GENERAL TERMS AND CONDITIONS OF SALE

1. Online Purchases: Definitions and Subject Matter of the Contract

1.1 The product supplier is Bros Manifatture s.r.l., hereinafter referred to as "the Company", with registered office at Via G. Rossa, 1, 63833 Montegiorgio (FM) – Italy.
1.2 The term "Website" refers to the website www.rosato.it, reserved for the sale of Bros Manifatture S.r.l. products.
1.3 An "online" sales contract means a distance contract, i.e., a legal transaction concerning movable goods and/or services stipulated between a supplier, "Bros Manifatture s.r.l.", and a consumer, a customer, within a distance selling system organized by the supplier, which for such a contract exclusively uses distance communication technology – called "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 means a natural person who purchases goods and services for purposes not directly related to any professional activity carried out.
1.6 The term "Order" refers to the product request form for sale, completed by the Customer through the Website. The "Products" are the goods for sale on the Website, based on the general terms of sale. The "Price" is the consideration for the sale of the products.
1.7 The "Parties" are "Bros Manifatture S.r.l.", 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 regulated by these General Terms of Sale, as well as by the conditions indicated from time to time on the aforementioned website at the date of conclusion of the contract (price list, type, technical characteristics), and also by the provisions of Legislative Decree No. 206/2005 concerning consumer protection (articles 45 – 68 regarding distance contracts and articles 128-135 regarding the guarantee of conformity of goods), and finally by the provisions of Legislative Decree No. 70/2003 concerning e-commerce.
2.2 These General Terms of Sale must be considered an integral and substantial part of the contract: therefore, the Customer is invited, before submitting the order, to carefully read these General Terms of Sale and the information described herein, printing them or saving them on another durable and accessible medium.
2.3 The submission of the order by the Customer implies acceptance of the General Terms of Sale in force, understood as those published on the website www.rosato.it at the time the orders are submitted by the Customer.
2.4 The items on the website can be purchased, subject to stock availability, only by individuals who have reached the age of eighteen.

3. Customer Obligations

3.1 Upon completion of the online purchase procedure, the Customer undertakes to print and keep these general conditions, which they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the purchased product.
3.2 These conditions may be updated or modified at any time by the Company, which will notify such changes by publishing a notice on the website. The consumer undertakes and is obliged, whenever there is a modification of these general conditions, to print and keep them.
3.3 The buyer is prohibited from entering false, and/or invented, and/or fictitious data in the registration procedure necessary to activate the process for the execution of this contract and the related further communications; personal data and emails must be exclusively their real personal data and not those of third parties or fictitious ones.
3.4 Double registrations corresponding to a single person or entering third-party data are expressly prohibited.
3.5 The Company's Management reserves the right to legally pursue any violation and 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, as the Customer himself is solely responsible for the correct input.

4. Prices

4.1 The prices indicated on the website www.rosato.it, are expressed in euros, must be understood as inclusive of VAT as well as all other taxes and duties and refer only to products sold online.
4.2 The applied price will be that in force at the time of the order, regardless of any subsequent price increases or decreases (e.g., due to promotions occurring later).
4.3 The Company reserves the right to change product prices without prior notice: any new amounts 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 based on the destination of the order; in the case of international delivery, any additional costs due to taxes or duties provided for by the legislation in force in the destination country will be borne by the Customer.
4.5 The total amount of the order (price + shipping costs) will be visible before proceeding with the purchase confirmation.
4.6 The fiscal documentation will be issued by the Company at the time of delivery of the products: it will detail the products purchased and their respective prices.

5. Product Characteristics and Availability

5.1 The characteristics of the products are those visible online at the time the order is placed.
5.2 The Company displays products as truthfully and accurately as possible; however, 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, which 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 perfectly corresponding to reality.
5.3 The type of products published online and their availability (this indication is not to be considered binding) may vary at any time without this implying any liability on the part of the Company.
5.4 The "Bros Manifatture s.r.l." IT system is designed to guarantee immediate order fulfillment and avoid unnecessary waiting for the customer; it, in fact, indicates in real time, in its electronic catalog, the physical availability of the product. Should an order exceed the existing quantity in stock, the company's Management will inform the buyer whether the product will be available in the future; if so, the system allows only the existing quantities to be taken "to the checkout", purchased, and received within the specified times.

6. Contract Formation and Orders

6.1 The purchase contract is perfected exclusively online, through the exact compilation of the order and the consequent consent to purchase expressed by the Customer according to the procedures indicated on the website.
6.2 The Customer undertakes and obliges, once the online purchase procedure is completed, to print and keep these General Terms of Sale as well as the specifications of the product purchased provided on the website.
6.3 Upon receipt of the order, the Company will send the Customer, within the following 3 working days, an email confirming the order, summarizing the order details: the Customer is invited to print the email and keep it.
6.4 The contract is considered concluded when the Customer receives the order confirmation.
6.5 If the customer does not receive an order confirmation within the aforementioned period, the relative order is to be considered not accepted by the Company, and therefore without effect.
6.6 Received orders will be archived in the online "shop" database, according to the methods and in compliance with the 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 proceed with the payment of the price according to the following methods, indicating the order number in the payment description;
– Credit Card: during the purchase procedure, choose the appropriate card (Visa, Visa Electron, Maestro, MasterCard, Aura, and JCB) and enter the required data. The amount will be debited at the time of payment.
– PayPal: to purchase online conveniently, without needing to enter credit card details or bank account information on the website. The debit to the account occurs upon completion of the order. If you are already registered on PayPal, log in with your account credentials, otherwise, to register a new PayPal account, visit paypal.com.
– Scalapay: at the time of purchase confirmation, you will be redirected to Scalapay, where you will need to log in or create a profile to proceed with the payment of the first installment (equal to one-third of the total order value). The next 2 installments will be charged to you in the following two months.

7.2 Since orders are only allowed for 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, the CVV code will be requested for each order. Thanks to this security system, the Customer's credit card data will be completely unreadable to third parties.

9. Shipping and Delivery

9.1 The Company is not obligated to ship the products until full payment of the price has been received.
9.2 The Company guarantees delivery within 3 – 5 working days for orders placed from Monday to Friday before 3:30 PM. Working days are from Monday to Friday.
9.3 For Basilicata, Campania, Calabria, Puglia, and the islands, delivery may take an additional day.
9.4 Deliveries are made during office hours from Monday to Friday, excluding holidays. The courier will make 3 delivery attempts; after the third, the order will be held in storage.
9.5 All orders are processed automatically, and we are unable to modify shipping and delivery times.
9.6 BARTOLINI AND SDA/POSTE ITALIANE are the authorized couriers for the Company's shipments.
9.7 Shipping is free for purchase 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 a tracking code for the order and the web address where they can track the delivery status of their shipment online and know the estimated delivery date.
9.9 If the Customer's details indicated in the order are incomplete or otherwise incorrect (making delivery impossible), it will be the Customer's responsibility to verify their completeness and accuracy through the order confirmation received via email and to contact the Company at this address 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 an authorized representative, is invited to check:

• that the package is intact, not damaged or wet, or otherwise altered, including its closure: any complaints must be reported to the courier, and these must be noted when signing for receipt using the phrase "Received with reservation for inspection"; otherwise, the package will be considered correctly delivered;
• that the products correspond to what is indicated in the transport document and/or invoice, both in terms of number and type; any complaints must be reported to the courier, and these must be noted when signing for receipt using the phrase "Received with reservation for inspection"; otherwise, the contents of the package will be considered free of defects and/or flaws.

10. Contract Termination and Express Termination Clause

10.1 The Company has the right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons; in such a case, the Customer will only be entitled to the return of any sum already paid.
10.2 The obligations assumed by the customer under Article 3 (Customer Obligations), as well as the guarantee of successful payment made by the customer through the means referred to in Article 7, are essential, so that by express agreement, the failure of the Customer to fulfill even one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial declaration, without prejudice to the Company's right to take legal action 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 following the day on which the Customer placed the order: in such a case, the Customer will not be entitled to any compensation for damages, without prejudice to the right to the return of any amount already paid.

11. Right of Withdrawal and Complaints

11.1 For the Company, customer satisfaction is the foundation of everything. If, for any reason, you are not fully satisfied with your purchase, you may return the order within 30 days from the delivery date and receive a refund for the returned products. The right of withdrawal is reserved exclusively for natural persons acting for purposes not directly related to any professional activity they may carry out. Therefore, resellers and companies are excluded from this right.
11.2 Returned items must be in perfect condition, showing no signs of use, in their original packaging, and ensuring that labels have not been removed, within 14 days from the date the notice of withdrawal was sent.
11.3 The Customer has the right to withdraw from the contract, without specifying the reason, within 30 (thirty) days from the date on which the Customer (or their designated representative for receiving the Products) takes physical possession of the Products or, in the case of split deliveries, from the day on which the Customer takes physical possession of the last Product.
Within the period specified in the preceding Article 11.3, the Customer may initiate the return process through the following methods:
-by clicking here; or
-by selecting "Return item" from the Customer account; or
-by contacting customer support.
Within 14 (fourteen) days from the notice of withdrawal (transmitted in accordance with the preceding Article 11.3), the Customer must return the purchased Products to Bros Manifatture S.r.l. by dropping them off at the nearest post office. The Customer must use the shipping method specified in the online return procedure or in the instructions received via email. Unless otherwise indicated on the Website, the costs for returning the Products to Bros Manifatture S.r.l. shall be borne by the company. Products must be returned intact, unused, undamaged, and with the labels still attached. The Customer is solely liable for any diminished value of the Product resulting from handling the Product other than what is necessary to establish its nature, characteristics, and functioning.
Package Preparation:
Once the online procedure is completed, the Customer will receive a confirmation email with detailed instructions and the shipping label.
The Customer must:
- print the return email and the shipping label received;
- place the products in the package, preferably using the original packaging, including the printout of the email inside;
- carefully seal the package and apply the shipping label to the outside in a clearly visible position;
- deliver the package to the nearest post office.

Bros Manifatture S.r.l. will provide a full refund of the amounts paid by the Customer, including any reasonable delivery costs, within 14 (fourteen) days from the date it receives the returned Products or from the moment the Customer provides proof of having sent the Products back, whichever occurs first. This refund will be issued using the same payment method used by the Customer for the initial transaction.
Products purchased on the Website may be returned, within the period specified in Article 11.3, according to the procedures indicated in the return process. The refund will be processed according to the procedure set out in Article 11.3.
11.4 Any complaints may be submitted via the appropriate contact form on the website or by email addressed to Rosato Customer Service – Bros Manifatture s.r.l., 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 reversal will occur directly through PayPal;
– payment with Credit Card;
– payment via Scalapay.
12.2 The refund cannot be made to cards other than those used for the purchase.
12.3 The Company will proceed with the refund related to the cost of the shipped goods, within legal terms (30 days), only after receiving the goods and verifying that all requirements have been met.

13. Warranties and Liabilities

13.1 The Company assumes no liability for disruptions attributable to force majeure and/or unforeseen circumstances such as accidents, theft and/or robbery of the courier responsible for delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods, and other similar events that entirely or partially prevent the execution of the contract within the agreed times and methods.
13.2 The Company will not be liable to any party for damages, losses, and costs incurred due to the non-execution of the contract for the aforementioned causes, the consumer being entitled only to the return of the price paid.
13.3 Similarly, the Company is not responsible for any fraudulent and unlawful use that may be made by third parties during the payment of purchased products.
13.4 The Company guarantees the products against any defects. Should the Customer nonetheless find a defect in the purchased products, they must report it within two months from the date the defect was discovered (Article 132 of Legislative Decree no. 206/2005 – Consumer Code).
13.5 More generally, the Customer is granted the consumer rights referred to in Article 130 of Legislative Decree 206/2005; these rights must be exercised within the terms referred to in Article 132 of the same Legislative Decree 206/2005.

14. Limitation of Liability

14.1 The Company assumes no responsibility if, due to unforeseen circumstances or force majeure, it is unable to execute the order within the timeframes provided by the preceding article 6.3 or if any further disruption occurs.
14.2 The Company cannot be held liable to the Customer, except in cases of willful misconduct or gross negligence, for disruptions or malfunctions related to the use of the internet and beyond the control and management power of the Company itself.
14.3 The Company will also not be responsible for damages, losses, and costs incurred by the Customer due to the non-execution of the contract for reasons not attributable to the Company itself, the Customer being entitled only to the full refund of the price paid.
14.4 The Company assumes no responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, checks, and other payment methods, at the time of payment for purchased products, provided that it demonstrates to have adopted all possible precautions based on the best knowledge and experience of the moment.

15. Applicable Law – Competent Court

15.1 Contracts stipulated with the Company are understood to be concluded in Italy and are governed by Italian law. Any dispute relating to the application, execution, interpretation, and violation of purchase contracts stipulated "online" through the website www.rosato.it is subject to Italian jurisdiction.
15.2 These general conditions refer, for anything not expressly provided herein, to the provisions of the Consumer Code.
15.3 For any dispute between the parties regarding this contract, the Court in whose district the consumer has their residence or domicile, if located in the territory of the Italian State, will be competent;
15.4 In all other cases, territorial competence is exclusively that of the Court of Fermo, excluding any concurrent forum.

16. Authorizations

16.1 By filling out the personal data form in the purchase procedure, necessary to activate the process for the execution of this contract and the related further communications for the Customer, the Customer authorizes "Bros Manifatture s.r.l." to communicate personal data (as defined by Article 7 GDPR 2016/679) to trusted couriers and/or forwarders for the delivery of 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 present on the website belong to their respective owners. The use of trademarks, logos and other distinctive signs, including reproduction on other websites by unauthorized third parties, is prohibited. The contents of the site are protected by copyright (texts, images and graphics).

19. Agreement

19.1 The contract supersedes all previous contracts, agreements and understandings between the parties and constitutes the entire agreement between the parties regarding the subject matter of the contract, together with the order, the general conditions relating to the use of the site and the conditions relating to the registration service. Any variation or modification of the contract must be accepted in writing by both parties.

20. Communications

20.1 All communications between the parties must be made in writing and sent to the address of the other party indicated in the contract and in the order. Communications sent to the other party's email address, indicated on the site and in the order, are also considered to be sent in writing.
20.2 Communications relating to the validity or existence of this agreement must be exclusively hand-delivered or sent by registered letter with acknowledgment 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. Any condition that should be deemed or become invalid or ineffective, in whole or in part, for any reason: (a) will be considered severable from the context of these terms of sale without prejudice to their validity; (b) if possible from the context, it will be considered replaced (if applicable, only with regard to the country involved) by a different valid and effective agreement or provision whose content is as similar as possible to that which has become or is deemed invalid or ineffective).

SPECIFIC APPROVAL

Pursuant to and for the effects of articles 1341 and 1342 of the Italian Civil Code, the Parties declare to have carefully examined and specifically approved the content of the following articles:

Art. 4.3 (Company's right to vary product prices)
Art. 5.3 (absence of liability on the part of the Company for variations in products and their availability)
Arts. 3.1 and 3.6 (Customer's obligation to print and keep the General Terms and Conditions of Sale as well as the specifications of the purchased product provided on the website at the end of the online purchase procedure).
Art. 6.4 (time of conclusion of the contract)
Art. 6.5 (non-conclusion of the contract in the event of non-receipt of 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 shipment of the products)
Art. 9.1 (Company's right not to proceed with the shipment of products until full payment of the price has been received)
Art. 10.1 (Company's right to terminate the stipulated contract by simply notifying the customer with adequate and justified reasons)
Art. 10.2 (essential nature of the customer's obligations)
Art. 10.3 (Company's right to cancel the order)
Art. 9.10 (absence of liability on the part of the Company in the event of delays attributable to the courier's fault).
Art. 9.10 first part (Customer's obligation to verify at the time of delivery that the package is intact, not damaged or wet or otherwise altered, including its closure, and correct delivery in case of no reservation)
Art. 9.10 second part (Customer's obligation to verify at the time of delivery that the products correspond to what is indicated in the transport document and/or invoice both in number and type, and are free from defects/flaws in case of no reservation)
Art. 11.1 (right of withdrawal and exercise period)
Art. 11.3 (method of 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, within and no later than 10 days from the date of sending the withdrawal communication)
Arts. 12.2 and 12.3 (reimbursement period for sums paid by the Customer)
Art. 12.4 (product replacement not provided for)
Art. 12.5 (Customer's obligation to bear the costs of returning the product)
Art. 14.1 (Company's lack of responsibility if, due to unforeseeable circumstances or force majeure, the Company is unable to execute the order within the times provided by article 6 point 3 or if any further disruption occurs)
Art. 14.2 (Company's lack of responsibility for disruptions or malfunctions connected to the use of the internet and outside the Company's control and management power)
Art. 13.2 (Company's lack of responsibility for damages, losses and costs incurred by the Customer as a result of the non-execution of the contract for causes not attributable to the Company)
Art. 14.4 (Company's lack of responsibility for any fraudulent and unlawful use that may be made by third parties of credit cards, checks and other payment methods, at the time of payment for purchased products, provided that it demonstrates to have adopted all possible precautions based on the best knowledge and experience of the moment).
Art. 15 (applicable law)
Art. 15.4 (mandatory forum in the case of a customer having their residence or domicile outside Italy)
Art. 21 (Invalidity and/or ineffectiveness of clauses)