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Terms and conditions of use
These general conditions of sale apply to the purchase of products by users who can be classified as 'consumers' (i.e., persons who purchase one or more products for purposes not related to their own entrepreneurial, commercial, artisanal or professional activity, pursuant to and for the purposes of the so-called "Consumer Code") through the e-commerce site rubinimilano.com, owned by Rubini Design SRL Via Andrea Maffei, 1 Milan 20135, which deals with the sale of products as a 'seller'.
Any communication from the consumer connected and/or related to the purchase of the products – including any reports, complaints, requests concerning the purchase and/or delivery of the same, the exercise of the right of withdrawal, etc. – must be sent to the seller at the addresses and according to the methods indicated on the website rubinimilano.com and, in any case, to the e-mail address rubinimilano@gmail.com.
Each purchase is governed by these general conditions of sale in the version published on the aforementioned site at the time the order is sent by the consumer.
If one or more sales are made to a person who cannot be classified as a consumer within the meaning of the aforementioned legislation and specified above, i.e. by a professional - defined therein as any natural or legal person who places an order in the exercise of their entrepreneurial, commercial, artisanal or professional activity - these general conditions of sale will still apply but, in derogation of what is provided for therein:
At the same time as transmitting the purchase order, the consumer accepts that the confirmation of the information relating to the order placed, which will also contain the link to these general conditions of sale, will be sent to him via e-mail to the address declared by the same during registration on the aforementioned website or during the purchase process.
To make purchases through the rubinimilano.com website, the buyer must be of legal age (over 18 years of age).
The seller reserves the right to modify these general conditions of sale at any time, at its own discretion, without the need to provide any prior notice to users of the rubinimilano.com site. Any changes made will be effective from the date of publication on the aforementioned site and will apply only to sales concluded from that moment.
The products sold by Rubini Design SRL Via Andrea Maffei, 1 Milan 20135, through the aforementioned site are the products present in the electronic catalogue published on rubinimilano.com at the time the order is placed by the buyer and are sold with the characteristics described on the aforementioned site and according to these general conditions of sale in the version published on the site itself at the time the order is sent, with the exclusion of any other condition or term.
Rubini Design SRL points out that the images and descriptions of the products published on the site reproduce as faithfully as possible the real characteristics of the products themselves. It is understood that such images and descriptions may not be perfectly representative of the products and must therefore be considered indicative and with the tolerances of use.
The products for sale on rubinimilano.com, their prices and/or characteristics are subject to change without notice. Before sending the purchase order pursuant to the following point 3, the buyer is invited to verify the final sale price.
It should also be noted that the prices indicated in the electronic catalogue published on rubinimilano.com are to be understood as inclusive of VAT.
The presentation of the products on rubinimilano.com, not binding for the seller, represents a mere invitation to the consumer to formulate a contractual purchase proposal and not an offer to the public pursuant to art. 1336 of the Civil Code, with any decision regarding the acceptance of any proposals formulated remaining at the full discretion of the seller.
The purchase order sent by the buyer to the seller via the rubinimilano.com website has the value of a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the buyer, by sending the order to the seller, is required to accept in full and without any reservation. Before proceeding with the purchase of the products, by sending the purchase order, the user will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, inviting the user/buyer hereby to print a copy or to memorize or reproduce a copy for their own personal use.
The purchase order is accepted by the seller by sending to the buyer, to the email address declared by the latter at the time of registration on the rubinimilano.com site or at the time of sending the order (in the event of failure to register on the site), an email with which the order is confirmed and with which Rubini Design SRL Via Andrea Maffei, 1 Milan 20135, having verified the actual payment for the goods, will send the summary of the order placed and the description of the characteristics of the product ordered. The buyer expressly accepts that the execution of the contract by the seller will begin at the time of crediting the price of the product(s) purchased to the seller's current account. Each purchase contract for the products is considered concluded when the buyer receives confirmation of the order from the seller by email as specified above.
The buyer's order, the seller's order confirmation and the general conditions of sale applicable to the relationship between the aforementioned parties will be electronically archived by the seller in its computer systems (for 26 months) and the user may request a copy by sending an email to the seller at rubinimilano@gmail.com.
The price of the products is the one indicated on the rubinimilano.com website at the time the order is placed by the buyer. The prices include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable).
The purchase of products on the site can be done directly without prior registration.
Registration on the site is free and will give you the right to access special conditions of reserved promotions for future orders, to check your order history and to manage your personal data.
To register on the rubinimilano.com website, the user must fill out and send the appropriate form by entering the requested data (for example, name, surname, address, e-mail and telephone number). Registration will then be confirmed by sending a confirmation e-mail. The registration credentials must be used only by the user and cannot be transferred to third parties, the user committing to guaranteeing their confidentiality. The user guarantees that the personal information provided during the registration procedure on the website is complete and truthful and agrees to hold Rubini Design SRL Via Andrea Maffei, 1 Milan 20135, harmless and indemnified from any obligation to compensate and/or sanction and/or damage that the same may incur due to the violation by the user of the rules that govern registration on the aforementioned website and the purchase of products on the same.
The products presented in the rubinimilano.com website catalogue can be purchased by selecting them and adding them to the virtual shopping cart. Once the user has selected the chosen products, to continue with the purchase of the products added to the cart, the buyer will be asked to: (a) register on the rubinimilano.com website, providing the requested data, or (b) log in if already registered, or (c) simply provide their data in order to complete the order and therefore continue with the completion of the contract. If the data indicated in the order are different from those provided during registration on the website, the buyer must confirm their data (for example, indicating their name, surname, etc.), as well as the delivery address of the selected products (and possibly the different name of the recipient, if different from the buyer), the billing address and a telephone number where they can be contacted for any communications relating to the purchase made. The buyer will then be able to view a summary of the order to be executed, of which he can modify the contents and finally he will be asked to proceed with the purchase, which will then be definitively sent to the seller. The buyer will also be asked to choose the payment method from those available. If the buyer decides for the immediate payment method by credit card or PayPal, he will be required to communicate the relevant data, via a protected connection. Rubini Design SRL Via Andrea Maffei, 1 Milan 20135, does not have access to and does not store the credit card data used for the payment of the products and, if carried out through the PayPal system, the buyer will be directly redirected to www.paypal.it and will make the payment according to the procedure provided and regulated by PayPal to which reference is made, specifying that the data entered on this site will be processed directly by the latter.
Pursuant to and for the purposes of European Directive 44/99/CE, Legislative Decree 206/2005 and subsequent amendments (so-called Consumer Code), the seller guarantees the buyer that the products will be free from design and material defects and compliant with the descriptions published on the rubinimilano.com website for a period of 2 (two) years from the date of delivery of the products themselves. The application of any guarantee is excluded in the event of use of the product that is not compliant with that of the product and with the instructions/warnings provided by the seller or reported in the reference illustrative documentation, on the tags or on the labels.
Under penalty of forfeiture of this guarantee, the consumer has the obligation to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending a communication to the e-mail address rubinimilano@gmail.com, indicating the defect and/or non-conformity found as well as related photographic documentation.
Following receipt of the request and the related documentation, the seller will verify and evaluate, by means of specific checks, the defects and non-conformities reported. The consumer will have the right to repair or replacement of the product, where this is possible in consideration of the availability of the product, and unless the replacement or repair is excessively expensive for Rubini Design SRL Via Andrea Maffei, 1 Milan 20135, in consideration of the value that the product would have if there were no lack of conformity, the extent of such defect and the possibility that the alternative remedy can be experienced without significant inconvenience for the consumer.
If the seller is required to refund the consumer the price paid, the refund will be made, where possible, using the same payment method used at the time of purchase.
In order to proceed with registration, forwarding the order and therefore concluding the contract, the buyer must provide some personal data requested through the rubinimilano.com website which will be recorded and used by the seller in accordance with and in compliance with the legislation referred to in Legislative Decree no. 196/2003 and subsequent amendments (so-called Privacy Code) to execute each purchase made through the website and, subject to the buyer's consent, for any additional activities as indicated in the specific privacy information provided through the website.
For any further information on the methods of processing personal data, please refer to the Privacy Policy and Cookie Policy sections which the buyer declares to have read and accepted together with these General Conditions of Use.
All texts, images and trademarks appearing on the rubinimilano.com website are protected by copyright and intellectual property laws; therefore, any unauthorized use will be prosecuted pursuant to and for the purposes of the legislation in force on the matter. The user who has a personal website on the Internet and wishes to insert, for personal use, on his website a direct link to the homepage of the rubinimilano.com website, must request authorization from Rubini Design SRL Via Andrea Maffei, 1 Milan 20135 and, in this case, it will not be an implicit affiliation contract. Furthermore, any hyperlink to the rubinimilano.com website, using the framing, deep-linking, in-line linking or any other deep linking technique, is in any case prohibited.
The contract concluded between the seller and the consumer pursuant to these conditions of sale will be governed and interpreted in accordance with Italian law and, in particular, Legislative Decree 206/2005. Disputes between the seller and the consumer, arising from the contract thus governed, will be referred to the judge of the place of residence or domicile of the consumer, in the sense indicated above and in the Consumer Code, if located in the territory of the State. In all other cases, jurisdiction will be devolved exclusively to the Court of Milan.
General terms and conditions of sale
1.1 Rubini Design SRL Via Andrea Maffei, 1 Milan 20135 (hereinafter Rubini Design) is the owner of the online site rubinimilano.com (hereinafter also simply, site) on which the offers for the sale of luxury watches owned by the Supplier are published. Rubini Design offers users the technical possibility of purchasing on its site “luxury watches” (hereinafter also products) owned by the Supplier. The following general terms and conditions apply to the free use of the site.
2.1 Registration is only permitted to adults and is free of charge.
2.2 A current email address and a password are required for registration. The email address and password also serve as login data. Only one user account can be created with the same email address. The user will be informed by email of the receipt of his registration request. The user account will not be active until it is activated by Rubini Design. The user's email address will also be used for communication with Rubini Design and is essential for all contractually relevant correspondence between Rubini Design and the user.
2.3 The password is confidential and care must be taken to ensure that access to the user account is secure. Users are obliged to inform Rubini Design immediately if there is a risk that a user account has been misused by third parties.
2.4 The user account is strictly personal. The user does not have the right, without the express consent of Rubini Design, to transfer the profile to third parties. The user also does not have the right, without the express consent of Rubini Design, to allow third parties to access their user account using their access data.
2.5 You are responsible for all activities that occur while using your user account.
2.6 The user may purchase products on the platform even as a guest without necessarily having to be registered on the platform and have their own account.
2.7 Rubini Design may change the use of the site, individual functions or the scope of use of individual functions at any time.
The user is aware that a sale is considered completed through Rubini Design if the initial contact occurs through the platform, the buyer becomes aware of the object through the platform or if the use of Rubini Design has contributed to the conclusion of the sales contract. The presentation of the products on the site, not binding for the seller, represents a mere invitation to the consumer to formulate a contractual purchase proposal and not an offer to the public pursuant to art. 1336 of the Civil Code, with the seller retaining full discretion in any decision regarding the acceptance of any proposals formulated. The purchase order sent by the buyer to the seller through the site has the value of a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the buyer, by sending the order to the seller, is required to accept in full and without any reservation. Before proceeding with the purchase of the products, by sending the purchase order, the user will be asked to carefully read these general conditions of sale and the information on the right of withdrawal, inviting the user/buyer hereby to print a copy or to save or reproduce a copy for their own personal use. The purchase order is accepted by the seller by sending to the buyer, to the email address declared by the latter at the time of registration on the site or of the transmission of the order (in the event of failure to register on the site), an email with which the forwarded order is confirmed and with which Rubini Design, having verified the actual payment of the product, will send the summary of the order placed and the description of the characteristics of the ordered product. The buyer expressly accepts that the execution of the contract by the seller will begin at the time of crediting the price of the purchased product/s to the seller's current account. Each purchase contract for the products is considered concluded when the buyer receives the order confirmation from the seller by email as specified above. The buyer's order, the seller's order confirmation and the general conditions of sale applicable to the relationship between the aforementioned parties will be electronically archived by the seller in its computer systems (for 26 months) and the user may request a copy by sending an email to the seller at rubinimilano@gmail.com. The price of the products is the one indicated on the site at the time the order is placed by the buyer. Prices include standard packaging costs, VAT (where applicable) and any indirect taxes (where applicable).
The shipping, national and international, of the product purchased on the site and all procedures connected and linked to it are exclusively the responsibility of the Supplier. The purchasing user therefore, once the sale through the site has been concluded, will receive the purchased product directly from the Supplier.
5.1 The user, if the holder of his/her own account, must refrain from any activity aimed at disturbing the operational aspects and the technical infrastructure of the site and/or overloading it, under penalty of cancellation of the account in addition to the obligation to compensate for damages and in particular: use of software, scripts or databases in relation to the use of the platform; automatic reading, blocking, overwriting, modification, copying of data and/or other contents if not essential for the correct use of the platform; distribution and/or public display of any content from the platform without the approval of Rubini Design.
5.2 The data and contents obtained or made accessible to the user using the platform cannot be used in whole or in part to create a personal database in any format and/or medium for commercial uses of data or to provide information and/or for any other commercial use.
5.3 The user may not use the platform to send messages containing advertising content without the recipient's consent (spam).
5.4 The user is required to promptly inform Rubini Design in the event of a malfunction during the use of the platform or its functions.
6.1 The contract with the user is for an indefinite period and can be terminated with immediate effect at any time.
6.2 The parties retain the right to terminate the contractual relationship through termination for just cause. Rubini Design may withdraw from this contract without notice in the event of violation by the user of the provisions of clauses 2 and 5 of this contract.
6.3 In the event of just cause that permits termination without notice, Rubini Design may, at its discretion, deny access to the user account in lieu of termination. Rubini Design may also block access if the user has not used his or her login details for a period of at least one year. Termination will result in the user being unable to access his or her user account. Termination by Rubini Design is effective, among other things, if notified to the email address provided by him or her. Terminations by the user must be communicated in writing or by using the appropriate user account deletion function on the site.
7.1 Rubini Design will provide and operate its online site on a lasting basis, as far as possible, without interruptions. This is of course limited to services strictly connected to the Rubini Design site. However, the user acknowledges that complete and uninterrupted availability of the online site is not always technically guaranteed. Rubini Design is in particular free to limit access to the site in whole or in part, on a temporary or long-term basis, due to maintenance work, capacity considerations and other events unforeseeable and beyond the control of Rubini Design.
7.2 Rubini Design points out that the images and descriptions of the products published on the platform reproduce as faithfully as possible the real characteristics of the products themselves. Rubini Design carries out a pre-check of the contents and commercial offers published on its platform, although always prepared and transmitted to it by the Supplier. It is understood that such images and descriptions, therefore, may not be perfectly representative of the products and must therefore be considered indicative and with the tolerances of use. Rubini Design cannot therefore guarantee that the information and commercial offers published on its site are always correct, accurate, reliable, updated, applicable and/or complete. Rubini Design does not guarantee that the contents and commercial offers published are free from defects.
7.3 Liability for ordinary negligence affecting the availability of the site or its contents is excluded, to the extent permitted by law.
7.4 Rubini Design is not responsible for the actions of users or third parties. Nor do such third parties act as vicarious agents for Rubini Design. Liability for indirect and consequential damages is, to the extent permitted by law, excluded.
7.5 Rubini Design guarantees the buyer that the products will be free from design and material defects and will conform to the descriptions published on the site for a period of 2 (two) years from the date of delivery of the products themselves. The application of any guarantee is excluded in the event of use of the product that is not compliant with that of the product and with the instructions/warnings provided by the Supplier or reported in the reference illustrative documentation, on the tags or labels always originating from the Supplier.
7.6 Under penalty of forfeiture of this guarantee, the consumer has the obligation to report any defects and non-conformities within and no later than 2 (two) months from discovery, by sending a communication to the email address rubinimilano@gmail.com, indicating the defect and/or non-conformity found and related photographic documentation. Following receipt of the request and related documentation, the Supplier will verify and evaluate, by means of specific checks, the defects and non-conformities reported. The consumer will have the right to repair or replacement of the product, where this is possible in consideration of the availability of the product, and unless the replacement or repair is excessively onerous for the Supplier in consideration of the value that the product would have if there were no lack of conformity, the extent of such defect and the possibility that the alternative remedy can be experienced without significant inconvenience for the consumer. If the consumer is to be refunded the price paid, the refund will be made, where possible, using the same means of payment used at the time of purchase.
8.1 The user indemnifies Rubini Design from any third party claims in the event that a claim is asserted due to alleged or actual legal violations and/or infringement of third party rights in relation to the use of the site or Rubini Design services by the user.
8.2 The user undertakes to reimburse Rubini Design for all potential costs arising from a third party claim. Reimbursable costs also include the costs of appropriate litigation and legal defense, which Rubini Design would incur in order to defend itself from third party claims. In such a case, Rubini Design will promptly inform the user concerned of the legal defense measures to be taken.
In order to proceed with registration, forwarding the order and therefore to conclude the contract, the buyer must provide some personal data requested through the site that will be recorded and used by the seller in accordance with and in compliance with the legislation referred to in GDPR 679/2016 ss.mm.ii. (so-called Privacy Code) to execute each purchase made through the site and, subject to his/her consent, for any further activities as indicated in the specific privacy information provided through the site. For any further information on the methods of processing personal data, please refer to the Privacy Policy and Cookie Policy section that the buyer declares to have read and accepted together with these General Conditions of Use.
All texts, images and trademarks appearing on the site are protected by copyright and intellectual property laws; therefore, any unauthorized use will be prosecuted pursuant to and for the purposes of the legislation in force on the matter. The user who has a personal site on the Internet and wishes to insert, for personal use, on his website a direct link to the homepage of the site rubinimilano.com, must request authorization from Rubini Design SRL Via Andrea Maffei, 1 Milan 20135 and, in this case, it will not be an implicit affiliation contract. Furthermore, any hyperlink to the site rubinimilano.com, using the technique of framing, deep-linking, in-line linking or any other deep link technique, is in any case prohibited.
11.1 If one or more provisions of these Terms are or become unenforceable, this shall not affect the enforceability of the other provisions.
11.2 Rubini Design will communicate to the user in writing any changes to these provisions without it being necessary to send or otherwise communicate the individual modified provisions or the new version of the provisions in its entirety; it will be sufficient to notify the user that a change has been made and provide a link to the modified General Conditions. If the user does not object to the change in writing within 14 days of its communication, the change is considered accepted.
11.3 Rubini Design has the right to transfer this contract with potential buyers, including all additional agreements with all rights and obligations, to a company of its choice. In the event that this contract is transferred to another company, the user will have a special right of withdrawal, which must be exercised in writing within 14 days of communication by Rubini Design.
11.4 Italian law applies and the competent court for all disputes arising from and in connection with this contract is exclusively that of Milan in the event that the user is a legal person.
The contract concluded between the seller and the consumer pursuant to these conditions of sale will be governed and interpreted in accordance with Italian law. Disputes between the seller and the consumer, arising from the contract thus governed, will be referred to the judge of the place of residence or domicile of the consumer, in the sense indicated above and referred to in the Consumer Code, if located in the territory of the State. In all other cases, jurisdiction will be devolved exclusively to the Court of Milan.