OVERVIEW

This website is operated by Rosenthal Sambonet USA Ltd.. Throughout the site, the terms “we”, “us” and “our” refer to Rosenthal Sambonet USA Ltd.. Rosenthal Sambonet USA Ltd. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 - GIFT CARD OR GIFT VOUCHER

1. The purchase of the Gift Voucher is made through the third party website vouchercart.com, the owner of which is VoucherCart Ltd, whose registered office is at Rutherford House, West Linton, Peeblesshire, EH46 7AS, UK., to which the T&Cs available online at vouchercart.com/merchant-terms-and-conditions apply. The purchase of a Gift Voucher implies full acceptance of these T&Cs, which are made available to the Customer at the time of purchase.

2. Gift Vouchers are used as a method of payment for online purchases made exclusively on our website www.rosenthalusa-shop.com. The Gift Voucher is not nominative and can be used by anyone to purchase items on our website. The Gift Voucher code must be entered in the appropriate field of the website checkout. More than one Gift Voucher code can be entered per purchase.

3. The Gift Voucher is valid for 5 (five) years from the day the Voucher is purchased and can be used several times until the credit balance is exhausted. At the end of its validity, the Voucher cannot be renewed or used to purchase items and the remaining value cannot be refunded or converted into money. Gift Vouchers cannot be used to purchase other Gift Vouchers.

4. Gift Vouchers may not be: reloaded, resold, used for payments outside the Website, redeemed for more than face value, transferred for value, redeemed for cash, returned for a cash refund (except to the extent required by law), or used in a manner otherwise prohibited by law. No part of the Balance may be transferred from one Customer Account to another Customer Account.

5. The risk of loss of ownership of the Gift Voucher is transferred upon electronic transmission of the Gift Voucher to the purchaser or designated recipient. Gift Vouchers must be obtained from us (Rosenthal Sambonet USA Ltd.), or an authorised third party. The Customer is responsible for safeguarding the Gift Voucher from unauthorised, misleading, deceptive, unfair, or otherwise detrimental use to Rosenthal Sambonet USA Ltd. We are not responsible for loss, theft, destruction, or unauthorised use of the Gift Voucher. Furthermore, we shall not be liable to the purchaser for any unlawful conduct or fraud by a third party associated with any Gift Voucher. We reserve the right, without prior notice, to cancel Gift Vouchers, without refund, to suspend or terminate customer accounts and/or the ability to use our services, to cancel or restrict orders, if the Gift Voucher has been obtained, used or applied fraudulently, illegally or in violation of these T&Cs.

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - RIGHT OF WITHDRAWAL

1. The Clients have the right to return the products purchased on Rosenthal Sambonet USA LTD. websites without being compelled to provide justification. No penalties shall be charged in this case. Return deadline is 30 calendar days from date of invoice/delivery or longer, if specific laws in force in the Country of destination rule so.

2. Upon receipt of Rosenthal Sambonet USA LTD. products, the purchase agreement shall be considered cancelled to all intents and purposes. The related duties, rights, or claims of responsibility shall be repealed. If returned products are damaged, Rosenthal Sambonet USA LTD. will have the right to compensate such damages with the payment already submitted by the Clients.

3. In addition to what paragraphs 1. and 2. of section 6 state, the right of withdrawal is subject to the following constraints:

  a) in order for the Clients to be authorized to return products to Rosenthal Sambonet USA LTD., they will have to contact Rosenthal Sambonet USA LTD. customer care by means of the “Return” functionality to be found on the websites. Deadline is 30 calendar days from date of invoice/delivery;

  b) after having been cleared for return, products will have to be shipped to Sambonet Paderno Industrie S.p.A. according to regulations shown in the websites “Return” section. In case the returning shipment fails to reach its factory, Rosenthal Sambonet USA LTD. will ask the Clients to provide exhibits of shipment, specifically the document signed by the person within the Company who received the returning shipment. In case the Clients fail to provide such exhibits, Rosenthal Sambonet USA LTD. will not allow any refund;

  c) the returning products must be unused, unspoilt, and undamaged;

  d) the product must be provided with its intact identification tag;

  e) the product must be returned in its original packaging, and must be provided with its accessories and/or user manuals if originally included.

4. As soon as Rosenthal Sambonet USA LTD. is able to acknowledge the fact that return constraints have been respected, the Clients will be forwarded an email giving them confirmation of return acceptance. Contextually, the refund procedure will start. The Rosenthal Sambonet USA LTD. commitment in this regard is to make sure that the Clients are refunded 30 days from date of refund request, regardless of the payment options the Clients selected upon payment. Products refund will always be performed on behalf of the Clients who actually submitted the payment.

5. In case the abovementioned conditions are not respected, the Clients will not be refunded by Rosenthal Sambonet USA LTD. Nevertheless, Clients only right is to ask for products redelivery, at their own risk and at their expense. If the Clients do not ask for products redelivery 30 days from date of receipt of Rosenthal Sambonet USA LTD. notification, Rosenthal Sambonet USA LTD. will have the right to retain both the products and the related amount.

SECTION 9 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our products and the related services are provided on an “as is” basis, subject to availability, and without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

Rosenthal Sambonet USA Ltd.’s aggregate liability to you for any reason and from all causes of action arising out of or relating to these terms, this agreement, the products or the related services shall be limited to the total amount you paid to us for the single transaction you completed during such time as your claim arose or $50, whichever amount is greater. We shall not be liable to you for any indirect, consequential, special, incidental, or punitive damages, injuries or losses arising out of or relating to the products and/or the related services, or any loss of use and loss of profits.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, intentional misconduct or fraud arising out of or relating to this program and/or the related services. If your state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability in your state or jurisdiction shall be limited to the maximum extent permitted by law.

In New Jersey, the limitations set forth in this section will not limit or exclude liability for negligence arising out of or relating to this program and/or the related services.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Rosenthal Sambonet USA Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of New Jersey, USA.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@rosenthalusa-shop.com.

SECTION 23 - DISPUTES

Any dispute or claim relating in any way to these to the Terms and Conditions, this Website, or any products or services sold or distributed by or through this Website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Terms and Conditions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.