Terms and conditions
Use of the rcefoto.com website and purchases made through it are governed by these General Terms and Conditions of Sale and Use of Services, available through the “Terms and Conditions” link.
These Terms and Conditions are made available to users before a purchase is concluded. They are considered accepted when the customer confirms an online order or concludes a distance purchase with an RCE Foto Store, including by telephone or email.
RCE Foto is a network of independent stores operating autonomously. Each item offered on the rcefoto.com website belongs to the store indicated on the relevant product page. That store is the seller of the product and the customer’s contractual counterparty.
The items offered for sale on the rcefoto.com website are second-hand goods.
The rcefoto.com website is owned by RCE PD Srl and is made available to affiliated stores to facilitate the presentation and sale of available items to the public.
RCE PD Srl does not guarantee the accuracy of information published on the website by affiliated stores and disclaims any liability for potential problems, damage or risks that users may encounter while using the website.
Matters relating to the operation and use of the rcefoto.com website are governed by Italian law, without prejudice to any mandatory provisions protecting consumers.
GENERAL TERMS
For the purposes of these Terms and Conditions, unless otherwise specified, the following definitions apply:
- RCE Foto Store: an individual store, regardless of its legal form, that is part of the RCE Foto network and offers its items for sale on the website.
- Seller: the RCE Foto Store that owns the item and enters into the sales contract with the Buyer.
- Buyer: the customer, whether an individual or a legal entity, who purchases one or more second-hand goods sold by the Store.
TERMS APPLICABLE TO RCE FOTO AFFILIATED STORES
By using the rcefoto.com website to offer items for sale to the public, the Affiliated Store declares that it fully applies all protocols and provisions set out in the affiliation agreement in order to provide its customers with the best possible service.
TERMS APPLICABLE TO THE BUYER
WARRANTY
The Buyer acknowledges and accepts that the purchased items are second-hand goods. Each RCE Foto Store independently decides to provide and assume responsibility for a warranty starting from 6 months, as indicated in each listing published on rcefoto.com and on portals such as subito.it, Leboncoin, Willhaben, eBay Kleinanzeigen, Wallapop, Allegro, Skelbiu and similar platforms. Any item found to be defective during the applicable warranty period must be sent or taken to the Store where it was purchased.
PRICES, PHOTOGRAPHS AND DESCRIPTIONS
The sales prices displayed on the website include VAT and all applicable taxes. All photographs and descriptions refer to the actual products offered for sale.
PRODUCT AVAILABILITY
Each item offered on the website belongs to a specific RCE Foto Store, which is clearly indicated on the relevant product page.
As second-hand products are generally unique items, their availability depends on the actual stock held by the selling Store.
When a purchase is made directly online, the customer can complete the order and payment independently, based on the information displayed on the website.
When a distance purchase is concluded with the assistance of the Store, including by telephone or email, the Store confirms the availability of the item, the total amount payable, the applicable shipping costs and the payment deadline before the purchase is completed.
An enquiry or order concerning an item may coincide with a sale completed at the physical Store or through another sales channel. If the item is no longer available, the Store will promptly inform the Buyer and refund any amount already paid.
ORDER CANCELLATION
Once an order has been placed, the Buyer will receive an email containing a summary of the order.
If the order has already been paid for but has not yet been shipped, a Buyer wishing to cancel it must promptly contact the selling Store, explain the request and provide the information required to identify the order.
The amount paid will be refunded exclusively by bank transfer. The Buyer must provide an IBAN and the details of the bank account holder.
The refund will be made within a maximum of seven days from the date on which the Store accepts the cancellation request.
VAT ON THE SALE OF SECOND-HAND GOODS
Most second-hand goods sold by RCE Foto are subject to the VAT margin scheme provided for by Articles 36 et seq. of Italian Decree-Law No. 41/1995, converted into Law No. 85/1995. In these cases, VAT is not shown separately on the invoice and cannot be recovered or deducted by the Buyer.
Some second-hand products acquired by RCE Foto from professional sellers under the ordinary VAT regime are sold with separately stated VAT. These items are clearly identified on the website by a specific notice.
For these products, the invoice separately indicates the taxable amount and the applicable VAT. The price published on the website always includes all applicable taxes.
The possibility of recovering VAT or deducting the cost of the item depends on the Buyer’s tax position, the nature of the purchase and the applicable regulations. Buyers are advised to consult their accountant or tax adviser.
PAYMENTS
Purchases may be concluded directly online or remotely with the assistance of the selling Store, including by telephone or email.
For purchases concluded directly online, the product price, any shipping costs, the total amount payable and the available payment methods are shown to the customer before the final confirmation of the order.
For purchases concluded with the assistance of the Store, the Store informs the Buyer by telephone or email of the availability of the item, the shipping costs, the total amount payable and the payment deadline before the order is completed.
Payments may be made by payment card, bank transfer or financing, depending on the payment methods available for the relevant order.
Payment is considered completed when the amount due has been irrevocably credited to the Store in accordance with the agreed terms.
Due to the unique nature of the items, the Store cannot guarantee that a product will be reserved if the Buyer makes payment outside the prescribed procedure, before receiving a required availability confirmation or after the communicated payment deadline has expired.
RIGHT OF WITHDRAWAL
No right of withdrawal applies to purchases concluded directly in a physical Store, unless the relevant Store expressly grants more favourable conditions.
For distance purchases, including purchases made online or by telephone, consumers have fourteen calendar days in which to exercise their right of withdrawal without having to provide a reason.
For the purchase of goods, this period begins on the day following receipt of the product by the consumer or by a third party designated by the consumer, other than the carrier. If an order contains several goods delivered separately, the period begins on receipt of the final item.
The right of withdrawal is reserved for consumers acting for purposes outside their trade, business, craft, profession or other professional activity.
HOW TO EXERCISE THE RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, the consumer must clearly inform the selling Store of the decision to withdraw before the fourteen-day period expires.
The request may be submitted directly online using the following form:
Exercise my right of withdrawal online
The consumer may also send the Store any other unequivocal statement expressing the decision to withdraw, including by post or email.
Use of the withdrawal form is not mandatory. When a withdrawal request is submitted, RCE Foto or the relevant Store will send the consumer confirmation of receipt on a durable medium, including by email.
Merely returning the product or refusing delivery of the parcel, without making a clear withdrawal statement, is not sufficient to exercise the right of withdrawal.
RETURNING THE PRODUCT
After communicating the decision to withdraw, the consumer must return or send the product to the selling Store within a maximum of fourteen days.
The product must be returned with all accessories, batteries, chargers, caps, cables and any other components supplied at the time of sale. The original packaging must also be returned where it is still available.
The direct costs and risks associated with returning the product are borne by the consumer. The product must be sent to the RCE Foto Store that completed the sale, at the address provided in the confirmation of the withdrawal request.
Consumers are advised to use a shipping method that provides parcel tracking and to retain proof of shipment.
CONDITION OF THE PRODUCT AND CONSUMER RESPONSIBILITY
The consumer may handle and inspect the product only to the extent necessary to establish its nature, characteristics and correct functioning, as the consumer could reasonably do in a physical Store.
The consumer is liable only for any reduction in the value of the product resulting from handling other than that necessary to establish its nature, characteristics and functioning.
Damage, scratches, impacts, contamination, inappropriate cleaning, disassembly, modifications, abnormal use or use clearly exceeding what is necessary to inspect the product may result in a reduction of the amount refunded.
For cameras, an increase in the shutter count that is disproportionate to a normal functional inspection may be considered when assessing any reduction in value.
Merely opening the packaging or carrying out a basic inspection of the product does not, in itself, constitute grounds for refusing the right of withdrawal.
REFUND
In the event of a valid withdrawal, the Store will refund the amounts paid by the consumer for the purchase of the product, including the cost of the standard delivery method offered at the time of the order.
Any additional costs resulting from the consumer’s voluntary choice of a delivery method more expensive than the standard delivery option will not be refunded.
The refund will be made within a maximum of fourteen days from the date on which the Store was informed of the decision to withdraw.
The Store may, however, withhold the refund until it has received the returned product or until the consumer provides evidence that the product has been sent back, whichever occurs first.
The refund will be made exclusively by bank transfer. The consumer must provide an IBAN and the details of the bank account holder.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in the cases provided for by applicable law, including certain personalised goods, sealed goods that have been unsealed for health protection or hygiene reasons, or goods covered by another statutory exception.
TRADE-IN OR SALE
In the case of a trade-in or sale, customers must provide a detailed description of the condition of the relevant item. If, upon receipt, the condition does not match the description, a second assessment will be carried out and the customer may accept the revised valuation or request that the item be returned.
SHIPPING
The Store undertakes to ship purchased items within one business day after receiving payment, unless a different timeframe has been communicated to the customer.
For domestic deliveries within Italy, shipments are made using BRT.
For domestic deliveries within France, shipments are made using Colissimo.
For domestic deliveries within Germany, shipments are made using DHL.
For deliveries from one European country to another, shipments are made using DHL.
The carrier and service applicable to the order are indicated during the ordering process or in the shipping confirmation.
The Store cannot be held responsible for delays directly attributable to the carrier, without prejudice to the rights granted to consumers under applicable law.
CHECKS UPON DELIVERY
Upon delivery, the Buyer must immediately check the external condition of the parcel, the integrity of the packaging and the absence of signs of impact, opening, crushing, moisture or tampering.
If visible irregularities are present, the Buyer must, where permitted by the carrier:
- refuse delivery or accept the parcel subject to precise and detailed reservations;
- clearly describe the damage observed on the delivery document;
- take photographs of the parcel before opening it;
- retain the packaging, protective materials and shipping label;
- promptly inform the selling Store and provide all available evidence.
General statements such as “subject to inspection” or “subject to unpacking” do not constitute sufficiently precise reservations.
If a parcel is accepted without reservation despite visible external damage, the Store may be unable to obtain compensation from the carrier. The resulting consequences will be borne by the Buyer, within the limits established by applicable law.
Any storage, redelivery or return costs charged by the carrier when delivery is not possible due to the recipient’s absence or unavailability, or because the recipient provided incorrect information, will be borne by the Buyer.
If a parcel is deposited at a post office, collection point, parcel shop, service point, BRT Fermopoint, Colissimo collection point or DHL ServicePoint, it will remain available for the period specified by the relevant carrier. Once this period expires, the parcel may be returned to the sending Store, which reserves the right to charge the customer the costs actually incurred.
Standard shipping rates are indicated on the shipping page, subject to any current promotions. Even during a promotion, the Store may charge a contribution towards shipping costs for certain low-value purchases, provided that this charge is shown to the customer before the final confirmation of the order.
IN-STORE PICKUP
If the customer selects in-store pickup as the delivery method, the item must be collected within seven days after payment has been received.
PERSONAL DATA PROCESSING
For information regarding the protection and processing of personal data, please refer to the Privacy Policy published on the website.
JURISDICTION
DISPUTES RELATING TO THE USE OF THE WEBSITE
Disputes relating to the technical operation of, access to or use of the rcefoto.com website are governed by the applicable law, without prejudice to any mandatory provisions protecting consumers.
DISPUTES RELATING TO THE SALES CONTRACT
Disputes relating to the validity, interpretation or performance of the sales contract concluded between the Buyer and the selling RCE Foto Store are governed by the law applicable to the relevant contract.
The consumer may bring proceedings before any court having jurisdiction under the applicable legal rules, including the court of the consumer’s place of residence where provided for by law.