If you have any questions related to the Terms and Conditions or the Data Protection Policies you can contact us through our different forms of contact.
The contract may be formalised, at your choice, in any of the languages in which the Terms and Conditions are available on this web page.
2. OUR DATA
The sale of items through this web page is performed under the trade name ROLSER by “ROLSER USA CORP.”, with corporate domicile at 2727 PONCE DE LEON BLVD, CORAL GABLES, FL 33134 USA.. Telephone number (305) 503 31 55 and email address firstname.lastname@example.org.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSTITE
4. USE OF OUR WEBSITE
When you use this website and place orders via the same you undertake to:
- Make use of this web site only for legally valid queries or orders.
- Not make any false or fraudulent order. If we reasonably consider you have placed an order of this nature, we are authorised to cancel it and inform the relevant authorities.
By placing an order through this website, you declare that you are of age and have legal capacity to enter into contracts.
5. AVAILABILITY OF THE SERVICE
The items offered through this website are only available for shipment from the country from which you make the purchase.
6. HOW TO PLACE AN ORDER
To place an order, you must complete the online purchase procedure. After this, you will receive an email acknowledging your order (the "Order Confirmation"). Likewise, we will inform you via email that the product is being processed (the "In-process Confirmation") and has been sent (the "Shipment Confirmation").
7. TECHNICAL MEANS TO CORRECT ERRORS
If you detect an error when entering your personal data during your registration as a user of this website, you may modify said data in the section "My Account" if you registered at the checkout.
This website shows confirmation windows in various sections of the purchase process that do not allow you to continue with the order if the data in these sections has not have provided correctly. In addition, this web page provides details about all the items that you have added to your basket during the purchase process, so that before making the payment, you will be able to modify data in your order.
If you detect an error in your order after completing the payment process, you should get in touch immediately with our customer service department using the telephone or email address mentioned above, to correct the error.
8. AVAILABILITY OF THE PRODUCTS
All orders are subject to the availability of the products. If there are difficulties in terms of supplying products or if there are no items in stock, we will refund any amount you may have paid.
Unless there are circumstances arising from the customisation of products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the item/s listed in each Shipment Confirmation within the time period noted on the web page depending on the shipping method selected and, in any event, within 30 days from the date of the Order Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this fact and we will give you the option of going ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, keep in mind that we do not make deliveries on Saturdays or Sundays and public holidays in the post code of the delivery.
For the purposes of these Terms and Conditions, it shall be deemed that the "delivery" has taken place or that the order has been "delivered" at the time that you or a third party on your behalf takes possession of the products, which will be accredited with the signing for receipt of the order at the agreed delivery address.
10. IMPOSSIBILITY TO DELIVER
If it is impossible for us to complete the delivery of your order, we will attempt to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our warehouse. We will also leave a note explaining where your order is and how to proceed for it to be resent. If you are not going to be at the place of delivery at the agreed time, we ask that you contact us to arrange the delivery on another day.
In the event that after 15 days from when your order is available for delivery, said order has not been delivered for reasons not attributable to us, we will understand that you want to withdraw from the agreement and it will be considered resolved. As a result of the resolution of the agreement, we will refund all payments received from you, excluding delivery costs (except for any additional costs incurred as a result of your choice of a delivery modality other than the least expensive mode of ordinary delivery that we offer) without any undue delay and, in any case, within 14 days of the date on which we consider the agreement to have been resolved. Please note that the transport derived from the resolution may have an additional cost, hence we will be authorised to pass the pertinent costs on to you.
11. IMMEDIATE DELIVERY
In the event that your purchase is available with "Instant Delivery" and you have chosen this mode of delivery in ROLSER, your order may be delivered at the central offices of ROLSER. To this end, once the order has been prepared, we will contact you to inform you that it is available for collection. You may collect the order in person (for which you will need to provide the order number and your ID) or designate a third party to collect the order on your behalf, in which case, the latter shall provide the order number along with their ID (that is, ID of the designee).
The sale of items through the "Instant Delivery" service, when collection is carried out from the central offices of ROLSER, shall be performed by “ROLSER USA CORP.”, with corporate domicile at 2727 PONCE DE LEON BLVD, CORAL GABLES, FL 33134 USA.
If you make a purchase through the "Instant Delivery" service, these Terms and Conditions shall also apply, without prejudice to any other regulation that may be applicable.
12. TRANSFER OF RISK AND OWNERSHIP
The risks of the products shall be your responsibility as of the time of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to the same, including shipping costs, or at the time of delivery (according to the definition contained in Clause 9 above), if this were to take place at a later time.
13. PRICE AND PAYMENT
The prices on the website include VAT (if applicable).
Prices may change at any time, but (except as provided above) any potential changes will not affect orders for which we have already sent you an Order Confirmation.
If there is a typographical error in any of the displayed prices and a customer has made a purchase decision based on that error, ROLSER will inform the customer of such error, and both parties shall have the right to terminate the purchase without any liability or additional cost for the same.
Once you have selected all the items you wish to purchase, they will be added to your cart, and the next step will be to process the order and make the payment. To do so, you must follow the steps of the purchase process, filling in or checking the information requested at each step. Also, during the purchase process, before making the payment, you can modify your order details. You have a detailed description of the purchase process in the Buying Guide. Moreover, if you are a registered user, you have a summary of all orders placed in the My Account section.
You can use Visa card, Mastercard, and PayPal as payment methods. Also, for some products, you can pay by bank transfer.
By clicking on "Authorize Payment," you are confirming that the credit card is yours or that you are the legitimate holder of the same.
To minimize the risk of unauthorized access, your credit card data will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if such entity does not authorize the payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any contract with you.
14. PURCHASE AS A GUEST
This website does not allow the purchase as a guest. We need you to register in order to invoice correctly.
15. VALUE ADDED TAX AND INVOICING
In accordance with the provisions of Article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of items shall be understood as being located in the territory of application of Spanish VAT, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at each moment on the basis of the specific item being purchased.
Orders to be delivered to the Canary Islands, Ceuta and Melilla, not yet available, shall be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice of the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. You expressly authorise us to issue the invoice in electronic format, although you may at any time express your desire to receive an invoice on paper, in which case, we will issue and send the invoice in said format.
16. RETURN POLICY
16.1 Legal right to withdraw from the purchase
Right to withdraw
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification.
The withdrawal period shall expire 14 calendar days after you or any third party you indicated, other than the carrier, acquired the material possession of the goods or in the event of the goods which for part of our order which are delivered separately, as of 14 calendar days as of you or any party indicated by you, other than the carrier, acquired the material possession of the last of these goods.
To exercise the right to withdraw, you must notify “ROLSER USA CORP.”, with corporate domicile at 2727 PONCE DE LEON BLVD, CORAL GABLES, FL 33134 USA, on the telephone number (305) 503 31 55, or by writing to the email address email@example.com, regarding your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by mail or email). You may use the withdrawal form which is annexed to these Terms and Conditions, although its use is not mandatory. In order to meet the withdrawal deadline, it is sufficient that the communication concerning said exercise of this right is sent before the expiry of said deadline.
Consequences of withdrawal
As a result of your withdrawal, we will refund all payments received from you, excluding delivery costs (except for any additional costs incurred as a result of your choice of a delivery modality being other than the least expensive mode of ordinary delivery that we offer) without any undue delay and, in any case, within 14 calendar days of the date on which you informed us of your decision to withdraw from this contract. We will proceed to complete the refund using the same means of payment you used for the initial transaction. You will not incur any expense as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have submitted proof of their return, whichever is met first.
You must return or give us the goods directly to the central offices of ROLSER, or if the sale has been made within the EU you must request the return via our website using a courier, without undue delay and, in any case, within 14 calendar days as of the date on which you inform us of your decision to withdraw from the contract. The deadline will be deemed completed if you return the goods before the end of said deadline.
Unless you return the goods at the central offices of ROLSER or through a courier organised by us, you shall be responsible for the direct cost of returning the goods.
You shall be solely responsible for the decrease in value of the goods resulting from a handling that is different from that necessary for establishing the nature, characteristics and operations of the goods.
16.2 Contractual right to withdrawal
In addition to the legally recognised right to withdrawal granted to consumers and users and mentioned in Clause 16.1 above, we grant you a period of 30 days as of the Confirmation of Shipment to make any return of the products (except for those mentioned in Clause 16.3 below, regarding which the right to withdraw does not apply).
In the event of returning the products within the contractual term of the right to withdraw, but after the legal deadline, you shall only be reimbursed for the amount paid for such products. You will be responsible for paying the direct costs of returning the product when said return is not made to the central offices of ROLSER or through a courier organised by us if the sale has been completed within the EU.
You may exercise your right to withdraw pursuant to the provisions set out in Clause 16.1 above, although it you inform us of your intention to withdraw from the contract after the legal term for withdrawal, you shall in all cases return the goods within a period of 30 days as of the Confirmation of Shipment.
16.3 Common provisions
You shall not have the right to withdraw from the contract when its purpose is to supply any of the following products:
- Customised items.
- Items without their original packaging.
Your right to withdraw from the contract shall apply exclusively to products that are returned in the same condition as you received them. No refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition as they were received, or which have suffered damage, so be careful with the item/s while in your possession. Please, return the item using or including all its original packaging, instructions and other documents that may accompany the same.
You will be responsible for paying the direct costs of returning the product when said return is not made to the central offices of ROLSER or through a courier organised by us if the sale has been completed within the EU.
Returns at ROLSER.
You may return the products at the central offices of ROLSER. In this case, you will need to go to ROLSER and deliver along with the item, the documentation you have received along with the Confirmation of Shipment, which is also kept in your account on the Rolser website or mobile. You may submit the documentation showing it in digital form through the screen of your mobile device or submitting it is printed format at ROLSER.
Returns through courier.
If the sale has been completed within the EU, you may contact us through our return application so that we can organise its collection from your home. You must deliver the goods in the same package that you received them in, following the instructions you will find in the section "RETURNS" of this website. If you have made a purchase as a guest, you may request the return through courier, by sending an email to firstname.lastname@example.org
None of the two options will entail any additional cost for you.
If you do not want to return the products through any of the free options available, you shall be responsible for the costs of the return. Please note that if you decide to return the items using freight collect, we wil l be authorised to charge you the costs that may be incurred.
After examining the item, we will inform you if you are entitled to a reimbursement of the amount paid. The reimbursement of the shipment costs shall only be carried out when the right to withdraw is exercised within the legal term and all the items included in the order are returned. The reimbursement will be made as soon as possible and, in any case, within 14 days from the date you notified us of your intention to withdraw. Notwithstanding, we may withhold the refund until we have received the goods, or until you have submitted proof of their return, whichever is met first. The reimbursement shall always be made in the same payment method as used for paying from the purchase. You shall assume the cost and risk of returning the products, as indicated above. If you have any questions, you can contact us through our different contact channels.
16.4 Returns of defective products
In the cases in which you consider that at the time of delivery the product does not confirm to the terms of the contract, you must contact us immediately through our contact channels facilitating the details of the item and any damage it may have suffered and we will inform you on how to proceed.
El producto lo podrá devolver en las oficinas centrales de ROLSER o entregándolo a un mensajero que enviaremos a su domicilio al solicitar la recogida si la venta se ha hecho dentro de la UE.
We will proceed to carefully examine the returned product and we will inform you by email within a reasonable period of time regarding whether we will proceed to reimburse or replace the product (where appropriate). The reimbursement or replacement of the item shall be carried out as soon as possible and, in any case, within 14 days following the date on which we send you an email confirming that we are going to reimburse or replace the item that you are not satisfied with.
The amounts paid for those products shall be returned in the event of any defect or fault, when this actually exists, shall be fully reimbursed, including the delivery costs incurred for delivering the item and if the sale has been completed within the EU, the costs you have paid for returning the product to us. The reimbursement shall be made in the same payment method as used for paying from the purchase.
In any case, all your rights recognised by the legislation in force shall remain unaltered.
If you purchase as a consumer or user, we offer you guarantees for the products we market through this website, under the terms legally established for each type of product, therefore responding for any lack of conformity of the same that may come to light within two years following the delivery of the product.
It is understood that the products are in conformity with the contract provided they (i) comply with the description given by us and possess the features that we have presented on this web page, (ii) are suitable for the uses for which products of the same type are ordinarily used and (iii) are of the quality and have the common characteristics of a product of the same type that are reasonably to be expected. In this sense, if any of the products were not in accordance with the contract, you must inform us following the procedure detailed in point 16.1 above and through any of the means of communication provided for this purpose.
The products we sell, in some cases, may present the characteristics of natural materials used in their manufacture. These characteristics, such as the variation in the veins, texture and colour, shall not be considered as defects or faults. On the contrary, you should count on their presence and appreciate them. We only select the highest quality products, but the natural characteristics are inevitable and must be accepted as part of the individual appearance of the product.
18. LIABILITY AND EXEMPTION FROM LIABILITY
Unless expressly stated otherwise in the Terms and Conditions, our responsibility in connection with any product acquired on our website is limited strictly to the purchase price of the product in question.
However, and except where there are legal provisions to the contrary, we shall not accept any responsibility for the following losses, regardless of their origin:
- Loss of income or sales;
- Loss of business;
- Loss of profit or of contracts;
- Loss of expected savings;
- Loss of data
- Loss of time management or office hours
Due to the open nature of this website and the likelihood of errors that may occur when storing and transmitting digital information, we do not guarantee the accuracy or security of the information transmitted or obtained by means of this website unless expressly stated to the contrary.
19. INDUSTRUAL AND INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other industrial and intellectual property rights on the material or content provided as part of the web page are our property at all times or belong to those who granted us the license for its use. You will be able to make use of such material only in the form in which we or those granting the license for its use expressly authorise it. This will not prevent you from using this website to the extent necessary to copy the information related to your order or contact details.
20. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS
You must not perform abusive use of this web page by intentionally introducing viruses, trojans, works, logic bombs or any programme or material that is technologically harmful or damaging. You will not attempt to gain unauthorised access to this website, to the server on which said page is hosted or any server, computer or database related to our web page. You agree to not attack this web page through a denial of service attack or a denial of distributed service attack.
Failure to comply with this clause could lead to the commission of offences in accordance with the applicable regulations. We will inform of any breach of these rules to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in the event of failure to comply with this clause, you will immediately cease to be authorised to use this web page.
We will not be liable for any loss or damage resulting from a denial of service attack, viruses or other technologically harmful programme or material that may affect your computer, computer equipment, data or material as a result of the use of this website or of downloading content from the same or which the site redirects you to.
21. LINKS FROM OUR WEBSITE
In the event of our website containing links to other websites and third-party materials, said links are provided for informational purposes only, without us having any control over the content of said web sites or materials. Therefore, we accept no liability for any loss or damage arising from their use.
22. WRITTEN COMMUNICATION
The applicable laws require that some of the information or communications that we send be in writing. By using this website, you accept that the majority of said communications with us will be via electronic means. We will contact you by email or we will provide information by posting notices on this web page. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send electronically comply with the legal requirements for written communication. This condition does not affect your statutory rights.
The notifications that you send us should be sent through our email address: email@example.com. In accordance with the provisions of Clause 22 above and unless stated otherwise, we may send you communications either by email or to the postal address you provide when placing an order.
It is understood that the notifications have been received and have been correctly made in the same instant that they are posted on our website, 24 hours after having sent an email, or three days after the mailing date of any letter. To prove that a notification has been made, it shall suffice to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered to the post office or in a mailbox and, in the case of an email, that this was sent to the email address specified by the recipient.
24. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The contract between you, the user, and us is binding for both the user and for us and our respective successors, assignees and right-holders. You may not transfer, assign, encumber or otherwise dispose of a contract or any of the rights or obligations arising thereof, without our prior written consent.
We may transfer, assign, encumber or otherwise dispose of a contract or any of the rights or obligations arising thereof, at any time during the contractual term. To avoid any doubt, said transfers, assignments, encumbrances or other transfers will not affect the rights which, in this case, you, as a consumer recognised by law, or cancel, reduce or limit in any way any warranties, whether expressed or implied, that we may have granted.
25. CIRCUMSTANCES OUTSIDE OUR CONTROL
We will not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when this is due to events that are outside our reasonable control ("Force Majeure").
Force Majeure includes any act, event, lack of exercise, omission or accident beyond our reasonable control and includes, specifically, among others, the following:
- Strikes, lockouts or other industrial action.
- Civil unrest, riot, invasion, terrorist attack or threat, war (whether or not it has been declared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It is understood that the obligations shall be suspended during the period that the Force Majeure event continues, and we will have an extension in the deadline to comply with these obligations for a period of time equal to the duration of the Force Majeure event. We will use reasonable means to end the Force Majeure or to find a solution to comply with our obligations under the contract despite the cause of Force Majeure.
The lack of requirement on our part of strict compliance by you of some of the obligations assumed by you under a contract or these Terms and Conditions or our lack in exercising the rights or actions that may correspond by virtue of said contract or of the Terms and Conditions, shall not be construed as a waiver or limitation in relation to said rights or actions, neither will it release you from meeting such obligations.
No waiver by us of a specific right or action will constitute a waiver of other rights or actions arising from a contract or from the Terms and Conditions. No waiver on our part of any of these Terms and Conditions or of the rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the user in writing in compliance with the paragraph on Notices above.
27. PARTIAL NULLITY
If any of these Terms and Conditions or any provision of a contract were declared null and void by firm resolution issued by a competent authority, the remaining terms and conditions remain in force, without being affected by such a declaration of nullity.
28. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us relating to the subject of the Contract and supersede any other agreement, arrangement or earlier promise agreed between you and us verbally or in writing.
Both you and we acknowledge having consented to entering into a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or written document in the negotiations held by us prior to the same, except for what is expressly referred to in these Terms and Conditions.
Neither you nor we have action in the face of any uncertain statement made by the other, verbal or written, prior to the date of a contract (unless such an uncertain declaration were made in a fraudulent manner) and the only action available to the other party shall be for breach of contract in accordance with these Terms and Conditions.
29. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS
We reserve the right to modify the Terms and Conditions. We will keep you informed of the substantial changes made to the same. The amendments will not have retroactive effect and, except for possible exceptions according to the specific case, shall be applicable as of 30 days after the date of publication in the corresponding notice.
If you do not agree with the amendments made, we recommend that you do not use our web page.
30. APPLICABLE LAW AND JURISDICTION
The use of our web page and the contracts for the purchase of products through this website shall be governed by the Spanish legislation.
Any dispute arising from or related to the use of the web page or with said contracts shall be submitted to the non-exclusive jurisdiction of the courts and tribunals of Spain.
If you are procuring as a consumer, nothing in this clause will affect the rights recognised as such in the law in force.
31. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions will be welcome. We kindly ask that you send us such comments and suggestions, as well as any query, complaint or claim, through our contact channels or by using the postal address or email provided in Clause 2 of these Terms and Conditions. Your complaints and claims made to our customer service department shall be dealt with as soon as possible and, in any case, within legally established term. Likewise, they will be registered with an identifying code which we will provide to you, so you can follow-up said complaints or claims.
If as a consumer you consider that your rights have been violated, you may address your complaints to the email address firstname.lastname@example.org in order to request an out-of-court settlement of disputes.
In this sense, if the acquisition between you and us has been completed online through our website, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request an out-of-court settlement of consumer disputes, which is accessible at the Internet site http://ec.europa.eu/consumers/odr/.
In compliance the regulation on Personal Data Protection, you are informed that the personal data you provide will be incorporated into a file whose owner is “ROLSER USA CORP.”, with corporate domicile at 2727 PONCE DE LEON BLVD, CORAL GABLES, FL 33134 USA.
You are informed that you may exercise your rights to access, modify, delete, limit, transfer, oppose, to present a claim before a control authority, and withdraw your consent at any time, by means of a letter accompanied by a photocopy of your NIF/NIE/Passport, sent to the postal address indicated above.
Likewise, indicating that said data will be preserved for the duration of the relationship between the parties or for the years necessary to comply with legal obligations.