GENERAL CONDITIONS OF SALE
Triboo Digitale srl, (one-person company), with registered office at Viale Sarca 336 Milano (MI) Italy [Tax Code 02912880966, Milano Chamber of Commerce No. 1901658], offers and sells the following products (henceforth referred to as the “products” ) by e-commerce:
Article 1: Conclusion of Sale Contracts
By confirming and transmitting the order in accordance with the various instructions that appear on the web pages, the Customer (“Customer” means the user of the site who goes to the e-commerce checkout) declares that he has read and accepted these general conditions of sale in their entirety. The sale contract between Triboo Digitale srl and the Customer is completed by Triboo Digitale srl accepting the order.
If the Customer is a consumer (a natural person that buys the goods for purposes that are not related to his occupation or that carries out the purchase without stating a VAT number on the order form), once the on-line purchase procedure has ended he shall print or save a digital copy of these general conditions of sale, or keep them otherwise, in compliance with the provisions of Article 3 and 4 of Italian Legislative Decree 185/1999 on distance selling.
The Customer has no right to compensation, damages or an indemnity if an order is not accepted, even partially, nor has Triboo Digitale srl any liability in contract or in tort in this event.
Article 2: Method of Purchase
The Customer may only purchase the products in the on-line catalogue. Orders become valid when the Customer receives confirmation at the e-mail address that he has supplied that the cost of the product, shipping costs and delivery have been debited to his credit card, as fully explained in Article 5 below.
The image accompanying the description page of a product may not represent its characteristics perfectly: they may differ in colour, dimensions and in the product’s accessories as pictured. All the information in support of the purchase (Glossary, Guide to Buying, etc.) are to be understood as mere generic informative material that does not refer to the real features of any individual product.
Triboo Digitale srl confirms the correct receipt of an order by sending an e-mail message to the e-mail address notified by the Customer. This confirmatory message will give the date and hour of receipt of the order and a customer order number to be used in all subsequent communications with Triboo Digitale srl. The message reproduces all the data that the Customer has entered, gives all the information regarding the essential characteristics of the product and states the price, the methods of payment, the method and cost of delivery and the tax payable. The Customer shall see that these details are correct and notify any corrections promptly in the manner set out in this document.
Triboo Digitale srl guarantees that it will inform the Customer promptly should it not accept the order.
Article 3: Prices
The products shall be sold at the prices stated in the on-line product page at the moment that the Customer confirms the order. Delivery costs, which are payable by the Customer, are displayed on the web page after clicking on the “calculate shipping costs” button. Before the Customer confirms his order by clicking on the “confirm” button, a summary of the prices of the products added to the basket, with tax and delivery costs, will be displayed on the web page. This information will then be reproduced automatically in the order form that the Customer sends Triboo Digitale srl after the order confirmation procedure.
Article 4: Accounts Documents and Method of Delivery
Triboo Digitale srl issues a receipt valid for tax purposes (or an invoice if the Customer is not a consumer and has stated his VAT number in the order) for the goods shipped and sends it by e-mail to the person that ordered them in accordance with Article 14 of Italian Presidential Decree 445/2000. The data in the receipt (and/or invoice) is based on the information given by the Customer on ordering. No amendments may be made to the receipt (and/or invoice) after it has been issued. Triboo Digitale srl declines all liability in the event of a delay in executing the order or in delivering the goods ordered.
Article 5: Method of Payment
Customers may only make payments by credit cards, paypal or bank transfers. When the Customer makes his order, the bank concerned will authorise the amount concerned to be taken from the Customer’s credit card. The cost of the goods supplied will only be taken from the Customer’s credit card when the courier informs Triboo Digitale srl that the goods ordered have actually been sent. This procedure also applies to partial consignments.
If the Customer exercises the right of withdrawal as laid down in Article 6 below, Triboo Digitale srl will return the amount previously debited by bank transfer to the current bank account named by the Customer, excluding the shipping costs already incurred.
At no time during the purchase procedure is Triboo Digitale srl able to learn the information regarding the Customer’s credit card, which is transmitted by a secure connection directly to the website of the bank that handles the transaction, nor will any Triboo Digitalesrl digital database store this information.
Article 6: Right of Withdrawal
In accordance with Article 5 of Decree Law 185/1999, if the Client is a consumer (or a natural person that buys the goods for purposes that are not related to his occupation or that carries out the purchase without stating a VAT number on the order form sent to Triboo Digitale srl), he has the right to withdraw from the sale contract for any reason without needing to provide any explanation and without being subject to a penalty, except as specified in Article 6.3 below.
In order to exercise this right the Client shall notify Triboo Digitale in writing of its intention to do so within 14 working days after the receipt of the goods. This communication shall be sent by recorded delivery with acknowledgement of receipt to Triboo Digitale srl (attention Customer Service), Viale Sarca 336 Milano (MI), Italy; or by telegram or e-mail to firstname.lastname@example.org, also within the above 14-day time limit, followed by confirmation by recorded delivery with acknowledgement of receipt which must be sent without fail within the following 48 hours. When this notice of withdrawal is received, Triboo Digitale srl’s Customer Service will promptly send the Client instructions on how to return the goods, which shall reach Triboo Digitale srl within 10 days after the return is authorised.
The right of withdrawal, however, is subject to the following conditions:
If the article is damaged during shipment,Triboo Digitale srl will inform the Client of the occurrence (within five working days after it has been received in our warehouse) in order to enable the Client to submit a complaint promptly to the courier that he has chosen and be reimbursed the value of the article (if it is insured); in this case the article will be placed at the Client’s disposal for return and the withdrawal request will be cancelled at the same time; Triboo Digitale srl declines all liability for damage, theft or loss of goods returned by uninsured shipping methods. When the article arrives in the warehouse it will be examined to check for possible damage or tampering other than during shipment. If the packaging and/or packing materials are spoiled, Triboo Digitale srl will deduct a percentage from the refund payable, which in any event will not exceed 10% of the total sum, as a contribution to the cost of restoring the spoiled packaging and/or packing materials.
Except for any costs of repairing damage found in the original packaging, Triboo Digitalesrl will refund the Client the entire amount paid excluding shipping costs within 14 days after the goods have been received back. Triboo Digitale srl will carry out the refund transaction by crediting the amount payable to the Client’s credit card.
The right of withdrawal is totally lost owing to the failure to satisfy the essential condition of the article being intact (packaging and/or contents) if Triboo Digitalee srl finds:
If the right of withdrawal is lost, Triboo Digitale srl will arrange to return the article that has been acquired to the sender, charging him the shipping costs.
Article 7: Warranty and Complaints
All the products sold by Triboo Digitale srl are covered by the manufacturer’s statutory warranty and by the 24-month warranty for lack of conformity under Italian Legislative Decree 206/2005. In order to obtain assistance under the warranty, Clients must keep the receipt or invoice (or transport document) that they receive in digital pdf format by e-mail.
The warranty may be exercised by asking a local servicing centre for assistance and/or adopting one of the methods described in the documents inside the packaging.
The manufacturer’s statutory warranty is issued as shown in the documents inside the product packaging. If an authorised servicing centre finds that a defect is not covered by the manufacturer’s statutory warranty, the Client shall be charged the amount requested by the servicing centre for any inspection that it has conducted and for any repairs to the product that it has carried out, in addition to transport costs if any have been sustained by Triboo Digitale srl.
The 24-month warranty issued in accordance with Italian Legislative Decree 206/2005 applies to a product with a conformity defect provided it has been used correctly, for the purpose for which it is intended and in compliance with the technical documents enclosed. This warranty is restricted to private consumers (natural persons that buy the goods for purposes that are not related to their occupation or that carry out the purchase without stating a VAT number on their order form). In the event of a conformity defect, Triboo Digitale srl, at no expense to the Client, will remedy the conformity defect by repairing/replacing the product, reducing the price, or terminating the contract. If an authorised servicing centre finds that a defect is not a conformity defect under Italian Legislative Decree 206/2005, the Client shall be charged the amount requested by the servicing centre for any inspection that it has conducted and for any repairs to the product that it has carried out, in addition to transport costs if any have been sustained by Triboo Digitale srl. Replacements in events of DOA (dead on arrival: product not functioning on delivery) are only made if expressly envisaged by the manufacturer; the time taken to replace or repair the product, if necessary, depend solely on the manufacturer’s policies in these matters.
Should Triboo Digitale srl, for any reason, be unable to provide its Client with a product that has either been replaced or repaired under the warranty, it may, at its discretion, refund the amount paid taking the use of the product into account or replace it with a product having equivalent or superior characteristics.
Repair or replacement times depend solely on the manufacturer’s policies in this matter and no damages may be sought from Triboo Digitale srl for any delay in carrying out repairs or providing replacements.
In cases in which a product may be returned under the warranty, the Client shall return it in its original packaging, complete in all its parts (including outer packing and any accompanying documents and additional equipment: handbooks, cables, etc.); in order to limit damage to the original packaging, we suggest the product be put into a second box; Clients should refrain, in all circumstances, from appending labels or adhesive tape directly on the product’s original packaging.
The Client will be given an authorisation number (RMA) for the return of the product, which shall be shown outside the packaging following the instructions given directly in the authorisation e-mail. All complaints should be addressed to Triboo Digitale srl (attention Customer Service),Viale Sarca 336 Milano (MI), Italy, or to email@example.com.
Article 8: Privacy
We hereby inform you that, pursuant to art. 13 Legislative Decree 30.06.2003 n. 196, the personal data that will be supplied by the customer to Triboo Digitale srl will be treated by same, also electronically, as information to include in the customer archives and that they are necessary for the eventual conclusion of a contractual relationship and for the subsequent observance of civil, tax, and management requirements. The data can also be used for statistic extrapolations, for commercial and promotional communications, without prejudice to the fact that the Client has the right to communicate at any time that he or she no longer wants to receive such notices.
Providing such data is optional, but the lack of such information will make it impossible to conclude a sales contract and consequently accept the order.The customer’s data may also be communicated to, for the same purposes as the collection, other companies that belong to the group, business partners, and to subjects to which services are entrusted in outsourcing. The owner of the data treatment is Triboo Digitale srl., with headquarters in Viale Sarca 336 Milano (MI) Italy.
Please take note that, in relation to the provisions indicated in Art. 7 of the above-mentioned legislative decree, the Customer will, among other rights, obtain:
The customer may exercise the rights under Art. 7 by writing to : firstname.lastname@example.org
Article 9 : Applicable law and competent court
This contract is regulated by the Italian Law.
In case of any civil or penal controversy arising from the conclusion of the present contract, if the customer is a consumer, the jurisdiction belongs to the court of his residence; in all other cases the jurisdiction belongs to Mialno’s Court.