Terms and conditions
The use of the rcefoto.com website and purchases made through this channel are governed by these General Terms and Conditions of Sale and Use of Services, available on the website through the “Terms and Conditions” link.
The rcefoto.com website is owned by RCE PD Srl and is made available to the individual stores affiliated with the RCE Foto network in order to allow the display, promotion and sale to the public of the products available at each point of sale.
RCE Foto is a network made up of legally and commercially independent stores. Unless otherwise specified, the contract relating to the purchase of a product is entered into directly between the Buyer and the RCE Foto store selling the product.
RCE PD Srl manages the rcefoto.com platform and does not assume the obligations of the individual selling Store, except for products, digital content or services sold directly by RCE PD Srl, without prejudice to any mandatory obligations provided for by the applicable legislation.
The physical products published on the website are mainly second-hand goods, unless expressly stated otherwise.
DEFINITIONS
For the purposes of these Terms and Conditions:
RCE Foto: the network of stores operating under the RCE Foto brand.
RCE Foto Store or Store: the individual store affiliated with the RCE Foto network.
Selling Store: the RCE Foto Store that sells a specific product to the Buyer.
Seller to RCE: the private individual, professional or company that sells, transfers or trades in one or more products to an RCE Foto Store.
Buyer: any natural or legal person who purchases a product or service.
Consumer: a natural person who purchases for purposes unrelated to any business, commercial, craft or professional activity they may carry out.
Product: the physical item, generally second-hand, offered for sale through the rcefoto.com website.
CONDITIONS APPLICABLE TO RCE FOTO STORES
The RCE Foto Store that uses the rcefoto.com website to offer products to the public is directly responsible for the information relating to its products, the management of the sale and the fulfilment of the obligations arising from the contract entered into with the Buyer.
Each Store operates independently and undertakes to apply the protocols and standards established by the RCE Foto network.
CONDITIONS APPLICABLE TO THE BUYER
PRODUCT CHARACTERISTICS
The Buyer acknowledges that the physical products offered for sale through rcefoto.com are mainly second-hand goods and may therefore show signs of use consistent with the aesthetic and functional condition stated in the listing.
The aesthetic condition, characteristics and any relevant specific features of each product are indicated in the relevant product page.
PRICES, PHOTOGRAPHS AND DESCRIPTIONS
The prices published on the website include VAT and applicable taxes, unless otherwise indicated in accordance with tax legislation.
The photographs shown in the listings refer to the actual product offered for sale, unless expressly stated otherwise.
Descriptions are intended to represent the characteristics and condition of each product as accurately as possible.
PRODUCT AVAILABILITY
Second-hand products are generally unique items and may be available at the same time in a physical store and through other sales channels.
A request submitted through the website does not automatically result in the reservation or purchase of the product.
The Store checks the actual availability of the product and provides the Buyer with the information required to proceed with payment.
Until payment has been successfully completed, the product may be sold through other channels and the Store assumes no obligation to reserve it, unless expressly agreed otherwise.
CONCLUSION OF THE CONTRACT
The sales contract is considered concluded at the moment the payment is successfully completed.
Depending on the payment method used, payment is considered successfully completed when the transaction has been definitively authorised, when the amount due has been irrevocably credited to the Store, or when final confirmation of payment has been received in accordance with the agreed payment method.
A mere request for information, order request, reservation, telephone communication or email communication does not result in the conclusion of a contract.
Once the contract has been concluded, the Buyer will receive the relevant confirmation or order documentation.
PAYMENTS
Before payment, the Store informs the Buyer of the price of the product, any shipping costs and the available methods for completing the purchase.
Payment may be made using the systems made available by the Store, including payment card, bank transfer, instalment payment systems or financing, where available.
The Buyer must make payment in accordance with the instructions received and only after receiving confirmation of the product’s availability.
The Store shall not be liable for the unavailability of a product if the Buyer independently makes a payment without first receiving confirmation of availability or after the expiry of any deadline communicated for payment. In such a case, any amounts received will be refunded.
ORDER CANCELLATION
Before payment has been successfully completed, the Buyer may withdraw from the request without any sales contract having been concluded.
After payment has been successfully completed and before shipment, the Buyer may promptly contact the Store to request cancellation of the order.
If the request can be accepted, the Store will issue the refund in accordance with the methods applicable to the payment made.
Any rights granted to the Consumer by the applicable legislation regarding the right of withdrawal remain unaffected.
WARRANTY
Products purchased by a Consumer are covered by the warranty provided for by the applicable legislation.
The warranty applicable to products sold through rcefoto.com is at least 2 years, unless a shorter period is expressly indicated for the individual product, within the limits permitted by the applicable legislation.
Any specific warranty period may be indicated on the product page, in the listing, in the sales documentation or in the order confirmation.
Any additional commercial warranties offered by the Store are in addition to the mandatory rights granted by law and do not replace them.
If a product develops a defect during the applicable warranty period, the Buyer must contact the RCE Foto Store that made the sale and follow the instructions received in order to allow the product to be inspected.
The product may be delivered directly to the Store or shipped according to the arrangements agreed with the Store.
VAT REGIME FOR SECOND-HAND GOODS
For most second-hand goods sold by RCE Foto Stores, the Italian VAT margin scheme provided for by Articles 36 and following of Italian Decree-Law No. 41/1995, converted into Law No. 85/1995, applies.
In such cases, VAT is not shown separately on the invoice and cannot be deducted by the Buyer.
Some second-hand products purchased from professional sellers under the ordinary VAT regime may instead be sold under the ordinary VAT regime.
These products are identified on the website by the wording “IVA esposta”.
For such products, the tax documentation will show the taxable amount and the applicable VAT separately. The price published on the website will nevertheless remain inclusive of VAT.
Any possibility of deducting VAT or deducting the cost of the product for tax purposes depends on the Buyer’s tax position and the applicable legislation. The Buyer is advised to consult their accountant or tax adviser.
RIGHT OF WITHDRAWAL
SCOPE OF APPLICATION
The right of withdrawal governed by this section applies exclusively to purchases made by a Consumer under a distance contract or in other cases provided for by law.
The right of withdrawal due to a simple change of mind does not apply to purchases concluded directly inside an RCE Foto Store, without prejudice to any additional rights granted by the applicable legislation.
WITHDRAWAL PERIOD
The Consumer may withdraw from the contract without giving any reason within 14 days from the day on which the Consumer, or a third party designated by the Consumer other than the carrier, takes physical possession of the product.
In the case of a single order involving several products delivered separately, the period starts on the day on which the Consumer, or the third party designated by the Consumer, takes physical possession of the last product.
HOW TO EXERCISE THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, the Consumer must communicate their decision to the RCE Foto Store that made the sale by means of an explicit statement sent within the applicable period.
The Consumer may use the online function available at the following link:
WITHDRAW FROM THE CONTRACT
https://www.rcefoto.com/en/contacts
The procedure allows the Consumer to provide the information required to identify the Buyer, the contract and the product concerned.
After submitting the withdrawal request, the Consumer may return the product by shipping it, at their own care and expense, directly to the RCE Foto Store that made the sale, using packaging appropriate to the nature and value of the goods and ensuring that the product is returned complete with all accessories, equipment, documents and packaging received.
The right of withdrawal is considered to have been exercised within the applicable period if the relevant communication is sent before the expiry of that period.
The Consumer may also exercise the right of withdrawal through any other explicit statement sent to the Selling Store by email, certified email where applicable, or letter.
Use of the online procedure is not a requirement for the valid exercise of the right of withdrawal.
RETURN OF THE PRODUCT
The product must be shipped to the RCE Foto Store that made the sale without undue delay and in any event within 14 days from the date on which the Consumer communicated their decision to withdraw.
The deadline is considered met if the product is shipped before the expiry of the 14-day period.
Unless the Store has expressly offered to collect the product or otherwise agreed, the direct costs of returning the product are borne by the Consumer.
Where requested, the package must contain a copy of the purchase documentation and a copy of the communication relating to the return.
CONDITION OF THE RETURNED PRODUCT
The Consumer is responsible for the proper care of the product and for adequately packaging it until it is returned to the RCE Foto Store.
The product must be returned in the same aesthetic and functional condition in which it was shipped by the Store, except only for what is reasonably necessary to establish its nature, characteristics and proper functioning.
The product must be returned complete with all accessories, equipment, cases, caps, batteries, chargers, cables, manuals, documents and packaging received at the time of delivery.
Packaging, boxes and accessories must be kept and returned intact, except for normal opening necessary to access the product.
The following, by way of example, are not considered compatible with a simple inspection of the product:
- scratches, impacts, dents or other damage not present at the time of delivery;
- additional wear compared with the original condition;
- aesthetic or functional alterations;
- contamination or abnormal dirt;
- intensive use of the product;
- tampering;
- removal or alteration of labels, protective elements or identification elements;
- loss or damage of accessories and equipment;
- damage to packaging not necessary to open the product;
- any other alteration that reduces the commercial value of the product compared with the condition in which it was shipped.
The Consumer is responsible for any reduction in value resulting from use or handling beyond what is necessary to establish the nature, characteristics and functioning of the product.
CAMERAS AND SHUTTER COUNT
In the case of cameras, the Consumer may take a reasonable number of shots, exclusively to the extent necessary to verify the proper functioning and characteristics of the camera.
When the product is returned, the Store may, where technically possible, check the number of shots taken compared with the number recorded before shipment.
A reasonable increase compatible with a normal inspection of the camera will have no consequences.
A significant increase in shutter count, incompatible with a simple inspection of the product and indicating actual use of the camera, may be taken into account when determining any reduction in the value of the product.
INSPECTION OF THE RETURN AND REFUND
Once the returned product has been received, the RCE Foto Store will inspect the goods and compare their condition with the condition in which the product was originally shipped.
The inspection may include, by way of example:
- aesthetic condition;
- proper functioning;
- serial number;
- presence of all original accessories and equipment;
- condition of the packaging;
- any additional damage or signs of use;
- any alterations or tampering;
- in the case of cameras, where technically verifiable, the increase in shutter count.
The refund for the returned product is issued by the Store exclusively after the goods have arrived at the Store and have been verified as being in the same aesthetic and functional condition in which they were shipped, complete with all accessories, equipment, documents and packaging received and, in the case of cameras, with a reasonable increase in shutter count compatible solely with inspection of the product.
If the product differs from its original condition, shows damage, additional wear, missing items, alterations, tampering, missing accessories or use beyond what is necessary for normal inspection, the Store may determine any resulting reduction in value and take the corresponding measures provided for by the applicable legislation.
The reduction in value will be assessed taking into account, among other factors:
- the condition of the product before shipment;
- the condition stated in the listing;
- the nature and extent of the damage or wear;
- any cost required to restore the product;
- the loss in commercial value;
- the possibility of offering the product for sale again in its original condition.
The refund includes the payments received in relation to the product and, where required by law, the cost of the original delivery corresponding to the least expensive standard delivery method offered by the Store.
Any additional costs resulting from the Buyer choosing a more expensive delivery method than the available standard delivery method will not be refunded.
The refund will be made using the same payment method used for the original transaction, unless otherwise expressly agreed with the Consumer.
The inspection and refund procedure described in this section applies without prejudice to any mandatory deadlines, procedures and obligations provided for by the applicable legislation.
DIFFERENCE BETWEEN WITHDRAWAL AND A DEFECTIVE OR NON-CONFORMING PRODUCT
The procedure described above applies exclusively to the exercise of the right of withdrawal due to a change of mind.
If the product is defective, does not conform to the description given in the listing, has been damaged during transport or falls within the applicable warranty, the Buyer must contact the RCE Foto Store that made the sale using the relevant support channels.
In such cases, the provisions relating to warranty and product conformity apply rather than the rules governing withdrawal due to a simple change of mind.
EXCHANGE, TRADE-IN OR SALE TO RCE FOTO
If a customer offers a product to an RCE Foto Store for sale, exchange or trade-in, they must describe its characteristics, aesthetic and functional condition, accessories and any defects as fully and accurately as possible.
Remote valuations are made on the basis of the information provided by the customer.
Upon receipt of the product, the Store will carry out a physical inspection.
If the actual condition does not correspond to the information provided, the Store may issue a new valuation.
The customer may accept the new valuation or request the return of the product according to the conditions communicated by the Store.
SHIPPING
The Store normally undertakes to ship purchased products within one business day following confirmation of payment, unless otherwise indicated or in exceptional circumstances.
Any delivery times communicated are indicative where they depend on the activities of the carrier, without prejudice to any mandatory rights granted to the Buyer under the applicable legislation.
Upon delivery, the recipient is requested to immediately check the integrity and condition of the packaging.
In the event of visible damage, opening, crushing, tampering or other anomalies, it is strongly recommended that the delivery be accepted subject to a specific reservation, indicating the anomaly identified.
Such reservation facilitates verification of the origin of the damage and the possible handling of a claim with the carrier.
Failure to make such a reservation does not, however, automatically result in the loss of any mandatory rights granted to the Consumer.
Where the carrier has been selected independently and directly by the Buyer, the legal provisions governing the transfer of risk apply.
Any storage costs resulting from the impossibility of delivering the product for reasons attributable to the recipient may be charged to the Buyer.
Products shipped to a courier pickup point remain available for collection for the period established by the relevant carrier. Once this period has expired, the product may be returned to the sending Store and any costs incurred by the Store as a result of the failure to collect may be charged to the Buyer.
Standard shipping rates are indicated on the relevant page of rcefoto.com and may be modified by any promotions currently in force.
IN-STORE PICKUP
Where the Buyer selects in-store pickup as the delivery method, the product must be collected within 7 days of payment, unless otherwise agreed with the Store.
If the product is not collected, the Store will contact the Buyer to agree on delivery arrangements or the further handling of the order.
ONLINE COURSES AND DIGITAL CONTENT
PURCHASE AND ACCESS
RCE PD Srl may make online courses, video lessons, teaching materials and other digital content available remotely through rcefoto.com.
The main characteristics of each course, the programme, the price, the identity of the author, the methods of use and any technical requirements are indicated on the relevant presentation page.
The contract relating to the course is considered concluded when payment has been successfully completed.
Following payment, the Buyer will receive the instructions or credentials required to access the course.
Access is personal and reserved for the Buyer and may not be transferred, shared or made available to third parties, unless otherwise indicated.
The Buyer may access the course on the days and at the times of their choice, subject to the technical availability of the platform and the methods indicated on the relevant course page.
DURATION OF AVAILABILITY
Unless a different duration is indicated on the page of the individual course, access is granted without a scheduled expiry date and remains available for as long as RCE PD Srl keeps active the relevant service, platform or technological infrastructure through which the course is provided.
The expression “access without expiry” does not constitute a guarantee that the course or platform will remain available indefinitely.
RCE PD Srl may suspend, modify or discontinue the service in the event of termination of the business or the relevant digital service, technical impossibility, obsolescence of the platform, security requirements, legal or administrative provisions, force majeure or other circumstances that make continuation of the service impossible or unreasonably burdensome.
In the event of a planned discontinuation of the service, RCE PD Srl will, where reasonably possible, inform the affected users in advance and may allow access to the content until a specified date or allow any downloadable materials to be saved, where technically possible and permitted by the author’s rights.
Any mandatory rights granted to the Consumer by the applicable legislation remain unaffected.
AUTHOR AND COURSE CONTENT
Each course is designed and prepared by the author indicated on the relevant presentation page.
The author is responsible for the educational content, opinions, information, methodologies, demonstrations and materials provided as part of the course, as well as for any updates to them.
RCE PD Srl provides the commercial and technological infrastructure necessary for the sale and use of the course, but does not necessarily carry out prior or ongoing checks on the content prepared by the author.
The information contained in the courses is provided solely for educational and informational purposes and does not replace professional, technical, tax, legal, medical or specialist advice where such advice is necessary.
RCE PD Srl remains responsible for obligations that cannot be excluded or limited under the applicable legislation.
RIGHT OF WITHDRAWAL AND IMMEDIATE ACCESS
Where the Consumer requests immediate access to digital content before the expiry of the period provided for exercising the right of withdrawal, early access will be managed in accordance with the applicable legislation.
Where required by law, immediate access will be subject to the Consumer’s express consent to the commencement of supply and their acknowledgement that they are aware of the resulting loss of the right of withdrawal.
Such consent and acknowledgement will be obtained through a specific declaration during the purchase process and confirmed to the Consumer on a durable medium.
Where the requirements provided for by law are not met, the rights granted to the Consumer under the legislation in force remain applicable.
SHARING DATA WITH THE AUTHOR
For the performance and management of the course, the personal data strictly necessary for these purposes may be shared with the author indicated on the relevant presentation page.
Such data may include first name, last name, email address, telephone number and, where actually necessary, other information connected with the management of the course.
Such information may be used exclusively for purposes connected with the provision of the course, educational support, operational communications, management of access and any participation in a community associated with the course.
The role of the author under personal data protection legislation will be specified in the applicable privacy notice.
The author may not use the data for promotional or commercial purposes unrelated to the management of the course in the absence of an appropriate legal basis and, where required, the specific consent of the data subject.
PROCESSING OF PERSONAL DATA
Personal data is processed in accordance with the Privacy Policy published on rcefoto.com and any specific notices applicable to individual services.
APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions and the contracts governed by them are subject to Italian law, without prejudice to any mandatory rights granted to the Consumer under the applicable legislation.
For disputes relating to contracts entered into with a Consumer, the competent court shall be the court determined by the mandatory consumer protection provisions applicable.
For disputes relating to the sale of products involving persons who do not qualify as Consumers, the court of the place where the Selling RCE Foto Store has its registered office shall have exclusive jurisdiction, unless otherwise agreed in writing.
For disputes between RCE PD Srl and persons who do not qualify as Consumers concerning services provided directly by RCE PD Srl, use of the platform or digital content, the Court of Padua shall have exclusive jurisdiction, unless otherwise required by mandatory provisions of law.