1. How to enter into a sales agreement with ROST S.r.l.
These terms of sale relate to the purchase of products made remotely over the computer network, from ROST S.r.l. – C.da Maestà, no. 36 – 62010 Urbisaglia (MC), Tax Code/VAT no. 01920530431, Chamber of Commerce and Business Registry (C.C.I.A.A./REA) no. 192772, owner of the domain name: www.rost.srl.
Each purchase transaction will be governed by the provisions of Legislative Decree no. 70/2003, Legislative Decree 206/2005 and, as regards the protection of personal data, by (EU) Regulation 2016/679.
In order to enter a sales agreement for the purchase of one or more products on www.rost.srl, you will need to fill out the electronic order form and send it to ROST S.r.l over the Internet, following the relative instructions. The order form contains a summary of information on the essential characteristics of each product ordered and the relative price (including all applicable taxes or fees), the means of payment that you can use to purchase each product, the delivery methods of the purchased products, shipping and delivery costs. The agreement is deemed concluded when ROST S.r.l. has received your electronic order form and verified the correctness of the data relating to your order.
Before proceeding with the purchase of the products by sending the order form, you will be asked to carefully read the General Terms of Sale, and to confirm your acceptance by selecting the corresponding field. The order form will be stored in our database for the amount of time it takes to process the order and, in any case, as required by law. Before sending the order form, you will also be asked to identify and correct any data entry errors. Once the agreement is concluded, ROST S.r.l. will process your purchase order. ROST S.r.l. may not process purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect. In these cases, you shall be informed by e-mail that the agreement has not been concluded and that ROST S.r.l has not acted on the purchase order, specifying the reasons thereof.
2. Warranties and indication of product prices
Only original and quality products are offered for sale on the website www.rost.srl. These products are made by ROST S.r.l. and accompanied by the relative CE conformity certification. The essential characteristics of the products are indicated on a product sheet present on www.rost.srl. The images and the colors of the products displayed for sale on the website www.rost.srl, however, may not exactly correspond to real items due to the effect of the Internet browser or monitor used.
All products sold by ROST S.r.l. are covered by the manufacturer’s conventional warranty and by a 24-month warranty for conformity defects, pursuant to Legislative Decree no. 206 of September 6, 2005 in implementation of EC Directive 1999/44. The conventional manufacturer’s warranty is providedaccording to the methods described in the documentation inside the product packaging. If, following an intervention by ROST S.r.l., the defect is not covered by the manufacturer’s conventional warranty, you will be charged for any inspection and repair costs, as well as transport costs, if incurred by ROST S.r.l.
The 24-month warranty pursuant to Legislative Decree no. 206 of September 6, 2005 applies to products that present a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as set out in the attached technical documentation. This warranty applies only if you are a private consumer (a natural person who purchases the goods for purposes not related to his/her professional activity, or makes the purchase without indicating a VAT number on the order form). In the event of a lack of conformity, ROST S.r.l. shall restore the conformity of the product at no cost to the customer by repairing/replacing it or by reducing its price, until the agreement is terminated. Replacements of DOA products (Dead On Arrival: product not working upon delivery) occur only if expressly provided for by the manufacturer.
The timing of the replacement or repair of the product depends exclusively on the policies of the manufacturer. In the event that, for any reason, ROST S.r.l. is unable to supply you with a product under warranty (restored or replaced), it may, at its discretion, opt to refund the entire amount paid, or to replace it with a product of equal or superior characteristics. No damages may be claimed against ROST S.r.l. for any delays in carrying out repairs or replacements.
In cases where the application of the warranties involves the return of the product, you will have to return the goods (at your expense) in the original packaging, complete with all parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). In order to minimize damage to the original packaging we recommend, when possible, placing it in a second box or packaging. In all cases, no labels or adhesive tapes should be affixed directly to the original product packaging.
ROST S.r.l. reserves the right to cancel the order if typing or pricing errors are detected.
ROST S.r.l. is in no way responsible for damage caused to things or persons due to any misuse of the equipment, or for any other cause, even in the case of application of the equipment to tractors or other vehicles.
Product prices may be subject to changes. Please verify the final sale price before submitting the relevant order form. In the event that you should decide to exercise your right of withdrawal, ROST S.r.l has the right not to accept the return of products that have been undergone changes to their essential and qualitative characteristics or that have been damaged.
The methods to use to pay for the products and the relative shipping costs are indicated on the order form.
Payment must be made in advance by means of a bank transfer, using the bank details indicated on the order form. Indeed, after placing the order, an e-mail will be sent containing the summary of the purchasemade and the bank details.
The information regarding the payment will be used by ROST S.r.l. solely to complete the procedures relating to your purchase and to issue refunds in case of any product returns, following exercise of your right of withdrawal, or if it becomes necessary to prevent or report any acts of fraud on www.rost.srl to the police.
4. Shipping and delivery of products
The shipping methods will be indicated to you during the purchase process.
Please pay attention to the information provided in this section, because the indications form an integral and substantial part of these General Terms of Sale and as such are, therefore, considered to be fully understood and accepted by you when sending the order form.
ROST S.r.l. makes use of the best carriers in Italy ensuring the delivery of the products within 10 days from the receipt of payment.
Shipping costs are calculated based on the rates specified below.
- in the Islands, Calabria and for distances greater than 150 km.: € 200.00 (two hundred/00)
- for distances greater than 100 Km.: € 150.00 (one hundred and fifty/00)
- for distances less than 100 Km.: € 100.00 (one hundred/00)
The cost of transport will be entirely borne by the purchaser.
Shipping costs include packing and shipping fees. The packaging costs are fixed, while the transport costs vary according to the distance and the place of destination.
We recommend grouping your items into one order. We cannot group two distinct orders made separately and shipping costs will apply to each of them individually. Your parcel will be sent at your risk.
The purchased products are supplied packed and on pallets.
5. Right of Withdrawal
If you are a consumer (i.e. a natural person purchasing the goods for purposes not related to a professional activity, or if you make the purchase without indicating a VAT number to ROST S.r.l on the order form), you have the right to withdraw from the purchase agreement for any reason, without the need to provide explanations and without any penalty, except as indicated below with reference to the relative conditions.
To exercise this right, you must send ROST S.r.l. a notice to that effect, within 15 working days from the date of receipt of the goods.
This notice must be sent by registered letter with acknowledgment of receipt, addressed to ROST S.r.l. – C.da Maestà, no. 36 – 62010 Urbisaglia (MC), or by e-mail to email@example.com or certified e-mail to firstname.lastname@example.org, again within the aforementioned term of 15 days and followed by a confirmation by registered letter with acknowledgment of receipt, sent NO MORE than 48 hours later. Once the above notice of withdrawal has been received, ROST S.r.l.’s customer service will promptly notify the customer with the instructions on how to return the goods which must be received by ROST S.r.l. within 10 days following authorization. For consumer disputes arising from this agreement relating to the selling of goods and services online between www. rost.srl and a consumer, we hereby ensure our participation in the alternative dispute resolution procedure held before the ADR entities to be subsequently indicated. We inform you that complaints may also be submitted on the European Commission’s ADR Platform at the link https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage”.
The right of withdrawal is however subject to the following terms of sale:
- the right applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product;
- the right does not apply to products once opened;
- the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). In order to minimize damage to the original packaging we recommend, when possible, placing it in a second box or pallet, bearing the Return Material Authorization (RMA) number. In all cases, no labels or adhesive tapes should be affixed directly to the original product packaging;
- by law, the shipping costs for returning the goods are charged to the customer;
- up until the certificate of receipt in our warehouse, the shipment is under the full responsibility of the customer;
- in the event of damage to the goods during transport, ROST S.r.l. will notify the customer of the incident (within 5 working days of receipt of the goods in its warehouses), to allow him/her to promptly file a complaint against the courier chosen by him and obtain a refund for the value of the asset (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal;
- ROST S.r.l. is not liable in any way for the damage or theft/loss of goods returned by uninsured shipments;
- upon its arrival in the warehouse, the product will be examined to assess any damage not caused by transport. If the original box and/or packaging is damaged or tampered with, ROST S.r.l. will withhold a percentage from the refund due which shall, in any case, not exceed 10% of the same, as a contribution to the repair costs.
Without prejudice to any repair costs for damages ascertained to the original packaging, ROST S.r.l. will refund the amount already paid, in the shortest possible time and in any case within 90 days from the request for withdrawal, by bank transfer. It will be your responsibility to promptly provide the bank details needed to obtain the refund (IBAN – ABI – CAB – bank account number of the invoice holder).
The right of withdrawal is completely invalid due to lack of the essential integrity of the good (packaging and/or its contents), in cases where ROST S.r.l. ascertains:
– the lack of the external packaging and/or the original internal packaging;
– the absence of integral elements of the product (accessories, cables, manuals, parts, etc.);
– damage to the product for reasons other than its transport.
In case of the loss of the right of withdrawal, ROST S.r.l. will return the purchased good to the sender, charging him/her for the shipping costs.
The “Satisfied or Reimbursed” warranty is to be deemed applicable according to the methods indicated in the points above.
If you are a professional or if, in any case, you have indicated your VAT number in the order form, to withdraw from the contract send us a certified e-mail to email@example.com, indicating:
- First and last name
- Order reference
- Reason for return
- Telephone number
Once we have received the email, without prejudice to the conditions indicated in the previous section (letters A to H) and made the necessary arrangements, you may send the goods to the following address:
C.da Maestà, n. 36
62010 – URBISAGLIA (MC)
Before shipping, please ensure that the products are in the same condition in which they were received, including packaging, labels and any original use and maintenance instruction booklets. Returns that do not meet all the required conditions will not be accepted: in this case the items will be sent back to your address at your expense. If the Right of Withdrawal is exercised according to the methods and terms indicated in this section, ROST S.r.l. will refund any sums already collected for the purchase of the products, net of shipping costs for the delivery of the purchased products and any customs charges for the import of products from non-EU states. In addition to the amounts collected for the purchase of the products, ROST S.r.l will also return the shipping costs for the delivery of the products purchased to you in the event that the return of the products takes place for reasons attributable to ROST S.r.l., such as in cases in which the products they do not possess the promised essential characteristics, have manufacturing defects, or there have been errors in their delivery. The sums will be refunded to you in the shortest possible time and, in any case, within ninety (90) days from the date on which ROST S.r.l. became aware of the exercise of your right of withdrawal, we will activate the refund procedures after having verified the proper implementation of the terms and conditions indicated above. If the methods and terms for exercising your right of withdrawal are not properly imlemented, as specified in this section, you will not be entitled to a refund of the amounts already paid to ROST S.r.l., however, you may obtain, at your expense, the products in the state in which they were returned to ROST S.r.l. Otherwise, ROST S.r.l. shall be entitled to keep the products in addition to the monies already paid for their purchase.
7. Applicable Law and Resolution of Disputes
These Terms and Conditions of Sale are governed by Italian law and in particular by the Legislative Decree of 6 September 2005, no. 206 on distance contracts and by the Legislative Decree of April 9, 2003 no. 70 covering certain aspects of electronic commerce. In the event of disputes between ROST S.r.l. and a customer who has indicated his/her VAT number on the order form, arising from the General Terms of Sale, the court of Macerata shall have jurisdiction.
8. Changes and updates
These Terms and Conditions of Sale may be amended from time to time to include eventual regulatory changes. The new General Terms of Sale shall be effective from the date of their publication on the website www.rost.srl.