Terms of Sale
These general conditions of sale (hereinafter COS) apply to any consultation or order placed on the website www.torricellastore.it and www.torricellastore.com and connected addresses. The conditions contained in this document may be modified, without prior notice and will be valid from the date of publication on the website. Before each purchase, it is advisable to read the entire document carefully.
Pursuant to and for the purposes of articles. 7 and 12 of Legislative Decree 9 April 2003, n. 70 the following information is available: the service provider is the company Torricella Ettorino srl (henceforth also only the "Company" with registered office in Milan, Corso Lodi 65, and registered with the Chamber of Commerce of Milan with n. REA 1958155 and VAT number IT 07415120968. Torricella Ettorino s.r.l. it carries out its sales activity on the site through the Torricella Store brand.
Field of application:
1.1 These COS is apply to all sales made by Torricella Store on the website www.torricellastore.it, www.torricellastore.com and connected addresses.
1.2 The confirmation of the order by the purchaser involves the acceptance without reservation of the present general sales conditions which prevail over all previous versions except for possible exceptions specifically agreed in writing between the parties.
1.3 Any general conditions of the purchaser will not be applied to relations between the parties unless expressly accepted in writing by the Company; in this case the written exemption will not exclude the effectiveness of the present COS with which it must coordinate.
1.4 The COS may be modified at any time, without prejudice to the right of withdrawal by the user referred to in point 1.6. Any changes and / or new conditions will be effective from the moment they are published in the "Terms of Sale" section of the www.torricellastore.it website.
1.5 The applicable CDVs are those in force on the date on which the purchase order is sent by the user.
1.6 If one or more clauses of the present CDV are considered void or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other clauses will be considered valid and binding for the parties.
2.1 Before making any purchase it is necessary to register by creating an account on the Torricella Store site, by clicking on the "Register" button on the home page of the site and accepting the present COS. Failure to accept the COSs makes it impossible to register on the site and make purchases on www.torricellastore.it and www.torricellastore.com.
2.2 Registration on the site is free. To register, the user must complete the registration form, entering the name, surname, telephone number, an e-mail address and a password. Registration is confirmed by e-mail sent to the address provided by the user with a welcome message in the Torricella Store Community.
2.3 The credentials can be modified by the user at any time by accessing the site in the "My data" section.
2.4 It is possible to make a single registration for each user.
2.5 The user may at any time cancel his registration on the site by sending an e-mail to the address firstname.lastname@example.org
3. Orders and purchase contract
- Credit card: VISA, MASTERCARD and American Express
- Paypal: Paypal does not involve any additional cost for the customer and allows you to protect your credit card information thanks to innovative security and fraud prevention systems. When the user uses PayPal, his financial information is never communicated to the merchant
- Bank Transfer: the order will be processed upon receipt of payment. In case of non-receipt of the transfer within 10 days from the confirmation of the order by the buyer, the order will be considered void
4. Price products
4.2 The special offers and promotions eventually offered by Torricella Store on the Website are not retroactive and apply only to orders received starting from the specified date and by the end of promotion date indicated. In all cases (promotions, discounts, special offers, vouchers and the like), unless otherwise specified, the discount is always to be considered "net" of other discounts or promotions and the like and therefore cannot be combined with them. If you have a discount this can not be combined with free shipping.
4.3 The price of the product is the one indicated in the purchase order.
5. Transportation and delivery
5.2 Delivery times are those indicated in the "Shipping" section on the home page of the site; the times are indicative and not binding.
5.3 Upon delivery of the products to the carrier, the user will be sent a confirmation email with the "tracking code" in order to monitor the package containing the products sent. Deliveries will be made from Monday to Friday during normal business hours.
5.4 In the event of impediments to delivery due to force majeure and therefore delayed delivery time, Torricella Store will inform the user. However, the company cannot be held responsible for any delays due to third parties or force majeure.
5.5 In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. In support of the left paper notice, the recipient, if absent, will also be notified via text message or e-mail. After two unsuccessful delivery attempts, the package will be stored and the Torricella Store Customer Service will contact the user in order to arrange for delivery. If this attempt also fails, the package will be returned to the Torricella Sore warehouses. After 20 days from delivery of the package, the contract will be terminated pursuant to art. 1456 of the Civil Code and Torricella Store will refund the amount paid, net of transport costs, storage costs and package delivery costs. The sum will be credited back to the payment method chosen by the user. Should the user re-contact the Torricella Store before 20 days, a new shipment will be made upon payment of the same together with the storage costs and the cost of returning the goods.
5.6 It is up to the recipient to check the conditions of the delivered product. In the event that the packaging shows obvious signs of tampering or alteration, the user will have to challenge it to the courier employee and also promptly notify the Torricella Store Customer Service in writing.In the event that the packaging shows obvious signs of tampering or alteration, the buyer must:
6. Product warranty
6.3 In case of lack of conformity of the products purchased with respect to the description published on the site, the user has the right to repair or replace the product, without any additional cost, where this is possible in relation to the number of units still available for sale and unless the replacement or repair is not excessively burdensome for the seller in consideration of the value that the goods would have, if there were no lack of conformity, and the extent of such defect. Alternatively, the user has the right to terminate the contract or reduce the price, in accordance with current regulations.
6.4 The consumer has the right to avail himself of the legal guarantee of conformity and commercial guarantees for consumer goods provided for in articles 128 et seq. of the Consumer Code. Based on these provisions, the consumer, under penalty of forfeiture, is obliged to report any lack of conformity, found in the product purchased, within two months from the discovery of the same defect. The consumer's action aimed at asserting defects not maliciously concealed by the seller is, in any case, within twenty-six months of delivery of the product (s).Following the non-compliance report, the consumer will have the right to request the repair or replacement of the product (s), it being understood that the Company will be liable only for the lack of conformity which becomes apparent within two years from the delivery of the product / s. Beyond this term, the Company, therefore, will not be responsible for the lack of conformity of the product (s) found by the consumer. In case of replacement or repair of the product (s), the terms of the warranty of the product given in replacement or resulting from the repair, are the same as the original product, consequently, the two-year total duration of the legal guarantee will in any case start from the delivery of the original product . In order to take advantage of the guarantee it is however necessary to attach the purchase document to the request.
6.5 To the professional customer, not consumer, as defined in the art. 3 of the Consumer Code, only the legal guarantee provided for by the articles 1490 and following of the civil code, with the obligation, under penalty of forfeiture, to report to the Company any lack of conformity (defect) found within eight days of discovery. The aforementioned guarantee operates exclusively for a maximum period of twelve months from the delivery of the product (s).
7. Withdrawal and return rights
7.1 The customer (also referred to as the "consumer" pursuant to Article 3 of the Consumer Code) is entitled to the rights referred to in art. 52 et seq. of the Consumer Code, as amended by Legislative Decree of February 21, 2014 n. 21 and, therefore, will have the right to withdraw from the purchase contract (hereinafter "withdrawal") without having to provide any reasons and without incurring costs, with the exception of those relating to the cost of returning the goods. The methods and timing of the exercise of the right of withdrawal are as follows.
7.2. The withdrawal may concern all or only part of the products purchased. The withdrawal must be exercised within 7 days from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the product (s).In the case of a contract relating to multiple goods ordered by the consumer in a single order and delivered separately, the 7 days run from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the last good.In the case of a contract that provides for the periodic delivery of products during a specific period of time, the 10 days start from the day on which the consumer or a third party other than the carrier and designated by the consumer acquires physical possession of the first good.
7.3 The withdrawal must be exercised by sending, within 7 days indicated above, a notice of withdrawal to be sent by email to the e-mail address email@example.com. The user can use, but it is not obligatory, the special form present in the reserved area in the section "my orders". In any case, in the withdrawal notice, the consumer is obliged to indicate the intention to withdraw from the purchase and the product or products for which he exercises the right of withdrawal. Upon receipt of the withdrawal notice, the Company will send confirmation to the consumer.
7.4 The return of the product (s) must take place within 7 days from the date on which the Consumer communicated his decision to withdraw from the purchase contract. This term is considered to be respected if the consumer returns or returns the product (s) object of the withdrawal before the expiry of the 7 days, the transport costs relating to the same return being borne by the consumer. The product (s) to be returned must be intact (s) and in normal condition, inserted in the original purchase package with the original packaging including, if present, cellophane cover. The costs and risks associated with returning the products are in this case borne by the customer.
7.5 If the product is equipped with cellophane for coverage, for hygienic reasons, the product (s) will not be able to be returned by the consumer once opened by the packaging cellophane, not operating for the consumer, otherwise of cellophane opening, the right of withdrawal, as established by art. 59, first paragraph, lett. e) of Legislative Decree of February 21, 2014 n. 21.
7.6 If the withdrawal has been properly exercised, the Company will reimburse the consumer as already paid, but not the delivery costs, within 10 days from the day on which he received notice of the consumer's decision to withdraw from the purchase contract. The sum will be reimbursed with the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and on condition that the consumer does not have to bear any cost as a result of the refund. Please note that the consumer is responsible for the decrease in the value of the products resulting from the handling of goods other than those necessary to establish the nature, characteristics and functioning of the products themselves.
7.7 The application of the aforementioned procedure is excluded to subjects that cannot be classified as consumers, ie those who act for purposes related to their professional activity, that is, those who place an order indicating the VAT number for the invoice.
7.8 This right is not applicable to products manufactured according to the buyer's specifications, to customized products or which, due to their nature, cannot be returned.
8. Obligations and responsibilities
8.1 In no event shall Torricella Store be held responsible for the breach of any of the obligations deriving from these General Conditions in the event that the breach is caused by unforeseeable circumstances and / or force majeure.
8.2 Torricella Store undertakes to correct all the errors present in the description of the products offered on the Site, in the shortest possible time, starting from the reporting of the same. The reporting of these errors can be made by contacting Customer Service at firstname.lastname@example.org
8.3 Torricella Store is not responsible in case of damages, of any nature, deriving from the use of the product in an improper way and / or not in compliance with the instructions provided by the manufacturer as well as in case of damages deriving from unforeseeable circumstances or force majeure.
9.1 The professional customer who needs the invoice, using the product purchased for professional use, is required to contact the Torricella Store Customer Service within 24 hours of the final validation of the order, by sending an e-mail to email@example.com with the following data necessary for issuing the document:
- order number
- full address
- business name
- Tax code and VAT number
- e-mail address for sending the document
The invoices are issued periodically every month end and sent to the requesting parties, in electronic format by e-mail.
10. Normative references
10.1 These contractual conditions have been drawn up in compliance with the provisions of law of Legislative Decree 206/2005 and subsequent amendments, relating to the protection of consumers in respect of distance contracts.
11. Applicable law and competent court
11.1 These sales conditions and any relationship between the parties is subject to Italian law; any contractual relationship is intended to be stipulated in Italy.
11.2 The exclusive competent Court for the resolution of disputes between buyers and Torricella Store, referring to orders transmitted on the Site, is that of Milan. In the event that the buyer is a consumer, the holes referred to in the provisions of Legislative Decree 206/2005 and subsequent amendments will also be applied