1.2 TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Customer")(the Seller and the Customer shall be referred to jointly as the "Parties").
1.3 The Owner is not a party of these general terms and conditions of sale, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the Products available on the Site and holder of all copyrights relating to the Site and its contents.
1.4 Any communication by the Customer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent using the Contact Us form.
1.5 All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Customer.
1.6 The Site deals in retail sales and as such is designed for the exclusive use by Customers only. It follows that only Customers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Customer, these general terms and conditions of sale shall be applicable but, in derogation of what foreseen by the same:
b) the Product warranty referred to in article 8 shall not apply to the buyer
c) no other provisions foreseen in favour of the Customer which reflect or comply with binding provisions of the law shall apply to the buyer;
d) the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
1.8 Customers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Customer declares compliance with such requirements.
1.9 The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same.
2.2 The Supplier reserves the right to amend all or part of these general terms and conditions of sale at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site and will only apply to sales concluded from that date onwards.
2.3 Sales prices, the Products sold on the Site and/or the characteristics of the same, are subject to change without notice. The Customer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.
2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
3.2 The purchase order submitted by the Customer to the Seller via the Site shall be a valid contractual offer and is subject to these General Terms and Conditions of sale, which form an integral part of said order; by placing an order with the Seller the Customer undertakes to fully accept the same without reservation. Before proceeding with the purchase of theProducts by sending the purchase order, Customers will be asked to read these general terms and conditions of sale carefully, further to the notice concerning withdrawal rights, to print off a copy of the same by clicking on the ‘print’ button and to save or keep a copy of the same for their own records. Customers will also be asked to check and correct any errors in their personal data.
3.3 The Customer's purchase order is accepted by the Seller by sending an e-mail to the Customer confirming the order, to the address provided to the Seller during the Site registration process; the e-mail will include the text of these general sales conditions, a summary of the order placed and a description of the product features. The Customer’s order, the Seller's order confirmation and the general terms and conditions of sale applicable to the contract signed between the Parties will be filed electronically by the Seller’s IT systems and the Customer may request a copy of the same by using the using the Contact Us form.
3.4 Any contract for the purchase of the Products shall be deemed concluded when the Customer receives the order confirmation from the Seller by e-mail.
4.2 In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by using using the Contact Us form.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Customer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Customer is not available, even temporarily, for delivery, the Seller shall notify the Customer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below. If the Customer has chosen bank transfer as payment method, delivery time will run from the receipt of the bank transfer by the Seller.
5.3 The Products ordered by the Customer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Customer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of this contract; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Customer reaches its destination visibly damaged, the Customer is invited to refuse to accept the delivery from the courier or accept the delivery “with rights reserved”.
6.2 Product prices may vary according to specific market price policies and shipping costs. Sales periods and relative discounts may also differ according to the habits and customs of individual markets, in addition to local laws and regulations.
6.3 If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Customer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in his country of residence or destination of the products, the Customer is invited to check with the relevant authorities in his country of residence or destination of Products.
6.4 All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products order under the general terms and conditions of sale are the exclusive responsibility of the Customer.
6.5 The Customer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
7.2 Payments for orders placed on the Site can be made using the payment methods mentioned during the purchase procedure on the Site. Some payment methods may not be used due to the country of sale, type of product purchased and/or delivery or dispatch mode.
7.3 When payment is by credit card, the Customer will be transferred to a secure site and the credit card information will be communicated directly to Global Collect Service BV, with registered office in Amsterdam, Holland, via Platenweg 43-49, 2132 HF Hoofddorp, enrolled with the Amsterdam Business Register no. 34140462, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
7.4 The invoice/tax records relating to the purchase will be sent to the Customer in electronic format, if required by law, to thee-mail address provided by the Customer during the registration process, if the Products are to be delivered to a recipient in the Italian territory, or attached to the purchased Product in paper format, in all other cases.
8.2 For orders placed by any Customers resident outside the European Economic Area, Switzerland and United Kingdom, Seller's obligations under this warranty shall be limited exclusively to repairing or replacing, at Seller's option, any part of Products which, if properly installed, used and maintained, proved to have been defective in material or workmanship within 1 (one) year from the date of delivery.
8.3 The Seller will have no obligations under the warranty if the alleged defect is found to have occurred as a result of any of the following:
b) Electrical supply conditions, including supply spikes, over-voltage/under-voltage and ripple current control systems that are beyond the specified limits of the Products and those set or defined by relevant supply standards for the Product;
c) improper wiring, installation, change of settings or maintenance of Products or any other electrical components such as drivers not performed by (or for) the Owner;
d) Failure to adhere to installation, operating (such as specific tolerance on flux and system power), application, maintenance, or environmental instructions or guidelines prescribed by the Owner or any other document accompanying the Products, or applicable safety, industry and/or electrical standards or codes;
e) Failure to use the Products for the purposes for which these have been designed;
f) Being subject to corrosive environments, excessive wear and tear, neglect, carelessness, accident, abuse, misuse, improper or abnormal use of the Products;
g) Any attempt at repair, alteration or modification not authorized by the Owner in writing;
h) Usage of LED products not taken into account the application instructions concerning potential pollution (VOIC) or cleaning.
8.4 Following receipt of the form and related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service of the Owner and, after carrying out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with an e-mail reply containing the "Return Code", sent to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorisation to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return.The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-conformity, to the address that will be communicated by the Seller.
8.5 In the event of defects or non-conformities, the Consumer will be entitled to have the Product restored to conformity by the Seller, through repair or replacement, or alternative remedies in the cases expressly provided for by the Consumer Code.
8.6 If the Seller has undertaken to reimburse the Consumer for the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate tot he Seller through the Contact Us form the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to be able to return the sum due.
10.2 To exercise the right to withdraw, the Customer shall send a request to the Seller within the indicated deadline via the area Return Request on the website.
10.3 If the Products have not been sent to the Customer, the withdrawal shall be intended as exercised the moment the Seller receives the withdrawal request from the Customer for the entire order.
10.4 If the Products have already been sent to theCustomer, on receiving the request as foreseen in point 10.2, the Seller will send the Returned Products Form via e-mail to the Customer. Within the following 14 days, the Customer is required to return the Products to theSeller, together with the Returned Product Form sending or delivering them to Triboo Digitale c/o TWS, Via Philips, 12 - 20900 Monza (MB) – Italy.
10.5 It is agreed that all shipping risks and costs when returning the Products to the Seller shall be borne by the Customer.
10.6 In order for the withdrawal right to be validly exercised, the Products shall be delivered, or otherwise sent, to the Seller fully intact (with no signs of wear, abrasion, nicks, scratches, deformation, etc.), complete with all parts and accessories (with unaltered labels still attached to the product), accompanied by any instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any failure to observe this requirement means the Customer will forsake his right to a refund. To this purpose, it is highly recommended to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
10.7 The Seller will accept the return of Products, reserving all rights to ensure the same are returned pursuant to the conditions illustrated in par. 10.6.
10.8 If verification of the returned Products satisfies the conditions and the withdrawal right has been validly exercised by the Customer within the foreseen deadline and in the manner described, the Seller will refund the Customer the full amount paid for the purchase of the Products, including shipping costs in the shortest time possible and, in any case, within 14 (fourteen) days. All shipping costs and any additional duties or taxes incurred by the Customer return the Product to the Seller, remain the sole responsibility of the Customer.
10.9 The refund will be made, where possible using the same payment method used by the Customer to purchase the Product, or by bank transfer in favour of the Customer; the Customer shall provide the bank details on the returned products request so the Seller is in a position to refund the relative amount. In the event that the payment was made by credit card, the refund will be made within the indicated time by direct crediting of the amount due to the credit card used by the Customer to pay for the goods. In the event that the payment was made by PayPal, the refund will be made within the indicated time by direct crediting of the amount due to the account used by the Customer to pay for the Products.
11.2 Unless prior specific consent is granted in writing by the Owner, no contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12.2 The Customer is entitled, at any moment in time, to update and/or amend the personal data submitted to the Seller via the “MyAccount” section on the Site, which can be accessed after logging in.
13.2 Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global CollectService NV which adopts technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14.2 In the event of a dispute between the Seller and the Customer, we hereby undertake to attempt to reach an amicable settlement which Customers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3 As an alternative to the settlement proposed in art. 14.2 above, any Customer based in the European Economic Area is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Customer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Customer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
14.4 If no settlement attempt is made, as under section 14.2, or the attempt is not successful, the Court of Milan is assigned exclusive jurisdiction for all such disputes, except where this provision cannot be applied due to binding provisions in force in the Customer's country of residence.