GENERAL CONDITIONS OF SALE
Art. 1- Definitions
The following terms and expressions will assume the meaning set out below (providing that the singular may be replaced by the plural):
CITES Managing Authority: the competent local authorities entitled to issue the CITES Certificate, and manage and control the activities related to it;
CITES Certificate: the permit certificate for the import, export, or re-export of certain parts of animal species, or products derived from them, issued by the CITES Managing Authority;
Customer: the consumer interested in buying the products;
Consumer Code: the Legislative Decree dated 6th September 2005 no.205;
Notification of acceptance of the Order: the notification referred to in paragraph 3.6;
General Conditions of Use and Registration on the Website: the conditions of use and the registration on the Website, available on the website at the following link [*];
General Conditions of Sale (or General Conditions): these general conditions of sale;
Consumer: the individual who is acting for purposes other than his/her entrepreneurial, commercial, craft or professional activities;
Contract: the purchase contract between Rubeus and the Customer, with due regard for the General Conditions, after acceptance by Rubeus of the Order transmitted by the Costumer;
Order: the proposal concerning the purchase of the products transmitted by the Costumer;
Parties: Rubeus and the Costumer;
Products Price: the price including VAT fixed by Rubeus for each Product;
Sale Price: the sum of the Product Price and the shipment costs referred to in the article 4;
Products: the bags and other accessories offered for sale by Rubeus through its Website;
In stock Products: the Products offered for sale by Rubeus and available at the time of transmission of the Order by the Customer;
Off stock Products: the Products offered for sale by Rubeus, but not available at the time of transmission of the Order by the Customer;
Ordered Product: the Product subject of the Order transmitted by the Customer;
Registration: the registration process on the Website referred to in the article 4 of the General Conditions of Use and Registration on the Website;
Rubeus: Rubeus S.r.l., a sole member company incorporated under the Italian law, with registered office in Milan at Via San Pietro all’Orto no. 22, postcode 20121, Italy, registered in the Companies Register of Milan, Economic Administrative Index no. MI - 2093204, VAT no. 09481440965;
Website: the web portal accessible at the Internet address www.rubeusmilano.com and its sub-domains.
Art. 2- General Provisions
2.1 The Products on the Website are created and manufactured by Rubeus.
2.2 The sale of Products by Rubeus through its Website is subject to these General Conditions.
2.3 The purchase of Products is reserved to Consumers, provided that they have reached at least 18 (eighteen) years old and they are not banned from purchasing the products, or by whatever other means under the Italian law, as well as the laws of other countries in which they reside or have access to the Website.
2.4 Rubeus undertakes to use its best endeavours to describe and present the Products offered for sale, using pictures and providing a detailed description of each Product.
2.5 It is henceforth understood that the images annexed to each Product description may not be perfectly representative of its characteristics and may differ in colour, size, etc. shown in the pictures. Consequently, Rubeus will not be liable for the possible inadequacy of graphic representations of the Products shown on the Website, since these representations are intended to be merely descriptive.
Art. 3- Conclusion of Contract Conditions
3.1 Before the transmission of the Order, it is necessary for the Customer to record his/her personal data on the Website, according to the conditions set out in the article 4 of the General Conditions of Use and Registration on the Website.
3.3 Once the Order has been transmitted, Rubeus will send to the Customer an e-mail summarizing the Order. Under no circumstances the aforementioned e-mail will be valid as acceptance of the Order.
3.4 As a result of the provisions set out in the previous paragraph 3.3, the Customer notes that all Orders are subject to acceptance by Rubeus who retains the right, at its sole discretion, to refuse them.
3.5 In case of non acceptance of the Order, Rubeus will promptly inform the Customer by e-mail no later than 48 (forty eight) hours, and will arrange for the repayment of the Sale Price referred to in the article 4, which will be accredited on the same means of payment used by the Customer to purchase the product in the shortest time possible and, in any case, within the following 10 (ten) working days. Any delay in the crediting of the sum may depend on the credit institute, the credit card type or the payment solution adopted; therefore, Rubeus is exempt from all liabilities.
3.6 The acceptance of the Order received, notified by Rubeus through the Notification of Acceptance of the Order, transmitted by e-mail at the e-mail address provided by the Customer, determines the conclusion of the Contract. the Notification of Acceptance of the Order will contain: i) the personal data of the Customer (including billing and shipping address ), ii) date and time of Order receipt, iii) a summary of the information already stated in the Order, iv) “the Customer order number” to be used for any other communication related to the Order, v) the right of withdrawal and the right of repayment referred to in the article 7 of this General Conditions.
3.7 Without prejudice to the previous paragraph 3.6, in case of an order concerning an Off stock Product, the Notification of Acceptance of the Order will also contain the date on which the Ordered Product will be shipped to the Customer, since Rubeus is unable to establish, with reasonable certainty, the date at the time of presentation of Off stock Products on the Website. The aforementioned date may vary depending on: i) the materials used to create the Off stock Product, ii) the manufacturing time of the Product, iii) the destination of the Off stock Product in relation to the country of residence of the Customer or the shipping address provided by the Customer in the Order (for further information, please refer to the article 6 below).
3.8 The accounting invoice for the payment of the Sale price will be transmitted by e-mail at the e-mail address provided by the Customer.
3.9 The Customer may report any possible errors in the Order related to the shipping address until the time of the delivery of the Ordered Product to the courier.
Art. 4- The Price
4.1 The Price of the Products is expressed in Euro and shown on the Website.
4.2 The shipping fees will be borne by the Customer.
4.3 The shipping fees will not be included in the Products Price. They are calculated and provided in the purchasing procedure before the Order confirmation by the Customer, and shown in the web page summary of the Order. The shipping fees will be calculated on the basis of: i) the Products Price, ii) the pack size of the Product, iii) the Country of destination of the Ordered Product. Occasionally, a promotional shipping fees connected to initiatives aimed at promoting the purchase may be applied.
4.4 Rubeus retains the right to modify, at any time, the Products Prices shown on the Website. Such modifications will be applied only for the Orders transmitted after publication on the Website.
Art. 5- Payment Modalities
5.1 The Purchase Price may be paid to Rubeus at the time of the Order transmission by: i) BNL circuit (Banca Nazionale del Lavoro) ii) My Bank, iii) bank transfer. Upon the conclusion of the Order transmission, the Customer will be directed, in accordance with the preference expressed, to the BNL circuit web page (Banca Nazionale del Lavoro), or to the My Bank web page, or to the web page containing the details for the execution of the bank transfer. In the event of purchase by credit card or My Bank, the Purchase Price concerning the Order will be charged at the time of Order acquisition.
5.2 If the Customer has exercised his/her right of withdrawal with reference to the Ordered Product, under the following article 7, or if the Customer has reported a fault and/or defect of the Ordered Product and the contract settlement has been granted as a remedy under the following article 9, the Sale Price will be repaid with the same modalities used by the Customer for the payment.
5.3 Under no circumstances Rubeus will be liable for possible damages, direct or indirect, caused by delay due to failure in releasing the undertaken Sale Price by the BNL circuit (Banca Nazionale del Lavoro)or by MyBank. At no time during the purchasing procedure Rubeus is able to acquire the financial information of the Customer. No informatics archives of Rubeus contain or maintain such data.
Art. 6- Transport and delivery modalities
6.1 The Ordered Product will be delivered by courier to the shipping address provided by the Customer in the Order.
6.2 The delivery times for Italy and abroad depend on: a) for the In stock Products and for the Off stock Products: i) the time required for the acquisition, also because of the Country of destination, of all documentation or the necessary authorizations for shipping the goods (la “Additional Product Documentation”), ii) the time required for goods pick-up and delivery by the courier; b) only for the Off stock Products, and in addition to the above information: i) the time required for procurement and supply of the materials necessary for the creation of Products, ii) the time required for the creation of Products (also by Rubeus third party suppliers) (hereinafter “The Order Preparation Process”).
6.3 Rubeus undertakes to use its best endeavours to ensure that the Ordered Product will be delivered to the courier within 5 (five) working days from the conclusion of the Order Preparation Process, referred to in the previous paragraph 6.2.
6.4 Upon the delivery of the Product ordered by the Customer, the latter should verify that the Ordered Product corresponds to the information specified in the courier accompanying document, and that the Ordered Product packaging is intact, undamaged, dry, and unaltered.
6.5 Any external damage or the absence of correspondence with the information specified in the courier accompanying document should be promptly reported to the courier, affixing the inscription “goods accepted with reservation” on the accompanying document. Otherwise, once the Customer has signed, without reservations, the courier transport document, he/she will no longer able to contest the external characteristics of the Ordered Product.
6.6 In the event of non withdrawal within 5 (five) working days of the unclaimed Ordered Product stored in the warehouses of the courier, because of the repeated inability to deliver to the address provided by the Customer upon the Order transmission, the Ordered Product will be returned to Rubeus, or to any other person/body authorised by Rubeus, in order to initiate a new shipping practice with all the relevant shipping fees to be paid by the Customer.
Art. 7- Right of withdrawal for the Customer and repayment
7.1 In accordance with the article 52 and following of the Consumer Code, the Customer retains the right to withdraw from the Contract, without stating any reason and without any penalties, within 14 (fourteen) working days from the date of receipt of the Ordered Product. For this purpose, the Customer can: i) fill in and submit the model withdrawal form referred to in the Annex I, part B, of the Consumer Code, available at the link[*], ii) send a withdrawal notification to the e-mail address firstname.lastname@example.org, iii) send a withdrawal notification by registered mail with return receipt to Rubeus address, Via San Pietro all’Orto no. 22, 20121, Milan, Italy, iv) .
7.2 The right of withdrawal for the Customer is subject to the following binding conditions: i) it should be exercised for the whole Ordered Product; ii) the Ordered Product should be unused and undamaged, in its original packaging, including all the original labels and all the Additional Product Documentation; iii) the packaging of each Ordered Product should be intact and in a good state, in order to protect the original coverings from damages. Therefore, it is not possible to accept the return of goods without the original labels or Ordered Products which cannot be resold because they are no longer in a good state.
7.3 The Ordered Product may be returned to Rubeus through the courier provided by Rubeus.
7.4 If the Customer has opted for the return of the Ordered Product through the courier provided by Rubeus, after the receipt of a notification among those referred to in the previous paragraph 7.1, Rubeus will send to the Customer an e-mail containing the prepaid label that the Customer will affix on the parcel to be delivered to the courier, who will perform the withdrawal on the date specified in the e-mail received by Rubeus. Once the parcel has been delivered to the courier, the Customer will receive a further e-mail containing a tracking code to verify the shipment status.
7.5 In order to further improve the protection of Customers, it should be noted that, if the Customer opts for the return of the Ordered Product through the courier provided by Rubeus, it will be possible to verify at any time the exact localization of the parcel using the tracking code received by e-mail after the delivery of the Ordered Product to the courier.
7.6 Without prejudice to the provisions set out in the previous paragraphs of this article 7 relating to the right of withdrawal of the Customer, if the Product ordered by the Customer has to be delivered to the shipping address provided by the Customer in the Order, and this shipping address is outside the Italian territory of the Italian Republic and/or the European Union, the following provisions apply:
i) at the time of the export, Rubeus affixes to the Product ordered by the Customer the CITES certificate previously requested by (and issued to) Rubeus by CITES Managing Authorities for the import, export, or re-export of certain parts of animal species, or products derived from them, used to create Rubeus products;
ii) the Product ordered by the Customer is delivered by courier in accordance with the modalities and the terms set out in the article 6 of these General Conditions to the shipping address provided by the Customer in the Order accompanied by: i) the aforementioned CITES Certificate and ii) a further document issued to the Customer by the CITES Managing Authorities, certifying the regularity of the export according to the applicable laws and provisions relating to the trade of endangered animal species;
iii) if the Customer intends to exercise the right of withdrawal in accordance with the modalities and the terms set out in the article 7 of these General Conditions, he/she will be responsible for contacting directly the CITES Managing Authorities, in order to ensure that the aforementioned Authorities will release to the Customer a new document allowing the re-export of the Ordered Product. Once the document is issued, the Customer may (and should) arrange for the return of the Ordered Product to Rubeus;
iv) the costs related to the conditions set out at the previous point iii) of this paragraph andularthe customs duties–including but not limited to thecustoms shipping servicesing to the Products ubject to the Certificatethe costs deriving from the executionof customs formalitiesthe costs relating toewsandradjustments of customs entriesthe administrative costsfor possible customs related tionsare and remain to be borne by the Customer.
For any questions relating to the procedure for the release of the CITES Certificate, please contact Rubeus by email to be transmitted to the address email@example.com.
7.7 Upon receipt of the Ordered Product for which the right of withdrawal has been exercised, and after the verification of compliance with the conditions referred to in the previous paragraph 7.2, Rubeus will repay the Sale Price, deducting from the amount of the repayment a sum equivalent to the costs incurred by Rubeus for the return of the Product that, in any case, will not exceed the amount of the shipping fees originally incurred by the Customer during the transmission of the Order, if the Customer opted for the courier provided by Rubeus.
7.8 However, the repayment referred to in the previous paragraph 7.7 will be carried out within 14 (fourteen) days from the date on which Rubeus has been informed of the decision of the Customer to withdraw from the Contract. It is henceforth understood that the repayment may be withhold until the Ordered Product is received. The repayment will be carried out in accordance with the modalities referred to in the previous paragraph 5.3.
7.9 The Customer will lose the right to withdraw from the Contract if Rubeus ascertains a breach of the conditions set out in paragraph 7.2. In that case, Rubeus will retain the whole Sale Price, will make available to the Customer the Ordered Product, and will charge the Customer for the shipping fees.
Art. 8- Force Majeure
8.1 Rubeus will not be liable for any delay or failure to implement the obligations set out in these General Conditions, if the delay or failure is due to unforeseeable circumstances or force majeure. This provision will not affect the rights deriving from the law and, in particular, the right to receive the Ordered Product within a reasonable time or to be repaid in the event of non-delivery due to unforeseeable circumstances or force majeure.
Art. 9- Guarantees for the Customer concerning faults and defects
9.1 If the Ordered Product has fault and/or defect, these should be promptly reported by the Customer to Rubeus. Any possible claim should be submitted to Rubeus by i) e-mail to the address firstname.lastname@example.org, ii) registered mail with return receipt to Rubeus address, Via San Pietro all’Orto no. 22, 20121, Milan, Italy, iii).
9.2 The provisions of the Consumer Code regarding the guarantee for fault and defect of products apply also to the products purchased on the Website. Therefore, the rights of the consumer, referred to in the article 130 of the Consumer Code, will be recognized to all Customers. These right should be exercised within the terms set out in the article 132 of the Consumer Code.
9.3 The guarantees referred to herein are those prescribed by law.
9.4 However, the Customer retains the right of the legal guarantee of conformity for the goods referred to in part IV, title III, of the Consumer Code.
9.5 If it is possible to repair the Ordered Product, and the Customer opts for that solution, Rubeus will promptly contact the Costumer to arrange the repair work.
9.6 If it is possible to replace the Ordered Product, and the Customer opts for that solution, Rubeus will promptly contact the Costumer to arrange the return of the Ordered Product, which will be carried out at the same time of the delivery of the Product chosen to replace the previous one, by courier provided by Rubeus. The shipping fees for the replacement of the Ordered Product will be fully borne by Rubeus.
9.7 If Rubeus is unable to repair or replace the Ordered Product, a reduction on the Sale Price will be granted to the Customer. In that case, Rubeus will determine the amount of the reduction, taking into account the use of the Product, and will contact the Customer to communicate its estimate. Rubeus will carry out the repayment of the Sale Price in accordance with the modalities referred to in the previous paragraph 5.3, within the following 10 (ten) working days.
9.8 Otherwise, the Customer may opt for the settlement of the Contract. In that case, Rubeus will contact the Customer to arrange, at Rubeus expenses, the return of the Ordered Product, by courier provided by Rubeus. Once the Ordered Product is made available for Rubeus, the latter will carry out the repayment of the Sale Price in accordance with the modalities referred to in the previous paragraph 5.3, within the following 10 (ten) working days.
Art. 10- Amendments to the General Conditions
10.1 Rubeus retains the right to amend the General Conditions with effect from the date of publication of the relevant amendments on the Website. The Orders
transmitted to Rubeus are subject to the General Conditions in force at the time of transmission.
10.2 The Customer cannot produce any amendment or additions to the General Conditions without the prior consent of Rubeus.
Art. 11- Intellectual Property
11.1 Rubeus, or the successors to which Rubeus is licensee, has the full and exclusive ownership of all trademarks, trade names, corporate names, logos and, in general, of all the distinctive signs used on the Website. All trademarks are protected under the relevant laws in force. Therefore, any reproduction or use is forbidden.
Art. 12- Enforceable law
12.1 The General Conditions and all sales on the Website are governed by the Italian law, irrespective of the destination of the Order.
12.2 Any dispute relating to the existence, interpretation, execution or termination of the General Conditions and/or the Contract, falls under the jurisdiction of the Court designed in accordance with the Italian law.
12.3 As an alternative to the procedures before the Court designed in accordance with the Italian law, the Customer may resort to the extra-judicial disputes settlement procedures referred to in part V, title II-bis, of the Consumer Code.