OLD General Conditions of Sale
1.1 The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site www.rota-pantaloni.com.
1.2 The products on the site can only be purchased and delivered in the countries listed on the Order Form. Any orders for shipment outside of these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by Rota srl, with registered office in Italy at Via Trento 28, 43100 Parma, tax ID and Parma Business Registry 147686, VAT n. 00800610347 (hereinafter Rota or the Seller or the Vendor).
For any information, you can contact the Customer Department of Rota: by e-mail at the following address email@example.com; by mail at following address: Rota srl, Via Trento 28, 43100 Parma – Italy.
2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders for products on www.rota-pantaloni.com and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on www.rota-pantaloni.com through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale because the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.
2.3 The products are sold to the Customer identified by the data entered at the time the electronic Order Form was filled out with the simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the site www.rota-pantaloni.com are intended for adult customers. If you are below age 18, you must have the permission of one of yours parents, or a legal guardian, before you can purchase on the website. Remember: this is always the case, not only for our site but for all the sites that you visit on the internet: always ask for your parents’ help if you see, or are asked for, information you do not understand when surfing the internet. By placing an order on this web site, you are guaranteeing us that you are an adult (18 years old) and have the legal ability to enter into a binding contract.
2.5 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.
2.6 By accepting these Conditions of Sale, furthermore, you exempt the Seller from any liability deriving from the issuance of incorrect tax documents due to errors in the data you provided when placing the order online, the Customer being the only one responsible for the their correct insertion.
3. Sales through the ecommerce service
3.1 “Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed enters into between you, as the Customer, and Rota, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
3.2 To conclude a contract for the purchase of one or more Products, you must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Interntet by following the relative instructions.
3.3 The Order contains:
- a reference to these General Conditions of Sale;
- information and pictures for each Product and its price;
- the means of payment that you can use;
- the delivery methods for the Products purchased and the relative shipping and delivery costs;
- a reference to the conditions for exercising you right of withdrawal;
- the methods and times for returning the Products purchased.
3.4 Despite Rota’s adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer you are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
3.6 The contract is concluded when the Vendor receives your Order Form over the Internet and checks the correctness of the data on your order.
3.7 The language available for concluding the contract with the Vendor is Italian and the contract is governed by Italian law.
3.8 The contract is concluded when the payment arrives, the Vendor will be responsible for filling your order.
3.9 Purchase of personalized products.
The Customer can personalize a pre-selected item, placing a word, letters (text) or even symbols on the item according to his or her preferences.
However, offensive, pornographic, defamatory and blasphemous text which contains threatening messages and incites violence, or text which violates the rights of third parties, particularly intellectual property rights, or that which beats a trademark registered to a third party, is prohibited.
Rota reserves the right to reject any name, word or sentence that falls under one of the above mentioned categories or which transmits a message which Rota considers inappropriate, or for any other reason, and without the obligation to provide the Customer with a justification or explanation.
Rota’s decision to reject the text proposed by the Customer will cause the order to be cancelled.
Placing an order of Personalized Products, the client:
- declares and guarantees that the name(s), word(s) or sentence(s) requested for embroidery on the Personalized Product falls into one of the prohibited categories;
- to identify and hold Rota harmless for any and all liabilities for fees, costs, expenses, damages, losses or any other liability Rota is subject to following the use of any name, word or sentence on the product personalized by the Customer;
- guarantee Rota the global, non exclusive, irrevocable and royalty-free right, entirely assignable to third parties, to use, reproduce, disclose the names, words or sentences sent by the Customer for the purposes personalizing and completing his or her order.
Lastly, we would like to remind Customers that although Rota reserves the right to reject the user’s personalization or design, the Client is the only party responsible for the personalization and Rota does not assume any obligation to verify or reject said personalization.
4. Order fulfillment
4.1 By sending the Order over the Internet, you unconditionally accept, and undertake to be observe, these General Conditions of Sales in your relations with the Vendor.
4.2 After the contract is concluded, the Vendor will send you an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact you at the e-mail address or telephone number you indicated to request additional information about the Order you sent over the Internet.
4.4 The Vendor may refuse to fill your purchase orders that do not provide a sufficient guarantee of solvency, are incomplete or incorrect or if the Products are not available. In these cases, we will inform you by e-mail that the contract is not concluded and that Vendor has not filled your Order, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released.
Moreover, despite our best efforts, it could sometimes happen that the prices for the products on our site are wrongly indicated. In any case, we will check the right price of our products whilst going through your order prior to dispatch. Should the price indicated on the site be lower than the actual sales price as a result of oversights or other errors, we will get in touch with you to check whether you still want to make the purchase at the right price. If you decline, we will not be able to proceed with your order. Should the right price of an item be lower than that shown on the site, we will only charge you the right lower price and we will send you the product.
4.5 if the Products shown on the web site are no longer available or for sale after sending of the Order, the Vendor will notify you of the unavailability of the Products ordered in a timely manner and, in any case, within thirty (30) working days after the date on which you send your Order to the Vendor. In this case, the sum authorized on the Customer’s means of payment will be released.
4.6 Each sale made by Vendor through the online sales can regard one or more Products. Nevertheless, all orders made on the site must be in keeping with ordinary consumption requirements. This applies to a number of products purchased in a single order, but also to many different orders for the same product, even if each single order contains an amount of products in keeping with ordinary consumption requirements.
4.7 Rota reserves the right to refuse orders from a customer that is suing Rota relative to a previous order, or with who it has a dispute. This applies equally to all cases in which Rota considers the client to be unsuitable, including by way of example, the case of previous violations of the contract conditions for online purchases from the site or for any other legitimate reasons, especially if the Costumer was involved in any kind of fraudulent activity.
5. Sale prices
5.1 Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in Euro. The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
5.2 All Products are shipped directly from Italy. Where not specified otherwise, Products prices and shipping and delivery costs shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees. If it should be the case, the further expenses will be shown during the placing of the order.
5.3 Therefore, the Customer is responsible for these costs and they must be paid at the time the Products are delivered, according to the specific instructions in the Order Confirmation.
6. Method of payment
To pay the price of the Products and the relative shipping and delivery expenses, you can use one of the methods indicated on the Order Form of the site www.rota-pantaloni.com and which are summarized below.
6.1 Credit cards and prepaid cards.
For orders on our site, we accept payments by credit cards and prepaid cards (such as, for example, PostePay) without adding any fees to the Product and shipping costs. You must be the holder of a credit card that is valid at the time of the order for the Products purchased online and the name shown on the card must be the same as that indicated on the invoice. If these requirements are not met, it will not be possible to proceed with the order.
At the time of the online purchase, simultaneously with the Order Confirmation, the bank of reference will deduct the amount of the order from the available credit on your credit card. The amount will only be debited to your credit card at the time the Products purchased are shipped.
If, after paying for the products purchased online and receiving the package with your order, you wish to exercise your Right of Withdrawal, for any reason, the Vendor will instruct the bank to credit the amount to be reimbursed directly to your credit card.
Paypal. if you have a Paypal account, Rota provides the option of paying directly using the e-mail account and password you used when you registered with www.paypal.com.
At no time during the purchase procedure will Rota have access to your credit card information (such as the number of the credit card or its expiration date), which is sent using directly to the subject that manages the electronic payment over a connection protected by an encryption protocol. This data is not kept by the Vendor in any computer archive.
6.3 So, the Vendor cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.
7. Shipping and delivery of the products
7.1 Each shipment contains:
- the products ordered;
- the relative accompanying shipping document/invoice;
- any accompanying documentation required by the country to which it is being shipped;
- any informationl and marketing materials.
7.2 The Products purchased on the web site from the Vendor can be delivered to the Customer’s home.
7.3 The Products purchased will be delivered by the courier identified by the Customer on the order with insured shipping. See the Shipments section for additional information about costs, times, shipping methods and countries served.
7.4 When the merchandise is received at your home, please check the integrity of the packages at the time of the delivery by the courier. In the case of problems, point them out to the courier, make sure they are noted exactly and reject the delivery. Otherwise, you may lose your rights in this regard.
7.5 Trouser Delivery Times: 3 working days from payment confirmation for trousers ready in stock; trousers in sizes not in stock purchased on order will be delivered after a maximum of 15 working days.
7.6 Delivery times of trousers purchased through the configurator and therefore customized according to the customer's choices: 15 working days after order confirmation;
7.7 The ready items of clothing purchased during the month of August will be delivered starting from 2 September 2019.
The customized items of clothing purchased during the month of August in the "configurator" section will be confirmed on 2 September and delivered starting from 23 September 2019.
8. Right of termination
8.1 The Customer can exercise the right of termination by calling or sending an email, expressing the will to terminate the contract. Once the production of the items of clothing has begun, the termination is no longer possible.
8.2 To guarantee a high service, Rota provides for the possibility of reimbursement the amount, if the clothes has serious structural imperfections, or damage caused during production.
In this case the Customer should do as follows:
1. Send an email with a copy of the order confirmation and a description of the reason for the dispute to firstname.lastname@example.org attaching detailed photos of the item and the damage so that the defect is clearly visible. The complaint is reviewed and approved by the Rota employees, who will inform the customer of their approval.
2. The complaint is reviewed and approved by the Rota employees, who will communicate the approval to the customer.
3. The item to be returned must be boxed in the original packaging provided by Rota together with the confirmation received by e-mail of return of the defective product. The shipment will be made at the expense of the Rota who will send the instructions by e-mail on how to proceed with the return and will directly send a courier to collect the package. It is forbidden to send the item without first having received confirmation from Rota and having followed its instructions regarding the shipment.
4. Within seven (7) working days on receipt of the clothes you will be accredited the amount with the same method you used upon making the purchase if possible ((Credit Card on website, PayPal). Otherwise, the Customer will have to communicate, using the Return Form, the bank details where be accredited the refund.
Any shipment that does not comply with the previous conditions will be returned to the sender without the issue of any refund.
The object must be returned intact (ie not used and complete with all the original packaging and accessories) together with the approved Return Form.
Only unused and undamaged items will be accepted. Rota reserves the right to refuse to make the refund if the item shows obvious signs of use or damage. Garments that have been modified in any way will not be accepted.
In case of return due to faulty trousers (after our verification and confirmation of being able to return the trousers back) the costs for shipping defective products will be borne by Rota Srl (both Italy and abroad).
Once the above conditions have been met, the buyer is entitled to a refund of the full amount.
9. Customer legal guarantee
9.1 The products will be taken to conform with the applicable law provided that they
- comply with the description given by the Seller and possess the qualities of the goods which the Seller has held out to the Customer as a sample or model;
- are fit for any particular purpose for which the Customer requires them and which he made known to the Seller at the time of conclusion of the contract and which the Seller has accepted;
- are fit for the purposes for which goods of the same type are normally used;
- sow the quality and performance which are normal goods of the same type and which the Customer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the Seller, the producer or his representative, particularly in advertising or on labelling.
- the right of return is 14 days only for products ready for delivery and there is no right of return for the items purchased on the configurator as they are customized according to the taste of the customer / buyer or purchased on order in sizes not in stock. The cost of the return shipment will be charged to the buyer (customs duties included if they are expected)
9.2 The following defects will not be regarded as “lack of conformity”:
- personal comfort preferences for garments;
- damage caused by cutting, burning, die-cuts, liquids or stains due to action on the part of the Customer;
- wear and tear;
- loss of buttons on closures;
- breakage of zips during use caused by mechanical jamming.
9.3 Before proceeding with the return shipment, the buyer must receive written confirmation from Rota.
A copy of this declaration must be inserted in the package.
The item must be sent in the original packaging and with all the material present at the time of shipment by Rota.
Only after receiving written confirmation and instructions on how to ship by Rota, the buyer can return the goods.
9.4 To take advantage of the right of return, the Customer have to provide evidence of the delivery of the product by keeping the purchase invoice, or any other document demonstrating the date of purchase (for example the credit card statement) and the date of delivery.
9.5 In the case of a lack of conformity, falling within the definition of it as given in paragraph 2, the purchaser may request in accordance with art. 130 of the Consumer Code, alternatively, without ever incurring additional expenses, the repair or replacement of the purchased item, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or results for Rota excessively expensive.
9.6 Once the request has been submitted, the Seller will reply to the Customer within seven (7) days of the date of receipt, indicating its intention to fulfil the request, or the reasons preventing the Seller from doing so.
9.7 Should repair or replacement of the product be impossible or excessively paragraphs, or should the Seller not have performed the repair or replacement of the goods within the period specified in the previous paragraphs, or should the replacement or repair previously performed have caused considerable inconvenience to the Customer the latter may at their own discretion, request a suitable price reduction or termination of the contract, in such cases, the Customer must send their request to the Seller and the latter must reply to the Customer within seven (7) days of the date of receipt, indicating its intention to fulfil the request, or the reasons preventing it from doing so. The Customer is not entitled to have the contract rescinded if the lack of conformity is minor.
9.8 Should the Seller accept the Customer’s request, it must indicate the proposed reduction of price or the method for returning the defective product in exchange for reimbursement of the total sale price in the manner indicated by the Customer.
Rota team is available to answer any questions and can be contacted at the following e-mail address email@example.com, or at the following postal address: Rota srl, Via Trento 28, 43100 Parma (PR)
12. Communications to the customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, information, statements and in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
13. Governing law, dispute sttlement and competent jurisdiction
These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of Customer. Therefore, interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Italian law and any disputes relating to and/or consequential to them shall be resolved exclusively by Italian courts. In particular, if the Customer qualifies as a Consumer, any disputes will be revolved by the court of his domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by Court of Parma. If, instead, the customer is acting in the exercise of his business, commercial, craft or professionale activities, the parties consensually establish the exclusive jurisdiction of the Court of Parma.
14. Modification and updating
The Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.rota-pantaloni.com and in relation to purchase orders submitted after that date.