- Introduction
1.1. The sale of “RAMA BY RAMA” branded products executed remotely through this site (hereinafter referred to as the “Website”) is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by RAMA BY RAMA Denmark ApS (hereinafter referred to as “RAMA BY RAMA”). RAMA BY RAMA is a company incorporated under Danish law, with registered office c/o Plesner Advokatfirma, Amerika Plads 37, 2100 Copenhagen east and Danish company registration number 00000000.
1.2. The use of the remote sale service governed by the General Terms and Conditions of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as “Customer” or, collectively, “Customers”) meaning natural persons acting for purposes not related to the business, entrepreneurial, artisanal or professional activities possibly carried out, over the age of 18 (or, if younger, authorised by their legal representative).
The resale or transfer of the products purchased on the Website for any commercial or professional purpose whatsoever is expressly prohibited.
1.3. The products offered for sale on the Website may only be delivered to an address in Denmark.
1.4. The language used to execute the sale contract through the Website is English.
1.5. The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.6. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website and into force at the time of the relevant purchase.
RAMA BY RAMA reserves the right to amend and/or integrate the General Terms and Conditions of Sale hereof at any time.
Any amendments and/or integrations shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published.
The replacement of the General Terms and Conditions of Sale hereof with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version with respect to purchases made after such previous version is removed from the Website, also in the event such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
- Product availability
2.1. The Customer acknowledges that the products offered by RAMA BY RAMA on the Website (hereinafter referred to as the “Products”) are limited in number and he/she is therefore aware that RAMA BY RAMA shall need to check their availability at the time of the purchase.
2.2. Occasionally the availability of certain Products may incur inconveniences. In such circumstances, RAMA BY RAMA shall inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed has been cancelled.
In the event the order is only partially available, the Customer will be informed about that. However, the Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire order as a whole. In such case the Customer will be asked if he/she either wishes to receive the Products that are available or fully cancel the order.
2.3. RAMA BY RAMA reserves the right to vary the articles sold on the Website at any time, without any notice.
- Purchasing process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article’s photographic images, unit price, colours and sizes (if applicable). For those Products expressly marked on the Website as “Pre Order” or as “Pre Ordered Product” or as “Personalized Products” being not yet ready to be shipped, the relevant dedicated link will also show the relevant estimated delivery date.
3.2. The Customer may purchase one or more Products, for a maximum of 4 units per Product, except as provided for certain types of Products. RAMA BY RAMA reserves the right to vary at any time the limitations to the number of Products that can be purchased through the Website.
3.3. The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the “Shopping Bag”).
A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, shall be included in the Customer’s Shopping Bag.
3.4. Although RAMA BY RAMA constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, RAMA BY RAMA shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.5. To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page.
Before confirming the relevant order (hereafter referred to as the “Order”), the Customer is required to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.6. The purchasing process is completed as soon as the Customer presses the relevant final Order confirmation button (hereinafter referred to as the “Buy Button”), thereby validating his/her Order, which will be directly submitted to RAMA BY RAMA.
After pressing the Buy Button, the contents of the Order may no longer be modified by the Customer.
3.7. Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the purchasing process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale.
3.8. The purchasing process must be fully completed; failure to do so entails that the Order cannot be submitted to RAMA BY RAMA.
3.9. Each Order and the Customer’s data required for the purchase shall be stored by RAMA BY RAMA for the time period provided for and in compliance with the applicable laws currently into force.
Any use of the Customer’s data for purposes other than the purchase shall be subject to the relevant Customer’s prior and express consent pursuant to the conditions set forth in the “privacy policy statement” published on the Website.
3.10. Customers who have registered to log in the reserved area of the Website may check their Order status by logging in such area and accessing the ‘My Orders’ page.
3.11. The Customer is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase.
3.12. The Customer is aware that on the Website he/she may have also the opportunity:
- to pre-order a selection of Products before their commercial launch or distribution and placement in the market, and
- to order Products which he/she wishes to permanently personalize by adding non-removable customizations according to the modalities indicated on the Website (by way of example through hot stamping).
The Customer acknowledges that such Products are not yet available for the delivery at the time of the submitting of the relevant Order. The Products which may be pre-ordered by the Customers are clearly identified and marked on the Website through the wording “Pre Order” or “Pre Ordered Product”, and the Products which may be personalized by the Customers are clearly identified and marked on the Website through the wording “Personalized Products”.
3.13. The Customer acknowledges and agrees that if he/she pre orders a Product, and/or orders a Personalized Product the relevant price shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, as defined in the below section 4.2, although the Pre Ordered Product and the Personalized Product are not ready to be shipped at that moment.
The Pre Ordered Product and the Personalized Product will be delivered to the Customer within the relevant estimated date specified in the Product page description.
In case the Order sent by the Customer contains also one or more Pre Ordered Products and/or Personalized Products in addition to the Products already available, all the relevant prices related to such Order shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, even if such Pre Ordered and Personalized Products will be delivered at the relevant estimated delivery dates specified in the Product pages description.
3.14. Any further specification related to the payment, delivery and confirmation of the Pre Ordered Products and of the Personalized Products are referred below in the respective sections.
3.15. The Customer acknowledges and agrees that, except for what is specifically provided herein for the Pre Ordered Products and for the Personalized Products, the other sections of these General Terms and Conditions of Sale hereof will apply also to the Pre Ordered Products and to the Personalized Products.
- Execution of contract
4.1. Upon confirmation of the Order, the Order is submitted to RAMA BY RAMA for processing and cannot be further modified or cancelled.
The Order placed by the Customer shall be processed by RAMA BY RAMA only if the entire purchasing process has been duly completed, without any error being reported by the Website.
After placing the Order, the Customer will receive without undue delay an e-mail acknowledging that RAMA BY RAMA has received the Order. However, this does not mean that the Order has been accepted. RAMA BY RAMA’s acceptance of the Order and the conclusion of the contract will take place as described below in section 4.2.
4.2. The contract by and between RAMA BY RAMA and the Customer shall be deemed to have been executed as soon as the Customer receives one or more confirmation emails from RAMA BY RAMA (hereinafter referred to as the “Confirmation Email”).
The Confirmation Email shall be sent to the address indicated by the Customer in the order form and shall set forth the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product’s description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on the Customer’s right of withdrawal and its exercise.
4.3. RAMA BY RAMA reserves the right to not accept the Order placed by a Customer in the following events:
- a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between RAMA BY RAMA and the Customer relating to a previous Order ;
c) the Customer breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Customer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Customer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, RAMA BY RAMA shall inform the Customer by email, within 30 (thirty)days from the date of receipt of the Order, of the cancellation of the Orders received. In such case, no Order shall be deemed to have been accepted by RAMA BY RAMA.
4.4. In the event of partial availability of the Products, if the Customer has selected the option to receive the entire Order as a whole, he/she will be asked if he/she either wishes to receive the Products that are available or fully cancel the Order. If the cancellation is only partial, the Customer shall only be charged for the price of the Products actually purchased.
The Customer agrees and accepts to receive only the Products available, unless he/she has selected on the Website the option to receive the entire Order as a whole.
- Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2. The relevant prices shall be shown in Danish krone (DKK).
5.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
In any event, RAMA BY RAMA shall seek the Customer’s express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Shopping Bag section upon confirmation by the Customer of the Order by pressing the Buy Button shall, be charged to the Customer, provided that the Products ordered are available in that moment, except for the Order containing Pre Ordered Products and/or the Personalized Products for which the relevant amount shall be charged in advance according to the following clause 5.6, even if they are not yet ready to be shipped at that moment.
RAMA BY RAMA reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice.
5.5. RAMA BY RAMA only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation, and (iii) RAMA BY RAMA’s confirmation that the product is available and, in any event, after the Order is ready to be processed.
Both for the Orders containing only Pre Ordered Products or Personalized Products and for the Orders containing also Pre Ordered Products and/or Personalized Products the total transaction amount will be charged for all Products – namely all those Products already available at that moment, and the Pre Ordered Products and/or the Personalized Products not yet ready to be shipped at that moment – at the moment of the Confirmation Email.
No amount will be charged at the time of submission of the Order.
5.7. For the purposes of payment through other payment service providers, the Customer confirms and warrants that he/she is the owner of the account used for the purchase.
Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from RAMA BY RAMA.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
In the event the Customer cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and the Customer shall be subsequently notified accordingly.
5.9. In the event one or more Products are unavailable and the Customer has decided not to fully cancel the order, he/she shall only be charged the price of the available Products and the possible related shipping costs.
- Delivery
6.1. The Customers will receive the Products separately as soon as they are ready for shipping, unless the Customer has selected on the Website the option to receive the entire Order as one shipment. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer’s signature shall be requested upon delivery of the Products.
6.2. For security reasons, RAMA BY RAMA shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the country indicated above (section 1.3). In light of the foregoing, any Order entailing delivery outside of this country shall be automatically rejected upon processing of the Order.
6.4. In the event the Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense upon completion of the filling in of the Order and prior to pressing the Buy Button.
6.5. In compliance with the applicable laws currently into force, the term within which RAMA BY RAMA is required to deliver the Products purchased is 30 (thirty) days of the date of execution of the contract, with the exception of events of force majeure.
In every case in which the relevant Order refers to the Pre Ordered Products and/or the Personalized Products, the delivery date shall be longer than 30 days and RAMA BY RAMA shall deliver these Products at the estimated delivery dates or during the estimated delivery period agreed upon with the Customer, as shown to the Customer in the Product page description.
6.6. In the event RAMA BY RAMA does not deliver the Products ordered within the above term, the Customer shall request that RAMA BY RAMA delivers such Products within an additional term adequate to the circumstances, in accordance with the applicable laws currently into force.
The Customer shall in any event have the right to immediately terminate the contract if the Product ordered is not delivered within the additional term specified.
6.7. RAMA BY RAMA shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and the Customer will receive the Products separately upon their availability to be shipped, unless he/she has selected on the Website the option to receive the Order as a whole. RAMA BY RAMA may either charge the Customer for the Products as and when these are shipped or as a single payment.
6.8. As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery.
RAMA BY RAMA’s Client Service shall provide the assistance required for any potential problem relating to the delivery. Customers may contact RAMA BY RAMA’s Client Service by email at: support@ramabyrama.com.
6.9. Alternatively to the delivery by courier, the Customer may request to collect the Products purchased directly from a store which may be selected on the Website at the time of the purchase, provided that the relevant Order does not contain any Pre Ordered Products and/or any Personalized Products. In the event the Customer does not collect the Products within 30 (thirty) days of receipt of the email informing him/her that the Product is available for collection, the sale may be cancelled by RAMA BY RAMA. In such case, the Customer shall be informed by email of such cancellation and shall be refunded any amounts already paid.
6.10. The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Customer or a third party appointed by the Customer, RAMA BY RAMA shall refund the Customer any amounts already paid.
- Product Conformity
7.1. At the time of delivery, the Customer is required to check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of “RAMA BY RAMA” Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to the Customer.
7.2. In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. If any of the cases provided for by the law applies, the Customer may request a congruous reduction in price or the termination of the contract and subsequent refund of the purchase price paid. It is understood that the Customer shall lose such right if he/she does not notify to RAMA BY RAMA the lack of conformity of the Product within 2 (two) months of the date the defect was discovered. In any event, notifications to RAMA BY RAMA aimed to claim defects of the products can only be brought within 24 (twenty-four) months of the delivery of the relevant product.
7.3. In order to notify the existence of product defects and lacks and to demand one of the remedies listed above, Customers may contact RAMA BY RAMA at the addresses indicated in section 12 below.
- Returns and refunds – Withdrawal
8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
8.2. In order to exercise the right of withdrawal, Customers may use the specific form accessible in the “Returns” section of the Website or directly in the “My Account” section if the relevant Customer is registered on the Website. To this end, Customers shall be required to: (i) fill in the online form with the information required, (ii) apply on the parcel the sticker with the return address found therein, (iii) prompt a withdrawal request to the courier appointed by RAMA BY RAMA by sending an email to RAMA BY RAMA.it@dhl.com with a copy to support@ramabyrama.com, specifying the address, telephone number and the selected date of collection of the parcel, such date to be confirmed with the courier.
A form with the instructions for product returns shall be put into each parcel containing the Products purchased.
8.3. In the event the Customer complies with the procedure set forth in the preceding paragraph, the courier appointed by RAMA BY RAMA shall collect the parcel containing the Products to be returned with no charges to the Customer.
If, on the other hand, the Customer does not comply with such procedure, the return costs and any liability for loss, theft, damage or delay in the delivery shall be borne by the Customer.
8.4. The Customer may also be communicated the address the Products must be returned to by contacting RAMA BY RAMA at the following email address: support@ramabyrama.com.
8.5. The Customer undertakes to return the Products for which he/she has exercised the relevant right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal is notified to RAMA BY RAMA.
8.6. RAMA BY RAMA shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged. The Customer is also informed that, based on security and hygienic-sanitary reasons, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed.
RAMA BY RAMA reserves the right to charge the Customer for any decrease in value of each Product which is due to other handling than necessary to establish the kind, properties and function of such Product.
In the event the return is subject to a deduction of repayment, RAMA BY RAMA shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving as well the right to claim compensation for any damage attributable to the Customer’s behaviour.
8.7. RAMA BY RAMA shall refund any amounts due for the Products returned without undue delay and in any case within 14 (fourteen) days from the date on which RAMA BY RAMA becomes aware of the exercise by the Customer of the right of withdrawal.
In any event, RAMA BY RAMA reserves the right to withhold the refund either until receipt and verification of the Product or until proof by the Customer that he/she has returned the product duly and in intact conditions, whichever occurs first.
The aforementioned refund shall be made by crediting the amount paid by the Customer subject to potential deduction with the same payment method used for the purchase, unless otherwise expressly agreed by the Customer and provided that no costs are incurred as a result of the refund.
RAMA BY RAMA shall inform the Customer by email of refund of the amount.
8.8. RAMA BY RAMA shall not be under the obligation to refund the delivery costs of the Products in the event the Customer has specifically selected a delivery method other than the standard delivery offered by RAMA BY RAMA.
8.9. The return of Products under this section is only permitted in respect of purchases made on the Website.
8.10. In consideration of the fact that the Personalized Products are products permanently modified, and personalized specifically for the Customer, and that their original manufacture cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer in relation to any Personalized Products. Accordingly, the provisions contained in this section 8 will not apply to the Personalized Product, being understood that the exclusion of the Personalized Products from the right of withdrawal will not affect the application of the legal guarantees, provided for in the above section 7, also to such Products.
- Limitation of liability
9.1. Except in the event of wilful misconduct or gross negligence, RAMA BY RAMA shall in no way be liable vis-à-vis the Customer for any indirect or consequential damages that may arise from the purchase of the Products offered for sale on the Website.
- Product authenticity and intellectual property rights
10.1. RAMA BY RAMA warrants the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The “RAMA BY RAMA” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “RAMA BY RAMA” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the RAMA BY RAMA Group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
- Disputes
11.1. The General Terms and Conditions of Sale hereof are governed by Danish law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.
11.2. If the Customer has a complaint over or a dispute with RAMA BY RAMA, the Customer can complaint to “Center for klageløsning” or via regular post or e-mail to the following address Nævnenes Hus, Center for Klageløsning, Toldboden 2, 8800 Viborg, Denmark, or e-mail: nh@naevneneshus.dk.
11.3. Alternatively, the Customer can apply to the European Commission online platform for dispute resolution out-of-court, available at the following link: http://ec.europa.eu/consumers/odr/.
- Contact details
12.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to the following address: support@ramabyrama.com or contact the E-commerce Client Service, bredgade 28, 1260 Copenhagen, Denmark, or may call our international toll-free number 00800 800 RAMA BY RAMA – 00800 800 77232.
Last updated: February 20th, 2019
OMNICHANNEL SALES
- Overview
1.1. Any sale of products bearing the RAMA BY RAMA Group trademarks (the “Products” or the “Product”) concluded by means of distance sale, including sales subject to Customer approval, shall be governed by these General Terms and Conditions of Sale.
The Products are sold directly by the RAMA BY RAMA Group company, located in one of the countries belonging to the European Economic Area, in the United Kingdom or in Switzerland, which is responsible for the sales outlet or commercial structure that manages the sale process of the Products to the consumer (hereinafter referred to as the “Company”) or that delivers the Product, in case of sales subject to approval.
The Company’s details shall be specified in the Purchase Offers, as well as in the delivery note or receipt issued by the sales outlet and in the Confirmation of Sale as defined below.
These General Terms and Conditions of Sale contain important information on the rights and obligations of consumers, as well as the limitations and exclusions applicable to them, and govern the distance sale between the Company and the consumer.
1.2. The use of the distance sale service governed by these General Conditions of Sale is reserved exclusively for consumers (“Customers” or “Customer”) understood as natural persons acting for purposes that are not primarily related to their own commercial, industrial, productive, entrepreneurial, artisan or professional activity, over 18 years of age (or, if under age, having attained legal capacity in accordance with the rules of their country, and/or acting with the consent of or through their legal guardian or authorised by their legal representative), or as legal persons acting for purposes other than resale and, more generally, business purposes.
The resale or transfer for any commercial or professional purposes of the purchased Products is expressly prohibited.
1.3. The Products may only be delivered in the Country hosting the registered office of the Company in which the sales outlet or the commercial structure that manages the relevant sales process is based. The Customer is invited to contact the Client Service to verify whether the Company may also deliver in other territories.
1.4 The languages used for the conclusion of the distance sale contract are: English, Italian, French, German, Spanish and Portuguese.
1.5 These General Terms and Conditions of Sale are made available to the Customer to allow him/her to know, store and reproduce them in accordance with the regulations in force.
1.6 The contract of sale relating to the Products is governed exclusively by the General Terms and Conditions of Sale in force at the time when the Customer makes his/her purchase request, receives the sale proposal, or receives the Products subject to approval pursuant to the regulations in force and in accordance with the procedure set out in Articles 3.1, 3.2 and 3.3.
1.7 “Distance Sale Subject to Approval” means any sale concluded following the Customer’s approval of the Products made available to him/her by the Company within the terms indicated by the Company or, in the absence of approval, following their failure to be returned within the return terms indicated in the Purchase Offer Subject to Approval.
- Product Availability
2.1. The Customer acknowledges that the Products are limited in number and is therefore aware that the Company must check their availability following receipt of the purchase request by the Customer. The Company will use every reasonable effort to ensure that the availability of the Products is as up to date as possible.
2.2. There may be occasional inconveniences in relation to the availability of certain Products. In such circumstances, the Company will promptly inform the Customer (and in any case within the terms specified below), by email and/or telephone, that his/her purchase request has not been accepted due to the unavailability of the Products, possibly inviting the Customer to confirm his/her request with regard to available Products only.
2.3 The Company reserves the right to change the Products offered for sale at any time, without prior notice.
- Purchasing procedure
3.1. The Customer’s interest in purchasing the Products is received by the Company by telephone or by other telematic, digital or paper means, or in the shops. Following the indications received from the Customer, the Company will send an email summarising the purchase request (“Purchase Offer”) or, in the case ofDistance Sale Subject to Approval, an email summarising the Products that will be made available to the Customer (“Purchase Offer Subject to Approval” and, together with the Purchase Offer, “Purchase Offers”).
The Purchase Offers shall contain all the pre-contractual information useful for the possible subsequent conclusion of the sale, such as, by way of example, the Company’s details, the description of the Product, the sizes, the colour, the quantity, the price, the right of withdrawal and the modalities for exercising it as well as, in the Purchase Offer Subject to Approval, the compulsory period of time within which the Customer must confirm his/her or her acceptance of all or some of the Products received as well as any other information necessary for the valid execution of the contract according to the applicable mandatory law and, in attachment or by link, the General Terms and Conditions of Sale and the Privacy Policy. The Purchase Offer shall also contain the pay by link to make the payment of the price of the Products that will be collected by the Company upon confirmation of Product availability and of the shipping to Customers. Purchase Offers are for a fixed period of time.
At the end of the period indicated in the Purchase Offer, the Customer may no longer use pay by link and any intention to purchase expressed by the Customer after the expiry of the period will not be considered valid. The Company, therefore, shall not be liable for any change in the price of the Products. In this case, the Customer shall again express to the Company his/her interest in purchasing the Products in accordance with this Article 3.1 and shall receive a new Purchase Offer together with a new payment link.
3.2. The Customer must check the accuracy of the Purchase Offers’ content and report any errors, additions, or changes to their content. The Company will therefore send new Purchase Offers with the changes indicated by the Customer by email.
In the event of a distance sale other than a sale subject to approval, the Customer shall confirm the Purchase Offer directly via the pay by link contained in the Purchase Offer, within the terms indicated therein. Confirmation of the Purchase Offer by the Customer via pay by link shall be construed as an express and unequivocal manifestation of the Customer’s intention to purchase the Products, if available, in accordance with the Purchase Offer received, as well as full acceptance of these General Terms and Conditions of Sale (which must be saved by the Customer) and of all the terms indicated in the Purchase Offer, as well as confirmation by the Customer that he/she has read the Information on the processing of personal data (hereinafter “Purchase Confirmation”).
In the event of a Distance Sale Subject to Approval, the Customer must indicate to the Company his/her approval of all or part of the Products by the date indicated in the Purchase Offer Subject to Approval.
3.3. The purchase is concluded when, upon verification of the availability of the Products, the Customer receives confirmation of the purchase and shipping by the Company.
In the event of a Distance Sale Subject to Approval, the Customer expressly acknowledges the Company’s right to temporarily block an amount in the Customer’s payment card equal to the total price of the Products made available to the Customer, it being understood that no charge will be made for Products returned at the end of the period granted for the expression of satisfaction, without prejudice to the provisions of article 8.12 below.
If the Customer expresses his/her interest in purchasing a Product that is currently unavailable from a sales outlet, the sales outlet will send the Customer a summary of the Products ordered and the relevant prices by email, making available the General Terms and Conditions of Sale and the Privacy Policy.
3.4. The Company will store each Purchase Offer and Purchase Offer Subject to Approval as well as the Customer’s data required for the purchase for the period of time and in accordance with the conditions provided for by the applicable legislation.
The sale of the Products to Customers in accordance with the General Terms and Conditions of Sale implies the processing of the Customers’ personal data by the Company. In particular, the Company shall process the Customer’s personal data in accordance with EU Regulation No. 679/2016 (“GDPR”) and/or any other applicable personal data protection legislation. The purposes and methods of processing are specified in the “Privacy Policy” provided to the Customer.
3.5. The Customer is aware that he/she is responsible for the correctness and truthfulness of all data transmitted to the Company and contained in the Purchase Offers confirmed by the Customer.
- Execution of the contract
4.1. The contract of sale shall be deemed to have been executed:
- a) in the event of a distance sale other than Distance Sale Subject to Approval, when the Customer receives confirmation of the purchase and shipping of the Products (hereinafter referred to as “Confirmation of Sale”).
The Confirmation of Sale will also contain a summary of the purchase conditions, such as: the description of the Products purchased and their main characteristics, the price of the Products and the total price of the order, including any taxes and shipping costs, the address to submit any communications, information on after-sales services, the existence of the right of withdrawal and how to exercise it;
b) in the event of a Distance Sale Subject to Approval, when, and for the Products for which, the Customer communicates to the Company by email his/her satisfaction (hereinafter referred to as “Confirmation of Approval”), or at the expiry of the period granted by the Company to express his/her satisfaction without any notice having been sent by the Customer, and without the Products made available to the Customer having been returned.
Upon receipt by the Company of the Confirmation of Approval, or upon expiry of the period for expressing satisfaction without any notice from the Customer and without any return of the Goods, the Company shall charge the price of the Goods delivered to the Customer, and any other costs if specifically indicated in the Purchase Offer Subject to Approval. The price of the Products will also be charged to the Customer in the event that the Customer returns Products that have been used or in any other way tampered with, as better specified in Article 8.12 below.
4.2. In the event that a Product, which was not available when requested by the Customer at a sales outlet, continues to be unavailable, the Company shall contact the Customer to inform him/her that the Product is unavailable, agree on the price refund procedures and the contract of sale shall be considered definitively terminated. Alternatively, with the express consent of the Customer, the parties shall agree on the replacement of the unavailable Product with another Product of equal or greater value if the Customer agrees to pay the Company the difference between the price already paid for the unavailable Product and the price of the new Product, where possible. Alternatively, the parties may agree on the issue of a voucher of a value equal to the price paid for the unavailable Product, to be spent, within one year from its issue, for the purchase of other products at the same or other sales outlets of the same type (boutique or outlet), in the same Country in which the sales outlet that made the sale is located.
4.3. The Company reserves the right not to accept one or more of the Customer’s purchase requests in the following cases:
- a) non-availability of the Products requested by the Customer;
b) failure to confirm or receive the payment within the deadlines indicated by the Company;
c) the existence of a legal dispute between the Company and the Customer relating to a previous order;
d) if the Customer has on previous occasions breached the General Terms and Conditions of Sale or failed to fulfil its obligations;
e) if it transpires that the Customer purchases the Products with a view to reselling or transferring them for commercial or professional purposes;
f) if the Customer has been involved in or is suspected of illegal or fraudulent activities.
In the aforementioned cases, the Company shall notify the Customer by email, within 30 (thirty) days from the date of actual receipt of the purchase request or, in the event of an advance payment at the sales outlet, within 30 (thirty) days from the conclusion of the contract, respectively, of any cancellation of the request received and of the contract. In such case, no request for purchase by the Customer shall be deemed accepted by the Company and/or no contract shall be deemed concluded between the Company and the Customer, and any payment made by the Customer for the purchase of the Product shall be refunded by the Company.
With specific reference to purchases made in the Principality of Monaco: (i) in the event of total unavailability of the Products, the Customer will be asked whether he/she wishes to receive an available Product at the same price as the unavailable one or to cancel his/her purchase request in full and be reimbursed the price paid, if payment has already been made (this reimbursement will take place within 30 days following the cancellation); (ii) if, however, the Products ordered are only partially available, the Customer will be given the choice of receiving the available Products plus other available Products at the same price as the unavailable ones, or cancelling his/her purchase request entirely.
If the cancellation is only partial, the Customer will only be charged the amount of the Products actually purchased.
- Price and payment method
5.1. The prices of all Products offered for sale by means of distance sale are inclusive of VAT or any relevant locally applicable taxes.
5.2. These prices will be indicated in Euro (EUR) if the Products are delivered in the European Economic Area, with the exception of Products to be delivered in Norway, where prices shall be indicated in Norwegian Kroner (NOK), in Sweden, where prices shall be indicated in Swedish Kroner (SEK), in the Czech Republic, where prices shall be indicated in Czech Koruna (CZK) and in Denmark, where prices shall be indicated in Danish Kroner (DKK). Prices for Products delivered to the United Kingdom will be quoted in British Pounds (GBP) and prices for Products delivered to Switzerland will be quoted in Swiss Francs (CHF). Any other or different currencies may be indicated in the Purchase Offers and the Confirmation of Sale.
5.3. The total amount of the price shown in the Purchase Offer includes any shipping costs, which shall be indicated separately in accordance with Article 6.4.
In any event, the Company will seek the express consent of the Customer for any additional charges, if applicable.
5.4. The Customer shall be charged the prices stated in the Purchase Offer.
5.5. The Company only accepts the payment methods indicated to the Customer and set out in the Purchase Offer (by way of example, pay by link and vouchers issued by the Company or by the sales outlets it manages).
5.6. The Products purchased will only be dispatched once the payment of the amount due by the Customer has been successfully made, with the exception of Distance Sale Subject to Approval. In the event of a Sale Subject to Approval, the Products will be shipped following the temporary blocking of an amount on the Customer’s payment card (pre-authorisation) equal to the total price of the Products requested.
- Delivery
- Rules applicable to distance sales other than sales subject to approval.
6.1. The Products will be shipped to the Customer as soon as the Company receives confirmation of payment or, in the event of payment made at the sales outlet, as soon as they are available. The Products will be shipped to the address indicated in the Purchase Offer. The Customer’s signature may be required upon delivery of the Products.
If the Company is unable to deliver the Products to the address provided due to the Customer’s absence, the Client Service, the sales outlet or the courier appointed by the Company will contact the Customer to arrange a new delivery.
If the Product is to be delivered in Slovenia and cannot be delivered for reasons not attributable to the Company, within eight (8) days after the date on which the Product is made available for delivery, the Company shall assume that the Customer wishes to withdraw from the contract. Following withdrawal from the contract, all payments received by the Customer shall be refunded and the contract shall be deemed to have been definitively terminated.
6.2. For security reasons, the Company will not process any purchase request addressed to a P.O. box and will not accept any purchase request in which the natural person to whom the request is addressed, and his/her address may not be identified.
6.3. The Products may only be delivered in the Country or territory to which the Company delivers, as set out in Article 1.3 above.
Therefore, any purchase requests with shipments to be made outside such Country or territory will be automatically rejected. The Customer may in any case submit a new purchase request indicating a different delivery address, in accordance with Article 1.3.
6.4. In cases where the Customer is charged shipping costs, these shall be expressly stated, separately from any other costs or expenses.
6.5. In accordance with applicable legislation, the term within which the Company must deliver the Products purchased is maximum 30 (thirty) days from the date of conclusion of the contract, except in cases of force majeure.
6.6. To the extent permitted by the applicable legislation and by these General Terms and Conditions of Sale, if the Company does not deliver the ordered Products within the aforementioned period, the Customer may ask the Company to make the delivery within an additional period appropriate to the circumstances.
The right of the Customer to terminate the contract immediately if the ordered Product is not delivered within the agreed deadline shall remain unaffected.
6.7. In the event of a shipment to Estonia, Lithuania and Latvia, the Customer may cancel all or part of an already confirmed order by sending an email to the address indicated by the Company, stating the reasons for the cancellation. Following cancellation, the Company will refund the amount of the cancelled Products. If the Products have been delivered to the Customer, the Customer shall either return them to the Company (if this is possible) or allow collection from the Customer. The Company shall bear the shipping or collection costs, unless otherwise provided for in the Purchase Offer. The Customer shall contact the Company in accordance with Article 8.
6.8. At the time of shipment of the purchased Product, the Customer will receive a Confirmation of Sale which will contain a shipment tracking code and a link to the carrier’s website to monitor the shipment in real time as well as the telephone number and email address of the sales outlet which he/she can contact for any problems relating to the delivery. If the Confirmation of Sale does not contain the aforementioned link, the Customer may in any case request information on the status of the shipment from the sales outlet through which he/she made the purchase of the Product.
6.9. As an alternative to delivery by courier, and where the service is made available by the Company, the Customer may request to collect the Products purchased directly from the sales outlet indicated by the Company that made the sale. If the Customer does not collect the Products within 14 (fourteen) days from receipt of the email informing him that the Product is available for collection, the Company may cancel the sale.
In this case, the Customer will be notified by email of the cancellation and will be promptly reimbursed for any amounts already paid.
6.10. The Customer shall bear the risk of loss, theft or damage to the Products only when the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the Products.
If, on the contrary, the loss, theft or damage of the Product occurs before the material delivery to the Customer or to a third party designated by him, the Company shall reimburse the Customer for the amounts already paid.
- Rules applicable to Distance Sale Subject to Approval
6.11. Articles 6.2, 6.3 and 6.4 apply to sales subject to approval. In the event of Customer’s non-satisfaction, if expressed within the deadline indicated by the Company, he/she shall not be charged for the cost of collecting the Products, unless otherwise provided for in the Purchase Offer Subject to Approval.
6.12. The Customer shall bear the risk of loss of or damage to the Products only when the Customer, or a third party designated by the Customer other than the carrier engaged by the Company, takes material possession of the Products, and for as long as the Products remain at the Customer’s disposal.
- Delivery of Products for all distance sales:
6.13. Nothing in this Article 6 shall prejudice the application of mandatory rules applicable under local law.
- Conformity of Products
7.1. The Products shall be delivered to the Customer free of defects. The Company complies with all the requirements of European and other applicable legislation in relation to the packaging and safety of the Products.
7.2. At the time of delivery, the Customer shall check the Products to ensure that they correspond to the items ordered and that they have no manufacturing defects or lack of conformity in accordance with the applicable national legislation. The legal warranties under current legislation are applicable to the sale of the Products, in addition to any additional conventional warranties provided to the Customer at the Company’s discretion.
7.3. In the event of manufacturing defects or lack of conformity, the Customer shall be entitled either to have the Product repaired or, if repair is impossible or overly expensive, to be reimbursed the price paid upon return of the Product.
Pursuant to the applicable legislation, the Company shall only be liable for conformity defects that occur within 2 (two) years from delivery of the Product. An action to enforce defects shall be time-barred after 26 (twenty six) months from the shipping of the Product or another period specified in accordance with any applicable mandatory rules.
With specific reference to France, the Company is liable for the non-conformity of the Products under this contract (Articles 217-4 to 217-16 of the French Consumer Code) and for any hidden defects under the conditions provided for in Articles 1641 to 1648 and 2232 of the French Civil Code. In addition, statutory product conformity warranties apply in all cases irrespective of conventional commercial warranties. The Customer may decide to invoke the guarantee for hidden defects in accordance with Article 1641 of the French Civil Code. In this case, the Customer may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Nothing in this Article 7.3 shall prejudice the application of mandatory rules that are more favourable to the Customer under local consumer protection legislation.
7.4. To report the presence of defects in the Products and seek one of the remedies listed above, the Customer may contact the Company in accordance with Article 14 below.
- Returns and refunds – Withdrawal – Return due to non-satisfaction
- Withdrawal:
8.1. The Customer has the right to withdraw from the contract without specifying the reason within 14 (fourteen) days from the date of delivery or collection of the Products or, in the event of a Distance Sale Subject to Approval, from the conclusion of the contract, without any charge for the relevant transport costs, unless otherwise provided for in the Purchase Offer.
8.2. The Customer may exercise the right of withdrawal by sending an email to the address indicated by the Company or, where the relevant service is expressly provided by the Company and confirmed in the Purchase Offer, at one of the sales outlets managed by the Company and authorised to receive returns.
Following withdrawal, the Customer shall have the right to either a refund of the price paid or, if previously agreed with the Company, the replacement of the Product with another Product of equal or greater value if the Customer agrees to pay the Company the difference between the price already paid for the returned Product and the price of the new Product. Otherwise, a voucher can be issued with a value equal to the price paid for the returned Product, to be spent, within one year from its issuance, for the purchase of other Products at other sales outlets of the same type (boutique or outlet), present in the same Country in which the sales outlet that made the sale is located or at the Company’s e-commerce site, if available. The Product shall be shipped to the address that will be communicated to the Customer in accordance with the procedures and instructions included in the package of the Product that the Customer wishes to return, unless the Customer delivers the Product to a sales outlet in the Country where the Company is established and authorised to receive returns, where applicable.
8.3. If the Customer does not comply with the return instructions provided by the Company, the relevant transport costs and the liability for loss, theft, damage or delay in delivery shall be borne by the Customer, unless otherwise provided for by the applicable mandatory regulations.
8.4. The Customer undertakes to return the Products for which he/she has exercised his/her right of withdrawal without undue delay and, in any event, within 14 (fourteen) days from the date on which he/she informed the Company of his/her decision to withdraw from the contract.
8.5. Products must be returned in the same condition in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, with all the original labels. Where a Product has a security label, the return of the Product will not be accepted if the original security label has been removed, broken or tampered with. The Customer also acknowledges that, for reasons of safety and hygiene, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. The Company, or the sales outlet authorised to receive the return, will check the packaging and the condition of the individual Products returned, the substantial integrity of the same constituting an essential requirement for the exercise of the right of withdrawal.
8.6. The Company shall reimburse the price of the returned Products and any other costs incurred by the Customer for the purchase thereof without undue delay and in any event within 14 (fourteen) days from the date on which the Company received notice of withdrawal from the Customer.
8.7. To the extent permitted by applicable law, the Company reserves the right to refuse the return of any Product that is damaged, deteriorated, dirty or in such a state as to suggest, unequivocally, that it has been used, not in good faith, for purposes other than during checks performed by the Customer, strictly necessary to ascertain the characteristics and type of the Product purchased as well as if the original security label has been removed, broken or tampered with or, in the case of perfumes, if the sealing cellophane and the original packaging have been opened, damaged, altered or removed.
8.8. In all cases, the Company shall send a specific notice to the Customer informing him/her of the acceptance of the return and the re-credit or, where agreed, the replacement of the Product or the issue of the voucher, or of the non-acceptance with a specific indication of the reasons thereto.
None of the provisions contained in this Article 8 shall prejudice the application of local mandatory consumer protection rules that are more favourable to the Customer.
8.9. The return of Products pursuant to this article is only permitted in connection with purchases made by means of distance sale.
- Return of Products due to non-satisfaction:
8.10. In the event of a sale subject to approval, the Customer is entitled to return the Products that he/she does not intend to purchase without being charged any costs for collection and transport, unless otherwise agreed in the Purchase Offer Subject to Approval, and provided that he/she has notified the Company of his/her wish to return the Products within the deadline stated in the Conditional Purchase Offer.
8.11. If the Customer does not return the Products within the deadline indicated in the Purchase Offer Subject to Approval, or in any case according to the instructions received by the Company, the costs of collection and transport and any liability for loss, theft, damage or delay in delivery shall in any case remain the responsibility of the Customer, unless otherwise provided for by the applicable mandatory regulations.
8.12. The provisions of Articles 8.5, 8.6, 8.7, 8.8 and 8.9 above shall apply to the return of Products sold subject to approval. The Company therefore reserves the right to refuse the return of any Product that is damaged, deteriorated, dirty or in such a state as to suggest, unequivocally, that it has been used not in good faith, for purposes other than during checks performed by the Customer, strictly necessary to ensure they are satisfied with the product, as well if the original safety label has been removed, broken or tampered with. In this case, the Company shall send a communication to the Customer stating that it does not accept the return of the Product and that the relevant price will be charged.
- Limitation of liability
9.1 With the exception of cases of fraud or gross negligence, the Company shall not be liable in any way to the Customer for indirect or consequential damages that the Customer may suffer as a result of purchasing Products offered for sale.
To the extent permitted by law, and subject to the provisions of Article 9.2 below, the Company’s total liability to the Customer shall in no event exceed the total price of the Products purchased. This limitation shall not apply if the Customer is domiciled in Slovakia, Poland, Bulgaria or Croatia.
9.2. The Company does not waive or in any way limit its liability to the Customer in the event of (i) death or personal injury caused by the negligence of the Company or its employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) infringement of the Customer’s legitimate rights in relation to the Products under applicable mandatory consumer protection legislation; and (iv) defective products within the meaning of applicable mandatory consumer protection legislation.
- Product authenticity and intellectual property rights
10.1. The Company guarantees the authenticity and high quality of all Products offered for sale by means of distance sale.
10.2 The RAMA BY RAMA Group’s trademarks, as well as all the figurative and nonfigurative trademarks and more in general all the other trademarks, illustrations, images and logos on the Products, on the relevant accessories and/or packaging, whether registered or not, are and remain the exclusive property of the companies belonging to the RAMA BY RAMA Group. The total or partial reproduction, modification, tampering or use of these marks, illustrations, images and logos, for whatever reason and on whatever medium, is strictly prohibited.
- Storage of the Contract
11.1. With specific reference to France only, in accordance with the applicable local legislation, the Company shall store and archive on any medium, for a period of 10 years, all contracts concluded with the Customer with a value of EUR 120 or more and the Customer shall be entitled to access them at any time. The right of access may be exercised at any time by contacting the Company at the telephone number or email address indicated in the Purchase Offers and the Confirmation of Sale.
- Governing Law – Disputes
12.1. These General Terms and Conditions of Sale are governed by the law of the Country in which the Seller is established, without prejudice to any other mandatory rule, more favourable to the Customer, applicable in the Customer’s Country of habitual residence.
12.2. In the event of a dispute arising from the interpretation and/or application of these General Terms and Conditions of Sale, the Court of the place of domicile or residence of the Customer shall have exclusive and binding jurisdiction.
12.3. Alternatively, in accordance with Article 14 of EU Regulation 524/2013/EU, in respect of the European territory, the Customer may initiate one of the out-of-court dispute settlement procedures provided under the applicable legislation. To this end, the Customer may use the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr, or:
(i) in Bulgaria, an Alternative Dispute Resolution Commission at the Bulgarian Consumer Protection Commission http://www.ecc.bg/;
(ii) in Estonia, the Estonian Consumer Protection Board, Pronksi 12, 10117 Tallinn, info@tarbijakaitseamet.ee;
(iii) in Latvia, the Consumer Rights Protection Centre (Brīvības iela 55, Centra rajons, Rīga, LV-1010, www.ptac.gov.lv/en);
(iv) in Lithuania, the State Authority for the Protection of Consumer Rights, Vilnius g.25, 01402 Vilnius, www.vvtat.lt; and
(v) in Slovakia, pursuant to Act No. 391/2015 on the Alternative Dispute Resolution Platform for Consumer Disputes, as amended;
(vi) in Finland, customers may opt for the dispute resolution procedure of the Finnish Consumer Disputes Board. Further information is available at www.kuluttajariita.fi/en/index.html (the Customer should however first contact Consumer Advisory Services at https://www.kkv.fi/en/consumer-advice/);
(vii) in France, Customers may request, free of charge, the use of the consumer mediation service in order to amicably resolve any dispute relating to these General Terms and Conditions of Sale. Customers may contact the mediation service provided by the Fédération du e-commerce et de la vente à distance (“FEVAD”) at the following address: http://www.mediateurfevad.fr/.
The right to use the mediation service constitutes an alternative procedure but not a precondition for exercising the right to bring an action before the courts, as provided for in Article 12.2 above.
- Severability
13.1. Should any provision of the General Terms and Conditions of Sale be held invalid under any applicable law, regulation or final decision of a competent court, all other provisions herein shall remain in full force and effect.
- Contact
14.1. For any complaint, further information or assistance relating to the purchase procedure and, in any event, for any request for information and/or clarification with regard to what is set forth in these General Terms and Conditions of Sale, the Customers may contact the Company and/or the sales outlet with which they have made contact at the telephone number or email address indicated in the Purchase Offers and in the Confirmation of Sale.
Last updated: 3 March 2022
GENERAL TERMS AND CONDITIONS OF SALE
- Introduction
1.1. The sale of “RAMA BY RAMA” branded products executed remotely through this website accessed at URL address https://www.ramabyrama.com/dk/en.html (hereinafter referred to as the “Website”) is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by RAMA BY RAMA S.p.A. (hereinafter referred to as “RAMA BY RAMA”). RAMA BY RAMA is a company incorporated under Italian law, with registered office at Antonio Fogazzaro no. 28, 20135 Copenhagen (MI), Denmark, tax code, VAT and filing with the Companies’ Register of Copenhagen, Monza, Lodi, Brianza number 10115350158, REA no. 1343952 MI. Contact details for RAMA BY RAMA are provided at Section 13.1 of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale Terms contain important information about consumers’ rights and obligations as well as limitations and exclusions that apply to the consumers, and govern any purchase contract between RAMA BY RAMA and consumer. When the consumer accepts these General Terms and Conditions of Sale, they become part of the purchase contract entered into between the consumer and RAMA BY RAMA.
These General Terms and Conditions of Sale are to be carefully read before submitting an order to RAMA BY RAMA. These General Terms and Conditions of Sale will tell the consumers who RAMA BY RAMA is, how RAMA BY RAMA will deliver products to the consumers, how RAMA BY RAMA may change or end the contract, what consumer should do if he/she has a problem and other important information. If the consumer thinks there is a mistake in these General Terms and Conditions of Sale, he/she is invited to contact RAMA BY RAMA to discuss.
The consumer agrees that these General Terms and Conditions of Sale apply to his/her purchase of the Products. When the consumer makes an order for Products, he/she will be required to accept these General Terms and Conditions of Sale by selecting the relevant clearly marked accepting box before confirming the order. If the consumer refuses to accept these General Terms and Conditions of Sale, he/she will not be able to order any products from this Website.
1.2. The use of the remote sale service governed by the General Terms and Conditions of Sale hereof is exclusively reserved to consumers (hereinafter referred to individually as “Customer” or, collectively, “Customers“) meaning a natural person (or group of natural persons) i.e. an individual, acting for purposes not related to, or predominantly not related to the business, industrial, entrepreneurial, production, liberal, entrepreneurial, artisanal or professional activities, over the age of 18 (or, if younger, have reached the age of legal capacity in accordance with the laws of his/her country, and/or he/she is acting with the consent of or acting through his/her legal guardian).
The resale or transfer of the products purchased on the Website for any commercial, business or resale or professional purpose whatsoever is expressly prohibited.
The Customers agree not to use the Products for any commercial, business or re-sale purposes, and RAMA BY RAMA has no liability to the Customers for any loss of profit, loss of business, business interruption, or loss of business opportunity.
1.3. The products offered for sale on the Website may only be delivered to an address within EU (with the following restriction: Finland (excluding Åland Islands), France (mainland France), Germany (excluding Heligoland and Büsingen), Greece (excluding Mount Athos), Denmark (excluding Livigno and Campione d’Italia) and Spain (excluding Canary Islands, Ceuta and Melilla), in Monaco, Norway, Switzerland and United Kingdom (excluding Channel Islands) . Unfortunately, RAMA BY RAMA does not deliver to addresses outside of these countries and territories.
1.4. The language used to execute the sale contract through the Website hereof is: Italian, English French, German, Spanish, Portuguese, Dutch, Greek, Norwegian, Bulgarian, Estonian, Lithuanian, Polish, Romanian, and Slovak.
1.5. The General Terms and Conditions of Sale hereof are published on the Website for Customers’ information, storage and reproduction purposes, in compliance with the applicable laws currently into force.
1.6. The purchase of the products is exclusively governed by the General Terms and Conditions of Sale published on the Website at the time, and into force at the time of the relevant purchase.
RAMA BY RAMA reserves the right to amend the General Terms and Conditions of Sale hereof at any time without notifying the Customer. Any amendment shall become effective on the date of the publication of the new General Terms and Conditions of Sale on this Website and, therefore, it shall only be effective in respect of purchases made after the date the new version of the General Terms and Conditions of Sale is published online.
The replacement of the General Terms and Conditions of Sale hereof with a new version automatically implies the non-applicability, ineffectiveness and non-enforceability of the former version with respect to purchases made after such previous version is removed from the Website, also in the event such General Terms and Conditions of Sale are in any way accessible and/or available to the general public through other internet websites other than the one indicated above.
1.7 If the Customer is domiciled in Hungary, the contract including the Terms between RAMA BY RAMA and the Customer shall not be deemed as a written contract. This shall not affect the validity, applicability or enforceability of or any rights or obligations under these Terms.
- Product availability
2.1. The Customer acknowledges that the products offered by RAMA BY RAMA on the Website (hereinafter referred to as the “Products“) are limited in number and he/she is therefore aware that RAMA BY RAMA shall need to check their availability at the time of the purchase. After placing his/her order, the Customer will receive an e-mail from RAMA BY RAMA acknowledging that RAMA BY RAMA has received Customer’s order. At this point, RAMA BY RAMA shall use reasonable endeavours to ensure Product availability is as up to date as possible.
2.2. Occasionally the availability of certain Products may incur inconveniences and, in particular, they may be unavailable or partially available (this might be because the Product is out of stock, because of unexpected limits on RAMA BY RAMA’s resources which RAMA BY RAMA could not reasonably plan for, because RAMA BY RAMA has identified an error in price or description of the Product or because RAMA BY RAMA is unable to meet a delivery deadline specified) even though displayed on the Website. In such circumstances, RAMA BY RAMA shall inform the Customer promptly (and in any case within the deadlines specified below) by email that the order placed has not been accepted and the reasons for non-acceptance.
In the event the order is only partially available, the Customer will be informed about that. However, the Customer agrees and accepts to receive only the Products available.
2.3. RAMA BY RAMA reserves the right to vary the Products offered for sale on the Website at any time, without any notice. Such variations will not affect orders which have already been confirmed by RAMA BY RAMA.
- Purchasing process
3.1. Each Product offered for sale on the Website can be viewed by following a dedicated link displaying the article’s photographic images, unit price, colours and sizes (if applicable). For those Products expressly marked on the Website as “Pre Order” or as “Pre Ordered Product” or as “Personalized Products” being not yet ready to be shipped, the relevant dedicated link will also show the relevant estimated delivery date.
3.2. The Customer may purchase one or more Products, for a maximum of 4 units per Product, except as provided for certain types of Products. RAMA BY RAMA reserves the right to vary at any time the limitations to the number of Products that can be purchased through the Website.
3.3. The Website shall indicate clearly, during the ordering process, the accepted means of payment for the Products.
3.4. The Products selected by the Customer shall be placed into a special section (hereinafter referred to as the “Shopping Bag“).
A description of the Products, including measures or sizes (if applicable), together with one or more photographic images in digital format clearly showing the Products, shall be included in the Customer’s Shopping Bag.
3.5. The digital photographic images of the Products provided on the Website are for illustrative purposes only. Although RAMA BY RAMA constantly takes steps to ensure that the photographs displayed on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer. As a result, RAMA BY RAMA shall not be responsible for any possible inadequacy of the graphic representations of the Products displayed on the Website if due to the above technical reasons.
3.6. To view the Products selected and the total price of the purchase order, please visit the Shopping Bag page. The purchasing process allows the Customer to check and amend any errors before submitting his/her order to RAMA BY RAMA. Before confirming the relevant order (hereafter referred to as the “Order“), the Customer is required to check the accuracy of the contents of the Shopping Bag and fill in the Order form in accordance with the instructions provided on the Website.
3.7. The purchasing process is completed as soon as the Customer presses the relevant final Order confirmation button which shall be clearly labelled “Buy Now” (hereinafter referred to as the “Buy Button“), thereby validating his/her Order, which will be directly submitted to RAMA BY RAMA. By pressing the Buy Button the Customer explicitly acknowledges that in the event RAMA BY RAMA accepts his/her Order, the Customer will be obliged to pay the relevant purchase price of the Order.
After pressing the Buy Button, the contents of the Order may no longer be modified by the Customer.
3.8. Before confirming the Order, the Customer is required to confirm that he/she has read and accepted the General Terms and Conditions of Sale hereof. At the end of the purchasing process, it is advisable that the Customer save or print off the General Terms and Conditions of Sale. Please note that RAMA BY RAMA does not keep a copy of the specific contract relating to the Order.
3.9. The purchasing process must be fully completed; failure to do so entails that the Order cannot be submitted to RAMA BY RAMA.
3.10. Each Order and the Customer’s data required for the purchase shall be stored by RAMA BY RAMA for the time period provided for and in compliance with the applicable laws currently in force.
3.11. Customers who have registered to log in the reserved area of the Website may check their Order status by logging in such area and accessing the ‘My Orders’ page.
3.12. The Customer is aware that he/she is responsible for the accuracy and truthfulness of any data entered on the Website or otherwise used at the time of the purchase, and undertakes to read the privacy policy published on the Website expressing, when requested, his/her consent to the personal data processing.
3.13. The Customer is aware that on the Website he/she may have also the opportunity:
– to pre-order a selection of Products before their commercial launch or distribution and placement in the market, and
– to order Products which he/she wishes to permanently personalize by adding non-removable customizations according to the modalities indicated on the Website (by way of example through hot stamping).
The Customer acknowledges that such Products are not yet available for the delivery at the time of the submitting of the relevant Order. The Products which may be pre- ordered by the Customers are clearly identified and marked on the Website through the wording “Pre Order” or “Pre Ordered Product”, and the Products which may be personalized by the Customers are clearly identified and marked on the Website through the wording “Personalized Products”.
3.14. The Customer acknowledges and agrees that if he/she pre orders a Product and/or orders a Personalized Product, the relevant price shown on the Website and displayed in the Shopping Bag section shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, as defined in the below Section 4.2, although the Pre Ordered Product and the Personalized Product are not ready to be shipped at that moment.
The Pre Ordered Product and the Personalized Product will be delivered to the Customer within the relevant estimated date specified in the Product page description.
In case the Order sent by the Customer contains also one or more Pre Ordered Products and/or Personalized Products in addition to the Products already available, all the relevant prices related to such Order shall be charged in advance to the Customer at the moment of the receipt of the Confirmation Email, even if such Pre Ordered and Personalized Products will be delivered at the relevant estimated delivery dates specified in the Product pages description.
3.15. Any further specification related to the payment, delivery and confirmation of the Pre Ordered Products and of the Personalized Products are referred below in the respective Sections.
3.16. The Customer acknowledges and agrees that, except for what is specifically provided herein for the Pre Ordered Products and for the Personalized Products, the other clauses of these General Terms and Conditions of Sale hereof will apply also to the Pre Ordered Products and to the Personalized Products.
- Execution of contract
4.1. Upon confirmation of the Order, the Order is submitted to RAMA BY RAMA for processing and cannot be further modified.
The Order placed by the Customer shall be processed by RAMA BY RAMA only if the entire purchasing process has been duly completed, without any error being reported by the Website.
After placing the Order, and in any case no later than 48 hours after placing his/her Order and without undue delay, the Customer will receive an e-mail acknowledging that RAMA BY RAMA has received the Order. However, this does not mean that the Order has been accepted. RAMA BY RAMA’s acceptance of the Order and the conclusion of the contract will take place as described below in Section 4.2. The Customer may cancel his/her Order before receiving the Confirmation Email as set forth in the Section 4.2 below, by notifying RAMA BY RAMA of his/her cancellation on the following e-mail address: support@ramabyrama.com.
4.2. The contract by and between RAMA BY RAMA and the Customer shall be deemed to have been executed as soon as the Customer receives one or more confirmation email from RAMA BY RAMA (hereinafter referred to as the “Confirmation Email“).
The Confirmation Email shall be sent to the address indicated by the Customer in the order form and shall set forth the relevant confirmation and a summary of the terms and conditions of the sale, such as: the Product’s description and main features, the total order price, including any shipping costs, the address for complaints, information on after-sale services, on the Customer’s right of withdrawal and its exercise.
4.3. RAMA BY RAMA reserves the right to not accept the Order placed by a Customer in the following events:
- a) the Products included in the Order are unavailable notwithstanding what is applicable to Pre-ordered Products;
b) there is a dispute between RAMA BY RAMA and the Customer relating to a previous Order;
c) the Customer breached the General Terms and Conditions of Sale on previous occasions or has not fulfilled his/her obligations arising therefrom;
d) it emerged that the Customer is purchasing the Products in order to resell them or sell them for commercial or professional purposes;
e) the Customer has been involved in, or is suspected of, illegal or fraudulent activities.
In such events, RAMA BY RAMA shall inform the Customer by email, within 30 (thirty) days from the date of receipt of the Order, of the cancellation of the Order received. In such case, no Order shall be deemed to have been accepted by RAMA BY RAMA.
With the specific reference to Monaco only, in the event of total unavailability of the Products, the Customer will be asked if he/she either wishes to receive an available Products of same price or fully cancel the order and be reimbursed of the price paid in case a payment has already been occurred (said reimbursement to take place within thirty days following cancellation).
4.4. In the event of partial availability of the Products, the Customer agrees and accepts to receive only the Products available and shall only be charged for the price of the Products actually purchased.
- Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are inclusive of VAT.
5.2. The relevant prices shall be shown in Euro (EUR).
5.3. The total price displayed in the Shopping Bag includes shipping costs possibly applicable, which shall be indicated separately.
In any event, RAMA BY RAMA shall seek the Customer’s express consent to charge any additional cost.
5.4. The prices shown on the Website and displayed in the Shopping Bag section, upon confirmation by the Customer of the Order by pressing the Buy Button, shall be charged to the Customer, provided that the Products ordered are available in that moment, except for the Order containing Pre Ordered Products and/or the Personalized Products for which the relevant amount shall be charged in advance according to the following clause 5.6, even if they are not yet ready to be shipped at that moment.
RAMA BY RAMA reserves the right to modify the prices of the Products offered for sale on the Website at any time and without notice. Such modifications shall only apply to future orders and shall not affect orders which have already been placed by Customer.
5.5. RAMA BY RAMA only accepts credit cards and the other payment methods expressly indicated on the Website.
5.6. For the purposes of credit card payments, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the accuracy of all the relevant data entered at the time of purchase, such as: credit card number, expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the credit card used by the Customer of the debit authorisation, and (iii) RAMA BY RAMA’s confirmation that the product is available and, in any event, after the Order is ready to be processed.
Both for the Orders containing only Pre Ordered Products or Personalized Products and for the Orders containing also Pre Ordered Products and/or Personalized Products the total transaction amount will be charged for all Products at the time of the Confirmation Email, namely all those Products already available at the time the Customer places his/her Order, and any Pre Ordered Products and/or any Personalized Products not ready to be shipped at the time the Customer places his/her Order.
No amount will be charged at the time of submission of the Order.
5.7. For the purposes of payment through other payment service providers, the Customer confirms and warrants that he/she is the owner of the account used for the purchase.
Customers shall only be charged the relevant transaction amounts after receipt of the Confirmation Email from RAMA BY RAMA.
5.8. The purchased Products shall only be shipped after due payment of the amount owed by the Customer.
In the event the Customer cannot be charged the amounts due for any reason whatsoever, the sale process shall be automatically terminated and the sale cancelled, and the Customer shall be subsequently notified accordingly.
5.9. In the event one or more Products are unavailable, the Customer shall only be charged the price of the available Products and the possible related shipping costs.
5.10. The data provided for credit card payment shall be treated as confidential and/or personal and shall be dealt with in accordance with the applicable European Union and applicable member state legislation.
- Delivery
6.1. The Customers will receive the Products separately as soon as they are ready for shipping. The Products shall be delivered to the address indicated by the Customer in the Order. The Customer’s signature may be requested upon delivery of the Products.
If RAMA BY RAMA cannot deliver the Order for reasons that are not attributable to RAMA BY RAMA, RAMA BY RAMA’s Client Service will contact the Customer in order to arrange a new delivery. If, for these very reasons, the Order could not be delivered within eight (8) days following the date the Customer’s Order was available for the delivery, RAMA BY RAMA will assume that the Customer wants to withdraw from the contract. As a result of the withdrawal from the Contract, all payments that were received from the Customer, including shipping costs (except for any additional costs arising from the choice of the Customer of delivery in reference to Section 8.8) shall be refunded and the contract has to be deemed as definitely terminated.
6.2. For security reasons, RAMA BY RAMA shall not process any order addressed to a post office box or accept any order that does not allow to identify the natural person held to be the recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website may only be delivered to addresses in the countries and territories indicated above (Section 1.3). In light of the foregoing, any Order entailing delivery outside of these countries and territories shall be automatically rejected upon processing of the Order.
6.4. In the event the Customer is subject to the application of shipping costs, such costs shall be indicated expressly and separately from any other cost or expense before completion of the filling in of the Order and prior to pressing the Buy Button.
6.5. In compliance with the applicable laws currently into force, the term within which RAMA BY RAMA is required to deliver the Products purchased is within a maximum of 30 (thirty) days of the date of execution of the contract (without prejudice to any different term if provided for by any local mandatory law), except where an event occurs which is beyond the reasonable control of the affected party and which are not attributable to any wilful act, neglect or failure to take reasonable preventative action by the affected party and includes (without limitation) a strike or any other industrial or labour dispute, fire, flood, storm, epidemics, pandemics, earthquake or other adverse weather conditions (“Force Majeure Event“).
In every case in which the relevant Order refers to the Pre Ordered Products and/or the Personalized Products, the delivery date shall be longer than 30 (thirty) days and RAMA BY RAMA shall deliver these Products at the estimated delivery dates or during the estimated delivery period agreed upon with the Customer, as shown to the Customer in the Product page description.
6.6. In the event RAMA BY RAMA does not deliver the Products ordered within the above term, the Customer may request that RAMA BY RAMA deliver such Products within an additional term adequate to the circumstances in accordance with the applicable laws currently into force. However, the Customer has legal rights if RAMA BY RAMA refuse to perform the Order or deliver any Products late, including if RAMA BY RAMA fails to deliver Products within such additional term.
The Customer shall in any event have the right to immediately terminate the contract if the Product ordered is not delivered within the agreed delivery deadline.
6.7. The Customer may cancel any Order by sending an e-mail to RAMA BY RAMA on the e-mail address provided at Section 14.1 below setting out the reasons for cancellation. In the event an Order contains multiple Products, the Customer can reject or cancel the Order also only for some of those Products (not all of them), if he/she wishes so, unless splitting them up would significantly reduce their value. After that, RAMA BY RAMA will refund any sums the Customer has paid to RAMA BY RAMA for the cancelled Products and their delivery without undue delay. If the Products have been delivered to the Customer, the Customer must either post them back to RAMA BY RAMA or (if they are not suitable for posting) allow RAMA BY RAMA to collect them from the Customer as provided in the Section 8 below.
6.8. RAMA BY RAMA shall have the right to split the Order into multiple shipments, according to the availability of the Products for delivery, and the Customer will receive the Products separately upon their availability to be shipped. RAMA BY RAMA will charge the Customer for the Products as and when these are shipped.
6.9. As soon as the purchased Product is shipped, the Customer shall receive an email to the address indicated in the Order. Such email shall contain a shipment tracking code and an exclusive link that will allow the Customer to real-time monitor the delivery.
RAMA BY RAMA’s Client Service shall provide the assistance required for any potential problem relating to the delivery. Customers may contact RAMA BY RAMA’s Client Service by email at support@ramabyrama.com.
6.10. Alternatively to the delivery by courier, and where applicable, the Customer may request to collect the Products purchased directly from a store which may be selected on the Website at the time of the purchase, provided that the relevant Order does not contain any Pre Ordered Products and/or any Personalized Products. In the event the Customer does not collect the Products within 30 (thirty) days of receipt of the email informing him/her that the Product is available for collection, the sale may be cancelled by RAMA BY RAMA. In such case, the Customer shall be informed by email of such cancellation and shall be refunded any amounts already paid.
6.11. The Customer shall bear the risk of loss or damage to the Products from the moment in which he/she, or a third party appointed by the Customer and other than the carrier, physically takes possession of such Products.
In the event, on the other hand, the loss or damage to the Product occurs prior to the physical delivery to the Customer or a third party appointed by the Customer, RAMA BY RAMA shall refund the Customer any amounts already paid.
- Product Conformity
7.1. The Products will be provided to the Customer without defects. RAMA BY RAMA has complied with all EU and other applicable regulatory requirements in relation to packaging and safety of Products.
7.2. At the time of delivery, the Customer should check the Products in order to ascertain that they match the articles ordered and that they do not show any manufacturing defects or lack of conformity. The sale of Products is subject to the legal guarantees provided for under the applicable laws, as well as to any additional contractual warranties possibly provided to the Customer.
7.3. In the event of existence of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the Products conformity be restored either through fixing or replacement of the Product, free of charge, unless the remedy demanded is objectively impossible or excessively onerous compared to the other remedy. In particular, the Customer may demand replacement of the Products instead of the removal of the defect, or if the defect concerns only a part thereof, the Customer may demand the replacement of such a part, unless RAMA BY RAMA thereby incurs inadequate costs with respect to the price of the Products or materiality of defect. RAMA BY RAMA may always replace the defective Products with the new Products instead of removal of the defect, unless such replacement causes serious problems to the Customer.
If the Products have a defect that may not be removed and prevents the proper use of the Products, the Customer shall have the right to the replacement of the Products or the right of withdrawal from the contract. The Customer shall have the same rights if the defects may be removed but the Customer may not use the Products due to the repeated occurrence of the defect after the repair or due to a large number of defects. If the Products have other defects that may not be removed, the Customer may request either (i) a reasonable reduction in price, or (ii) termination of the contract and subsequent refund of the purchase price paid.
It is understood that the Customer shall lose such right if he/she does not notify to RAMA BY RAMA the lack of conformity of the Product within 2 (two) years from the delivery of the Product, unless otherwise provided by any mandatory applicable law. If the Customer is domiciled in Bulgaria, if any damage or otherwise defect to the Product is initially visible, the Customer must inform RAMA BY RAMA immediately; if damage or other defect to the Product is hidden, the Customer must inform RAMA BY RAMA within six (6) months or other term if and as provided by the applicable law.
With specific reference to the France only, RAMA BY RAMA is liable for any non-conformity of the Products under the agreement (Articles L. 217-4 to L. 217-16 of the French Consumer Code) and any hidden defects in the conditions set forth in Articles 1641 to 1648 and 2232 of the French Civil Code. In addition, the statutory warranty of conformity applies regardless of any commercial warranties granted. The Customer may decide to enforce the warranty against hidden defects within the meaning of Article 1641 of the French Civil Code. In this case, the Customer may choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
Nothing in this clause 7.3 affects the application of mandatory provisions of local consumer law more favourable to the Customer.
7.4. In order to notify the existence of Product defects and lacks and to demand one of the remedies listed above, Customers may contact RAMA BY RAMA at the addresses indicated in Section 14 below.
- Returns and refunds – Withdrawal
8.1. The Customer has the right to withdraw from the contract without any reason within 14 (fourteen) days of the delivery or collection of the Products, except for the Personalized Products,. For split Orders, the relevant term shall begin on the day of delivery or collection of the latest Product.
8.2. In order to exercise the right of withdrawal, Customers may use the specific form accessible in the “Returns” section of the Website or directly in the “My Account” section if the relevant Customer is registered on the Website (if a specific form is required for the country of the Customer this will be included). To this end, Customers shall be required to: (i) fill in the online form with the information required, (ii) apply on the parcel the sticker with the return address found therein, (iii) prompt a withdrawal request to RAMA BY RAMA by sending an email to support@ramabyrama.com, specifying the address, telephone number and the selected date of collection of the parcel, such date to be confirmed with the courier.
A form with the instructions for product returns shall be put into each parcel containing the Products purchased. RAMA BY RAMA shall send the Customer an e-mail confirmation that it has received the withdrawal notification without undue delay.
8.3. In the event the Customer complies with the procedure set forth in the preceding Section, the courier appointed by RAMA BY RAMA shall collect the parcel containing the Products to be returned with no charges to the Customer.
If, on the other hand, the Customer does not comply with such procedure, the return costs and any liability for loss, theft, damage or delay in the delivery shall be borne by the Customer.
8.4. The Customer may also be communicated the address the Products must be returned to by contacting RAMA BY RAMA at the following email address: support@ramabyrama.com.
8.5. The Customer undertakes to return the Products for which he/she has exercised the relevant right of withdrawal without undue delay and, in any case, within 14 (fourteen) days of the date the exercise of the right of withdrawal is notified to RAMA BY RAMA. The right of withdrawal cannot be exercised with reference to Products that, due to health protection or hygiene reasons (including but not limited to perfumes, underwear, make-up and skincare, etc.), cannot be returned if the sealing label or cellophane and/or the original packaging have been opened, damaged, altered or removed.
8.6. Without prejudice to the above Section 8.5, Products must be returned in the same conditions in which they were delivered. The Customer must therefore ensure that he/she has checked the Product in exactly the same way as the Customer would do in a shop, meaning that the Products are intact and complete, that they have never been used, worn or damaged in any way, and returned in their original packaging, equipped with all the labels they were received with. In case a Product was provided with a security tag, the return of this Product will not be accepted if the original security tag has been removed, broken or damaged. RAMA BY RAMA shall check the packaging and conditions of each Product returned, being the substantial integrity of such Products an essential requirement for the exercise of the right of withdrawal.
RAMA BY RAMA reserves the right to reject the return of such Products that should result to have been damaged, deteriorated, stained or appear to be in a condition that unequivocally shows that they have been used for purposes other than for those verifications by the Customer strictly necessary to ascertain the nature and features of the Product purchased, or whose original sealing label or cellophane has been opened, damaged, altered or removed.
In the event the return is rejected, RAMA BY RAMA shall send a specific notice to the Customer and shall consequently not proceed to credit the amount paid by the Customer, reserving as well the right to claim compensation for any damage attributable to the Customer’s behaviour, including in case he/she shall not collect, or shall not allow the delivery of, returned Products rejected by RAMA BY RAMA.
8.7. RAMA BY RAMA shall refund any amounts due for the Products returned without undue delay and in any case within 14 (fourteen) days of the date on which RAMA BY RAMA becomes aware of the exercise by the Customer of the right of withdrawal.
In any event, RAMA BY RAMA reserves the right to withhold the refund either until receipt and verification of the Product or until proof by the Customer that he/she has returned the product duly and in intact conditions, whichever occurs first.
The aforementioned refund shall be made by crediting the amount paid by the Customer with the same payment method used for the purchase, unless otherwise expressly agreed by the Customer and provided that no costs are incurred as a result of the refund.
RAMA BY RAMA shall inform the Customer by email of refund of the amount.
8.8. RAMA BY RAMA shall not be under the obligation to refund the delivery costs of the Products in the event the Customer has specifically selected a delivery method other than the standard delivery offered by RAMA BY RAMA.
8.9. The return of Products under this Section is only permitted in respect of purchases made on the Website.
8.10. In consideration of the fact that the Personalized Products are products permanently modified, and personalized specifically for the Customer, and that their original manufacture cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer in relation to any Personalized Products. Accordingly, the provisions contained in this Section 8 will not apply to the Personalized Product, being understood that the exclusion of the Personalized Products from the right of withdrawal will not affect the application of the legal guarantees, provided for in the above Section 7, also to such Products.
- Limitation of liability
9.1. If RAMA BY RAMA fails to comply with these General Terms and Conditions of Sale, RAMA BY RAMA is responsible for losses or damages Costumer suffers that are a foreseeable result of RAMA BY RAMA breaking this contract or RAMA BY RAMA failing to use reasonable care and skill, but to the extent permitted by applicable law, RAMA BY RAMA is not responsible for any loss or damage that is not foreseeable and cannot be avoided. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both RAMA BY RAMA and Customer knew it will happen, for example, if Customer discussed it with RAMA BY RAMA during the sales process.
9.2. RAMA BY RAMA does not exclude or limit in any way its liability to Customer where it would be unlawful to do so. This includes liability for: (i) death or personal injury caused by RAMA BY RAMA’s negligence or the negligence of RAMA BY RAMA employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; (iii) infringement of the Customer’s legitimate rights in relation to the Products under applicable mandatory consumer protection legislation; and (iv) defective products under all applicable consumer protection laws.
9.3. Subject to paragraph 9.2, and to the extent permitted by law, RAMA BY RAMA total liability to Customer in respect of all other foreseeable losses arising under or in connection with the General Terms and Conditions of Sale, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total price of the Products per Order. This limitation will not apply however if Customer is domiciled in Slovakia, Poland, Bulgaria and Croatia.
- Product authenticity and intellectual property rights
10.1. RAMA BY RAMA warrants the authenticity and high quality of all the Products offered for sale on the Website.
10.2. The “RAMA BY RAMA” trademark, as well as all the figurative and non-figurative marks and, more generally, all the other trademarks, illustrations, images and logos found on the “RAMA BY RAMA” products, relevant accessories and/or packaging, whether registered or not, are and shall remain exclusive property of the RAMA BY RAMA Group. The reproduction, in whole or in part, modification, tampering or use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
- Retention of the Agreement
11.1. With specific reference to France only, according to the local applicable law, RAMA BY RAMA will store and archive on any medium, for a period of 10 years, all agreements entered into with the Customer for a value of €120 or more and the Customer will be able to access them at any time. This right of access may be exercised at any time by contacting support@ramabyrama.com or the E-commerce Client Service, bredgade 28, 1260 Copenhagen, Denmark.
- Disputes
12.1. The General Terms and Conditions of Sale hereof are governed by Italian law and shall be construed accordingly, without prejudice to any other imperative provision of law more favourable to the Customer applicable in the country of habitual residence of the Customer.
12.2. In the event of a dispute arising from the interpretation and/or application of the General Terms and Conditions of Sale hereof, the court of the place where the Customer is domiciled or resident, if located in Denmark, shall have exclusive and mandatory jurisdiction. In the event the Customer’s domicile or residence is not located in Denmark, the Customer may, at his/her election, refer the matter either to the court of the place where he/she is domiciled or resident or to the Court of Copenhagen where RAMA BY RAMA is domiciled.
12.3. Alternatively, according to Section 14 of the EU Regulation 524/2013/UE, where applicable, the Customer may opt for one of the out-of-court dispute settlement procedures provided for under the applicable laws currently into force, such as the platform provided by the European Commission, available on the website http://ec.europa.eu/odr, or:
(i) in Bulgaria, an Alternative Dispute Resolution Commission at the Bulgarian Consumer Protection Commission http://www.ecc.bg/;
(ii) in Estonia, the Estonian Consumer Protection Board, Pronksi 12, 10117 Tallinn, info@tarbijakaitseamet.ee;
(iii) in Latvia, the Consumer Rights Protection Centre (Brīvības iela 55, Centra rajons, Rīga, LV-1010, www.ptac.gov.lv/en);
(iv) in Lithuania, the State Authority for the Protection of Consumer Rights, Vilnius g.25, 01402 Vilnius, www.vvtat.lt;
(v) in Slovakia, pursuant to Act No. 391/2015 on the Alternative Dispute Resolution Platform for Consumer Disputes, as amended;
(vi) in Finland the Customer may also contact the Finnish Consumer Disputes Board available on the website www.kuluttajariita.fi/en/index.html (however, the Customer should first contact the Consumer Advisory Services at https://www.kkv.fi/en/consumer-advice/);
(vii) in France the Customer may also contact the mediation service provided by the Fédération du e-commerce et de la vente à distance (“FEVAD”) at the following address: http://www.mediateurfevad.fr/;
(viii) in Norway the Customer may also contact Forbruker Europa, available on the website https://forbrukereuropa.no/;
(ix) in Sweden the Customer may also contact the Allmänna reklamationsnämnden (National Board for Consumer Disputes (ARN)), available on the website www.arn.se.
12.4. This right to use the mediation service is an alternative mechanism but does not constitute a prior condition to the exercise of the right to bring a claim before courts, pursuant to the provisions of Section 12.2. above.
- Severability
13.1. Should any provision of these General Terms and Conditions of Sale be held invalid under any applicable law, regulation or final decision of a competent court, all other provisions herein shall remain in full force and effect.
- Contact details
14.1. For any complaint, additional information or assistance relating to the Website or to the purchasing process and, in any event, for any request for information and/or clarifications in respect of the General Terms and Conditions of Sale hereof, Customers may send an email to support@ramabyrama.com or contact the E-commerce Client Service at bredgade 28, 1260 Copenhagen, Denmark, or may call our international toll-free number 00800 800 RAMA BY RAMA – 00800 800 77232.
Last updated: July 26th, 2023