by the Buyer.
In any case, the prices of the products offered for sale on the Site are applicable exclusively in the context of the distance selling over the Internet and could be different than the retail sales prices.
The prices of the Products do not include the shipping costs which, since they cannot be calculated in advance, will be determined and invoiced to the Buyer in addition to the price of the Products. The shipping costs vary depending on the address provided for the delivery of the products as well as the overall amount of the order and are displayed in the summary of the Order before the request for confirmation of the Order by the Buyer.
Rolland S.r.l. will be responsible for the violations to the Italian legislation protecting consumers, pursuant to Italian Legislative Decree 196/2003, which may be attributed to it.
In any case, Rolland S.r.l. will under no circumstance be responsible for possible violations of these General Terms and Conditions of Sale, even if foreseeable, which could be attributed to a third party, the fault of the Buyer, the occurrence of an event of force majeure, random event or any other event which is not directly attributable to Rolland S.r.l. because of its malice or gross negligence.
Rolland S.r.l. also waives all responsibility for direct and indirect damages, foreseeable or otherwise, resulting and/or connected to the use of the internet site and/or the purchase of the Products by the Buyer.
7. Buyer Obligations
The Buyer declares to be fully capable to act and stipulate an agreement to purchase products on the Internet Site based on these General Terms and Conditions of Sale. Under no circumstances can Rolland S.r.l. be required to verify the ability to act of visitors and Buyers of the Site.
The Buyer furthermore guarantees, assuming all responsibility and holding Rolland harmless for any prejudicial consequence, that their information, provided at the time of the acceptance of these General Terms and Conditions, is true and makes it possible to identify the true identity of the Customer who also undertakes to immediately inform the Supplier in writing, also via e-mail, of any change in the information provided. The Buyer is furthermore informed of the need to provide Rolland with a valid e-mail address in order to allow the Seller to forward order confirmations and any other possible communication.
8. Contents of the site and intellectual property rights
The contents of the Site, including, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and all other elements in any format, published on the Site, including the menus, web pages, graphics, colours, organization, instruments, characters and website design, diagrams, layouts, methods, processes, functions and software are protected by copyright and by the intellectual property rights of Rolland and of other copyright holders. The reproduction, modification, duplication, copying, distribution, sale or in any case the use of the images and the contents of the Site is forbidden unless authorised in advance in writing by Rolland. The use of the contents of the Site is also forbidden for commercial and/or advertising purposes.
All other signs that distinguish products sold on the Site are the registered trademarks of the respective owners and are used by Rolland by virtue of licence, or as holder.
Any additional use of the distinguishing marks mentioned above, since it is not authorised, is forbidden. Under no circumstance can any distinguishing mark present on the Site be used to gain undue advantage from the distinctive character or its reputation or in order to cause prejudice to it and its holders.
The user can in no way alter, change, modify or adapt the Site, or the material made available by Rolland.
The circumstance in which one of the Parties does not claim against the other a violation of any of the obligations included in these GCS should not be considered as waiver to obtain the fulfilment of the obligation in question for the future.
10. Applicable law
For all the e-commerce services of Rolland, the law of the Italian State applies exclusively, regardless of the place of purchase or shipment of the Order. Any dispute relative to the existence, interpretation, implementation or termination of these GCS and/or the agreement concluded between the buyer and Rolland, will be transferred, in the absence of settlement, to the exclusive jurisdiction of the competent Courts based on the place of residence or domicile of the Buyer.