Terms of service

CONDITIONS OF USE

Welcome to our website "www.robertocollina.com" (hereinafter the "Site"), managed by Roberto Collina S.r.l., with registered office in Crevalcore (Bologna, Italy), via G. Morandi, 256, VAT number 00609841200 (hereinafter the "Company" or "Seller").

These terms and conditions of use govern and regulate the access to the Site, the use of it and the activities that can be carried out through the Site (hereinafter "Use").

The Use of the Site assumes knowledge of these general terms and conditions of use and entails unconditional and complete acceptance.

 

1- Use of the site and responsibility

1.1       The Company provides the Site as it is, without any kind of express or implied warranty for the user.

1.2       The user undertakes to use the Site exclusively for personal purposes and also not to use it for purposes related, even in part, to professional, entrepreneurial, trade and/or commercial activities, for illicit purposes, contrary to these conditions or in ways that could interfere with, interrupt, violate or damage the Site and its normal functioning.

1.3       When using the Site, the user agrees to enter correct, truthful and updated data, taking responsibility for the insertion of incorrect or false information or data to third parties without their consent, as well as for the improper use of the data themselves.

1.4       The user must keep and use their personal information correctly, including the login credentials that allow access to reserved services. The user takes responsibility for such information as well as for any harmful consequences or damages that may result for the Company or third parties due to incorrect use, loss or theft of such information.

1.5       The user is responsible for the operation and maintenance of their own equipment and for taking all necessary measures to ensure their online security. Therefore, the user assumes all responsibility for any damage to their systems or loss of data resulting from downloading material or otherwise obtained through the use of the Site.

1.6       The Company cannot be held responsible for the non-compliant use of the Site by its users, except in cases of Company's liability for willful misconduct and gross negligence.

1.7       The Company declines any responsibility towards the user and towards parties directly or indirectly connected to the user for any damages, claims or losses arising from malfunctions, inaccessibility or suspensions of the Site, or from any damages caused for example and not exhaustively, by viruses, damaged files, errors, omissions, deletions of content, problems related to the network, providers or telephone and/or telematic connections, unauthorized access that do not depend on the Company or arising from force majeure.

1.8       Whithin the limits of the provisions of applicable law, the user agrees to indemnify and hold the Seller harmless from any liability, expense or damage, including legal fees, that may arise from the Use of the Site in violation of the current legal regulations, the legal notices contained in the Site and/or the infringement of rights of third parties

1.9       The Company may, at any time and at its own discretion, interrupt, suspend and/or revoke, the Use of the Site or suspend, modify or delete user's personal account in case of violation of these condition of use or of the law, without any obligation to provide a reason. The user hereby acknowledges and accepts that the Company shall not under any circumstances be held liable for any interruptions, suspensions and/or modifications or cancellations related to the Use of the Site or user’s personal account.

2 - Intellectual and Industrial Property Rights

2.1 Any content of the Site is protected by the current national and international laws on copyright and industrial and/or intellectual property. The contents include, for example and without limitation: texts, images, photographs, sounds, videos, designs, logos, trademarks and other distinctive signs, graphics, layout, source code, software, design, any graphical and textual representation in general, the technical solutions adopted and the structure created for the Site, and the databases (the "Contents").

2.2       The Contents may be used, viewed, printed and downloaded by the user solely for informational and/or personal purposes and non-commercial use, provided that the Contents may not be altered in any way. The user shall preserve industrial and intellectual property rights information.

2.3       Therefore, it is expressly prohibited any further and different use than the foregoing, as well as any commercial use or distribution of the Contents without the prior written consent of Roberto Collina S.r.l.

2.4       At the same time, the user may distribute the Contents, in whole or in part, through communication channels such as the internet, television systems, radio or of any other nature, without the prior written consent of Roberto Collina S.r.l.

3- Trademarks

3.1       The trademarks, domain name, and all other distinctive signs contained and/or related to the Site are exclusively available to Roberto Collina S.r.l. or the respective owners who have direct and/or indirect commercial relations with the Seller.

3.2       Therefore, the use of such distinctive signs in any form or manner is prohibited, without the prior written consent of the Seller or the respective owners.

4- Link to other websites

4.1       The Site may contain hyperlinks or "links" to other websites that may have no connection with the Site, inserted solely to facilitate the user's browsing online.

4.2       The Seller has no control over the websites linked through these links, therefore does not provide any type of guarantee regarding the content, services, and navigation on the websites linked on the Site for which it cannot be held responsible in any way.

4.3       The Company therefore suggests to carefully read the terms of use, sales conditions, privacy policy, and any other legal notice present on websites other than the Site.

 

5- Privacy Policy and Cookie Policy

5.1       With regard to the processing of users' personal data and the use of cookies by the Site, please see the Privacy Policy and Cookie Policy available on the Site.

 

6- Governing Law and Dispute Resolution

6.1       These general terms and conditions are governed by Italian law.

6.2       In the event of disputes between the Seller and the user arising from these general terms and conditions of use, the user may access the platform for online dispute resolution provided by the European Commission through the link https://webgate.ec.europa.eu/odr, without prejudice to the possibility of resorting to the competent judicial authorities.

 

7- Changes to the General Terms and Conditions

7.1       The Company may amend, in whole or in part, these general terms and conditions of use at any time, also in consideration of any regulatory changes and/or their own commercial policies. The new general terms and conditions of use shall be effective from the date of publication on the Site. The user is therefore invited to regularly access the Site and consult the most up-to-date version of the general terms and conditions of use.

 

CONDITIONS OF SALE

 

These terms and conditions of sale govern the offer, the purchase orders and sale of clothing, accessories, and all the goods (the “Products”) marketed on the website “www.robertocollina.it” (hereinafter the “Site”) managed by Roberto Collina S.r.l., headquartered at Crevalcore (BO – Italy), in Via G. Morandi no. 256, tax code 03289120374 and VAT no. 00609841200 (the “Operator” or the “Seller”).

 

French Market: CITEO NUMERO D'IDENTIFIANT UNIQUE ADEME FR307121_01TAHX/ECO TLC REFASHION NUMERO D'IDENTIFIANT: 4000021851

Austrian Market: EUROPEAN RECYCLING PLATFORM (ERP) AUSTRIA A LANDBELL GROUP COMPANY KUNDENKODE: 4217443

German Market: ZENTRALE STELLE VERPACKUNGSREGISTER NUMMER DE5728164599563 KUNDENCODE LANDBELL AG: 4217443

 

To make a purchase it’s necessary to read and accept these terms and conditions of sale. Failure to accept these terms and conditions of sale will make it impossible to make purchases on the Site.

 

1-     Terms and Conditions of sale

1.1            The terms and conditions of sale, subject to any exceptions specifically agreed upon in writing, govern the relations between the Seller and the Client, who is understood exclusively as end-user of legal age acting for purposes not related to their trade, business, craft or profession, eventually carried out (the “Client”), in accordance with the provisions contained in Part. III, Title III, Chapter I of the “Consumer Code”, Legislative Decree no. 206/2005, and in the Legislative Decree. no.70/2003 on electronic commerce.

 

2-     Subject matter of the contract

2.1            With these terms and conditions of sale, the Seller sells and the Client purchases at a distance the “Products”, exclusively towards Italy and other Countries belonging to the European Union.

2.2            The contract is concluded exclusively through the internet network, through the Client’s access to the website www.robertocollina.it and the completion of a purchase order according to the procedure provided by the site itself.

2.3            Before confirming the purchase order, the Client must carefully read these terms and conditions of sale, which may also be printed, stored or copied for personal use.

2.4            The regular forwarding of the purchase order is subject to the acceptance of these conditions of sale by the Client, by selecting the appropriate box at the end of the online order.

2.5            The Seller therefore reserves the right not to fulfil any orders from those who do not hold the quality of Client and/or from underaged persons and/or from those who are located outside the mentioned Countries and/or orders that do not comply with these terms and conditions of sale.

 

3-     Pre-contractual information for the Client

3.1            Before the conclusion of the purchase contract, the Client will be able to view the characteristics of the Products that are illustrated, at the time of choice, in the product schedule, and before the validation of the order with payment obligation by clicking on "confirm and pay" the Client will be informed about:

- the total price of goods including taxes, with details of shipping costs and any other costs;

- method of payment;

- the period within which the Seller undertakes to deliver the goods.

3.2  The Client will be able at any time, and in any case before the conclusion of the contract, take notice- of any information about the Seller (name, address, telephone number and e-mail address), which are published on the Site and in these terms and conditions of sale.

3. 3          Purchase orders may be completed in Italian and English language.

 

4-     Conclusion of contract

4. 1          To purchase one or more Products on the Site, the Client must select the Products it intends to purchase and add them to the shopping cart. Once the selection of chosen Products has been completed, the Client must proceed with the checkout at the shopping cart web page (“Bag”) and follow the instructions for transmitting the order to the Seller.

4. 2          The purchase order of the Products may be placed either through the Client’s personal account, if registered on the Site, or through the “guest” user mode, providing in this case the personal information required to proceed with the order processing.

4. 3          The submission of the order form by the Client implies for the latter the obligation to pay the price indicated in the order.

4. 4          Once the on-line purchase procedure has been completed, the Client will receive an e-mail confirming the order, which will contain its data, the order number, the purchased goods and their price, the shipping methods and related costs, as well as the delivery address to which the Products will be sent, in addition to these terms and conditions of sale.

4. 5          The contract entered into between Seller and Client shall be deemed concluded with the acceptance of the order by the Seller via e-mail and, in any case, subject to successful completion of the relevant payment.

4. 6          The Seller may refuse a purchase order if there is an insufficient guarantee of solvency, or if it is incomplete or inaccurate, or if the Products are unavailable. In such cases the Seller shall, promptly and within 30 days from the day following the day on which the order was transmitted to the Seller, inform the Client by e-mail that the contract has not been concluded and that the purchase order will not be processed, specifying the reasons. If the Client has already paid the price, the Seller will refund the amount paid as soon as possible.

 

5-     Availability of products

5. 1          The availability of Products refers to the actual availability of the Products themselves at the time the Client places the order, but is to be considered indicative in any case, since:

- the Products may be sold to other Clients before the order confirmation, due to the simultaneous presence on the website of several users;

- an IT anomaly may have occured showing a Product available for purchase that in reality is not.

5. 2          Even after the e-mail order confirmation has been sent by the Seller, there may be cases of partial or total unavailability of the Products. In this case, the Seller will promptly send an e-mail containing the rectification of the order with the deletion of the Product(s) no longer available, as well as the methods and timing of the refund of any excess amount paid.

 

6-     Methods of payment

6. 1          The methods of payment can be found on each purchase order.

6. 2          If the method of payment by credit card is chosen, at the time of purchase, the Client shall enter the credit card details in a secure electronic banking system. These details will be forwarded to banks or companies that provide related remote electronic payment services, without the possibility of any third party accessing them. This information will never be used by the Seller except to complete the purchase process for which they were provided, or to issue the related refunds if the Products are returned, following the Client’s exercise of the right of withdraw, or if use of the data is necessary in order to prevent fraud or to report the police any fraud on the Site.

All transactions are processed via secure server, ensuring maximum data protection to the Client.

The Customers Service operators are not in any way authorized to request or accept credit card numbers and/or credit card validity details.

The Seller will in no way be held responsible for the fraudulent use of credit cards disclosed by the Client.

The Seller will immediately charge the Credit Card upon confirmation of the order for the Products. The total amount will be charged according to Client’s agreements with its own Bank.

The Seller will not be held responsible for the outcome of online payments made via credit card.

6.3            If the method of payment by PayPal is chosen, the Client will be able to pay directly through its own PayPal account.

The Seller reserves the right to right to proceed to order cancellation in case of payments from unverified PayPal accounts.

The Seller will not be held responsible for the outcome of online payments made through PayPal.

6. 4          If the method of payment by bank transfer is chosen, the order will be processed as soon as the Seller has received confirmation of the credit (usually 1-3 business days). The transfer must be made within 3 (three) days from the order date. Items will not be held or reserved for more than 3 (three) days, unless otherwise agreed by the Seller.

 

7-     Prices

7. 1          The prices of the Products are stated in Euros and include VAT tax.

7. 2          The prices of the Products may be subject to change. Therefore, the Client must check the final sale price before submitting the order form.

7. 3          In the event of an IT, manual, technical, or any other type of error that may result in a substantial and unforeseeable change by the Seller in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid will be refunded to the Client within 14 days from the day of cancellation.

 

8-     Shipments (cost and methods)

8. 1  Costs, methods and conditions for the delivery of the Products are indicated on the Shipping page, as well as on each purchase order form. They constitute an integral part of these terms and conditions of sale.

8. 2  For the orders of less than 250 Euros, the shipping costshall be:

·        7 Euros (VAT included) for Products to be delivered in Italy;

·        14 Euros (VAT included) for Products to be delivered in the remaining Countries of the European Union.

For orders of 250 Euros or more, shipping is free of charge for deliveries to all the Countries of the European Union.

8. 3          Shipments will be entrusted to UPS express courier, which will deliver from Monday to Friday during business hours.

8. 4          Shipments will only be made within the Countries of the European Union. Delivery times are approximately 1/2 business days from the completion of the order for shipments within Italy and 2/3 business days for shipments within the others Countries of the European Union.

8. 5          Once the purchase order is completed, a confirmation e-mail will be sent containing the Tracking Number to follow the status of the order and to know the delivery time by connecting directly to the UPS courier website (www.ups.it/tracking section). For any further requests or changes, our Customer Service can be contacted (e-mail customercare@robertocollina.it).

Upon delivery of the Products, the Client must check that the number of packages corresponds to the number listed on the delivery slip and that the package is intact and without signs of damage, tampering or alteration. If such verification is unsuccessful, the Client shall immediately inform the courier and either reject the product, or accept it and write subject to a written reservation on the delivery slip. The Client must also promptly notify the Seller’s Customer Service.

 

9-     Exercise of the right to withdraw

9. 1          The Client has the right to withdraw from the contract with the Seller free of charge, without explaining the reasons, within 14 days from the day of physical possession of the Products purchased on the Site.

9. 2          To exercise the right of withdrawal, the Client may communicate its decision using the withdrawal form, which can be found inside the package received or downloadable in the Returns section of the Site. The withdrawal form must be completed and sent to the Seller by e-mail to the address customercare@robertocollina.it.

9. 3          Alternatively, the Client may send a written notice of the decision to withdraw to the Seller, providing its personal data (name, surname, address and e-mail address), the date of the order and the date of receipt, the order number and details of the Products purchased; for this purpose the Client may use the following standard withdrawal form, which is not mandatory, as set out in Annex 1 of Legislative Decree no. 21 of 21 February 2014:

Standard withdrawal form

              pursant to article 49, paragraph 1, point h) of Legislative Decree no. 206/2005

(fill in and return this form only if you wish to withdraw from the contract)

Roberto Collina S.r.l.

·        Ordinary mail: Via Giorgio Morandi no. 256, 40014 Crevalcore, Bologna (BO), Italy, o

·        E-mail: customercare@robertocollina.it.

I/we (*name and surname*) hereby notify you of my/our withdrawal from my/our sale contract for the following goods/services: (*description of the goods*)

Order placed (*order date*)/received (*date of receipt*)

Name and Surname of the Client(s):

Address of the Client(s):

Signature of the Client(s) (only when sending the form in paper version)

Place and Date:

9. 4          The Seller will notify the Client confirming receipt of the notice of withdrawal by e-mail.

9. 5          The right of withdrawal applies only to the Product purchased in its entirety. It is not possible to exercise the right of withdrawal only for a part of the Product purchased (i.e.: inserts, accessories, etc.).

9. 6          Products subject to withdrawal must be returned to the Seller. In order to proceed with the return, the Client must return the Products within 14 days from the date of transmission of the withdrawal form to the following address: Roberto Collina S.r.l., Via Giorgio Morandi no. 256, 40014 Crevalcore, Bologna (BO), Italy.

9. 7          Where possible, the Products should be returned inside the original package sent by the Seller.

9. 8          The purchased Product shall be returned intact, complete with all its parts, with the control tag related to it, with any additional material (i.e. dust bags, hangers and clothing covers) and used for the time strictly necessary to establish and verify its nature, characteristics and size, according to normal diligence, without signs of wear and dirt.

9. 9          The Seller reserves the right not to proceed with the withdrawal procedure if the Products do not have the characteristics referred to in point 9.8 above or are returned without the identification tag and any accessories.

9. 10      The right of withdrawal may not be exercised in case where:

·        Products have been made to measure or customized;

·        Products may deteriorate rapidly;

·        after delivery, the Products have been inseparably mixed with other goods;

·        sealed Products may not be returned for hygienic and health reasons if they have been opened after delivery.

The exercise of the right of withdrawal does not imply, as an alternative to the refund, the possibility of obtaining the replacement of the Product returned with a different one for size, color or model. Therefore, if the Client wishes to receive a different Product will be required to place a new order.

 

10-  Terms and conditions of Product returns

10. 1      Products subject to withdrawal must be returned to the Seller within 14 days from the date on which the Client sent the relevant withdrawal form to the Seller.

10. 2      Once the Seller has received the notice of withdrawal indicated in Article 9 of these terms and conditions of sale, the Client will receive an authorization e-mail containing a shipping label and the instructions on how to return the Products subject to withdrawal, which are also contained within the Product package.

10. 3      The Client will be able to choose between the following two ways of return, the cost of which will be borne by the Client:

a)     Return by courier service provided by the Seller: following the return instructions, the Client will be able to book the pickup through the UPS courier Call Center at the unique no. 02/30303039. The cost of this shipping method is:

-        10,00 Euros (VAT included) for shipments from Italy;

-        20.00 Euros (VAT included) for shipments from the other European Union Countries.

This amount will be deducted as compensation from the amount due to the Customer as reimbursement for the exercise of the right of withdrawal. In this way,

This amount will be deducted as compensation from the amount due to the Client as refund for the exercise of the right of withdrawal. In this way, they will be considered extinct, for compensation, the Seller’s debt towards the Customer for the reimbursement of payments received by the latter for the purchase of the returned Products and that of the Customer towards the Seller for the costs incurred for the return of the product, for the corresponding quantities.

 

b)     Return with Client’s choice of shipment: the Client may decide not to use the courier service provided by the Seller. Even if the Client decides to use for the return of the Products a return/delivery method different from the courier provided by the Seller, all costs of the return arising from the chosen method are and shall remain borne by the Client, who shall remain responsible for any loss or damage of the Products until their actual delivery to the Seller's address.

 

11-  Terms and conditions of refund

11. 1      Upon receipt of the Products the Seller shall ensure that the Products comply with the conditions and terms indicated in art. 9 of these general conditions of sale.

11. 2      In the event that the checks procedures are successfully concluded, the Seller shall send the Client, by e-mail, the relative confirmation of acceptance of the Products thus returned and shall refund all the payments received from the Client including the delivery costs. The Seller will therefore not refund the additional costs of delivery expenses, if the Client has expressly chosen a more expensive method of delivery than that offered by the Seller.

11. 3      Whatever the method of payment used by the Client, the refund will be completed as quickly as possible by the Seller, after checking that the right of withdrawal has been properly exercised, but in any case within 14 days from the date on which the Seller received the notice of withdrawal. The Seller may suspend the refund until the receipt of the Products or until the Client has demonstrated that the Products have been returned, whichever is earlier.

11. 4      The Seller will make the refund using the same methods of payment used by the Client for the initial purchase, unless the latter has expressly agreed otherwise. If the recipient of the Products indicated on the order form does not correspond to the person who paid for them, the refund will be completed by the Seller to the person who made the payment, unless otherwise agreed.

11. 5      If the terms and conditions for the exercise of the right of withdrawal as set forth above have not been respected, the Client shall not be entitled to a refund of any sums already paid to the Seller. Within 14 day from the sending the e-mail notifying the Client of the non-acceptance of the return, the Client may choose to regain, at its own expense, the Products in the state in which they were returned to the Seller, givig notice to the Seller in the manner that will be communicated to it. Otherwise, the Seller may withhold the Products, in addition to the sums already paid for its purchase.

 

12-  Warranties and originality of the Products

12. 1      All Products sold through the Site are covered by the Seller’s warranty for defects of conformity lasting 24 months, provided that the defects are reported within 2 months from the discovery, as provided by by Legislative Decree no.206/2005 (“Consumer Code”). Proceedings intended to enforce the defect of conformity not intentionally concealed by the Seller shall in any event expiry after 26 (twenty-six) months from delivery of the Products.

12. 2      The warranty applies to Product that has a conformity defect, provided that the Product itself is used correctly, in compliance with the use and washing instructions indicated in the relevant label.

12. 3      In the event of a lack of conformity reported within the prescribed time limits, the Client may request, at its discretion, the Seller to repair or replace the Products, in both cases without incurring any expense, unless the requested remedy is objectively impossible or excessively expensive compared to the other. The Client may also request, at its discretion, an appropriate price reduction or termination of the contract if repair or replacement is impossible or excessively expensive, or if the Seller has not repaired or replaced the Products within a reasonable period or if the previous replacement or repair has caused considerable inconvenience to the Client. If, as a result of the control made by the Seller, the defect should not turn out to be a lack of conformity, the Client will be charged for any verification and restoration costs, where applicable, as well as transport costs if incurred by the Seller.

13-  Sizes and fit

13. 1      The essential characteristics of the Products are explained on www.robertocollina.com in each product schedule. However, the images and colors of the Products offered for sale on the Site may not correspond to the real ones, due to the effect of the Internet browser and the monitor used.

13. 2      The Seller’s Customer Service is available to provide more information, or to answer questions or clarifications sent to customercare@robertocollina.it.

14-  Validity

14.1     These terms and conditions of sale consist of the entirety of their component clauses. If one or more of the provisions of these terms and conditions of sale is considered invalid or declared invalid under law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to have full force and effect.

15-  Claims:

Any claims shall be addressed to:

Roberto Collina S.r.l.

Customer Service

Via G. Morandi, 256

40014 Crevalcore (BO)

e-mail: customercare@robertocollina.it

Tel.: +39 051 6804211

 

16-  Privacy

16. 1      Regarding the processing of Client’s personal data, please refer to the Privacy Policy.

 

17-  Governing law and dispute resolution

17. 1      These terms and conditions of sale are governed by the Italian law and in particular by the provisions of Legislative Decree no. 206 of 6 September 2005 containing the “Consumer Code”, with specific reference to provisions on distance contracts and Legislative Decree no. 70 of 9 April 2003 on certain aspects of e-commerce.

17. 2      In the event of any dispute between the Seller and the Client arising from the terms and conditions of sale, the Client may access the European Commission’s online dispute resolution platform at https://webgate.ec.europa.eu/odr, without prejudice in any case to the possibility of bringing an action before the competent judicial authorities.

 

18-  Amendments to terms and conditions of sale

18. 1      These terms and conditions of sale may be amended by the Seller at any time, including in consideration of any regulatory changes. The new terms and conditions of sale will be effective from the date of publication on the Site. Clients are therefore invited to access the Site regularly and to read the most updated version of the terms and conditions of sale before making any purchase.

18. 2      The terms and conditions of sale applicable to each contract made by the Client through the Site are those in force on the date on which the purchase order is sent.