GSTC for ONLINE purchases
Updated on 28 March 2012
1.1. These General Sales Terms and Conditions for online purchases (hereinafter the "GSTC") regulate the contract (hereinafter the "CONTRACT") for the sale of clothing and accessories identified exclusively by the trademark TERRANOVA® (hereinafter the "PRODUCTS") offered by Teddy S.p.a. - with head office in Rimini at Via Coriano 58, GROSRIMINI Blocco 97, 47924, VAT no. 00953910403 (hereinafter "TEDDY") - through its Internet website www.terranovastyle.com (hereinafter the "SITE") to users of the SITE (hereinafter the "CLIENT" or "CLIENTS").
1.2. In these GSTC, the term CLIENT or CLIENTS indicates the "consumer" or "consumers" pursuant to Art. 3, paragraph 1, letter a) of Legislative Decree no. 206 dated 6 September 2005 (hereinafter the "CODE"), namely "a natural person acting for purposes unrelated to his/her entrepreneurial or professional activity, if any".
2. EFFECTIVENESS AND MODIFICATIONS TO THE GSTC
2.1. The GSTC are available on the SITE so that they can be easily read by the CLIENT before registration and before purchasing PRODUCTS. They are deemed to be accepted together with registration and the sending of the purchase order form. They can be memorized on the computer of the CLIENT and reproduced on paper support by printing the file containing them.
2.2. The GSTC applicable to the sale of PRODUCTS are those published on the SITE on the date of the order for PRODUCTS. The CLIENT should therefore read the GSTC each time he/she intends to make a purchase on the SITE.
2.3. The mere tolerance by TEDDY of any breaches by the CLIENT regarding the contents of the GSTC or failure of TEDDY to raise objection to the same may not be interpreted as a tacit acceptance of any such breaches, nor as an intention to suspend the terms previously agreed between the parties.
3. REGISTRATION AND PURCHASING PROCEDURE
3.1. A CLIENT intending to proceed with the purchase of PRODUCTS must indicate this intention by means of registering his/her personal details and a request made directly on the SITE, where by following the purchase procedure indicated therein, the CLIENT will send his/her electronic purchase order (hereinafter the “ORDER”) and the respective payment by computer.
3.2. The order form contains a link to the GSTC and a summary of information regarding the main features of each product ordered and the respective price (inclusive of all applicable taxes and duties), the means of payment chosen, the delivery methods chosen for the products purchased, and shipment and delivery costs. Before sending the ORDER, the CLIENT must carefully read the entire content of the order form, and identify and correct any errors in the data entered.
3.3. The CLIENT may access his/her order form by consulting the "PROFILE" section, and should he/she wish to cancel the ORDER or modify the same by increasing or decreasing the quantity of PRODUCTS previously ordered, or to simply modify it by entering new articles to add to or replace the PRODUCTS ordered, he/she must necessarily send an e-mail to email@example.com, on condition that the respective shipment has not already been confirmed by TEDDY with an e-mail confirming the shipment (hereinafter the “SHIPMENT CONFIRMATION”) as per Art. 3.5 below.
3.4. Once the ORDER has been received, TEDDY will send the CLIENT an e-mail confirming the order (hereinafter the “ORDER CONFIRMATION”), containing a summary of information relating to the sale, and will proceed to fulfil the ORDER, except as envisaged in Art. 3.6 below.
3.5. All orders for the purchase of PRODUCTS are subject to availability of the same, and therefore to confirmation by TEDDY, which will communicate this availability by sending the CLIENT a SHIPMENT CONFIRMATION e-mail.
3.6. In case of failure to fulfil the ORDER due to the unavailability of one of the PRODUCTS ordered, TEDDY will inform the CLIENT by e-mail and will request confirmation of the ORDER from the CLIENT for the purchase of the remaining available PRODUCTS. The unavailability of one or more of the PRODUCTS ordered will not automatically give the CLIENT the right to cancel the entire ORDER.
4. RIGHTS AND OBLIGATIONS OF TEDDY
4.1. TEDDY undertakes to deliver the PRODUCTS to the address and on the terms indicated by the CLIENT in the ORDER. TEDDY will not be responsible for any delivery errors due to the CLIENT indicating inaccurate or incomplete information in the ORDER or the unavailability of the CLIENT. Deliveries will be made by express courier and therefore post office box addresses cannot be accepted.
4.2. In the event of either total or partial return of PRODUCTS on the basis of the right of withdrawal or the legal guarantee, TEDDY, in compliance with the provisions of Arts. 9 and 10 below, will refund only the sums due, as neither exchanges nor replacements are envisaged.
5. RIGHTS AND OBLIGATIONS OF THE CLIENT
5.1. The CLIENT is the sole person responsible for the truthfulness of the data and the correctness of the information given to TEDDY during registration on the SITE, and undertakes to promptly communicate any variations in the data entered.
5.2. During registration and sending of the order, the CLIENT declares having read, understood and accepted the GSTC and the other information on the SITE, including the PRIVACY, being 18 years of age or over and having the legal capacity necessary to act.
5.3. Once the purchase procedure on the SITE has been terminated, the CLIENT undertakes to arrange to both save an electronic copy of the ORDER and the GSTC and to print and keep the same, as indicated in Art. 2.1 above.
6. USE OF THE SITE
6.1. The essential characteristics of the PRODUCTS are presented on the SITE inside each product schedule. The images and colours of the products offered for sale on the SITE may not correspond exactly to the effective ones due to the effect of the Internet browser or the monitor used at the time of connecting to the SITE.
6.2. As they are beyond its control, TEDDY accepts no responsibility with regard to problems the CLIENT may encounter in using the SITE and the technologies it uses, including but not limited to the following: a) any errors, delays or impossibilities in accessing the SITE by the CLIENT while carrying out the sale procedure; b) any errors, delays or impossibilities for the CLIENT to receive communications made by TEDDY in relation to the sale of PRODUCTS.
6.3. In any case, TEDDY undertakes, as far as it is within its possibilities, to solve any problems that may arise and offer the assistance necessary to the CLIENT in order to obtain a fast and satisfactory solution to the above problems.
7. PRICES AND PAYMENTS
7.1. PRODUCT prices are those effectively displayed on the SITE at the moment when the CLIENT places the ORDER, and unless otherwise specified are inclusive of VAT. For each of the PRODUCTS, the respective shipment and delivery costs for the same must be added to the prices displayed on the SITE. These will be duly indicated and summarized before the CLIENT places the ORDER and subsequently also in the ORDER CONFIRMATION.
7.2. The total price for the purchase of PRODUCTS and shipment and delivery costs, as indicated in the ORDER, will be charged to the CLIENT only at the moment of shipment of the PRODUCTS, as previously confirmed by the SHIPMENT CONFIRMATION.
7.3. For credit card payments, upon request by TEDDY, the CLIENT undertakes to send a copy of an identity document proving the effective ownership of the credit card used, it being understood that in the event of failure to do so, TEDDY may refuse the payment and cancel the order.
8. DELIVERY OF PRODUCTS TO THE CLIENT
8.1. When the courier service entrusted with their transport delivers the PRODUCTS to the CLIENT, the CLIENT must check:
a) that the quantity and type of PRODUCTS ordered correspond to those indicated in the transport document; b) that the packaging used for shipment is intact and not damaged, wet or in any other way altered, even only in its closure materials.
8.2. Any discrepancies must be notified immediately to the courier service upon receipt of the PRODUCTS and indicated on the delivery note. To facilitate and speed up the checking procedure for any discrepancies by TEDDY, the CLIENT may send an e-mail to firstname.lastname@example.org.
9. RIGHT OF WITHDRAWAL
9.1. The CLIENT has the right to withdraw from the contract concluded with TEDDY, without any penalty and without specifying the reason, within 14 (fourteen) days of the date of receipt of the PRODUCTS purchased from the SITE, providing that the PRODUCTS to be returned are intact, have never been worn and are complete with their original packaging, hangtags and labels, as more fully indicated in Art. 9.4. below. It is instead not possible to exchange the product chosen with another.
9.2. In the event of exercising the right of even partial withdrawal, the PRODUCTS must be returned in a single shipment.
9.3. If the CLIENT intends to exercise the right of withdrawal indicated in this article, he or she must: - send an e-mail of notification to email@example.com, attaching the SHIPMENT CONFIRMATION sent by TEDDY and specifying in the e-mail text the numerical code of the article or articles to be returned (hereinafter the “RETURNED PRODUCTS”) and the reason “for rightful withdrawal” for returning them; - contact a courier service of his or her choice and send, within the subsequent 14 (fourteen) days of the communication of withdrawal by e-mail, the products to be returned to TEDDY S.p.a. - LOGISTICA B2C - Via Coriano 58, GROS RIMINI Blocco 97, 47924 Rimini. In this case, the CLIENT assumes all and any liability in case of loss or damage to the products during transport, up to the moment of their delivery to TEDDY.
9.4. All PRODUCTS have an identification hangtag, internal labels and their own packaging. In the event of the CLIENT exercising the right of withdrawal, TEDDY has the right to not accept the return of any RETURNED PRODUCTS without the respective hangtag or internal labels, or of PRODUCTS that have been used, worn, washed or damaged or that have been altered in their essential characteristics and quality.
9.5. If the right of withdrawal is exercised in accordance with the methods and terms described in this article, as soon as possible TEDDY will send the CLIENT confirmation of acceptance of the RETURNED PRODUCTS by e-mail, and will refund the costs sustained by the CLIENT for the purchase of these products and the respective shipment and delivery costs by means of banking procedures.
9.6 RETURNED PRODUCTS may never be returned on carriage forward terms.
10. RETURN DUE TO DEFECTS OR NON-CONFORMITY
10.1. With regard to the PRODUCTS purchased by the CLIENT, TEDDY offers the legal guarantee of conformity in compliance with the terms and conditions envisaged by law. In particular, the rights deriving from this guarantee may be exercised on condition that the PRODUCTS have been used correctly, with due diligence and in compliance with their intended use and the instructions supplied with them, and also subject to the CLIENT being able to exhibit the delivery note received with the same and an indication of the order number.
10.2. In the case of products that are defective or not in conformity with those ordered (hereinafter the “DEFECTIVE PRODUCTS”), the CLIENT, with no exceptions whatsoever, must send a e-mail of notification to TEDDY at firstname.lastname@example.org, attaching the SHIPMENT CONFIRMATION sent by TEDDY and specifying in the e-mail text the numerical code of the article or articles to be returned and the reason “for defects of PRODUCTS” for returning them.
10.3. Teddy will: - contact the courier service and arrange for collection within 14 (fourteen) days of the communication of withdrawal by e-mail to TEDDY; - communicate to the CLIENT the date arranged for collection via e-mail. Once the DEFECTIVE PRODUCTS have been handed over to the appointed courier service, TEDDY exonerates the CLIENT from all and any liability in case of loss or damage to the products during transport.
10.4. As soon as TEDDY receives the package containing the DEFECTIVE PRODUCTS, it will check the defects notified, and by e-mail will send the CLIENT the respective confirmation of receipt of the products and confirmation of the effective presence or otherwise of the defects previously notified by e-mail, and will then refund, by means of banking procedures, the costs sustained by the CLIENT for the purchase, shipment and delivery of the DEFECTIVE PRODUCTS. The costs for the return of DEFECTIVE PRODUCTS will be borne by TEDDY.
11. PERSONAL DATA PROTECTION
11.1. TEDDY guarantees the CLIENT that the personal data acquired in relation to the sale of PRODUCTS will always be processed in a legitimate and correct manner, in full conformity with the provisions of Legislative Decree no. 196 dated 30 June 2003 (hereinafter the “DECREE”), and in compliance with the printable PRIVACY published on the SITE.
11.2. For all information regarding the processing of personal data, reference is made to the information on data processing given by TEDDY, pursuant to Art. 13 of the DECREE, to the CLIENT at the time of registration on the SITE. The CLIENT is reminded that if any further clarification regarding the processing of personal data (Art. 7 of the DECREE) is required, he/she may contact TEDDY at email@example.com.
For any assistance required or complaints regarding the PRODUCTS purchased, the CLIENT may contact TEDDY at firstname.lastname@example.org.
13. APPLICABLE LAW AND JURISDICTION
13.1. The GSTC are governed by Italian law and in particular by the CODE and by Legislative Decree no. 70 dated 9 April 2003, regarding certain characteristics of e-commerce.
13.2. For any controversy that may arise regarding the validity, interpretation, execution and termination of these GSTC and/or individual purchase orders, the exclusive and unrivalled competent court will be the Court of Rimini, with the express and total mutual exclusion of any other court.