Terms and conditions
General Terms and Conditions of Online Sale of Rippotai S.r.l. Società Benefit
Last update: September 24, 2023.
These terms and conditions ("Terms") apply only if you are a Consumer or a Professional. Pursuant to Article 3 of the Italian Consumer Code ("Cons. Code"):
"Consumer" is defined as "the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried on."
"Professional" means "the natural or legal person acting in the exercise of his or her business, trade, craft or profession, or an intermediary thereof."
In case the user is a Professional, some provisions, such as those on withdrawal (which is excluded), will not apply, since Professionals do not enjoy the protection provided by Consumer legislation.
These Conditions, drafted in accordance with the requirements of the current Consumer Code and regulations on electronic commerce, apply between the Consumer or Professional (hereinafter "User") and Rippotai S.r.l. Società Benefit, with registered office in via Meleto 853 - 47835 Saludecio (RN), VAT N. 04476820404, email info@rippotai.it, PEC rippotai@legalmail.it ("Rippotai") when purchasing Rippotai products or services on www.rippotai.it ("Site").
Please read these Terms carefully before placing an order on this Site.
Accepting the Terms, the User declares that he/she has the legal capacity to make purchases on the Site, releasing Rippotai from any consequent liability and expressly exonerating it from any burden of verification in this regard.
The Terms may be changed at any time by Rippotai and will be posted on the Site. The Terms in effect at the time of the order will apply to each purchase order.
In case of purchase through the Site, the Terms will always appear before the submission of an order and must be expressly accepted by the User. The User will also be asked to give his/her consent to the processing of personal data by Rippotai (the privacy policy pursuant to art. 13 of the EU Regulation 679/2016 may be consulted before submitting the purchase order).
About us and contact information
RIPPOTAI S.R.L. Società Benefit
via Meleto 853 - 47835 Saludecio (RN)
C.F. and VAT no. 04476820404
email info@rippotai.it
You can contact Rippotai by mail at the above address, or by phone/email from the Contact page https://www.rippotai.it/pages/contatti
How to order
The ordering of Rippotai products and services from the Site's online catalog is done according to the following steps:
- the User chooses, from the products listed in the Site's catalog, the product he/she wishes to purchase by clicking on the appropriate "Add to Cart" button;
- User must read and accept the Terms of Sale and give consent to the processing of personal data;
- the indication of the product added to the shopping cart is recorded in a special list of products that the User intends to order ("Shopping Cart"); the User can change the quantities, features or delete products;
- the User approves the list of chosen goods by clicking on the appropriate "Go to Cart" button.
- the User enters the requested data in the appropriate form;
- the User then chooses the method of payment (e.g., credit card, Pay Pal etc.) and shipping (or possibly physical pickup) and expresses his/her consent to the purchase by clicking on the "Order and Pay" ("Checkout"). The User can always modify the order before it is placed by clicking on the "Modify Order" button;
- the contract is considered concluded and legally binding when the User receives by e-mail from Rippotai the confirmation of the order.
Contract Retention and Order Verification.
The contract will be stored electronically on Rippotai's servers and may be accessible to the User upon the User's request to be made by e-mail to the addresses indicated in the Contact section of the Site.
Rippotai reserves the right to verify the order before sending the order confirmation and to reject the order. In the event that Rippotai rejects the order, the User will be promptly informed by e-mail of the reasons for the rejection. In this case, the contract will not be considered concluded.
Rippotai product and service information and pricing
All key features of Rippotai's products and services, including information on the compatibility, functionality, and interoperability of products with digital elements, digital content, and digital services, are specified in the product pages on the Site.
Rippotai strives to ensure that products and services are described and represented as accurately and completely as possible.
In the event of a pricing error, Rippotai will inform the User of the error and give the User the option to cancel the order at no cost or to proceed with the transaction at the correct price. If the order is cancelled, the User will be reimbursed for the costs already incurred, via the same payment method chosen for the purchase.
Rippotai reserves the right to change the prices of products displayed on the Site, including time-limited price reductions. Any changes to the price or information on the Site will not affect any order already confirmed by Rippotai. The prices to be paid are those valid at the time of order confirmation. Unless otherwise stated on the Site, prices of products and services are in Euros and include VAT delivery charges or other fees.
Payment and billing
Rippotai offers several payment methods for purchasing products and services through the Site These payment methods may be subject to their own terms and conditions. Rippotai may use third-party service providers to process and authorize payments. By placing an order, you authorize Rippotai and its third-party service providers to charge you for your purchase using the selected payment method. If we have delivered the product or service to you and your payment method fails for any reason not attributable to Rippotai, you agree to pay us the full amount due upon request. In case of payment by debit or credit card, Rippotai reserves the right to contact the card issuer to confirm the validity of the account and request authorization for payment in order to protect customers from fraudulent activities. By agreeing to these terms and conditions, the User consents to such verification.
Shipping and delivery
We will ship and deliver the physical products as specified in the order process and indicated in the order confirmation, to the delivery address provided to us ("Delivery Address").
If there are any errors or omissions, you must contact us to correct the delivery address as soon as possible. We cannot change the delivery address after the order has been processed and fulfilled. We reserve the right to cancel your order (which may have already been confirmed) and/or charge you for any additional costs resulting from a change in your delivery address communicated to us after the contract has been finalized.
Delivery times quoted by Rippotai during the checkout process are estimated only and are subject to events beyond Rippotai's control once the order has been confirmed and the goods have been shipped.
In any case, we undertake to deliver the products within 30 days from the date of conclusion of the contract. If we fail to fulfill this obligation, you may invite us to make delivery within an additional period appropriate to the circumstances. Except as provided in Article 61, paragraphs 4 et seq. of the Cons. Code, if the additional period expires without the products having been delivered, the User is entitled to terminate the contract.
Rippotai reserves the right to ship the order when all products in the order are available to be shipped together. In the event that the order contains a product that is not immediately in stock, the order confirmation will specify a separate delivery date, if available, or, in the event that an estimated delivery date is not yet available, Rippotai will notify the User as soon as the product is available and ready for shipment with the estimated delivery date. If the product (in the case of multiple products/combined sales) is delivered at different time points, each delivery/component of the product constitutes a separate contract. Any defects in one or more components do not entitle you to terminate the contract as a whole or cancel orders for subsequent products.
With regard to the supply of digital content or services, it will take place without undue delay after the conclusion of the contract. It should be noted that, pursuant to Art. 135-decis Cod. Cons., Rippotai will have fulfilled its obligation to supply when: 1) the digital content or any suitable means of accessing or downloading the digital content is made available or accessible to the User, or to the physical or virtual facility chosen for this purpose by the User; 2) the digital service is made accessible to the User or to a physical or virtual facility chosen for this purpose by the User.
The risk of loss of or damage to the products, due to causes not attributable to Rippotai, transfers to the User only at the time when the User or a third party designated by the User (other than the carrier) takes physical possession of the products.
Right of withdrawal
The User has the right to withdraw from the contract concluded with Rippotai, without having to provide any reasons, within the period of 14 calendar days, which run:
- in the case of service contracts or contracts for the provision of a digital content, from the day of the conclusion of the contract;
- in the case of a contract of sale, from the day on which the User or a third party (other than the carrier) appointed by the User acquires physical possession of the product or
b.1) in the case of multiple goods ordered by the consumer through a single order and delivered separately, from the day on which the User or a third party (other than the carrier) appointed by the same, acquires physical possession of the last good;
b.2) in the case of delivery of a good consisting of multiple lots or pieces, from the moment when the User or a third party (other than the carrier) appointed by the same, acquires physical possession of the last product or piece;
b.3) in the case of contracts for the periodic delivery of goods during a specified period of time, from the day on which the User or a third party (other than the carrier) appointed by the User, acquires physical possession of the first good.
The right of withdrawal is excluded if the contract involves the delivery of custom-made or clearly customized products.
The 14-day period for exercising the right of withdrawal is extended to 30 in the case of purchases made not through the Site but through other modes of distance communication following telephone contact directed at promoting the sale.
To exercise the right of withdrawal, the User must explicitly inform Rippotai of its decision to withdraw within the above terms by using the model withdrawal form available in Appendix 1 of these Terms. or by submitting any other explicit statement of its decision to withdraw from the contract, by:
1) mail to the following address:
RIPPOTAI S.R.L. BENEFIT COMPANY
853 Meleto Street
47835 Saludecio (RN)
2) by e-mail info@ripppotai.it
Regardless of how you contact us, you must send your notice of withdrawal before the expiration of the cooling-off period, stated above. If the right of withdrawal is exercised, the Consumer must return the goods to Rippotai or to a third party authorized by Rippotai to receive the goods, without undue delay and in any event within 14 days from the date on which you notified Rippotai of your decision to withdraw. The procedures for returning the products will be communicated to the User by e-mail. It should be noted that the costs of return are borne by Rippotai.
The deadline is met if the User returns the goods before the expiration of the 14-day period.
In case of withdrawal, the User must take the necessary precautions to preserve the products. In particular, The User is responsible for the decrease in the value of the goods resulting from any manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the products. Rippotai urges the User who intends to withdraw to avoid any manipulation other than that which is merely necessary for the verifications indicated above.
Rippotai encourages the User in case of return to include the original purchase receipt, original packaging and accessories.
Unless Rippotai has offered to pick up the products itself, with respect to contracts of sale, Rippotai may withhold the refund until it has received the products or until the User has demonstrated that it has returned the goods, whichever situation occurs first.
If the User withdraws from the contract, Rippotai will refund all payments received by the User with respect to the completed contract, including delivery costs (except for additional costs if the User chooses a faster shipping method than the least expensive delivery method), within 14 days from the day we receive your notice of withdrawal. Rippotai will refund your payment using the same payment method that you chose in the original transaction, unless you have explicitly requested that the refund be made via a different of method. In any case, no handling or cancellation fees will be charged for the refund.
The timing of the refund depends solely on the payment system chosen by the User. Once a refund order has been arranged, Rippotai cannot be held responsible for any delays or omissions in crediting by the payment service provider.
Loss of right of withdrawal for digital content
In the event that the contract provides for the delivery of digital content that is not delivered on a tangible medium, the right of withdrawal is excluded if the performance of the contract has begun before the expiration of the withdrawal period of 14 days and if the User gives his/her express consent to begin the performance during the period of the right of withdrawal, subject to the existence of the conditions specified in Art. 59 Cod. Cons.
For any contract involving the delivery of audio recordings, video recordings, or software in a sealed package, the right of withdrawal is void if the seal is removed or broken after delivery.
To exercise the right of withdrawal, please see the procedure in the previous article.
THE RIGHT OF WITHDRAWAL IS EXCLUDED IF THE USER IS A PROFESSIONAL.
Legal Guarantee for Users
Pursuant to Art. 128 Cod. Cons. et seq. Rippotai is liable to the User for any lack of conformity that exists at the time of delivery of the product or content with digital elements and the digital service and that becomes apparent within two years from that time.
If the contract provides for the continuous supply of digital content or digital services for more than two years, Rippotai shall be liable for any lack of conformity of the digital content or digital service that occurs or becomes apparent during the period of time during which the digital content or digital service is to be supplied under the sales contract.
In the event of a lack of conformity, the User has the right without charge to the restoration of conformity, or to receive a proportional reduction in the price, or to the termination of the contract, as specified below. In order to have access to the remedies provided, the product must not have been altered and the User is required to retain and produce proof of purchase.
For the purpose of restoring the conformity of the goods, the User may choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on Rippotai. If the lack of conformity is to be remedied by repair or replacement of the goods, the User shall make them available to the seller.
Rippotai may refuse to bring goods into conformity if repair and replacement are impossible or if the costs that Rippotai would have to bear are disproportionate.
The User has the right to a price reduction (proportional to the decrease in value of the good received compared to the value it would have had if it had been compliant) or termination of the contract of sale only in the cases referred to in Art. 135-quater Cod. Cons. (with reference to products) and by Art. 135-noviesdecies Cod. Cons. with reference to digital content or digital services.
In particular, the User has the right to a proportional reduction in the price or termination of the contract of sale pursuant to Art. 135-quater Cod. Cons. in the event that a lack of conformity manifests itself, despite Rippotai's attempt to restore the conformity of the goods.
Processing of User's Personal Data
Rippotai will process the User's personal data in accordance with the requirements of the EU Regulation 679/2016 ("GDPR"). The information pursuant to Art. 13 GDPR can be consulted at the following link https://www.rippotai.it/pages/privacy-policy
Additional conditions
Products or services sold through the Site may be used only in accordance with the instructions and licenses provided, including any instructions and licenses that may be available online. Rippotai, as the manufacturer of the products, may provide software updates/upgrades that the User must install in order for the purchased product to function properly, and the use of such software may be subject to additional licensing terms. The User declares that he/she is authorized to charge and initiate a payment through the payment method indicated by him/her for the purchase.
Use of the products and services offered may be subject to additional terms and conditions of our Suppliers that will be presented to you at the time of purchase or delivered with the product or service. Before completing your purchase, carefully read all additional terms and conditions provided to you. Do not complete the sale if you do not agree to the terms. If additional terms are provided with the product or service, you should read them immediately. If you do not agree to these terms, you should not use the product or service and should contact customer service to initiate a return.
After-Sales Services
Rippotai offers after-sales technical support services. The User can contact support at the following link https://www.rippotai.it/pages/contatti
Applicable Law and Dispute Resolution
These Conditions and related contracts are governed by the laws of the Republic of Italy.
Rippotai will make all reasonable efforts to amicably resolve any disputes with the User, who may contact Rippotai at the contact details set out at the following link: https://www.rippotai.it/pages/contatti or activate the complaints procedure through the "Online Dispute Resolution" platform established by the EC and accessible at the following link: https://ec.europa.eu/consumers/odr/.
The User shall always have the right to refer the matter to an extra-judicial dispute resolution body of his/her choice or to the competent court. The mandatory territorial jurisdiction is of the court of the place of residence or domicile of the User, if located in the territory of the Italian Republic.