1.1. These general conditions of sale and use hereby indicated (hereinafter the "General Conditions") shall apply to both the EU and Italian territories. The General conditions are regulated by the Directive 2011/83/Eu of the European Parliament and of the Council of 25 October 2011 on consumer rights. These General Conditions shall be applied exclusively to online purchases made by ROUND ANIMALS DESIGN through its own domain www.roundanimalsdesign.com. Pursuant to and for the purposes of articles. 7 and 12 of the Dlgs. n. 70 of April 9, 2003, ROUND ANIMALS DESIGN informs users of the following information: the service provider under the General Conditions is Arch. Antonio Mastrorilli, headquartered in Via Poggibonsi 7 - 20146 Milan, Italy C.F./P.IVA 06243560726; Mail: email@example.com
In this document Arch. Antonio Mastrorilli, will be named "ROUND ANIMALS DESIGN", which is the distinctive sign under which he sells products through the website
1.2. This document is legally binding for both parties, as it is the agreement between the web user, also mentioned as the "Client", and ROUND ANIMALS DESIGN. By using our navigation services on our site and our ecommerce services the client, being a natural or a legal person, legally represented, requested to accept our General Conditions hereby listed before the purchase.
2. GENERAL CONDITIONS
2.1 ROUND ANIMALS DESIGN by Antonio Mastrorilli makes available on the pages of the site, for the above mentioned customer, purchase of products and, following the procedures described above, the customer will conclude the contract for the purchase of the product.
2.2 ROUND ANIMALS DESIGN reserves the right to prohibit the use of the Site by any person presenting violations of these "General Conditions".
2.3 Any changes and/or new clauses shall come into force upon their posting in the "General Conditions for ecommerce" on the Site. Should any changes occur, the applicable version of the General Conditions shall be the one posted on our site when the Client sends the purchase order summary (hereinafter "Purchase Order"). Therefore, may we suggest users to visit this section regularly, in order to verify the updated version.
2.4 Should Clients refuse to accept the changes in our General Conditions, they shall refrain from purchasing products on our portal and will be entitled to ask for cancellation of their registration.
2.5 The Customer declares to be a consumer and wishes to purchase the Products exclusively for personal use and not for resale in any business activity; ROUND ANIMALS DESIGN is not responsible in any way for the provision of services and / or for the sale of products by the Customer to other persons or companies. ROUND ANIMALS DESIGN does not perform any control and / or monitoring on managed sites by third parties and is therefore not responsible for the content of such sites nor for any errors or omissions or violations by law.
2.6 The Customer is not entitled to compensation for damages or compensation as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or property caused by the failure to accept, even partial, an order. In the event of unforeseen unavailability of the goods and failure to accept the order, no charge will be done to the Customer. It is also excluded any Customer's right to damages or compensation, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or property caused by incorrect or inappropriate use of the products for sale; With particular reference being made to the fact that all the products on sale are not toys and therefore are not suitable for use by children under 14.
3. GETTING REGISTERED AND PURCHASING MODES
3.1 In order to be able to purchase products on the Site it is necessary to go through a registration procedure. Failure to register and accept the General Terms implies the inability to make purchases. Registration Credentials are personal and can not be given to third parties. Registration Credentials may be modified by the Customer at any time by accessing the Site in the appropriate section. The Customer is required to notify ROUND ANIMALS DESIGN in the event of unlawful use of the same, theft and / or loss.
3.2 In order to safeguard quality and security of our ecommerce platform, we retain the right to refuse a new registration or to cancel an "account" at any time, should it be involved in illicit activities. By registering Clients are required to provide correct and true data and accept liability for any false or fraudulent information, and for all kinds of behaviour, which might be prosecuted. Clients also accept to keep ROUND ANIMALS DESIGN harmless from any sanctions, compensation requests linked to and/or deriving from any breach of registration rules. Clients are responsible for accessing their own account by using the Registration Credentials assigned to them. They are also liable for any damage or prejudice caused to our platform performed via their Registration Credentials. Any activity performed through a set of Registration Credentials shall be considered as carried out by the Client whom those Registration Credentials are associated with. Customer shall relieve ROUND ANIMALS DESIGN from any liability arising from the issue of incorrect tax documents due to data errors provided by the Customer, as the Customer is solely responsible for their correct insertion.
3.3 Customer may purchase one or more products published on the website by clicking on the button "add to cart". After filling in the shopping cart with the selection of the items, the Customer may proceed to purchase through the compilation of 4 subsequent steps in which a registration will be required; the Customer must enter his / her master data, the place of delivery of the goods, the Tax Code and / or the VAT for invoicing, the type of payment chosen and finally the credentials for payment. At the end of the compilation, the customer will be able to check and modify the entered data. Once verified, the customer can validate and submit the order via a confirmation click on the "proceed to checkout" button.
3.4 The submitted order will be considered as a contractual purchase order by the Customer for the individual items included in the order. Order receipt will be confirmed by an automatic "Order Confirmation" email in the case of PayPal or Credit Card, or "Order Summary" in case of payment by bank transfer. These automatic mails do not constitute acceptance of the purchase proposal, which will be finalized only after verification of the data and availability of the requested products. Transmission of the Purchase Order is an irrevocable commitment of the Customer to purchase. This commitment may only be challenged in the cases provided for by Law and concerning the "right of withdrawal".
3.5 The Customer will receive an email communication - addressed to the e-mail box indicated in the purchase procedure - which will summarize all the elements of the Order such as: ordered product features, price indication, selected payment method, shipping costs, delivery time. It is recommended that you keep the email you receive as a proof of purchase, store it on your support.
4. PAYMENT METHOD
4.1 All sales prices of the products shown and indicated on the website, which constitute public offer in accordance with art. 1336 BC, include I.V.A. And any other tax. ROUND ANIMALS DESIGN will point out the contribution for the shipping costs of the order itself. All prices on the Site are indicated in Euro (€), unless differently specified in the Product data sheet. All prices on the Site are VAT included. Shipping costs are calculated according to the delivery place location and are listed separately. Delivery times indicated correspond to a minimum and maximum estimated delivery dates.
4.2 The payment can be made via Paypal, Credit Card (via PayPal) or via Bank Transfer.
4.3 In case of payment by credit card, the Client shall receive an "Order Confirmation" email to state that the order has been correctly transmitted and the payment has been successfully received. All payment information input by the Client in financial circuits (credit card number, security codes) is managed through a SSL (Secure Sockets Layer) Protocol connection and shall not be recorded in our systems in any way. ROUND ANIMALS DESIGN is not responsible for the fraudulent and unlawful use that may be made by third parties, credit cards and other means of payment at the time of purchase of the goods, being in no way part of the procedure.
4.4 In case of payment by bank transfer, the Client shall receive the "Order Summary" via email, which lists all the purchased items and includes instructions to pay via bank transfer. After ROUND ANIMALS DESIGN has verified that the relevant amount has been credited on its bank account, the Client shall receive the "Order Confirmation" email. In case of payment by bank transfer, verification cannot take longer than 5 (five) days from the payment order sent by Clients to their bank. Clients can speed up this process by sending a bank transfer receipt to the following email address: firstname.lastname@example.org
4.5 Should ROUND ANIMALS DESIGN fail to receive payment (via credit card or via bank transfer) within 15 days from the date of the Purchase Order, it shall reserve the right to cancel the order.
4.6 ROUND ANIMALS DESIGN retains the right to reject, at its sole discretion, any purchase order coming from any user, that might seem peculiar in relation to the price applied, the quantity of items purchased or frequency of performed purchases. It is hereby agreed and stipulated that ROUND ANIMALS DESIGN shall start all Order processing operations just upon receiving the confirmation of payment by the Client.
5.1 ROUND ANIMALS DESIGN by Antonio Mastrorilli makes deliveries all over the world. The ordered products will be delivered, when shipment begins, by trusted couriers in 24/48 h for Italy and 48/72 h for other countries; Delivery times will never exceed those provided by art. 54 D.Lgs. 206/2005.
5.2 Deliveries shall be made at the postal address provided by Clients in the Purchase Order. Therefore, Clients are responsible for the address provided. ROUND ANIMALS DESIGN shall not be liable for any mistakes related to shipments or wrong delivery of products, due to mistaken or incomplete information provided by Clients when filling in their Purchase Orders.
5.3 In case of payment via bank transfer, ROUND ANIMALS DESIGN will process the order only after verifying the actual crediting on its bank account. Therefore, the bank processing time should be added to the delivery lead time indicated in the Order Summary.
5.4 Deliveries shall always be carried out, at street level, from Monday to Friday between 08:00 am and 06:00 pm. The Carrier shall try to deliver the goods once (twice for international shipments) at the address provided by the Client. Should the Client be absent the first time, the Carrier shall leave a notice stating the first delivery attempt (the second one for international shipments) at the indicated address. Should the delivery attempt fail, the Carrier shall contact ROUND ANIMALS DESIGN in order to arrange the following activity. The Products shall be kept at the Carrier's facilities for 10 (ten) calendar days for free. After 10 days the Order shall be automatically cancelled . ROUND ANIMALS DESIGN shall refund the Client with the value of the Order except for shipment and storage expenses; these shall be debited to the Client. The termination of the contract and the amount to be refunded shall be advised to the user by email. The refund will be credited to the Client via the same payment method used for the purchase, or by bank transfer.
5.5 Products can only be delivered to the Client or to a person bearing full confidence of the buyer and acting as Consignee on his behalf. The Client or the Consignee shall check that packaging is pristine and clean at delivery time and that the Products received coincide with the ones listed in the relevant Purchase Order. Should the Client or the person acting as Consignee on behalf of the Client find that products have visible defects, such as wrong number of packages, or lack of integrity of packaging, the Client or the Consignee shall immediately advise this by writing it in the shipment documents provided by the Carrier. Moreover, the Client or Consignee shall contact ROUND ANIMALS DESIGN or the Seller on the platform and also by registered post within 3 (three) working days after the anomaly is found.
5.6 ROUND ANIMALS DESIGN shall not be liable for damages to the products or for any shipment delays occurred after collection of the products by the Carrier.
5.7 When the Seller country and the Buyer country are different, additional customs duties may apply at the time of delivery. In such cases the product data sheet shall bear clear information on this issue. Customs policies vary considerably from Country to Country. Clients are kindly advised to contact their Country Customs Agency in order to verify if any ancillary tax or duty shall apply. If the customer decides not to receive the order once it has arrived at customs, ROUND ANIMALS DESIGN doesn't guarantee the reimbursement of the goods which will be abandoned in place.
5.8 ROUND ANIMALS DESIGN can not be held liable for any delays in delivery or inability to deliver due to force majeure. The customer will have to inform ROUND ANIMALS DESIGN of the delay or failure and ROUND ANIMALS DESIGN will notify a new delivery date. By continuing the cause of force majeure beyond a period of 3 (three) months, the order will automatically be canceled.
6. RIGHT OF WITHDRAWAL
6.1 According to the Code of EU Online Rights and the Directive 2011/83/EU of the European Parliament, Clients can exercise the right to withdraw from a Purchase Contract (hereinafter "Right of Withdrawal"), without providing any reason. This shall also entail no penalties. For "consumer", it is intended for those who do not purchase for business or professional reasons and therefore without the insertion of VAT IDs in the order form.
6.2 The right of withdrawal can include all purchased goods (complete withdrawal) or only part of them (partial withdrawal).
6.3 In order to exercise the right of withdrawal, Clients shall send a withdrawal communication within 14 (fourteen) days starting from the day the products are physically delivered to a Client or to a Consignee acting on behalf of the Client, and either subject signs the delivery note thereby accepting the goods. The Client is free to withdraw in his own words, provided his/her statement describing his/her decision to withdraw is unequivocal. The withdrawal information should be sent as follows, at the Client's discretion:
Registered post to: ROUND ANIMALS DESIGN, via Poggibonsi, 7 – 20146 Milano, Italy email: email@example.com
6.4 The right of withdrawal shall not be applicable to the supply of goods made to the consumer’s specifications, i.e., non- prefabricated goods made on the basis of an individual choice of or decision by the consumer. If the right of withdrawal is not applicable on the products on sale, the Site shall show the phrase "right of withdrawal not applicable" in the product data sheet, in the page of the purchase procedure or in the order confirmation sent via email. Clients are kindly invited to always check the presence of this phrase.
6.5 The Product/s shall be returned to the Seller not later than 14 (fourteen) days after having informed the Seller about his/her the decision to withdraw from the purchase.The postmark date will determine the real posting date, alternatively, the collection date by the forwarding agent shall be considered as the return date.
6.6 If the Client has exercised his right of withdrawal in accordance with the provisions set forth in these terms and conditions, the Seller will fully reimburse all payments received from the Client, including shipping costs. The reimbursement will be carried out using the same means of payment as the Client used for the initial transaction, without undue delay and, in any event, not later than 14 (fourteen) days from from the day on which we are informed about the Client's decision to withdraw from his/her contract. The Supplier may withhold reimbursement until the goods are received back or the Client has supplied evidence of having sent back the goods, whichever is the earliest. The Client will have to bear the direct cost of returning the goods.
6.7 The goods shall be returned in resalable conditions, preferably their original packaging and together with all accessories. Clients are liable for any diminished value of the goods when these are handled differently from the provided instructions regarding verification of an item's nature, features and function. Should this happen, the Seller reserves the right to require a refund from the user due to the decrease in value of the product. Therefore, even if the law in force does not oblige the Buyer to purchase an insurance policy on the goods returned, when exercising the right to withdrawal, may we suggest that Clients acquire one.
6.8 Purchase order cancellation.
Clients wishing to cancel their Purchase Order shall proceed within 24 (twenty four) hours from the order issue date. Later Clients will be allowed to cancel only those orders waiting for payment. It is also possible the full or partial cancellation of the ordered articles still not accepted by ROUND ANIMALS DESIGN and waiting for processing. Cancellations requested by Clients not entail any additional costs. ROUND ANIMALS DESIGN will then refund the Client with the whole amount paid.
6.9 Refund for unavailable goods.
Goods for sale may suddenly become unavailable due to goods being sold out. This might happen even after the Purchase Order registration. Should a product become unavailable, the buyer shall be informed either by phone or by email within 20 (twenty) days from the Order date, and the Purchase Order shall be modified only with regard to the unavailable product. Should a buyer have already paid for the unavailable item, ROUND ANIMALS DESIGN shall refund the sum paid by the buyer, including shipping costs, within 10 (ten) days starting from the date the buyer receives the communication advising the unavailability of the purchased product. The buyer shall be informed by email about the exact amount refunded. This amount will be credited to the buyer using the same payment method chosen by the Client to perform the relevant purchase, or via bank transfer. ROUND ANIMALS DESIGN shall not be liable for any delays in the crediting of refunded sums that are due to the banking houses used by buyers to perform payment. In any case, the value date of the refund shall be the same of the payment, in order to further protect the buyer.
6.10 Complaints about products in case of difformity.
Should Clients find that there are problems with the products received, they have the right to directly contact the Seller's Customer Service, may it be ROUND ANIMALS DESIGN or the Manufacturer selling on the site, within 3 (three) days from delivery, in order to advise any discrepancies with their Order, may these be wrong items, damaged items, defective items or items with missing parts. Any returned item shall be replaced. The Seller may be entitled to opt for a refund as an alternative to product replacement. The return file is open upon reception of the documents sent by the Client, these may include photos of the damage claimed. Customer is advised to keep the original packaging and the delivery document. In case of a Return, the Seller shall contact the Client within 3 (three) working days in order to shorten waiting time and provide all necessary information regarding the return procedure, specifically, the delivery place for the returned item and the label to be placed on the package. When a product is returned, it is the Client's responsibility to package the item, and all its parts, correctly inside the original packaging material in order to avoid damages. The replacement product manufacturing process and its shipment shall start upon reception of the returned product.
7.1 All products are sold with a "Legal Guarantee of conformity" in compliance with the Directive 2011/83/EU.
7.2 Manufacturers are the sole and direct liable party in case of production defects or diversity of the goods. Warranty on products shall be exercised by the Manufacturer of each item as per the methods and time limits indicated by law.
7.3 In line with the above mentioned "Legal Guarantee" Manufacturers are liable for all flaws becoming visible within 2 (two) years from the delivery date of the relevant product.
7.4 The Legal Guarantee provides for the Consumer to advise the Manufacturer of any flaws found in the purchased item within 2 (two) months from the moment it becomes visible . As soon as the information is communicated to the Manufacturer, the Consumer shall be entitled to have the item repaired or replaced, with no prejudice to all other rights provided for by this law in favour of Consumers.
7.5 The Legal Guarantee shall not be applicable to products that have been repaired, modified or in any way changed by the user. By the same principle, the Legal Guarantee shall not be applicable to any malfunctions, flaws and damages caused by incidents or due to responsibility of the user, or when the product has been used differently from the description in technical documents provided or for a different purpose than the one indicated by the Manufacturer, or in a way that runs counter to the user instructions provided.
7.6 Clients shall contact ROUND ANIMALS DESIGN Customer Service writing to firstname.lastname@example.org in order to exercise their warranty. Our Customer Service shall provide all necessary information supporting Clients in exercising their rights.
7.7 Clients shall only be able to access their warranty when they have their proof of purchase available.
8. SELLER'S DUTY AND EXCLUSIVE RESOLUTION CLAUSE
8.1 The obligations assumed by the Customer as well as the guarantee of the good end of the payment made by the Customer are essential, so that, for a pact, the default of the Customer by one of these obligations will result in the termination of the contractual right without the need for a judicial ruling, without prejudice to the right of ROUND ANIMALS DESIGN to take legal action for compensation for further damage.
9. LIABILITIES OF ROUND ANIMALS DESIGN
ROUND ANIMALS DESIGN shall not be liable for loss of turnover, gains, data or for any other indirect damage of any type deriving or linked to contracts drafted under the General Conditions.
ROUND ANIMALS DESIGN liability for platform malfunctions such as: wrong Order confirmation reception due to a block of the email service, cyber-attack, and denial of service, shall never be over the total value of the Purchase order.
ROUND ANIMALS DESIGN liability in connection with the sale of products on its platform shall never be over the price paid by the Client for a product. This rule does not apply in case of gross negligence or wilful misconduct.
Starting from 25/05/2018 the new European Regulation 2016/679 on data protection (GDPR) comes into force.
10.2 Types of information we collect
When registering to create a site user account, you are asked for personal information: name and surname, address, country of residence, gender, date of birth, nationality, email address, telephone number, tax code or VAT number, credit card details. You are also asked to choose a username and password for your user account.
When you are buying a product from the Website or when you are using other services offered by the Website, we collect transaction information, such as what kind of products you bought, delivery address, credit card and payment details. When you communicate with us, for example by sending e-mails, we retain such communication in order to process your enquiries, respond to your requests and to improve our services. In addition, we collect information, such as your IP-address, browser type and version, operating system and platform, automatically whenever you interact with us. On the Website, we use so called "cookies" and we collect the before mentioned information whenever your web browser accesses the Website. Coo-kies are some kind of data which we transfer to your computer's hard drive through your web browser in order to help us to recognize you when you access the Website, to remember your settings and to personalize the Website according to your needs. You may disable cookies in the settings of your web browser but please be aware that you may not use all of the services of the Website if cookies are disabled.
10.3 Security of Your Personal Data
We strive to protect your personal data as much as possible under D.Lgs.n.196 of 30.06.2003 ("Personal Data Code") and we inform you that the data provided through the website www.roundanimals.com will be treated in accordance with the above mentioned provisions and the obligations of confidentiality, integrity and security measures, pursuant to Articles 31-36 of the same decree and as required by the GDPR - EU Regulation 2016/679.
10.4 Purposes and methods of processing personal data Personal data freely provided by the interested party will be processed for the following purposes: - Provide access to the contents and news of Round Animals Design, according to the methods provided by Round Animals Design; - Send commercial and / or promotional communications by e-mail or telephone on products and services of Round Animals Design, including invitations to events and market research.
10.5 Sharing of information with third parties to ensure the service
For certain services, such as the delivery of your products, the processing of your payment, customer support, we engage third parties. These third parties will have access to those personal information we collected from you that is necessary in order for them to perform their functions. They are not allowed to use your personal information for any other purpose and they are contractually obliged to comply with applicable data protection laws.
We will release personal information in case we are required by law, for enforcing our General Terms and Conditions and other agreements and in case of detection, investigation and prevention of fraud and other illegal activities.
10.6 Data controller The holder of the treatment is Round Animals Design of Antonio Mastrorilli with registered office in via Poggibonsi n.7 - 20146 Milan (MI) Italy
10.7 Data retention The Data processed to provide the selected Services listed above will be retained by Round Animals Design for the period deemed strictly necessary to achieve these purposes and in any case until the possible revocation of consent. In the event that consent is revoked, the Data can no longer be processed for the aforementioned purposes but could still be stored in order to manage any disputes.
10.8 Rights of the interested party The following rights are recognized by the interested party under art. 15 of the GDPR: 1. right of access, namely the right to obtain from Round Animals Design the confirmation that data is being processed or not, and in this case, to obtain access; 2. right of rectification and cancellation, that is the right to obtain the correction of inaccurate data and / or the integration of incomplete data or the deletion of data for legitimate reasons; 3. right to limit the processing, namely the right to request the suspension of treatment if there are legitimate reasons; 4. right to data portability, namely the right to receive the Data in a structured, common and readable format, as well as the right to transmit the Data to another data controller; 5. right of opposition, namely the right to object to the processing of data if there are legitimate reasons, including the processing of data for marketing and profiling purposes, if any; 6. Right to contact the competent data protection authority in case of unlawful data processing.
You can contact us anytime and request that we inform you about all personal information that we have collected and stored about you. In addition, you may request that we correct, amend or delete such personal information. Please note, that if you request us to delete your personal information, we will no longer be able to provide you with our services.
By accessing your account on the Website, you have at any time the possibility to correct, amend or delete your personal information such as your first name, your family name, your address, your country of residence, your credit card details. Of course, you may delete your account at any time.Alternatively you can request the cancellation of all your data by writing to: email@example.com, it will be our duty to delete all your data from our database within the next 48 hours.
10.9 Changes to this Privay Policy
11. SUSPENSION OF SERVICE
ROUND ANIMALS DESIGN reserves the right to temporarily suspend, without prior notice, the provision of Services for the time strictly necessary for the technical and / or appropriate technical interventions to improve the quality of the Services themselves. ROUND ANIMALS DESIGN may, at any time, interrupt the Service's performance in the event that security reasons or confidentiality violations arise, giving the user notice in this case.
12. SITE CONTENT AND INTELLECTUAL PROPERTY
All contents of ROUND ANIMALS DESIGN and www.roundanimals.com, such as products, works, images, photographs, texts, videos, documents, drawings, figures, logos and any other material, in any format, published on the website, including menus, web pages, graphics, colors, schemes, tools, fonts and design of the website, diagrams, layouts, methods, processes, functions and software are protected by copyright and any other intellectual property right of Architect Antonio Mastrorilli.
Reproduction, modification, duplication, copy, distribution, sale or otherwise exploitation of images or content of the website may be prohibited unless previously authorized in writing by Architect Antonio Mastrorilli. Any use of the website's content for commercial and / or advertising purposes is prohibited.
Under no circumstances may the User alter, alter, modify or adapt the website, or any material made available by ROUND ANIMALS DESIGN.