Terms of service

GENERAL ONLINE SALES CONDITIONS

General conditions of sale of the company TAM & Company spa based in Carrè (VI), Via Brenta 5, VAT Reg. 01839530241, e-mail: shoponline@transit.it, telephone: (+39) 0445 314307, in the person of its pro tempore legal representative (hereinafter, Seller);

Whereas:

• the Seller manages activities relating to the sale of products with its brand on the website transit..it (hereinafter "Website");
• the Website is primarily a marketing website, also intended for commercial transactions between entrepreneurs and consumers (B2C)
• the customer must have the requisites for entering into legally binding contracts, including that of being over-age;
• by the expression "General Online Sales Conditions", is meant the sales contract relating to the consumer goods of the Seller executed between the Seller and the Buyer as part of a distance sales system organized by the Seller;
• these sales conditions govern the online sale between the company TAM & Company spa based in Carrè (VI), Via Brenta 5, VAT Reg. 01839530241 and the Buyer, which accepts these sales conditions and if a “Consumer” expressly declares making the purchase for purposes unrelated to any business or professional activity performed, as required by Leg. Decree 206/2005;
• this preamble is an integral and substantial part of the contract; the following is agreed:

1. PURPOSE OF THE CONTRACT
1.1 These general conditions, placed at the disposal of the Buyer for reproduction and filing pursuant to art. 12, Leg. Decree no. 70 dated 9 April 2003, refer to the purchase of products, made at a distance and through a computer network and specifically through the Website belonging to the Seller.

1.2 By means of this contract, the Seller sells and the Buyer purchases, respectively, at a distance, the products indicated and offered for sale on the Seller’s Website; the main characteristics of the products are provided and described on the Website, with an overall presentation of each which is faithful, truthful, correct and not misleading. In this respect, it is pointed out that due to the characteristics and the technical limits of photographic reproduction of the products on the Website the image of any one product may not be representative of its characteristics.

2. ACCEPTANCE OF SALES CONDITIONS

2.1 All purchase orders will be sent by the Buyer to the Seller following registration on the Website and entering of ID and PW with access to a reserved area by means of secure protocol and, therefore, through the completion of the indicated purchasing procedure. The Buyer is strictly forbidden from entering false and/or invented, and/or fantasy data during the registration procedure using the specific electronic form. The Buyer holds the Seller harmless as regards all liability deriving from the issuing of erroneous tax documents due to errors relating to the data provided by the Buyer, the latter being the only party responsible for correct data entering.

2.2 These sales conditions must be examined "online" by the Buyer, before the completion of the purchase procedure. The sending of the purchase order by the Buyer therefore implies the complete knowledge of same and their complete acceptance. This means that the Buyer fully accepts these sales conditions and undertakes to observe the general and payment conditions indicated below in its relations with the Seller.

2.3 The acceptance of the sales conditions must be indicated by affixing “flags” in the field provided.

3. PURCHASE PROCEDURES AND SALES PRICES

3.1 The sales prices of the products (hereinafter “Sales Price”) on the Website are expressed in euro (EUR) and American dollars (USD). The Sales Prices of each product will be clearly indicated together with the total purchase price calculation procedures (so-called End Price), which as specified on the section 6 could be made up of the total of the Sales Price and the carriage and delivery costs of the products by couriers and/or forwarders appointed by the Seller. The Buyer, at the time of online purchase, will make use of the “Proceed with payment” button to signify both confirmation of acceptance of the sale in question, and of the shipment and delivery procedures chosen by the Buyer, and of the sending of the purchase order in the identified quantities and of the obligation to pay the Seller the End Price. Once the order has been sent, it will no longer be possible to amend it in any way.

3.2 The Sales Prices and the End Prices shall be deemed inclusive of VAT and all other applicable levy and tax. Outside the EU, national taxes and customs duties are to the charge of the buyer.

3.3 The Seller, after checking the availability of the selected product, will formally confirm the received order by email and only from that time on will the Seller’s obligations become effective for the sale and dispatch of the products in accordance with this contract.
3.4 The Buyer expressly attributes to the Seller the faculty to confirm, including only partially, the order made (e.g., in the event of all the ordered products not being available). In such case, the contract shall be deemed executed only in relation to the goods actually available and confirmed by email by the Seller

4. CONTRACT EXECUTION

4.1 The Contract executed through the Website shall be deemed executed at the time the Buyer receives, via email, a formal order confirmation pursuant to art. 3.3 above, by means of which the Seller accepts the order sent by the Buyer and informs it that it is able to execute the order itself. The Buyer therefore undertakes to print and store these general conditions, already read and accepted as an obligatory step in the purchase procedure, as well as the specifications of the product to which the purchase refers, and this for the purpose of fully complying with legal provisions.

4.2 The Contract shall be deemed executed in the place where the Seller’s registered offices are located. Excepting in cases of impossibility to provide services for reasons beyond the control of the Seller and/or a condition of momentary technical malfunction of the software or the purchasing system of the Website which make presume as available products which are not in fact available, the latter undertakes to provide the selected products following receipt of payment of the End Price due pursuant to this contract.

4.3 The Seller shall not be deemed responsible with respect to the Buyer, except in the case of wilful fraud or serious fault, for disruptions or malfunctions relating to the use of the Internet which are beyond the control of the Seller.

5. PAYMENT CONDITIONS

5.1 Notwithstanding the Seller’s right to enter and implement in future further payment methods aimed at providing an even better service to Website users, the Buyer acknowledges and accepts that – at the date of sale of the objects to which this contract refers – payment by the Buyer shall be made only:
A) online by means of Visa, Mastercard, American Express, JCB, Discover and Diners Club credit card circuits. The purchase amount will be withheld by the Buyer’s availability fund at the time of purchase and will be subsequently charged according to normal practice to the circuit of the selected credit card.
B) Online by means of the Paypal payment system; the purchase amount will be withheld by the Buyer’s availability fund at the time of purchase and will be charged before order dispatch in accordance with the verifications required by the Paypal system itself.
C) by bank transfer using the bank details present in the order email. The shipment of the goods will take place only upon actual receipt of the payment in the bank.

5.2 The Seller disclaims all liability for any fraudulent and illegal use which might be made by third parties of the credit cards and of the other means of payment, at the time of payment of the purchased products, as long as it is able to prove having taken all possible precautions according to the best state of the art and ordinary diligence.

5.3 The Buyer shall be entitled to make use of promotional codes issued only by the Seller by means of newsletter and/or social network and/or available on promotional websites approved by the Seller. The promotional codes have a time duration limited to the period indicated on each code.

6. DELIVERY PROCEDURES

6.1 The Seller will deliver the ordered products to the Buyer, to an address indicated by the latter on the purchase order, according to the procedures indicated in the above articles, using an UPS courier with Standard or Express service. Items will be shipped to Italy in 1-2 business days (Monday-Friday) from order confirmation. During sales or promotion periods, shipments (processing times) could take longer. Delivery times: 1-2 business days in Italy, 1-5 business days in Europe and 2-10 business days in extra-Eu countries.

6.2 The Buyer may check the progress of the purchase by accessing his/her personal profile created on the Website.

6.3 The Seller shall not be responsible for late deliveries or failure to deliver and/or for any additional costs sustained by the Buyer if due for customs operations and controls and/or wrong or incomplete notification of the address by the Buyer and/or due to circumstances beyond the control of the Seller and/or due to fortuitous or force majeure cases.

6.4 Upon receipt of the goods, the Buyer must check the integrity of the package and products and the conformity of the product delivered to it on the basis of the placed order, and is also obliged to immediately inform the Seller of any tampering or damage affecting the package and the products. In any case, the Buyer shall hastily ensure the Seller is informed of any problems affecting receipt of the products so as to enable the Seller to make a better quality control of the services rendered – directly and/or through third parties – pursuant to this contract.

6.5 Where it is not possible to deliver the product due to fact or fault attributable to the Buyer, the latter forthwith authorizes the Seller to deduct from the reimbursement due for the price paid the shipment costs sustained, as well as any customs costs paid or to be paid.

7. WARRANTIES

7.1 In case of queries, claims or suggestions, the Buyer can contact the Seller at the address shoponline@transit.it

7.2 In the event of conformity defects, the provisions shall apply of Leg. Decree no. 206 dated 6 September 2005 with reference to the transactions subject to the aforementioned legislation only. The fault must be reported using the special form and following the procedures indicated for returned goods.

7.3 The Seller reserves the right to ask for photographic evidence of the reported fault before authorizing the return of the product. The faulty product will be replaced by the Seller, with return carriage and shipment to the charge of the latter, with an identical product, if available, or refund of the price paid.



8. SELLER’S RETURN POLICY / RIGHT OF WITHDRAWAL PURSUANT TO LEG. DECREE NO. 206/2005

8.1 Without prejudice to the separate provisions governing the warranty for defects or lack of conformity of the products referred to in Article 7 above, the Purchaser, only if acting as a Consumer (i.e. a natural person acting for purposes outside any business, commercial, craft or professional activity), has the right to withdraw from this contract, without giving any reason, within 14 (fourteen) days. This period begins on the day on which the Purchaser, or a third party other than the carrier and designated by the Purchaser, acquires physical possession of the goods.

8.2 To exercise the right of withdrawal, the Purchaser must inform the Seller of the decision to withdraw from the contract by means of an explicit declaration. For this purpose, the Purchaser may use the dedicated procedure available on this page or send a written communication by email. Upon receipt of the request, the Seller shall promptly send the Purchaser an acknowledgment of receipt of the withdrawal by email, including instructions for returning the goods.

8.3 The Purchaser is requested to send back or hand over the goods to the Seller without undue delay and, in any event, within 14 (fourteen) days from the day on which the withdrawal from the contract was communicated. The deadline is met if the goods are dispatched before the expiry of the 14-day period. The direct cost of returning the goods shall be borne by the Purchaser. If the Purchaser chooses to use the courier service made available by the Seller, the return shipping cost (which varies depending on the destination country and is indicated on the refunds information page) shall be deducted from the refund amount.

8.4 The Purchaser shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The Purchaser is therefore requested to try the item without damaging it and, where possible, return it together with all labels, intact tags, original packaging and accessories (e.g. dust bags) received with the order. Returns should preferably be shipped using the original box in which the goods were delivered.

8.5 If the returned goods are found to be damaged, washed, altered, or show signs of use that impair their commercial value, the Seller reserves the right to deduct from the refund an amount corresponding to the decrease in the value of the goods. Returns must be shipped from the same country to which the original order was delivered.

8.6 If the Consumer Purchaser withdraws from the contract, all payments made to the Seller, including the original delivery costs (except for any additional costs resulting from the Purchaser's choice of a type of delivery other than the least expensive standard delivery offered), shall be reimbursed without undue delay and, in any event, no later than 14 days from the day on which the Seller was informed of the decision to withdraw. The Seller may withhold reimbursement until the goods have been received or until the Purchaser has supplied evidence of having returned the goods, whichever occurs first. The refund shall be made using the same means of payment used for the initial transaction, unless the Purchaser has expressly agreed otherwise. Any differences resulting from exchange rate fluctuations shall not be reimbursed.

8.7 Outside the scope of transactions governed by Italian Legislative Decree No. 206/2005 (B2B purchases made using a VAT number), the right of withdrawal described herein shall not apply. Instead, the general provisions of the Italian Civil Code governing sales contracts shall apply.

8.8 EXCLUSION OF THE RIGHT OF WITHDRAWAL FOR CUSTOMISED PRODUCTS Pursuant to Article 59(1)(c) of Italian Legislative Decree No. 206/2005 (Consumer Code), the right of withdrawal referred to above is expressly excluded for the supply of goods made to the Purchaser's specifications or clearly personalised at the Purchaser's request (including, without limitation, engraved items, embroidered products, specially manufactured non-standard sizes or measurements, or colours made upon specific request). Accordingly, such items are not eligible for return or refund, without prejudice to the mandatory provisions concerning the statutory warranty for defects or lack of conformity.

 

9. INTELLECTUAL PROPERTY RIGHTS

The Transit trademark and the figurative and non-figurative trademarks as a whole, and more in general all the other trademarks, illustrations, images and logos on the products, relative accessories and/or packaging, whether registered or not, are and remain the exclusive property of the companyAM & Company spa based in Carrè (VI), Via Brenta 5. The total or partial reproduction, amendment or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without express prior authorization, is strictly forbidden.

10. COMPETENT LAW COURT AND APPLICABLE LAW

10.1 This contract is regulated by Italian law. For everything not expressly provided, reference shall be made to applicable legal provisions, to the specific clauses of this contract and, in any case, to provisions of the Italian civil code relating to transactions between professional persons/entrepreneurs and Leg. Decree no, 206 dated 6 September 2005 (Consumer Code) for transactions with the “Consumer”.

10.2 In case of disputes deriving from this contract or related thereto, the parties undertake to try and reach an amicable settlement.

10.3 If an amicable settlement cannot be reached and in any case within six months from the start of the dispute, this shall be referred to the law court of Vicenza only or to the law court indicated by the Consumer Code where applicable.

11. FINAL CLAUSES

11.1 This contract cancels and replaces all previous agreements, understandings, negotiations, written or oral between the parties and concerning the purpose of this contract.

11.2 Any ineffectiveness of any of the clauses shall not affect the validity of the contract as a whole.

11.3 These general sales conditions have been drawn up in the English and Italian languages. In case of problems concerning the construal thereof, the parties agree that the authentic and effective text shall be that in the Italian language.

ACCEPTANCE OF GENERAL CONDITIONS BY BUYER
Pursuant to and by the effects of articles 1341 and 1342 of the Italian civil code, the Buyer declares having carefully read the contract and expressly approving the following clauses: Art. 2 (Acceptance of sales conditions), Art. 3 (Purchase procedures and sales prices), Art. 4 (Contract execution), Art. 6 (Delivery procedures), Art. 7 (Warranties and conditions of assistance), Art. 8 (Seller’s return policy/Right of Withdrawal pursuant to Leg. Decree 206/2005), Art. 10 (Competent law court and applicable law).