Conditions of Sale
The following general terms and conditions govern the sale of goods carried out by electronic medium via the online site www.rollskater.com, owned by Roll Skater s.r.l. with head office in Via Bari 3, 36060, Romano d’Ezzelino (VI), Italy, and registered in the Registro Imprese di Vicenza (n. 180362 dated 15/03/1985), VAT Number 00871850244.
All purchasing operations will be regulated by Art. 3, part of the legislative decree 196/2003. The protection of confidentiality (privacy) will be regulated by the EU ruling 679/2016.
The following general terms and conditions were made effective on 28/04/2008. The following can be subject to updates or edits made by Roll Skater s.r.l. at any viable moment, without previous notification, and will be made effective from the date of publishing on the site www.rollskater.com.
The user shall engage, whenever an update or an edit to the terms is published, in reading, or printing, the aforementioned terms and conditions.
An online contract of sale shall be understood as a distance contract concluded by a supplier, Roll Skater s.r.l., with head office in via Bari 3, 36060, Romano d’Ezzelino (VI), Italy, and a customer, under an online distance retailing service hosted by the supplier, intended to be a legal transaction having object mobile good and/or services, that for this contract shall use exclusively the distance communication mean known as Internet.
A client shall be understood as the physical person that purchases mobile goods and/or services for purposes not directly related to the professional activity that might be carried out.
The prices in this retail store are meant for the general public. If retailers or dealers are to be interested in the goods to know further details about our contract policies, they shall contact us through the information shown in the Contacts page of our website. Art. 1: ACCEPTANCE OF THE TERMS AND CONDITIONS OF SALE
1.1 – The terms and conditions of sale are integral and essential part of the present contract.
– Every contract shall be concluded directly by the customer (Business and Private) via access to our website www.rollskater.com
. By following these steps, the customer shall conclude the contract of sale by carefully following the provided procedure.
1.3 – The present general terms and conditions of sale must be reviewed online by the client, before the completion of the sale procedure. The notification of confirmation of the purchase, implies complete knowledge and acceptance of our terms and conditions.
1.4 – The customer, when notified about the confirmation of the purchase, fully accepts and undertakes, in its relations with Roll Skater s.r.l., these general terms and conditions of sale and payment methods described below, claiming to have read and accepted all indications made available by him, pursuant to the abovementioned rules, noting that Roll Skater s.r.l. does not consider itself bound to terms and conditions different from the following, if not agreed previously in writing.
Art. 2: SALE PRICES AND PURCHASE CONDITIONS
– Every product sale price displayed and indicated within the www.rollskater.com
website, property of Roll Skater s.r.l., for which they represent the public offer pursuant to art. 1336 c.c., will be shown VAT included or net, depending on country of access to the website.
2.2 - The shipping fees to the customer residence is fully charged to the same customer, except where differently stated. The total cost will be disclosed to the customer before the purchase confirmation. All custom costs, when due, are at Customer complete change, unless otherwise agreed.
2.3 – The contract of purchase is concluded throughout the exact completion and consent of purchase shown through the accession given online after the registration.
2.4 – The customer is invited to pay for the ordered good by using the payment methods made available online during the purchase.
2.5 – The shipping fees may vary according to weight, volume and shipping destination.
Art. 3: SHIPPING METHODS
3.1 – Roll Skater s.r.l. will provide the delivery of the goods purchased by the customer to the address specified by the latter, with the available methods according to the purchase. The delivery will be served through couriers or shipping companies according to the customer’s choice.
3.2 – The purchased goods will be delivered within the period disclosed in art. 3, part of legislative decree 196/2003. No responsibilities will be given to the supplier for a delayed or missing delivery as a result of force majeure or fortuitous case.
3.3 – The customer shall verify, when the purchased goods are delivered, the conformity of the product; only then, unless exerted the right of withdrawal in accordance with point 8, the customer will have to sign the delivery documents.
3.4 – At the time of delivery, the customer shall verify the integrity of the delivered packages and shall check that the goods delivered match what is summarized in the accompanying document. In case of discrepancy, the customer shall write it in the accompanying document and delivered, within seven days, via fax or two-way registered letter, to Roll Skater s.r.l.. Despite an undamaged package, the customer shall always check the quantity and quality of the delivered goods, within seven days from delivery time. Any concealed anomalies must be written and reported via fax or two-way registered letter. Every report that runs over the week deadline will not be considered. For every statement done, the customer will take full responsibilities of them.
3.5 – Home delivery, apart from pre-existing written agreements, will happen at ground floor and during business hours: from 8:30AM until 1PM and from 2PM until 6PM, every week, except on public holidays, from Monday through Friday.
3.6 – The customer is required to be available during the hours described at item 3.5, in order to avoid any surcharge caused by non-deliveries of the delivery company. Any surcharge will concern the customer itself.
3.7 – Roll Skater s.r.l. will not be responsible to any damages that might occur to the delivered goods by the transporter.
Art. 4: PRODUCT AVAILABILITY
– The customer can only purchase goods that are present and available in that moment in the Roll Skater s.r.l. electronic catalogue, shown online in address www.rollskater.com
. Whenever an online purchase will exceed the amount of a certain item availability, Roll Skater s.r.l. will accept and perform the purchase according to the availability in the virtual stock. Roll Skater s.r.l. Customer Service Department will take care of notifying the customer (via phone or e-mail) if the ordered goods will be available or not in the future.
Art. 5: RESPONSIBILITIES
5.1 – Roll Skater s.r.l. takes no responsibility in any disservice as a result of force majeure, including incidents, explosions, arson, strikes and/or lock-outs, earthquakes, floods and other similar events that might obstruct, fully or partly, the execution of the contract within the pre-established times.
5.2 – Roll Skater s.r.l. takes no responsibility against any party, or third party, regarding damages, losses and surcharges following the non-execution of the sale contract for the causes beforementioned, with the customer only having the right to return the paid price.
5.3 – Roll Skater s.r.l. takes no responsibility in any fraudulent and illegal use of credit cards, checks and other payment methods by third parties during the payment process of the purchased goods, since Roll Skater s.r.l., in any moment of the ongoing transaction, will be able to have knowledge of the customer’s credit card number, which, through a secure and protected connection, is transmitted directly to bank service operator.
Art.6: WARRANTIES AND ASSISTANCE METHODS PREMISE
The quality of our products ranks at the top of the respective categories and the storage andshipping methods that we employ were designed in such a way to guarantee preservation in time. Roll Skater s.r.l. purchases firsthand from our supplying factories, that attest the quality of their goods through international warranty and strict choice procedures and control standards.Every product of ours, made exception for the hockey stick that cannot be guaranteed, is covered by warranty for any kind of flaw or defect concerning the product itself, to be reported within 60 days of the finding. It will be our duty to replace the product at our expense, or refunding the customer for the paid amount, excluding shipping fees, pursuant to art. 1519 quarter and sexies of the Civil Code, after verification of the flawed product that takes place at our premises.
– Roll Skater s.r.l., lone supplier for the www.rollskater.com
website, markets products of the highest quality degree. The manufacturers of our products offer warranty which minimum length period depends on the purchased product. The warranty shall run from the day the good is purchased. Such service is provided firsthand by the product manufacturers.
Art. 7: CUSTOMER’S OBLIGATIONS
7.1 – The customer accepts and commits itself, once the online purchase procedure is concluded, to ensure the printing and preservation of the present general terms and conditions, that, in addition, shall already been read and accepted as it is a mandatory process in the purchasing procedure, as well as included in the details of the purchased goods, in order to completely satisfy the condition explained in art. 3 and 4, part of the legislative decree n. 185/1999.
7.2 – The hereby present general terms and conditions can be updated and modified in any moment by Roll Skater s.r.l., property of Rosanna Boscolo, that will communicate any of the aforementioned via the website. The consumer accepts and commits itself, whenever an update or variation to these terms and conditions occur, to ensure the printing and preservation of them.
7.3 – Insertion of false, and/or fictitious, and/or fictional information in the registration process, necessary in the activation of the process of the execution of the present contract and further related communications, is strictly prohibited. Biographical data and the customer’s e-mail address must be exclusively real, and of their own, data, not property of third parties or fictional characters.
7.4 – It is strictly prohibited to register more than one time using data matching one single person or the insertion of third persons. Roll Skater s.r.l. retains right of legally prosecute every infringement or abuse, on behalf and to protect all customers.
7.5 – The customer relieves Roll Skater s.r.l. of their responsibilities resulting from the issuing of erroneous tax documents due to errors related to the customer’s submitted data, being, the customer, the sole accountable for the correct data submission.
Art. 8: RIGHT OF CANCELLATION
8.1 – Pursuant to art. 5, part of the legislative decree n. 185, in date 22/05/1999, the customer has the right of cancellation, returning the purchased goods and receiving the reimbursement of the paid fee.
8.2 – The customer, that for any reason, considers itself not satisfied with the purchased goods, has the right to withdraw from the stipulated contract, with no penalties added and without indicating the reason why, within the limit of 10 working days, starting from the day the purchased goods are delivered. The assembled skates cannot be changed for any reason
8.3 – The fees that might arise in the returning process, including any potential customs cost and duties, shall be borne by the customer, which, directly or in another medium, will provide the delivery of the purchased goods to the vendor’s address. Every purchased good shall be returned in the same conditions of reception, including the original package and any instruction manual and/or booklet part of the original packaging and the original shipping package. Other goods returning methods are not allowed.
8.4 – To exercise the right of cancellation, the customer, within the limits previously delineated, shall send a two-way registered letter to the following address: Roll Skater s.r.l., via Bari 3, 36060, Romano d’Ezzelino (VI), Italy.Within the same period, the customer can send a telegram or a fax to the number (0039) 0424 33079, to which shall follow in the next 48 hours the aforementioned two-way registered letter, that shall confirm the intended withdrawal. We shall, then, provide the reimbursement of the fees paid by the customer in the shortest time possible, and in any case, within 30 days from the date of reception of the withdrawal request, withholding only the shipping fees, that will remain at the expense of the customer alone. The right of withdrawal is applicable only to goods that are intact at the time of the return and cannot be applied to products that, by their nature, cannot be returned or are at risk of rapid alteration or degradation.
8.5 – Roll Skater s.r.l. will accept returned goods by reserving itself the right to ascertain the fact that the products are returned in their original state and in the original package. Only in that case, we will proceed with the reimbursement of the fee paid by the customer for the returned goods.
8.6 – The shipping fees, incurred both for the delivery of the product to the customer and for the returning process, are not reimbursable.
Art. 9: AUTHORIZATIONS
9.1 – The customer authorizes Roll Skater s.r.l. for the utilization of their own credit card, or other issued card in substitution of the former, and the charging process on their bank account, in favor of Roll Skater s.r.l., of the total fee, highlighted as the effective total fee of the online purchase. The whole procedure is conducted via protected connection, linked directly to the banking institution, holder and handler of the online payment method, to which Roll Skater s.r.l. cannot access.
9.2 – If the customer intends to take advantage of its right of withdrawal, as aforementioned in art. 8 of these general terms and conditions, the amount of the reimburse fee will be accredited to the same credit card used in the purchase procedure.
Art. 10: CONTRACT TERMINATION AND EXPLICIT CANCELLATION CLAUSE
10.1 – Roll Skater s.r.l. is entitled to the termination of the stipulated contract, simply by notifying the customer, indicating the reason; in that case, the customer shall have the right exclusively to the return of the already paid fee.
10.2 – The obligations undertaken by the customer, as explained in art. 7, as well as the guarantee of the success of the payment method, as explained in art. 2, are of an essential nature, so that for the agreement, the customer’s non-compliance of only one of its expressed obligations, will result in the rightfully termination of the contract (ex art. 1456 c.c.), without the need of judicial ruling, made exception for the right of Roll Skater s.r.l., and to take legal action for the reimbursement of any taken damage.
Art. 11: INFORMATIVE PURSUANT TO LEGISLATIVE DECREE 196/2003 PURPOSE AND PROCEDURE OF THE PROCESSING OF PERSONAL DATA
The personal data, freely made available by the customer, will be processed in order to provide, following expressed consent, commercial information as well as sending information material regarding services, activities and initiatives of Roll Skater s.r.l.. The data processing will happen via paper and telematic forms, especially, via ordinary mail or e-mail, phone and fax.
11.1 – IMPLICATIONS OF NON-CONFERRAL OF PERSONAL DATA: the conferral of personal data is always optional, nevertheless, if the customer fails to provide the mandatory data, marked with an asterisk, the requested service will not be provided. The non-conferral of the remaining data, not marked as “mandatory”, will allow the service to be provided in any way.
11.2 – ENTITIES THAT ARE ELIGIBLE TO ACKNOWLEDGE YOUR DATA: your personal data, collected with the present registration process, can be processed by those who are in charge with the personal data processing procedures, responsible of handling the requested service and of the planned marketing activities, by the processing manager/managers.
11.3 – ENTITIES TO WHOM YOUR DATA MAY BE DISCLOSED TO: your personal data may always be disclosed to third parties to fulfil lawful obligations, i.e. to respect orders consigned from public authorities, meaning to exercise a right in a court of law. Furthermore, following your expressed consent, your personal data may be used for sending information material and for acknowledging you of activities and initiatives by Roll Skater s.r.l..
11.4 – OWNER AND MANAGER OF DATA PROCESSING: the owner of the processing data procedure is Roll Skater s.r.l., in address via Bari 3, 36060, Romano d’Ezzelino (VI), Italy, VAT number and fiscal code 00871850244.
11.5 – YOUR RIGHTS: pursuant to art. 7, part of legislative decree n. 196/2003, it is the customer’s right to access its data, and to obtain, without delay, update or cancellation in case of any unlawful data processing, and to oppose data processing with commercial purposes, as well as obtaining the complete list of whom is in charge with data processing, by writing to Roll Skater s.r.l., in address via Bari 3, 36060, Romano d’Ezzelino (VI), Italy.
11.6 – CONSENT, PURSUANT TO ART. 23, PART OF LEGISLATIVE DECREE N.196/03: by further continuing with the registration process, I give consent to ensure that my data will be processed by Roll Skater s.r.l., and the formers may be used for sending commercial information, as well as information material about services, activities and initiatives by Roll Skater s.r.l..
Art. 12: EMPOWERED JURISDICTION AND COURT
– Every dispute concerning the application, execution, interpretation and infringement of the online stipulated contracts, via the website www.rollskater.com
property of Roll Skater s.r.l., is subject to Italian jurisdiction. The here present terms and conditions are related, although it may not be expressly provided therein, in conjunction with legislative decree n. 50, in date 15/01/1992, and with legislative decree n. 185, in date 22/05/1999.
12.2 – For any dispute between the parts, related to the present contract, the empowered court will be the one belonging to the district in which the customer is resident. For every other customer (foreign or firms) it is agreed that any dispute will be sole competence of the court of Vicenza.