Terms of sale
Object
1.1 These General Conditions of Sale have as their object the sale of products carried out online via the e-commerce service on the Timmuz Clothing website (hereinafter the Website).
1.2 The products sold on the website can be purchased and delivered exclusively in the countries indicated in the Order Form. Any orders for shipments to be made outside of these countries will be automatically rejected during the order processing procedure.
Subjects
2.1 The products are sold directly by Tommaso De Vecchis in the guise of Timmuz Clothing with registered office in Italy, in CERMENATE, VICOLO BUSA 12 (CO), VAT number 03773600139 (hereinafter Timmuz Clothing or Seller). For any information request, you can contact the Seller by email at the following address: info@timmuzclothing.com
2.2 These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on the site and do not govern, however, the provision of services or the sale of products by parties other than the Seller who are present on the site via links, banners or other hypertext links. Before placing orders and purchasing products and services from parties other than the Seller, we suggest checking their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller.
2.3 The products are sold to the Customer identified by the data entered when completing and sending the order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the site are aimed at adult customers. If the Customer is under 18 years of age, in order to purchase on the site, he or she must first have the consent of one of his or her parents or legal guardian. By placing an order through this Site, the Customer guarantees that he or she is of legal age (18 years of age) and has the legal capacity to enter into binding contracts.
2.5 The Customer is prohibited from entering false and/or invented and/or fictitious names in the online order procedure and in further communications. The Seller reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
2.6 Furthermore, by accepting these Conditions of Sale, the Customer exempts the Seller from any liability arising from the issuing of incorrect tax documents due to errors relating to the data provided by the Customer when placing the order online, the Customer being solely responsible for their correct insertion.
Sale via e-commerce service
3.1 An online sales contract means a distance contract for the sale of movable goods (hereinafter Products) stipulated between the Customer and Timmuz, as Seller, within an e-commerce service organized by the Seller who, for this purpose, uses the remote communication technology called Internet.
3.2 To conclude the purchase contract for one or more Products, the Customer must fill out the order form in electronic format (hereinafter Order) and send it to the Seller via the Internet following the relevant instructions.
3.3 The Order contains:
– a reference to these General Conditions of Sale, containing the methods and times for returning the Products purchased and the conditions for exercising the right of withdrawal by the Customer;
– information and/or images of each Product and the relative price;
– the means of payment that the Customer may use;
– the delivery methods of the purchased Products and the related shipping and delivery costs;
3.4 Although Timmuz constantly adopts measures to ensure that the photographs shown on the site are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize inaccuracies, some variations are always possible due to the technical characteristics and color resolution characteristics of the computer used by the Customer. Consequently, the Seller will not be liable for any inadequacy of the graphic representations of products shown on the site if due to the aforementioned technical reasons, since such representations have a merely illustrative function.
3.5 Before concluding the contract, the Customer will be asked to confirm that he has read the General Conditions of Sale including the Information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives the Order Form from the Customer via the Internet, after verifying the correctness of the data relating to the order.
3.7 The language available to conclude the contract with the Seller is the one chosen by the Customer, in any case the applicable law is Italian.
3.8 Once the contract is concluded, the Seller will take charge of the Customer’s Order for its fulfillment.
Order Processing
4.1 By transmitting the Order via the Internet, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these General Conditions of Sale.
4.2 Once the contract has been concluded, the Seller will send the Customer, by email, an Order Confirmation, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The Seller reserves the right, before sending the Order Confirmation, to request by email or telephone from the indicated Customer, further information with reference to the Order sent via the Internet.
4.4 The Seller may not process the Customer’s purchase orders that do not provide sufficient guarantees of solvency or that are incomplete or incorrect or in the event of unavailability of the products. In these cases, the Seller will inform the Customer by email that the contract has not been concluded and that the Seller has not followed up on the Customer’s Order, specifying the reasons. In this case, the sum previously committed to the Customer’s payment method will be released.
4.5 If the products presented on the site are no longer available or on sale after the Order has been sent, the Seller will promptly inform the Customer, and in any case within thirty (30) working days from the day after the day on which the order was sent to the Seller, of the possible unavailability of the Products ordered. In this case, the amount previously charged to the Customer’s payment method will be refunded.
4.6 Each sale made by the Seller through the online sales service may concern one or more products, with no limit on the quantity for each item.
4.7 The Seller reserves the right to refuse orders from a Customer with whom there is an ongoing legal dispute relating to a previous order. This applies equally to all cases in which the Seller deems the Customer unsuitable, including, by way of example, the case of previous violations of the conditions of the contract for online purchases on the site or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
Sale prices
5.1 Unless otherwise specified in writing, all prices of the Products and shipping and delivery costs indicated on the site and in the Order are to be considered VAT included and expressed in Euros. The validity of the prices indicated is always and only that indicated by the Site at the time of transmission of the Order via the Internet. The prices of the Products and shipping and delivery costs may vary without prior notice. The Customer must therefore ascertain the final sale price before sending the relevant Order.
5.2 All Products are shipped directly from Italy. The prices of the Products and shipping and delivery costs indicated on the site and in the Order, unless otherwise specified, are to be considered not inclusive of any costs connected to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where the current legislation provides for import charges.
5.3 These costs are therefore borne by the Customer and must be paid directly upon delivery of the Products, according to the instructions specified in the Order Confirmation.
Payment methods
To pay the price of the Products and the related shipping and delivery costs, you can follow one of the methods indicated in the order form on the site, which are summarised below.
6.1 Payment with credit cards and prepaid cards (provided they are enabled by the bank or the Paypal circuit)
6.1.1 For online orders on the site, the Seller accepts both payments by credit card and prepaid cards (provided they are enabled by the bank or the Paypal circuit) without any additional charge on the cost of the Product and shipping. It is understood that the Customer must be the holder of a valid credit card at the time of ordering the Products purchased online and that the name on the credit card must be the same as that indicated on the billing information. In the absence of these conditions, it will not be possible to proceed with the order.
6.1.2 At the time of online purchase, at the same time as the Order Confirmation, the amount relating to the Order will be charged to the Customer’s credit card. The amount will therefore be effectively charged to the Customer’s credit card at the time the Order is sent to the Seller.
6.1.3 If, once the package containing the ordered Products has been received, for any reason the Customer intends to exercise the Right of Withdrawal, following the payment of the Products purchased online, the Seller will instruct the amount to be refunded to be credited directly to the credit card previously used for payment.
6.2 Paypal
6.2.1 If the Customer has a Paypal account, the Seller gives the possibility of making payments directly using the email and password with which he/she registered on www.paypal.com.
6.3 At no time during the purchase procedure is the Seller able to know the information relating to the credit card (for example, the credit card number or its expiration date), transmitted via a connection protected by an encrypted protocol directly to the site of the entity that manages the electronic payment (bank or Paypal). No computer archive of the Seller will store such data.
6.4 Under no circumstances can the Seller be held responsible for any fraudulent or improper use of credit and prepaid cards by third parties.
Shipping and delivery of products
7.1 Each shipment contains:
– the Product(s) ordered;
– any accompanying documentation required based on the country of shipment
– any information and marketing material.
7.2 The delivery of the Products purchased through the Seller’s Site can take place in different ways.
7.3 Home delivery to the Customer. The Customer is responsible for the accuracy of the shipping address indicated during the order.
7.3.1 The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order. For additional information on costs, times and shipping methods and countries served, the Seller refers to the Shipping section.
7.3.2 Upon receipt of the goods at their home, the Customer is required to check the integrity of the packages at the time of delivery by the courier. In case of anomalies, the Customer must have them noted and noted exactly by the courier and reject the delivery. Otherwise, the possibility of asserting one’s rights in this regard will lapse.
7.3.3 Failure to collect the goods at the end or an incorrect or non-existent delivery address will result in the cancellation of the order by the Seller and the refund of the entire sum previously paid net of the transport costs incurred (both outward and return) and any additional costs incurred for the storage of the package at the Courier. The refund will be made to the Customer’s credit card or Paypal account depending on the payment system selected during the online purchase.
7.4 Delivery to an affiliated point of sale and collection by the Customer.
7.4.1 Only if this option is specifically provided for during the purchase phase, the Products purchased may be delivered by the Seller to the Customer at an affiliated point of sale that the Customer can select at the time of the Order. The Seller refers to the Shipping section for additional information on costs, times and methods of shipping and countries served.
7.4.2 Upon delivery of the products purchased with delivery to the point of sale, the Customer will receive a notification message via SMS and/or email and from that moment will have up to 5 working days to collect the Products of the Order according to the methods described in the Order Confirmation.
7.4.3 Failure to collect at the end of this period will result in the cancellation of the order by the Seller and the refund of the entire sum previously paid net of the transport costs incurred (both outward and return) and any additional costs incurred for the storage of the package at the Courier. The refund will be made to the Customer’s credit card or Paypal account depending on the payment system selected during the online purchase.
Right of withdrawal
8.1 Only if the Customer who signs the contract is a Consumer (this definition means any natural person who acts on the site for purposes other than any entrepreneurial or professional activity carried out), will he/she have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) working days, starting from the day of receipt of the products purchased on the site.
8.2 To exercise the right of withdrawal, the Customer must send an email to info@timmuzclothing.com within fourteen (14) working days starting from the day of receipt of the Products, specifying the Order No. and the item code(s) for which he/she intends to exercise the right of withdrawal.
8.3 After receiving the email referred to in the previous article, the Customer will receive all the instructions for returning the Product(s).
8.4 The right of withdrawal is subject to the following conditions:
– the returned Products must be returned in their entirety and not parts or components of them, even in the case of kits;
– the returned Products must not have been used, worn, washed or damaged;
– the returned Products must be returned in their original undamaged packaging;
– the returned Products must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products from the same Order returned and shipped at different times;
– the returned Products must be delivered to the courier within fourteen (14) working days from the date on which you received the products (the delivery date declared by the Courier is valid);
– in cases where the Seller, in exchange for the purchase of a specific package of Products, offers the possibility of purchasing them at a lower price than that which would normally be charged when purchasing them individually (e.g. 5×4, 3×2 etc.), the right of withdrawal may also be exercised by returning only some of the purchased products: in this case the price will be recalculated taking as a reference the price normally charged for the purchase of the single product. In all other cases (e.g. combined sales, prize operations etc. etc.) the right of withdrawal may only be exercised by returning all the Products purchased, thus excluding any partial exclusion.
8.5 If the right of withdrawal is exercised by the Customer in accordance with the previous conditions (paragraph 8.4), the Seller is required to refund the sums paid by the Customer within and no later than 30 days from receipt by the Seller of the returned products.
8.5.1 Normally, the Seller will re-credit the amount initially withdrawn very quickly, but the time frame in which the re-credit will actually be visible to the Customer will depend on his bank, credit card institution or Paypal. In the case of payment of the order by cash on delivery, it will be the Customer’s responsibility to indicate which method he prefers to use for the refund, choosing between Paypal account and Bank Transfer.
8.6 In the event of a return, the only costs borne by the Customer will be the initial shipping costs for the order of the purchased products.
8.7 The Seller undertakes to also cover the initial shipping costs for the Products exclusively in the event of damage to the Products due to transport or errors in shipping by the Seller. Only in these cases, the Seller will also refund the amount that the Customer has paid for shipping costs. The Seller will send an express courier to collect the Product from the address indicated by the Customer.
8.7.1 For the return, the Customer must use exclusively the Courier indicated by the Seller in the return instructions: in this way, the Customer will not have to personally pay the costs for returning the purchased products because such payment will be made, on his behalf, directly by the Seller. Subsequently, the Seller, with the exception of the provisions of the previous point 8.7 and for the cases of returns due to a defect in the product, will withhold from the refund due to the Customer a lump sum equal to the cost previously incurred for shipping and delivery to the Customer’s home of the purchased products or the shipping costs normally envisaged for the country of delivery. Furthermore, from the moment of returning the purchased products to the carrier indicated by the Seller in the online return form, the Seller exempts the Customer from any liability in the event of loss or damage to the products during transport.
8.7.2 If the option to deliver the products to one of the affiliated points of sale was made available at the time of completing the online return form, the Customer may return the Products directly to the affiliated point of sale of the Seller. In this case, in addition to the price paid for the purchase, the shipping costs previously incurred for the delivery of the purchased Products will be refunded to the Customer. From the moment the products are returned to the point of sale, the Seller exempts the Customer from any liability in the event of any loss or damage to the same during transport.
8.8 In the event of exercising the right of withdrawal, the Seller will provide the corresponding refund, within 30 days from the date of receipt by the same of the Products returned according to the methods indicated above, by crediting the amount to be refunded with the same payment methods chosen by the Customer at the time of the Order.
8.9 In the event of exercising the right of withdrawal without respecting the methods indicated above (e.g. beyond the 14 days provided for by law, or without having followed the instructions for the return), the Seller will send the purchased Products back to the Customer, also charging him/her for the additional shipping costs.
8.10 The Right of withdrawal cannot be applied in the case of products customized at the explicit request of the Customer at the time of placing the Order.
Warranty of non-compliant products
9.1 The Seller is responsible for any defect in the products offered on the site, including non-conformity of the items to the products ordered, pursuant to the provisions of Italian law.
9.2 If the Customer has entered into the contract as a Consumer (this definition means any natural person who acts on the site for purposes other than any entrepreneurial or professional activity carried out), this warranty is valid provided that both of the following conditions are met:
a) the defect occurs within 24 months from the date of delivery of the products;
b) the Customer submits a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
c) the return procedure is correctly followed.
9.3 In particular, in the event of non-conformity, the Customer who has entered into the contract as a Consumer will have the right, at the Seller’s discretion, to obtain the restoration of the conformity of the products without charge, through repair or replacement, or to obtain an appropriate price reduction or the termination of the contract relating to the disputed goods and the consequent refund of the price.
9.4 All return costs for defective products will be borne by the Seller.
Contacts
For any information request you can contact us by email at info@timmuzclothing.com
Communications to the Customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and in any case any documentation on the operations carried out, relating to the purchase of the Products, will be sent to the email address indicated at the time of registration, with the possibility of downloading the information on a durable medium in the ways and within the limits established by the Site.
Privacy
Information regarding data processing is available in the Privacy Policy section.
Applicable law, dispute resolution and competent court
13.1 These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it, without prejudice to any different prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to the same must be resolved exclusively by the Italian judicial authority. In particular, if the Customer is a Consumer, any disputes must be resolved by the court of the place of domicile or residence of the same in accordance with the applicable law or, at the consumer’s choice in the event of action taken by the consumer himself, by the Court of Bologna. If the Customer acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, the parties consensually establish the exclusive jurisdiction of the Court of Bologna.
Modification and update
The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be required to accept exclusively the General Conditions of Sale in force at the time of the relevant purchase. The new General Conditions of Sale will be effective from the date of publication on the Site and in relation to purchase orders submitted after that date.
