Terms and Conditions

1. Subject

1.1. These general terms of sale (hereinafter also referred to as the “Terms”) apply to the purchase of “RRD” branded products (hereinafter “Products” or individually “Product”) made through the e-commerce site (hereinafter the “Site”) by users qualifying as “Consumers” pursuant to the following article 1.2. The Site, owned by E-Pluribus Srl, with registered office in Grosseto, via Topazio 7/C, tax code, VAT number and registration number in the Grosseto Business Register 01713420535 (hereinafter “Owner”), is managed by E-Pluribus Srl, with registered office in Grosseto, via Topazio 7/C, tax code, VAT number and registration number in the Grosseto Business Register 01713420535 (hereinafter “Owner”).

1.2. E-Pluribus Srl is responsible for the sale of Products through the Site. Purchases of Products made through the Site will involve E-Pluribus Srl as the seller (hereinafter the “Seller”), and the person who purchases one or more Products for purposes not related to their entrepreneurial, commercial, craft or professional activity, as the buyer (hereinafter the “Consumer”), (Seller and Consumer will hereinafter be collectively referred to as the “Parties”).

1.3. The Owner holds the rights to the domain name of the Site, the logos and trademarks related to the Products presented on the Site, as well as the copyright on the content of the Site.

1.4. Any communication from the Consumer connected and/or related to the purchase of Products – including any reports, complaints, requests concerning the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the contacts and according to the methods indicated on the Site and to the email address ecommerce@robertoriccidesigns.com.

1.5. Each purchase is governed by the general terms and conditions of sale in the version published on the Site at the time the order is transmitted by the Consumer.

1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Those who are not Consumers are invited not to place purchase orders. If one or more sales are made to a person not qualifying as a Consumer, these Conditions will apply but, notwithstanding the provisions therein:
a) the buyer will not be granted the right of withdrawal referred to in article 10;
b) the buyer will not be able to benefit from the warranty on Products indicated in article 8;
c) the buyer will not be granted any other protections provided here in favor of the Consumer, which reflect or conform to mandatory legal provisions;
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, excluding the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. At the same time as the transmission of the purchase order, the Consumer accepts that the confirmation of the information relating to the order placed and these Conditions will be sent to them via email to the address declared during registration on the Site or during the purchase process.

1.8. To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.

1.9. The Consumer is solely responsible for any Internet connection costs to the Site, including telephone charges, according to the rates applied by the operator selected by the Consumer.

2. Characteristics of the Products and their availability in different geographical areas

2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is sent by the Consumer, excluding any other condition or term.

2.2. The Seller reserves the right to modify these Conditions at any time, at its discretion, without the need to provide any notice to the users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded from that date.

2.3. Prices, Products for sale on the Site, and/or their characteristics may be subject to change without notice. Such changes apply only to orders not yet confirmed at the date of the change. In any case, before sending the purchase order pursuant to the following point 3, the Consumer is invited to verify the final sale price.

2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery in one of the countries indicated on the Site.

3. How to purchase Products – Completion of each individual purchase contract

3.1. The presentation of Products on the Site, not binding for the Seller, represents a mere invitation to the Consumer to make a contractual purchase proposal and not a public offer.

3.2. The purchase order sent by the Consumer to the Seller via the Site constitutes a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal, to print a copy using the print command and to store or reproduce a copy for personal use. Furthermore, the Consumer will be asked to identify and correct any data entry errors.

3.3. The Consumer’s purchase order is accepted by the Seller by sending the Consumer, to the email address declared to the Seller at the time of registration on the Site or when the order is transmitted if the Consumer is not registered on the Site, an order confirmation email, which will include the link to the text of these Conditions, the summary of the order placed, including the detailed indication of the price, shipping costs and applicable taxes, and the description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation, and the Conditions applicable to the relationship between the Parties will be electronically stored by the Seller in its computer systems and the Consumer may request a copy by sending an email to the Seller at the address ecommerce@robertoriccidesigns.com.

3.4. Each purchase contract for Products is considered concluded when the Consumer receives the order confirmation from the Seller via email.

4. Procedure for selecting and purchasing Products

4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of Products is complete, to purchase the Products placed in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) log in, if the Consumer is already registered or (iii) provide their data to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (for example but not limited to: name, surname, etc.), as well as the address where the selected Products are to be delivered, the billing address and, optionally, a telephone number where they can be contacted for any communications related to the purchase made. The Consumer will view a summary of the order to be executed, which they can modify: then, the Consumer, after careful reading, must expressly approve these Conditions, through the appropriate check-box on the Site and finally, through the “Place order” button, the Consumer will be asked to confirm their order, which will thus be definitively sent to the Seller and will produce the effects described in the previous par. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and payment method, among those available. If the Consumer decides on the immediate payment method (simultaneous with the purchase) by credit card, PayPal, or immediate bank transfer, they will be required to communicate the relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the details provided by the Consumer. If payment is made by credit card, the purchase amount will be charged only at the time of transmission of the order confirmation from the Seller to the Consumer.

4.2. If during the selection process of Products on the Site as per the previous point 4.1, the Consumer notices that the price of one or more Products they intend to select for subsequent purchase is clearly lower than the one normally applied, net of any discounts and/or promotions in force at that time, due to an obvious technical problem on the Site, they are requested not to complete their purchase order and to report the aforementioned technical error to the Seller’s Customer Service by sending an email to ecommerce@robertoriccidesigns.com.

5. Delivery of goods and acceptance
5.1. The Site indicates the availability of Products and their delivery times; however, such information is purely indicative and not binding for the Seller.

5.2 The Seller undertakes to do everything within its power to meet the delivery times indicated on the Site and, in any case, to deliver within a maximum period of 30 (thirty) days from the day following the day on which the Consumer sent the order. In case of non-fulfillment of the order by the Seller, due to the unavailability, even temporary, of the Product, the Seller will provide written communication to the Consumer and will refund any amounts already paid by the Consumer for the payment of the Product as per the following par. 5.3. If the Consumer has chosen bank transfer as the payment method, the delivery period will start from the receipt of the payment by the Seller.

5.3. The shipment of Products ordered by the Consumer will occur in the manner selected by the Consumer, among those available and indicated on the Site at the time of order submission. The Consumer agrees to promptly check that the delivery includes all and only the Products purchased and to promptly inform the Seller of any defects in the Products received or their non-conformity with the order placed, according to the procedure set out in the following art. 8 of these Conditions, otherwise the Products will be considered accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives visibly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reservation.”

6. Prices, shipping costs, taxes, and duties

6.1. The price of the Products is the one indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable), and any indirect taxes (if applicable), but do not include shipping costs, which are calculated before the order confirmation sent by the Seller to the Consumer and which the Consumer agrees to pay to the Seller in addition to the price indicated on the Site.

6.2. The Consumer must pay the Seller the total price, as reported in the order and in the order confirmation sent via email by the Seller to the Consumer.

6.3. If the Products are to be delivered to a country outside the European Union, the total price indicated in the order and reiterated in the order confirmation, inclusive of indirect taxes (if applicable), is net of any customs duties and any other sales taxes, which the Consumer agrees to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, according to the legal provisions of the country where the Products will be delivered. The Consumer is invited to inquire with the competent authorities of their country of residence or destination of the Products to obtain information on any duties or taxes applied in their country of residence or destination of the Products.

6.4. Any additional costs, charges, taxes, and/or duties that a given country may apply, for any reason, to the Products ordered under these Conditions are the sole responsibility of the Consumer.

6.5. The Consumer declares that the lack of knowledge of the costs, charges, duties, taxes, and/or levies referred to in the previous paragraphs 6.3. and 6.4., at the time of sending an order to the Seller, cannot constitute grounds for termination of this contract and that they cannot in any way charge the aforementioned costs to the Seller.
7. Payments

7.1. The payment of the price of the Products purchased through the Site must be made within the essential term of 10 (ten) days from the date of transmission of the order confirmation from the Seller to the Consumer. The Consumer expressly agrees that the execution of the contract by the Seller will begin upon the crediting of the price of the purchased Product(s) to the Seller’s bank account.

7.2. Payment can be made by credit card, via PayPal, or bank transfer, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payment section of the Site.

7.3. If payment is made by credit card, the Consumer will be transferred to a secure site, and the credit card data will be communicated directly to Global Collect Service BV, headquartered in Amsterdam (Netherlands), at Planetenweg 43-49, 2132 HF, Hoofddrop, registered with the Amsterdam Chamber of Commerce under number 34140462,[EP1] the operator that handles payments on behalf of the Seller. The transmitted data will be sent securely, through encrypted data transfer using a 128-bit SSL (SecureSocketLayer) system. Such data is not accessible even to the Seller.

7.4. If payment is made by bank transfer in favor of the Seller, the Consumer must indicate the “Swift” and “IBAN” codes provided in the order confirmation, as well as the order number.

7.5. The Seller will promptly send the Consumer, if required by applicable law, the purchase receipt in electronic format via email to the address provided by the Consumer, if the Products purchased are to be delivered within Italian territory, or attached in paper format to the purchased Products, in all other cases.

8. Legal warranty of conformity of the Seller, reporting of conformity defects, and warranty interventions

8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter “Consumer Code”), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in case of use or washing of the Product not in accordance with the Product itself and the instructions/warnings provided by the Seller and/or the Owner, or reported in the relevant illustrative documentation, tags, or labels.

8.2. Under penalty of forfeiture of this warranty, the Consumer is required to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending to Customer Service at customersclothing@robertoriccidesigns.com, the Seller’s Customer Service, via email to customersclothing@robertoriccidesigns.com, the appropriate form at the bottom of the page correctly filled out, indicating the defect and/or non-conformity found, as well as the related documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the purchase receipt).

8.3. Upon receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Owner’s assistance service and, after carrying out quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the “Return Code,” via email to the address provided by the latter during the registration process on the Site or when placing the order. Authorization to return the Products will not constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorized the return must be returned by the Consumer, together with a copy of the return authorization communication bearing the “Return Code,” within 14 (fourteen) days from the report of the defect or non-conformity, to the following address:

E-Pluribus Srl
Via Topazio, 7
58100 Grosseto (GR)
Italy

8.4. In case of defects or non-conformities, the Consumer will have the right to have the Product’s conformity restored by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by art. 130 of Legislative Decree no. 206/2005.

If the Seller has committed to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer at the time of purchase of the Product or by bank transfer. It will be the Consumer’s responsibility to communicate to the Seller, always via email to customersclothing@robertoriccidesigns.com, the bank details to make the transfer in their favor and to ensure that the Seller is in a position to return the amount due.

9. Liability for damage from defective products

9.1. Regarding any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC and the Consumer Code apply. The Seller, as the distributor of the Products through the Site, is released from any liability, none excluded and/or excepted, by indicating, at the request of the damaged Consumer, the identity and domicile of the relevant manufacturer.

10. Right of withdrawal

10.1 Without prejudice to the exceptions provided for in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded under these Conditions, without having to provide any reason and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last product was delivered.

10.2 To exercise the right of withdrawal, the Consumer, before the expiry of the term referred to in the previous point 10.1, must access the “My Returns” page from My Account or, if not registered on the site, by accessing the dedicated page and entering the order number and the email with which the purchase was made. Alternatively, the Consumer can send an explicit declaration via the contact form or to the email address customersclothing@robertoriccidesigns.com, of their decision to withdraw using the attached withdrawal form.

10.3 Following what is provided for in the previous point 10.2, the Consumer will receive a confirmation email of the exercise of the withdrawal, containing, if they have already received the ordered product in the meantime, the return form to be included in the package, and the instructions to proceed with the return of the product, to be sent no later than the following 14 days to:

E-Pluribus Srl
Via Topazio, 7
58100 Grosseto (GR)
Italy

10.4 If the Consumer has received the product, they must return it to the address above without undue delay and, in any case, within 14 days from the day they communicated the withdrawal. The term is respected if the Consumer returns the goods before the expiry of the 14-day period. The risks and direct costs of returning the goods, as well as the proof of this, will be borne by the Consumer. If the Consumer exercises the withdrawal through the site, before confirming the withdrawal request, they will be informed of the cost for returning the goods, should they wish to use the return service offered by the site.
10.5 In case of withdrawal, the Consumer will be refunded the payments they have made, including delivery costs (except for additional costs resulting from any choice of a delivery type different from the least expensive standard delivery type offered), without undue delay and, in any case, no later than 14 days from the exercise of the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests the refund on a different payment method, in which case any additional costs resulting from the different payment method will be borne by the Consumer. The refund may be suspended until the goods are received or until the Consumer has provided proof of having returned the goods, if earlier.

10.6 The Consumer is responsible for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Therefore, if the returned goods are found to be damaged (e.g., with signs of wear, abrasion, scratches, scratches, deformations, etc.), not complete with all their elements and accessories (including unaltered and attached labels and tags), not accompanied by the instructions/notes/manuals attached, the original packaging and packaging and the warranty certificate, if present, the Consumer will be liable for the decrease in the asset’s value, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to handle the goods beyond what is strictly necessary to establish the nature, characteristics, and functioning of the same and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport even from writing or labels.

11. Intellectual property rights

11.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Site or relating to the Products are and remain the exclusive property of E-Pluribus Srl. and/or its successors, without the Consumer acquiring any rights to them from accessing the Site and/or purchasing the Products.

11.2. The contents of the Site may not be reproduced, neither in whole nor in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of E-Pluribus Srl.

12. Consumer data and privacy protection

12.1. To proceed with registration, order submission, and therefore the conclusion of the contract based on these Conditions, some personal data is required from the Consumer through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and E-Pluribus Srl, in accordance with and in compliance with the provisions of Italian law D.Lgs. n. 196/2003 and subsequent amendments – Privacy Code, to execute each purchase made through the Site and, with their consent, for any further activities as indicated in the specific privacy notice provided to the Consumer through the Site at the time of registration.

12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process is correct and truthful.

12.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the appropriate section of the Site “My Account” accessible after authentication.

12.4. For any further information on the methods of processing the Consumer’s personal data, please access the Privacy Policy section and read the General Conditions of Use carefully.
13. Security

13.1. Although the Seller adopts measures aimed at protecting personal data against their possible loss, falsification, manipulation, and misuse by third parties, due to the characteristics and technical limitations related to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Site, even after the Consumer has authenticated (login), is not accessible or viewable by unauthorized third parties.

13.2. Regarding data relating to credit card payments, the Seller uses the services of Global Collect Service BV, which adopts technological systems to ensure the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.

14. Applicable law, attempt at conciliation, and competent court

14.1. Every sales contract concluded between the Seller and Consumers under these Conditions will be governed and interpreted in accordance with Italian laws, particularly the Consumer Code, with specific reference to regulations on distance contracts and Legislative Decree No. 70 of April 9, 2003, on certain aspects concerning electronic commerce. In any case, the rights that may be granted to Consumers by mandatory legal provisions in force in their State will be preserved.

14.2. In the event of disputes between the Seller and a Consumer, we guarantee our participation in an attempt at amicable conciliation that each Consumer can initiate before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows reaching a satisfactory agreement with the help of a neutral and competent conciliator in a friendly and secure manner online. For more information on the RisolviOnline regulations or to submit a conciliation request, visit www.risolvionline.com.

14.3. As an alternative to the conciliation attempt mentioned in the previous point 14.2, the Consumer also has the option to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Regulation EU No. 524/2013, to facilitate independent, impartial, transparent, effective, quick, and fair extrajudicial resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has adhered to it, selectable from a specific list available there. For more information on the European ODR Platform or to initiate, through it, an alternative dispute resolution procedure related to this contract, access the following link: http://ec.europa.eu/odr. The Seller’s email address to be indicated in the European ODR Platform is as follows: ecommerce@robertoriccidesigns.com.

14.4. If the attempt at conciliation mentioned in the previous point 14.2 or 14.3 is not adhered to or if such attempt is unsuccessful, the dispute will be referred to the court of the Consumer’s place of residence or domicile.