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General Terms and Conditions of Sale
Date of publication on the website and effective date 05/04/2018
Object 1.1. These general terms and conditions of sale (hereinafter also the "Conditions") apply to the purchase of products under the "Drumohr" brand (hereinafter "Products" or in the singular "Product") made through the e-commerce site (hereinafter the "Site") by users qualifying as "Consumers" pursuant to the subsequent article
1.2. The Site, owned by Robertson S.r.l., with registered office in Milan, via Manzoni 45- 20121 Milan, tax code, VAT number and Milan Companies Register number 03591640960, ReA n. MI 1855665 (hereinafter "Owner"), is managed by Robertson S.r.l. -
1.2. The subject who proceeds with the purchase of one or more Products for purposes not related to their entrepreneurial, commercial, artisanal or professional activity, as a buyer (hereinafter the "Consumer"), (Seller and Consumer will hereinafter be collectively referred to as the "Parties"). The activities of processing purchase orders, including the delivery of Products, will be managed directly by the Owner.
1.3. Any communication from the Consumer connected and/or related to the purchase of Products - including any reports, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and according to the methods indicated on the Site and to the e-mail address customercare@drumohr.com.
1.4. Each purchase is governed by the general terms and conditions of sale in the version that will be published on the Site at the time of transmission of the order by the Consumer.
1.5. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Subjects who are not Consumers are invited not to place purchase orders. If one or more sales are made to a subject who cannot be qualified as a Consumer, these Conditions will apply but, in derogation of what is provided for in them:
a) the purchaser will not be granted the right of withdrawal referred to in article 10;
b) the purchaser cannot benefit from the warranty on the Products indicated in article 8;
c) the purchaser will not be granted other possible protections, provided herein in favor of the Consumer, which reflect or comply with mandatory legal provisions; d) the sales contract concluded between the Seller and the purchaser will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
1.6. At the same time as the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions will be sent to him via e-mail to the address declared by him during registration on the Site or during the purchase process.
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, which the Consumer declares to possess.
1.8. Any costs for the Internet connection to the Site, including telephone costs, according to the rates applied by the operator selected by the Consumer, are exclusively borne by the Consumer.
1.9. 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 Conditions 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 Conditions at any time, at its discretion, without the need to provide any notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.
2.3. The prices, the Products for sale on the Site and/or their characteristics, may be subject to changes without notice. Such variations only apply to orders not yet confirmed at the date of the variation. In any case, before sending the purchase order pursuant to the following point 3, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the States that are indicated on the Site.
3.Methods of purchasing Products - Completion of each individual purchase contract
3.1. The presentation of the Products on the Site, 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 transmitted by the Consumer to the Seller through the Site has the value of a contractual proposal and is governed by these Conditions, 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 any reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy through the print command and to store or reproduce a copy for their personal use. Furthermore, 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 the Consumer, to the e-mail address declared by the Consumer to the Seller at the time of registration on the Site or of the transmission of the order if the Consumer is not registered on the Site, an e-mail confirming the order itself, which will include the link to the text of these Conditions, the summary of the order placed, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the ordered Product. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be electronically archived 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 the address customercare@drumohr.com
3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4.Procedure for selecting and purchasing Products
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and inserting them in the appropriate virtual shopping cart. After completing the selection of Products, to execute the purchase of the Products inserted in the cart, the Consumer will be invited to (i) register on the Site, providing the required data, or (ii) to log in, if the Consumer is already registered or (iii) to provide their data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will view a summary of the order to be executed, the contents of which can be modified: then, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box present on the Site and finally, through the "Submit order" button, the Consumer will be asked to confirm their order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and the payment method, from those available. If the Consumer decides for the immediate payment method (contextual to the purchase) by credit card, PayPal or immediate bank transfer, they will be required to communicate the relevant data through a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the personal details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged only at the time of transmission of the order confirmation from the Seller to the Consumer.
4.2. If during the procedure for selecting the Products on the Site referred to in the previous point 4.1, the Consumer notices that the price of one or more of the Products they intend to select for subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem that occurred on the Site, they are asked not to complete their purchase order and to report the aforementioned technical error to the Seller's Customer Service, by sending an e-mail to the e-mail address customercare@drumohr.com
5.Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and the delivery times of the same, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do what is within its power in order to respect the delivery times indicated on the Site and, in any case, to execute the delivery within a maximum time of 30 (thirty) days starting from the day following that on which the Consumer has 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 communication to the Consumer and will refund the sums possibly already paid by the Consumer for the payment of the Product pursuant to the following par. 5.3. If the Consumer has chosen bank transfer as the payment method, the delivery term will run from the receipt of the payment by the Seller.
5.3. The shipment of the Products ordered by the Consumer will take place in the manner selected by the Consumer, from those available and indicated on the Site at the time of sending the order. The Consumer undertakes to promptly check and in the shortest possible time that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or their non-conformity with the order placed, according to the procedure referred to in the following art. 8 of these Conditions, in the absence of which the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer should arrive at the destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery "with reservation".
6.Prices, shipping costs, taxes and duties
6.1. The price of the Products is that indicated on the Site at the time of sending the order by the Consumer. The prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), but do not include shipping costs which are calculated before the order confirmation transmitted by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site. 6.2. The Consumer must pay the Seller the total price, as reported in the order and in the order confirmation sent via e-mail by the Seller to the Consumer. 6.3. If the Products are to be delivered to a country not belonging to the European Union, the total price indicated in the order and reiterated in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the Consumer hereby undertakes to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, according to the provisions of the law of the country in which the Products will be delivered. The Consumer is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the Products. 6.4. Any further cost, charge, duty, tax and/or levy that a given country should apply, for any reason whatsoever, to the Products ordered under these Conditions shall be borne exclusively by the Consumer. 6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes and/or levies referred to in the previous paragraphs. 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute a cause for termination of this contract and that they cannot in any way charge the aforementioned charges to the Seller.
7.Payments
7.1. Payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin at the time of crediting the price of the Product(s) purchased on the Seller's current account.
7.2. Payment can be made by credit card (Stripe), via PayPal or Bank Transfer, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a protected site and the credit card data will be communicated directly to the provider. The data transmitted will be sent in protected mode, through the encrypted transfer of data with SSL (SecureSocketLayer) system at 128 bit. This data is not accessible even to the Seller.
7.4. If payment is made by bank transfer in favor of the Seller, the Consumer must indicate the "Swift" and "IBAN" codes shown in the order confirmation, as well as the order number.
7.5. The Seller will promptly transmit to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the Consumer, the tax receipt relating to the purchase made, if the Products purchased are to be delivered in the Italian territory, or attached in paper format to the purchased Products, in all other cases.
8.Seller's legal guarantee of conformity, reporting of conformity defects and warranty interventions
8.1. Pursuant to and for the effects of the European Directive 44/99/EC and the Italian Legislative Decree no. 206/2005 (hereinafter "Consumer Code"), the Seller guarantees to the Consumer that the Products will be free from design and material defects as well as 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 warranty is excluded in case of use or washing of the Product not in accordance with that proper to the Product and the instructions/warnings provided by the Seller and/or the Owner, or reported in the reference illustrative documentation, tags or labels.
8.2. Under penalty of forfeiture of this warranty, the Consumer has the obligation to report any defects and non-conformities within and no later than 2 (two) months from discovery, by transmitting to the Customer Service at the address customercare@drumohr.com Seller's Customer Service, by e-mail to the address info@drumohr.com, the appropriate form duly completed, indicating the defect and/or non-conformity found, as well as the related documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation transmitted by the Seller and/or the tax receipt).
8.3. Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner's assistance service and, after having carried out the quality controls aimed at verifying the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with a response, containing the "Return Code", via e-mail to the address provided by the latter during the registration process on the Site or during the transmission of the order. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained 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 authorization for return bearing the "Return Code", within 30 (thirty) days from the report of the defect or non-conformity, to the following address:
Robertson
via Luigi Ciocca, 11
Quinzano d'Oglio (BS)
25027
8.4. In case of defects or non-conformities, the Consumer will have the right to have the conformity of the Product restored by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree no. 206/2005. If the Seller has undertaken to reimburse the Consumer for the price paid, the refund will be made, where possible, using the same means of payment used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the Consumer's responsibility to communicate to the Seller, always via e-mail to the address customercare@drumohr.com, the bank details to make the transfer in their favor and to ensure that the Seller is put in a position to be able to return the amount due.
9.Liability for damage from defective products
9.1. Regarding any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, in the capacity of distributor of the Products through the Site, is released from any liability, none excluded and/or excepted, by indicating, at the request of the damaged Consumer, the identity and domicile of the relative producer.
10.Right of withdrawal
10.1 Subject to the exceptions referred to in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within the term of 14 (fourteen) days from when (i) the Product has been delivered or (ii) in the case of purchase of multiple Products delivered separately with a single order, the last product has been delivered.
10.2 To exercise the right of withdrawal, the Consumer, before the expiry of the term referred to in the previous point 10.1, must access the "My returns" page from My Account or, if not registered on the site, by accessing the dedicated page and entering the order number and the e-mail with which they made the purchase. Alternatively, the Consumer can send an explicit declaration through the contact form or to the e-mail address customercare@drumohr.com, of their decision to withdraw using the attached standard withdrawal form.
10.3 Following the provisions of the previous point 10.2, the Consumer will receive an e-mail confirming the exercise of withdrawal, containing, in the case where they have in the meantime already received the ordered product, the return form to be inserted in the package, and the instructions for proceeding with the return of the product, to be transmitted within and no later than the following 14 days to:
Robertson
via Luigi Ciocca, 11
Quinzano d'Oglio (BS)
25027
10.4 If the Consumer has received the product, they are required to return it to the address above without undue delay and, in any case, within 14 days from the day on which they communicated the withdrawal. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the Consumer.
10.5 In case of withdrawal, the Consumer will be reimbursed for the payments they have made, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery different from the least expensive type of standard delivery offered), 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 requests a refund on a different means of payment, in which case any additional costs deriving from the different means of payment will be borne by the Consumer. The refund may be withheld until receipt of the goods or until the Consumer has demonstrated that they have sent back the goods, if earlier.
10.6 The Consumer is responsible for the diminished value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, chipping, scratching, deformation, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product), not accompanied by the instructions/notes/manuals attached, from the original packaging and packaging and from the warranty certificate, where present, the Consumer will be responsible for the decrease in the asset value of the good, 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 good beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products with another protective packaging that preserves its integrity and protects it during transport also from writings or labels.
11.Intellectual property rights
11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of Robertson S.r.l and/or its assignees, without the Consumer deriving any right over them from accessing the Site and/or purchasing the Products.
11.2. The contents of the Site cannot be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Robertson S.r.l..
12.Consumer data and privacy protection
12.1. In order to proceed with registration, submission of the order and therefore the conclusion of the contract on the basis of these Conditions, some personal data are required from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and by Robertson S.r.l., in compliance with and in accordance with the regulations of the Italian law Legislative Decree no. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Site and, subject to their consent, for any further activities as indicated in the specific privacy information 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 truthful.
12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the appropriate section of the Site "My Account" accessible after authentication.
12.4. For any further information on how the Consumer's personal data is processed, please access the Privacy Policy section and carefully read the General Terms of Use.
13.Security
13.1. Although the Seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has authenticated (login), are not accessible or viewable by unauthorized third parties.
13.2. The Seller, with regard to data relating to credit card payments, uses the services of the company Global Collect Service BV which adopts technological systems aimed at guaranteeing the highest levels of reliability, security, protection and confidentiality in the transmission of information via the web.
14.Applicable law, attempt at conciliation and competent court
14.1. Each sales contract concluded between the Seller and Consumers pursuant to these Conditions will be governed and interpreted in accordance with Italian laws and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, the rights possibly attributed to Consumers by mandatory legal provisions in force in the State of the latter will be safeguarded.
14.2. In the event of disputes between the Seller and a Consumer, we guarantee from now on our participation in an attempt at amicable conciliation that each Consumer can promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows to reach a satisfactory agreement, with the help of a neutral and competent conciliator, in a friendly and secure way on the internet. For more information on the RisolviOnline regulation or to send a conciliation request, access www.risolvionline.com.
14.3. As an alternative to the attempt at conciliation referred to in the previous point 14.2, the Consumer also has the option of accessing the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair out-of-court resolution of disputes concerning contractual obligations deriving from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, selectable from a special list available therein. For more information on the European ODR Platform or to start, through the latter, an alternative dispute resolution procedure relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller's e-mail address to be indicated in the European ODR Platform is the following: customercare@drumohr.com
14.4. If the attempt at conciliation referred to in the previous point 14.2 or 14.3 is not adhered to or if such attempt should have a negative outcome, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.