General Terms and Conditions of Sale
These general terms and conditions, except for any exceptions specifically agreed upon in writing, govern the manner in which products are sold, with the User accessing the catalogue and purchasing the product through the shop area of the portal www.cirmy.eu together with the current price list shown on the same site and the contents that can be viewed through hypertext links from the aforementioned web page, expressly referred to in these contractual conditions.
They abolish and/or replace any agreements, covenants, including verbal ones, which may have been made before. Unless otherwise specifically agreed, the latest text of the General Terms and Conditions disclosed on the website www.cirmy.eu shall be deemed applicable to the relationship between the Parties. Amendments and updates shall be notified to Users by means of specific information on the Home Page as soon as they are adopted and shall be binding from the time of their publication on the site, replacing the previous version, without prejudice to the validity and effectiveness of the Conditions in force at the time of purchases made prior to the publication of the updated version.
It is therefore advisable to check the notices on the home page of the site and, in any case, to access this page regularly to check the current version of the publication.
They shall be deemed to be fully valid and effective between the Parties if expressly accepted at the time of the User’s registration and, in any case, pursuant to article 1335 of the Italian Civil Code, for the purposes of the legal presumption of knowledge thereof, if not contested in writing, by fax or email, within 15 days of registration or publication on the site or within the shorter period between publication and/or registration and purchase.
The site is also available in English, German and Spanish.
Should the General Terms and Conditions be translated into different languages, the Italian text shall be regarded as decisive and prevailing over any other translation.
The nullity, annulment or ineffectiveness of one or more articles contained in these General Terms and Conditions shall not entail the ineffectiveness or invalidity of the remaining clauses, which shall therefore remain effective between the Parties.
1. OBJECT OF THE CONTRACT
1.1 The object of this contract is the purchase and sale of items (innovative furnishing accessories in Cirmolo wood, lighting products, air sanitising products, home and leisure accessories and others, as better detailed in the online catalogue) presented in the e-commerce section of the website with their characteristics, costs and transport methods described in detail.
Tcrea offers for sale on the Site items almost exclusively produced by itself.
If the item is manufactured by a third party, it is in any case sold with the authorisation of the respective owners and/or retailers.
Tcrea does not sell used, irregular or substandard products on the Site.
The owner of the portal is Tcrea Srl – Via Prà di Risi 10 -33080 Zoppola (PN) Italy VAT NO. 80938 REA Number PN – 102316 PEC Address email@example.com
1.2 In any case, the User, at any time of navigation, before concluding the purchase, by accessing the pages of the site dedicated to the purchase of products, conditions, costs and other, expressly referred to by hyperlink in the dedicated web pages, can know in detail the characteristics of the products, the contents, the related cost. The images and colours of the products offered for sale on the Site may, however, change and/or not exactly match the real ones due to the effect of the Internet browser and monitor used.
1.3 Products are offered for sale at the price indicated on the Site at the time the relevant Purchase Order is placed. Product prices may be subject to change and variations. The prices indicated on the Site are to be understood as inclusive of VAT and, except where expressly indicated, do not include any additional costs for shipping and delivery, which, where applicable, are in any case made known to the Customer through clear indications on the Site and specifically referred to during the purchase procedure.
1.4 Tcrea reserves the right to change or delete certain information and/or services, as well as to supplement further products, indicating the related cost, as well as the right to change the manner in which the services are provided at any time.
2. FINALISATION OF THE CONTRACT AND USER REGISTRATION.
2.1 The negotiation procedure for the purchase of products consists of several consequential phases: the Customer accesses the Site to view all the offered items and selects the products, examining their photographic reproductions and descriptive cards and expressing his or her choices by means of a point & click mechanism, ticking the box corresponding to the chosen item (selecting, where required by the type of product, further specifications, such as colour, etc.), indicating the progressive number of products, and placing everything in the virtual shopping cart. The total cost will be visible with each product being added. After selecting the products and placing them in the virtual shopping cart, continuing with the appropriate button, the User may fill out the order form, entering, if necessary and/or requested by the User, the invoicing data (General Business Name, VAT, Tax Code, unique code, certified email – PEC), and the place of delivery of the purchased product. In this form, it is essential to enter a telephone number for any contact and an active email address to which the dealer will send an order confirmation message. The User, having examined the characteristics of the product, its cost, having viewed and accepted the conditions governing the sale, having filled in the form relating to invoicing data and, if different, shipping data, proceeds to choose the payment method. Finally, the check-out concludes the purchase. From the second purchase onwards, the user can avoid filling in his or her data manually and can access the reserved area via login. The contract is concluded upon payment of the agreed price. Upon conclusion of the order, Tcrea shall send a timely email confirming the order placed and enabling the Customer, by activating a hyperlink contained in the same email, to view again these general terms and conditions, print them out or save them in electronic form.
2.2 The description of the products and the sales and delivery terms, as published on www.cirmy.eu constitutes, on the part of the same, an invitation to enter into a contract, pursuant to the Italian Civil Code, which the User does by inserting the chosen products in the virtual shopping cart, activating the “Buy” button and paying the related cost, to be understood, for all legal purposes, as a manifestation of the will to negotiate. It should be noted that all information referred to in art. 2 of Leg. Decree 70/2003 and Leg. Decree 205/2006 are set out in these contractual terms and conditions, which are made known to the User prior to the conclusion of the contract by means of a hyperlink and expressly accepted by User, and made accessible to the same by email. The User is advised to print out and keep these conditions, as well as the order summary form containing the order number. It is emphasised that the email referred to in art.2.1 has the value of receipt of the recipient’s order and contains a summary of the general and specific conditions applicable to the contract, as well as information relating to the essential characteristics of the product, in compliance with art. 13 of Leg. Decree no. 70/2003. Finally, we would like to mention that, in replying to the confirmation email received, the Customer expresses his or her acceptance of the contractual clauses specifically brought to his or her attention, pursuant to articles 1341 et seq. In the event that the User does not receive the acknowledgement email within 24 hours from the forwarding of the Order, he/she must promptly contact Tcrea using the contact details available in the Contacts Section.
2.3 During the form-filling and purchasing procedures, the Customer may, at any time, access the different sections of the site describing the characteristics of the product, the prices applied, the payment methods, and may, at any time, view again, delete and rectify his or her data, without any obligation to conclude the purchasing procedure.
2.4 Pursuant to art.1327 of the Italian Civil Code, the Customer, in communicating his or her intention to purchase the products offered on the Site, expressly requests execution without prior acceptance.
3. CONDITIONS OF ACCESS AND AVAILABILITY OF SERVICES
3.1 Access to the catalogue and the product purchase procedure will take place via the Internet or, in general, with TCP/IP connections via a web interface. Verification of the compatibility of the connection equipment and/or software and/or network settings is the sole responsibility of the User. Tcrea may not, in any way, be held liable for any flaw, difficulty, discontinuity, delay or inability to access and/or use the services, resulting from the compatibility of systems, or related to any deficiency in the User’s software or hardware.
3.2 Furthermore, Tcrea may not be held liable for failure to fulfil its obligations, or for damages resulting from the temporary unavailability of the site content, due to the malfunction or failure of the electronic means of communication due to causes beyond its control (such as, but not limited to, power outages, unavailability of the telephone connection, etc.).
4. DELIVERY METHODS AND TIMING OF SERVICES
4.1 With regard to certain products, items may have limited availability. Unless otherwise indicated, however, the products shown in the catalogue are to be understood as ready for delivery, based on stock in the warehouse. The cost of shipment will generally be fixed throughout Europe, excluding the Islands (except for different detailed conditions applied by the carrier, as set out in the specific Order Form and, where required, in relation to timing/ready products, etc.) as indicated when filling out the purchase form. The selected product, where available in stock, will be delivered, as a rule and except in cases of force majeure, within 24/72 hours in the European territory, excluding the islands, according to the timing set out by the couriers. The deadlines run from the moment of confirmation of payment. Items are always supplied with original information sheets and labels, as well as original packaging.
4.2 Tcrea shall not be liable for any delays, and shall be subject to the storage, distribution and logistics times and procedures of the appointed courier company, depending on the distance in kilometres, the Customer’s availability and/or what is specified in the conditions of transport. If the products are purchased as part of promotional initiatives, during prize competitions or temporary initiatives of any kind, Tcrea does not guarantee delivery within the aforementioned terms. Such changes will be duly communicated by Tcrea on the Site and/or by email or other means of communication.
4.3 Unless otherwise indicated, in the event that the courier fails to make the delivery for any reason whatsoever, the same will leave a notice stating the contact numbers to call for setting a new delivery date. The courier delivers from Monday to Friday from 9:00 a.m. to 6:00 p.m. After two delivery attempts, the product will remain in storage with the courier for a period of 10 days, after which the product will be returned to the sender. If delivery is not possible, the Purchaser shall be informed immediately that the goods cannot be delivered and, accordingly, shall be refunded immediately all sums already paid.
4.4 There is no obligation on the part of Tcrea to accept the execution of the order made by the User, and Tcrea may, in its sole discretion, without obligation to state reasons, refuse to execute the order. Upon the occurrence of such an event, Tcrea shall promptly inform the Customer and refund any sums paid for the cancelled order.
5.1 The User shall pay to Tcrea, as consideration for the purchase of the products, the rates indicated in the price list published on the Site, with the payment method selected and according to the instructions provided online. The prices indicated on the Site are to be understood as inclusive of VAT and do not include any additional costs for shipping and delivery, are in any case made known to the Customer through clear indications on the Site and specifically referred to during the purchase procedure. When selecting the product, the Customer will see the exact purchase price, depending on the number of items selected, transport costs, etc. Payment is permitted by bank transfer to the bank details indicated on the website, credit cards of the main international circuits (e.g. VISA / MASTERCARD / AMERICAN EXPRESS) as managed by Stripe and Paypal, or through the KLARNA application in case of instalment payments. Orders cannot be paid for by cash on delivery and Postepay.
5.2 To proceed to payment by the means indicated in art.5.1, the User shall use the relevant page made available by the Company, entering the required data. The User acknowledges and accepts that payments and all management of the data required to make the payment are entirely handled by third-party companies other than Tcrea, and subject to the terms and conditions of use prescribed by the company holding the payment service, as can be viewed on the websites of each company. At no time during the purchase process referred to in this article is Tcrea able to know the User’s credit card information, which is transmitted via a secure connection directly to the payment gateway site handling the transaction. Financial information (such as the number of the credit/debit card or its expiry date) will be forwarded, via encrypted protocol, to the banks providing the relevant remote electronic payment services, without third parties being able to access it in any way. Moreover, this information will never be used by Tcrea except to complete the procedures relating to the purchase and to issue the relevant refunds in the event of any product returns, where permitted, or if it is necessary to prevent or report to the police the commission of fraud through the Site. No computer archive of Tcrea will retain such data. Therefore, under no circumstances can Tcrea be held liable for any fraudulent and undue use of credit cards by third parties at the time of payment.
5.3 In the event of payment by credit card, upon conclusion of the online transaction, the relevant payment gateway shall authorise the amount related to the purchase. In the event of cancellation of the purchase by the User due to the exercise of the right of withdrawal, within the limits in which it can be exercised, and/or due to a return (where replacement is not possible), Tcrea shall without delay request the cancellation of the transaction and the release of the committed amount. Release times, for some types of cards, depend exclusively on the payment gateway system and can be up to their natural expiry date (24th day from the date of authorisation). Once the cancellation of the transaction has been made, the User acknowledges and expressly accepts that under no circumstances may Tcrea be held liable for any damages, direct or indirect, caused by a delay in the payment gateway’s failure to release the committed amount.
5.4 For Users who have chosen to pay through the Paypal platform, Tcrea would like to remind you that Paypal, in order to guarantee maximum security in payments, verifies that the Secure Sockets Layer 3.0 (SSL) encryption protocol or later version is running on the user’s browser. This protocol protects the integrity of data during transfer to servers, using an encryption key of 168 bits in length (the maximum commercially available). In turn, Stripe ensures maximum IT security to prevent fraud, data theft and adopts encryption and data segregation protocols to preserve financial transactions.
5.5 Tcrea reserves the right to request the User to provide additional information (e.g. identification document) or to send copies of documents proving the ownership of the credit card used. In the absence of the required documentation, Tcrea reserves the right not to accept the order. In compliance with the European Payment Services Directive (PSD2), payment service providers have adjusted their systems, performing user identity verification (SCA) as required and increasing security standards 5.6. Tcrea reserves the right to adjust fees without prior notice. The new prices will only be applied for the Services requested after the change in prices.
6.1 Tcrea shall issue to the purchasing companies and/or, only where required in the case of private individuals, an invoice upon receipt of the amount paid, to be understood to include VAT.
6.2 The invoice, if any, shall be sent by email in PDF format within 48 hours after confirmation of payment, to the last address declared by the Customer, who is responsible for the correctness and up-to-dateness of that address. The Parties agree that it is the Customer’s express duty to promptly notify Tcrea of the non-receipt of the invoice if it has not arrived within 48 hours of payment. Where required by law, invoicing will be done electronically through the SDI.
7. GUARANTEES AND LIABILITY
7.1 As a result of the sale, Tcrea undertakes to transfer in favour of the Purchaser, who accepts, the ownership of the selected product, pursuant to art.1470 of the Italian Civil Code. The goods will be delivered to the purchaser’s domicile by courier according to the chosen method. The Customer declares, as of now, to bear the relevant delivery costs as detailed in the invoice and undertakes to provide all information useful for delivery (correct shipping address, correct telephone number for contacts) and to be present at the collection of the goods, so that he/she can ascertain their regularity and, if necessary, having ascertained tampering with the packaging, breakage of components or other anomalies, correctly perform the acceptance procedure with reservation as explained in art. 8.3 and in the Returns and Shipments Section.
By handing over the goods to the forwarding agent Tcrea is expressly released from any liability for the safekeeping and loss of the goods and/or for any delays in delivery.
7.2 The Customer declares to have fully examined the product and its characteristics and to have found it to be suitable for his or her needs and for the purposes for which it was purchased.
7.3 The foregoing is not intended to limit or restrict the legal warranty, provided by the manufacturer pursuant to Section 128 of the Consumer Code. Under this statutory warranty, in the event of a conformity flaw/defect, the Purchaser has the right, at his or her choice, to have the defective goods repaired or replaced by the seller, free of charge, unless the remedy sought is impossible or excessively onerous compared to the others. The timing of repair or possible replacement of the defective product depends on the type of product and/or defect, and no damages may be claimed from Tcrea for any delays in carrying out the repair and/or replacement. If replacement or repair is not possible, the consumer is nevertheless entitled to a refund of the price paid against return of the defective product to the seller. The product must be returned in the same condition as received, carefully packed in its original packaging, complete with all its elements and any documents and accessories. In order to limit damage to the original packaging, Tcrea recommends placing it in a second box.
The guarantee does not apply if the defect is caused by negligence, carelessness in the use and maintenance of the product, or any other non-standard use.
Tcrea reminds that the Purchaser can assert this right within and not beyond 60 days from the receipt of the goods or, in any case, within a maximum of 24 months from the receipt of the goods in case of hidden defects, provided that he/she submits a document certifying the purchase (purchase invoice or copy of the order and delivery documentation) and sends a communication to the Customer Service at the email address indicated in point 1.1. Any request made by email shall be promptly followed by the same communication addressed to the Seller by registered mail with return receipt to the address Tcrea Srl Via Prà di Risi 10 – 33080 Zoppola (PN) or by pec (certified email) to the account: firstname.lastname@example.org
After having received the report, Tcrea will contact the Customer to communicate the modalities for the return of the goods, which will take place without any additional cost for the Customer. Once the product returned by the Customer has been checked, Tcrea shall replace or repair it and proceed to ship the repaired or replaced product, subject to the provisions of art.130 of Leg. Decree no. 206/2005. If, upon inspection by Tcrea, the defect does not turn out to be a conformity defect, the customer will be charged for the costs of inspection and repair, if applicable, as well as the costs of transport if incurred by Tcrea.
7.4 The Parties expressly agree that for the products covered by the contract, any differences in colour, tone, definition, chiaroscuro or other differences between the version viewed online and the version delivered to the Customer do not constitute defects and discrepancies, valid pursuant to art. 1495 et seq. or for the enforcement of the legal guarantee, insofar as they are attributable to the brightness, contrast, sharpness or other parameters set on the Customer’s monitor.
7.5 The Customer shall in any event be entitled to exercise the withdrawal right within the terms set forth in art.52 et seq. of the Consumer Code, as further specified below.
7.6 The customer is aware that, according to the law, in the case of customised products, he or she is entitled to the guarantee for defects found and documented on delivery only and is not entitled to withdrawal.
8 OBLIGATIONS OF THE CUSTOMER
8.1 The Customer guarantees that the data reported in the Order Form are correct and up-to-date, guarantees that he/she is of legal age and has the capacity to act and to contract, releasing Tcrea from any responsibility in the event of violation by the same User of the obligations set forth in this art.8.1
8.2 With the purchase of the Product, the Customer acquires ownership of the Product, as received in execution of the purchase order, with the sole option of private use or for activities auxiliary to his/her own. Subsequent marketing or distribution is prohibited, unless otherwise agreed. The availability of the trade mark, logo and/or other content covered by industrial property rights or copyright does not in any way constitute the granting of a licence to use the same or the total or partial assignment of the patrimonial rights over the same, which remain with the Owner.
8.3 In implementation of point 7.2, the Customer shall, upon delivery of the goods, check that the number of packages delivered corresponds to the number indicated in the transport document and that the packaging is intact and undamaged, including the sealing tapes.
In the event of tampering and/or breakage, the Customer shall immediately dispute the shipment and/or delivery by affixing the word “GOODS UNDER CONDITIONAL ACCEPTANCE” on the copy of the delivery document to be returned signed to the courier or other operator, specifying in the same document the details of the findings (external appearance of the packaging, elements of breakage, damage, apparent breakage, tampering, etc.). In particular, the Purchaser undertakes to report to the courier, upon receipt, using the forms provided by the same courier, the presence of any breakage, tampering in the packaging, tearing of the sealing tape, spillage of liquids or oil on the packaging or anything else that may have damaged the item inside the packaging, as well as any circumstance that may have compromised the quality of the order. In the aforementioned circumstances, as well as in the case of products that are less than the number ordered, broken, tampered with, torn or otherwise manifestly defective, the customer is requested to document the complaint by photograph or video.
The Customer also undertakes to communicate the problem immediately and in any case within a maximum period of 24 hours by email to the address indicated in section 1.1, to be followed by a mandatory follow-up within a maximum period of 7 days from receipt of the goods, pursuant to art. 1495 et seq., a notification of the defects by registered mail with return receipt to be addressed to Tcrea Srl Via Prà di Risi 10 -33080 Zoppola (PN) or by pec (certified email) to the account: email@example.com with a detailed description of the complaint. The communication to be sent to Tcrea must contain a description of the damage and must be accompanied by photographs showing the same, in order to allow the claim to be investigated by the courier and any insurance companies.
Claims that contain descriptions that differ entirely from those transcribed in the conditional acceptance form delivered to the courier or that have not been duly reported, with the wording conditional acceptance and description of the anomaly found to the courier, will not be accepted, with the sole exception of non-apparent defects, under penalty of failure to open the claim and forfeiture of any right of recourse against the courier, with consequent loss of any right to indemnity, replacement or repair.
The Customer is aware that it will not be possible to obtain reimbursement for damage that has not been contested at the time of collection of the goods by affixing a “conditional” acceptance and by indicating exactly the type of damage in the product.
The foregoing is without prejudice to actions for partial loss or damage not recognisable at the time of return and therefore not mentioned in the delivery note, provided that in the latter case the damage is reported no later than seven days after its discovery.
9. RULES PURSUANT TO LEG. DECREE 70/2003
9.1 Pursuant to art.12 of Leg. Decree no. 70/2003, implementing Directive 2000/31, under the heading “Information for the conclusion of the contract”, the following information is provided below:
a) The various technical steps to be followed for the conclusion of the contract are clearly explained on the site www.cirmy.eu under each item, as well as in these General Terms and Conditions of Sale, which can be viewed in the Order Form and on the home page;
b) These General Terms and Conditions of Sale are stored on the site www.cirmy.eu and kept, in the current updated version, in hard copy at the dealer’s premises. The summary statements with the data entered by the User for registration are stored on a computer medium. The User receives a copy of that prospectus at the conclusion of the registration process in a format suitable for storage in electronic form, as well as for printing and storage on paper.
c) During the registration process, the User may at any time rectify the entered data. The system does not allow the successful completion of the registration procedure in the event of incomplete entry of the data required for the conclusion of the contract.
e) The contract may be concluded in the Italian language.
f) Any disputes that may arise in connection with this contract or related to it shall be regulated as set out in art.12 below. The User may avail him or herself of the alternative dispute resolution platform called “Resolve online” as specified in art.12.2. Furthermore, in the first quarter of 2016, the European Commission made available an online dispute resolution platform called the ODR platform, which aims to facilitate the out-of-court settlement of online disputes concerning contractual obligations arising from online sales or service contracts. The platform can be reached at the following link: http://ec.europa.eu/consumers/odr/
9.2 In order to make these terms and conditions of contract known, Tcrea has made them accessible independently of and upon completion of the purchase procedure by the User. In particular, the digital transmission system adopted by Tcrea inhibits the successful completion of the purchase procedure if the User has not read and expressly accepted, by means of a point and click mechanism, the present contractual conditions.
10. RULES PURSUANT TO LEG. DECREE 206/2005
10.1 In compliance with Leg. Decree 206/2005 known as the Consumer Code, which regulates contractual relations between a trader and a consumer, i.e. “a natural person acting for purposes that are outside his or her trade, business or profession”, the following is declared under art.49:
a) The main characteristics of the goods or services, to the extent appropriate to the medium and the goods or services: the product is identified as in art. 1 of this contract, as well as described in detail in the Information Sheets for each product, which can be viewed in the online catalogue.
b) c) The identity of the trader, the geographical address where the trader is established and the trader’s telephone number, fax number and email address, where available, to enable the consumer to contact the trader quickly and communicate effectively with him/her and, where applicable, the geographical address and identity of the trader on whose behalf it is acting: Tcrea Srl – Via Prà di Risi 10 -33080 Zoppola (PN) Italy V.A.T. 01759080938 REA number PN – 102316 PEC address firstname.lastname@example.org.
d) If different from the address provided in accordance with point c), the geographical address of the registered office of the trader to which the consumer may address any complaints and, if applicable, that of the trader on whose behalf it is acting: see point (c).
e) The total price of the goods or services inclusive of taxes or, where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated and, where applicable, any additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, an indication that those charges may be payable by the consumer; in the case of an open-ended contract or a contract including a subscription, the total price shall include the total costs per billing period; where such contracts provide for the charging of a fixed fee, the total price shall also be the total monthly costs; where the total costs cannot be reasonably calculated in advance, the manner in which the price is to be calculated shall be provided: the price is established as per the Price List, which can be viewed on the site under each item; the delivery costs to be paid are clearly indicated and correspond to the price charged by the courier. The duration of prices and offers is regulated by the Price List in force on the date of access to the site. The use of credit cards does not entail a surcharge. If there are any promotional offers in progress or to be launched, Tcrea shall inform its Users either by means of a prominent notice on the home page of the site, or by email, specifying that it is a promotional communication, whether or not subject to limitations, conditions or expiry dates.
f) The cost of using the means of distance communication for the conclusion of the contract when that cost is calculated on a basis other than the basic tariff: there are no additional costs for the means of distance communication with respect to the basic rate of connection, differentiated for each user according to the contractual conditions negotiated by the same with his/her provider.
g) The terms of payment, delivery and execution, the date by which the trader undertakes to deliver the goods or provide the services and, where applicable, the trader’s handling of complaints: the terms of payment for the provision of the service and any other form of performance of the contract are specified in these contractual terms and conditions, in art. 1, 2, 3, 4, 5, 6, 7, 8, as well as clearly set out in the individual sections of the site.
h) In the event of the existence of a right of withdrawal, the conditions, terms and procedures for exercising that right in accordance with art. 54, paragraph 1, as well as the standard withdrawal form in Annex I, Part B: the right of withdrawal may be exercised in the manner set out in art. 52 of the Consumer Code, within 14 days of receipt of the goods. In compliance with the provisions of art. 52 of Leg. Decree 206/2005, the information relevant to exercising the right of withdrawal is provided by Tcrea separately from the other contractual clauses, in a clear, conspicuous and easily comprehensible manner, and in typographic characters equal to or superior to the rest of the text. The form to exercise this right is made available on the site. The right of withdrawal is excluded for products customised at the Customer’s request.
i) if applicable, the information that the consumer will have to bear the cost of returning the goods in the event of withdrawal and in the case of distance contracts where the goods by their nature cannot normally be returned by post: purchased goods may normally be returned by post or courier. The Purchaser exercising the right of withdrawal will have to bear the costs of return.
l) That if the consumer exercises the right of withdrawal after having made a request in accordance with art.50 (3) or art.51 (8), the consumer is liable to pay reasonable costs to the trader in accordance with art.57 (3): not applicable.
m) If there is no right of withdrawal under art.59, the information that the consumer will not benefit from a right of withdrawal or, where applicable, the circumstances under which the consumer loses the right of withdrawal: there are grounds for excluding the right of withdrawal in online purchases between the Purchaser and Tcrea with regard to products personalised at the Customer’s request.
If the individual purchase falls under one of the exclusion hypotheses referred to in art. 59, the consumer shall lose the right to reconsideration.
n) A reminder of the existence of the legal guarantee of conformity for goods: the legal guarantee is operative according to the modalities explained in greater detail in art.7.3, in accordance with the regulations in force.
o) If applicable, the existence and conditions of after-sales assistance to the consumer, after-sales services and commercial guarantees: not applicable. It should be noted that certain products, specifically identified, have an EC certification.
p) The existence of relevant codes of conduct, as defined in art.18 (1) (f) of this Code, and how copies can be obtained, if applicable: Tcrea is not subject to specific industry codes of conduct. Tcrea complies with the principles of contractual fairness and good faith for the protection of consumers by adopting the sector regulations, where applicable by law.
q) The duration of the contract, if applicable, or, if the contract is for an indefinite period or is a contract with automatic renewal, the conditions for withdrawing from the contract: the offers are valid until they can be viewed on our site. Since it does not involve a periodic or continuous service, the contract has a duration equal to the execution of the sale, coinciding with the delivery of the goods to the Customer.
r) Where applicable, the minimum duration of the consumer’s obligations under the contract: the consumer’s obligations under the contract are valid until the contract has been performed and, in respect of the trademarks and logos of the goods purchased, also after the purchase.
s) If applicable, the existence and terms of deposits or other financial guarantees that the consumer is required to pay or provide at the request of the trader: not applicable.
t) If applicable, the functionality of the digital content, including applicable technical protection measures: the website and the operating system supporting it, together with any software implemented thereon, meet the highest standards of computer security, in accordance with the applicable regulations. Nevertheless, they cannot be guaranteed against discrepancies, defects, bugs or other anomalies.
u) Any relevant interoperability of the digital content with hardware and software, of which the trader is aware or can reasonably be expected to have become aware, if applicable: the site shall be considered interoperable with major browsers. No additional information is available. Reference is made to what is specified in articles 3.1 and 3.2
v) If applicable, the possibility of using an out-of-court complaint and redress mechanism to which the trader is subject and the conditions for having access to it: the consumer may make use of the alternative dispute resolution platform called “Resolve online” as specified in art.14.2. Furthermore, in the first quarter of 2016, the European Commission made available an online dispute resolution platform called the ODR platform, which aims to facilitate the out-of-court settlement of online disputes concerning contractual obligations arising from online sales or service contracts. The platform can be reached at: http://ec.europa.eu/consumers/odr/
11. PROMOTIONAL CODES
11.1 Customers who subscribe to the newsletter or take part in surveys will receive information on the products in the catalogue, and may receive invitations to presentations, events or other, be updated on any promotions and receive promotional codes where applicable.
The promotional codes received by email are strictly personal and non-transferable. Every promotional code, by nature, has a period of validity and this time limit cannot be extended in any way. In some cases, promotional codes are only valid under the conditions specified in the email containing the code.
11.2 Promotion codes are not cumulative, transferable and/or saleable. Tcrea reserves the right to refuse orders placed through the use of promotional codes that show signs of duplication or fraudulent use.
12.1 Tcrea informs you that in relation to the provisions of Leg. Decree no. 196 of 30.06.2003, as amended by Leg. Decree no. 101/2018 and Reg. EU 2016/679 and in compliance with the indications provided by the Privacy Authority, Tcrea processes personal data in accordance with the principles of correctness, lawfulness and transparency, protecting the confidentiality of the information related to the data subject and guaranteeing the scrupulous adoption of the most accurate and innovative security measures.
12.3 When filling in the purchase form referred to in art.2, Tcrea provides complete information pursuant to art. 13 of Leg. Decree no. 196/2003 in order to obtain the data subject’s consent to the processing of his or her data and to provide adequate information on, inter alia, the manner in which the data subject may exercise his or her rights under art. 7 of Leg. Decree 196/2003 and 15 – 21 Reg. EU 2016/679.
13. APPLICABLE LAW AND JURISDICTION
13.1 This agreement shall be governed by Italian law.
13.2 In the event of disputes arising out of or in connection with this contract, the parties undertake to seek a fair and amicable settlement among themselves.
13.3 If the dispute is not settled, the same shall be referred to the exclusive jurisdiction of the Court of Pordenone.
13.4 If the party to this contract is a natural person who can be defined as a “consumer” under art. 3 of Leg. Decree no. 206/2005, the attempt at conciliation having failed, the dispute shall be brought before the exclusive jurisdiction of the Court where the User resides.
EXERCISE OF THE RIGHT OF WITHDRAWAL
Pursuant to Leg. Decree 206/2005, the User who must be recognised as a consumer, according to the definition contained in article 3 of the aforementioned Code, where the exclusions set out in article 59 do not apply should be granted the right to withdraw from this contract within 14 working days from the receipt of the goods, without penalty and without having to provide any reason, by giving written notice to Tcrea by registered letter with return receipt, or telegram, and certified email (if signed with a digital signature) by delivering the communication to the head office at Via Prà di Risi 10 – 33080 Zoppola (PN).
The User who intends to exercise the withdrawal may use the attached form, which can be downloaded in the appropriate section, and send it to Tcrea at the above addresses.
Once the aforesaid notice of withdrawal has been received, the Customer will be promptly notified of the delivery instructions, assigning a unique code for the return of the product(s). The Customer will then receive an email containing the documentation required to proceed with the shipment.
The returned product must reach Tcrea within 14 days of receipt of the documentation by the Customer. The date of delivery to the forwarding agent shall be decisive for this purpose.
The return may only be requested by the same holder of the order and made to the same address as the one used for dispatch. It is recalled that the seller shall reimburse all payments received from the consumer, possibly including delivery costs, without undue delay and in any event within fourteen days from the day on which it is informed of the consumer’s decision to withdraw from the contract pursuant to article 54. The seller, without prejudice to any repair costs for ascertained damage to the original packaging, shall execute the refund referred to in the first sentence using the same means of payment used by the consumer for the initial transaction, if the purchase was made via PayPal or credit cards, unless the consumer has expressly agreed otherwise or requested a bank transfer. In the latter case, it will be the customer’s responsibility to promptly provide the bank details to which the reimbursement will be addressed (ABI – CAB – IBAN – account no. and supporting bank) and provided that the Customer does not incur any costs as a consequence of the reimbursement.
The Customer loses the right to exercise the right of withdrawal in cases where Tcrea ascertains: the use, even partial, of the product and any accessories
the lack of the outer packaging or the original packaging
the absence of integral elements of the product or the removal of the brand or product identification labels
damage to the product for reasons other than its transport
In these cases, the product will remain in storage at Tcrea’s warehouse at the customer’s disposal for collection at his/her expense.
The seller is not obliged to reimburse additional costs if the consumer has expressly chosen a type of delivery other than the least expensive type of delivery offered.
The seller may withhold the refund until it has received the goods or until the consumer has proved to have returned the goods, whichever is sooner.
The consumer returns the goods or hands them over to the seller or to a third party authorised by the seller to receive the goods, without undue delay and in any event not later than fourteen days from the date on which the consumer has communicated to the seller his decision to terminate the contract pursuant to art. 54. The term is met if the consumer returns the goods before the expiry of the fourteen-day period. The consumer bears only the direct cost of returning the goods.
PURSUANT TO ART. 59 OF THE CONSUMER CODE THE RIGHT OF WITHDRAWAL IS EXCLUDED FOR CUSTOMISED PRODUCTS