TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS OF SALE

Preamble

The sale of products under the “OWAY” brand (hereinafter also referred to as the “Products” or the “Product”) made remotely via the website www.oway.com (hereinafter referred to as the “Website”) is governed by the following General Terms and Conditions of Sale (hereinafter also referred to as “GTCS”).

For the purposes of these General Terms and Conditions of Sale, the Buyer and Rolland are individually or jointly referred to respectively as the Party or the Parties.

The Buyer declares and guarantees that the purchase of Products on the Website is not made in the course of a professional activity and is intended for personal use. Therefore, the resale, rental, or transfer of products purchased from the Website for any commercial or professional purpose is expressly prohibited.

These General Terms and Conditions are published on the Website to allow the Buyer to be aware of the conditions and methods by which the seller (hereinafter referred to as “Rolland” or “the Seller”) conducts the sale and delivery of ordered products, as well as to define the rights and obligations of the Parties in relation to the sale of products by Rolland. The GTCS are also intended to allow the Buyer to store and reproduce them in accordance with Article 12, paragraph 3, of Legislative Decree no. 70 of April 9, 2003 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”) and subsequent amendments and integrations. The GTCS apply, without limitation or condition, to all sales of products offered by Rolland on its Website, accessible via the internet at www.oway.com, as well as in a version optimized for mobile devices at www.oway.com.

These General Terms and Conditions of Sale must be carefully examined by the Buyer before completing the procedure for purchasing products and/or services through the Website. The submission of a purchase order (hereinafter also referred to as the “Order”) for one or more of the Products on sale on the Website constitutes full and unconditional acceptance by the Buyer of these General Terms and Conditions of Sale, as well as of the General Terms of Use of the Website.

Rolland reserves the right to modify these GTCS at any time. Therefore, the Buyer will be required to accept only the General Terms and Conditions in force at the time of submitting the order. Any modifications and/or additions will be effective only concerning purchase orders sent by the Buyer after the date of the modification and/or addition.

In such cases, the withdrawal can be expressed within 14 (fourteen) days from the communication of the email regarding the modification/addition of the General Terms and Conditions of Sale. Orders sent by the Buyer within the 14 (fourteen) working days in which the Contract can be withdrawn will be subject to the previous General Terms and Conditions of Sale communicated by Rolland via the aforementioned email.

INFORMATION ABOUT THE SELLER

Rolland S.r.l. is the Italian company exclusively licensed for the industrial property rights related to the registered trademark Oway. Registered office located at Via Gaibara 9/4, BOLOGNA, and administrative and operational headquarters at Granarolo dell’Emilia (BO) – loc. Cadriano, Via G. Di Vittorio no. 11, Tax Code 04170270377, VAT no. 00820241206, REA BO - 349375. Email: support@oway.com.

PERSONAL INFORMATION

Rolland informs that it is possible to access the website www.oway.com without being a registered user and to access information, product sheets, the basic price list, and all those services that do not require the entry of personal data to be used.

To proceed with the purchase, it is not necessary to create an account. The Buyer can proceed with the purchase of the Products as a “Guest,” providing only the data required for the correct registration of the order by Rolland's servers and for the correct shipment of the same.

For the processing of your personal data, the Buyer can refer to the provisions of the Privacy Policy and Cookie Policy sections of the website.

PRODUCT FEATURES AND AVAILABILITY

Before submitting the Order, the Buyer can view on the Website all the information pursuant to Article 49 of Legislative Decree no. 206 of September 6, 2005 (“Consumer Code”), including but not limited to information about the Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services the Buyer wishes to purchase, and all other mandatory information required by Italian law.

The Products offered on the Website comply with Italian legislation in force at the time of the Order. Rolland shall not be held liable for any non-compliance of the products with the laws of the country where the Buyer wishes the delivery to be made. The Buyer is therefore responsible for verifying the importation and/or use of products and services they intend to order and for ensuring their compliance with the legislation of the destination country. Rolland cannot guarantee that the information on the product packaging will be translated into all the languages of the European Union. However, this information will be available at least in Italian and English.

For any information regarding the Products and their use, or for any further questions or requests for advice, the Buyer may contact Rolland’s customer service at the following email address: support@oway.com.

The Buyer may select one or more Products available on the Website. Rolland reserves the right to modify the range of items offered on the Website and may, from time to time, limit the quantity of Products that the Buyer can order in each purchase session.

The offers presented by Rolland are valid for as long as they are published on the Website and within the limits of available stock. For products not immediately available, the offers published on the Website will be valid subject to availability. In the event that, after the Buyer has submitted the Order, a total or partial unavailability of the Product occurs, the Buyer will be immediately informed by email of the unavailability of the product and the total or partial cancellation of the Order.

If the Order initially placed benefited from free shipping, this benefit will remain even in the case of partial cancellation of the order.

PRODUCT PRICES

All prices of the Products offered for sale on the Website are indicated in Euros and include VAT (“IVA inclusa”). Any change in the applicable VAT rate will be automatically reflected in the price of the Products.

In any case, the prices of the products offered for sale on the Website are applicable exclusively in the context of distance selling via the Internet and may differ from the prices applied for retail sales in physical stores.

For each purchase, an order will be issued, marked by a unique identification code, containing the indication of the submission date to the system, the details of the Products purchased, the shipping charges, the individual prices including VAT, and the total cost summary including VAT. In the event that the shipment involves additional costs, which are unforeseeable and cannot be estimated at the time of the Order, Rolland will send the Buyer an email indicating these additional costs. The Buyer, upon receipt of the said email, may withdraw from the contract by following the appropriate procedure and obtain a refund of the amount paid at the time of the Order.

In any case, Rolland will not make any changes to the price, availability, or description of any product after Rolland has accepted the Order sent by the Buyer.

The prices of the Products do not include shipping costs, which vary depending on the address indicated for the delivery of the products as well as the total amount of the order and are displayed before the transmission of the Order by the Buyer. For more information regarding shipping costs, please refer to the “Order Shipment and Delivery” section.

PAYMENT METHODS

Different payment methods are available.

Credit, Debit, and Prepaid Cards
The accepted card networks are: Visa, MasterCard, Maestro, UnionPay.
The total amount will be charged at the time of order submission. To ensure the security of payments made on the Website and to prevent potential fraud, we use a secure payment service that includes the use of SSL security protocol. Credit card details are encrypted and transmitted to the payment processor. Our website never accesses or stores the credit card data used for purchasing products. All payment information is encrypted to ensure the highest level of privacy. In the event of a return, refund, or dispute of the order, either by the Buyer, where admissible, or by the Buyer's Credit Institution, the refund or release of the collected amount will be processed accordingly. Refund times, for certain types of cards, depend solely on the banking system and cannot be attributed to Rolland's activity. Once the transaction refund is processed, Rolland cannot be held liable for any direct or indirect damages caused by delays or failure to release the reserved amount by the banking system.
Card payments are managed by the Shopify Payments platform.
Terms and conditions of service security can be found at the following link: Shopify Consumer Privacy Policy.

New European PSD2 Regulation
As of December 28, 2020, online payments are even more protected thanks to the new European PSD2 regulation, which introduces new authentication rules. From now on, when you place an order using a card payment, your bank may ask you to confirm your identity using 3D Secure authentication. There are several ways to authenticate online payments, and you may be asked to confirm your identity via SMS, email, or TouchID. We recommend that you contact your bank to ensure that they have your correct contact information in case SMS or email is required for 3D Secure authentication. If you have any questions, please contact our Customer Service via the CONTACT form.

PayPal
Payment for the Products can also be made using PayPal. By choosing this payment method, the Buyer is redirected to the www.paypal.com site to log in and make the payment according to the procedure provided and governed by PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted to or shared with our Website. Therefore, Rolland is unable to know or store in any way the credit card data linked to the Buyer's PayPal account.
The total amount due will be charged at the time of order submission. In the event of withdrawal from the Purchase Contract and in any other case of refund, for any reason, the refund amount will be credited to the PayPal account. The credit times depend exclusively on PayPal and the banking system.

Klarna

Oway offers you the option to choose Klarna as a payment method, allowing you to split the total of your purchase into three convenient, interest-free installments. This option allows you to manage the payment flexibly, without affecting the final cost of your order.

The first payment will be made at the time of the order, while the two subsequent installments will be automatically charged every 30 days.

After completing your order, you will be redirected to the Klarna platform, where you can log into your account or create a new one in just a few steps. The payment will be confirmed within seconds, and your order will be processed immediately.

For more details on payments, we invite you to consult Klarna’s payment terms.

You can find the full list of Klarna’s Terms and Conditions and its Privacy Policy at the following links.

ORDER SHIPPING AND DELIVERY

Rolland currently delivers in Italy and the countries of the European Union (Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary).

Shipments are made via express courier.

  • The shipping cost in Italy is €6 for orders under €65 and is free for orders above this amount.
  • In England, the shipping cost is £ 13 GBP for orders under £ 100 GBP and is free for orders above this amount.
  • In Ireland, the shipping cost is €15 for orders €120 and is free for orders above this amount.
  • In Spain, the shipping cost is €15 for orders under €80 and is free for orders above this amount.
  • In France and Germany, the shipping cost is €15 for orders under €120 and is free for orders above this amount.
  • In the rest of Europe, the shipping cost is €15 for orders under €150 and is free for orders above this amount.
  • In Switzerland, the shipping cost is CHF 26 for orders under CHF 200 and is free for orders above this amount.

Orders are generally processed and handed over to the courier the business day following the order confirmation sent by Rolland. Saturdays and Sundays are not considered business days, so orders placed on these two days will be considered submitted on the next business day.

Delivery times for the Buyer start from the moment the email confirming the shipment of the products is sent by Rolland and are typically as follows:

  • 1-3 business days for deliveries within Italy;
  • 3-5 business days for deliveries within the EU.

For shipments to islands, these times may be extended by 1-2 business days. Delivery estimates are indicative and may vary.

In the event of a delivery delay exceeding 14 (fourteen) business days, the Buyer may cancel their Order within a maximum period of 30 (thirty) business days from the date of receipt of the Order confirmation email by sending an email to support@oway.com.

Only if the delivery delay is solely attributable to Rolland and/or the courier, the Buyer will be entitled, in addition to the cancellation of the Order as provided above, to a refund of any shipping costs incurred, provided that the entire Order is returned by the Buyer to Rolland. The refund of the shipping costs will be made according to the procedures indicated in the "Returns and Exchanges" section, within 14 (fourteen) business days from the date of receipt of the goods by Rolland.

If the delay is not attributable to Rolland or the courier, the Buyer shall not be entitled to claim a refund of the amounts paid or a new shipment of the ordered products. If the Order is not returned in its entirety and completeness, the Buyer shall not be entitled to claim a refund of the amounts paid or a new shipment of the ordered products.

NON-CONFORMITY OF PURCHASED PRODUCTS

In the event of a conformity defect as per Article 129 of the Consumer Code, the legal warranty provided by Articles 130 and 132 of the same regulation shall apply. The Buyer will therefore have the right to have non-conforming goods replaced/repaired according to the Sales Contract.

In the event of receiving Products that are not in conformity with the Sales Contract, as per Articles 129 and following of the Consumer Code, the Buyer will forfeit any rights if they do not report the conformity defect to Rolland within 2 (two) months from the date of discovery, as provided by Article 132, paragraph II of the Consumer Code. The report of non-conformity must be made to Rolland's Customer Service by sending an email to support@oway.com, following the procedure described in the following Article 3.

In any case, Rolland cannot be held liable for conformity defects that manifest themselves after 2 (two) years from the delivery of the Product. The action to enforce defects not fraudulently concealed by the seller expires, in any case, within 26 (twenty-six) months from the delivery of the goods.

In any case, the Buyer is required to report any packaging defects of the Products noticed at the time of delivery by the courier, by noting on the transport document that the goods are accepted with reservation. The Buyer must also mention the packaging defect in the email reporting the conformity defects sent to Rolland, within the terms and methods described above.

In any case, unless proven otherwise, it is assumed that the conformity defects that become apparent within six months from the delivery of the Product(s) already existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect.

In the event of a conformity defect, the Customer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the Product, unless the request is objectively impossible to fulfill or is excessively burdensome for Rolland according to Article 130, paragraph 4 of the Consumer Code. In such cases, the Buyer may request, at their discretion, a price reduction or the termination of the Sales Contract. In any case, a minor conformity defect for which repair or replacement of the Product is not possible or excessively burdensome does not entitle the Buyer to request a price reduction or termination of the Sales Contract.

Rolland will indicate its availability to proceed with the request, or the reasons that prevent it from doing so, within 7 (seven) business days of receiving it. In the same communication, if the Buyer’s request is accepted, Rolland must indicate the shipping or return methods of the Product(s) and the time frame for the return or replacement of the defective goods.

PROCEDURE IN CASE OF NON-CONFORMITY OR MISSING PRODUCTS

The Buyer or the recipient of the Order must report the non-conformity or missing Products ordered to Rolland’s Customer Service by sending an email to support@oway.com. Rolland's Customer Service may request information regarding the identity of the Buyer or, if applicable, the recipient of the Order, and perform any verification that may be useful. Rolland's Customer Service will indicate to the Buyer, or the recipient, the procedure to follow to return the non-conforming Product or to obtain the missing Products.

Once the Products have been received, Rolland will check the condition of the packaging and the Products. Regarding the Products, Rolland will assess whether they are indeed non-conforming or missing. If this verification is positive, in accordance with Articles 130 and following of the Consumer Code, Rolland will replace the non-conforming Product or send the missing quantities of Products within 14 (fourteen) business days of receiving the Products by Rolland. The shipping costs of replacement or missing Products will be entirely borne by Rolland.

If Rolland is unable to replace or send the missing Products within the above term, it will immediately notify the Buyer at the email address provided at the time of purchase and will refund the Buyer the cost of these Products within 14 (fourteen) business days from the date on which Rolland receives the Products to be replaced or from the date of receipt by Rolland of the email reporting the issue, according to the procedures indicated in the "Returns" section.

Rolland will also refund the Buyer for the shipping costs, but only if the Buyer provides proof of the cost incurred to return the Products.

If, after examining the returned Products, Rolland reasonably believes that the Products cannot be considered non-conforming, the Buyer will not be entitled to a refund, and the Products will be returned to the Buyer at the latter's sole shipping expense. Similarly, the Buyer will not be entitled to receive the Products deemed missing by the Buyer if Rolland verifies that the Order was fulfilled correctly.

RIGHT OF WITHDRAWAL

The Buyer, pursuant to Article 52 of the Consumer Code, may exercise the right of withdrawal within 14 (fourteen) business days from the delivery of the Products; instructions for returning the Products following withdrawal can be found in the "Returns" paragraph of these GTCS.

The Buyer may also withdraw in the following cases:

  • If they have received an email from Rolland indicating additional shipping costs that were not foreseeable at the time of the Order.

RETURNS

The Buyer has the right to withdraw from the Sales Contract without any penalty.

To exercise the right of withdrawal, the Buyer must send an email to support@oway.com within 14 (fourteen) business days from the delivery of the Products, specifying the following:

  • First and Last Name
  • A contact phone number
  • The order identification number
  • The item code of the item to be returned
  • The reason for the return *optional

The goods to be returned must be shipped to the following address:
Rolland s.r.l. c/o Quickly Logistics House, Via al Corbè snc - 22076 Mozzate (CO)

To obtain a refund of the amount paid for the purchase of the products, the Buyer must return the purchased Products to the above address within 14 (fourteen) business days from sending the withdrawal notice to Rolland. The only costs to be borne by the Buyer are those related to returning the Product. The Buyer is also responsible for the risks associated with the transport of the returned goods.

Rolland reserves the right to refuse withdrawals exercised late, returns of Products shipped late, or returns of Products that are not in their original condition. The Buyer agrees to keep and take care of the received products with the utmost care and diligence, keeping them intact and sealed along with the original packaging. The Buyer will be responsible for any decrease in value that the Products have suffered as a result of handling other than what is strictly necessary to establish the nature, characteristics, and functioning of the same.

In any case, pursuant to Article 59, paragraph 1, letter e), the right of withdrawal is excluded if the Products are not perfectly sealed.

Once Rolland has received the goods in accordance with the above and has conducted the necessary checks, it will proceed to refund the Buyer within 14 (fourteen) business days from receiving the products, using the following methods:

  • If the payment for the Products being returned was originally made via credit, debit, or prepaid card, the refund of the amount paid will be made through the re-credit procedures provided in the Shopify Payments service's Terms and Conditions of security at the following link: Shopify Consumer Privacy Policy.
  • If the payment was originally made via PayPal, the refund of the amount paid will be processed according to the standard procedure of the platform, as described at the following link: PayPal Refund Procedure.

LIABILITY

Rolland S.r.l. shall be liable for any violations of Italian consumer protection laws, as stipulated in Legislative Decree 206/2005, that are attributable to it. However, Rolland S.r.l. shall not be held responsible for any violations of these General Terms and Conditions of Sale, even if foreseeable, that are due to a third party, the Buyer’s fault, the occurrence of a force majeure event, a fortuitous event, or any other event that is not directly attributable to Rolland S.r.l. due to its willful misconduct or gross negligence.

Rolland S.r.l. also disclaims any liability for direct or indirect damages, whether foreseeable or not, resulting from and/or related to the use of the website and/or the purchase of Products by the Buyer.

BUYER'S OBLIGATIONS

The Buyer declares that they have full legal capacity to act and enter into a purchase contract for the products on the Website under these General Terms and Conditions of Sale. In no case shall Rolland S.r.l. be required to verify the legal capacity of visitors and Buyers of the Website.

The Buyer also guarantees, assuming full responsibility and holding Rolland harmless from any adverse consequences, that their data, provided at the time of acceptance of these General Terms and Conditions, are truthful and allow for the identification of the true identity of the Buyer. The Buyer further agrees to immediately notify Rolland in writing, including via email, of any changes to the data provided. The Buyer is also informed of the need to communicate to Rolland a valid email address to enable the Seller to send Order confirmations and any other necessary communication.

WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The content of the Website, including, but not limited to, works, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos, and any other material, in any format, published on the Website, including menus, web pages, graphics, colors, schemes, tools, fonts, and the design of the website, diagrams, layouts, methods, processes, functions, and software, are protected by copyright and all other intellectual property rights of Rolland and other rights holders. The reproduction, modification, duplication, copying, distribution, sale, or any other exploitation of the images and content of the Website is prohibited without prior written authorization from Rolland. Any use of the Website's content for commercial and/or advertising purposes is also prohibited.

All other distinctive signs that distinguish the products sold on the Website are registered trademarks of their respective owners and are used by Rolland under license or as the owner. Any further unauthorized use of the aforementioned distinctive signs is prohibited. Under no circumstances may any distinctive sign present on the Website be used to unfairly benefit from the distinctive character or reputation of these signs or in a way that could harm them and their owners.

In no case may the user alter, change, modify, or adapt the Website, nor the material made available by Rolland.

WAIVER

The fact that one of the Parties does not enforce a breach of any of the obligations contained in these GTCS against the other Party shall not be interpreted as a waiver of the right to enforce the obligation in question in the future.

APPLICABLE LAW

All e-commerce services provided by Rolland are exclusively governed by the laws of the Italian State, regardless of the place of purchase or shipping of the Order. Any dispute relating to the existence, interpretation, execution, or termination of these GTCS and/or the contract concluded between the Buyer and Rolland shall be submitted, in the absence of an amicable settlement, to the exclusive jurisdiction of the competent courts based on the place of residence or domicile of the Buyer.

EUROPEAN COMMISSION DISPUTE RESOLUTION PLATFORM

The Buyer may attempt to resolve any dispute relating to the existence, interpretation, execution, or termination of these GTCS and/or the contract concluded between the Buyer and Rolland out of court by accessing the European Commission's online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr. The contact email to be indicated within the aforementioned platform is support@oway.com. It remains the right of Rolland to decline to resolve disputes through the aforementioned body.