Rinascente Online General Terms and Conditions Of Sale

 

1. General rules and sales policy

1.1. These general terms and conditions of sale (hereafter “Terms and Conditions”) regulate all sales of products (hereafter “Products” or singularly “Product”) by la Rinascente S.p.a., having its registered office in Italy, Via Giorgio Washington 70 - 20146 Milan, Tax Code and VAT no. 05034580968, with fully paid-up share capital of Euro 5,115,996 (hereafter “Rinascente”) or by third parties (hereafter “Partner(s)”), as specified in more detail in Art. 1.2. below, concluded at a distance on the website www.rinascente.it (hereafter “Website”).

1.2. When the Products for sale on the Website are sold by the Partners, the Customer (as defined below) will be duly informed through specific indications contained on the Website page showing the details of each Product (hereafter “Product Page”) and the Website will act as a mere “virtual display” for the purposes of selling the Partners’ Products. Your Order (as defined below) is subject to the Terms and Conditions, also adopted by the Partners, as well as, for the Partners’ Products, to the additional specific terms of sale applied by each Partner present on the Product Page (hereafter “Partner’s special Terms and Conditions”). The Partner's Products are sold directly by the Partner; Rinascente will not be a contractual party to the contract of sale entered into between the Partner and the Customer and can not, therefore, be held liable, for any reason whatsoever and under any circumstances, for any breaches by the Partner or any negative consequences that may result for the Customer from such breaches.

1.3. The distance selling service on the Website is reserved exclusively to consumers; “Consumers” means natural persons, aged over 18, acting for purposes extraneous to their commercial, entrepreneurial, artisan or professional activity (defined “Customer(s)”). Therefore, by expressly accepting the Terms and Conditions, the Customer declares to purchase the Products for purposes other than those listed above.

1.4. In view of its sales policy, Rinascente reserves the right not to process Orders sent by persons other than the Customer or Orders that are not compliant with its sales policy.

1.5. The purchased Product is intended exclusively for Italy; therefore, if, after the Product has been delivered, the Customer decides to export the Product to a country other than Italy, it will be responsible for the export and must respect the regulations and restrictions applicable both to exports from Italy and to imports into the country into which it is to be taken. Rinascente hereby declines any liability in that regard.

1.6. The language used for concluding Contracts (as defined below) is Italian or English, according to the Customer's preference.

1.7. Customers must carefully read the Terms and Conditions, available on the Website, to be aware of the content before the purchase. Each Order’s Request (as defined below) may be archived and the Terms and Conditions downloaded using the respective browser command. Rinascente will, in any case, promptly send to the Customer a copy of the Order with all necessary information by e-mail. The documents can be easily printed or saved using the functions made available by the common e-mail programs.

 

 

2. Products and availability

2.1. Information on the Products, together with their price, is available on the Website.

2.2. Rinascente and the Partners do not guarantee to the Customer that the Products on the Website are available at Rinascente stores.

2.3. The graphical representation of the Products displayed on the Website may differ from reality; the Customer must therefore rely upon the description of the Product and the characteristics of the same indicated on the Product Page. For Products sold by the Partners, Rinascente can not be held liable for the accuracy of the information on the Partners’ Products.

2.4. Rinascente and the Partners reserve the right to restrict, at any time, the quantity and/or type of Products on the Website. The style, models, characteristics and colours of the Products described on the Website may be changed without notice. During the purchase process, if the Product becomes unavailable, the Customer will be notified by way of an automatic message. Rinascente can not in any case be held liable towards the Customer due to the unavailability of a Product.

2.5. Rinascente is not responsible for any errors deriving from the lack of functioning of the Customer's internet connection to the Website.

 

 

3. Products’ price

3.1. The price of the Products indicated on the Website is shown in Euros and includes all applicable taxes or levies. Any delivery costs, specified on the Website page for selecting the delivery options, will be added to the price of the Products.

3.2. Rinascente and its Partners constantly check the accuracy of the prices of the Products indicated on the Website; however, the absence of errors cannot be guaranteed. If an error in the price indication of a Product is identified, Rinascente will reject the Order and will offer to the Customer the opportunity to purchase the Product at the correct price.

3.3. The promotions indicated on the Website will be applicable to the Product only where expressly specified for the same on the Product Page.

 

 

4. Conclusion of the Contract 

4.1. The Website indicates the essential characteristics and price of each Product. The information shown on the Website does not constitute an offer by Rinascente or by the Partner.

4.2. Before submitting a purchase order proposal through the Website (defined “Order Request”), the Customer must carefully read all instructions provided during the purchase process (also with regard to delivery costs and return policy), as well as the Privacy Policy and the Terms and Conditions.

4.3. When the Customer submits the Order Request, this constitutes a purchase proposal for the selected Product, regulated by the Terms and Conditions and eventually by the Partner’s special Terms and Conditions, and it is binding for the Customer, without prejudice to the right of withdrawal envisaged by Article 9. The submission of the Order Request by the Customer involves the obligation for the latter to pay the price of the Product and the shipping costs, if applicable.

4.4. Before submitting the Order Request, the Customer may make any corrections/changes to the details entered, following the specific procedure indicated on the Website; by way of example but without limitation, the Customer may change the quantity of Products to be purchased by adding or removing one or more Products from the shopping cart (hereafter “Shopping Bag”).

4.5. To purchase a Product, the Customer must (i) enter the selected Product in the Shopping Bag by clicking on the relevant icon, (ii) complete the Order Request, (iii) select the payment and delivery method, (iv) accept the Terms and Conditions and declare to have read the Privacy Policy, (v) submit the Order Request through the Website.

4.6. Once the Order Request has been sent, the Customer will receive an automatic message confirming receipt of the Order Request. Only when the Customer receives the acceptance of the Order Request (hereafter “Order Confirmation”), the Customer and Rinascente or the Partner have officially formalized the purchase order (defined “Order(s)”) and therefore the contract of sale (defined “Contract(s)”) is concluded. Rinascente's or the Partner’s acceptance (or refusal) of the Order Request will be sent to the Customer to the e-mail address indicated by the latter in the Order Request.

4.7. In conformity with the provisions of Article 51, paragraph 7 of the Consumer Code, as well as those indicated in Art. 13 of the E-Commerce Decree (as defined below), the Customer will promptly receive, a copy of the Order with the summary of the essential characteristics of the purchased Products, a detailed indication of the price and payment methods, information on the delivery costs and the terms and methods of exercising the right of withdrawal.

4.8. Rinascente or the Partner may reject an Order Request or cancel an Order, if already formalized,  in the following cases:

(i) in the event of unavailability of the Products without prejudice to the provisions of Articles 2.4. and 4.9.; or

(ii) if the payment made by the Customer is not successful (by way of example, if the purchase price is not charged to the Customer's credit card); or

(iii) if there is a report, or the suspicion, of fraudulent or illegal activities, therein including the suspicion that the purchases are being made for commercial purposes;

(iv) in the event of any breach by the Customer of its obligations deriving from a previous contract concluded with Rinascente or the Partners.

4.9. In the event of unavailability of one or more ordered Products, the Customer will be notified by email. In that case, the Order Request will be rejected or accepted only for the available Products. In the event of partial acceptance, the Customer must pay only the price relating to the available Products; if the payment is made by credit card, the Customer will be charged only for the amount corresponding to the available Products and eventually to the shipping costs, if provided.

 

 

5. Payment method - invoice

5.1. The Customer will pay the price for the Products and any eventual shipping costs by choosing among one of the payment methods available at the review and pay page of the Website.

5.2. The payment methods must be selected upon submitting the Order Request; they may differ depending on whether the Order is for Products sold by Rinascente or by the Partner and can not be changed in any way once the Order Request has been submitted.

5.3. If the Customer needs to receive an invoice, it must select the specific option on the Website and provide the requested details before submitting the Order Request. The details for issuing the invoice must be those entered by the Customer in the billing address field on the Website. Changes to the invoice after it has been issued are not permitted. The Customer who is not in possession of an SDI code for the purposes of electronic invoicing will receive the invoices in electronic format by e-mail.

5.4. If the Customer selects the cash on delivery payment method, this will not involve any additional cost for the Customer. However, on delivery of the Product, the Customer must pay in cash the exact amount of the Order, as the Courier (as defined below) will not provide any change.

5.5. The Customer may not select the cash on delivery payment method if the cost for the Products indicated in each Order exceeds the limit of Euro 1.999,99, or the different limit indicated by the chosen Courier.

5.6. Rinascente accepts payments made using the following credit cards: Visa; MasterCard, American Express.

5.7. Transactions will only be charged to the Customer's credit card after:

(i) the credit card details have been verified;

(ii) authorisation to make the charge has been provided by the issuer of the credit card used by the Customer, and

(iii) the availability of the Product has been confirmed by Rinascente or the Partners.

5.8. No charge will be made to the credit card when submitting the Order Request, except for any temporary charge that may be necessary to verify the credit card validity. Upon the Order Confirmation, that temporary charge will be canceled and replaced by the charge corresponding to the amount due from the Customer. The temporary charge will also be canceled if the Order Request is rejected.

5.9. If the Customer selects the credit card payment method, it will be directed to the payment provider's page to process that payment and must follow the instructions provided by the latter.

5.10. All payments must be made only in Euros and therefore the Customer acknowledges and accepts that the exchange rate increases and conversion charges established by the international circuits will be borne exclusively by the Customer.

 

 

6. Confirmation of shipment and delivery

6.1. Rinascente will send to the Customer the Order Confirmation e-mail pursuant to Art. 4.6 which will include also a shipment confirmation to the address indicated by the Customer, as well as a second e-mail confirming the Products have been delivered. As regards Partners’ Products, the Customer will receive only the Order Confirmation e-mail including the shipment confirmation to the address indicated by the Customer itself.

6.2. The Order Confirmation and shipment confirmation e-mail will include a link for checking the delivery status. The Customer may use that link to keep updated in real time on any possible change of delivery. In addition, the Customer may access the "My Orders" section of its personal account to check the shipment status.

6.3. Orders consisting of two or more Products may be delivered in multiple shipments in order to speed up the process.

6.4. For Orders consisting of two or more Products delivered with separate shipments, if the Customer has chosen the cash on delivery payment method, each shipment will contain a receipt and the Customer must pay separately, at each delivery, only the cost of the Product(s) included in the delivery.

6.5. The shipment of the Partners' Products to the Customer may be managed by Rinascente or by the Partner depending on the agreements made between the companies. The Customer will be informed in advance on the company which will manage the shipment of the Partners’ Products on the relevant Product Page.

6.6. Once the Product has been shipped, the Order may not be canceled or changed. Returns of Products already shipped must be made in conformity with the procedure indicated in Article 9.

 

 

7. Packaging

7.1. Products purchased on the Website are delivered using the specific packaging for purchases on the Website.

 

 

8. Shipments and delivery of the Products

8.1. The Products may be delivered, at the Customer's choice, to be made before submitting the Order’s Request, to: (i) one of Rinascente stores as indicated on the Website, (ii) one of the collection points proposed by the Courier, if available (hereafter “Access Points”), or (iii) the address indicated by the Customer in the Order Request, provided that it is in Italy, subject to any restrictions imposed by the Partner and specified on the relevant Product Page.

8.2. The Customer, before submitting the Order Request, must choose between the standard delivery method and the express delivery method. The delivery method cannot be changed from standard to express or vice versa once the choice has been made. The standard and express delivery times and the respective costs are indicated on the Website. The scheduled delivery times are, however, indicative and not binding. Deliveries will be made, in any case, at the latest within 30 (thirty) days from the date of the Order Confirmation, except in the event of force majeure or unforeseeable circumstances.

8.3 For a mixed Order of Products sold by Rinascente and by one or more Partners or Products sold by several Partners, the Products may be delivered separately. In that case, if the Customer chooses express delivery, it will incur a cost for each shipment.

8.4 For standard shipments, the Customer may have to pay the shipping costs of the Products, which will be clearly indicated on the page for selecting the delivery options on the Website. In that case, the shipping costs to be charged to the Customer will be shown on the review and pay Website page and reported separately in the Order Request.  For express shipment, the shipping costs are always borne by the Customer and are also shown on the review and pay Website page and reported separately in the Order Request. 

8.5. Customs duties will always be borne by the Customer, except for the provision under Art. 12.3.

8.6. For shipments to the address indicated in the Order Request by the Customer, the purchased Products will be delivered by the courier selected by Rinascente or the Partners (defined “Courier”) on working days (thus excluding Saturdays, Sundays and local or national public holidays).

8.7. Upon delivery, the Customer's signature (or that of its delegate) is required. No deliveries are made to post office boxes.

8.8. The Customer (or its delegate) must check, upon delivery of the Products by the Courier or collection of the same:

(i) that the number of packages delivered corresponds to what is indicated on the delivery document; and

(ii) that the packaging and respective seals are intact, undamaged, not wet or altered in any way.

Any damages to the packaging and/or to the Product or any lack of correspondence of the number of packages or the indications must be immediately disputed in writing on the Courier's delivery document. Once the Courier's document has been signed, without the Customer having raised objections, the Customer may no longer make any dispute in that regard.

8.9. If the Customer opts for the delivery of the Product at one of Rinascente stores or at an Access Point, it will receive from Rinascente, after the Order Confirmation, also a communication of confirmation of availability of the Product for collection at Rinascente store or at the Access Point and the Customer must collect the Product within 10 calendar days. Once that period has elapsed, the Product will no longer be available for collection and the cost of the Product will be refunded through the same method used by the Customer for the payment.

8.10. The risk of loss or damage of the Products transfers to the Customer when the latter (or a third party designated by it, other than the Courier) enters into material possession of the Product.

 

 

8. Right of withdrawal

9.1. In accordance with Article 52 of the Consumer Code, the Customer may withdraw from the Contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or its representative authorised to receive the Product) enters into material possession of the Product itself (i.e. legal withdrawal). If the Customer orders several Products in a single Order and the Products are delivered separately, the period for exercising the right of withdrawal commences from the day on which the Customer or a third party designated by the Customer, other than the Courier, acquires physical possession of the last Product. Rinascente grants to the Customer a further period of 16 (sixteen) days in which to return the Product, making a total of 30 (thirty) days (i.e. conventional withdrawal).

9.2. To exercise the right of withdrawal and return the Product, the Customer may, within the period identified in Article 9.1 above:

(i) communicate to Rinascente Customer Services at no. 0039-0291387388 or by email to the address customerservice@rinascente.it the intention to exercise the right of withdrawal, providing the following information: (a) Order number; (b) indication of the Product(s) for which the Customer wishes to exercise the right of withdrawal;

or alternatively

(ii) send by email to the address customerservice@rinascente.it the withdrawal form, duly completed and signed. DOWNLOAD THE RETURN FORM

9.3. Within 14 (fourteen) days from the communication of withdrawal (sent in conformity with Article 9.2 above), the Customer shall return the purchased Product: (i) to Rinascente, for Rinascente's Products, sending it to the address indicated on the return label placed in the delivery box in which the Product was received; (ii) to the Partner, for the Partner’s Product(s), sending it to the address indicated on the Product Page and reported in the Order, following the instructions present on the Website. The costs for returning the Product will be borne by Rinascente or the Partner.

9.4. The purchased Products must be returned intact, unused, in their original packaging (where provided), undamaged and equipped with an identification label fixed with a disposal seal still attached. In particular, underwear and beachwear will also be accepted only if returned in their original packaging, equipped with an identification tag attached with a disposable seal and a hygienic sticker still in place. If the Products have depreciated due to tampering with the same which is not strictly necessary to verify their nature and characteristics, Rinascente and the Partner reserve the right not to accept the return or not to refund in full the sums paid for the purchase of the Products not having their label, original packaging or those that have been altered in their essential and qualitative characteristics or that have been used or damaged.

9.5. Having received a communication of withdrawal by the Customer and checked the correct execution of the terms and conditions indicated in this article, Rinascente or the Partner will refund to the Customer the price of the Product and, in the event of withdrawal within the period of 14 (fourteen) days from receiving the Product, also the costs incurred by the Customer for the shipment, if it has chosen the standard delivery method. Rinascente or the Partner makes the refund by the same payment method used by the Customer to purchase the returned Product, unless otherwise expressly agreed with the Customer and provided that the latter does not have to incur additional costs for that refund. If the Customer has chosen the cash on delivery payment method, the refund will be made by bank transfer to the bank account communicated by the Customer. If the Customer paid using a gift voucher, it will be given a voucher in the same amount to be used for future purchases on the Website.

9.6. Rinascente or the Partner may suspend the refund until Rinascente or the Partner receives the returned Product or until the Customer has provided proof of having reshipped the Product.

9.7. The Products may also be returned, within the period specified in Article 9.1., to Rinascente stores or to the Access Points indicated on the Website. No cash refunds will be made at Rinascente stores or at the Access Points; the refund will be made according to the procedure indicated in Articles 9.5 and 9.6. When returning Partner’s Products at Rinascente stores or at the Access Points, the refund will be made only after the Partner has checked and confirmed the integrity of the returned Product in accordance with Art. 9.4.

9.8. The instructions for returning Products in accordance with this Article are also provided on the Website.

 

 

10. Cases of exclusion of the right of withdrawal

10.1. In conformity with the provisions of Article 59, paragraph 1 of the Consumer Code, the right of withdrawal does not apply to Orders relating to customised Products such as, by way of example and without limitation, Products engraved with the Customer's initials. The right of withdrawal is also excluded for sealed Products that cannot be returned for hygiene or health-related reasons and that have been opened after delivery, such as, merely by way of example, cosmetic products and personal care treatments.

10.2. The right of withdrawal may be excluded, in conformity with the provisions of Article 59, paragraph 1, also for other categories of Products, such as goods that are likely to deteriorate or expire rapidly, including food Products; in that case, Rinascente will specify that exclusion to the Customer on the Product Page.

 

 

11. Product replacement

11.1 Products will not be replaced for a change of size. The Customer must return the Product that it wishes to replace and submit a new Order Request for the different size. Products purchased on the Website will not even be replaced at Rinascente stores, without prejudice to the right of withdrawal pursuant to Art. 9.

 

 

12. Defects of Conformity

12.1. If a Product sold by Rinascente or the Partner presents a manufacturing defect or for any presumed defect of conformity relating to Products sold by Rinascente or by the Partner, the Customer may contact Rinascente Customer Services immediately by e-mail at the address customerservice@rinascente.it or on telephone no. 0039-0291387388.

12.2. The sale of the Products is subject to the legal guarantees envisaged by Articles 129, 130 and 132 of the Consumer Code. In accordance with those regulatory rules, the Customer is entitled to obtain the restoration of conformity of the Product by way of repair or replacement (the Customer may choose whether to obtain the repair or replacement of the Product under the conditions provided by law), at no cost to the Customer, or, if one of those remedies is unsuccessful, according to the provisions of Article 130, paragraph 7 of the Consumer Code, it may obtain an appropriate reduction of the price of the Product or the termination of the Contract. The Customer forfeits those rights if it fails to report the defect of conformity within the deadline of 2 (two) months from the date on which it discovered that defect of conformity. The action aimed at invoking a defect of conformity not wilfully concealed by the vendor is limited, in any case, to the period of 26 (twenty-six) months from the Product delivery.

12.3. If the Customer requests, in the terms indicated in this Article 12, the repair or replacement of the Product due to a defect of conformity of the Product itself, the delivery costs relating to the return of the Product to Rinascente or to the Partner to be repaired or replaced, along with all costs relating to the delivery to the Customer of the repaired or replaced Product, will be borne by Rinascente or the Partner. Those costs include customs duties which will, in that case, be borne by Rinascente or the Partner.

 

 

13. Applicable law and jurisdiction

13.1. The Terms and Conditions and, consequently, the Contracts are regulated by Italian law and they must be interpreted based upon that law,  including Italian Legislative Decree no. 206 dated 6 September 2005 (defined “Consumer Code”), as well as Italian Legislative Decree no. 70 dated 9 April 2003 (defined “E-Commerce Decree”).

13.2. Any dispute deriving from the interpretation, validity and/or execution of the Terms and Conditions and the Contracts will be devolved to the mandatory jurisdiction of the court of the location of the Customer's residence or domicile.  In any case, in relation to any dispute that may arise in connection with the Terms and Conditions and the Contracts, the Customer may activate an extrajudicial dispute resolution procedure, in compliance with Articles 141 et seq. of the Consumer Code. If the Customer activates the aforementioned procedure, Rinascente will guarantee its participation in any amicable settlement attempt brought by the Customer before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of Commerce of Milan. Alternatively and residually for disputes between Rinascente and the Customer resident or domiciled outside of Italy, the Court of Milan will have exclusive jurisdiction.

13.3. The Customer may also choose to use the extrajudicial dispute resolution platform provided by the European Commission, available on the website http://ec.europa.eu/odr.

 

14. Contacts

14.1. For further information and assistance on the Website or with the online purchase methods, Customers may contact Rinascente Customer Services at the address customerservice@rinascente.it or on telephone no. 0039-0291387388.

 

Last update 1 April 2020

 

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