Terms And Conditions
This document contains the general terms and condition of on-line sale and payment by means of the web site corresponding to the domain name shop.lorenzini.it (“Site”) owned and managed by Tobia s.r.l, having its registered office in Milan (Italy), Via Pontaccio, 14 -20121 Milano (MI) Italy.
These general terms and conditions (“General Conditions”) apply to the contractual relationships between Tobia Srl and the client, adult age under the Italian Law (+18) who intends to purchase products for sale for purposes outside his professional activity as final consumers, (“Client”), whether not differently agreed in writing.
1.Execution of the agreement
The sale agreement by and between Tobia s.r.l. and the Client is executed in the moment in which Tobia s.r.l. accepts the order and in any case upon successful execution of the respective payment. By filling in on-line the order, the Client declares to have acknowledged all information provided during the purchase procedure and to fully accept the General Conditions herein below.
Once completed the on-line purchase procedure, the Client shall print and save an electronic copy and in any case shall keep these General Conditions, if the Client is a consumer, in accordance with Sections 52 and 53 of Italian Legislative Decree 6 September 2005, no. 206 (“D.Lgs. n. 206/2005”).
The Client can purchase on-line exclusively the products listed in the electronic catalogue published on the Site (“Products”) and available at the moment of transmission of the order, as described in the respective informative document herein available. It is understood that colours, sizes, texture, dimension listed in the information document shall be approximate and that the image of the Product attached to such information document may not entirely represent its characteristics but may be different with regard to colours, dimensions, materials and/or accessorizes indicated in the picture.
The receipt of the order will be confirmed by Tobia s.r.l.. by e-mail, to be sent to the address indicated by the Client by registering to private access area of the Site or by filling in the electronic form for transmission of the order. Such confirmation will contain the date of the order’s receipt and a “Order Number” to be used in any subsequent communication with Tobia s.r.l..
The confirmation to be sent by Tobia s.r.l.. will summarize the order placed by the Client together with all relevant data entered by the same Client and a link to these General Terms and Conditions. The Client undertakes to check the correctness of data summarized in the confirmation of order and to promptly communicate any discrepancy to be rectified, according to the modalities set forth in the same confirmation of order.
Should Tobia s.r.l.. not be able, for whatever reason, to deal with the Client’s order, Tobia s.r.l.. will inform by email the Client of such circumstance.
3.Price and Payments
All prices indicated on the site are in Euros, and shall be exclusive of applicable sales taxes and shipping charges. All applicable sales taxes and shipping charges shall be added to the price at check-out, and the customer shall have an opportunity to review all such charges prior to completing and submitting an order. The amount of sales tax and other charges shall depend on various factors, including, without limitation, the type of product purchased, the sales price and the destination of the shipment. Sales tax regulations may change between the time You place an Order and the time payment is cleared, which may affect the calculation of sales tax. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the shipping confirmation e-mail the Client will receive.
Customers may make payments through any of the following Payment methods:
- Credit card -Performed via the stripe secure server. Tobia s.r.l. is not able to access the customer’s credit card information at no stage of the transaction; the information is transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of the card details are held or saved. Tobia s.r.l. therefore under no circumstances will be held liable for any fraudulent and unauthorized use of credit cards by third parties at the time of the payment.
- PayPal Performed by Paypal, in accordance with Paypal’s terms and conditions of use. (https://www.paypal.com/us/webapps/mpp/ua/useragreement-full)
TAX and DUTY FEES:
The Client may be charged tax and duty fees depending on the country you are shipping to. Tobia s.r.l. is unable to advise or predict the amount.
4.Shipping modalities and costs
The ordered Products will be sent to the address indicated by the Client upon registration at the private access area of the Site or – whether different – to the address specified in the respective order. The delivery status will be communicated to the Client by e-mail and/or will be made available to the Client on the Site by accessing to the private area dedicated to purchases’ history. In certain cases, Tobia s.r.l.. decides not to ship to certain territories and can decline the order.Delivery’s costs, as indicated in the Site and in the text of the order, will be charged to the Client.
Delivery of the orders will be carried out from Monday to Friday. The orders placed on Saturdays or Sundays or during holidays will be processed by Tobia s.r.l.. starting from the first working day following the day in which the order was placed. Delivery of the Products to the Client will be carried out by a duly appointed courier. The Client will be informed about the details of the courier according to the modalities pointed out in the Site. Tobia s.r.l.. can not be considered liable for any delay occurred in Product’s delivery due to customs clearance or other delays. At any moment the Client can verify the progress and delivery status of its order by checking the tracking number that was assigned to his order.
Contractual obligations of Tobia s.r.l.. towards the Client will be considered fulfilled in the place in which the purchased Products are delivered by Tobia s.r.l.. to the selected courier. Delivery of the ordered products by the courier will be carried out at street level, save whether differently communicated by the Customer Service.
At the moment of delivery of the purchased Product by the courier, the Client shall verify that the number of delivered packages coincides with the one specified in the shipping note anticipated via e-mail and that packing is complete, undamaged nor wet or otherwise spoilt, even with regard to locking materials (adhesive tape or metallic staples).
Any possible damage to the Product and/or to the respective packing or any discrepancy with the number of packages or the indications shall be immediately objected by the Client, by displaying a WRITTEN RESERVE OF CHECK (SPECIFYING THE REASON OF SUCH RESERVE, for example “packages with holes”, “crushed packages”, etc.) on the document attesting the delivery by the courier. Once signed the document of the courier, the Client will no longer be entitled to claim anything about the external characteristics of the delivered Products.
Any claim concerning entirety, correspondence and completeness of the received Products shall be raised within 2 months starting from the respective discovery, according to the modalities indicated in these General Conditions.
In lack of reclaim within 5 working days of the Products stored as stock in courier’s warehouses due to reiterate impossibility of delivery to the address indicated by the Client in the order, the ordered Products could be redelivered to the warehouses of Tobia s.r.l..
5.Returns and Exchage – withdrawal right of the Client
Pursuant to Section 64 of the D.Lgs. n. 206/2005, the Client consumer has the right to withdraw from the purchase agreement for any reason, without any need for explanation as well as without any penalty, according to the terms and modalities provided in the following articles.
How can a Client return or exchange a product?
In order to exercise the withdrawal right as per article above, the Client shall send to Tobia s.r.l.. a withdrawal notice within 14 working days upon receipt of the Products in relation to which such right is claimed. Such withdrawal notice shall be sent by registered letter with acknowledgment of receipt addressed to Tobia s.r.l.. Via Primo Maggio 4 – 23885 Calco (LC) Italy- E-mail email@example.com, or it shall be anticipated by e-mail within the above mentioned 14-days term and confirmed by registered letter with acknowledgment of receipt to be strictly sent within the following 48 hours.
Once received such withdrawal notice, the Client will be promptly provided with instructions concerning return’s modalities together with a personal RMA code (Return Merchandise Authorization) necessary in order to return the Product/s. The Product to be returned shall be received by Tobia s.r.l.. within 10 days upon receipt of the above mentioned Return Merchandise Authorization. To this purpose, reference will be made to the date of delivery to the postal office or to the courier.
Delivery costs arising out of the return of the Products shall be charged by the Client; the costs of delivery to the Client as well as any other additional expenses and/or taxes pointed out upon order’s placement will not be reimbursed.
The Client will be the sole responsible of the delivery until the moment in which will be issued a receipt attesting the arrival of the Products to the store of Tobia s.r.l..
The withdrawal right applies only to the entire purchased Products; it is not possible to exercise the withdrawal right exclusively in relation to one or more part of a purchased Product. Should the order have as object more than one Product, it will be possible to exercise the withdrawal right in relation to one or more of such ordered Products, specifying in the withdrawal notice, the description of the Products to be returned.
Tobia s.r.l.. will not be liable in any case for damages or theft/loss of the Products while being shipped from the client.
Returned product Conditions
The purchased Product shall be returned in their original condition, undamaged, unworn and unwashed, with all their original tags(included packaging and original boxes as well as any other accessories such as, by way of example, dust bags, clothes hangers and protective envelopes). In order to limit any possible damage to the original package, it is recommended to insert it into another box on which a label showing the number of RMA (authorization code of return) provided by Tobia s.r.l.. shall be affixed; in any case no tags nor adhesive tape shall be affixed directly on the original packaging of the Product.
Returned items that do not meet the requirements as outlined in the Return Policy will not be accepted and will be sent back to the original address.
All Items that are returned within a period that exceed the 14-day window.
Items can be exchanged for the same article in a different size or colour, if the product is available. The customer is responsible for returning the article they wish to exchange to Tobia S.r.l., once received, you will be sent the alternate size or colour at Tobia S.r.l. expense.
Refunds consist of the price paid for the merchandise purchased, excluding the cost of shipping.
All refunds are made in Euros (€). Possible differences in the refunded amount may occur due to fluctuations in daily currency exchange rates and will not be refunded.
Refunds will be made within 5 working days from the arrival date of the returned item(s) at our head office to the same method of payment that was used for the purchase.
For orders made by credit card, the amount to be refunded will be visible on the next bank statement of the card. The time of processing may vary depending on the issuing company of the credit card, this time generally takes up to 20 business days.
When a PayPal transaction is refunded, the money returns onto the customer’s PayPal account or credit/debit card. How and when money is refunded depends on the original payment. Customers can refer to PayPal’s policy and check the status of the refund at any time, by logging into their PayPal account.
Should Tobia s.r.l., for whatever reason, not be able to return to its Client a Product covered by the warranty (repaired or replaced), it will be entitled at its own discretion to return to the Client the amount paid taking into account the use of the Product or to replace such Product with another having equal or higher characteristics.
Limitations of liability
Tobia s.r.l.. shall in no case be held liable for careless, unsuitable or inappropriate use of the products sold. Tobia s.r.l. shall not be held liable for actions by third parties who, acting as independent partners, are involved in payment management and settlement activities, in the goods’ delivery, or in any other operation associated with the execution of contracts concluded via this website. In no case whatsoever shall Tobia s.r.l. be held responsible for fraudulent or improper credit-card use by third parties upon payment of products purchased from this website. At no time during the purchase procedure shall Tobia s.r.l. acquire the buyer’s credit-card data, as these will be transmitted directly to the receiving bank service via a payment gateway.
According to Section 13, Italian Legislative Decree no. 196/2003, as subsequently amended and integrated, Tobia s.r.l.. in its quality as data processor, informs you that your personal data provided and collected by (i) registering to private access area of the Site, (ii) executing on line a sale and purchase agreement, (iii) accessing to and surfing on the Site through the so called system’s “logs”, will be processed for the following purposes:
to carry out the activities necessary in order to enter into, manage and execute the sale and purchase agreement indicated under point (ii) above;
to fulfill Client’s requests submitted from time to time by means of the Site or by e-mail or by another communication tool;
to fulfill obligations provided by Italian or European Community laws or regulations as well as by orders of competent authorities empowered by the law or by vigilance and control bodies;
to send newsletters and advertising material concerning goods and services provided by Tobia s.r.l..
In relation to the above described purposes, Tobia s.r.l.. informs that providing personal data is mandatory in relation to the purposes listed under points 1), 2) and 3) above. As a consequence, should the Client decide not to provide its personal data, Tobia s.r.l.. may not be able to respond to or to full fil Client’s requests.
Considering the above, Tobia s.r.l.. will ask the Client, from time to time, to give its consent to the relevant processing by clicking on specific fields / buttons of the Site.
The data processing will be carried out applying procedures strictly related to the above mentioned purposes and, in any case, in such a way as to ensure security and confidentiality of the personal data. Furthermore, whether it will be necessary in order to fulfill Client’s requests, personal data can be communicated to third parties other than Tobia s.r.l.., which will processed such data in their quality as autonomous data processors or as data controllers. In any case personal data will not be disseminated.
Personal data will be kept in the European Community territory.
Tobia s.r.l.. s.r.l informs you that, according to Section 7, Italian Legislative Decree no. 196/2003, you have specific rights in relation to the processing of your personal data.
In particular, you have the right to obtain from the data processor or the data controller, if any, confirmation as to whether or not your personal data exist and communication of such data in intelligible form. You will be also entitled to be informed about the source of the personal data, the purposes and methods of the processing; to obtain cancellation or blocking of personal data unlawfully processed, updating, rectification or, where interested therein, integration of the data; to object, on legitimate grounds, to the processing of your personal data.
Tobia s.r.l.. s.r.l may, from time to time, modify or update its data protection policies mainly as a consequence of changes in law provisions. Therefore, Tobia s.r.l.. strongly suggests you to frequently check this document.
Every claim by the Client should be addressed to:
Via Primo Maggio, 4 – 23885 Calco (LC)
This General Conditions will be governed exclusively by Italian law.