GENERAL CONDITIONS OF SALE
1. Online purchases: definitions and object of the contract
1.1 The supplier of the products is Bros Manifatture srl, hereinafter “the Company”, with registered office in Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy.
1.2 The term “Site” refers to the website www.rosato.it, reserved for the sale of Bros Manifatture Srl products.
1.3 An “online” sales contract means a distance contract, i.e. a legal transaction involving movable goods and/or services, stipulated between a supplier, “Bros Manifatture srl,” and a consumer, a customer, within the framework of a distance selling system organized by the supplier who, for such a contract, uses exclusively the remote communication technology known as “internet.”
1.4 All contracts, therefore, will be concluded directly through the consumer customer's access to the website corresponding to the address www.rosato.it where, by following the indicated procedures, the contract for the purchase of the goods will be concluded.
1.5 A consumer is defined as a natural person who purchases goods and services for purposes not directly related to their professional activity.
1.6 The term "Order" refers to the request form for the products for sale, completed by the Customer through the Site. The "Products" are the goods for sale on the Site, based on the general conditions of sale. The "Price" is the price for the sale of the products.
1.7 The “Parties” are “Bros Manifatture Srl” hereinafter “the Company” and the buyer hereinafter “the Buyer” or “the Customer”.
2. Applicable regulations
2.1 Purchases made on the website www.rosato.it are governed by these General Conditions of Sale, as well as by the conditions indicated from time to time on the aforementioned website on the date of conclusion of the contract (price list, type, technical characteristics), as well as by the provisions of Legislative Decree no. 206/2005 relating to consumer protection (articles 45 – 68 regarding distance contracts and articles 128-135 regarding the guarantee of conformity of goods), as well as finally by the provisions of Legislative Decree no. 70/2003 relating to electronic commerce.
2.2 These General Conditions of Sale must be considered an integral and substantial part of the contract: the Customer is therefore invited, before sending the order, to carefully read these General Conditions of Sale and the information described herein, printing them or saving them on another durable and accessible medium.
2.3 The sending of the order by the Customer constitutes acceptance of the General Conditions of Sale in force, understood as those published on the website www.rosato.it at the time the orders are sent by the Customer.
2.4 The items on the site can be purchased, while stocks last, only by those who are eighteen years of age or older.
3. Customer Obligations
3.1 Once the online purchase procedure has been completed, the Customer undertakes to print and keep these general conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased.
3.2 These terms and conditions may be updated or modified at any time by the Company, which will provide notice by posting a notice on the website. The consumer undertakes and undertakes to print and retain copies of these general terms and conditions whenever they are modified.
3.3 The buyer is prohibited from entering false, invented, or fictitious information in the registration process required to initiate the execution of this contract and any related communications. Personal details and email addresses must be their own and not those of third parties or fictitious.
3.4 It is expressly forbidden to make duplicate registrations corresponding to a single person or to enter third party data.
3.5 The Company's Management reserves the right to legally pursue any violation or abuse in the interest and for the protection of all consumers.
3.6 The Customer indemnifies the Company from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Customer, the Customer being solely responsible for their correct entry.
4. Prices
4.1 The prices indicated on the website www.rosato.it are expressed in euros, are inclusive of VAT and any other taxes and duties, and refer only to products sold online.
4.2 The price applied will be the one in force at the time of the order, regardless of any subsequent price increases or decreases (e.g. due to subsequent promotions).
4.3 The Company reserves the right to change product prices without notice: any new prices will be effective from the moment they are published on the website www.rosato.it and will be applied to sales made from that moment.
4.4 Shipping costs must be added to the price: these costs will be calculated based on the weight and quantity of the products and the destination of the order. In the case of deliveries abroad, the Customer will be responsible for any additional costs due to taxes or duties required by the legislation in force in the country of destination.
4.5 The total amount of the order (price + shipping costs) will be visible before proceeding to confirm the purchase.
4.6 The tax documentation will be issued by the Company upon delivery of the products: it will indicate in detail the products purchased and their prices.
5. Product features and availability
5.1 The characteristics of the products are those visible online at the time the order is sent.
5.2 The Company displays its products as truthfully and accurately as possible; however, the colors, as well as other aesthetic characteristics of the product displayed, may vary due to the user's monitor, as well as for other technical reasons not attributable to the Company. The Company, therefore, does not guarantee that the colors, as well as other technical and aesthetic characteristics displayed, will be reproduced on the screen in a manner that perfectly corresponds to reality.
5.3 The type of products published online and their availability (this information is not binding) may change at any time without this implying any liability on the part of the Company.
5.4 The "Bros Manifatture srl" IT system is designed to ensure immediate order fulfillment and avoid unnecessary customer delays. It displays the physical availability of the product in real time in its electronic catalog. If an order exceeds the quantity currently in stock, company management will notify the customer whether the product will be available in the future. If so, the system allows only the in-stock quantities to be checked out, purchased, and received within the specified timeframe.
6. Methods of entering into the contract and orders
6.1 The purchase contract is concluded exclusively online, through the exact completion of the order and the subsequent consent to the purchase expressed by the Customer according to the procedures indicated on the site.
6.2 The Customer undertakes and undertakes, once the online purchase procedure has been completed, to print and keep these General Conditions of Sale as well as the specifications of the purchased product provided on the site.
6.3 Upon receipt of the order, the Company will send the Customer, within 3 working days, an email confirming the order, which will summarise the order details: the Customer is invited to print the email and keep it.
6.4 The contract shall be deemed concluded when the Customer receives the order confirmation.
6.5 In the event that the customer does not receive any order confirmation within the deadline indicated above, the relevant order must be considered not accepted by the Company and therefore void.
6.6 Orders received will be archived in the online store's database, in accordance with the procedures and provisions of the Privacy Policy, and will be accessible upon request made to the Company at the following email address: shop@rosato.it.
7. Payment methods
7.1 Upon receipt of the order confirmation from the Company, the Customer may pay the price according to the following methods, indicating the order number in the reason for payment;
– Credit card: During the checkout process, select the appropriate card (Visa, Visa Electron, Maestro, MasterCard, Aura, and JCB) and enter the requested information. The amount will be charged at checkout.
– PayPal: for convenient online purchases, without having to enter your credit card or bank account details on the site. Your account will be charged upon completion of the order. If you're already registered with PayPal, log in with your account credentials. Otherwise, to register a new PayPal account, visit paypal.com.
– Scalapay: Upon confirming your purchase, you will be redirected to Scalapay, where you will need to log in or create an account to proceed with the payment of the first installment (equal to one-third of the total order value). The subsequent two installments will be charged to you over the next two months.
7.2 Since orders are only permitted to adults, the Company will not be held responsible for orders placed by minors without parental authorization.
7.3 The order is shipped upon actual receipt of payment and according to the times established in the shipping policies.
8. Payment security
8.1 The payment transaction takes place on a secure page, which uses SSL (Secure Socket Layer) certificates, a system that guarantees maximum security for online transactions, and the related monetary transactions take place through the Nexi payment gateway.
8.2 To protect the Customer's credit card purchases, they will be asked to enter the CVV code for each order. Thanks to this security system, the Customer's credit card information will be completely unreadable to third parties.
9. Shipping and Delivery
9.1 The Company is not obliged to ship the products until it has received full payment of the price.
9.2 The Company guarantees delivery within 3–5 working days for orders placed Monday to Friday before 3:30 PM. Working days are Monday to Friday.
9.3 For Basilicata, Campania, Calabria, Puglia and the islands, delivery may take an additional day.
9.4 Deliveries take place during office hours, Monday through Friday, excluding holidays. The courier will make three delivery attempts; after the third, the order will be held in storage.
9.5 All orders are processed automatically and we are unable to change shipping and delivery times.
9.6 BARTOLINI and SDA/POSTE ITALIANE are the Company's authorized couriers for shipments.
9.7 Shipping is free for orders over €69, for orders under this amount the shipping cost is €4.50
9.8 The Customer will be kept updated throughout the transaction. Upon placing the order, they will receive a summary order confirmation email. When the package leaves the warehouse, the Customer will receive an order tracking code and the web address where they can track the delivery status of their shipment online and find out the expected delivery date.
9.9 If the Customer's data indicated in the order is incomplete or otherwise inaccurate (making delivery impossible), it will be the Customer's responsibility to verify its completeness and accuracy by checking the order confirmation email and contacting the Company at shop@rosato.it.
9.10 The Company will not be responsible for any delays attributable to the courier's fault.
Upon receipt of the product, the Customer, or a person appointed by the Customer, is invited to check:
that the package is intact, not damaged, wet, or otherwise altered, including the seal. Any complaints must be reported to the courier and accounted for when signing for collection, using the words "Collected subject to inspection." Otherwise, the package will be considered delivered correctly.
that the products correspond to those indicated on the transport document and/or invoice, both in terms of quantity and type; any disputes must be reported to the courier and must be accounted for when signing for collection, by marking them with the wording "Received subject to inspection"; otherwise, the contents of the package will be considered free from defects and/or flaws.
10. Contractual Termination and Express Termination Clause
10.1 The Company reserves the right to terminate the contract by simply notifying the customer with adequate and justified reasons; in this case, the Customer will only be entitled to a refund of any sums already paid.
10.2 The obligations assumed by the customer pursuant to Article 3 (Customer Obligations), as well as the guarantee of successful payment made by the customer using the methods referred to in Article 7, are essential. Therefore, by express agreement, the failure by the customer to fulfill even one of these obligations will result in the automatic termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling, without prejudice to the Company's right to take legal action for compensation for further damages.
10.3 The Company reserves the right, following any logistical and/or technical and/or organizational difficulties, to cancel the order by notifying the Customer via email within 30 days from the day after the Customer placed the order. In this case, the Customer will not be entitled to any compensation for damages, without prejudice to the right to a refund of any amount already paid.
11. Right of withdrawal and complaints
11.1 Customer satisfaction is the foundation of everything the Company does. If, for any reason, you are not completely satisfied with your purchase, you can return your order within 30 days of delivery and receive a refund. The right of withdrawal is available to individuals acting for purposes not directly related to their professional activity. Therefore, retailers and businesses are excluded from this right.
11.2 Returned items must be in perfect condition with no signs of use, in their original packaging, and with the labels intact, within 14 days of receiving the notice of withdrawal.
11.3 To exercise the right of withdrawal, you must follow these simple steps:
– Go to www.rosato.it and log in with your login credentials.
– in the 'My Returns' section, select the order or enter the order ID for which you wish to request a return, indicate the products to be returned, and click on "request return";
– enter the mandatory information marked with * and indicate the reason for the return
– after receiving confirmation of return acceptance from Rosato, print the return document (RMA) and the shipping label;
– prepare the items to be returned and insert the RMA document in the original package, well sealed and protected;
– Print the shipping label to attach to the package and choose a shipping method, as indicated on the “Free Returns” page.
11.4 The return shipping is paid by the company.
11.5 Any complaints may be submitted via the contact form on the website or by email to Rosato Customer Service – Bros Manifatture srl, Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy
12. Refund
12.1 The refund of the amount spent depends on the payment method chosen during the purchase phase:
– payment via PayPal the refund will be made directly via PayPal;
– payment by credit card;
– payment via Scalapay.
12.2 Refunds cannot be made to cards other than those used for the purchase.
12.3 The Company will proceed with the refund relating to the cost of the goods shipped, within the legal terms (30 days), only after having received the goods and checked that all the requirements have been met.
13. Warranties and Responsibilities
13.1 The Company assumes no responsibility for disruptions attributable to force majeure and/or unforeseeable circumstances such as accidents, thefts and/or robberies of the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframe and manner.
13.2 The Company will not be liable to any party for damages, losses, and costs incurred as a result of failure to perform the contract for the reasons mentioned above, with the consumer only being entitled to a refund of the price paid.
13.3 Likewise, the Company is not responsible for any fraudulent or illicit use that may be made by third parties when paying for the purchased products.
13.4 The Company guarantees its products against any defects. Should the Customer nevertheless discover a defect in the purchased products, he or she must report it within two months of discovering the defect (Article 132 of Legislative Decree no. 206/2005 – Consumer Code).
13.5 More generally, the Customer is granted the consumer rights set forth in Article 130 of Legislative Decree 206/2005; these rights must be exercised within the terms set forth in Article 132 of the same Legislative Decree 206/2005.
14. Limitations of Liability
14.1 The Company assumes no responsibility if, due to unforeseeable circumstances or force majeure, it is unable to fulfill the order within the timeframes set forth in the previous Article 6.3 or if any other disruption occurs.
14.2 The Company shall not be held liable to the Customer, except in cases of willful misconduct or gross negligence, for any disruptions or malfunctions connected to the use of the Internet and beyond the Company's control and management.
14.3 Furthermore, the Company will not be liable for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to the Company itself, the Customer being entitled only to a full refund of the price paid.
14.4 The Company assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, cheques and other means of payment, when paying for the products purchased, if it demonstrates that it has adopted all possible precautions based on the best science and experience at the time.
15. Applicable Law – Competent Court
15.1 Contracts entered into with the Company are deemed to be concluded in Italy and are governed by Italian law. Any dispute relating to the application, execution, interpretation, and violation of purchase contracts entered into online via the website www.rosato.it is subject to Italian jurisdiction.
15.2 These general conditions refer, insofar as not expressly provided for therein, to the provisions of the Consumer Code.
15.3 For any dispute between the parties regarding this contract, the Court in the district in which the consumer has his residence or domicile will have jurisdiction if located within the territory of the Italian State;
15.4 In all other cases, the territorial jurisdiction is exclusively that of the court of Fermo, excluding any competing court.
16. Authorizations
16.1 By completing the customer data form during the purchase process, which is necessary to initiate the process for the execution of this contract and any related communications, the customer authorizes “Bros Manifatture srl” to communicate personal data (as defined in art. 7 GDPR 2016/679) to trusted couriers and/or shipping agents for the delivery of the purchased goods, in order to allow the procedures necessary for their delivery.
17. Privacy Policy
For the text of the Privacy Policy, please refer to the following link
18. Copyright
Trademarks, logos, and other distinctive signs on the site belong to their respective owners. The use of trademarks, logos, and other distinctive signs, including their reproduction on other websites by unauthorized third parties, is prohibited. The site's content (text, images, and graphics) is protected by copyright.
19. Agreement
19.1 This Agreement supersedes all previous agreements, arrangements, and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of this Agreement, including the order, the general terms and conditions relating to use of the Site, and the terms and conditions relating to the registration service. Any changes or modifications to this Agreement must be accepted in writing by both parties.
20. Communications
20.1 All communications between the parties must be in writing and sent to the other party's address indicated in the contract and in the order. Communications sent to the other party's email address indicated on the website and in the order are also considered to be in writing.
20.2 Communications relating to the validity or existence of this agreement must be exclusively delivered by hand or sent by registered letter with acknowledgement of receipt.
21. Invalidity and/or Ineffectiveness
21.1 The invalidity and/or ineffectiveness, even if supervening, of one of these conditions does not affect the validity or effectiveness of the others. If a condition is deemed or becomes invalid or ineffective, in whole or in part, for any reason: (a) it will be deemed severable from the context of these conditions of sale without affecting their validity; (b) if the context so permits, it will be deemed replaced (if applicable, only with respect to the country involved) by a different valid and effective agreement or provision whose content is as similar as possible to the provision that has become or is deemed invalid or ineffective.
SPECIFIC APPROVAL
Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the Parties declare that they have carefully examined and specifically approved the content of the following articles:
Art. 4.3 (the Company's right to vary product prices)
Art. 5.3 (the Company is not liable for changes in products and their availability)
Art. 3.1 and 3.6 (Customer obligation to print and keep the General Conditions of Sale as well as the specifications of the purchased product provided on the site following the online purchase procedure).
Art. 6.4 (time of conclusion of the contract)
Art. 6.5 (failure to conclude the contract in the event of failure to receive the order confirmation by the Customer)
Art. 7.4 (Company's right to cancel orders)
Art. 7.1 (Customer's obligation to pay the price before shipping the products)
Art. 9.1 (the Company's right not to proceed with the shipment of the products until it has received full payment of the price)
Art. 10.1 (the company's right to terminate the contract by simply notifying the customer with adequate and justified reasons)
Art. 10.2 (essential nature of the customer's obligations)
Art. 10.3. (the company's right to cancel the order)
Art. 9.10 (the Company is not liable in the event of delays attributable to the courier's fault).
Art. 9.10 first part (Customer's obligation to verify that at the time of delivery the package is intact, not damaged or wet or in any way altered, including in the closure and correct delivery in the event of no reservation)
Art. 9.10 second part (Customer's obligation to verify that at the time of delivery the products correspond to what is indicated in the transport document and/or invoice both in terms of number and type and immunity from defects/faults in the event of failure to make a reservation)
Art. 11.1 (right of withdrawal and deadline for exercising it)
Art. 11.3 (methods for exercising the right of withdrawal)
Art. 11.2 (Customer's obligation to return the product intact, in its original packaging, complete in all its parts, no later than 10 days from the date of sending the withdrawal notice)
Art. 12.2 and 12.3 (term for reimbursement of the sums paid by the Customer)
Art. 12.4 (product replacement not foreseen)
Art. 12.5 (Customer's obligation to bear the costs of returning the product)
Art. 14.1 (lack of liability of the Company if, due to unforeseeable circumstances or force majeure, the Company is unable to execute the order within the timeframes set out in art. 6 point 3 or any other disservice occurs)
Art. 14.2 (lack of liability of the Company for disruptions or malfunctions connected to the use of the Internet and outside the control and management of the Company itself)
Art. 13.2 (lack of liability of the Company for damages, losses and costs incurred by the Customer as a result of the failure to execute the contract for reasons not attributable to the Company itself)
Art. 14.4 (the Company's lack of liability for any fraudulent or illicit use by third parties of credit cards, checks, or other means of payment when paying for purchased products, provided it demonstrates that it has taken all possible precautions based on the best knowledge and experience available at the time).
Art. 15 (applicable law)
Art. 15.4 (mandatory jurisdiction in the case of a customer having his/her residence or domicile outside Italy)
Art. 21 (Invalidity and/or ineffectiveness of the clauses)