ART. 1 definition and scope of APPLICATION
1.1 These general conditions of sale have as their object the wholesale and retail sale of products carried out remotely by means of a telematic network through the website www.tartadesign.it, belonging to Tarta Design Srl, a single shareholder with registered office in via del Castello, 73 Cividale del Friuli 33043 Udine
1.2 The conditions of sale are governed by Italian law and in particular by Legislative Decree 70/2003 relating to electronic commerce and by Legislative Decree 206/2005 with specific reference to the legislation on distance contracts.
1.3 By "online" sales contract we mean the distance contract, that is, stipulated between a supplier of movable goods and / or services in this case Tarta Design S.r.l. and a final consumer customer or other professional users in the context of a remote sales system organized and carried out through a remote communication technology called the internet.net.
1.5 Professional users are understood to be the natural or legal person who purchases goods and services in the exercise of their entrepreneurial, commercial, craft or professional activity.
1.6 By order we mean any proposal regarding the purchase of one or more products, made by the Customer towards Tarta Design S.r.l. through the website www.tartadesign.it
Art.2: CONDITIONS OF SALE
2.1 These general conditions apply to any sale concluded between the consumer customer or professional user with the site www.tartadesign.it, managed and edited by Tartadesign S.r.l .
2.2 Any changes or new conditions of sale made at any time by Tarta Design S.r.l. they will be effective immediately from the moment of its publication on the Site and will be applied only to sales concluded after the date of publication itself.
2.3 Any contract relating to the purchase of products will be stipulated in the Italian language.
2.4 All contracts will be concluded directly through access by the consumer customer or professional user through the website www.tartadesign.it, where they will be able to conclude the contract for the purchase of the desired good and / or product by carefully following the instructions and procedures provided for therein as well as viewing the relative conditions of sale applied.
2.5 Sending an electronic order by the final consumer, customer or professional user through the site www.tartadesign.it implies the acceptance by the same of these conditions of sale and their full acceptance, also taking note that Tarta Design S.r.l. does not consider itself bound to different conditions unless previously agreed in writing.
Art.3: METHOD OF PURCHASE and contractual formalization
3.1 To proceed with the purchase of one or more Products via the Internet, the Customer must first register on the website www.tartadesign.it, providing Tarta Design Srl, in compliance with the applicable provisions on the protection of personal data, all data necessary to allow Tarta Design Srl to execute the Orders placed.
3.2 Once the registration is complete, the customer can select one or more products he intends to purchase, inserting them in a virtual "cart", of which he can always view the content before proceeding with the order.
3.3 By clicking on the Proceed to Purchase button, the Customer will start the order forwarding procedure. During the formulation phase of the Order and until its actual forwarding, the Customer will have, however, the possibility to review the data entered by clicking on the "Back" button, so as to identify and correct any incorrect information.
3.4 By clicking on the "Complete the Order" button, at the end of the procedure initiated pursuant to the previous article, the Customer will forward the Order to Tarta Design Srl. Each Order forwarded according to these methods must be understood to all effects, as a contractual proposal by the Customer. The products, prices and conditions of sale on the website www.tartadesign.it within the limits of their availability constitute an offer to the public for the consumer and, therefore, require acceptance for the final conclusion of the contract and the electronic start of the order, of the same, by the consumer, through formal acceptance of the box with the words Conditions of sale.”.
3.5 The customer is required to pay the price published on the product page at the time the order is placed, together with the transport costs where applicable.
3.6 The customer can pay for the ordered goods using the payment methods indicated "online" at the time of purchase or: payment via PAYPAL portal or credit card.
3.7 At the order forwarding by the Customer and simultaneous payment for the products ordered, a subsequent confirmation by Tarta Design S.r.l. will follow. regarding the receipt of the Order itself, by sending an e-mail to the e-mail account communicated by the Customer. With subsequent e-mails, Tarta Design S.r.l. will inform the customer about the processing status of the goods as well as about the relative shipment by communicating the tracking number of the shipment status, which can be monitored through the appropriate link command present on the website www.tartadesign.it
3.8 Tarta Design S.r.l. will have the right to accept or not the orders received for past anomalous behavior, non-payment, continuous product returns without, in the event of non-acceptance, the Customer being able to advance rights or claims against Tarta Design S.r.l. for any reason. The order will be considered, in any case, accepted and consequently the Contract concluded at the moment in which the Customer will receive, on his e-mail address, the order confirmation e-mail, containing confirmation of the acceptance of the Order.
3.9 The customer expressly attributes to Tarta Design S.r.l. the right to accept, even partially, the order placed, allowing the direct shipment of the goods within the limits determined by the seller. In this case, the contract will be considered completed in relation to the goods actually sold.
ART. 4 PRICES
4.1 The prices of the products published on the site www.tartadesign.it they are expressed in Euro and include VAT, unless otherwise indicated.
4.2. The prices of each product cancel and replace the previous prices shown: the prices applied are also those shown on the site www.tartadesign.it at the time of the purchase order made by the customer.
4.3 The total cost of the shipment to the customer's home is charged to the customer, except for exceptions and derogations that will be specifically advertised on the site. The cost will, in any case, be made known to the customer before confirming the purchase. Any changes in the transport price are related to weight, size, choice of payment method, delivery destination and / or any other services required, insurance, delivery times, etc.).
Art.5: METHOD OF DELIVERY
5.1 Tarta Design S.r.l. will deliver to customers the products, selected and ordered in the manner referred to in the previous articles, by couriers and / or trusted freight forwarders, or personally with their representatives. It is the customer's responsibility to verify the correctness of their data in the order confirmation sent by email which will constitute the delivery address of the products.
5.2 Any strikes, suspension of transport, etc. constitute force majeure while Tarta Design S.r.l. is not responsible for damage or delays in delivery caused by the carrier to the products purchased, remaining totally unrelated to the relationship between the carrier and the customer.
5.3 The delivery of the products is carried out at street level: it will be the customer's responsibility to undertake the relative internal transport directly to their home premises.
5.4 The delivery costs of the products, unless offered and / or otherwise stated, are charged to the customer and the delivery of the products is always subject to the customer's payment of the total value of the products purchased, including the transport cost required.
Art. 6: GUARANTEES AND METHOD OF ASSISTANCE
6.1. All products sold by Tarta Design S.r.l. through their website www.tartdesign.it they are covered by the manufacturer's conventional warranty and by the 24-month warranty for lack of conformity, pursuant to Legislative Decree 24/02, provided that the product itself has been used correctly, in compliance with its destination, use and as provided in the attached technical documentation.
6.2 This guarantee is reserved for the private consumer who is a natural person who buys the goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number in the order form.
6.3 For the Consumer with a VAT number, for companies and professionals, the warranty is 12 months and applies to the product that has a lack of conformity, provided that the product itself has been used correctly, respecting its intended use and provided in the attached technical documentation.
6.4 The warranty covers only manufacturing defects and product non-conformity. With the exception of the replacement of defective and non-compliant products, the supplying company assumes no responsibility for direct and indirect damages that may derive from even improper use of the product by the customer.
6.5 To use the warranty, the Customer must keep the receipt or the invoice that he will receive in the package, attached to the purchased product. The manufacturer's conventional warranty is provided in the manner illustrated in the documentation inside the product packaging. Together with the product, the Customer will receive a valid purchase document, receipt or invoice which he will be required to show in order to make use of the relative guarantee.
6.6. Any liability of Tarta Design S.r.l. is excluded. regarding the bad condition of the products due to inadequate storage after the time of delivery.
Art.7: BUYER'S OBLIGATIONS
7.1 The Customer undertakes to print and keep these General Conditions. All the information contained in the General Conditions must be viewed and accepted by the Customer before sending the purchase order, in order to fully satisfy the condition set out in Articles 3 and 4 of Legislative Decree no. 185/1999. Acceptance takes place by marking the appropriate space on the site: in the absence of acceptance the order cannot be executed..
7.2 It is strictly forbidden for the buyer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or fantasy.
7.3 It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Tarta Design S.r.l. reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
7.4 The Customer indemnifies Tarta Design S.r.l. from any liability deriving from the issue of incorrect tax documents due to errors relating to the data provided by the Customer, being the Customer himself solely responsible for the correct insertion.
Art.8: RIGHT OF WITHDRAWAL
8.1 Pursuant to Article 5 of Legislative Decree 22 May 1999, n.185, the consumer customer can exercise the right of withdrawal by returning the goods received in their original packaging, without tampering with any guarantee seal or simple opening and / or deterioration of the same outer packaging, and obtaining a refund of the price paid.
8.2 The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 calendar days from the day of receipt of the purchased good. The right of withdrawal cannot be exercised by customers who purchase with a VAT number - must be exercised in compliance with the mandatory conditions established by the manufacturers and the right of withdrawal can be exercised as long as the asset has not been used.
8.3 All costs of returning products to Tarta Design S.r.l. are charged to the customer who, directly or by other means, will deliver them to the seller's home; all items must be received in the same conditions as they were received, with the original packaging and any manuals and / or instruction booklets that are part of the packaging and the original packaging; it is not allowed to return the goods in any other way.
8.4 To exercise the right of withdrawal, the customer must, within the period indicated above, send a registered letter with return receipt to the following address: Tarta Design S.r.l, Via Cotonificio, 56 - 33037 Pasian di Prato Udine. A telegram or fax can be sent within the same period, followed by the aforementioned registered letter with acknowledgment of receipt confirming the withdrawal manifest within 48 hours.
8.5 The goods must be sent to our warehouse in via Cotonificio 56, 33037 - Pasian di Prato Udine.
8.6 Tarta Design S.r.l. will accept the returned goods, reserving the right to verify that the products have been returned in their original state and with their original packaging; only in this case will it forward the amount paid by the consumer to purchase the products.
8.7 The right of withdrawal is not applicable in the following cases:
purchase of customized or customized products
on multiple purchases made at particular conditions / prices, for obvious professional reasons not aimed at private use.
Art.9: EXCHANGE OF GOODS
9.1 Tarta Design S.r.l. offers the possibility to change the items purchased not subject to wear within 14 days from the date of purchase, upon presentation of the receipt and the item purchased complete with box with code.
9.2 The exchange of goods applies only to intact products that have not been used.
The following are excluded from the exchange:
goods made to measure or customized
9.3 All costs of returning products to Tarta Design S.r.l. are charged to the customer who, directly or by other means, will deliver them to the seller's home; all items must be received in the same conditions as they were received, with the original packaging and any manuals and / or instruction booklets that are part of the packaging and the original packaging; it is not allowed to return the goods in any other way.
9.4 The goods purchased on-line must be sent to our operational headquarters in via Cotonificio 56, 33037 Pasian di Prato. Tarta Design S.r.l. will accept the returned goods reserving the right to verify that the products have been returned in their original state and with their original packaging; only in this case will the goods be exchanged.
9.5 For exchanges relating to the same item, any price reductions granted in the first purchase will be recognized. For exchanges with different items, the initial price actually paid will be recognized.
9.6 The transport costs incurred for the eventual return of the changed products are charged to the Customer and are not refundable.
Art.10: CONTRACTUAL RESOLUTION AND EXPRESS TERMINATION CLAUSE
10.1 Tarta Design S.r.l. has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid. The obligations assumed by the customer as per Article 7 Obligations of the buyer, as well as the guarantee of successful payment, are essential, so that for express agreement, the non-fulfillment by the Customer of only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial ruling, without prejudice to the right for Tarta Design Srl to take legal action for compensation for further damage.
Art. 11: PRIVACY
11.1 Personal data are collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications towards him; these data are processed electronically in compliance with the laws in force and may be exhibited only at the request of the judicial authority or other authorities authorized for this purpose by law.
11.2 Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose.
11.3 The interested party enjoys the rights referred to in Article 13 of the D.P.R. 196 of 30 June 2003 and subsequent amendments and additions, namely:
- to ask for confirmation of the existence at the Tarta Design S.r.l. their personal data;
- to know their origin, the logic and the purposes of their treatment;
- to obtain the updating, correction and integration;
to request cancellation, transformation into anonymous form or blocking in case of unlawful processing;
- to oppose their processing for legitimate reasons or in the case of use of the data for sending advertising material, commercial information, market research, direct sales and interactive commercial communication.
11.4 The rights deriving from the privacy legislation and the disclosure obligations arising from it by Tarta Design S.r.l. they are examined "online", before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of them. The customer or professional user, by electronically sending the confirmation of his purchase order, declares to have been informed of all his rights under the aforementioned rules.
11.5 The owner and manager of the collection and processing of personal data is Tarta Design S.r.l .
11.6 Tarta Design S.r.l. informs customers that there is a particular risk of violation of network security, a risk that may also arise, due to the particular nature of the medium used, outside the scope of the minimum security measures that it is required to adopt to pursuant to current legislation.
Art.12: JURISDICTION AND COMPETENT COURT
12.1 Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated "on line" through the website www.tartadesign.it is subject to Italian jurisdiction; these general conditions are reported, although not expressly provided therein, in conjunction with Legislative Decree no.50 of 15.1.1992 and Legislative Decree no.185 of 22.5.1999.
12.2 For any dispute between the parties regarding this contract, the Court of Udine will be exclusively competent.