Here you'll find all the terms and agreements related to the Roma Custom Bike site.
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In accordance with Art. 13 of Italian law. 196/2003
We wish to inform you that Legislative Decree. n. 196 of 30 June 2003 ("Code concerning the protection of personal data") provides for the protection of persons and other subjects regarding the processing of personal data.
According to the law, this treatment will be based on principles of fairness, legality and transparency and protection of your privacy and your rights.
According to Article 13 of the law. n.196 / 2003, we hereby provide the following information:
1. The data you provide will be used for the following purposes: commercial communications, any other information concerning the procedures of sales service
2. The data will be computerized / manual.
3. The provision of data is compulsory and any refusal to provide such data result in the failure to execute the contract of sale.
4. The data will not be disclosed to other parties, nor will it be distributed
5. The data controller is Rascel Multimedia Productions srl.
6. The controller is Cesare Ranucci
7. You can exercise your rights towards the data controller, under Article 7 of D.lgs.196 / 2003 of Italian law, listed here for your convenience:
Legislative Decree n.196 / 2003, Art. 7 - Right of access to personal data and other rights
1. You have the right to obtain confirmation of the existence of personal data concerning him, even if not yet registered, and their communication in intelligible form.
2. You have the right to obtain information:
a) source of personal data;
b) the purposes and methods of treatment;
c) the logic applied in case of treatment with electronic instruments;
d) the identity of the owner, manager and the representative appointed under article 5, paragraph 2;
e) subjects or categories of persons to whom the data may be communicated or who can learn about them as appointed representative in the State, managers or agents.
3. You have the right to:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data that need not be kept for the purposes for which the data were collected or subsequently processed;
c) confirmation that the operations in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disclosed, except if this requirement impossible or involves a manifestly disproportionate to the protected right.
4. You have the right to object, in whole or in part:
a) for legitimate reasons to the processing of personal data, pertinent for collection purposes;
b) to the processing of personal data for purposes of sending advertising materials or direct sales or for carrying out market research or commercial communication.
ROMA CUSTOM BIKE brand and logo are part of the group Rascel Multimedia Productions, srl. - VAT 10791801003 Rome ITALY
1. The buyer will pay the products ordered as follows: PayPal or bank transfer.
2. Payment will include shipping costs if any.
3. The invoice will be sent to the address specified during registration or the ordering process by the buyer.
4. The buyer takes full responsibility for the data inputted during the registration or ordering process.
GENERAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
In the interpretation of these Conditions of Sale, the following terms shall have the meaning set forth below:
a) Seller: Rascel Multimedia Productions srl;
b) Purchaser: the purchaser of the product;
c) Parties: Purchaser and Seller jointly considered;
d) Product: the goods specified in the catalog / price list, the subject of contracts of sale between Buyer and Seller;
e) Order / s: form with which the Purchaser declares to the Seller its intention to purchase the Products;
f) Contract of sale agreement or any subsequent document or change between the Seller and the Buyer concerning the sale of products;
g) General Conditions: these Terms and Conditions;
h) Special conditions: any additional conditions set out in the sales contract.
2. Application of the general conditions
2.1 These Terms and Conditions shall apply to any contract of sale relating to products in which the seller is listed as a supplier. These Terms and Conditions shall prevail over any General Conditions of Purchase of the Buyer, even if no specific objection to the application of the same.
2.2 No modification or amendment to these Terms and Conditions will be valid and enforceable between the parties, unless agreed in writing and signed by a duly authorized representative of Seller.
The description of the products and their specific line will be as indicated in the catalog / price list.
4. Contracts / Orders
4.1 Any Order shall be irrevocable offer by the Purchaser and is subject to acceptance by the Seller, that will be denied if the seller has not been implemented, even partially, the order.
4.2 Contracts, Orders and any additions or amendments to these documents shall be in writing, be prepared according to Seller's forms, and shall be sent electronically or by any other means or instrumentality (eg. Courier mail, telex, telefax , etc.).
5.1 Delivery will be EXW - Incoterms 2010 ICC Paris.
The risks relating to the Products shall pass to the Buyer when the takeover took place the same.
5.2 Any date or time limit indicated by the Seller for shipping or delivery of products will be considered as indicative and not binding and binding on the Seller. In any case, the Seller shall not be responsible for delays in delivery or non-delivery due to acts of God, or at least unpredictable events. If no date or time limit has been specified, delivery shall be made within a reasonable time.
5.3 In the event that the Buyer is to advance knowledge of the impossibility to receive the goods, he must notify the Seller of the reason and a reasonable period within which expects to receive the goods.
5.4 In the event that the non-receipt of the goods is attributable to the Buyer, the risk relating to the Products shall pass to the Buyer from the moment the seller has notified in writing to the Buyer that the Goods are ready for delivery. The Buyer shall pay the cost of late delivery and any further damage.
5.5 Unless otherwise agreed partial deliveries are allowed.
6.1 The Products shall be packed by the Seller in a suitable and appropriate to the type of product delivered.
6.2 Unless otherwise agreed between the parties, the products will be delivered with packaging, labels and brands of Seller.
6.3 If the Buyer requires packaging and / or special packaging and / or different from those used by the Seller, the additional costs for the completion of this request are the sole responsibility of the Buyer.
7. Invoices and Payments
7.1 Invoices shall be issued by the Seller in accordance with the Order confirmed.
7.2 Payments, unless otherwise agreed by the Parties, will be made as agreed between the Parties. If the Purchaser does not pay in the agreed period, it will be required to pay interest calculated in accordance with art. 5 of the Decree. 231/02 of the Italian law.
8.1 The price of the products will be indicated by the Seller's price list in force at the time of conclusion of the Contract of Sale, unless otherwise agreed, given in the order confirmation by the Parties.
8.2 Any price increases related to changes in the costs of duties, fees or charges occurring after the issuance of the order and the order confirmation, will come
agreed in writing and specifically approved by both parties.
9.1 Seller warrants the compliance of its products according to the standards established by the Parties for a period of twelve (12) months from the date of delivery.
As the products are made with natural skins, scars, scratches, differences in grain and tone, veins, stretch marks are not considered defects but rather a characteristic of
product used and certifying its authenticity.
9.2 The warranty is excluded if the defect has occurred because of the failure to comply by the Buyer of the instructions provided by the Vendor upon a specific request of the same Buyer. These include but are not limited to, the warranty does not cover damage resulting from cleaning with unsuitable products / products other than those recommended by the Seller, exposure to sunlight, heat sources or sun lamps, stains caused by acids, solvents, dyes, corrosive chemicals, ink, paint, damage caused by pets, burns, etc.
10.1 The Buyer shall inspect the Goods immediately upon delivery and see how they fit and quality of the same.
10.2 Any defects must be reported in writing by the Buyer to the Seller within 8 (eight) days of delivery, after which no claims will be accepted if not for defects that the Buyer proves to be hidden. In any case, the claim must be made in writing no later than 8 (eight) days from discovery of defects, pursuant to art. 1495 commercial code ..
10.3.2 The notice referred to in the preceding paragraph shall include a detailed description of the defect.
10.4 Seller agrees to conduct due diligence in order to assess the merits of the complaint. If the protest is upheld, the seller agrees to carry out the action considered necessary in order to provide for the resolution of the issue subject to reporting. The obligations of the Seller is limited to the free repair or replacement of those products that prove to be not complying with the descriptions of the Seller and any other specification given in writing by the Seller regarding the Products and do not provide for the outright replacement of all Products delivered.
10.5 In the event that the Buyer has notified the defects in due time but, as a result of verification is not established any basis in the allegations made, the Seller shall be entitled to compensation for the costs which he had to face due to the notification of defects.
11. Force Majeure
11.1 Seller shall not be responsible for late delivery or for the breach of contract caused directly or indirectly by:
- Acts of God (the effects of the provision, and without the list can be exhaustive an event of force majeure includes legal prohibitions, wars, riots,
revolutions, strikes or other labor disputes, fires, floods, sabotage, nuclear accidents, earthquakes, storms, epidemics);
- Circumstances beyond the Seller's control, such as to prevent the retrieval of force
labor, materials, components, systems in general, energy, fuel, transportation, permits or government.
11.2 Seller shall notify in writing, without delay, the cessation of force majeure.
12. Intellectual Property
12.1 The Buyer shall not use the name, trademark and other rights related to intellectual property in advertising without the prior written consent of Seller.
13. Confidentiality and confidential information
The Buyer and Seller agree that either party may disclose to the other confidential information relating to its business. Each Party undertakes to keep such information confidential and not to reveal the content thereof to any third party, to use such information only for the purposes of the contract of sale and return, following the request of the other party, received documents containing information confidential.
Pursuant to Legislative Decree no. 196/2003, the Seller informs that: a) the Purchaser's data are processed and / or disclosed to third parties (eg. Banks, consultants, etc.) in compliance with the aforementioned law, for the 'execution of contracts; b) the Seller is the owner of Data Processing; c) the Purchaser is entitled to exercise the rights under Art. 7 of the law itself in Annex 1.
15. Governing Law / Jurisdiction
15.1 These Terms and Conditions, and sales contracts related to them, are governed by Italian law, and any dispute concerning the application and interpretation of this document shall be the Court of Rome.
15.2 The regulatory language, prevalent in the case of any disputes regarding the interpretation of this text despite the Italian translation in any other language.
15.3 E 'expressly excluded the application of the UN Convention on
International Sale of Goods (Vienna - 1980 - CISG).
INFORMATION RELATING TO THE PROCESSING OF PERSONAL DATA
(Art. 13 of Legislative Decree no. 30 June 2003 n. 196)
Under Article. 13 of Legislative Decree no. 196/2003 which introduced the Code of the Privacy Act, Rascel Multimedia Productions Ltd. (The "Company") hereby informs you, as an interested party, that your personal data ("Data") will be treated as follows:
1. PURPOSE 'OF TREATMENT
The collection and processing of data is done by the Company for purposes of:
to. the supply / purchase products on-line;
b. Warranty and technical assistance before and after sale;
c. marketing and advertising
d. sending information and promotional material;
is. services of selection and recruitment;
f. statistical analysis for marketing purposes;
g. detection of the degree of satisfaction;
h. invitations to informative and promotional events.
2. RULES 'OF TREATMENT - CHARGE
The processing of data for the aforesaid purposes will take place using both automated and non-automated means and in compliance with the rules of confidentiality and security required by law.
The data may be processed on behalf of the Company by employees, professionals or companies,
assigned to perform specific processing services or activities complementary to those of the Company and necessary to the operations and services of the Company.
Given the existence of telematic, computer or mail, the data can be made available abroad, even outside the Union countries
European Union and may be communicated to:
1. Company employees not specifically in charge
2. companies or other entities engaged in outsourcing on behalf of the Company.
4. YOUR RIGHTS
Article. 7 of Legislative Decree no. 196/2003 grants the following rights:
• obtain information about data which concern you;
• to obtain confirmation of the existence of personal data concerning him and their communication in intelligible form
• to obtain the deletion or blocking, or the updating, rectification or integration, as well as evidence that such operations have been brought to the attention of those to whom the information was communicated;
• to oppose, for legitimate reasons, the processing of data;
5. DATA PROCESSING
The owner of the data is Rascel Multimedia Productions srl.
1. Products are delivered according to the terms specified in the site www.romacustombike.com as chosen by the customer when the order.
2. The customer will be charged with shipping fees that will vary depending on the weight and type of delivery as well as the destination location.
3. Shipping fees appear in the order summary. For shipping outside the Italian borders we might contact you after the purchase to confirm or correct the shipping costs automatically calculated during check out.
4. Delivery time is indicative and they might change for reason outside our control. The shipping companies are responsible for possible delays.
5. In the event of customer absence at the time of delivery, a notification will be left and it will be the customer responsibility to contact the shipping agent to schedule a second delivery attempt. No responsibility can be attributed to Rascel Multimedia Productions srl for late or non delivery due to force majeure or unforeseeable circumstances.
6. Force majeure might include but not limited to: accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events, as well as provisions of the Public Authority, the strike of employees or carriers, as well as any other circumstance which is outside the control of Rascel Multimedia Productions srl.
7. The delivery will be deemed made in any event on the expiry of the 30th day dall'avvenuta confirmed by the company Rascel Multimedia Productions Ltd. of the purchase order, unless notice to the contrary, that the buyer must submit within 5 days this time limit the company Rascel Multimedia Productions srl by registered mail a / r.
8. For International shipping the buyer is responsible for all import taxes and any other shipping fees applied to the package. At time of delivery the buyer might be presented with a separate invoice for the duties and taxes required by local authorities. If the buyer is resident outside the European Community we suggest to inquire with local authorities about import charges before making the order.