TORAI trademark owned by EVEN MD srl unipersonale
Via Nizza, 15 - 35016 Piazzola sul Brenta (PD)
Cod.Fisc. e P.Iva 04430450280 - REA PD389019 - Cap.Soc. € 10.000,00 i.v.
OBJECT.
These General Conditions of Sale (hereinafter General Conditions) govern the contract for the sale and delivery at home of the products marketed (hereinafter Products) on the website "http://www.torai.it" ( Hereinafter Website) of Even md srl, with registered offices in Via Nizza n. 15, 35016 Piazzola sul Brenta (PD), VAT number and tax code 04430450280 and owner of the trademark Torai (hereinafter, Even, md or Torai); The contract is concluded by Even md with a buyer subject (hereinafter the Customer) through a remote sales system employing the communication technology called "internet" (hereinafter the Contract).
1.2. Even md reserves the right to modify these General Terms and Conditions. The validity of the new General Terms will be effective from the time they are published on the site, and will be effective from that moment on.
1.3. These General Terms and Conditions therefore form an integral part of the Agreement.
1.4. The relevant legislation is Legislative Decree 6 September 2005, no. 206 (Consumption Code) governing all negotiating and / or contractual processes involving consumers and Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 (Electronic Commerce Directive), Transposed in Italian law by Legislative Decree no. 70.
2. ORDERS AND CONFIRMATION.
2.1. The contract between Even md and the Customer must be concluded with the acceptance, even partial, by Even md, of the order of purchase from the Customer (hereinafter Order).
2.2. The Order must be complete in all its parts and must contain all the elements necessary for the exact identification of the Products ordered and the place of delivery. By Order, the Customer declares that he has read all the instructions given to him during the purchase procedure and accepts these General Terms in its entirety.
Customer may only purchase the Products in the Catalog of the Site at the time of the Order's submission, as described in the respective information sheets. The image accompanying the descriptive card of a product may not be perfectly representative of its characteristics, but may differ, for example, in the year of production indicated.
The Order may not be made in respect of Products which, even if present in the Catalog of the Site, are indicated as unavailable.
In any case, the Products on the Site are offered until their availability is exhausted.
If an order exceeds the quantity in the warehouse, you will only accept the purchase for the Available Products. In this case the Customer will be informed and will be able to dispose of the order or the integration with a replacement product.
2.3. The Order confirmation by Even md, sent by e-mail to the e-mail address indicated by the Customer at the time of the Order, is valid as acceptance.
The Order Confirmation will contain the Identification Number, the Order's date of issue, the indication of the Purchased Products, the relative price, delivery costs, the Customer's data for billing and / or delivery, The payment method chosen by the Customer among those indicated in the following art. 3.
The Customer must check the contents of the Order confirmation without delay and immediately report any errors or omissions to Even.
Even md may also send to the Customer, always by e-mail to the Customer's e-mail address at the time of the Order, a rejection of the Order.
Any Customer's right to damages or compensation and any contractual or non-contractual liability for any direct or indirect damages to persons and / or property caused by the failure to accept, even partial, of an order is excluded.
3. PRICES AND PAYMENTS.
3.1. All sales prices of the Products displayed on the Site constitute a public offering, are expressed in EURO and are inclusive of VAT, unless otherwise stated.
3.2. The Customer agrees to match the price of the Products indicated in the Order, following the appropriate instructions provided on the Site, by one of the following payment methods:
• Payment by Credit Card
• Payment with Paypal
3.3. In the case of the purchase of products with Credit Card, at the conclusion of the online transaction, the Reference Bank will only authorize the amount of the purchase purchase. The amount of the goods alone escaped, even partially.
In the event of cancellation of the Order by the Customer or in case of failure to accept or reject the Order of the same by Even md, the same will simultaneously require the cancellation of the transaction and the release of the committed amount. Withdrawal times, for some types of Credit Cards, depend solely on the banking system and may reach their natural maturity (typically 24-25 days from the date of authorization). Once the transaction has been canceled, in no case Even md may be held liable for any direct or indirect damage caused by delay in the failure of the amount committed by the banking system.
Even md reserves the right to request additional information from the Customer (example telephone number) or the sending of copies of documents proving the ownership of the Credit Card used. In the absence of the required documentation, Even md reserves the right not to accept / reject the Order.
Customer's best guarantee and security, at no time during the purchase procedure, Even md is able to know the Customer Credit Card information, transmitted through a secure connection directly to the Bank's website that manages the transaction or Paypal system. No Even md archive will keep this data.
Under no circumstances Even MD can be held liable for fraudulent and unlawful use of Credit Cards by third parties upon payment of purchases on the Site.
4. DELIVERY AND SHIPMENT.
4.1. The Products are shipped to the Customer with free packaging at the destination address specified in the Order. In the absence of the recipient at the time of delivery, a notice will be given and the Customer must personally contact the courier or forwarder as soon as possible to agree on the delivery arrangements.
4.2. The products are accompanied by courier documentation.
4.3. The shipping costs are borne by the Customer, to the extent indicated on the Site during the purchase procedure, and payment by the Customer will be made in the manner chosen by the Customer on the Order of Payment for the Products.
4.4. If it is not able to deliver the Products listed in the Order because it has become temporarily unavailable after Order confirmation, Even md will promptly notify the Customer via e-mail. Any amount already paid by the Customer will be refunded as soon as possible and in any case not later than thirty days after receipt of the Order.
4.5. No liability can be attributed to Even md in the event of a delay in the withdrawal of the Order or in the delivery of the ordered order attributable to force majeure or by accident.
5. RESPONSIBILITY.
5.1. Even md assumes no responsibility for the disagreements attributable to force majeure (such as mere example, accidents, strikes, floods, fires, etc.) that prevented, in whole or in part, from enforcing Contract.
Even md will not be liable to any party for any damages, losses and costs incurred as a result of the failure to execute the Contract for the aforementioned causes, having the Customer only entitled to the refund of the Price paid.
Even md is not responsible for the fraudulent and illicit use that third parties may make of credit cards and / or other means of payment upon payment of the Products purchased on the Site.
5.2. In any case, it has been agreed that, in the event of any liability of Even MD in any way against the Customer, the liability of Even md may not exceed the price of the Products purchased by the Customer and already paid and for the What eventual disputes arise.
5.3. The liability of Even md for delays in delivery may not exceed the amount of shipping costs incurred by the Customer.
6. RESPONSIBILITY OF THE AUXILIARY THIRD PARTIES.
6.1. Even md is not responsible for the work of third parties who, as independent auxiliaries, intervene in the management or execution of payment transactions, delivery of Products and any other operation connected to the execution of the Contract.
7. PRODUCT PROPERTIES.
7.1. The right of ownership of the Products offered on the Site is acquired by the Customer after the full payment of the Products and their delivery. The risk of breakage passes to the customer at the time of delivery of the products.
8. RIGHT OF WITHDRAWAL.
8.1. The CONSUMER customer may exercise the right of withdrawal if:
- Notify the Order's cancellation by e-mail to Even md before receiving the order confirmation or before the goods have been shipped;
- Not satisfied with the purchase made, is committed to the complete return of the Products received by charging the shipping costs for the delivery.
The right of withdrawal must be exercised, by way of decree, by registered letter A.R. to the following address
Even md s.r.l., Via Nizza, 15, 35016 Piazzola sul Brenta (PD),
Within ten working days of the day of receipt of the Products. This notice must also be forwarded by e-mail to torai@torai.it within the same time, provided it is confirmed by registered letter A.R. Within 48 hours after sending the e-mail. Such communication shall contain the information necessary for the identification of the order, the intention to waive the purchase and the particulars of the Product or Products for which the right of withdrawal is to be exercised, including a copy of the tax document.
8.2. The right of withdrawal is excluded in the following cases (art. 5, comma 3, D.lgs. 185/1999):
- Purchase of customized or Customized Packaged Products from Even md, according to the Customer's specific requirements or which, by their nature, can not be returned or is likely to deteriorate or alter rapidly;
- Purchases of Products that have not been delivered due to Customer's absence from the place of delivery and when they are withdrawn are impaired or deteriorated due to the delay caused by the Customer;
- Purchase of Sealed Packaged Products, opened by Customer.
8.3. If the withdrawal is made in accordance with the provisions of the first paragraph of this Article, the amount already paid for the Products and the delivery costs is credited to the Client by bank transfer on his behalf and indicated.
Refunds are made as soon as possible and, in any case, within 15 days of the date on which Even md has received notice of the withdrawal by the customer CONSUMER in the prescribed manner, also receives the ordered goods intact and in the original packaging at the following address :
Even md s.r.l., Via Seghe, 67, 36043 Camisano Vicentino (VI)
8.4. The only expenses incurred by the Customer for the exercise of the right of withdrawal are Direct Returns for Products at Even md.
9. COMPLAINTS.
9.1. Any complaint should be addressed by e-mail to torai@torai.it, or by writing to Even md s.r.l., Via Nizza, 15, 35016 Piazzola sul Brenta (PD).
10. PRIVACY.
10.1. Even md strictly observes the provisions of Law 675 of 1996 for the protection and confidentiality of personal data. At any moment, the interested party may ask Even md to read the personal data in his possession and ask for correction or deletion.
The data will be used for the sole purpose of providing, in the best possible way, the services requested by the person concerned. They will not be disclosed to third parties.
Even md will only require the data subject strictly necessary to complete the purchase operations and, if necessary, keep it up to date on prices and Products (as long as the interested party deems it appropriate).
10.2. Pursuant to Articles 13 and 23 of Legislative Decree no. 196 (Personal Data Protection Code and below Code), Even md wishes to inform the kind visitors:
1) That the personal and master data provided to Even md are subject to processing in accordance with the above-mentioned regulations and the confidentiality obligations provided for therein;
2) That for the processing of personal data pursuant to art. 4 of the Code means any operation or complex of operations, also carried out without the use of electronic means, relating to the collection, registration, organization, storage, consultation, processing, modification, selection, The extraction, comparison, use, interconnection, blocking, communication, dissemination, deletion and destruction of data, even if not recorded in a database;
3) That the data is processed for institutional purposes, connected or instrumental to Even md activity such as archiving, processing, billing, customer management, and in particular:
a) To fulfill statutory obligations related to civil, fiscal, accounting, etc. standards, for the administrative management of the relationship you have established with Even md;
b) To fulfill contractual obligations, technical support and technical information and post-sales assistance;
c) To satisfy market surveys and statistics, marketing and references in relation to the Products covered by Even md;
d) Only with the express consent of yours, for the commercial communication of future business initiatives, announcements of new products, services and offers, both by Even md and affiliated companies and / or subsidiaries, commercial partners and Outsourcers, by sending e-mails. Sending e-mails will not in any case result in the transfer of personal data to third parties. This service does not lead to the monitoring of the sites you visit or the control of the messages you read, except for your consent;
e) For the execution of promotional initiatives in general, in the interest of the user of Even md;
4) That the transfer of your data is necessary for you to be able to regularly fulfill the contractual and legal obligations arising from the legal relationship with Even md. If you are not interested in our business information, you may freely indicate that you do not provide your specific consent for this distinct purpose;
5) That the data:
- Are collected in our database and registered so that they can be accessed only to authorized of Even Md
- May be dealt with within the scope of Even md, or may be disclosed outside the scope of: a) affiliated companies, subsidiaries, affiliated with Even md; B) Even md commercial partners (companies, suppliers, carriers and shippers, etc.); C) companies conducting inquiries concerning customer satisfaction.
10.3. We also inform you that any interested party may exercise the rights under art. 7 of the Code below summarizes.
The person concerned has the right to obtain confirmation of the existence or not of personal data concerning him, even if they are not yet registered, and their communication in an intelligible form.
The person concerned has the right to obtain the confirmation: a) of the origin of the personal data; B) the purposes and methods of the treatment; C) the logic applied in the case of processing carried out with the aid of electronic instruments; D) the identification details of the holder, the persons responsible and the designated representative; (E) the subjects or categories of persons to whom the personal data may be disclosed or who may become aware of it as appointed representative in the territory of the State, of persons in charge or in charge. The interested party also has the right to obtain: a) updating, rectification or, where relevant, the integration of the data; B) cancellation, transformation into anonymous form or blocking of data processed in violation of law, including those that are not required to be kept in relation to the purposes for which the data was collected or subsequently processed; (C) the attestation that the transactions referred to in points (a) and (b) have been made aware, including their content, of those to whom the data have been communicated or disseminated, except where such fulfillment is Reveals it impossible or involves the use of means manifestly disproportionate to the protected right.
The interested party has the right to object, in whole or in part: a) for legitimate reasons to the processing of personal data concerning him, even though relevant to the purpose of the collection; b) the processing of personal data concerning him for the purpose of sending advertising material or direct sales or for carrying out market research or commercial communications.
10.4. The holder of the treatment is Even md s.r.l., Via Nizza, 15, 35016 Piazzola sul Brenta (PD).
Responsible for the treatment is Mr. Filippo Biasio.
10.5. Data processing is carried out by means of appropriate tools to ensure its security and confidentiality in accordance with the Even md Safety Programming Document prepared in accordance with art. 34, paragraph 1, letter G) of the Code and filed at the registered office. The data is stored in the Database at Even's md.
11. APPLICABLE LAW AND COMPETENCES.
11.1. The Contract is governed by Italian law. As far as not expressly provided here, the applicable law and regulations applicable to the relationships and the circumstances of the Contract apply.
11.2. For civil disputes concerning sales contracts between the Customer and Even md concluded through the Site, if the customer is a consumer, territorial jurisdiction is indisputably the judge of the place of residence or domicile of Even md in Italy.
In all other cases, territorial jurisdiction is exclusively the responsibility of the court in Padua Italy.