1. The parties
1.1 In this document, ‘RAYTECH’ indicates the company Raytech S.r.l., with legal office in Settimo Milanese, Via Enrico Fermi 11/13 (MI), Milan company register and fiscal code no. 11325760152, Economic Administrative Register no. MI-1458135,Â firstname.lastname@example.org and ‘BUYER’ indicates the subject who, identified through their registration on the website www.raytech.it, has made an order concerning a RAYTECH product and which has been accepted by RAYTECH.
1.2. The Terms and Conditions listed here, along with the Order Confirmation, constitute a contract between RAYTECH and the BUYER for the provision of Products and is available in Italian, English, French, Spanish, German, Portuguese, Dutch and Russian.
2. Subject of Contract
2.1 Under this contract, RAYTECH sells and the BUYER buys remotely online, the fabric furniture goods displayed and sold on the websiteÂ www.raytech.it
2.2 These Terms and Conditions are applicable to all sales made between the BUYER and RAYTECH. No other term or condition or amendment of them, regarding the Orders made by the BUYER, will be applicable, even in the case of any specifications by the BUYER, except with the express approval in writing by RAYTECH, signed by a party authorised by RAYTECH
3. Method of placing an Order
3.1 To make an Order you must be a legal adult and contactable via a landline or mobile telephone.
3.2 Orders can be made by completing the Order Form which is available on the website www.raytech.it, after registering or creating your personal account, and clicking on the ‘Confirm Order’ button. No orders made in ways other than the method indicated above will be accepted.
3.3 When an Order is placed, RAYTECH will assign the BUYER an Online Order Number. By placing an Order, the BUYER is proposing a sale of RAYTECH Products chosen based on these Terms and Conditions. RAYTECH is free to accept or not to accept the proposal.
3.4. When the Order is accepted, RAYTECH will notify the BUYER that the Order has been accepted via an Order Confirmation which will be sent by e-mail. The Order Confirmation will be effective from the moment it is sent. When the Order is not accepted, RAYTECH will contact the BUYER via e-mail or telephone.
3.5 While RAYTECH will do everything it can to fulfil the provision of the Products in the Order Confirmation, it may occur that it will not be able to provide these Products because, for example, those products are no longer in production. In this case, RAYTECH will contact the BUYER to inform them and propose alternative Products that may be available. If the BUYER does not accept the alternatives proposed by RAYTECH, the Order concerning the Products that RAYTECH was not able to provide will be cancelled and the amount paid will be refunded within 30 days of the Order being placed. In all cases where RAYTECH is unable to send the BUYER the Products that were ordered, RAYTECH is not responsible for the unavailability of products and will not go beyond refunding the BUYER for any fees already paid.
4. Archiving the contract
4.1 Under article 12 of Legislative Decree 70/2003, RAYTECH informs the BUYER that each Order placed is kept in paper format at RAYTECH head office according to preservation and security criteria.
5. Publicity or promotional material
5.1 The information contained within publicity materials, brochures and other promotional material by RAYTECH on the RAYTECH website or provided to the BUYER by representative or dependent parties, constitutes an invitation to negotiation. None of the above information may be considered an offer to provide products.
6.1 The Prices of Products, and the relative delivery costs where applicable, will be indicated in an Invoice. VAT will be payable according to the rate indicated in the Invoice. The total of the Invoice will be visible on the Order Form screen, which precedes the confirmation of the order.
7. Use of products
7.1 The products sold by RAYTECH are suitable only for the purposes indicated and certified by RAYTECH or by the third-party manufacturers themselves.Â By way of example and not limited to, unless RAYTECH or the third-party manufacturer provides specific authorisation, the products should not be used for purposes which do not comply with the intrinsic and specific nature of the product, particularly where this use may be harmful to people’s health or where a malfunction could cause damage.
8. Payment method for Products
8.1. Payments will be made in legal currency in the amount indicated in the Invoice, by credit or debit card or bank transfer. If the payment is made by card, when the order is placed, the BUYER must enter their card information. RAYTECH will not send the Products selected by the BUYER until the card issuer has authorised the use of the card to pay for the Products ordered. RAYTECH will notify the BUYER if this authorisation is not received. RAYTECH reserves the right to verify the identity of the cardholder by requesting adequate documentation.
8.2. If the payment is made by bank transfer, the BUYER will receive a payment request. The manufacture and provision of Products to the BUYER will take place once payment is made successfully. If RAYTECH does not receive the payment of available funds within fifteen days of the Order being placed, it will be cancelled.
8.3 RAYTECH will send payment request, Invoice and Products to the address indicated in the Order Confirmation. In any case, RAYTECH will send documents solely via e-mail.
9. Sending Products
9.1 Products will be sent to the address indicated by the BUYER in the Order Form. RAYTECH will advise the BUYER via e-mail, to the address indicated in the Order Form, within 48 hours of the Product being received by the courier, and will provide delivery information in which the consignment details will be specified.
9.2 Once this e-mail is sent, the Buyer can no longer cancel the Order through the means described below in point 9.5 of these Terms and Conditions. In any case, the shipping document will constitute proof that the goods were transferred to the courier.
9.3. RAYTECH will take all reasonable measures to manufacture or acquire the Products ordered by the BUYER within 14 days of the Order Confirmation being issued. The estimated timeframe when the Order is placed is a prediction only for the construction or acquisition of the Product from third parties and does not include delivery time. Any terms for the delivery of Products that may be communicated will be considered non-essential and therefore in favour of RAYTECH, such terms will not determine a formal constitution for RAYTECH.
9.4 If the BUYER has ordered different Products at the same time, RAYTECH may send the Products on separate days.
9.5 The BUYER may cancel their Order up until confirmation that the ordered Product has been sent, by informing RAYTECH in writing and indicating the Online Order Number assigned to their Order.
9.6. The delivery of Products takes place Monday-Friday, between the hours of 0900 and 1200 and 1500 and 1800. The BUYER will be contacted by e-mail with delivery details within 48 hours of the consignment being taken by the courier.
9.7 Upon delivery, the BUYER must receive from the courier a signed copy of the shipping document, which must be preserved in case any returns need to be made under points 11 and 12 of this contract.
10. Ownership and Risks
10.1 The risk of loss concerning products is considered to pass to the BUYER upon RAYTECH sending them.
10.2 The ownership of material passes to the BUYER only following full payment to RAYTECH of the amount due for the whole consignment. RAYTECH, therefore, remains the owner of merchandise until this is paid in full under article 1523 Civil Code.
10.3 If payment is not made by the BUYER to RAYTECH for some and/or all of the provision of services, RAYTECH reserves the right to vary and/or change the sale price of merchandise.
10.4 RAYTECH reserves the right to reclaim materials that have not been paid for wherever they may be. The BUYER must provide maximum cooperation to RAYTECH as this right can be exercised.
11. Right to refund of Products
11.1 When the BUYER as a Consumer is not satisfied with the Products bought from RAYTECH, they may return the products and obtain a refund for the price of the unused Products returned. To this end, the BUYER must contact RAYTECH, at the addresses from here to point 27 and according to the method indicated from here to the following point of these Terms and Conditions, within 14 days following the consignment of the Product.
12. Method for returning Products
12.1. To return Products, the BUYER must telephone 0233500147 between 0900 and 1300 or 1400 and 1800, from Monday to Thursday or between 0900 and 1300 or 1400 and 1630 on Fridays, to agree terms of return.
12.1 The products must be returned, along with a copy of the shipping document for the return of goods as mentioned in point 9.6 of this contract, in their original packaging and they must not be damaged.
12.2. The reimbursement of the price paid for the purchase of the product does not include the shipping expenses for returning the goods, which is fully payable by the BUYER who intends to return their purchase. In no case will costs incurred by the BUYER through sending Products at the expense of RAYTECH be accepted (the so called Assigned Courier).
12.4. In the case that the BUYER sends back damaged or used Products, or does not return them within the time frame above, or they are not packaged as standard or completely, or the Product is lacking or has damage to certain parts, such as components, pieces, accessories, packaging materials, boxes, documents and/or other objects, RAYTECH reserves the right to refuse a refund of the purchase price.Â In this case RAYTECH is authorised to handle the costs relating to the respective IMPORTO to be reimbursed.
13. Raytech Manufacturer Guarantee
13.1. The guarantee of Raytech Manufacturers is applicable for 24 months from the shipping date for Products manufactured directly by Raytech, in all Territories of the Italian State. If the BUYER notices manufacturing defects on one or more Products, they must inform Raytech within 10 days of discovering any faults or defects.The request must be made in writing and must indicate the product which caused damage, the place and, with reasonable approximation, the date of purchase; it must also contain images of the product, if still available.
13.2. The guarantee excludes defects due to, or connected to, an improper use of the Products by the BUYER.
13.3 The guarantee is expressly limited to the repair or replacement of the defective product or, when this is not possible, to the refund of the purchase price. In no case can damages or other compensation claims be brought against RAYTECH for what is described above, including but not limited to, damage to image, delayed production, damages to persons or things, damages to machinery, etc.
13.4 Within the confines of the law, for products that are not part of the RAYTECH brand, all requests regarding a guarantee, where relevant, must be made in compliance with the terms and conditions of the manufacturer’s standard guarantee, which may be provided along with the Products purchased. In relation to any guarantee issued by the manufacturer, any guarantee requests must first be addressed directly to the manufacturer, or to RAYTECH via telephone (in this case RAYTECH will make every reasonable effort to resolve any problems in the interest of the BUYER).
13.5 The guarantee of Raytech Manufacturers is in addition, but does not replace, the legal one of 24 months dictated by the Consumer Code under articles 128-135.
14. Responsibility of Raytech
14.1 RAYTECH will not be held to other guarantees, terms, or conditions separate from those expressly established in these Terms and Conditions or by law. In particular, RAYTECH will not be responsible for any hypothetical instances of loss of earnings, of utilities, of contracts, of data or for any other direct or indirect damages of this kind.â€¨
15. Controls on Exports
15.1. With this contract, the BUYER agrees to respect all Laws on Exportation. Particularly, they agree to (i) not export the Products to any country that would be in violation of Exportation Laws and (ii) not export the Products to countries in which specific governmental authorisation or an exportation license is require, unless they have previously obtained the correct licenses and authorisations. The BUYER gives their express agreement and guarantees that they are not a citizen or resident or domiciled in a country to which the exportation of the Products is prohibited by any legal regulations on exportation.
16. Protection of confidentiality and handling of the BUYERS details
16.1. RAYTECH protects the privacy of their clients and guarantees that data handling conforms to what is prescribed in privacy laws under legislative decree of the 30th June 2003, n. 196.
16.2 Personal (ANAGRAF) and financial information is collected directly and/or through third parties by RAYTECH SRL – Via Enrico Fermi 11 – 20019 Settimo Milanese VAT number 11325760152, Administrative Economic Register 1458135 – Company Register MI 11325760152, data handler, which the BUYER may address, to the company address, regarding any requests. Information will be collected and handled in paper, digital and electronic format, relating to the handling method with the objective of registering the order and to activate the procedures concerning it to execute this contract and the relative necessary communications, beyond the fulfilment of any legal obligations, as well as to allow an effective management of commercial relations to the necessary extent in order to best provide the requested service (art. 24, paragraph 1, letter b, legislative decree 196/2003).
16.3 RAYTECH agrees to treat data and information transmitted by the BUYER confidentially and to not reveal it to unauthorised persons, nor to use it for purposes other than those for which it was collected or to transmit it to third parties. This data will be shown only upon request by the judicial Authority or other legally authorised authorities.
16.4 Personal data will only be communicated to subjects delegated to the completion of activities that are necessary for the execution of the signed contract and will be communicated exclusively towards this purpose.
16.5 The BUYER, under article 7 of legislative decree 196/2003, has the right to obtain:
a) the update, amendment or, when interested, the integration of data;
b) the cancellation or blocking of data, or to have it made anonymous, if it is in violation of the law, including those which do not need to be preserved in relation to the purposes for which they were collected or subsequently handled;
c) an attestation that the procedures in letters a) and b) have been made known, as well as their content, to the parties to which the data is communicated or diffused, excluding in cases where fulfilment of this is impossible or would involve means manifestly disproportionate to the rights being protected. The interested party also has the right to refuse, fully or in part: i) the handling of personal data about them for legitimate reasons, even if it is pertinent to the purpose for which it was collected; ii) the handling of personal data about them used to send publicity material or direct marketing or for completing market research or commercial communication.
16.6 The communication of their own personal data by the BUYER is a necessary condition for the correct and prompt execution of this contract. If not given, the order of the BUYER will not be able to be started.
16.7 In any case, the data acquired will be preserved for a time period no longer than necessary for the purposes for which it was collected or subsequently handled. Their removal will nevertheless be carried out securely.
17. Force Majeure
17.1 RAYTECH will make every effort to fulfil all the obligations assumed based on the Contract. RAYTECH will be in any case exonerated from any responsibility in the case of lateness or malfunctions due to circumstances outside of their control. In case of lateness, RAYTECH will fulfil the obligations assumed as far as is reasonably possible.
18. Applicable Law
18.1 The Contract between RAYTECH and the BUYER is regulated by Italian law. 18.1 For what is not expressly provided for, applicable laws valid to the relations and instances provided in this Contract.
20.1 RAYTECH will try to resolve any dispute swiftly and efficiently. If the BUYER is not satisfied with these attempts and wishes to turn to the Judicial Authority, any disputes will be exclusively subject to Italian jurisdiction.
21. Competent Tribunal for the Consumer Purchaser
0.1. If the BUYER is defined as a Consumer, the competent Tribunal for any litigation will be that of their place of residence or the elective domicile of the Consumer, binding under art. 33, paragraph 2, letter u) of legislative decree 206/2005.Â
22. Competent Tribunal for the Non-Consumer Purchaser
22.1 If the BUYER is not defined as a Consumer, the exclusive competent Tribunal for any litigation will the that of Milan.
23. Precedent agreements
23.1 This contract annuls and replaces any agreement, understanding, negotiation, written or spoken, previously having arisen between the Parties and concerning the subject of this contract.
24. Inactivity of the Parties
24.1. In the case where one or the other party should not enforce any one of the rights to which they are entitled under this Contract, this will not amount to an implicit renunciation of that right, which is therefore still valid in a second instance.
25. Principal of conservation of the contract
25.1. The eventual invalidity or ineffectiveness of one or more of the clauses in these Terms and Conditions, does not invalidate in any case the validity or effectiveness of the other contractual clauses.
26.1. The headings of the paragraphs in these Terms and Conditions are merely indicative of their content and are not to be considered part of the aforementioned Terms and Conditions or interpretative elements of it.
27. How to contact RAYTECH
Raytech may be contacted:
– By telephone, on the number 0233400147 between 0900 and 1300 and between 1400 and 1800 from Monday to Thursday and between 0900 and 1300 and between 1400 and 1630 on Fridays;
– By ordinary post, at the following address: Via Enrico Fermi n. 11/13/17 – 20019 Settimo Milanese (MI); â€¨The BUYER must always indicate, regarding questions about their Order, the Online Order Number assigned to them as standard.
In the context of these Terms and Conditions:Â ‘RAYTECH website’ indicates the website of RAYTECH through which it is possible to make purchases in Italian Territories. The address of the a forementioned website is as follows:Â www.raytech.it; ‘Contract’ indicates the terms and conditions indicated in this document along with the Order Confirmation for the trade of RAYTECH fabric furniture goods, stipulated between RAYTECH and the BUYER in the context of a remote online sale, organised by RAYTECHâ€¨’Buyer’ indicates the subject who, identified through their registration on the websiteÂ www.raytech.itÂ has made an order regarding RAYTECH products and which has been accepted by RAYTECH.Â â€¨’Consumer’ indicates a BUYER for whom the purchase of a product is outside their own commercial activity;Â â€¨’Exportation Laws’ indicates all laws, regulations and provisions of the United States, Europe Union and Italy that are applicable in the matter of exportation, re-exportation, transferral and resale of products;Â â€¨’Invoice’ indicates the invoice to be issued by RAYTECH for the price of products;â€¨’Order’ indicates the order made by the BUYER in compliance with these Terms and Conditions;â€¨’Order Form’ indicates the confirmation of the order issued by us containing the acceptance of the Order of the BUYER;â€¨’Product’ indicates any product present on the RAYTECH website that is provided according to these Terms and Conditions;â€¨’Online Order Number’ indicates the order number assigned by RAYTECH to the Order of the BUYER.â€¨’Working Day’ indicates any day that is not Saturday, Sunday or a public holiday in Italy.
Under articles 1341 and 1342 Civil Code it is declared that the following clauses are expressly accepted: 8. Payment methods for Products, 9. Sending Products, 10. Ownership and Risks, 12. Method for returning Products, 14. Responsibility of Raytech, 15. Controls on Exportation, 20. Litigation, 22. Competent tribunal for the non-Consumer Purchaser