Legal notice

General Terms and Conditions of Sale, in effect from 19/01/2023.

 

INTRODUCTION

 

This information is provided for the site https://transchest-tape.it/ (Site).

 

Seller Information: Transchest Tape by Sofia Vladikas, Via Portogruaro, n. 3 – 00182, Rome (RM), Chamber of Commerce of Rome, Tax Code VLDSFO98E42Z133Z, Tel.: +39 3405557339, Email: transchesttapeita@gmail.com (Seller).

 

Art. 1 Scope of application

 

1.1 The General Terms and Conditions of Sale apply to all sales made by the Seller on the Site.

 

1.2 If allowed by the Site, entering your tax code when making a purchase implies that you are acting as a Consumer pursuant to Article 3, paragraph I, letter a) of the Consumer Code (Legislative Decree of September 6, 2005, no. 206). It is reminded that a Consumer is a natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional, or artisanal activity that may be carried out. If, on the other hand, there is the possibility to enter the VAT number (yours or that of a legal entity), this implies a purchase as a "Professional," pursuant to Article 3, paragraph I, letter c) of the Consumer Code. A Professional is a natural or legal person who acts in the exercise of their entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof. The implications of purchasing as a Consumer rather than a Professional will be described in the following sections of this document.

 

1.3 The terms indicated are to be understood as working days, excluding Saturday, Sunday, and national holidays. The images and descriptions present on the Site are to be considered as merely indicative. The colors may differ from the actual ones due to the settings of the computer systems or computers you use for their display. 

 

1.4 The General Terms of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment of their publication on the Site. You are therefore invited to regularly access the Site and consult, before making any purchase, the most up-to-date version of the General Terms of Sale.

 

1.5 The General Terms and Conditions of Sale applicable are those in force on the date of submission of the purchase order.

 

1.6 These General Terms and Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller that may be present on the Site through links, banners, or other hypertext connections. 

 

1.7 Before conducting business transactions with such parties, it is necessary to verify their terms of sale. 

 

1.8 The Seller is not responsible for the provision of services and/or for the sale of products by such parties. 

 

1.9 The Seller does not perform any control and/or monitoring on the websites accessible through such links. The Seller is therefore not responsible for the content of such sites nor for any errors and/or omissions and/or violations of law by them.

 

1.10 You are required to carefully read these General Terms and Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase process.

 

1.11 The Seller shall not be held liable in any case for any indirect, incidental, special, or consequential damages to you or third parties. This includes, by way of example, any loss of profit or other indirect loss resulting from the use of the Site or the inability to use it. The Seller cannot guarantee or assert: (i) that the Site is free from viruses or programs that may damage data; (ii) that the information contained in the Site is accurate, complete, and up to date.

 

1.12 Unless otherwise agreed with the Seller, it is not possible to place orders via email on the Site. The Seller does not accept orders by phone, unless otherwise agreed with the customer.

 

1.13 The collection of any element of the Site is the property of the Seller or third parties. Unless specifically agreed in writing by the Seller, it is prohibited to reproduce, in whole or in part and by any means, distribute, publish, transmit, modify or sell all or part of the content of the Site. 

 

Art. 2 Purchases on the Site

 

2.1 To make purchases on the Site, it is necessary to follow the procedure present on the Site itself, entering the data requested from time to time. The sales contract is concluded when the order reaches the Seller's server.

 

2.2 You agree to immediately inform the Seller in the event that you suspect or become aware of any misuse or improper disclosure of any information you have entered on the Site. 

 

2.3 You guarantee that the personal information provided is complete and truthful and agree to keep the Seller indemnified and held harmless from any damage, liability for compensation and/or penalty arising from and/or in any way related to the violation of this commitment. You agree to inform the Seller immediately if you suspect or become aware of any misuse or improper disclosure of the access credentials to the Site.

 

2.4 The Seller reserves the right to refuse orders from users who have previously violated these General Terms and Conditions of Sale or any legal provision.

 

2.5 To place orders on the Site, it is not necessary to accept these General Terms and Conditions of Sale. In any case, the submission of the purchase order constitutes acceptance of this document.

 

2.6 The Seller is the only counterparty of the user who intends to purchase one or more products through the Site and is therefore (i) the entity to whom the user directs their order, in order to accept the offer and conclude the sales contract; (ii) the entity that assumes towards the user the pre-contractual obligations arising from the offer; (iii) the entity that concludes the sales contract with the user, assuming the related obligations and rights. The purchase contract concluded through the Site is therefore concluded between the user and the Seller.

 

2.7 On the Site and in communications with customers related to the Site, the Seller reserves the right to operate under its own trade name. Therefore, when the Seller's trade name is used on the Site and/or in communications with customers regarding the Site, or when the first person plural ("We") is used, the reference is to be understood, in addition to the Site, also to the Seller.

 

2.8 The Seller does not provide any guarantee that the Site is constantly functioning and operational. Updates to the CMS platform may occur, which could result in a temporary suspension of the service. The Seller assumes no responsibility for any type of prejudice or damage that the user may suffer from this circumstance.

 

2.9 Following the purchase, you will receive an order confirmation email. The order confirmation email will contain at least the following information: (i) Seller's details; (ii) characteristics of the purchased Product; (iii) purchase price and any taxes; (iv) any additional costs; (v) right of withdrawal or its exclusion; (vi) shipping address; (vii) payment method used.

 

2.10 The colors of the Products available on the Site are indicative and may depend on the resolution of the device used by the user. The Seller assumes no responsibility if the color of the Product is different from what the user expected. The user is encouraged to contact the Seller in case of doubts about the color of one or more Products available on the Site.

 

Art. 3 Product Availability

 

3.1 The Products offered on the Site are in limited quantity. It may therefore happen, also due to the possibility that multiple users purchase the same Product simultaneously, that the ordered Product is no longer available after the transmission of the purchase order.

 

3.2 The Site provides information on the availability of Products. The availability of Products is continuously monitored and updated. However, since the Site can be visited by multiple users simultaneously, it may happen that several users purchase the same Product at the same moment. In such cases, the Product may appear to be available for a short period of time, while it is actually out of stock or not immediately available, and it may be necessary to wait for restocking.

 

3.3 You will be informed in case of unavailability of the ordered Product. In this case, you will have the right to terminate the purchase contract. In any case, please consider that before requesting the termination of the contract, the Seller reserves the right to take these measures:

  • If a restock is not possible, the Seller will provide a different product of equivalent or higher value, subject to payment of the difference in the latter case, and prior express acceptance by the user.
  • If a restock is possible, a postponement of the delivery terms, offered by the Seller, with indication of the new delivery date.

 

 

3.4 In the event that a refund is requested for the purchase of Products that later turned out to be unavailable, the Seller will process the refund within a maximum period of 10 days. 

 

3.5 In the event that you exercise the right of withdrawal, the contract is terminated. If the payment of the total amount due, consisting of the price of the Product, shipping costs, if applicable, and any other additional costs, as resulting from the order (Total Amount Due) has already been made, the Seller will refund the Total Amount Due in accordance with the provisions of the article "Payment Methods" infra.

 

Art. 4 Prices

 

4.1 On the Site {iva}

 

4.2 Furthermore, on the Site the prices do not include the WEEE contribution as they are sold Products not subject to the relevant regulations.

 

4.3 The Seller reserves the right to change the price of the Products at any time, without notice, provided that the price charged to you will be the one indicated on the Site at the time of placing the order and that any subsequent variations (increases or decreases) after the transmission of the same will not be taken into account.

 

4.4 The shipping costs of the Products are at your expense, unless otherwise stated.

 

4.5 The Seller will ship the Products only after receiving confirmation of payment authorization or the actual credit of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, will instead be transferred to you when you, or a third party designated by you and different from the carrier, physically take possession of the Products.

 

4.6 The purchase contract is resolutely conditioned on the non-payment of the Total Amount Due. Unless a different written agreement has been made with you, the order will consequently be canceled.

 

4.7 In the event of a pricing error for the Product indicated on the Site, the Seller reserves the right to communicate the correct price to the customer even after the conclusion of the purchase order. In this scenario, the customer has the option to accept the new price or to cancel the purchase contract. The Seller may also cancel the purchase contract for the Product in these cases. The Seller may also cancel the sale in the event of a product availability error.

 

Art. 5 Payment methods

 

5.1 This article describes the payment methods available on the Site. The user can in any case contact the Seller for further information.

 

5.2 On the Site you can purchase using payment cards. The charge will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the issuing company of the payment card you used has granted authorization for the charge. In accordance with Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), users are informed that they may be required to complete the purchase process by meeting the authentication criteria required by the payment institution responsible for managing the online payment transaction. The authentication criteria refer to the identity of the user (to meet this criterion, the user must be registered on the Site at the time of the purchase transaction) and the simultaneous knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication). Failure to complete the above-described procedure may result in the inability to finalize the purchase on the Site. The confidential data of the payment card (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to save such data on the Site, the data of your payment card used for the purchase of Products. The accepted payment cards can be viewed in the footer of the Site and/or during the purchase process.

 

 

  • Visa.
  • MasterCard.
  • American Express.

 

 

5.3 It is not possible to pay via bank transfer on the Site.

 

5.4 It is not possible to purchase via cash on delivery on the Site, unless a different agreement has been made with the Seller.

 

5.5 It is not possible to complete the purchase on the Site by entering discount codes, coupons, or vouchers.

 

5.6 Any alternative methods different from those indicated above will be or have been described in this article.

  • On the Site, it is possible to make purchases also using the PayPal payment solution. If you choose PayPal as your payment method, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure provided and governed by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore unable to know and does not store in any way the payment card details linked to your PayPal account or the details of any other payment instrument connected to that account.

 

 

Art. 6 Delivery of Products

 

6.1 The delivery of the Products is expected in: Italy. The user can always contact the Seller for more information regarding the delivery of the Products; for example, to find out if delivery is possibly expected in countries other than those indicated on the Site.

 

6.2 The obligation to deliver is fulfilled by transferring to you the material availability or otherwise the control of the Product.

 

6.3 Delivery time of the Products from the order submission: 5 days.

 

6.4 The term indicated in art. 6.3 is to be understood as indicative and not peremptory. The Seller therefore reserves the right to deliver the Products within 30 days from the sending of the order. It is your responsibility to verify the conditions of the delivered Product. It remains understood that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and different from the carrier, physically take possession of the Product. The Seller recommends that you check the number of Products received and that the packaging is intact, undamaged, not wet, or otherwise altered, including the sealing materials, and encourages you, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. In the event that the packaging shows obvious signs of tampering or alteration, it is advisable to promptly inform the Seller. 

 

6.5 With reference to the possibility of requesting delivery of the Products at a "pickup point", the Seller informs you that the Site does not offer the option to collect the Product at a "pickup point" other than the address you provided during the purchase process. You are still encouraged to regularly check the Site to see if this delivery option becomes available on the Site at a later time.

 

6.6 The user acknowledges that picking up the Product is their specific obligation. In case of failure to pick up the Product, the Seller reserves the right to terminate the purchase contract and to request compensation for any damage suffered due to the failure to pick up the Product.

 

Art. 7 Right of withdrawal

 

7.1 The user is invited to carefully review this article, which governs the right of withdrawal.

 

7.2 The right of withdrawal is the Consumer's right to terminate the purchase contract without being obliged to provide a reason. If you purchased as a Professional, the right of withdrawal does not apply, unless a different agreement has been made with the Seller. Any exceptions to the right of withdrawal are stated in this article 7. If there are no exceptions to the right of withdrawal, this article 7 applies in full.

  • On the Site, sealed goods are sold that cannot be returned for hygiene reasons or related to health protection. If these Goods have been opened after delivery, you lose the right of withdrawal. Therefore, the following rules on the right of withdrawal do not apply.

 

 

7.3 If you are a Consumer (and unless exceptions provided in this article apply), you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without incurring costs other than those provided in this article within the period of fourteen calendar days (Withdrawal Period). To exercise the right of withdrawal, you must inform the Seller, before the expiration of the Withdrawal Period, of your decision to withdraw. To this end, you can write to the Seller at the contacts indicated in the Introduction, or use the contact form that may be present on the Site. You have exercised your right of withdrawal within the Withdrawal Period if the communication regarding the exercise of the right of withdrawal is sent by you before the expiration of the Withdrawal Period. Unless otherwise agreed, the direct costs of returning the Products are borne by the Consumer, as well as the responsibility for their transport. In case of exercising the right of withdrawal, the Product must be delivered to the Seller's premises, or to the different address communicated by the Seller. The Withdrawal Period expires after 14 days:

 

  • in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
  • in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, takes physical possession of the last Product; or
  • in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

 

7.4 If the right of withdrawal is applicable, the Seller will proceed to refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day the Seller was informed of the decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. In the event that the Products were shipped using a carrier chosen by the Consumer and at their expense, the Seller may suspend the refund until the Products are received or until the Consumer has demonstrated that they have returned the Products, if earlier. The Consumer is solely responsible for the decrease in value of the goods resulting from handling the Product in a manner other than that necessary to establish the nature, characteristics, and functioning of the Product. The Product must still be stored, handled, and inspected with normal diligence and returned intact, complete in every part, fully functional, accompanied by all accessories and instruction sheets, with identification tags, labels, and the tamper-proof seal, where present, still attached to the Product and intact and unaltered, as well as perfectly suitable for the intended use and free from signs of wear or dirt. The right of withdrawal also applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product. In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling the good in a manner other than that necessary to establish the nature, characteristics, and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Seller will communicate this circumstance and the resulting reduced refund amount, providing, in the event that the refund has already been made, the bank details for the payment of the amount due from the user due to the decrease in value of the Product. In the event that the right of withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not give rise to any refund. 

If the right of withdrawal exists, the Products must be returned to the address indicated in the "Seller Information" section in the Introduction.

 

7.5 This article regulates a very important area concerning return costs in the event of withdrawal.

 

In light of the above, the Seller deems it appropriate to highlight that the return shipping costs of the Product will be at your expense and under your responsibility.

 

Art. 8 Legal Warranty of Conformity

 

8.1 The Legal Warranty of Conformity is reserved for the Consumer. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity that may be carried out.

 

8.2 The Seller is responsible to the Consumer for any lack of conformity of the Product that occurs within two years from such delivery. The action aimed at asserting defects not fraudulently concealed by the Seller is, in any case, subject to a limitation period of twenty-six months from the delivery of the goods.

 

8.3 Unless proven otherwise, it is presumed that the conformity defects that occur within twelve months from the delivery of the Product existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the conformity defect. Starting from the twelfth month following the delivery of the Product, it will be the Consumer's burden to prove that the conformity defect already existed at the time of delivery.

 

8.4 In case of a lack of conformity of the goods, the Consumer has the right to restore conformity, or to receive a proportional reduction of the price, or to terminate the contract based on the conditions established by art. 135-bis and following of the Consumer Code.

 

8.5 The Seller is not responsible for any damages of any kind resulting from the improper use of the Product and/or non-compliance with the instructions provided by the manufacturer, as well as for damages resulting from unforeseen circumstances or force majeure.

 

8.6 If you made the purchase as a Professional, the previous paragraphs of this article do not apply. In this case, the legal warranty is governed by articles 1490 and following of the civil code; in particular, the term for reporting any defects is 8 days from discovery and the action is barred after 1 year from delivery.

 

Art. 9 Manufacturer's Warranty

 

The Manufacturer's Warranty is a supplementary warranty compared to the Legal Warranty of Conformity that may be provided by the Seller on the Products. Except as otherwise indicated on the Site, the Products sold on the Site are not covered by the Manufacturer's Warranty. You can in any case assert your rights provided by the Legal Warranty of Conformity governed by the previous article.

 

Art. 10 Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution

 

10.1 Purchase contracts concluded through the Site are governed by Italian law.

 

10.2 The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided by the law of the country in which they have their habitual residence is reserved. It is noted that in the case of a Consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution, and interpretation of this document, the court where the Seller is based is competent as provided in the Premise.

 

10.3 The Seller informs the user who qualifies as a Consumer that, in the event that he has submitted a complaint directly to the Seller, and it has not been possible to resolve the dispute that has arisen, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the out-of-court resolution of disputes related to obligations arising from a contract concluded under these General Conditions of Sale (ADR bodies), specifying whether he intends to make use of such bodies to resolve the dispute itself.

 

10.4 The Seller also informs the user who qualifies as a Consumer that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr. Through the ODR platform, the Consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which they are involved.

 

10.5 In any case, the Consumer user's right to appeal to the competent ordinary judge for disputes arising from these General Terms and Conditions of Sale is preserved, regardless of the outcome of the extrajudicial dispute resolution procedure related to consumer relationships through the procedures referred to in Part V, Title II-bis of the Consumer Code.

Users residing in a member state of the European Union other than Italy may also access, for any dispute related to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims, by Regulation (EC) No. 861/2007 of the Council, of July 11, 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and costs, Euro 5,000.00. The text of the regulation is available on the website http://www.eur-lex.europa.eu.

 

Art. 11 Customer service

 

11.1 You can request information, send communications, request assistance, or submit complaints by contacting the Seller at the contact details provided in the Introduction, or by using the contact form that may be available on the Site.

 

11.2 The Seller responds within an indicative time of 5 days.

 

Art. 12 Miscellaneous

 

12.1 This document fully governs the relationship between you and the Seller. In any case, the rights and obligations provided by the applicable law from time to time are reserved. 

 

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