TERMS AND CONDITIONS
General conditions of online sales
1) Online purchases and applicable regulations
Purchases from the website www.tuccitime.com are regulated by these General Conditions of Sales, together with the conditions set from time to time in the said website, as well as the provisions set forth by Italian legislative in decree 6 September 2005 no. 206 (art. 45 – 68 relating to distance contracts and art. 128-135 relating to guarantee on the conformity of goods), and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce. These General Conditions of Sales are considered as integral and substantial part of the contract: therefore, before sending the order, we advise the Customer to read carefully these General Conditions of Sales and the information hereby provided, print and keep them in a durable medium accessible to the Customer. Placing the order implies acceptance of the General Conditions of Sales in force as published on the website www.tuccitime.it at the time of the order from the Customer. The supplier of the goods is Franco Tucci S.r.l. (hereinafter referred to as the Company), with registered office Vicolo Barriera 2, 31058 Susegana TV Italy Company registration n IT04822730265, REA TV-400907. The products, shown in the website, may be purchased and are subject to availability. To place an order for the purchase of one or more products on www.tuccitime.com, you must fill out the online order form following the relevant instructions, to contract with the company the Customer must be over 18 years of age. When placing the order, the Customer undertakes that all details provided are true and accurate and that is an authorised user of the credit or debit card used to place the order. The Company retains the right to refuse any order placed, for any reason and at its sole discretion.
The prices quoted on the website www.tuccitime.com are in Euro and inclusive of IVA (other taxes or additional import duties are not included and are at Customer expense) and are only for products sold online as well as any other tax or charge, and exclusively refer to products sold online. The charged price will be the one in force at the time of order, regardless of any future increase or decreases in prices (i.e. as a result of promotions subsequently occurred). The Company reserves the right to alter the prices of products without notice: any new price will be effective from the moment of its publishing on the website www.tuccitime.com and will be applied to sales made from that moment onwards. The total amount of the order will be visible before the order confirmation. Tax records will be released by the Company at the time of delivery: they will indicate in details the purchased products and their prices.
3) Product features and availability
Product features are visible online at the time of order confirmation. The Company displays the products in the most reliable and accurate way; colours and other aesthetic features of the product may be altered by the Customer’s computer screen or by other technical reasons. Therefore, if any color or other technical or aesthetic feature of the products are not exactly as they appear on www.tuccitime.com, this is not attributable to the fault of the Company. The type of products published online and their availability (this information shall not be binding) may change at any time without causing any responsibility for the Company.
4) Execution of the Contract and order placement
The purchase agreement will be finalised exclusively online, through the correct fill out of the online order form, sent electronically on www.tuccitime.com, following the relevant instructions. The Customer undertakes, at completion of the order online, to print and keep these General Conditions of Sales, as well as specifications of the purchased product as indicated on the website. At the order receipt, the Company shall send a purchase order confirmation e-mail, containing a summary of the information related to the order (the products' main characteristics, price and shipping address). The Customer shall print and keep it. The contract is finalised at the time of notification via e-mail of the payment confirmation, after the amount is fully paid by the Customer and payment has been approved by the Company. In the event the Customer does not receive any payment confirmation, the relevant order shall be considered as not accepted by the Company, hence not valid. The orders received will be filed in a database of the “shop” online, according to the procedures and provisions set forth by D.Lgs. 30.06.2003 n° 196 (“Privacy”) and will be available, subject to request to the Company, at the following e-mail address email@example.com
5) Cancellation or modification of order
In case of logistic and/or technical and/or organizational problems, the Company reserves the right to cancel the order notifying it to the Customer by e-mail within 30 days from the date when the Customer placed the order: in such case the Customer will not be entitled to any reimbursement, except for the repayment.
6) Payment methods
After receiving the order confirmation from the Company, the Customer may submit the payment in one of the following ways: •PayPal•
Bank transfer to
BANCA DI CREDITO COOPERATIVO DELLE PREALPI
Filiale di Pieve di Soligo
FRANCO TUCCI Srl
IBAN IT 71 Q 08904 61920 006000008275
the bank transfer must be addressed to Franco Tucci Srl Vicolo Barriera 2 31058 Susegana Treviso and as payment reference must indicate the order number; bank charges will be paid by the Customer.
7) Payment terms
The Customer shall make the entire amount payment in single settlement within 5 working days from the order confirmation e-mail. After the payment acceptance, the Customer will receive the payment confirmation e-mail from the Company and the products will be produced within 40 working days. In the event that all the products of the order are immediately available in stock, the order will be promptly sent to the Customer. In order to speed the dispatch procedure, it is possible to forward the receipt of the postal payment slip or the bank transfer via fax to the following n° +39 0438437935or by e-mail to the following address firstname.lastname@example.org.
The Company will not ship any product before full payment has been received and approved. For the delivery the Company avails itself of the service of reliable couriers which are selected from time to time according to the ordered product and the destination. Once the order payment is cleared by the customer, the product will be produced within 40 working days (starting from the day of payment being cleared). If all the products ordered are available on stock, the Customer will be informed via e-mail and it will be shipped promptly. Purchase requests from countries not included among those selectable at the time of purchase checkout cannot be accepted by the Company. Once the order is ready for shipping it will be delivered within 4 working day to most EU countries and in 7/10 days to Extra CEE, except for unforeseeable circumstances or force majeure. The delivery will take place from Monday to Friday between 08:00 and 18:30 at the Customer’s address as indicated in the order. It is the Customer’s responsibility to provide and check that all details are complete and correct for a safe and quick delivery to the address indicated in the order confirmation. The Company shall not be responsible for any delay caused by the courier or for incorrect or incomplete delivery information given by the Customer. At receipt, the Customer, or whoever on their behalf, should verify that:
• The parcel is intact, not damaged, wet or altered in its packaging; any complaint shall be notified to the courier and be accounted at the moment of undersigning for the withdrawal by quoting “withdrawn subject to verification”; otherwise the parcel shall be considered properly delivered;
• The products match with what quoted in the transport documents and/or invoice both for quantity and type; any complaint shall be notified to the courier and be accounted at the moment of undersigning for the withdrawal by quoting “withdrawn subject to verification”; otherwise the content of the parcel shall be considered free from imperfections and/or defects.
It is also possible, at Customer’s discretion, to apply an insurance policy on the product as a warranty for any damages which may occur during the transport, with an additional cost for the Customer which may vary according to the means of transport and the destination and that has to be requested before the payment is cleared by sending a written request via e-mail to email@example.com.
9) Right of withdrawal, complaints and request to replace the product.
Pursuant to and in accordance with art. 64 of D.Lgs. 206/2005, the Customer is entitled to withdraw without providing any specific reason within 14 working days from receipt of the product and receive a full refund of the price of the products including standard delivery costs, if any have been paid (but excluding supplementary costs for extra-requested delivery options). The right of withdrawal may be exercised by recorded mail to be sent to the Company (Franco Tucci S.r.l. Vicolo Barriera 2 31058 Susegana Treviso) or by e-mail (firstname.lastname@example.org), fax (n. +390438437935). In case of exercising the right of withdrawal, the unwanted product shall be returned in its original packaging, complete in all its parts no later than 10 working days from following notification to the Company.
The products have to be intact, unsealed by the Customer following delivery, the products should not have been used, worn, washed or damaged. In any case, the exercise of the right to withdraw is reserved exclusively to the individuals who purchase the goods for purposes not connected with an entrepreneurial, business, craft or professional activity: therefore, the right to withdraw cannot be exercised by Customers who make VAT purchases or where there is an entrepreneurial, business, craft or professional activity. The return shipping costs of the product to the Company shall be paid by the Customer. The Customer has legal obligation to take reasonable care of the products and is responsible until the delivery to the Company. Once the products are delivered to Franco Tucci S.r.l. Vicolo Barriera 2 31058 Susegana (TV) Italy. The Company will examine all products returned and will notify the Customer via e-mail the refund approval within a reasonable period of time. In accordance with consumer protection legislation, the Company is entitled to deduct from any refund due, any decrease in the value of the returned products caused by improper handling of the products.
The refund, which includes the whole order or the part of the order involved in the withdrawal, shall be made by the Company using the same method originally used by the Customer to pay for the purchase within thirty (30) days from the products receipt and only if the products are under the conditions indicated to exercise the right of withdrawal. The Company shall not be responsible for delay caused by credit card/debit card companies refund policies.
If the Customer, after receiving the products, wishes to exchange one or more purchased product from a single order with other products for reasons not attributable to the Company, is entitled to request the Company their replacement no later than 14 days from their receipt: the Company, in return, shall be entitled to accept or otherwise to reject the request to exchange the products with other different products indicated by the Customer (after payment settlement). The delivery costs related to the replacement of the products shall be paid by the Customer.
All personalized items (with crystals, t-grip or e-tex) cannot be accepted for return or exchanged
Whereas, any complaint may be sent by e-mail to the following address or by recorded mail to Franco Tucci S.r.l. Vicolo Barriera 2 31058 Susegana Treviso –
The Company guarantees that the products are free from any fault/defect. However, if the Customer notices any fault/defect, they may exercise the right to withdraw in case the terms set forth in art. 9 have not been expired yet. In any case, the Customer as “customer” (as defined in art. 9 paragraph 7) is entitled to the customer rights under art. 130 D.Lgs. 206/2005; such rights must be exercised in accordance with art. 132 of the aforesaid D.Lgs. 206/2005.
11) Limitations of liability
The Company is not responsible in case, under unforeseeable circumstances or force majeure, it is not able to deliver the order in the terms provided for by art. 8 or in case of any other inefficiency. The Company shall not be considered responsible, except for will full misconduct and gross negligence, for any Inefficiency or malfunctioning in connection to the use of the internet and out of control power from the Company itself. The Company shall not be responsible in case of damages, losses and costs afforded by the Customer following the failure to perform the contract for reasons not due to the Company, as the Customer is only entitled to the repayment of the amount paid. The Company is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the time of payment of the purchased products, if the Company is able to prove the use of all the possible measures according to the best of its knowledge at the time when the event occurred.
12) Law Applicable – Competent Court
The contract with the Company shall be intended as undersigned in Italy and are governed by the Italian law.
For any dispute that may arise from the application, performance and interpretation of these general conditions of sales or from the sales regulated therein, the competent court shall exclusively be the Court of Treviso.
Pursuant to and in accordance with art 1341 and 1342 of Italian Civil Code, the Parties declare they have carefully reviewed and specifically
approved the content of the following articles:
Art. 2 (right for the Company to change the prices of its products)
Art. 3 (no responsibility for the Company for any change to the products and their availability)
Art. 4 (obligation for the Customer to print and keep the General Conditions of Sales together with product specifications provided on the website at completion of the purchase online).
Art. 4 (conclusion of the contract)
Art. 4 (failure to conclude the contract in case of failure to receive the order confirmation from the Customer)
Art. 5 (the Company has the right to change or cancel orders)
Art. 7 (Customer is required to make the payment before the dispatch of products)
Art. 8 (the Company has the right not to arrange the dispatch of products until the integral payment of the price)
Art. 8 (the Company is no responsible for delays due to the courier).
Art. 8 first part (Customer is required to verify that at the time of delivery the parcel is intact, not damaged, wet or altered in its packaging, or proper delivery in case of no complaints)
Art. 8 second part (Customer is required to verify that at the time of delivery the products match with what quoted in the transport documentation and/or invoice both for quantity and type and are free from imperfections/defects in case of no complaints)
Art. 9 (right to withdraw and termination)
Art. 9 (exercise of the right to withdraw)
Art. 9 (Customer is required to return the integral product, in its original packaging, in all its parts, no later than 10 days from the date of sending the notification of withdrawal)
Art. 9 (refund to the customer)
Art. 9 (Customer is required to pay the costs to return the product)
Art. 11 (the Company is not responsible if, under unforeseeable circumstances or force majeure, the Company is not able to deliver the order in the terms provided for art. 8 or in case of any other kind of inefficiency)
Art. 11 (the Company is not responsible for inefficiency or malfunctioning in connection to the use of the internet and out of control power from the Company itself)
Art. 11 (the Company is not responsible for damages, losses and costs afforded by the Customer following the failure to perform the contract for reasons not due to the Company)
Art. 11 (the Company is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the time of payment of the purchased products, if it is able to prove the use of all the possible measures according to the best of its knowledge at the time when the event occurred)
Art. 12 (law applicable)
Art. 12 (jurisdiction required if the customer has their domiciliation outside Italy)