Terms of service
GENERAL SALES CONDITIONS
Effective from 3st May 2021
These General Conditions of Sale govern the offer and sale of products through the website www.royalrow.it (hereinafter also referred to as the “Site”).
All products marketed on the Site (hereinafter also referred to as “Products”) are offered and sold by Port’O Srl, with registered office in Civitanova Marche (MC) via E. Ferrari 65, VAT number 01858670431 REA MC 187702 PEC email@example.com
Port’O Srl is available to provide, even by telephone, to Customers as defined below, any clarification regarding the content of these General Conditions of Online Sale.
- Scope of application and navigation on the site
- Purchases on the site
- Registration on the site
- Information aimed at concluding the contract
- Availability of products
- Information on products
- Purchase orders
- Payment methods
- Delivery of Products
- Right of withdrawal
- Legal Guarantee of Conformity
- Applicable law; Out-of-court settlement of disputes
- Customer Service and Complaints
1.Scope of application and navigation on the site
1.1 The offer and sale on this website (“Site”) of Royal Row branded products (“Products”) constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) of the Legislative Decree 6th September 2005, no. 206 (“Consumer Code”) and by Legislative Decree 9th April 2003, no. 70, containing the regulation of electronic commerce.
1.2 These General Sales Conditions apply to all sales made by Port’O Srl on the Site.
1.3 The General Sales Conditions may be modified at any time by Port’O Srl. Any changes and / or new conditions will be effective from the moment of their publication on the Site, in the “Terms of service” section.
1.4 The applicable General Sales Conditions are those in force on the date in which the purchase order is sent.
1.5 These General Sales Conditions only concern the Products present on the Site, as described in the relevant information sheets and do not regulate the sale of products by subjects other than Port’O Srl which may be present on the Site through links, banners or other hyperlinks. Port’O Srl is not responsible for the presence of such links and/or links for the sale of products or services by such subjects.
Port’O Srl does not carry out any checks on the websites that can be consulted through these links. Port’O Srl is therefore not responsible for the contents of these sites or for any errors and / or omissions and / or violations of the law by them.
In any case, it is understood that the images accompanying the description of a Product are for informational purposes only and may not be perfectly representative of its characteristics but differ, for example, by color and size (also due to the browser and monitor used for accessing the Site and viewing the images).
- Purchases on the Site
2.1 The purchase of the Products on the Site is allowed only to subjects who have reached the age of 18 and are consumers, meaning natural persons who, in relation to the purchase of the Products, act for purposes unrelated to business activity, commercial, professional or artisan possibly carried out.
2.2 The user is allowed to purchase multiple Products with the same order (“Multiple Order”). Port’O Srl reserves the right not to accept a Multiple Order if it concerns more than 3 (three) pieces of the same item in the same Order.
2.3 In the event of violation of these prohibitions or in the case of orders, coming from anyone, which are anomalous in relation to the quantity of products purchased or the frequency of purchases made, Port’O Srl reserves the right to take all necessary actions to cease irregularities, including non-acceptance or cancellation of irregular orders.
- Registration on the Site
3.1 The purchase of Products on the Site can take place after registration on the Site or in “guest” mode.
3.2 Registration on the Site is free. To register on the Site, the user must fill in the appropriate form, entering name, surname, title, an e-mail address and a password and clicking on “Register”. Successful registration on the Site will be confirmed to the user via e-mail.
3.3 Registration on the Site, by opening a personal account called “Account”, allows the user to:
– save their addresses; save your payment details, so that they can be reused for the payment of subsequent purchases;
– access all information relating to orders and returns;
– follow the status of the order;
– manage their personal data and update them any time.
3.4 The registration credentials (e-mail address and password) allow the user to make purchases on the Site.
In any case, the registration credentials must be stored with extreme care and attention, they can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third parties have access to them. He/she also undertakes to immediately inform Port’O Srl in the event that he/she suspects or becomes aware of an improper use or undue disclosure of the same.
3.5 The user guarantees that the personal information provided during the registration procedure on the Site and / or at any other time of his/her relationship with Port’O Srl is complete and truthful and undertakes to keep Port’O Srl harmless and indemnified from any damage, compensation obligation and / or sanction deriving from and / or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.
3.6 Registering on the Site and / or purchasing through the Site constitute acceptance of these General Conditions of Sale.
- Information aimed at the conclusion of the contract
4.1 In accordance with the Legislative Decree 9th April 2003, no. 70 containing provisions on electronic commerce, Port’O Srl informs the user that:
– to conclude the purchase contract for one or more Products on the Site, the user must fill in an order form in electronic format and send it to Port’O Srl, electronically, following the instructions that will appear on the Site from time to time ; the contract will be considered concluded once the payment of the price by Port’O Srl has been received;
– once the order form has been registered and the confirmation of the validity of the payment method used has been received, Port’O Srl will send the user, to the e-mail address indicated, the order confirmation containing: a reference to the General Conditions of Sale as well as the particular conditions applicable to the contract, information relating to the essential characteristics of the Product purchased, detailed indication of the price, the means of payment used, delivery costs and any additional costs as well as information on the right of withdrawal upon its exclusion, the order form will be filed in the Port’O Srl database for the time necessary for its execution and, in any case, within the terms of the law. To access their order form, the registered user can consult the “My Account” section of the Site.
4.2 The languages available to users for the conclusion of the contract are Italian and English.
- Availability of Products
5.1 The availability of the Products is continuously monitored and updated. However, since the Site can be visited by multiple users at the same time, it could happen that multiple users purchase the same Product at the same time. In such cases, therefore, the Product could be, for a short period of time, available, while it is instead out of stock or not immediately available, since it is necessary to wait for restocking.
5.2 If the Product referred to in the order form sent is not available for the reasons indicated above or in other cases of unavailability of the Product, without prejudice to the other rights attributed to the user by law, Port’O Srl will immediately notify the user by email. If the payment has already been received and therefore the contract concluded, the user will then be entitled to terminate the contract, pursuant to and for the purposes of the provisions of art. 61, IV and V paragraphs, of the Consumer Code.
Alternatively, and without prejudice to this right, the user may accept one of the following proposals from Port’O Srl: if a restocking of the Product is possible, a delay in the delivery terms, with indication by Port’O Srl of the new deadline delivery of the restocked Product; if a restocking of the Product is not possible: the supply of a different product, of equivalent or greater value, upon payment, in the latter case, of the difference, and upon express acceptance by the user. The user’s choice must be promptly communicated to Port’O Srl, by e-mail, at the address indicated in art. 14 below.
5.3 In the event that the user makes use of the right of termination pursuant to art. 61, IV and V paragraphs of the Consumer Code, and the payment of the total amount due – consisting of the price of the Product, the delivery costs, if applied, and any other additional cost, as resulting from the order (” Total Amount Due “) – has already occurred, Port’O Srl will refund the Total Amount Due without delay and, in any case, within 15 working days from the exercise of the right of termination by the user . The refund amount will be communicated to the user via e-mail and credited to the same payment method used by the user for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment solution used.
5.4 The previous articles 5.2 and 5.3 will also be applied in the case of a Multiple Order if (i) all the Products covered by the Multiple Order are unavailable or (ii) only some, it being understood that in the latter case they will apply exclusively in relation to the Products not available.
- Product Information
Each Product is accompanied by an information sheet that illustrates its main characteristics (“Product Sheet”). The images and descriptions on the Site reproduce the characteristics of the Products as closely as possible. The colors of the Products, however, may differ from the real ones due to the settings of the computer systems or computers used by users for their display. Furthermore, the images of the Product on the Product Sheet may differ in size or in relation to any accessory products. These images must therefore be intended as indicative and with the tolerances of use. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the user will prevail.
7.1 All the prices of the Products published on the Site are expressed in Euros and are inclusive of the Value Added Tax – VAT.
7.2 Port’O Srl reserves the right to change the price of the Products, at any time, without notice, it being understood that the price charged to the user will be that indicated on the Site at the time the order is placed and that it will not be taken into account of any changes (increase or decrease) subsequent to the transmission of the same.
7.3 In the event that a Product is offered on the Site at a discounted price, the full reference price against which the discount is calculated will be indicated in the Product Sheet.
- Purchase Orders
8.1 The Products will remain the property of Port’O Srl until the user has paid the Total Amount Due. In the event that the Total Amount Due is not paid or the successful outcome of the payment is not confirmed, the purchase contract will be deemed not concluded.
8.2 Port’O Srl will ship the Products only after receiving confirmation of the successful payment of the Total Amount Due from the user. The risk of loss or damage to the Products for reasons not attributable to Port’O Srl, on the other hand, will be transferred to the user when the latter, or a third party designated by him/her and different from the carrier, materially comes into possession of the Products.
8.3 In the event that, following the purchase of a Product and its receipt by the user, the latter wishes to replace it – without prejudice to the rights the user may enjoy under the law, and, in particular, pursuant to art. 11 and 12 of these Conditions – replacement will be possible only within 14 days from the date on which the purchased Product was delivered to the user, and provided that: (i) the returned Product is intact, as well as complete with labels , leaflets and inserted in its original packaging, together with a copy of the transport document and the exchange form referred to in the following paragraph, completed in its entirety, and (ii) the Product requested by the user in replacement of the purchased is available at Port’O Srl.
To make the replacement referred to in the preceding paragraph, the user must follow the procedure described in the document containing the exchange form and the relative replacement instructions.
In the event that Port’O Srl has verified that the replacement procedure referred to in this art. 8.3 has been correctly followed by the user, it will: (i) without delay, and in any case within 14 working days from the moment it receives the package containing the returned Product, re-credit the User the Total Amount Due paid n relation to the returned Product. The re-credit will be made with the same payment method used for the initial purchase and the user will be sent an e-mail confirming the refund; (ii) when the Product requested as a replacement is sent by Port’O Srl to the user, to charge the latter the price of such Product (regardless of whether it is equal to, lower or higher than that of the Product initially purchased) on the same payment method used for the initial purchase. At the time of shipment, an e-mail confirming the shipment will also be sent to the user; (iii) once the package containing the Product that the user wants to replace has been received, to deliver to the user the Product chosen as a replacement, within the delivery terms and with the effective date indicated in the instructions referred to in art. 8.3, second paragraph, above. In case of replacement, one may proceed with the payment in favor of the user or Port’O Srl, as the case may be, only of the price difference between the returned Product and the one sent in replacement.
- Methods of payment
9.1 The payment methods made available by Port’O Srl for the purchase of products on the Site are:
9.1.1 Credit Card (Visa, MasterCard, American Express) and Paypal.
The confidential data of the credit card (card number, start date, expiration date, security code) or of the PayPal account (email address and password) are encrypted and transmitted directly to the payment manager without passing through the Port’O Srl servers, therefore the company never has access nor does it store such data, except for and limited to the data relating to the holder of the card or of the PayPal account.
- Delivery of Products
10.1 The purchased products will be delivered to the address indicated by the Customer in the Order within the terms from time to time indicated by the acceptance of the Order by Port’O Srl, at the cost specifically indicated on the Site before sending the Order. Port’O Srl reserves the right to accept or not deliveries requested outside the borders of the country. In any case, for deliveries to be made outside the Italian borders, delivery times may vary.
10.2 With regard to deliveries required in countries outside the European Union, any import customs fees will be charged to the recipient. The user is therefore invited to contact the customs authorities of their country in advance to check the costs and any import limits.
10.3 The delivery times indicated by Port’O Srl must be considered as purely indicative and a delay with respect to them, or any delivery made with subsequent split shipments does not legitimize the user to refuse the delivery itself and to request compensation or compensation.
10.4 Upon delivery of the Products, the user is required to check:
that the number of packages delivered corresponds to what is indicated in the transport document.
that the packaging is intact, not damaged, wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
NOTES: Any damage to the packaging and / or the product or the mismatch in the number of packages or indications must be immediately detected, by putting a specific indication on the product delivery document to be returned to the courier.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, in accordance with the procedures set out in this document.
10.5 In the event that the purchased Product is not delivered or is delivered late with respect to the delivery terms indicated in the Product Sheet and in the order confirmation, the user, pursuant to art. 61 of the Consumer Code, invites Port’O Srl to make the delivery within an additional deadline appropriate to the circumstances (“Additional Deadline pursuant to art. 61, co. III, Consumer Code”). If this additional term expires without the Products having been delivered to him, the user is entitled to terminate the contract (“Termination of the Contract pursuant to art. 61, co. III, Consumer Code”), without prejudice to the right to compensation for damage .
- Right of withdrawal
11.1 The user who acts as consumer has the right to withdraw from the purchase contract for the Product, without having to provide any reasons and without having to incur costs other than those provided for in art. 11.7 below, within the term of fourteen calendar days. The withdrawal period (“Withdrawal Period”) expires after 14 days:
- a) in the case of an order relating to a single Product, from the day on which the user or a third party, other than the carrier and designated by the user, acquires physical possession of the Products; or b) in the case of Multiple Orders with separate deliveries, from the day on which the user or a third party other than the carrier and designated by the user acquires physical possession of the last Product.
11.2 To exercise the right of withdrawal, the user must inform Port’O Srl, before the expiry of the Withdrawal Period, of his decision to withdraw.
11.3 To this end, the user may send, by email, any explicit declaration of his decision to withdraw from the contract, indicating the order number, the Product (s) for which he/she intends to exercise the right of withdrawal and his/her address (“Declaration of Withdrawal”). It is in the user’s interest to make use of a durable medium since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the user.
11.4 Following the exercise of the right of withdrawal, the user must return the Products to Port’O Srl, without undue delay and in any case no later than the term of 14 calendar days from the date on which he/she communicated to Port’O Srl his/her decision to withdraw; the Product is considered returned when it is delivered, within the aforementioned term, to Port’O Srl. For the return, the user must follow the procedure indicated in art. 11.5 below, as well as in the instructions made available to the user both on the Site, before the conclusion of the contract, and in the attachment to the order confirmation e-mail (“Standard Instructions on Withdrawal”).
11.5 Within the Return Deadline, the user who returns the Product must return it, properly protected and packaged and under his/her own responsibility, using a carrier of his/her choice and at his/her own expense, including any customs costs (“Return through Own Carrier “) by sending it to the following address:
Port’O Srl – Via Enzo Ferrari 65 – 62012 Civitanova Marche (MC) – To the kind attention of: E-commerce Dept.
12 Legal Guarantee of Conformity
12.1 All the products sold on the Site are covered by the Legal Guarantee of Conformity provided for by art. 128-135 of the Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee”).
12.2 The Legal Guarantee is reserved for consumers. Therefore, it applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity.
12.3 In order to take advantage of the Legal Guarantee, the user must therefore first provide proof of the date of purchase and delivery of the goods. It is advisable for the user, for the purposes of this proof, to keep the purchase invoice, which Port’O Srl sends him/her, as well as the DDT or any other document that can certify the date of the purchase (for example a credit card or bank statement) and the delivery date.
- Applicable law; Out-of-court settlement of disputes
13.1 The purchase contract concluded on the Site is governed by Italian law.
13.2 For users who do not have their habitual residence in Italy, it is without prejudice the application of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, at the deadline for the return of the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
13.3 For any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has elected domicile if a consumer is competent. Otherwise, the Court of Macerata, Italy is exclusively competent.
- Customer Service and Complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Customer Service of Port’O Srl (“Customer Service”) in the following ways:
by e-mail, at firstname.lastname@example.org ; by post, by writing to Port’O Srl, via Enzo Ferrari 65, 62012 Civitanova Marche (MC). Port’O Srl will respond to complaints presented within 7 working days of receipt of the same.