Conditions of sale
"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, Credit Card and PayPal. "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 in light of the changes provided for the "new consumer code" implemented by Legislative Decree 21/2014.
General conditions of sale
The following conditions are valid from 18 June 2018. 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 the 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.com where, following the procedures indicated, the contract will be concluded for purchase of the goods. Consumer means the actual 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 goods 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 upon even if of an equivalent or higher value.
3) OBLIGATIONS OF THE PURCHASER
The consumer commits, once the online purchasing procedure has been completed, to print and conserve the present general conditions, which, however, said customer 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 commits 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 said purchaser the process of executing the present contract and subsequent related communications; the personal data and e-mail addresses must be exclusively od said purchaser’s 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.
5) SELLING PRICES AND PURCHASING METHODS All selling prices of the products shown and indicated on the website http://www.tontarellishop.com for which constitutes 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 for 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.com. 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, the execution of the contract in the times and with the methods agreed. "TONTARELLI S.p.A." will not be liable in relation to any part 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.
7) CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
"TONTARELLI S.p.A." has the right to terminate the contract signed by 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. Any dispute between the parties on the subject of the present contract reference will be made to the court in the district where the consumer has his or her residence o domicile under European leglistation. It is also possible, for the resolution of disputes arising from the exact application of remote contracts, to resort to mediation procedures, pursuant to Italian Legislative Decree n. 28 of 4 March 2010. The possibility of using the voluntary and equal negotiation procedures provided for by article 2, paragraph 2, of the same Italian Legislative Decree n. 28 of 4 March 2010, as explicitly required by art. 66 quater co. of the Italian Legislative Decree 21/2014.
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, beginning on the day thee goods are received, and for services, from the day on which the "online" contract was 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 will 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 14 days from the date when notification is received from the consumer exercising the right of withdrawal. The amounts are understood as refunded within the terms if they are effectively returned, sent or be credited back after the expiry of the previously indicated term.
According to the provisions of Art. 54 of Italian Legislative Decree No. 21/2014 (New Consumer Code), the method for exercising the right of withdrawal is a written communication sent by:
a registered letter with a return receipt to the following address:
Via Camerano, 5
60022 CASTELFIDARDO (AN)
Toll free number: 800 502 2300 - Mon-Sat 8:30-12:30
or by Certified E-mail to the following address:
The communication may be sent, within the legal term, also by telegram, E-mail or fax, on the condition which 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 other necessary labels. To exercise the right of withdrawal and/or replacement it is possible to download the related forms on-line, inserting "New Consumer Code" in the search bar, or Italian Legislative Decree N. 206/2005 and subsequent modifications. 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.