Terms and Conditions Tibiona online sale of hard-to-find items
An "online" sales contract refers to a distance contract, i.e., a legal transaction concerning movable goods and/or services stipulated between a supplier and a consumer customer within a distance sales system organized by the supplier who, for such contract, exclusively employs the distance communication technology known as the "internet". All contracts, therefore, will be concluded directly through access by the consumer customer to the website corresponding to the address www.tibiona.it, where, by following the indicated procedures, they will conclude the contract for the purchase of the good. A consumer is defined as a natural person who purchases goods and services for purposes not directly related to any professional activity carried out. The sales conditions set out below will remain effective until they are changed by the supplier. Any changes to the sales conditions will be effective from the moment they are published on the website www.tibiona.it in the relevant "Terms of Use" section and will refer to sales made from that moment onwards.
SALE PRICES AND PURCHASE METHODS
All sales prices of the products displayed and indicated on the website www.tibiona.it, which constitute an offer to the public pursuant to art. 1336 c.c., are inclusive of V.A.T. (4%, 5%, 10%, 22% depending on the type of product); the cost of transport and related accessory charges are duly highlighted on the specific "Sales Conditions" page within the site, which the customer shall review before confirming the purchase; in the case of delivery abroad, any additional costs due to taxes or duties provided for by the legislation in force in the State of destination shall be borne by the consumer. The purchase contract is finalized through the exact completion and the consent to the purchase manifested through the "online" acceptance. On this site, the minimum spending threshold is 15 euros, excluding transport and accessory charges. The customer can pay for the ordered goods using the payment methods indicated online at the time of purchase.
Tibiona assumes no responsibility for disruptions attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that prevent, in whole or in part, the execution of the contract within the agreed timeframe. Tibiona will not be liable to any party for damages, losses, and costs suffered as a result of the failure to execute the contract for the reasons mentioned above. Likewise, Tibiona is not responsible for any fraudulent or illegal use that may be made by third parties of checks and other means of payment.
BUYER'S OBLIGATIONS
The consumer undertakes and obliges, once the "online" purchase procedure is concluded, to provide for the printing and preservation of these general conditions, which, moreover, they will have already viewed and accepted as a mandatory step in the purchase, as well as the specifications of the product being purchased, in order to fully satisfy the condition referred to in art. 3 and 4 of Leg. Dec. n 185/1999. It is strictly forbidden for the buyer to enter false, and/or invented, and/or fictional data in the registration procedure necessary to activate the process for the execution of this contract and related further communications; the personal data and email must be exclusively their own real personal data and not those of third parties, or fictional. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Tibiona reserves the right to legally prosecute any violation and abuse, in the interest and for the protection of all consumers.
RIGHT OF WITHDRAWAL
With reference to Leg. Dec. 206/2005, the consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract within the term of 14 days, for goods from the day of their receipt, without obligation to specify the reason. The withdrawal must be manifested by simple notification via email ([email protected]) or via fax (0174-686863).
The consumer cannot exercise this right of withdrawal for purchase contracts for products which, by their nature, cannot be returned or risk deteriorating or altering rapidly; similarly, products intended for food preparation cannot be subject to return if they have been used. Within the aforementioned period of 14 days, all purchased goods must be returned to the sender-supplier, possibly intact and in their original packaging, including any manuals. If the product has been used or the packaging, manuals, or other material relating to the product shows signs of wear (dirt, scratches, stains, deformations, breakage, or other), the refund will be made partially (the amount of the refund will be agreed upon once the product has reached Tibiona's headquarters and has been inspected).
The goods must be returned to:
- Tibiona / Bongiovanni Srl - via case molino di Pogliola 2 - 12089 Villanova Mondovì Cuneo - Italy
Tibiona will proceed with the forwarding of the entire amount paid by the consumer within the period of fourteen days starting from the date of shipment of the goods by the customer, except for any restoration costs for ascertained damage to the goods and the costs incurred for the return of the goods. In the event that the returned product was damaged during transport, it will be our care to notify the customer of the incident by the next working day after receipt at our headquarters, to allow them to file a complaint against the courier chosen for the shipment. In this case, the product will be returned to the customer at their expense and at the same time the withdrawal request will be canceled. For this reason, it is strongly recommended to use insured shipping. Upon arrival at our warehouses, all returned products will be carefully examined in order to verify any damage or tampering not resulting from transport.
The transport costs refunded are only those for the forwarding of the product from our headquarters and not those for the return; at the same time, if a faster courier (Tnt or Gls) is chosen compared to the standard one (Artoni), the refund amount will be that of the cheapest courier, therefore that of Artoni.
CONTRACT TERMINATION
Tibiona has the right to terminate the stipulated contract by giving simple communication to the customer with adequate justification and reasons; in this case, the customer will only be entitled to the refund of any amount already paid. The obligations assumed by the customer referred to in art. 9 (Buyer's Obligations), as well as the guarantee of the successful completion of the payment that the customer makes with the means referred to in art. 2, are of an essential nature, so that by express agreement, the failure by the Customer to fulfill even one of said obligations will result in the termination of the contract by law pursuant to art. 1456 c.c., without the need for a judicial ruling, without prejudice to Tibiona's right to take legal action for compensation for further damage. The customer has the right to cancel the contract within 24 hours of receiving the confirmation email by giving timely communication to customer service via email at: [email protected]
JURISDICTION
WARRANTY
FOOD STORAGE
PAYMENTS IN BITCOIN
LEGAL ENTITY