We would like to inform you that the General Conditions of Sale, set out below, indicate, in compliance with the regulations in force for the protection of the Consumer, the conditions and methods for proceeding with online purchase of Retorta Firenze 1906 brand products, on the website owned by Manifatture Toscane Ta-Bru S.p.a., with registered office in Via Indicatorio, 81, 50058 Signa (Fi) registered with the Chamber of Commerce of Florence with REA number 86328, (Tax Code and VAT number: 00407370485) hereinafter referred as the Seller. We invite you to read and accept them to proceed with the purchase. For any information, communication, or complaint, you can contact the Seller at the following addresses: Tel.: 055 8997641; Fax 055 8997644; e-mail: email@example.com; pec: firstname.lastname@example.org or by registered mail to be sent to the head office.
These General Conditions of Sale regulate the sale of the products marketed by the Seller to Consumer users and to users who act for purposes related to the business activity, hereinafter referred as the Customer, and form an integral part of the sales contract. The sale of products and / or the provision of services by parties other than the Seller, which are present on the Site via links, banners, or other hypertext links, are excluded from these Conditions.
These General Conditions have binding effect from the date of acceptance of them by the Customer on the website, which is valid for all purposes as acceptance pursuant to art. 1341 of the civil code, for this reason the customer is invited to print and /or store them on a durable medium. The Seller reserves the right to modify these General Conditions of Sale at any time by posting them on the website. The update date of them is shown at the bottom of the page. The Conditions are governed by Legislative Decree 9 April 2003, n. 70 and following changes and, if the Customer is a Consumer, by Legislative Decree 6 September 2005, n. 206, so-called Consumer Code and following changes.
Any contractual or extra-contractual liability of the Seller for direct or indirect damage to persons and / or things caused by the non-acceptance, even partial, of an order is excluded. The Customer who accesses to the website and makes purchases on it must be over 18 years of age.
- PURCHASE METHOD
The products offered for sale on the website are various types of items in the context of home furnishings and accessories for the person. They are designed and manufactured in Italy, mainly in the Seller’s production units. The purchase of products takes place through access to the website and the relative registration. For each of the products, a description is available on the website containing the main characteristics of them. All others purchase support information are intended as a simple generic information material.
It is understood that the image accompanying the product description may not be perfectly representative of its characteristics, but may differ in color, size, accessories, etc.
The correct response upon receipt of the order, which is equivalent to the purchase offer, is confirmed by the seller via an automatic email, sent to the customer’s email address provided at the time of registration. This confirmation of receipt message will contain an “order number”, to be used in the case of any vendor communicating with the indication, as well as all the order data from the Customer with a summary of the order placed and with the price order. The Customer undertakes to verify its correctness and to promptly communicate any corrections. The automatic email is not equivalent to order confirmation and is not binding for the seller, who reserves the right to do not accept and / or change the order at his sole discretion until the moment of sending a subsequent manual e-mail of confirmation or modification of the order received.
The valid response upon receipt of the order, which is equivalent to the purchase offer, is confirmed by the seller via an automatic email, sent to the customer’s email address provided at the time of registration. This confirmation of receipt message will contain an “order number”, to be used for any communication between the vendor and the customer. The Customer undertakes to verify the correctness of all his personal information included in the confirmation receipt and, if any errors occurred, promptly communicate any corrections. The automatic email is not equivalent to order confirmation and is not binding for the seller, who reserves the right to do not accept and / or change the order at his sole discretion until the moment of sending a subsequent manual e-mail of confirmation or modification of the order received.
Dispatch of the goods takes place only after the Seller has sent the manual e-mail to confirm the order, and the credit has been received. The order confirmation e-mail will also indicate the shipping times and the exact amount of the sale’s cost plus the shipping fees.
Request for the order’s cancellation
The purchase order can be fully canceled by the Customer before receiving the manual order confirmation email and after receiving this email by communicating to the Seller at the addresses indicated in the introductory paragraph of these General Conditions of Sale. However, if, at the time of the request for cancellation of the order, the product is already collected from the courier, or, in any case, the amount has been collected, the Consumer Customer must exercise the right of withdrawal, governed by the following § VIII. RIGHT OF WITHDRAWAL and return the goods to the Seller.
III. TERMS OF PAYMENT
All prices on the website are to be intended as retail price, inclusive of VAT and expressed in euros (€).Prices may vary without prior notice, the same will be indicated when placing the order and summarized in the automatic email confirmation of receipt, without however this indication being binding for the Seller who reserves the right to vary the price up to sending the manual order confirmation email, which becomes binding for the Seller.
To purchase one or more products on the website, the Customer must register and fill-in an order form in electronic format, transmit it electronically to the Seller, following the instructions that will appear on the website from time to time and which will accompany the different phases of the purchase.
Payment can be made by bank transfer or PayPal. To pay by bank transfer it is sufficient to use the bank details that will be revealed when choosing this payment method.
In case of cancellation of the order, governed by the previous § II. PURCHASE METHOD, both by the Customer upon acceptance by the Seller, and by the Seller in the event of non-acceptance of the same, there will be the release of the committed amount (the release times depend exclusively on the banking system). Once the transaction has been canceled, the Seller cannot be held responsible for any damages deriving from the release of the amount committed by the banking system.
IV SHIPPING PROCEDURE
For any order placed, the Seller will provide a sales document for the goods shipped. Deliveries are made to the address indicated by the Customer when completing the order form. The invoice will contain customer’s personal information provided when the order has been placed.
The Customer can request a copy of the invoice within three months of issue.
Delivery fees are charged to the Customer and are indicated when placing the order and confirming receipt of the order, without however this indication being binding for the Seller who reserves the right to vary the price up to sending the manual order confirmation email, which becomes binding for the Seller.
No responsibility can be attributed to the Seller in case of delay to process the order or delay on delivery. At the time of delivery, the Customer is required to check:
– that the packaging is intact, neither damaged, wet, or in any case altered;
– that the number of parcels corresponds to what is indicated in the transport document.
Any damage to the product or packaging or the mismatch in the information must be immediately reported to the courier by writing “Control reserve” on the courier’s proof of delivery and by sending the relevant communication to the Seller. Once the courier’s document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered.
In case of repeated inability to deliver the parcel to the indicated address the Customer must collect the parcel from the courier’s warehouse within 5 (five) working days after which order will be canceled.
Seller has not responsibility for any delay on the delivery.
- LIMITATION OF LIABILITY
The Seller undertakes to correct all errors in the description of the products showed in the website ASAP starting from the notification of them.
The seller is not liable in the event of damage, of any nature whatsoever, deriving from improper use of the product and / or not in accordance with the instructions provided, as well as in the event of damage deriving from unforeseeable circumstances or majeure force. The Seller will not be liable in the event of loss of revenues, profits, data or for any other indirect damage of any nature deriving or connected to contracts subject to the General Conditions.
The responsibility of the Seller, in any case, cannot exceed the total value of the purchase order.
In no case the Seller will be held responsible for the non-fulfillment of any of the obligations deriving from the contracts subject to the General Conditions in case that the non-fulfillment is caused by unforeseeable circumstances and / or force majeure.
- INTELLECTUAL OWNERSHIP
Everything that appears on the website, including images, drawings, graphics, colors, logos, fonts, and any other content, is property of the Seller or its licensors and it is protected by copyright and other intellectual property rights. Likewise, “Retorta Firenze 1906” and other trademarks or slogans present on the website are the property of the Seller. Customers are allowed to store, print, and view the content provided just for personal use. You may not publish, modify, distribute, or reproduce, in any format, any content or copy of the content provided to users or appearing on this website, nor may you use any of this content in connection with any business or commercial enterprise.
No license or authorization is granted for the use of these marks.
RETURN POLICY AND LEGAL GUARANTEE
-Check details in “RETURN POLICY”
-Check details in “LEGAL GUARANTEE”
VII. APPLICABLE LAW
The sales contract between the Customer and the Seller is concluded in Italy and governed by Italian law. Unless otherwise established, the Italian law on the matter applies.
For the resolution of civil and criminal disputes deriving from the conclusion of this distance sales contract, if the Customer is a Consumer, which means that the Customer is a person who purchases the goods for purposes not related to his professional activity, who does not make the purchase by indicating in the order a VAT number reference, the territorial jurisdiction is that of the reference court of his municipality of residence; in all other cases, the territorial jurisdiction is exclusively that of the court of the seller’s headquarters.
These General Conditions of Sale are drafted in Italian with an English translation. In case of conflicts, the Italian version shall prevail.
- LEGAL GUARANTEE
The purchased products are always accompanied by a legal guarantee, provided by art. 128-135 of the Consumer Code, as amended by Legislative Decree 170/2021 which covers production and conformity defects (e.g. mismatch with the description and type indicated in the contract, unsuitability for the purpose, lack of accessories and packaging provided, lack of characteristics, even in terms of functionality, of products of the same type) of the products themselves for 2 (two) years from the date of delivery.
The direct action to assert the defects not intentionally concealed by the seller is prescribed in any case within the term of twenty-six (26) months from delivery. The legal guarantee cannot be asserted by those who have purchased the products as part of their business or professional activity, indicating their VAT number.
The lack of conformity, unless proven otherwise, is presumed to exist at the time of delivery of the goods if it occurs within 1 year of delivery, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity. In the event of a lack of conformity of the goods, the consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract based on the following conditions:
1) For the purposes of restoring the conformity of the goods, the consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs for the seller, considering all the circumstances and the following:
- a) the value that the asset would have in the absence of the lack of conformity
- b) the amount of the lack of conformity
- c) the possibility of carrying out the alternative remedy without significant inconvenience for the consumer. The seller may refuse to bring the goods into conformity if repair and replacement are impossible or if the costs that the seller should have to bear are disproportionate, considering all the circumstances. The repair or replacement is carried out free of charge and within a reasonable period. The Consumer is not required to pay for the normal use of the replaced goods in the period preceding the replacement.
2) The consumer has the right to a proportional reduction in the price or to terminate the contract if:
- a) has not carried out the repair or replacement, where possible, or has refused to bring the goods into conformity;
- b) a lack of conformity occurs, despite the seller’s attempt to restore the conformity of the goods;
- c) the lack of conformity is serious enough to justify the immediate reduction of the price or the termination of the sales contract; or
- d) the seller has declared, or it is clear from the circumstances that he will not proceed with the withdrawal of conformity of the goods within a period or without significant inconvenience to the consumer.
The consumer does not have the right to terminate the contract if the lack of conformity is only minor. The burden of proof of the entity of the defect is on the seller.
The consumer can refuse to make the payment of any part of the price until the seller has fulfilled his obligations under this chapter. The provisions of the civil code which govern the exception of non-fulfillment and the concurrence of the consumer’s fact remain valid.
Products repaired, modified or in any way altered by the Consumer are excluded from the legal guarantee. Any defects or discrepancies caused by accidental events or by the responsibility of the Consumer or by a use of the product that does not comply with its intended use and / or as provided in the technical documentation attached to the product are also excluded from the scope of the guarantee.
- RETURNS AND REFUDNS- RIGHT OF WITHDRAWAL
The online customer who acts as a consumer has the right to withdraw from the contract, as required by art. 52 of the Consumer Code.
Please note that this right is reserved only to natural persons, that is to those private consumers who act for purposes unrelated to their profession. There is no right of withdrawal for legal and natural persons who act, with reference to the purchase contract, in a professional context.
Pursuant to and within the limits of art. 52 of the Consumer Code, the Consumer Customer has the right, within 14 (fourteen) days of receiving the products purchased, to exercise the right of withdrawal, consisting in the possibility of returning the products received and obtaining a refund of the price paid, without penalty and without having to specify the reason.
This right applies to all products purchased online on this website, except for the exclusions regulated by Article 59 of the Consumer Code
How to apply for the right of withdrawal
To exercise the right of withdrawal, governed by articles 52 and ss. it’s necessary to send back to the seller, within 14 days of receipt of the purchased product, a communication with the intention to withdraw from the purchase contract is clearly expressed. The withdrawal can be made:
-By written declaration to be sent by e-mail to: email@example.com, by certified email to: firstname.lastname@example.org; by fax to n. 055 8997641 or by registered mail to the following address: Manifatture Toscane Ta-Bru S.p.a Via Indicatorio, 81 – 50058 Signa (FI);
– using the standard form at the bottom of these General Conditions, completing it entirely, and sending it by e-mail to: email@example.com, by registered email to: firstname.lastname@example.org; by fax to n. 055 8997641 or by registered mail to the following address:
Manifatture Toscane Ta-Bru S.p.a. Via Indicatorio, 81 – 50058 Signa (FI);
The deadline of 14 (fourteen) days is met if the Customer sends the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. Withdrawal is not allowed in the cases provided for by art. 59 of the Consumer Code, like for example customized products.
Effects of the refund
- a) Customer’s refund
In case of withdrawal by the Customer, the Seller, in accordance with art. 56 of the Consumer Code, will reimburse all payments received from the Customer including any shipping costs, no later than 14 (fourteen) days from receipt of the notice of withdrawal, using the same payment method used by the Customer for the initial transaction, unless the Customer has agreed to receive the refund in different ways.
In any case, the Customer will not have to incur any costs because of this reimbursement. The refund will take place only if the returned goods are perfectly intact and the return will be accepted with the characteristics and methods indicated in the following paragraph sub b).
- b) Return of purchased goods
Once the right of withdrawal has been exercised, the Customer must arrange for the return of the purchased products which must arrive appropriately protected or packaged in their original packaging, complete with all accessories, including instruction manuals / illustrative material.
The goods to be returned must be sent by the Customer, within 14 (fourteen) days from the date when the Customer communicated to the Seller his decision to withdraw from the contract, at the Seller’s head office at the following address:
Manifatture Toscane Ta-Bru S.p.a.
Via Indicatorio, 81 – 50058 Signa (FI)
The term of 14 (fourteen) days is respected if the customer sends back the goods before the expiry of the same period of 14 (fourteen) days.
The return will be accepted only if it is returned in the Seller’s original packaging, with its packaging perfectly intact, without having been used, without tampering, alterations, scratches, etc., with the labels still attached and with any instruction booklet /material included.
The customer is responsible for the resulting value of the goods purchased if goods has been manipulated other than necessary to check their suitability. In case of damage or alteration, the seller reserves the right to check with the customer about those alterations, so Seller reserves the right to do not accept the full return.
Important notes- Recap
Retorta Firenze allows consumers to make exchange or return of the purchased goods without additional transport costs from the Consumer.
Important exchange and return conditions:
-The goods must not be broken / damaged and in any case must not show signs of wear caused by use.
-In case of material provided with special packaging (envelope / box etc.), this packaging must be used to re-insert the goods.
-If the goods are received damaged, the return request will be canceled
-Goods must be received from the Seller within 14 (fourteen) days from the date of receipt the goods
If all the conditions indicated above are respected to make the change you must contact our Customer Service at email@example.com communicating the references of your order, the items to be changed, the address, the date, and any preferences of time to make the replacement. The courier who will make the change, will deliver, and collect the package at the agreed address.
Please note refunds or exchanges are not allowed for customized products
Order Cancellation Request
Please refer to what is regulated in sections II. PURCHASE METHOD and III. TERMS OF PAYMENT. For more information, contact the Seller at the addresses indicated in the introductory paragraph of these General Conditions of Sale
Attachment – Type Form for exercising the right of withdrawal, pursuant to art. 49, paragraph 1, letter h of Legislative Decree 206/2005 (Consumer Code)
Recipient: Seller______________, head office______________________,
fax __________________, e-mail _______________
With this, myself/ourselves (*) I/we notify the withdrawal from my / our (*) sales contract
of the following goods / services (*) _____________
Date of order: _____________________
Consumer’s name: __________________
Date _______________ (*)