These general conditions of online sale (hereinafter “CGV”) govern the purchase contract (hereinafter, the “Contract”) of the products (hereinafter, the “product” or “products”) offered by TOMA srl – Via Marconi 13 – 62010 Appignano (MC) (hereinafter, “LTS”) – through its website “www.tomayouniform.it” (hereinafter, the “site”) to the users of the site (hereinafter, the “customers” or the client”). The present general sales conditions are understood to refer only and exclusively to customers who can be qualified as “consumers” pursuant to art. 3, co. 1, lett. a), of Legislative Decree 6 September 2005, n. 206, that is “the natural persons acting for purposes unrelated to any entrepreneurial or professional activity carried out“, as well as adults. All information contained on the site is in Italian and in English. The customer declares to have read all the aforementioned information and general sales conditions before placing the order. The customer, before placing the order of the product, declares that the purchase of this product has no direct relationship with his professional activity, since their purchase is intended for personal use. The customer also declares that he has the legal capacity to commit himself according to the provisions of these general conditions.
Territory and coverage of the offer
This version of the general terms and conditions of sale refers exclusively to sales made to consumers who have their domicile or residence in Italy or in a European Union country.
Contractual documents
This contract consists of the following documents:
• these general sales conditions
• the order confirmation
The photographs illustrating the products on the site do not fall within the contractual field and are reported solely for descriptive purposes.
Order Reception/Acceptance/Execution
Order reception
Any purchase order signed by the validation click constitutes an irrevocable commitment of the customer which can be called into question only in the cases provided for in this contract to the articles “Right of withdrawal” and “Order execution”.
Order acceptance
The conclusion of the contract will take place only upon receipt of the order confirmation by TOMA SRL within 24/48 h of its purchase order. The customer will receive by e-mail a notification of receipt indicating the order confirmation with all the constituent elements of the contract (including products ordered, prices, delivery dates, shipping costs). TOMA SRL reserves the right not to confirm an order for any reason relating in particular to a product supply problem, or to a problem concerning the order received. TOMA SRL cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. TOMA SRL shall also not be held liable for any damage caused to the products after delivery to the carrier in charge of transporting them or for delays in delivery to the latter due to them.
Execution of the order
The order will be executed within the terms specified on the Site, upon acceptance of the order by TOMA SRL and in any case within the 4/7 weeks following the confirmation of the order subject to the availability of the product ordered and unless specific agreement between the parties. In case of exhaustion of the stock or unavailability of the ordered product, TOMA SRL undertakes to inform the customer as soon as possible and to specify a possible term of renewed availability. See article 6 regarding the availability of products.
Product availability
The offers contained in this site will be valid as long as the products listed remain online and while stocks last. TOMA SRL also reserves the right to notify the customer, at the email address associated with its profile, of the unavailability of one or more of the products purchased. In the case of purchase of a product that is no longer available, TOMA SRL will refund (on the payment card or on the Pay Pal account indicated by the same for the purchase or by bank transfer, the details of which are to be communicated subsequently upon registration) of the price and shipping costs incurred by the customer.
Prices – Invoice
Prices are in Euro and include 22% VAT. The guaranteed price to the buyer is the one published on the site at the time of sending.Product prices are final. They do not include any delivery costs, which will be indicated in the purchase order and in the subsequent order confirmation.
Payment
The customer who intends to proceed with the purchase of the products must express this desire through a request made directly on the site, in the dedicated section, where, following the procedures indicated there, he will send his purchase order and make the payment. The payment of the fee is due from the time of the order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and transport) using the available payment methods. The customer guarantees TOMA SRL to have the necessary authorizations to use the payment instrument indicated during the order. In case of non-receipt by TOMA SRL of the payment, TOMA SRL reserves the right to cancel the order. In case of payment by credit card, TOMA SRL reserves the right to request the sending, within 24 hours, of the copy of the identity document proving the actual ownership of the credit card used , it being understood that, in the absence of the requested submission, TOMA SRL may refuse payment and cancel the order. The payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
Transfer of risks
The transfer of risks to the customer takes place upon delivery of the products to the carrier by TOMA SRL During the withdrawal period referred to in Article 13, the customer is responsible for the object as guardian. In case of damage or destruction of the product during customer custody, the customer will suffer all the consequences.
Delivery
The geographical area of delivery corresponds to the geographical area covered by the offer. Deliveries are made from Monday to Friday. The products are delivered to the address indicated by the customer. “TOMA SRL” without prejudice to the provisions of art. 6, undertakes to deliver the products to the address notified by the customer in the purchase order, through the carrier appointed to transport them. “TOMA SRL” cannot be held responsible for errors in the delivery due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. “TOMA SRL” may also not be held liable for any damage to the products after delivery to the carrier in charge of transporting them as well as for delays in delivery to the latter attributable. “TOMA SRL” carries out deliveries throughout the Italian territory and of European Union countries. Deliveries in uncomfortable CAPs (eg Venice Lagoon) could lead to variations in the indicated transport rates. Delivery is made through couriers selected by “TOMA SRL” upon notice by mail / sms / telephone; Post Boxes are not valid addresses for delivery purposes. The delivery document issued by the transporter, dated and signed by the customer upon delivery of the product will constitute proof of the transport and release of the goods. Upon delivery, the customer will have to check the content, conformity and status of the product (s). In the event of delays, failures, total or partial losses or other problems, the customer has the right to appeal to the transporter without the responsibility of “TOMA SRL” being ever taken into consideration. Therefore, upon delivery, “TOMA SRL” recommends the customer to check the status of the products delivered before signing the receipt document. If anomalies are found, the customer must refuse the delivery of the products and strictly insert in writing detailed and dated information: undamaged package, pallet / damaged cardboard, damaged package, open cellophane, scratched, torn. These reservations must be communicated to “TOMA SRL” by e-mail to the address “customer@nomesito.it” immediately, attaching photos of the intact package / pallet and the bulletin with annotation of the anomaly.
Right of withdrawal
The customer has the right to withdraw from the Contract, without any penalty and without specifying the reason, starting from the receipt of the order confirmation sent by “TOMA SRL” and no later than fourteen working days from receipt of the product to the address indicated for delivery. The date shown on the delivery note is full proof of receipt. The customer may exercise the right of withdrawal through a specific communication (including the details of the addressee, the order number and the date of receipt) to be sent to the e-mail address: “shop@tomayouniform.com “
If the product has already been delivered, the customer is required to return it to “TOMA SRL” For this purpose:
– the deadline for the return of the product is fourteen days from the notice of withdrawal (in the case of reshipment by the customer, the customer must provide proof of shipment). In order for the deadline to expire, the product is considered returned when it is delivered to the accepting carrier (“TOMA SRL” suggests the courier https://www.brt.it/it/home)
– if the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The customer must send the product properly packaged; “TOMA SRL” does not accept returns that are damaged, but kept in a normal state of conservation, kept with the use of normal diligence. Products damaged by detergents / additives or products damaged by the customer due to inexperience will not be replaced or refunded. The customer must insert a copy of the return authorization received by “TOMA SRL” inside the packaging box. The risks of transport for the return of the products are fully borne by the customer.
– The costs of returning the goods to “TOMA SRL” are charged to the customer. If the customer exercises the right of withdrawal in accordance with the provisions of these sales conditions, “TOMA SRL” will reimburse the sums paid by the customer on the same means of payment used by the customer for the original transaction (credit card, paypal, bank transfer) banking), unless otherwise indicated by the client. The reimbursement will take place, free of charge, within fourteen days from the date on which “TOMA SRL” became aware of the exercise of the right of withdrawal by the customer. As required by legislative decree 6/9/2005 n. 206 and by the art.55 of the Consumer Code, the right of withdrawal regulated by the present conditions of sale does not apply to goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or deteriorate quickly.
Guarantee
In order to guarantee high quality standards, the products are subjected to quality control procedures by “TOMA SRL” before being shipped. All products sold benefit from the legal guarantee against hidden defects envisaged by articles 1641 and following of the Civil Code.
The non-conforming product will be replaced with an identical product and sent to the customer at the expense of “TOMA SRL” except in the event of unavailability or ceased production of the product itself. In the latter case, “TOMA SRL” will refund the price of the product to the customer.
Use of the site
The descriptions of the products and the images on the site correspond to what is made available by the suppliers of “TOMA SRL” to “TOMA SRL” itself. The photographs and videos presenting the products accompanying the descriptive information are published on the site in a descriptive manner, taking into account the fact that the quality of the images, including an exact display of the color variants, may depend on software and IT tools used by the customer at the time of connection to the site. “TOMA SRL” assumes no responsibility for problems caused to the customer by the use of the site and the technologies used as they do not depend on their own will.
Intellectual and industrial property rights
“TOMA SRL” informs that the site, as well as all the brands and distinctive signs used in connection with the sale of the proposed products, are protected by applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution is prohibited publication, alteration or transformation, in any form and for any purpose they occur. “TOMA SRL” reserves the right to act legally to protect these aspects. “TOMA SRL” assumes no responsibility for the trademarks and other distinctive signs that appear on the products it sells on the site, with respect to which the customer does not acquire any rights following the conclusion of the Contract.
Protection of personal data
“TOMA SRL” is the owner of the personal data collected at the time of registration on the site, as well as those subsequently communicated at the time of purchase by the customer, except for the data relating to the payment procedure for which reference is made to the banking institutions through which the transaction takes place. For information regarding the processing of personal data, including the rights pursuant to art. 7 of Legislative Decree 196/03, please refer to the detailed information already provided at registration Privacy & Cookie
Electronic signature
The “click validation” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
Completeness of the contract
The present general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the customer may be inserted or excluded from these general conditions.
Nullity
Should one or more provisions of these general conditions be considered invalid or declared such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their strength and value.
Communications
For any communication it is possible to contact “TOMA SRL” at the following addresses: TOMA SRL Via Marconi 13 CAP 62010 City Appignano (MC) Italy. email: shop@tomayouniform.com
Applicable law
The sales contract between the Customer and “TOMA SRL” is concluded in Italy and regulated by Italian law.
