6. RIGHT TO WITHDRAWAL
6.1 The Customer, when acting in his/her capacity as a consumer (i.e. any natural person who is purchasing the Products for purposes which are outside his/her trade, business or profession as provided in Article 3 of Legislative Decree No. 206 of July 22, 2005, also referred to as the “Consumer Code”), (hereinafter the “Consumer-Customer”), has the right to withdraw from the Purchase Agreement, for any reason, without the need to state the reasons, and without incurring any penalty. The right of withdrawal may be exercised with respect to all or only a part of the Products purchased, and may be exercised by and no later than fourteen days of receipt of the Products by the Consumer-Customer (see Article 52 et seq. of the Consumer Code). The right of withdrawal shall be exercised by the Consumer-Customer, within the above mentioned term, by means of a notice of withdrawal to be sent to Roberto Coin to the address specified in Article 1 of these General Terms and Conditions by registered mail with acknowledgment of receipt. Such notice may also be sent, within the same term, by telegram or by e-mail to the addresses and the numbers specified in the above-mentioned Article 1. The notice of withdrawal must specify the intention of the Consumer-Customer to withdraw from the purchase, as well as the Purchase Order number and the Products with respect to which the Consumer-Customer intends to exercise his/her right to withdraw. Roberto Coin provides its Consumers-Customers with a specific Form to be used for notifying the withdrawal. Click here to download the Notice of Withdrawal form.
6.2 The Consumer-Customer that has exercised his/her right of withdrawal shall return the Products to Roberto Coin no later than fourteen days after he/she has given notice to Roberto Coin of his/her decision to withdraw from the Agreement. The only costs to be borne by the Consumer-Customer following the exercise of his/her right of withdrawal shall be the costs of return of the Products to Roberto Coin. Roberto Coin will refund the price paid to the Consumer-Customer, at the latest within fourteen days of receipt of the notice of withdrawal from the Consumer-Customer, prior verification of the proper exercise of the right to withdraw and acceptance of the Products returned in compliance with paragraph 4 below.
6.3 The possibility of withdrawing from the contract is also recognised for the products for which pick-up was agreed at one of the Roberto Coin monobrand boutiques, pursuant to Art. 5. In this case, the term for the exercise of the above-mentioned right of withdrawal shall begin at the time the good was delivered to the Consumer .
6.4 The Products for which the right to withdraw is exercised shall be returned by the Consumer-Customer to Roberto Coin in their original state, with their original packaging and with the documents provided. Roberto Coin shall not accept any Products without their original packaging or without the documents provided therein or in a different state than when originally delivered (by ways of example, Products that have been used, worn, damaged or dirtied). Roberto Coin will verify the compliance of the Products that have been returned with the above-mentioned requirements as soon as these Products are returned. The Products shall be shipped by the Consumer-Customer to the following address: Roberto Coin S.p.a., Viale Trieste 13, 36100 Vicenza – Italy. The costs of return of the Products shall be borne by the Consumer-Customer. The Products that will not be accepted shall be sent back by Roberto Coin to the sender and the related shipping costs shall be borne by the Consumer-Customer. Roberto Coin shall refund the price paid after having effectively checked the state of the returned Products.
7. LEGAL GUARANTEE OF CONFORMITY AND EXCHANGES IN SIZE
1) LEGAL GUARANTEE OF CONFORMITY
a) Legal Guarantee for “Consumers-Customers” (as defined in Article 3 of Legislative Decree No. 206 of 2005, also referred to as the Consumer Code)
Roberto Coin shall be held liable vis à vis Consumers-Customers (i.e.customers acting for purposes that are outside their trade, business or profession) for any lack of conformity of the Product purchased, provided that the defect existed at the time of delivery and became apparent within two years of delivery and that the Consumer-Customer was not aware of such defect at the time of execution of the Purchase Agreement (see Article 128 et seq. of Legislative Decree No. 206 of July 22, 2005, also referred to as the Consumer Code).
Consumers-Customers are required to report any defect to Roberto Coin within two (2) months of discovery, by sending the Notice of Lack of Conformity form (click here to download) via registered mail with acknowledgment of receipt to the address indicated in Article 1 of these General Terms and Conditions or by e-mail to [email protected]. The postmark date on the registered letter or the date of receipt of the e-mail shall be construed as proof of the date of submission of the form. Roberto Coin reserves the right to request photographic evidence before authorising any returns due to a defect in the Product. The costs of return of the defective Products shall be borne by Roberto Coin, provided that such Products are returned to Roberto Coin via the same courier by which they were originally delivered.
After reporting a lack of conformity, the Consumer-Customer, without prejudice to the other rights pursuant to Art. 130 of the Consumer Code, shall be entitled to request the repair or replacement of the defective Product, with no expenses in either case, unless the repair or replacement being requested are objectively impossible or excessively costly, as specified in Art. 130, paragraph 3 and 4 of the Consumer Code . Should the Consumer-Customer choose to replace the Product, he/she may select the same Product or a different Product whose price is equal to or greater than the price of the defective Product. Should the Consumer-Customer select a Product with a higher price, he/she shall pay the difference.
The repair or replacement shall be made within a reasonable amount of time from the request, as specified in Art. 130, paragraph 5 of the Consumer Code.
The Products returned shall not present any signs of use and shall be placed, intact and complete with all the items contained in the original packaging, in the appropriate envelope provided by the courier at the time of collection of the package, with the Notice of Lack of Conformity form attached thereto – duly filled-out and accompanied by the purchase document. Roberto Coin shall not accept any returns that do not comply with the terms set forth herein. The costs of delivery to the Customer of repaired or replaced Products shall be exclusively borne by Roberto Coin.
b) Legal Guarantee for “Business Customers”
A Business Customer (i.e. anyone acting for business purposes) is entitled to benefit from the legal guarantee provided in Article 1490 et seq. of the Italian Civil Code. Such guarantee provides, among other things, that the Business Customer shall report to Roberto Coin, under penalty of forfeiture, any lack of conformity of the Product purchased within 8 (eight) days of discovery. The guarantee in favour of the Business Customer shall be valid for a maximum period of 24 (twentyfour) months from the delivery of the Product. Beyond such term, therefore, Roberto Coin shall not be held liable for any lack of conformity observed by the Business Customer. Defective Products shall be returned intact and complete with all the material and documentation originally provided. Defective Products shall be returned via the same courier by which they were originally delivered, failing which the related shipping costs shall be borne by the Business Customer.
2) EXCHANGES IN SIZE
A Product may be replaced with the same Product in a different size, upon the Customer’s request within fifteen (15) days of its receipt, by sending the Size Exchange Request Form (click here to download) via registered mail with acknowledgment of receipt to the address indicated in Article 1 of these General Terms and Conditions or by e-mail at [email protected]. The Product shall be returned to Roberto Coin via the same courier by which its was originally delivered. Furthermore, the Product shall be placed, intact and complete with all the items contained in the original packaging, in the appropriate envelope provided by the courier at the time of collection of the package, with the Size Exchange Request Form attached thereto – duly filled-out and accompanied by the purchase document. Roberto Coin shall not accept any returns that do not comply with the terms set forth herein.
Should the Product requested be out of stock, the Customer shall receive a gift card to the value of the price of the Product returned.
8. PERSONAL DATA PROTECTION
Pursuant to Article 13 of Legislative Decree No. 196 of June 30, 2003 (also referred to as T.U. Privacy, consolidated act on privacy) laying down the provisions for the protection of persons and entities with reference to the processing of their personal data, Roberto Coin hereby informs the Customer that the personal data provided by the Customer for the online purchase of Products shall be processed in compliance with the above-mentioned regulations and mainly by electronic means. The processing shall include any operation or set of operations (such as, without limitation, collection, recording, organisation, storage, adaptation, disclosure, alteration, retrieval, selection, use, deletion or destruction), concerning the personal data provided by the Customer when filling-out and placing an online Purchase Order on the Products. In particular, the above-mentioned processing is performed: 1) to comply with legal obligations (such as accounting and tax-related requirements); 2) to manage and perform the Purchase Agreement, and 3) to comply with the obligations arising out of the Purchase Agreement, such as, by way of example, the provision of transport and after-sale services. The disclosure of personal data is optional, but necessary for the purpose of supplying the Products. Failure to disclose your personal information will be of obstacle to the execution and performance of the Purchase Agreement.
For the purposes of due performance of the activities under paragraphs 1), 2) and 3) personal Customer information will mainly be accessible to the employees of the IT and administration departments of Roberto Coin, as well as to the after-sale services personnel. Furthermore, the data may be made available to the Roberto Coin suppliers providing services related to the above-mentioned purposes, such as, in particular, companies providing IT services, including hosting services, or companies providing trade-related services to Roberto Coin (such as data entry, transport and delivery). These entities mainly operate as data processors for Roberto Coin. A list of these third parties is available at the offices of the Data Controller.
The data controller (hereinafter the “Data Controller”) is: Roberto Coin S.p.A., Viale Trieste 13, 36100 Vicenza – Italy, registered with the Companies Register of Vicenza, REA number VI-213190.
No processing of data other than the one required for the execution of the Purchase Agreement may be carried out without the express consent of the Customer. Pursuant to Article 7 of Legislative Decree No. 196 of 2003, the Customer shall have the right to be informed of the source of the personal data, of the purposes and methods of the processing, of the criteria applied to the processing – when carried out with the use of electronic devices –, of the identification data concerning the data controller, the data processors and the designated representative as per Article 5(2), of the persons or categories of persons to whom or which the personal data may be communicated and who or which may gain knowledge of said data in their capacity as designated representative(s) in the State’s territory, data processor(s) or person(s) in charge of the processing. Furthermore, the Customer has the right to obtain: the update, rectification or, when interested, the supplement of the data; the deletion, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which they were collected or subsequently processed; and a statement that the above-mentioned operations have been notified, also with reference to their content, to the persons to whom or which the data were disclosed or disseminated, unless this requirement proves impossible or requires manifestly disproportionate efforts compared to the right protected. Finally, the Customer shall have the right to object, in whole or in part, for legitimate reasons, to the processing of its personal data, even though such data may be relevant to the purpose of the data collection, and to object to the processing of its personal data, when it is carried out for the purpose of sending advertising or direct selling material or for performing market surveys or commercial communications. For the purposes of exercising the rights provided in Article 7 of Legislative Decree No. 196 of 2003, the Customer may address its written request by registered mail with acknowledgment of receipt or e-mail, to the Data Controller, at the addresses listed in Article 1.
Upon the Customer’s consent ‒ which shall be free and voluntary ‒ Roberto Coin may process the Customer’s data also for promotional and marketing purposes, such as mailing promotional material relating to Roberto Coin products, for conducting market research and analysis, or for carrying out opinion surveys. The Customer shall have the opportunity to object at any time to the processing of its personal data for the purpose of mailing commercial information and promotional material.
Any promotional communications sent by e-mail shall include a specific section specifying the methods by which to object to the personal data processing and to avoid receiving any further commercial information and promotional material.
9. INTELLECTUAL PROPERTY
9.1 All the contents present on the Website (catalogues, images, and texts) are reserved and the exclusive property of Roberto Coin. The reproduction and diffusion, even partial, in any form, of the photographs, images, and texts are prohibited. Any links will be allowed only if the written authorisation of the company has been granted.
9.2 All the product illustrated in the Website and in the catalogues constitute the intellectual property of Roberto Coin. Every right to use the models is reserved. The brand/s and the distinctive signs of Roberto Coin are the exclusive property of the same and are registered in Italy and abroad.
10. LIMITATIONS OF LIABILITY
The images, photographs and other representations displayed on the Website are for illustration purposes only. Roberto Coin constantly adopts measures aimed at ensuring that the photographs displayed on the Website are faithful reproductions of the original Products, and uses every possible technological solution to minimize inaccuracies. Notwithstanding, some variations in viewing the images are always possible and may be attributable to different reasons, such as technical issues or the characteristics of the colour display resolution of the computer used by each individual Customer. Accordingly, Roberto Coin shall not be held liable for any inadequacy of the graphic representations of the Products displayed on the Website arising from such technical limitations.
Furthermore, Roberto Coin shall not be held liable for non-performance of the Agreement in the case of: a) unavailability of the Product ordered; b) a force majeure event that prevents the Product from being delivered such as, without limitation, extreme weather conditions, strikes, fire, war, etc.
Here reference is being made to the integral version of the “CONDITIONS AND METHODS FOR USING THE WEBSITE” (which can be found at the link)
11. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These General Terms and Conditions of sale, the Purchase Orders and the Purchase Agreements shall be governed by the laws of Italy and, in particular (where applicable), by Legislative Decree No. 206 of September 6, 2005 (the Italian Consumer Code).
Any dispute arising in connection with a Purchase Order or a Purchase Agreement and in general all the disputes concerning the interpretation and/or performance of this contract, shall be subject to the exclusive jurisdiction of the Court of the Consumer-Customer’s place of residence or domicile, if located within the State. On the other hand, for any dispute arising with Business Customers the parties hereby agree to recognise the exclusive territorial jurisdiction of the Court of Vicenza. .
Consumer-Customers may also choose to promote an out-of-court settlement of the disputes pertaining to a Purchase Order or Purchase Agreement by implementing the procedures set forth in part V, title II-bis of the Consumer Code (see Article 66, paragraph 5 of Legislative Decree No. 206 of 2005).
12. ACCESS TO THE AGREEMENT AND THESE GENERAL CONDITIONS
A copy of these General Terms and Conditions, pursuant to Article 12.3 of Italian Legislative Decree No. 70 dated 9 April 2003, can be downloaded and saved on the Computer of the Purchaser here: download General Terms and Conditionds.
A copy of the orders forwarded by the Purchaser and disciplined by these general agreement conditions is kept in electronic form in the database of the servers managed by Roberto Coin -Online Boutique, located in Bologna, Italy. Upon the request of the Purchaser, the documents can be provided in electronic format by means of sending them to the e-mail address indicated by the Purchaser without additional costs, or in paper-based copy form subject to payment of the costs for reproduction and sending of the same. From the moment of acceptance of the order, the computerised system generates a confirmation of the order and of the general conditions of the agreement which is sent to the e-mail address indicated by the Purchaser.
13. AMENDMENTS TO THE GENERAL CONDITIONS
Roberto Coin reserves the right to amend these General Terms and Conditions, without prior notice, for the purpose of complying with new laws and regulations or for other reasons. The new General Terms and Conditions shall be effective as of their publication on the Website and shall apply to the Purchase Orders placed after such date.