“TONTARELLI S.p.A.” with headquarters at Via Camerano, 5 – 60022 Castelfidardo (AN) Tax Code, Ancona Comp. Reg. No. and VAT No. 00468570429, share capital Euro 1,033,000 fully paid up intends to apply the concept of electronic commerce adopting for the moment only the system and methods of payment for Consumer Customers of Payment on Delivery and Credit Card. “TONTARELLI S.p.A.” also underlines the concept of consumer protection introduced with Italian Legislative Decree 50/1992, Italian Law Decree 22/5 No. 185/1999 on sales outside of commercial premises. In fact, the rules provided for in Italian Law Decree 50/1992 and Italian Law Decree 22/5 No. 185/1999 on contracts negotiated outside of commercial premises and subsequent rules set forth in Italian Legislative Decree No. 70 of 9 April 2003 and in Italian Legislative Decree No. 206 of 6 September 2005 the “Consumer Code”, which harmonises and reorders the regulations concerning purchasing and consumption processes in order to ensure greater protection for consumers, also apply to contracts signed electronically.
General conditions of sale
The following conditions are valid from 12 April 2012. The present general conditions may be updated or changed at any time by “TONTARELLI S.p.A.” which will ensure that they are communicated through a notice which will be published on our website. The consumer undertakes, each time a change is made to the present general conditions, to print them out and conserve them.
1) PURPOSE OF THE ONLINE CONTRACT AND ITS DEFINITION
The “online” sales contract is a remote contract, referring to a legal transaction regarding movable goods and/or services signed between a supplier, “TONTARELLI S.P.A.” and a consumer, a customer in the context of a remote sales system organised by the supplier which, for this contract, uses exclusively the remote communication technology known as the "Internet". All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address http://www.tontarellishop.co.uk where, following the procedures indicated, the contract will be concluded for purchase of the goods. Consumer means the natural person who purchases goods and services for purposes not directly linked to the professional business carried on.
2) AVAILABILITY OF THE PRODUCTS
“TONTARELLI S.p.A.”'s IT system is designed to guarantee the shipment of orders within 72 working hours following their acceptance. If the goods are unavailable, also temporarily, the supplier must inform the consumer and proceed, if necessary, to refund the amounts already paid for the supply pursuant to Art. 54 of Italian Legislative Decree 206/2005. Except with the consent of the consumer to be expressed before or at the moment of concluding the contract, the supplier may not fulfil its obligations by supplying products different from those agreed even if of an equivalent or higher value.
3) OBLIGATIONS OF THE PURCHASER
The consumer undertakes, once the online purchasing procedure has been completed, to print and conserve the present general conditions – which, besides, he or she will already have read and accepted as this is an obligatory step during purchasing – in addition to the specifications of the product being purchased. 3.1. The present conditions may be updated or changed at any time by “TONTARELLI S.p.A.” which will ensure that they are communicated through publication of a notice on the website. The consumer undertakes and promises, each time a change is made to the present general conditions, to print them out and conserve them. 3.2 It is forbidden for the purchaser to enter false, and/or invented data during the registration procedure, required to activate in relation to him/her the process of executing the present contract and subsequent related communications; the personal data and e-mail addresses must be exclusively his or her genuine personal data and not of other people, or imaginary. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of other people. The Management of “TONTARELLI S.p.A.” reserves the right to prosecute for every breach and abuse, in the interest and for the protection of all consumers. 3.3 The Customer relieves “TONTARELLI S.P.A.” of all liability deriving from the issue of erroneous fiscal documents owing to errors related to data provided by the Customer, as the said Customer is solely responsible for correctly entering data.
Filling in the personal data record, during the purchasing procedure, necessary to activate in relation to the Customer the process for execution of the present contract and subsequent related communications, the Customer authorises “TONTARELLI S.P.A.” to communicate the personal-common data (as defined pursuant to Art. 4 of Italian Legislative Decree 196/2003) to trusted couriers and/or shippers for delivery of the goods purchased so as to enable the procedures necessary for this purpose.
Shipment and delivery
“Tontarelli S.p.A.” can accept orders exclusively with delivery in the UK. It is “Tontarelli S.p.A.”'s right to not accept orders with delivery in minor islands and free zones. Shipments to Post Boxes are not accepted. Unless explicitly indicated by our Customer Service, delivery is understood as at street level. At the moment of delivery of the goods by the courier, the Customer is obliged to check:
- that the number of parcels being delivered corresponds to that indicated in the transport document sent in advance by e-mail;. - that the package is intact, undamaged, not wet or in any way altered, also regarding sealing materials (adhesive tape or metal strapping). Any damage to the packaging and/or to the product or non-correspondence of the number of parcels or the indications, must be contested immediately, writing WRITTEN CHECK RESERVATION on the courier's proof of delivery.
Once the courier’s document has been signed, the Customer may not make any objection about the exterior characteristics of the delivery. Any problems relating to the physical integrity, correspondence or completeness of the products received must be reported within 8 days of delivery being made, via e-mail, to the address: email@example.com. If the material present in storage at the courier’s warehouse is not withdrawn within 5 working days owing to repeated failed delivery to the address indicated by the Customer at the moment of the order, the order will be automatically cancelled; in this case Tontarelli S.p.A. will refund the amount received as payment, net of expenses for the attempted and unsuccessful delivery, and for the return of the goods.
Please, note that indicated transport cost is not valid for deliveries to the BOT's. Upon request, for any delivery to the BOT’s, we will submit you a specific quotation.
TERRITORIO ANTARTICO BRITANNICO
TERRITORIO BRITANNICO DELL’OCEANO INDIANO
ISOLE VERGINI BRITANNICHE
SANT’ELENA , ASCENSIONE E TRISTAN DA CUNHA
GEORGIA DEL SUD E ISOLE SANDWICH MERIDIONALI
AREA DELLE BASI SOVRANE DI AKROTIRI E DHEKELIA
TURKS E CAICOS
All selling prices of the products shown and indicated on the website http://www.tontarellishop.co.uk for which they constitute an offer to the public under the terms of Art. 1336 of the Italian Civil Code, include VAT, which can be seen in the summary list of the "Shopping Basket". The customer will be charged a contribution towards delivery expenses, which is clearly displayed before the order is completed, and delivery will be made via express courier. The delivery time is approximately 4/5 working days from the shipment date. The purchase contract is concluded by exact compilation and consent to purchase expressed through acceptance given “online”, or by signing the order form attached to the electronic catalogue present on the website http://www.tontarellishop.co.uk. There is no minimum purchase order constraint. The customer may pay for the goods ordered using the payment services indicated online at the moment of purchase. For greater customer protection “TONTARELLI S.p.A”’s Administrative office may carry out checks on the details of the person who made the order.
Liability “TONTARELLI S.P.A” assumes no liability for poor services attributable to force majeure and/or fortuitous events such as accidents, theft and/or robbery of the courier charged with the delivery, fires, explosions, strikes and/or lockouts, earthquakes, floods and other similar events which impede, wholly or in part, execution of the contract in the times and with the methods agreed. “TONTARELLI S.p.A.” will not be liable in relation to any party for damage, losses and costs suffered following non-execution of the contract for the aforementioned reasons, as the consumer only has a right to a refund of the price paid. In the same way “TONTARELLI S.p.A.” is not liable for any fraudulent or illegal use that may be made by third parties at the moment of payment for the products purchased.
Withdrawal and replacement
Consumers who for any reason are not satisfied with the purchase made, have the right to withdraw from the contract signed or request replacement of the goods, with no penalties and without specifying the reason, within the term of 14 working days, running for goods from the day they are received, and for services from the day on which the "online" contract is concluded. For the purposes of expiry of the term the goods are understood as returned at the moment in which they are delivered to the accepting post office or shipper. If the goods have been delivered, the substantial integrity of the goods to be returned is an essential condition for exercising the right of withdrawal. It is, in any case, sufficient for the goods to be returned in a normal state of conservation, having been kept and possibly operated using normal diligence. The only expenses payable by the consumer for exercising the right of withdrawal are the costs of returning the goods to the sender; with the exception of cases where you have received faulty, damaged or incorrect products. If the return of the goods derives from a mistake on our part, we shall also refund the shipping costs.
All articles must arrive in the same condition in which they were received, in the original packaging and with any manual, with nothing missing. It remains understood that the risks associated with transport for the return of the articles are the sole responsibility of the Customer. The refund must be made freely, in the shortest possible time and in any case within 30 days from the date when notification is received of the consumer exercising the right of withdrawal. The amounts are understood as refunded within the terms if they are effectively returned, sent or re-accredited with value date after expiry of the term previously indicated. According to the provisions of Art. 64 of Italian Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the method for exercising the right of withdrawal is a written communication sent by registered letter with recorded delivery to the following address:
TONTARELLI S.p.A. Via Camerano, 5 60022 CASTELFIDARDO (AN) - ITALY Tel. 071 721971 Fax 071 7219642 E-mail: firstname.lastname@example.org
The communication may be sent, within the legal term, also by telegram, e-mail or fax, on condition that it is confirmed by registered letter with recorded delivery within the next 48 hours; the registered letter is understood as sent in good time if it is delivered to the accepting post office within the terms provided for in the contract. “TONTARELLI S.p.A” will accept the goods returned reserving the right to check that the products have been redelivered in the original condition and with the original packaging. It is opportune to cover the original packaging of the product with other protective packaging which will keep it intact and protect it also from written notes and necessary labels. To exercise the right of withdrawal and/or replacement it is possible to download the related forms attached to the present communication. All parts of the form must be filled in and it must be sent using the methods indicated above. In the absence of the requirements indicated above, the Supplier will not be able to provide the Customer the right of withdrawal.
7) CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
„“TONTARELLI S.p.A.” has the right to terminate the contract signed giving a simple communication of this to the customer with adequate and justified reasons; in this case the customer will have the right exclusively to the return of any amount already paid. The obligations assumed by the customer pursuant to Art. 3 (Obligations of the Purchaser), and the guarantee of successful payment that the customer makes with the means pursuant to Art. 5, have an essential character, as also, by express agreement, non-fulfilment, by the Customer, of even only one of the said obligations will determine termination by right of the contract pursuant to Art. 1456 of the Italian Civil Code, without the need for a court judgement, without prejudice to the right for “TONTARELLI S.p.A.” to take legal action for compensation for further damages.
8) JURISDICTION AND COMPETENT COURT
Every dispute relating to the application, execution, interpretation and breach of the purchase contract signed "online" through the “TONTARELLI S.p.A.” website is subject to European jurisdiction; the present general conditions refer, for anything not expressly provided for herein, to the provisions of the Consumer Code. For any dispute between the parties on the subject of the present contract reference will be made to European legislation.
The personal data are collected for the purpose of registering customers and activating in relation to them the procedures for executing the present contract and the related necessary communications. These data are processed using both electronic instruments and in paper format and are processed and consulted only by internal subjects specifically appointed with a written authorisation. The information is not communicated to third parties or distributed. Data subjects may exercise the rights pursuant to Art. 7 of Italian Legislative Decree 196/2003: to ask for confirmation of the existence at “TONTARELLI S.p.A.”’s headquarters of their personal data; to know the origin, logic and purposes of the processing of such data; to obtain updating, correction and supplementation of such data; to request cancellation, transformation into an anonymous form or freezing in the event of illegal processing of such data; to oppose processing for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct selling and interactive commercial communications. Obtaining cancellation of one’s personal data requires a written communication sent by fax or by post to the company’s headquarters. The data controller is “TONTARELLI S.p.A.” with headquarters at Via Camerano, 5 – 60022 CASTELFIDARDO (AN) represented by Mr Sergio Tontarelli in his capacity also as data processor.
Useful information for purchasers
In the event of returns or replacements specify in the shipping parcel of the goods "E-commerce Product"