1.1 These general terms and conditions of sale (hereinafter “Terms and Conditions”) regulate all sales of products (hereinafter “Products” or singularly “Product”) by la Rinascente S.p.a., having its registered office in Italy, Via Giorgio Washington 70 - 20146 Milan, Tax Code and VAT No. 05034580968, with fully paid-up share capital of Euro 5,115,996 (hereinafter “Rinascente”) or by third parties (hereinafter “Partner(s)”), as specified in more detail in Article 1.2. below, concluded at a distance on the website www.rinascente.it (hereinafter “Website”).
1.2. When the Products for sale on the Website are sold by the Partners, the Customer (as defined below) will be duly informed through specific indications contained on the Website page showing the details of each Product (hereinafter “Product Page”) and the Website will act as a mere “virtual display” for the purposes of selling the Partners’ Products Your Order (as defined below) is subject to the Terms and Conditions, also adopted by the Partners, as well as, for the Partners’ Products, to the additional specific terms of sale applied by each Partner present on the Product Page (hereinafter “ Partner’s Terms and Conditions”). The Partner's Products are sold directly by the Partner; Rinascente will not be a contractual party to the contract of sale entered into between the Partner and the Customer and cannot be held liable, for any reason whatsoever and under any circumstances, for any breaches by the Partner or any negative consequences that may result for the Customer from such breaches.
1.3. The online sales service on the Website is reserved exclusively for consumers. “Consumers” means natural persons, aged over 18, acting for purposes extraneous to their commercial, entrepreneurial, artisan or professional activity ( “Customer(s)”). Therefore, by expressly accepting the Terms and Conditions, the Customer declares to purchase the Products for purposes other than those listed above.
1.4. In view of its sales policy, Rinascente reserves the right not to process Orders sent by persons other than the Customer or Orders that are not compliant with its sales policy.
1.5. The purchased Product is intended exclusively for Italy; therefore, if, after the Product has been delivered, the Customer decides to export the Product to a country other than Italy, they will be responsible for the export and must comply with the regulations and restrictions applicable both to exports from Italy and to imports into the country into which the Product is to be taken. Rinascente hereby declines any liability in that regard.
1.6. The language used for concluding Contracts (as defined below) is Italian or English, according to the Customer's preference.
1.7. Customers must carefully read the Terms and Conditions, available on the Website, to be aware of the content before the purchase. Each Order Request (as defined below) may be saved and the Terms and Conditions downloaded using the respective browser command. Rinascente will, in any case, promptly send to the Customer a copy of the Order with all necessary information by email. The documents can be easily printed or saved using the functions made available by the common email programmes.
2.1. 2.1. All information on the Products, together with their price, is available on the Website.
2.2. Customers can also purchase digital gift cards online, the value of which is variable, decremental and non-rechargeable. Digital Gift Cards can be used as a payment tool both online, for the purchase of Rinascente Products, and for the purchase of Products through the On Demand service.
Gift Cards can also be used at Rinascente stores. However, the purchase of products sold by Partners of Rinascente is excluded, for which the issuance of a Rinascente tax receipt is not required. The Gift Card is valid for 12 months from the date of purchase; the expiry date and the residual value can be checked at all Rinascente stores and online at www.rinascente.it. Rinascente may set limits on the use of Gift Cards. For example, the use of Gift Cards as prizes in prize events is prohibited without the prior approval of Rinascente. In the event of loss, damage or theft, the Gift Card cannot be blocked or replaced and Rinascente cannot be held liable for its improper or unauthorised use by third parties.
2.3. Rinascente and the Partners do not guarantee to the Customer that the Products on the Website are available also at Rinascente stores.
2.4. The graphical representation of the Products displayed on the Website may differ from reality; the Customer must therefore rely upon the description of the Product and the characteristics of the same indicated on the Product Page. For Products sold by the Partners, Rinascente cannot be held liable for the accuracy of the information on the Partner Products. The style, models, characteristics and colours of the Products described on the Website may be changed without notice.
2.5. Rinascente and the Partners reserve the right to restrict, at any time, the quantity and/or type of Products on the Website; Rinascente also reserves the right to provide for a maximum value of Gift Cards purchased online. During the purchase procedure, if a Product is no longer available, the Customer will be notified via an automatic message. Rinascente cannot in any case be held liable towards the Customer due to the unavailability of a Product.
2.6. Rinascente is not responsible for any errors resulting from the failure of the Customer's internet connection to the Website.
3.1. The price of the Products indicated on the Website is shown in Euros and includes all applicable taxes or levies. Any delivery costs, specified on the Website page for selecting the delivery options, will be added to the price of the Products.
3.2. Rinascente and its Partners constantly check the accuracy of the prices of the Products indicated on the Website; however, the absence of errors cannot be guaranteed. If an error in the specified price of a Product is identified, Rinascente will reject the Order and will offer the Customer the opportunity to purchase the Product at the correct price.
3.3. .The promotions indicated on the Website will be applicable to the Product only where expressly specified for the latter on the Product Page.
4.1. The Website indicates the essential characteristics and price of each Product. The information shown on the Website does not constitute an offer by Rinascente or by the Partner.
4.2. Before submitting a purchase order proposal through the Website ( “Order Request”), the Customer must carefully read all instructions provided during the purchase process (also with regard to delivery costs and return policy), as well as the Privacy Policy and the Terms and Conditions.
4.3. When the Customer submits the Order Request, this constitutes a purchase proposal for the selected Product, regulated by the Terms and Conditions and if applicable by the Partner’s Terms and Conditions, and it is binding for the Customer, without prejudice to the right of withdrawal envisaged by Article 9. If the Customer makes an error when entering the address of the recipient of the digital Gift Card, the email address cannot be corrected by Rinascente and the order cannot be cancelled by the Customer. The submission of the Order Request by the Customer involves the obligation for the latter to pay the price of the Product and the shipping costs, if applicable.
4.4. Before submitting the Order Request, the Customer may make any corrections/changes to the details entered, following the specific procedure indicated on the Website; by way of example but without limitation, the Customer may change the quantity of Products to be purchased by adding or removing one or more Products from the shopping cart (hereinafter “Shopping Bag”). Digital Gift Cards cannot be purchased together with other Products. Digital Gift Cards cannot be purchased cumulatively with other Products.
4.5. To purchase a Product, the Customer must (i) enter the selected Product in the Shopping Bag by clicking on the relevant icon, (ii) complete the Order Request, (iii) select the payment and delivery method, (iv) accept the Terms and Conditions and declare to have read the Privacy Policy, (v) submit the Order Request through the Website.
4.6. Once the Order Request has been sent, the Customer will receive an automatic message confirming receipt of the Order Request. Only when the Customer receives the acceptance of the Order Request (hereinafter “Order Confirmation”), the Customer and Rinascente or the Partner have officially formalized the Purchase Order (“Order(s)”) and, therefore, the contract of sale (“Contract(s)”) is concluded.
For Order Requests relating to Products sold through catalogue, marked on the Site with the words "Yours by ..." (hereinafter "Catalogue Products"), the message confirming receipt of the Order Request will also contain the specification that the Order Request relating only to the Products in the catalogue has been accepted and therefore the Order is considered confirmed and the Purchase Agreement for the Catalogue Products correctly concluded between the parties. Rinascente's or the Partner’s acceptance (or rejection) of the Order Request will be sent to the Customer to the email address indicated by the latter in the Order Request.
For the purchase of digital Gift Cards, once the Order Request has been submitted, the Customer will receive an email containing the Gift Card and an indication of its value, validity and identification number.
4.7. In conformity with the provisions of Article 51, paragraph 7 of the Consumer Code, as well as those indicated in Article 13 of the E-Commerce Decree (as defined below), the Customer will promptly receive a copy of the Order with the summary of the essential details of the purchased Products, a detailed indication of the price and payment methods, information on the delivery costs and the terms and methods for exercising the right of withdrawal.
4.8. Rinascente or the Partner may reject an Order Request or cancel an Order, if already formalized, in the following cases:
(i) in the event of unavailability of the Products without prejudice to the provisions of Articles 2.4. and 4.9.; or
(ii) if the payment made by the Customer is not successful (by way of example, if the purchase price is not charged to the Customer's credit card); or
(iii) if there is a report, or the suspicion, of fraudulent or illegal activities, therein including the suspicion that the purchases are being made for commercial purposes;
(iv) in the event of any breach by the Customer of its obligations arising from a previous contract concluded with Rinascente or the Partners.
4.9. In the event of unavailability of one or more ordered Products, the Customer will be notified by email. In that case, the Order Request will be rejected or accepted only for the available Products. In the event of partial acceptance, the Customer is required to pay only the price relating to the available Products; if payment is made by credit card, the Customer will be charged only the amount corresponding to the Products available, in addition to any shipping costs, where applicable. If, on the other hand, payment is made by Gift Card, Rinascente will deduct the amount relating only to the Products available, in addition to any shipping costs, where applicable.
4.10. If the Products in the Catalogue ordered by the Customer are no longer available due to problems beyond the control of Rinascente (e.g. the Product has been eliminated from the supplier's assortment), Rinascente will promptly notify the Customer that the Order cannot be processed and consequently it will terminate the Contract, reimbursing the amount corresponding to the price and any shipping costs charged to the Customer, as better specified in Article 5.8.
5.1. The Customer will pay the price for the Products and any eventual shipping costs by choosing one of the payment methods available at the review and pay page of the Website.
5.2. The payment methods must be selected before sending the Order Request; these may vary depending on whether the Products are purchased from Rinascente or from the Partner and it is not possible to change them in any way once the Order Request has been sent.
Rinascente may provide for limits on payment methods for the purchase of digital Gift Cards
5.3. I. If the Customer needs to receive an invoice, it must select the specific option on the Website and provide the requested details before submitting the Order Request. The details for issuing the invoice must be those entered by the Customer in the billing address field on the Website. Changes to the invoice after it has been issued are not permitted.
5.4. Rinascente accepts payments made using the credit cards which will be indicated on the summary and payment page of the Website.
5.5. Transactions will be debited to the Customer's credit card only after:
(i) the credit card details have been verified;
(ii) authorisation to make the charge has been provided by the issuer of the credit card used by the Customer, and
(iii) the availability of the Product has been confirmed by Rinascente or the Partners.
5.6. The credit card will not be charged at the time of submission of the Order Request, but an amount equal to the value of the Order will be temporarily blocked on the credit card. It is understood that, with the Order Confirmation (which for the sales of Products in the Catalogue occurs at the same time as confirmation of receipt of the Order Request as specified in Article 4.6), this temporary charge will be cancelled and replaced by the corresponding amount charged to the Customer. The temporary charge will also be cancelled if the Order Request is rejected.
If the Customer selects the method of payment by credit card, the Customer may be directed to the payment provider's page to process the payment and must follow the instructions provided by the latter.
5.7. The Customer may also make the payment through the Cards issued by Rinascente and, in particular, through:
In the case of payment made by Gift Card, Rinascente will temporarily block the amount of the Gift Card for the value of the Order. The actual debit on the Gift Card will only be made following Order Confirmation by Rinascente; until that time, the Customer may not use the Gift Card for the value of the Order.
5.8. In the case of online payment with multiple payment instruments, for example with Gift Card and credit card, the amount of the Gift Card will be used with priority until its full value is used up. Only if the amount of the Gift Card is not sufficient for the payment of the Order will the different payment instrument selected by the Customer be used for the residual amount
5.9. All payments can be made only in Euro currency and therefore the Customer acknowledges and accepts that the exchange rate surcharges and the conversion fees established by the international circuits remain the sole responsibility of the Customer.
6.1. Rinascente will send to the Customer the Order Confirmation e-mail pursuant to Art. 4.6 which will include also a shipment confirmation to the address indicated by the Customer, as well as a second email confirming the Products have been delivered. Also Customers who purchased Catalogue Products, after the email confirming, receiving and accepting the Order Request, will receive the Order Confirmation email in order to be promptly informed of the shipment confirmation.
6.2. A link will be given in the Order Confirmation and shipment email, to enable the customer to track the status of the shipment. The Customer may use that link to keep updated in real time on any possible change of delivery. In addition, the Customer may access the "My Orders" section of its personal account to check the shipment status.
6.3. In the case of Orders consisting of two or more Products, separate shipments may also be arranged to speed up delivery.
6.4. In case of orders consisting of two or more Products delivered in multiple shipments, if the Customer has selected the payment on delivery method, where possible, each shipment will contain a receipt and the Customer must pay separately for each delivery only the price for the product subject to delivery.
6.5. In the case of purchase of digital Gift Cards, Rinascente will send the Gift Card to the email address indicated at the time the Order is issued by the Customer. Paper format of digital Gift Cards is not envisaged. Paper format of digital Gift Cards is not envisaged.
6.6. Once the Product has been shipped, the Order may not be cancelled or changed The return of Products already shipped must be carried out in accordance with the withdrawal procedure provided for in Article 9.
7.1. The Products purchased on the Website are delivered using the appropriate packaging for purchases on the Website.
8.1. The Products may be delivered, as chosen by the Customer before submitting the Order’s Request, to: (i) one of Rinascente stores as indicated on the Website, (ii) one of the collection points proposed by the Courier, if available (hereinafter “Access Points”), or (iii) the address indicated by the Customer in the Order Request, provided that this is in Italy, subject to any restrictions imposed by the Partner and specified on the relevant Product Page. In the case of a mixed Order of Products sold by Rinascente and one or more Partners or in the case of Products sold by one or more Partners, only the delivery service is currently available to the address indicated by the Customer under (iii). Delivery to the address indicated by the Customer will, in any case, take place on the street level, at the indicated street number.
8.2. The Customer, before submitting the Order Request, must choose between the standard delivery method and the express delivery method, if possible. The delivery method cannot be changed from standard to express or vice versa once the choice has been made. The standard and express delivery times and the respective costs are indicated on the Website. The scheduled delivery deadlines are, however, indicative and not binding. Deliveries will be made, in any case, at the latest within 30 (thirty) days from the date of the Order Confirmation, except in the event of force majeure or unforeseeable circumstances and with the exception of the Catalogue Products, for which specific delivery times are provided as indicated in the relevant Product Pages. In the event, due to events beyond the control of Rinascente, of a delay in the delivery of the Products (e.g. delays in production or procurement by the supplier), Rinascente will promptly notify the Customer of the new delivery times and the Customer will be free to accept the term indicated or to terminate the contract, obtaining a refund of the price and any shipping costs charged.
8.3 For a mixed Order of Products sold by Rinascente and by one or more Partners or Products sold by several Partners, the Products may be delivered separately. In that case, if the Customer chooses express delivery, when available, they will be charged for each shipment.
8.4 For standard shipments, the Customer may have to pay the shipping costs of the Products, which will be clearly indicated on the page for selecting the delivery options on the Website. In that case, the shipping costs to be charged to the Customer will be shown on the review and pay Website page and reported separately in the Order Request For express shipment, the shipping costs are always borne by the Customer and are also shown on the review and pay Website page and reported separately in the Order Request.
8.5. For express shipment, the shipping costs are always borne by the Customer and are also shown on the review and pay Website page and reported separately in the Order Request.
8.6. For shipments to the address indicated in the Order Request by the Customer, the purchased Products will be delivered by the courier selected by Rinascente or the Partners ( “Courier”).
8.7. Upon delivery, the Customer's signature (or that of a delegate) may be required. No deliveries are made to post office boxes.
8.8. The Customer (or its delegate) must check, upon delivery of the Products by the Courier or collection of the latter:
(i) that the number of packages delivered corresponds to what is indicated on the delivery document; and
(ii) that the packaging and respective seals are intact, undamaged, not wet or altered in any way.
Any damages to the packaging and/or to the Product or any lack of correspondence of the number of packages or the indications must be immediately disputed in writing on the Courier's delivery document and communicated to Rinascente, together with the photographic documentation, by email to customerservice@rinascente.it. Upon receipt of this report, Rinascente will evaluate the dispute raised by the Customer and will proceed, in the event that it is proven to be well founded, in accordance with the provisions of Article 12 below for defects of conformity of the Product. Once the Courier's document has been signed, without the Customer having raised objections, the Customer may no longer pursue any dispute in that regard.
8.9. If the Customer opts for the delivery of the Product at one of Rinascente stores or at an Access Point, when available, it will receive from Rinascente, after the Order Confirmation, also a confirmation of availability of the Product for collection at Rinascente store or at the Access Point and the Customer must collect the Product within 10 calendar days. Once that period has elapsed, the Product will no longer be available for collection and the cost of the Product will be refunded through the same method used by the Customer for the payment.
8.10. The risk of loss or damage of the Products is transferred to the Customer when the latter (or a third party designated by it, other than the Courier) enters into material possession of the Product.
Pursuant to Article 52 of the Consumer Code, the Customer has the right to withdraw from the Contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or its authorised representative on receipt of the Product) enters into material possession of the Product (so-called legal withdrawal). If the Customer orders several Products in a single Order and the Products are delivered separately, the period for exercising the right of withdrawal commences from the day on which the Customer or a third party designated by the Customer, other than the Courier, acquires possession of the last Product. Rinascente grants to the Customer an unlimited term to return the Product (i.e. conventional withdrawal).
9.2. To exercise the right of withdrawal the Customer shall return the purchased Product: (i) to Rinascente, for Rinascente's Products, sending it to the address indicated on the return label placed in the delivery box in which the Product was received; (ii) to the Partner, for the Partner’s Product(s), sending it to the address indicated on the return label in the delivery box and in the Product Page. The costs for returning the Product will be borne by Rinascente or the Partner.
9.3. The Products purchased must be returned intact, unused, in their original packaging (where provided), undamaged and bearing an identification tag with the disposable seal still attached as well as the warranty certificate (if applicable). In particular, also underwear and swimwear will be accepted only if returned in their original packaging, bearing an identification tag with the disposable seal still attached and the hygiene label still in place. If the Products have depreciated due to tampering with the same which is not strictly necessary to verify their nature and characteristics, Rinascente and the Partner reserve the right not to accept the return or not to refund in full the sums paid for the purchase of the Products not having their label, original packaging or altered in their essential and qualitative characteristics (for example, because they are subject to tailoring services), used or damaged.
9.4. Upon receipt of a notice of withdrawal from the Customer and having verified the correct execution of the terms and conditions referred to in this Article, Rinascente or the Partner arranges the reimbursement to the Customer of the price of the Product and, in the case of withdrawal, within 14 (fourteen) days from receipt of the Product, including the costs incurred by the Customer for the shipment, if it has opted for the standard delivery method.
Rinascente or the Partner makes the refund by the same payment method used by the Customer to purchase the returned Product, unless otherwise expressly agreed with the Customer and provided that the latter does not have to incur additional costs for that refund.
In the event of a total or partial return of one or more Products purchased entirely through a Gift Card, Rinascente will make a refund by issuing and sending to the Customer a new Gift Card of the value of the Product or Products returned.
In the event of a total return of the Products relating to an Order against a payment made with a Gift Card and another payment method, Rinascente will make a refund with the same payment methods used by the Customer and for the respective amount; for example, in the case of a return of a Product worth Euro 100 paid by the Customer with a Gift Card for the value of Euro 50 and by credit card for the value of Euro 50, Rinascente will re-credit the amount of Euro 50 to the credit card as well as issue and send to the Customer a new Gift Card worth Euro 50.
In the case of partial return of the Products relating to an Order made against a payment with a Gift Card and with another payment method, Rinascente will arrange the refund to the Customer by re-crediting the amount with priority given to the refund on the credit card or to other forms of payment other than the Gift Card, until the amount paid by the Customer is reached.
For example, in the case of an Order with a total value of Euro 200 concerning two Products, the first worth Euro 120 and the second worth Euro 80 paid with Euro 100 in Gift Card and Euro 100 by credit card, Rinascente will make the refund as follows: in the case of partial return of the Euro 80 product only: it will refund by crediting the entire Euro 80 to the credit card. In the event of a partial return of the Product worth Euro 120, Rinascente will make the refund by crediting Euro 100 to the credit card and Euro 20 by issuing and sending a new Gift Card to the Customer
9.5. Rinascente or the Partner may suspend the refund until Rinascente or the Partner receives the returned Product or until the Customer has provided proof of having reshipped the Product.
9.6. The Products bought from Rinascente may also be returned, within the period specified in Article 9.1., to Rinascente stores. No cash refunds will be made at Rinascente stores or at the Access Points; the refund will be made according to the procedure indicated in Articles 9.5 and 9.6.
9.7. The instructions for returning Products in accordance with this Article are also provided on the Website.
9.8. Pursuant to Article 52 of the Consumer Code, the Customer is entitled to return the Gift Cards purchased online within 14 days (fourteen) from the date of receipt by contacting Customer Service at the following address customerservice@rinascente.it or by calling 0291387388, provided that they have not been used, even partially.
10.1. In conformity with the provisions of Article 59, paragraph 1, of the Consumer Code, the right of withdrawal shall not apply to Orders relating to customised Products, by way of example and without limitation, Products engraved or embroidered with the Customer's initials. The right of withdrawal is also excluded for sealed Products that cannot be returned for hygiene or health-related reasons and that have been opened after delivery, by way of example, cosmetic products for care and personal care treatments.
10.2. The right of withdrawal may be excluded, in conformity with the provisions of Article 59, paragraph 1, also for other categories of Products, such as goods that are likely to deteriorate or expire rapidly, including food Products.
11.1 Products will not be replaced for a change of size. The Customer must return the Product that it wishes to replace and submit a new Order Request for the different size. Products purchased on the Website will not be replaced at Rinascente stores, without prejudice to the right of withdrawal pursuant to Article 9.
12.1. If a Product sold by Rinascente or the Partner shows a manufacturing defect or for any presumed defect of conformity relating to Products sold by Rinascente or by the Partner, the Customer may contact Rinascente Customer Services immediately by email at customerservice@rinascente.it or by calling 0039-0291387388.
12.2. The sale of the Products is subject to the legal guarantees envisaged by Articles 129, 130 and 132 of the Consumer Code. In accordance with those regulatory rules, the Customer is entitled to obtain the restoration of conformity of the Product by way of repair or replacement (the Customer may choose whether to obtain the repair or replacement of the Product under the conditions provided by law), at no cost to the Customer, or, if one of those remedies is unsuccessful, according to the provisions of Article 130, paragraph 7 of the Consumer Code, it may obtain an appropriate reduction of the price of the Product or the termination of the Contract. The Customer forfeits those rights if it fails to report the defect of conformity within the deadline of 2 (two) months from the date on which it discovered that defect of conformity. The action aimed at invoking a defect of conformity not wilfully concealed by the vendor is limited, in any case, to the period of 26 (twenty-six) months from the Product delivery.
12.3. If the Customer requests, in the terms indicated in this Article 12, the repair or replacement of the Product due to a defect of conformity of the Product itself, the delivery costs relating to the return of the Product to Rinascente or to the Partner to be repaired or replaced, along with all costs relating to the delivery to the Customer of the repaired or replaced Product, will be borne by Rinascente or the Partner. These costs include customs duties.
13.1. The Terms and Conditions and, consequently, the Contracts are regulated by Italian law and they must be interpreted based upon that law, including Italian Legislative Decree No. 206 dated 6 September 2005 ( “Consumer Code”), as well as Italian Legislative Decree No. 70 dated 9 April 2003 (“E-Commerce Decree”).
13.2. Any dispute arising from the interpretation, validity and/or execution of the Terms and Conditions and the Contracts will be deferred to the mandatory jurisdiction of the court located in proximity to the Customer's residence or domicile. In any case, in relation to any dispute that may arise in connection with the Terms and Conditions and the Contracts, the Customer may opt for an extrajudicial dispute resolution procedure, in compliance with Articles 141 et seq. of the Consumer Code. If the Customer opts for the aforementioned procedure, Rinascente will guarantee its participation in any amicable settlement attempt brought by the Customer before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of Commerce of Milan. Alternatively and residually for disputes between Rinascente and the Customer resident or domiciled outside of Italy, the Court of Milan shall have exclusive jurisdiction.
13.3. The Customer may also choose to use the extrajudicial dispute resolution platform provided by the European Commission, available on the website http://ec.europa.eu/odr.
14.1. For further information and assistance on the Website or with the online purchase methods, Customers may contact Rinascente Customer Services at customerservice@rinascente.it or call 0291387388.
Last updated 20 March 2023