General Conditions

(as defined inChapter I, Title 3,Part 3of the 206/2005Decree and subsequent amendments and additions)

 

1. Introduction and effectiveness of the General Conditions

These sale general conditions (hereinafter, "General Conditions") have as their object the regulation of products and services purchase, placed and available on line, from the site www.TITALY.it (hereinafter, the "Site") in compliance with the Italian legislation as by the 206/2005 decree and subsequent amendments and additions (hereinafter, "Consumption Code").

The seller of the products and owner of the website is: TITALY SRLS.
The consumer who accesses the website to make purchases (the "Customer"), before sending the order, must read these Terms and Conditions that have been made available on the Site, and can be consulted at all times by the Customer through the link contained in the confirmation email of each order to enable him to print and store them.

In case that the person placing an order on the website requires an invoice and / or anyway he is not a "consumer or user" as defined in art. 3, paragraph 1, letter a of the Consumption Code, it will not be possible to apply the discipline of withdrawal as by Art. 9 and 10 of these General Conditions or, more generally, the forecasts that, according to that Consumption Code, are applied only to "consumers".

The contracts entered with TITALY through the Website are governed by these Terms and Conditions in respect of the Italian legislation.

2. Product Information

The information and specifications relating to the Products are available, with their respective product codes, on the Website.

The visual representation of the Products on the Site, if available, usually corresponds to the photographic image accompanying the description card. It is understood that the image of the Products has the only purpose of presenting them for sale and may not be fully representative of their features and quality but may differ in color and size. In case any difference between the image and the written product card, please always consider the description of the product card.

3. Purchase Procedure

The customer can buy the different products (hereinafter "Product" or "Products") from the electronic catalog of the website, shown on the home page and in their respective product categories, as described in the relevant information cards contained in the Site.

By placing an order on the website, which has the value of a contract proposal, the Customer acknowledges and declares that he has read all the instructions provided during the purchase procedure and he fully accepts the General Conditions of Sale.

The successful correct reception of the customer purchase proposal is confirmed by TITALY with an automatic response: "Order Confirmation" sent to the email address supplied by the customer and confirms the correct receipt of the proposal within the information systems. The message "Order Confirmation" is a contract acceptance and it is binding on both parties.

In the order confirmation an "Order Number" will be given to be used in any subsequent communication with TITALY. The message will again present, in addition to the law required information, all the data entered by the customer who agrees to verify their correctness and communicate any corrections as well as a reference to the General Sale Conditions. Possible rise in costs caused by errors in not promptly reported data, will be at the customer’s own charge.

4. Product Availability

TITALY is fully committed in ensuring the products availability. However, in the unlikely event that a product listed as available results rather run out, the customer will be promptly notified via e -mail, so that he can decide either to wait for the product availability, or delete the order made in whole or in part, deleting from the order the items no longer available in stock.

In the event that the unavailability of the product is due to a permanent supplier interruption in production, TITALY will suggest the customer with a product of equivalent quality and price. In case of refusal by the Customer, TITALY will reimburse the unavailable product .

In the event that an order includes both items with immediate availability and currently not available, the order will be processed only once and within 7 working days anyway. 

5. Order Fulfilment

All purchase orders submitted by Customers on the web site (see Procedure for purchase) and paid before 5:00 pm, will be processed and shipped the next working day, made exception for orders containing one or more products currently not available (see Products Availability).

All purchase orders submitted on the web site (see Procedure for purchase) and paid by 5:00 pm, will be processed and shipped by the next second business day, with the exception for orders containing one or more 'products currently not available (see Products Availability).

All purchase orders submitted by Customers on the web site (see purchase procedure) and paid over the week end or bank holidays will be processed and shipped by the next second business day, with the exception for Orders containing one or more products currently not available (see Availability' of the Products).

In the event that the customer chooses the option of payment by bank transfer (see Payment Method), the process of order fulfilment will start only once received from the Customer the CRO number (or reference number confirming the transfer made) and the related order references on the info@titaly.it email address. 

6. Prices

TITALY product prices are clearly indicated on the website and are inclusive of VAT. To the product prices will be added shipping costs, the amount varies depending on the amount and weight of products purchased. Price and availability details listed on TITALY web site are subject to change with no notice, however any payment is related to the price stated in the order. In the event that a price has been published incorrectly for mistake, TITALY reserves the right to waive the sale. 

7. Payment Method

The Customer will be able to pay for Products and shipping expenses by credit card, PayPal, bank transfer and prepaid cards.

  • Credit Card

Accepted credit cards are:

Visa / Visa Electron

Mastercard / Maestro

For their own maximum safety, the customer will make the payment transaction directly on the secure server of the bank.

The web site does not store the customer credit card number, but thanks to the secure communication system of the bank referred, from the second purchase, the customer who desires will be able to proceed with purchase with no need to re-enter information. The referred bank uses SSL to encrypt data transmitted between her server and the customer browser.

  • PayPal

Once confirmed the order, the customer will be redirected to PayPal's web site where enabled to make the payment via bank account or using a card, also prepaid, according to the PayPal procedures and in compliance with related conditions.

PayPal Membership is free and its usage does not involve any cost. PayPal allows you to send secure payments (all transactions are encrypted and monitored 24/7) with a single click, and not sharing your bank details with merchants. Thanks to this choice, the customer credit card details remain to be acquainted with PayPal and are neither disclosed to TITALY nor to third parties.

  • Wire Bank transfer

The customer will have to make the transfer within 3 days from the order date. Should this not happen the order will be cancelled and the goods made available again for purchase by other customers. The customer who has failed to make the transfer will be contacted by Customer Service in order to clarify whether the cause of the credit failure may be attributed to the will of the customer not to confirm the purchase, or other causes.

Wire transfer details:

c/c: 000003604766

IBAN : IT05J0301503200000003604766

BIC/SWIFT : UNCRITMM

Banca : FINECO BANK

Reason: date and order number found in the confirmation email (eg."01.01.14 Order no. 100 012 345") must be specified in the transfer subject by the customer.

We would like to point out that, in the event that TITALY has suspicions of fraud related to a specific payment, it may be cancelled without notice.

8. Invoicing Orders

If the purchase is placed by a professional or by another company, the invoice can be requested by selecting the appropriate box during the order process entering your billing details inclusive of tax code and/or VAT number . In this case, the invoice will be sent via email to the address indicated. The professional is responsible for the correct entry of billing information and is expressly informed that in case of failure to request the invoice when ordering, you can request it later.

9. Delivery

The Products purchased on the web site will be delivered to the address provided by the customer during the purchase process in the field "Delivery Details".

All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, bank holidays excluded. TITALY is not responsible for unpredictable delays, or not attributable to it.

Once shipped the products, the customer will receive a confirmation email that will include a link to refer to the shipment tracking number.

Except for a different customer’s provision, shipments are not covered by insurance against risks from transportation.

The customer has the obligation to verify the amount, the state of the goods and its weight at the time of delivery by the courier. In case of anomalies such loss, damage and/or tampering, the customer is required to report them to the courier writing the words: "Withdrawn subject to control" on the delivery note which must be signed for pickup; otherwise the shipment is considered correctly delivered.

10. Return Policy

A.  Under Article. 5 LD. No 206/05, if the customer is a consumer (i.e. a person who buys goods for purposes not related to his professional activity, or does place the order not referring to VAT in the order form), has right to end the contract for any reason, with no penalty within 14 working days from the goods delivery with exception as described in paragraph F.
B.  The goods must be returned to the address that TITALY SRLs will provide to the customer during the ‘withdrawal right’ acceptance stage, exercised by the customer within 14 working days from the the products delivery.
C.  Once accepted the return, TITALY will inform the customer who will return the goods at his own expense at the address indicated by TITALY.
D.  We will not accept return shipments without our return authorization reference .
E.  The right of withdrawal is subject to the following conditions:

  1. Products purchased must be substantially intact.

  2. The products must be returned intact and in original packaging, complete in all its parts (including packaging and documentation); to limit damage to the original package, it is mandatory to place the product subject to withdrawal in another box. Please do enclose on the other box the RAC number (return authorization code) issued by TITALY. It is strictly forbidden at all times attaching labels or sellotape directly on the original packaging of the product subject to return.

  3. Shipping charges related to return are on the customer.

  4. The shipment, till the items have been delivered in our warehouse, is under the customer responsibility.

  5. If the goods are damaged during transport, TITALY will inform the customer (within 7 working days from goods delivery to their werehouses), to enable the customer to raise a complaint against the carrier chosen and to obtain the value of the property refunded (if insured). In this case, the product will be made available to the client for return, at the same time cancelling the return request.

  6. TITALY is not responsible in any way for damage or theft / loss of goods returned via uninsured shipments.

F.    TITALY will refund the customer the full amount paid, within 14 days from the return delivery date, by bank transfer. In this case, the Buyer shall promptly provide his bank account details in order to obtain refund (IBAN).

G.   The return right is lost for lack of the essential integrity of the good (the packaging and / or its contents), or in case TITALY would verify:

  1. Failure in enclosing the authorization form (RMA) issued by TITALY on the outside of the package dispached;   

  2. Lack of external and / or internal packaging; 

  3. Products must be returned in a single shipment and TITALY reserves the right not to accept products from the same order returned and delivered at different times;

  4. The products arrived in warehouse will be examined to assess any damage or tampering (the essential integrity of the goods returned is an essential condition for the exercise of the return right).

H.   In the case of Return Right loss, TITALY - if specifically requested by the customer – will return to sender the purchased product in the state in which they were received by TITALY, charging him for shipping. Otherwise, TITALY can keep the products in addition to the amount already paid for their purchase.

I.     The right of return for trades concluded on line cannot be exercised by the customer in the following cases:

  1. For the provision of services whose performance has begun, with the consumer's agreement, before the expiry of the period of seven days.

  2. For the supply of goods or services whose price is dependent on fluctuations in the financial market that the supplier is not able to control.

  3. For the supply of goods customised or clearly personalised or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.             

  4. The supply of goods customised or clearly personalised.

  5. The supply of goods which are liable to deteriorate or expire rapidly.

  6. The supply of sealed goods which are not suitable to be returned for hygiene reasons or related to the protection of health and were unsealed after delivery.  

  7. The supply of goods which, after delivery, according to their nature, are found mixed with other goods.

  8. The supply of alcoholic beverages, which price has been agreed upon conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.  

11. Returns

The customer is required to notify via email to info@TITALY.it any complaint not later than two days from its receipt. Any possible return of goods because they do not comply with the order, previously authorized and agreed with TITALY, must arrive at our warehouse in their original packing within 10 days after delivery; shipping costs and packaging for the return shipment are charged to the customer, while the non-conforming goods will be replaced, sent back and paid by TITALY or refunded, if exhausted.

If the customer decides to make use of his receding right, TITALY is in a position not to accept the return of products that have been altered from their original status or have been damaged or partially consumed.

12. Warranty and faults of conformity

In case of lack of conformity of Products sold by TITALY the Customer shall immediately contact the customer service team using the contact form available on the website through the tab "Contact us".

The sale of the Products is subject to the legal guarantees provided for in the 129, 130 and 132 Articles of the Consumer Code. The customer has the right, at his choice and provided that the typology of the product makes it possible, to the restoration, with no charge, of the conformity of the product by repairing or replacing it, or to a suitable price reduction or to the cancellation of the contract.

The customer forfeits these rights unless he reports to TITALY the lack of conformity within the period of two months from the date on which he discovered the fault, except for a product which is perishable by its nature or subject to maturity in a shorter time, in which case the fault must be reported within that reduced period.

13. Errors and limitations of responsibility

The information related to the Products provided through the Website are constantly updated. However it is not possible to guarantee the complete absence of errors of which TITALY therefore cannot be held responsible, except in case of malice or serious fault.

TITALY reserves the right to correct any errors, inaccuracies or omissions even after an order has been sent, or to change or update the information at any time with no prior communication, without prejudice to the Customer’s rights according to these Terms and Conditions and to the Consumption Code

Except in case of malice or serious wrong, the Customer is not entitled to any compensation for damages or to the recognition of an indemnity, or to any contractual or extra-contractual responsibility for direct or indirect damages to persons and/ or property, caused by the lack of acceptance or even partial execution of an order.

TITALY promotes the responsible consumption of alcohol and excludes any responsibility on its own, except for malice or serious wrong, in the case of a purchase made by boys under 16 years.

14. Complaints

Any possible complaint must be forwarded to TITALY using the proper contact form directly available on the Website via the tab "Contact us", or by calling no.+39 3357386782 (Mon - Fri 9:00 to 5:00 p.m., excluding public holidays) or by email to info@TITALY.it.
TITALY will answer all requests received within a maximum of 7 working days.

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According to the Civil Code 1341 Article, the Customer declares he has read and accepts the following articles of these General Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – Disclaimers of responsibility).