Roland Iten

Conditions of Sale

ROLAND ITEN 's (ROLAND ITEN  "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following CONDITIONS OF SALE & SERVICE, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on ROLAND ITEN.com. We recommend you should keep a copy of the TOS for future reference.

ROLAND ITEN  is a trading name of The ROLAND ITEN  MECHANICAL LUXURY COMPANY, a company registered in Switzerland under registration number CH-550-1051171-2. Our VAT number is 675 479.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about ROLAND ITEN 's Privacy Policy  before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

• Registration
• Eligibility to purchase Orders
• Orders
• Pricing policy
• Sale price adjustment policy
• Acceptance of your order
• Payment
• Gift cards
• Promotion codes
• Insurance and delivery
• Returns and exchanges
• Intellectual property rights
• Content
• No commercial use
• Your activity
• Your rights
• Limits on our liability
• Compensation
• Our relationship
• No waiver
• Governing law

 

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address boutique@ROLAND ITEN .com. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify ROLAND ITEN  immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.


ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the ROLAND ITEN  terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to ROLAND ITEN , whose applications are acceptable to ROLAND ITEN  and who have authorized ROLAND ITEN  to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. ROLAND ITEN  reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where ROLAND ITEN  feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.


ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

ROLAND ITEN  offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to ROLAND ITEN . ROLAND ITEN  will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at ROLAND ITEN . Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

ROLAND ITEN  will store a record of your transactions for a minimum of one year.

You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site.


PRICING POLICY

Prices shown on the Site are in SWISS FRANCS and are exclusive of VAT which will be charged at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in payment section on the Site.

All prices and offers remain valid as advertised from time to time. The CHF price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in CHF, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.


SALE PRICE ADJUSTMENT POLICY

ROLAND ITEN  is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your ROLAND ITEN  account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.


ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and ROLAND ITEN  will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Lausanne, Switzerland and the language of the contract is English.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged.  If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.


PAYMENT

Payment can be made by credit card, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon dispatch of your order by ROLAND ITEN . You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to ROLAND ITEN , we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using PayPal, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered ROLAND ITEN  user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.


GIFT CARDS

ROLAND ITEN  Printed and Virtual Gift Cards are sold subject to the following terms and conditions:

• Gift Cards are valid for 12 months from date of purchase.
• Gift Cards can be redeemed against all products offered for sale on the  www.ROLANDITEN.com BOUTIQUE  site.
• Gift Cards are non transferable and may not be returned or redeemed for cash.
• If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
• If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
• If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
• Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
• ROLAND ITEN  is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
• ROLAND ITEN  is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
• ROLAND ITEN  reserves the right to cancel a Gift Card if we deem such action necessary.
• Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
• Sales tax and shipping is applicable on any products purchased with a ROLAND ITEN  Gift Card.
• Shipping is applicable on Printed Gift Cards.


PROMOTION CODES
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.


INSURANCE AND DELIVERY

ROLAND ITEN  insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by ROLAND ITEN , and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. ROLAND ITEN  are not responsible for any delays caused by destination customs clearance processes.


RETURNS AND EXCHANGES

CANCELLING YOUR ORDER UNDER THE DISTANCE SELLING REGULATIONS

If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us, provided you give us written notice within 7 working days of receipt. Notice of contract cancellation under the DSRs must be given in writing to:

Notice of Contract Cancellation, Customer Care Department, ROLAND ITEN  SA, CH1052 LE MONT SUR LAUSANNE, or by email to: boutique@rolanditen.com.

For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition, at your own cost. Cancelled orders should be returned to: ROLAND ITEN  SA, CH1052 LE MONT SUR LAUSANNE. All items must be returned unused and in their original condition, from the original delivery country.

We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse. In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost.

Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation within 7 working days of receiving the order, by email or post as described above, i.e. before requesting your RMA through your ROLAND ITEN  account.

Our free collections service (see below) is not available for orders cancelled under the DSRs.

RETURNS AND EXCHANGES USING OUR FREE COLLECTION SERVICE

As an alternative to using your rights under the DSRs, you may prefer to return or exchange items using our free returns and exchanges collection service. You must request your Returns Merchandise Authorization (RMA) number within 14 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Please refer to our Returns & Exchanges policy for further information.

Our policy – Items should be returned unused and with all ROLAND ITEN tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Where provided, any designer packaging such as authenticity cards, dust bags, and leather bags should be included with your return.
Please email boutique@rolanditen.com if any of your purchases have been delivered without ROLAND ITEN  tags.
All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.

Faulty goods – Goods are faulty if they are received damaged and/or where a manufacturing fault is clearing visible without wear and tear.  Items that are damaged as a result of normal wear and tear are not considered to be faulty.
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

Colors – We have made every effort to display as accurately as possible the colors of our products that appear on the  ROLAND ITEN Boutique . However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.


INTELLECTUAL PROPERTY RIGHTS

Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including ROLAND ITEN  Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by ROLAND ITEN  and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

 

CONTENT

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. ROLAND ITEN  tries to ensure that the information on this site is accurate and complete. ROLAND ITEN  does not promise that ROLAND ITEN 's Content is accurate or error-free. ROLAND ITEN  does not promise that the functional aspects of the Site or ROLAND ITEN 's Content will be error free or that this Site, ROLAND ITEN  Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.


NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.


YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.


YOUR RIGHTS

You have certain rights under the law. In Switzerland these include:

1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;


2. Certain remedies if a product is defective; and


3. A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.


LIMITS ON OUR LIABILITY

Nothing in the TOS is intended to affect your rights under the law (see "Your Rights" above).

If ROLAND ITEN  breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and ROLAND ITEN  at the time of you placing your order, and ROLAND ITEN  dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.


COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us ROLAND ITEN  harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

 

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and ROLAND ITEN  as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of ROLAND ITEN , and we shall not be liable for any representation, act, or omission on your part.

 

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

 

GOVERNING LAW

The TOS together with all our policies and procedures shall be exclusively governed by the laws of Switzerland without regard to its conflicts of law provisions. The competent courts in Lausanne, Switzerland shall have exclusive jurisdiction over any differences or disputes arising out of or in connection with these Terms. The waiver by RIML of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of Switzerland.  If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Date of Posting: April 2012