GENERAL TERMS AND CONDITIONS OF SALE
The sale of “OWAY” branded products (hereinafter also referred to as the “Products” or the “Product”) concluded remotely through the www.oway.it website, (hereinafter referred to as the “Website”) is governed by the following General Terms and Conditions of Sale (hereinafter also referred to as the “GTCSs”).
For the purposes of these General Terms and Conditions of Sale, the Buyer and Rolland are individually or jointly referred to respectively as the “Party” or “Parties”.
The Buyer declares and guarantees that the purchase of the Products on the Website is not being carried out as part of a professional activity and is intended for personal use. The resale, rental or transfer of Products purchased on the Website, for any commercial or professional purposes, is expressly prohibited.
These General Terms and Conditions of Sale are published on the Website in order to allow the Buyer to understand the conditions and methods based on which the seller (hereinafter referred to as “Rolland” or the “Seller”) sells and delivers the ordered Products, as well as defining the rights and obligations of the Parties in relation to the sale of the Products by Rolland. The General Terms and Conditions of Sale are also aimed at allowing the Buyer to store and print this information, pursuant to Article 12, paragraph 3 of Legislative Decree no. 70 of 9 April 2003 (“Implementation of Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”) and subsequent amendments and additions. The General Terms and Conditions of Sale shall apply, without any limitation or condition, to all sales of the Products offered by Rolland on its Website, accessible via the internet at www.oway.it, as well as in a specific version of the Website optimised for mobile devices, accessible at www.oway.it from such a device.
These General Terms and Conditions of Sale must be carefully examined by the Buyer before completing the purchase procedure for products and/or services available through the Website. The submission of a purchase order (hereinafter also referred to as an “Order”) for one or more of the Products available for sale on the Website implies the total and unconditional acceptance on the part of the Buyer of these General Terms and Conditions of Sale, as well as of the General Terms and Conditions of Use of the Website.
Rolland reserves the right to modify these General Terms and Conditions of Sale at any time. The Buyer shall therefore be required to accept only the General Terms and Conditions of Sale in force at the time the order is submitted. Any changes and/or additions shall be effective only in relation to purchase orders made after the modification and/or integration date.
For Subscription Orders, changes to the General Terms and Conditions of Sale shall be communicated by Rolland, by sending an email to the address provided by the Buyer at the time of registration. The Buyer shall be entitled to withdraw from the Subscription service in cases where the changes to the General Terms and Conditions of Sale are made after the first Subscription Order.
In case of modification of the General Terms and Conditions of Sale, the Buyer will have the right to withdraw from the Subscription Service, according to the terms and conditions set out in the relevant article "Right of Withdrawal".
In such cases, the right of withdrawal can be exercised within 14 (fourteen) days from receipt of the email communicating the modification/integration of the General Terms and Conditions of Sale. Orders sent by the Buyer within 14 (fourteen) working days within which he/she is entitled to withdraw from the Contract, will be subject to the General Conditions of Sale in force prior to the changes / additions, communicated by Rolland through said email.
Rolland S.r.l. is an Italian company which is the exclusive licensee of the industrial property rights relating to the Oway registered trademark. The Company has its registered office in Via Gaibara 9/4, Bologna (Italy) and its operational and administrative headquarters in Granarolo dell’Emilia, Bologna (Italy), Loc. Cadriano, Via G. Di Vittorio no. 11, Tax Code 04170270377, VAT no. 00820241206, email [email protected].
The Seller hereby acknowledges that it is possible to access the www.oway.it Website without being a registered user and to access information, product descriptions, basic price lists and all services that do not require the entry of personal data.
To proceed with a purchase, the Customer is not required to create an account. The Customer may proceed with the purchase of the Products as a “Guest”, providing only the data required for the correct registration of the order by Rolland's servers and for correct shipment of the same.
To proceed with the purchase of Subscription Products the Customer is, instead, required to register on the Website, creating an account according to the procedure specified on the Website.
Characteristics and availability of the Products
Before submitting an Order the Buyer may view, on the Website, all information referred to in Article 49 of Legislative Decree no. 206 of 6 September 2005 (“Italian Consumer Code”) such as, by way of example but not limited to, information about the Seller, the price, including taxes and shipping costs, the key characteristics of the product(s) or services they wish to purchase and all the other mandatory information required by Italian law.
The Products offered on the Website comply with the applicable Italian legislation in force at the time of the Order. Rolland shall not be responsible for any non-compliance of the Products with the legislation of the country in which the Buyer wishes to deliver the Products. The Buyer is therefore required to verify the methods and procedures associated with importing and/or using the Products and services he or she intends to order, as well as their compliance with the legislation in force in the destination country. Rolland cannot guarantee that the information on the product packaging shall be translated into all European Union languages. This information shall, at a minimum, be available in Italian and English.
For any information relating to the Products and their use, or for any additional questions or requests for information, the Buyer may contact Rolland’s Customer Service Centre at the following email address: [email protected]
The Buyer may select one or more Products available on the Website. Rolland reserves the right to modify the range of items offered on the Website and may, from time to time, limit the quantity of Products that the Buyer can order during each purchase session.
Offers made available by Rolland are valid for as long as they are published on the Website and within the limits of available stock. For Products not in stock, the offers published on the Website shall be valid subject to availability. In the event that, after submitting an Order, some or all the Products ordered are not available, the Buyer shall be immediately informed by email of the unavailability of the Product or Products and of the total or partial cancellation of the Order.
In the event that the Order initially transmitted had benefited from free shipping, this benefit would remain unchanged even in the event of partial cancellation of the order.
All prices associated with the Products offered for sale on the Website are indicated in Euros and with “VAT included”. Any changes in the applicable VAT rate shall automatically be reflected in the price of the Products.
The prices of Products offered for sale on the Website shall be applicable only in the context of remote selling of the same Products via the Internet and may be different from the corresponding retail prices available in-store.
For each purchase made Rolland shall issue an order, associated with a unique order number and containing the date when the order was submitted, the Products purchased, the shipping costs, the individual prices including VAT and the summary of the total costs due including VAT. In the event that the shipment should involve additional charges, not foreseeable and not predictable at the time of the Order, Rolland will send the Buyer an email indicating such additional charges. Upon receipt of said email, the Buyer may withdraw from the contract by following the appropriate procedure and obtain a refund of the amount paid at the time of the Order.
Rolland shall not make any changes to the price, availability or description of any Product following its acceptance of the Order submitted by the Buyer.
Rolland may, on the other hand, change the sales prices associated with Subscription Products at any time and without notice. In case of change, the Buyer may withdraw from the Subscription by following the specific procedure indicated on the Website or withdraw from the Sales Contract according to the terms and conditions indicated in the paragraph "Right of withdrawal".
Product prices do not include shipping costs, which vary according to the address indicated for the delivery of the products, as well as to the total amount of the order. They are displayed before the Order is submitted by the Buyer. For further information on shipping costs, please refer to the following paragraph "Order shipping and delivery".
Two different types of payments are available.
CREDIT CARDS and PREPAID CARDS
The following credit cards are accepted: Visa, MasterCard, Maestro, American Express, JBC and Discover.
The total amount shall be charged at the time of transmission of the purchase order. In order to guarantee the security of payments made on the Website and to prevent any fraudulent activities, we use a secure payment service that relies on the SSL security protocol. Confidential credit card information is encrypted and transmitted to the payment manager in a secure manner. At no time does our Website have direct access to nor does it store any data relating to the credit card used to pay for the products. All payment information is encrypted to ensure maximum privacy. In the event of a return, refund or dispute relating to the order, both on the part of the Buyer, where applicable, as well as on the part of the Buyer’s Credit Institute, the refund or the release of the amount charged to the credit card shall be provided for, as appropriate. For some types of cards, the time it will take for the chargeback transaction to show up on the account shall depend exclusively on the banking system and cannot be attributable to Rolland’s business activities. Once the transaction has been refunded, Rolland shall in no way be held responsible for any direct or indirect damages eventually caused by a delay in the banking system in releasing the amount committed.
Payments made by credit card and using digital wallet services (ApplePay) are managed by the Braintree Payments platform. The Terms and conditions relating to the security of the service are available at the following link: Braintree payments.
Payment of the Circlebox Subscription service is made by means of a recurring charge on the indicated card, always through Braintree Payments, without additional costs. In the event that the first attempt to charge the amount is unsuccessful, the system will make three more consecutive attempts. In total, four attempts shall be made to charge the amount. In the event that the last attempt should also fail, the Subscription shall be suspended until the Buyer decides to reactivate it, by selecting the "Reactivate" option. The Buyer may reactivate the Subscription by following the procedure indicated in the "MY CIRCLEBOX" page of his/her reserved area. Upon reactivation, the automatic dispatch of orders will resume following the initial calendar, calculated according to the criteria set out in the following paragraph "CIRCLEBOX Subscription Service".
Product payments can be made using PayPal. If they choose this payment method, the Buyer is redirected to the www.paypal.it website, where they will be asked to log in and pay for the products according to the procedure provided for and governed by PayPal.
Data entered on the PayPal site shall be processed directly by the same and shall not be transmitted or shared with our Website. We are therefore unable, in any way, to obtain or store the credit card data connected to your PayPal account.
The total amount shall be charged at the time of transmission of the purchase order. In case of termination of the purchase agreement and in any other case relating to a refund, in any capacity, the refund amount shall be credited to the user’s PayPal account. The time it takes for a chargeback transaction to show up on the account depends exclusively on PayPal and on the banking system.
CIRCLEBOX SUBSCRIPTION SERVICE
CIRCLEBOX is the exclusive Oway Subscription service for registered users. The service allows the periodic purchase of products sold on the www.oway.it website.
The Subscription Service allows the Buyer to select between the various frequency options for sending the Order and the simultaneous payment (4, 8, 12, 16, 20 and 24 weeks). The day on which the first Subscription Order is sent will be stored by the system and will be used to generate all subsequent periodic orders. For example, if the first Order is placed by the Buyer on 15th May and a 4-week (28 days) Order frequency is chosen, the second Order will automatically be generated by the system on 12th June, the third on 10th July and so on.
The payment systems, including for the Subscription Service, are the same as those indicated in the previous section, to which reference should be made.
Currently, only Buyers who request products to be shipped within the European Union can use the CIRCLEBOX Subscription service.
The Buyer can activate an unlimited number of Subscriptions linked to their Account.
It is possible to activate only one Subscription per each order. Therefore if the Buyer wishes, for example, to activate 3 Subscriptions, he/she shall have to proceed with making three distinct purchase orders.
The Buyer can complete the order while including other products in the cart that are not part of the Subscription. However, these extra products shall not be taken into consideration for the purpose of reaching the minimum spending threshold required to obtain free shipping on Subscription products.
The Subscription shall continue to be valid until it is cancelled by the Buyer.
Buyers who subscribe to the CIRCLEBOX Subscription service shall benefit from the associated exclusive services:
- free shipping in Italy for CIRCLEBOX purchases over €50.00, €6 for lower amounts
- free shipping outside of Italy for CIRCLEBOX purchases over €70.00, €15.00 for lower amounts
- Personalised advice with a dedicated Oway Consultant and early access to promotional initiatives and events related to the Oway Agricosmetics world through preferential channels.
Changes made less than 4 days before the scheduled Order is sent will be effective from the next Order. The change in the automatic sending frequency of the Order will always be calculated from the date of the next scheduled Order (for example, if the first Order is placed by the Buyer on 15th May with a frequency of 4 weeks, the second order will automatically be sent on 12th June. If the Buyer changes the automatic sending frequency of the Order on 25th May, he/she will still receive his/her Order on 12th June, as the new sending frequency will only be calculated from the latter date). Changing the shipping address or the Products contained in the Subscription Order will result in its cancellation and the simultaneous creation of a new Subscription from which the automatic sending frequency of the Orders will be calculated.
The Buyer shall receive an email reminder 4 days before the shipment of their CIRCLEBOX Subscription order, indicating the products included in the order, the number of products and the amount to be paid. The aforementioned email shall also provide for the option to “modify” or “cancel” an order, which the Buyer may select following the appropriate procedure.
Orders already sent cannot be cancelled and/or modified.
ORDER SHIPPING AND DELIVERY
Rolland currently ships to Italy, to countries inside the European Union (Austria, Belgium, Bulgaria, the Czech Republic, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal, the United Kingdom, Romania, Slovakia, Slovenia, Spain, Sweden and Hungary).
Shipments are made by express courier.
The shipping cost in Italy is €6 for total order amounts below €65 and is free for higher amounts.
In France and in Germany the shipping cost is €15 for total order amounts below €120 and is free for higher amounts.
In Spain and England the shipping cost is €15 for total order amounts below €100 and is free for higher amounts.
In other countries within the European Union the shipping cost is €15 for total order amounts below €150 and is free for higher amounts.
Orders are normally processed and entrusted to the shipping company within 24 working hours starting from the time Rolland sends the order confirmation.
Delivery times to the Buyer start from the moment Rolland sends the email confirming that the products have been shipped to the Buyer and normally consist of:
- 1-3 working days for deliveries of products in Italy
- 3-5 working days for deliveries of products in the EU.
Users can view the expected delivery date for Subscription orders in their Personal Area, under the “MY CIRCLEBOX” page.
In case of a delay in delivery of more than 14 (fourteen) business days, the Buyer shall be entitled to cancel his or her Order. The Order must be cancelled within a maximum period of 30 (thirty) business days from the delivery date indicated in the shipment confirmation email, by sending an email to [email protected].
In addition to the cancellation of the Order as provided for above and exclusively in the event that the delay in delivery is attributable solely to Rolland and/or to the carrier, the Buyer shall be entitled to the reimbursement of any shipping costs incurred, provided that the Buyer returns the full Order to Rolland. Shipping costs shall be reimbursement according to the methods described in the Returns and Exchanges section, within a period of 14 (fourteen) business days from the date on which the goods are received.
In the event that the delay is not attributable to Rolland or to the carrier, the Buyer shall not be entitled to request a refund of the amounts paid, nor a new shipment of the products ordered.
In the event that the Order is not returned in its entirety, the Buyer shall not be entitled to request a refund of the amounts paid, nor a new shipment of the products ordered.
Non-compliance of the purchased Products
Where a non-compliance is identified, pursuant to Article 129 of the Italian Consumer Code, the legal guarantee referred to in Articles 130 and 132 of the same Regulation shall apply.
The Buyer shall therefore be entitled to the replacement/repair of goods not complying with the Contract of Sale.
In the event of receipt of Products which do not comply with the Contract of Sale, pursuant to articles 129 et seq. of the Italian Consumer Code, the Buyer forfeits all rights should he/she fail to notify Rolland of the non-compliance within the deadline of 2 (two) months from the date of discovery, as provided for in Article 132, section II of the Italian Consumer Code.
The non-compliance complaint shall be made to Rolland Customer Service by sending an email to [email protected], according to the procedure set forth in art. 3 below.
In any case, Rolland shall not be held responsible for any non-compliance that may arise after 2 (two) years from the delivery of the Product.
Direct action to assert any defects not maliciously concealed by the seller shall, in any case, be taken within 26 (twenty-six) months from the delivery of the goods.
In any case, the Buyer is required to report any packaging defects in the Products found at the time of delivery of the goods by the courier, detailing these on the transport document and indicating that the goods are accepted subject to checks. The Buyer shall also mention the packaging defect in the email reporting non-compliances sent to Rolland in accordance with the above terms and conditions.
In any case, unless proven otherwise, it is presumed that compliance defects which become apparent within six months of delivery of the Product(s) already existed on that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the non-compliance.
In the event of a non-compliance, the Buyer may request, alternatively and without charge, under the terms and conditions indicated below, the repair or replacement of the Product, unless the request is objectively impossible to satisfy, or is excessively costly for Rolland pursuant to Article 130, paragraph 4 of the Italian Consumer Code. In such cases, the Buyer may choose either a price reduction or the termination of the Contract of Sale. In any case, the Buyer is not entitled to request a price reduction or the termination of the Contract of Sale for a minor non-compliance for which repairing or replacing the Product is not possible or is excessively costly.
Rolland will communicate its willingness to process the request, or the reasons that prevent it from doing so, within 7 (seven) working days from its receipt. If the Buyer's request has been accepted, in the same communication Rolland will have to indicate the methods of shipping or returning the Product (s) as well as the expected deadline for returning or replacing the defective goods.
Procedure in case of conformity defects of the Products, evident or hidden
The Buyer or the recipient of the Order must report any evident or hidden conformity defects, relating to the Products ordered, to the Rolland Customer Service Centre by sending an email to [email protected]
The Rolland Customer Service Centre may ask for information relating to the identity of the Buyer or, eventually, the recipient of the Order, and may carry out any checks deemed useful. The Rolland Customer Service Centre shall provide information to the Buyer, or to the recipient, on the procedure to follow to return the non-compliant Product, or to obtain the missing Products.
Once the Products have been received, Rolland shall verify the integrity of the packaging and of the Products. With regard to the Products, Rolland shall assess whether the latter are actually defective, damaged or do not correspond to the description provided on the Website. Where the outcome of this inspection is positive, in accordance with the provisions of Articles 130 et seq. of the Italian Consumer Code, Rolland shall replace the non-compliant Product and shall send it to the Buyer within 14 (fourteen) business days from the receipt of the Products. The corresponding shipping costs shall be borne entirely by Rolland. In the event that Rolland is unable to replace the Products within the aforementioned timeframe, it shall immediately notify the Buyer at the email address provided at the time of purchase and refund the Buyer the cost of these Products and of the relative shipping costs, where the Buyer provides proof of the cost incurred to return the Products. Rolland shall process the refund in the manner indicated in the “Returns” section, within 14 (fourteen) business days from the date on which it has received the Products.
Rolland will also reimburse the shipping costs to the Buyer, but only if the Buyer provides proof of the cost incurred to return the Products.
In the event that, after examining the returned Products, Rolland reasonably and honestly believes that the Products cannot be considered defective, damaged or not compliant with the description provided on the Website, the Buyer shall not be entitled to a refund and the Products shall be returned to the same Buyer with shipping costs borne entirely by the latter. Likewise, the Buyer shall not be entitled to obtain the Products deemed missing by the Buyer should Rolland ascertain that the Order has been properly fulfilled.
- Right of withdrawal
Pursuant to Article 52 of the Italian Consumer Code, the Buyer shall be entitled to exercise the right of withdrawal from the purchase within 14 (fourteen) business days from the delivery of the Products. Specific return instructions are available on our Website, in the “Returns” section.
The Buyer may also withdraw in the following cases:
- if he/she has received the email from Rolland indicating additional shipping charges, which are not predictable at the time of the Order;
- if he/she has subscribed to a Subscription Service, by following the procedure indicated in the "MYCIRCLEBOX" page of the reserved area;
- following the amendment of the General Terms and Conditions of Sale, if he/she has subscribed to a CIRCLEBOX Subscription Service, by following the procedure indicated in the "MYCIRCLEBOX" page of the reserved area;
- in case of change in the prices of the Products, if he/she has subscribed to a Subscription Service, by following the procedure indicated in the "MYCIRCLEBOX" page of the reserved area.
Where the Buyer intends to return or change a purchase, he/she must send an email to [email protected] specifying the following information:
First and Last Name
Item Code of the article or articles he/she wishes to return
The reasons for returning the article or articles
The goods to be returned or to be changed must be sent to Rolland Srl’s operational headquarters at the following address:
Quickly Logistics House, 1/3 Localita’ Il Poggio Str. Provinciale 7, Gazzola, PC 29010 (Italy).
The Buyer is entitled to withdraw from the purchase without penalty. The only expenses to be borne by the latter shall be those relating to returning the product.
To obtain a refund of the amount paid, the Buyer must return the purchased items to the Rolland’s headquarters within 14 (fourteen) business days from the delivery of the Products.
Rolland S.r.l. reserves the right to refuse returns communicated or sent late, or products that are not in their original condition.
The Buyer undertakes to store the products received and in relation to which he/she intends to exercise their right of withdrawal with the utmost care and diligence, keeping them intact, together with their original packaging. The costs and risks associated with the transport for the return shall be fully borne by the Buyer.
Rolland shall not accept the return of products that are not intact, deteriorated or missing any parts or accessories.
Once Rolland has received the goods in accordance with the foregoing and carried out the necessary checks, it shall proceed to reimburse the Customer the amount due.
Within 14 (fourteen) business days from the receipt of the products, the Seller shall refund the Buyer as follows:
- if the payment for the goods being returned was originally made by credit card, the corresponding amount shall be refunded by crediting the credit card used for the purchase;
- if the payment was originally made through PayPal, the amount paid shall be refunded in accordance to the standard procedure of the PayPal platform, as described at the following link.
Rolland S.r.l. shall be responsible for violations of Italian legislation on consumer protection, pursuant to Legislative Decree 206/2005, attributed to the latter.
Rolland S.r.l. shall not in any way be responsible for any violations of these General Terms and Conditions of Sale, even if foreseeable, attributable to a third party, to the Buyer, to the occurrence of an event of force majeure, to unforeseeable circumstances or to any other event not directly attributable to Rolland S.r.l. through intent or gross negligence.
Moreover, Rolland S.r.l. declines all responsibility for direct and indirect damages, whether foreseeable or otherwise, related and/or in any way connected to the use of the Website and/or to the purchase of the Products by the Buyer.
The Buyer declares to be fully fit to act and enter into a contract for the purchase of Products on the Website based on these General Terms Conditions of Sale. In no case shall Rolland S.r.l. be required to verify the ability of visitors and of Buyers to act in relation to the Website.
Moreover, the Buyer also guarantees, assuming all responsibility and keeping Rolland harmless from any detrimental consequence, that his/her personal data, provided upon acceptance of these General Terms and Conditions, is true and accurate and makes it possible to identify the true identity of the Customer, who further undertakes to immediately inform Rolland in writing, including by email, of any changes to the data provided. The Buyer is also aware of the need to communicate a valid email address to Rolland in order to allow the Seller to send the Order confirmations and any other related communications.
Web content and intellectual property rights
The contents of the Website, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the same Website, including menus, web pages, graphics, colours, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software, are protected by copyright and by any other intellectual property right held by Rolland and by other related rights holders. The reproduction, modification, duplication, copying, distribution, sale or in any case the use of any images and content available on the Website are strictly prohibited, unless previously authorised in writing by Rolland. Any use of the content available on the Website for commercial and/or advertising purposes is also prohibited.
All other distinctive signs that distinguish the Products sold on Website are registered trademarks of their respective owners and are used by Rolland by virtue of a license or in its capacity as the owner thereof.
Any other unauthorised use of the aforementioned distinctive signs is prohibited. It shall in no way be permitted to use any distinctive sign published on the Website to take unfair advantage of the distinctive character or the reputation of these, or in such a way as to harm them and their owners.
In no case shall the user be entitled to alter, change, modify or adapt the Website, nor the material made available by Rolland.
The fact that one of the Parties does not assert a violation of any of the obligations set out in these General Terms and Conditions of Sale against the other, shall not be understood as a waiver to the future fulfilment of the obligation in question.
For all e-commerce services offered by Rolland, the law of the Italian State shall apply exclusively, regardless of the place of purchase or shipment of the Order. Any dispute relating to the existence, interpretation, execution or termination of these General Terms and Conditions of Sale and/or of the contract between the Buyer and Rolland, shall, in the absence of a transaction, fall under the exclusive jurisdiction of the competent Courts according to the place of residence or domicile of the Buyer.
European Commission Dispute Resolution Platform
The Buyer may attempt to resolve any disputes relating to the existence, interpretation, execution or termination of these General Terms and Conditions of Sale and/or to the contract concluded between the Buyer and Rolland out of court, by accessing the online dispute resolution platform made available by the European Commission at following link: http://ec.europa.eu/consumers/odr.
Rolland’s right not to adhere to the resolution of disputes through the aforementioned body shall, in any case, remain unaffected.