The term 'Online Sale Agreement' means the sale and purchase agreement concerning the Supplier's products (as defined below), concluded between the Supplier and the Customer (as defined below) within the framework of a distance selling system by means of telematic tools, organised by the Supplier (hereinafter the 'Agreement').
The term 'Purchaser' or 'Customer' shall mean the consumer natural person who makes the purchase, as referred to in this contract, for purposes not related to his or her commercial or professional activity, if any.
The term "Supplier" means the party that performs the sale of the goods covered by this Contract.
The goods subject of the present general terms and conditions (hereinafter the "Products") are offered for sale by Officina Idee Srl with registered office in Italy at Via Spreafico 3, 20052 Monza (MB); VAT No. IT03051020968; REA No. MB1872965; share capital € 100,000.00 i.v. (hereinafter "Officina Idee" or also the "Supplier").
The operational address of Officina Idee Srl is Via Como 7 - 20063 Cernusco sul Naviglio (Mi).
The purchaser (hereinafter also referred to as the 'Customer') expressly declares that he/she is making the purchase for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.
Access to the online purchasing service of the Products is permitted only to persons of legal age by means of a customer identification code and a keyword (hereinafter "Password ") (registered user) or as a non-registered user. It is expressly forbidden for the Customer to enter false and/or fictitious data in the registration and purchase procedure necessary to activate the process of execution of this Contract and the relative further communications; the personal data transmitted by the Customer must correspond to his own real personal data and not those of third persons or fictitious data. It is expressly forbidden to make multiple registrations corresponding to the same person or to enter data of third parties. Officina Idee reserves the right to prosecute any violation and abuse, in the interest and for the protection of consumers. Officina Idee declines any responsibility to the Customer for the issuance of incorrect tax documents due to errors in the data provided by the Customer, the Customer himself being solely responsible for the correct entry. The Customer is obliged to take all appropriate measures to ensure that the Password is kept confidential and to take responsibility for any damage caused to Officina Idee and/or third parties as a result of the non-observance of the aforementioned confidentiality obligations. It is understood that Officina Idee cannot in any case be held responsible towards the Customer and/or third parties for the abusive use of the Password and, in general, of the online purchasing service through the Website (as defined below) by unauthorised third parties.
Officina Idee hereby sells to the Buyer, who purchases at a distance, by means of telematic tools, exclusively the Products indicated and offered for sale on the website www.shop.trocellen.com (hereinafter the "Website").
The Contract between Officina Idee and the Customer is concluded exclusively through the internet by means of the Customer's access to the address of this Website, where, following the procedures indicated in the relevant registration section, the Customer will subsequently formalise the proposal for the purchase of the Products offered for sale through the Website.
The purchase contract is concluded by means of an order placed by the Customer by filling in and sending online the Product purchase order form, which will be displayed in the order summary web page, printable, in which the Customer's and purchase order details, the price of the purchased Product and the shipping costs, the terms and conditions of payment, the address where the Product will be delivered are indicated. When Officina Idee receives the purchase order from the Customer, it will send a confirmation e-mail and/or display a web page confirming and summarizing the purchase order, printable, in which the data entered by the Customer in the order form will be reported. The Contract is considered finalized and effective between the parties only with the execution of the order and the issuance of the document of sale by Officina Idee, the latter having the possibility, until that moment, to refuse the order.
Customers wishing to receive an electronic invoice must enter the necessary information in the appropriate fields before confirming the purchase. Once issued, it will not be possible to modify sales documents.
Officina Idee accepts payment of ordered Products by major Credit Cards, Paypal, bank transfer in advance.
Credit card data is handled directly by credit and/or finance companies, which specialise in handling online payments. The information is encrypted using encryption systems that prevent its use by third parties and is sent directly to the bank.
In the event that problems and/or irregularities are found in the electronic process of purchasing Products by credit card, Officina Idee may carry out checks (such as, but not limited to: checking the ownership of the credit card and/or checking for possible misuse of the card, etc.). At the end of such verification, in the event that irregularities are found, Officina Idee will not process the order.
In the event that no irregularities are found during the telematic process of purchasing the Products, Officina Idee will carry out the order and will deliver the Products, provided that there are no further obstacles.
If the conditions are met, any reimbursement to the Customer will be made:
i. by cancelling the payment by credit card/Paypal, within 14 days from the date Officina Idee became aware of the cause generating the right to reimbursement;
ii. by means of a refund to the bank account indicated by the Customer in the refund request in the event that the Customer has paid for the Products by bank transfer. The re-crediting of the Product price will take place within 14 days from the date on which the Supplier became aware of the cause generating the right to reimbursement, provided that the Customer has correctly indicated his bank details in the reimbursement request.
Officina Idee will deliver the ordered Products through agreed couriers. The time required to process the order may vary, from 1 to a maximum of 7 working days from the execution of the order and the receipt of payment for the goods, within which time a sales document will be issued by the Supplier and consequently the order will be accepted. In the event that the Supplier is unable to ship the ordered Products within said term, the Customer will be promptly notified by e-mail and/or telephone communication, indicating the term within which the order will be followed. It is understood that delivery times may vary depending on the country of destination and other factors that do not depend on the will of Officina Idee.
When the order is picked up by the courier, the recipient will receive an e-mail with the tracking details of the shipment and/or will be able to check the tracking on his account, if he is a registered user.
Officina Idee ships with the DDP (Delivery Duty Paid) formula in EC countries; therefore, in these destinations the Products ordered will arrive directly at the place of delivery indicated by the Client in the order request, without the Client having to pay any additional amount with respect to what has already been paid at the time the order was placed. For all other countries the DAP formula (Delivered at Place, Incoterms 2020, formerly DDU Delivery Duty Unpaid) is used, therefore the courier may present the Customer with a separate invoice at the time of delivery of the Products, requesting payment of the duties and taxes required by the local authorities. For further information on shipping costs, duties and taxes, please refer to the section of the Website specifically dedicated to Product shipments.
In case of rejection of the goods by the customer or non-delivery for other reasons (e.g. wrong address and/or telephone number of the addressee, repeated absence of the addressee, etc.) Officina Idee may withhold from the refund the amount to cover the costs of sending the goods, returning the goods and, if any, customs costs for re-importation. Instead, the price of the goods will be refunded.
Officina Idee insures the Products against theft and accidental damage from the moment they are delivered to the courier until the moment they reach their destination at the Customer's premises.
It is in any case understood that the Supplier is not liable for any delay in the execution of the order or in the delivery of the products due to the carrier and for any damage caused to the goods during transport. Officina Idee will deliver to the carrier goods perfectly intact and corresponding to the order requested.
Upon delivery of the Products by the courier, the Customer is obliged to check that the Product or the packaging is intact, not damaged, not wet or altered.
In the event of any anomaly being found (damaged or tampered packaging), the Customer shall not accept the goods and shall raise the objection directly with the carrier, stating specifically which discrepancies it has found. In the absence of said declaration, the Customer shall not be entitled to raise further objections regarding the existence of obvious defects in the Products delivered.
All sales prices of the Products displayed and indicated on the Web Site are expressed in Euros (€) and constitute an offer to the public pursuant to Article 1336 of the Italian Civil Code, and are inclusive of VAT and any other tax for deliveries within the territory of an EC Country. For deliveries to non-EC countries, as specified in point 6), the courier may request additional amounts from the Customer, which cannot be calculated in advance, for local taxes and duties. Shipping costs will be indicated and calculated in the Product purchase procedure prior to the placing of the order by the Customer and also contained in the summary web page of the order placed. The prices indicated in correspondence with each of the Products offered to the public are valid until the moment in which the purchase order is forwarded and indicated on the order summary web page. It is understood that the prices of the Products may be changed unilaterally and at any time by the Supplier, it being understood that the price of the Product indicated on the web page summarising the order placed by the Customer shall be binding between the Supplier and the Customer.
Officina Idee ensures, through the telematic system used, the processing and execution of Product purchase orders. Should a purchase order exceed the quantity of Products existing in the warehouse, the Supplier, by e-mail and/or telephone communication, will inform the Customer if the Product is no longer available or what the waiting time is to obtain the chosen Product, asking, in the latter case, whether the Customer intends to confirm or not the order. The Supplier's computer system shall confirm the registration of the purchase order as soon as possible by sending the Customer an e-mail confirmation, which does not produce any legal obligation, since it is merely a summary of the order.
Officina Idee assumes no liability in the event that it fails to execute the order in the time provided for by the Contract due to inefficiencies caused by unforeseeable circumstances or force majeure. The Supplier cannot be held responsible towards the Customer, except in case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Website, independent of the Supplier's will of his collaborators and/or his sub-suppliers, which are beyond reasonable foreseeability and which cannot be remedied without precautions beyond those of average diligence. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the non-acceptance, even partial, of an order by Officina Idee is in any case excluded. The Supplier assumes no liability for any fraudulent or illegal use that may be made by third parties, of the credit cards used for the payment of the purchased Products, if he proves that he has taken all the ordinary precautions possible at the time and according to ordinary diligence.
Officina Idee shall not be held liable for any direct and/or indirect, contractual and/or extra-contractual damage suffered by the Client arising from Product defects and/or faults if the defect and/or fault is due to the Product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer placed the Product on the market did not yet allow the Product to be considered defective and/or faulty. It is understood that no compensation shall be due if the Customer is aware of the defect and/or flaw in the Product and of the danger arising therefrom and has nevertheless voluntarily exposed himself to it. In any case, the Customer shall have the burden of proving the defect and/or vice of the Product purchased, the damage and the causal connection between the defect and the damage suffered.
The Customer is aware that the Products ordered are described and photo-reproduced on the Web Site, therefore, he/she will tolerate the normal differences and distortions in colour of the Products delivered to him/her with respect to the Products viewed on the Web Site.
Officina Idee shall be liable for any ascertained defect and/or fault in the Product, always if attributable to the same, provided that such defect and/or fault has been reported by registered letter with advice of delivery to Officina Idee Srl (Shop Trocellen), Via Como 7 20063 Cernusco sul Naviglio (Mi) Italy, or sent by e-mail to the address eshop_help@trocellen.com within eight days from delivery of the Product. The complaint is not necessary if the Seller has acknowledged the existence of the defect and/or fault or has concealed it.
Officina Idee reserves the right to ask the Customer for photographic reproductions of the Products allegedly defective and/or flawed before authorising returns and/or exchanges. In the event that the Products are defective and/or flawed, the Supplier will bear the transport costs necessary to have the Products returned to its warehouses. Exchanges or returns of Products that have been tampered with or otherwise altered by the Customer are not accepted. It shall be the Customer's responsibility to insure the transport of goods returned for exchange at the Supplier. In the event of theft or loss of the returned Products during transport to the Supplier, the goods will not be refunded. It is understood that the Supplier will not accept returns of tailor-made or customised Products.
Should a defect be found in the purchased Product, the Customer may make use of the "Customer Service" service through the use of a telephone number and e-mail address specifically dedicated to this service, indicated on the Website (link_returns menu).
The Customer Service will also provide the Customer with: (x) all assistance necessary to solve problems relating to any disputes and/or complaints by the Customer; (y) all assistance during the on-line purchase of Products.
Once the on-line purchase procedure has been completed, the Customer undertakes to print and keep these general sales conditions and the specifications of the Product purchased.
The Customer undertakes to pay the price of the purchased Product in the time and manner specified in the Contract.
The Customer has the right to withdraw from the Contract, pursuant to Legislative Decree 21/02/2014 no. 21 within the term of 14 (fourteen) days, starting from the day of receipt of the purchased goods. In the event that the Customer avails himself of the right of withdrawal, he must notify the Supplier by means of the form present in the specially dedicated area of the Website (link returns menu). In any case, in order to avail of the right to reimbursement of the price of the Product, the Customer must return the Product intact in its original packaging with labels and, in any case, not used or altered. The Customer may be held liable for any decrease in the value of the goods resulting from the handling of the goods (other than that necessary to establish the nature, characteristics and functioning of the goods).
The Customer acknowledges that the right of withdrawal cannot be exercised in relation to Products ordered by the Customer that have been custom-made and/or customised.
The only costs payable by the purchaser for the exercise of the right of withdrawal, in accordance with this article, are the costs of transporting the Product to Officina Idee. Any additional shipping costs, if available (e.g. Priority service, urgent delivery, ... ), selected by the customer at the time of purchase for the home delivery of the product will not be refunded. In the case of returns from a country outside the EEC, any duties and charges incurred by Officina Idee for the re-importation of the products will also be borne by the customer; these amounts will be deducted from the refund.
Products that are not returned in the above manner will not be accepted by the Supplier and, accordingly, will not be refunded.
It is understood that in the event of a right of withdrawal, the Supplier shall not be liable for theft or loss of the Products that occurred during the transport of the goods to the Supplier.
In the event of the Customer exercising his right of withdrawal, the Supplier shall refund the price of the Product within 14 days of receipt of the notice of withdrawal, provided that within that period the goods have been returned in the conditions and in the manner set out in this Article.
The Customer shall send the returned goods to the following address, enclosing the return authorisation number
Officina Idee Srl
Via Como 7
20063 Cernusco sul Naviglio (MI)
Italia
In the case of free returns, this option is indicated on the website and/or on the product sheet.
If the Customer wishes to exchange the purchased Products for reasons related to the size and/or colour and/or model of the Products, he/she must proceed with the Return procedure and place a new order.
Officina Idee protects the privacy of its Clients and guarantees that the processing of data is carried out in compliance with the privacy regulations. The Client is informed of the different types of consent to the use of his/her personal data, which he/she may give on a voluntary basis and in a revocable manner at any time, by viewing the section of the Website specifically dedicated to this purpose.
Pursuant to Article 12 of Legislative Decree 70/03, Officina Idee informs the Customer that every order sent is stored in digital form on the server hosting the Website according to confidentiality and security criteria.
Written communications directed to Officina Idee and any complaints will be considered valid only if sent to the address Officina Idee Srl, Via Como 7, 20063 Cernusco sul Naviglio (Mi), Italy, or sent by email to eshop_help@trocellen.com. The Customer indicates in the registration form on the Website his/her residence and domicile, telephone number or e-mail address to which he/she wishes to receive communications from the Supplier.
It is understood that all communications from the Customer (such as, by way of example but not limited to: requests, suggestions, ideas, information, materials, etc.) that may be received at the Supplier's e-mail address (including electronically, at eshop_help@trocellen.com) shall not be considered information or data of a confidential or reserved nature.
The aforesaid communications may not contain content that directly or indirectly contravenes the laws in force (including those of a regulatory nature) of the Italian State or any other State and may not in any case: (i) violate the rights of third parties; (ii) contain information that infringes the rights of third parties and/or is untrue, it being understood as of now that no liability can be attributed to the Supplier with regard to the content, lawfulness, nature, quality and truthfulness of the information included in said communications by the Customer.
Pursuant to Article 63 of Legislative Decree No. 206 of 6 September 2005, all disputes concerning the validity, interpretation, execution, and effectiveness of this Contract shall be submitted to the jurisdiction of the Court of the place of residence or domicile of the Customer.
This Contract shall be governed by Italian law.
Confirmation of the purchase order for Products implies the Customer's acceptance of these general terms and conditions. These general terms and conditions may be updated and/or amended unilaterally by the Supplier and shall be valid from the date of publication on the Website.
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