PURPOSE AND DEFINITION OF THE ON-LINE CONTRACT The definition of “on line” contract implies a remote contract that has the purpose of purchasing goods and/or services stipulated by and between Tosti srl, with registered office in Viale Manzoni 84/e, 06135 Perugia hereinafter referred to as the “supplier”, recorded in the companies register of Perugia as No. 251258 and with VAT registration number 02930270547 and a client consumer, within the framework of a remote sales system organised by the Supplier that, for this contract, exclusively deploys the Internet technology. All contracts, therefore, will be concluded directly through the access by the client to the Internet site corresponding to address www. tostijewels.comThe definition of client consumer, hereinafter referred to as the “consumer”, implies only the natural person that stipulates the contract for purposes that cannot be referred to the entrepreneurial or professional activity eventually carried out.The term “client”, simply means the generally-implied purchaser, whether this be the Consumer.
ACCEPTANCE OF THE GENERAL SALES CONDITIONS AND THE CLIENT’S OBLIGATIONS
The contract stipulated between the Supplier and the Client must be understood as being concluded on the acceptance, even if only partial, of the order by the Supplier itself. This acceptance is deemed as tacit, unless otherwise notified in any form by the Client, starting from the second day after the supplier has received the order.The latter, by placing an order by means of the various modalities envisaged, acknowledges having viewed all indications provided during the purchasing procedure and, consequently, integrally accepting the general and payment conditions provided hereunder.
If the client is a Consumer, once the on-line purchasing procedure is concluded, it must print or save the electronic copy and, in any case, to save the present sales general conditions in compliance with the provisions of articles 3 and 4 of Leg. Dec. 185/1999 on remote sales. The issuing of the order confirmation, therefore, implies the full knowledge of the above provisions and their full acceptance.
Every right of the Client to claim for compensation or indemnification of damages from the Supplier, as well as ascribing to same any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or things, caused by the non acceptance, even partial, of an order, are excluded.
SELLING PRICES AND PURCHASE MODALITIES
All selling prices of the products present and indicated within the www.tostijewels.com site, constituting the offer to the public in compliance with art. 1336 of the civil code, are inclusive of VAT and packaging expenses. Only if the Client is a Company from European Union or Client from Country Extra European Union, the sale is Tax Free. These prices can vary at any time without the Supplier having to give notice of any kind; in any case, once the order for the product has been placed, it will not be subject to any price variation.
In case of shipping to foreign countries, possible additional costs due to taxes or duties envisaged by the legal norms in force in the Country of destination will also be for the Client’s account.
The Client can only purchase the products present in the catalogue at the time of placing the order and that can be viewed on-line at address www.tostijewels.com, as described in the relative information charts. It is understood that the picture accompanying the product’s descriptive chart may not be perfectly representative of the relevant characteristics.
METHOD OF PAYMENT
Credit Card: by means of this method of payment, contextually with the conclusion of the on-line transaction, all financial information (credit card number, expiry date, etc.) will be automatically submitted, through PayPal platform and an encrypted protocol (using secure http, the https), to the reference Institution that will see to debiting the Client’s current account with the amount relative to the purchase made. Tosti srl uses PayPal credit card payment systemwhich accept American Express, Aura, Master Card, Postepay, Visa, PayPal.
In case of cancellation of the order, by either the Client, as described in subsequent article 8, or by the Supplier in case of non-acceptance of the order itself, the deletion of the transaction will be requested. Once the transaction deletion operation has been carried out, under no circumstances will the Supplier be deemed responsible for possible direct or indirect damages, caused by delays in the selfsame operation.
The Supplier reserves the right of requesting from the Client the submission of identity documents as proof of ownership of the credit Card utilised for the payment. In the absence of the documentation requested, the Supplier could reject the order, therefore not concluding the contract.
At no moment in the purchasing procedure will the Supplier have access to information relative to the purchaser’s credit card, transmitted through a protected connection directly to the site of the Institution managing the transaction. No IT archive of the Supplier will save such data. Under no circumstance, therefore, can the Supplier be held responsible for the eventual fraudulent and unlawful use of credit cards by third parties, upon payment for products purchased.
Advance Banking Credit Transfer: in case of payment through Advance Banking Wire Transfer, what was ordered by the Client will be kept as allocated until the proof of the credit transfer has been received, and which will have to be sent to the Supplier at fax number 0039 075/398085 and/or to e-mail address: firstname.lastname@example.org. The shipping of items ordered will only be fulfilled upon the effective crediting of the amount due to the Supplier’s current a/c, that will have to take place within and not beyond 7 working days from the date of order acceptance.Advanced Banking Credit Transfer:
Bank: Monte Paschi Siena
IBAN: IT 28 D 01030 03005 000063148063
Swift/Bic: n. PASCITM1J42
TO: Tosti srlUpon these due dates being exceeded, the order will be deemed as automatically cancelled.The banking credit transfer motivation will have to include the order reference number, the name and surname of the Consumer.
SHIPPING AND DELIVERY MODALITIES
Shipping and delivery. The Supplier will take care of the delivery to Clients, at the address specified at the time of order placement, the products selected and ordered, according to the modalities as provided for in this article, from order acceptance through trustworthy couriers and/or shippers within 3 days from order acceptance The contract execution takes place upon consignment of the asset by the Supplier to the courier. In view of this, the Supplier cannot be held responsible in case of missed or delayed delivery nor for total or partial damage suffered by the goods in question. For these, only the courier entrusted with the shipping will be accountable.
At the time of delivery of the goods by the courier, the Client must check: that the quantity of goods ordered corresponds with what is indicated in the transport waybill; that the packaging is not damaged or wet or, in any case, altered; this applies to the fastening materials as well. Eventual damages must immediately be notified to the courier carrying out the delivery.
Once the courier’s document has been signed, the Client will not be able to contest any of the exterior characteristics of the goods delivered.
Delivery times. The Courier is committed to delivering the goods within the three days subsequent to that of shipment, within the Italian territory; for shipments to foreign countries, shipping times differ according to the relevant distance.
Should the shipping take place by means of another courier, delivery times will not exceed those provided for by art. 6 of Leg. Dec. 185/99 (30 days from the date of order and/or of the receiving of the payment, if available at warehouse). The above-mentioned delivery terms refer to products ex warehouse stock at the time of order.
Delayed delivery. Possible delays in the delivery of the goods will not be able to be attributed or ascribed to the Supplier. Nor, under any circumstance, will the Supplier be responsible for damages caused by other Couriers, as regards the delayed delivery of the goods to the client or third parties, since the contract is considered as having been executed upon the consignment of the goods to the courier.
Non-delivery. On delivering the goods, should the Courier find no-one at the specified delivery address, they will see to depositing the goods to the storage indicated on the card that will be left at the intended delivery place. After thirty days storage, the goods will be returned to the Supplier and the Client will have no recourse to any rights. All expenses, direct and indirect, will be entirely for the Client’s account.
The Supplier will consider the payment of the goods in lieu of penalties, as well as for possible greater damages suffered.
Shipping and packing expenses. The cost of shipping, duly highlighted within the specific page of the site that the Client will have viewed prior to confirming the purchase, will be entirely for the Client’s account if the price of the order, VAT included, is less than Euro 500, 00 for Italy and European Union and less than Euro 1.000,00 for the rest of the world. If the price of the order is more than Euro 500,00 for Italy and Europen Union and more than Euro 1.000,00 for the rest of the world, the cost of the shipping is free.
Invoicing. For every order placed on www.tostijewels.com, the Supplier issues an accompanying invoice that lists all the items shipped and which is closed in a sealed envelope that is dispatched together with the goods.For the issuing of the invoice, the information provided by the Client at the placement of the order will be utilised as the proof.
The non-correspondence of the goods ordered with those delivered will have to be immediately notified to the Supplier.
The Client will be able to purchase only the products indicated in the electronic catalogue made available, and in the quantities held in stock as shown in real time mode.
Should the goods not be available ex stock in the quantities wanted by the Client, he will be able to contact the Supplier via e-mail in order to receive all information necessary on the product and on the timing envisaged for stock provisioning of same.
The Supplier will not be held responsible for inefficiencies attributable to causes of force majeure and/or for fortuitous instances such as incidents, thefts and/or robberies involving the courier entrusted with the shipment, fires, explosions, strikes and/or shut-downs, earthquakes, floods and other similar events that might impede, totally or partially, the fulfilling of orders within the timing and modalities agreed upon at the stipulation of the contract.
Furthermore, the Supplier will not be responsible towards anyone as regards to damages, losses and costs sustained following the non-execution of the contract for the above-mentioned causes, since the Client will only have the right to the refund of the price paid, which will be the responsibility of the Forwarding Agent, who will therefore be the sole party responsible.
RIGHT OF WITHDRAWAL
In compliance with art. 5 of Leg. Dec. 185/1999, should the client be a Consumer, he will have the right to withdraw from the purchasing contract for whatever reason, without the need to provide explanations and without any penalty being imposed, without prejudice to the provisions of the present article.It is specified that this right is reserved exclusively to natural persons, and to those consumer clients that, in compliance with the provisions of art. 1, purchase the goods for purposes not referable to and outside of their professional activity.In order to exercise this right, the Consumer will have to notify the Supplier of his wish to withdraw, within 10 working days from the date of the goods having been received.This notification will have to be sent by registered letter with return advice of receipt, addressed to:Tosti Srl, Via Manzoni 84/E, 06135 PERUGIAor by means of telegram or fax sent, always within the above-mentioned 10-day term, followed by a registered letter with return advice of receipt, sent within the subsequent 48 hours.Once the above-mentioned notification of withdrawal has been received, the Supplier will promptly notify the Consumer of the instructions on the modalities through which the goods, undamaged and in the original packaging, with the original plastic seal, will have to be returned, which will have to take place within the subsequent 48 hours.
In any case, the right of withdrawal is subjected to the following conditions:
said right applies to the product purchased in its entirety, and the right to withdrawal cannot be exercised on a part only of the product purchased;
the asset purchased will have to be undamaged and will be returned in its original packing, complete in all its parts (including packaging and eventual documentation and accessory supplied), without anything missing. The plastic seal should not be removed.
such right will not apply to products manufactured according to specific measurements or that have clearly been personalised.
The shipping expenses relative to the return of goods are entirely for the Consumer’s account. The goods, until certification of reception at the Supplier’s warehouse has been provided, will continue to be the complete responsibility of the Consumer.In any case, the Supplier is not responsible in any way for damages or theft/misplacement of goods returned by means of uninsured shipping.
In case of withdrawal, the Supplier will see to refunding the Consumer the entire amount already paid, within 14 days starting from the date of reception of the goods. It will be the Consumer’s responsibility to promptly provide the banking co-ordinates through which the refund will be made (IBAN Code – the party to whom the invoice was issued).
The right of withdrawal totally falls away, should the essential condition of the asset being undamaged not be complied with (packing and/or contents), in the cases in which the Supplier has ascertained:
the original exterior packing and/or inner packaging being missing;
the absence of the product’s integrating elements;
damage to the products for causes other than its transportation.
All products sold by the Supplier are covered by the official manufacturer’s warranty: minimum validity of 24 months for the Consumer (a natural person that purchases the goods for purposes unconnected with his own professional activity).In order to exercise the right to the above-mentioned warranty, the Client will have to keep the invoice that will accompany the goods at the time of delivery.
The warranty applies to the product that will show compliance defects and/or malfunctions that will not have emerged upon purchase, on condition that the product itself has been utilised correctly and with due diligence, in other words in conformity to its usage destination and in compliance with the provisions provided in the eventual attached documentation.
CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
The Supplier has the right of terminating the stipulated contract by providing simple notification to the Client with adequate and justified motivations; in this case the Client will have the right, exclusively, to the refund of the amount that will eventually have been paid.The Client has the right of cancelling the contract within 24 hours from the order, by giving prompt communication to the customer service via e-mail address email@example.com
The obligations assumed by the Client with the present contract are of an essential character, by express agreement; the non compliance by the Client of even one only of said obligations will cause the automatic termination of the contract in compliance with art. 1456 of the civil code, without prejudice to the right of the Supplier to resort to legal action for the indemnification of further damages suffered.
GIURISDICTION AND COMPETENT COURT
The sales contract between the Client and the Supplier is intended as stipulated in Italy and is governed by Italian Law.
For the solutions of civil and penal disputes deriving from the stipulation of the present remote sales contract, the territorial competence is exclusively that of the Court in whose precinct the Consumer has his domicile, if this is within the Italian State territory.
ASSIGNMENT AND HANDLING OF PERSONAL DATA
The personal data required at the time of order issue are collected and processed in order to satisfy the express requests of the Client and will not in any case and for whatever reason be released to third parties. The Supplier guarantees its Clients compliance with the normative on the subject of handling of personal data, disciplined by the privacy code as per Leg. Dec 196, dated 30.06.03.The above-mentioned general conditions of sales may be modified or updated at any time by the Supplier. Such variations will become effective from the time published on internet site www.tostijewels.com and, as a consequence, will be applicable to the sales subsequent to said modification. INFORMATIVE IN COMPLIANCE WITH ART. 13 PF LEG.DEC. 196/2003Tosti srl, notifies its clients that:a) the personal data is necessary for the management of orders and, according to the consent expressed at the registration stage, could be utilised for promotional and/or sales reasons, as well as for statistics having the purpose of monitoring the degree of satisfaction of the customer based on the quality of the services rendered and on the activities carried out, aimed at activities for improving the evolution in favour of the client requirements.Consent not granted for the handling of data for commercial and promotional purposes will not jeopardise the carrying out of the activities required for the conclusion of the ‘on line’ order processing;b) for the purposes relating to the previous paragraph a), over and above the person responsible for the handling, also those entrusted with the marketing operations are authorised to carry out handling operations relating to said data.The data will not be revealed to third partiesc) the Data handling takes place through the utilisation of manual, IT and telematic tools by the Supplier and/or its specifically entrusted persons. In any case the processing takes place through logic strictly correlated to the above-mentioned purposes and, in any case, in such a way as to guarantee the security and confidentiality of the data that will furthermore be managed and protected within environments whose access is under constant control.d) The company responsible for the data handling is Tosti S.R.L., Via Manzoni 84/e, 06135 Perugia, Italy.e) As regards the handling of the above-mentioned data, the Client, in compliance with art. 7 of Leg. Dec. No. 196/2003, has the right of demanding from Tosti srl:1- confirmation of the existence or not of his personal data, their communication in intelligible format and knowledge of their origin, as well as the logic upon which the handling is based;2- cancellation, within an adequate term, of his data, its transformation into an anonymous format or the blocking of those handled in violation of the law;3- updating of the data, its rectification or, should this be of interest to him, its integration;4- confirmation that the operations as stated at previous points 2 and 3, have been brought to the knowledge of those parties to which they were communicated, always provided that this does not prove impossible or that it calls for the deployment of disproportionate means.
Furthermore, the Client has the right to oppose, for legitimate reasons, the handling of personal data that concerns him, even if pertinent to the purpose of its collection.