General Conditions of Sale
Date of publication on website and entry into force 11/08/2022
1.2. TRIBOO DIGITALE sells the Products on the Website on behalf of the Owner. The Parties involved in the purchases of Products via the Website shall be TRIBOO DIGITALE as the seller (hereafter the "Seller") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be jointly referred to as the "Parties"). The Owner themselves shall handle activities relating to processing purchase orders, including delivering Products.
1.3. The Owner is not party to these Conditions, but holds all rights to the Website's domain name, logos and registered trademarks relating to the Products available on the Website and also holds all copyrights relating to the Website content.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to withdraw etc. - shall be sent to the Seller at the addresses and in accordance with the procedure set out on the Website and to the e-mail address firstname.lastname@example.org.
1.5. All purchases are regulated by the General Terms and Conditions of Sale published on the Website at the time the Consumer places their order.
1.6. The Website deals in retail sales and as such, is designed to be used exclusively by Consumers. It follows that only Consumers are permitted to submit orders via the Website. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable, but as an exception to that stated therein:
1.7. Upon submitting the purchase order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent to them by e-mail, to the address they provided during the purchasing process or when registering.
1.8. Consumers must be aged 18 or over in order to make purchases on the Website and be able to act of their own accord; the Consumer declares compliance with such requirements.
1.9. The Consumer shall be charged for any costs incurred to connect to the Website via the Internet, including any telephone expenses, according to the rates applied by the service provider they have selected.
2.2. The Seller reserves the right to amend these Conditions of sale at any time, at their own discretion, without needing to provide any notice to Website users. Any amendments shall come into force from the date on which they are published on the Website and will only apply to sales concluded from that date onwards.
2.3. Prices and Products sold on the Website, and/or their characteristics, may be subject to change without notice. Such changes are only applicable to orders which have not yet been confirmed on the date the changes come into effect. In any case, the Consumer is advised to check the final prices before submitting the purchase order, pursuant to article 3 below.
2.4. The Website can be accessed from all over the world. However, the Products available on the Website can only be purchased by users who request delivery to one of the Countries listed on the Website.
3.2. The purchase order which the Consumer submits to the Seller via the Website shall be a valid contractual offer and is subject to these General Terms and Conditions of Sale, which form an integral part of said order and which the Consumer undertakes to fully accept, without reservation, by placing an order with the Seller. Before proceeding with the purchase of the Products by sending the purchase order, Consumers will be asked to read these General Terms and Conditions of Sale carefully, as well as the notice concerning rights of cancellation, print off a copy by clicking on the 'print' button and save or reproduce a copy for their own records. Consumers will also be asked to check and correct any errors in their personal data.
3.3. The Seller shall accept the Consumer's purchase order by sending an order confirmation e-mail to the Consumer, to the address provided to the Seller when registering on the Website, or during the order process if the Consumer has not registered on the Website. The order confirmation email shall include a link to these Conditions, a summary of the order placed, including a detailed price list, shipping costs and applicable duties, and a description of the product features. The Consumer's order, Seller's order confirmation and Conditions applicable to the contract signed by the Parties will be filed electronically on the Seller's IT systems and the Consumer may request a copy by sending an e-mail to the Seller at email@example.com.
3.4. Any contract relating to the purchase of the Products shall be deemed concluded when the Consumer receives an order confirmation e-mail from the Seller.
4.2. In the event that, when the Consumer is selecting their desired Product on the Website pursuant to art. 4.1 above, they notice that the price of one or more of the Products they wish to select and purchase is clearly lower than the usual price, net of any discounts and/or promotions in force at that time, due to an obvious technical problem that has occurred on the Website, the Consumer is kindly requested not to proceed with the purchase order and to report the error to the Seller's Customer Care team by e-mail to the following address: firstname.lastname@example.org.
5.2. The Seller undertakes to do everything within their power to comply with the delivery times indicated on the Website and, in any case, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the Seller is unable to process the order as the Product the Consumer has ordered is not available for delivery, even temporarily, the Seller shall notify the Consumer in writing and refund the amount already paid, as described in art. 5.3 below. If the Consumer opts to pay by bank transfer, the time frame for delivery will become effective from the moment the Seller receives payment.
5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Website when the order was placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery is correct and includes all and only the Products purchased, and to promptly notify the Seller of any faulty products received or any discrepancy between the order placed and the goods actually received, following the procedure referred to in art. 8 of this contract. Failure to do so will result in the Products being deemed accepted. In the event that the packaging or boxing of the Products ordered by the Consumer is visibly damaged upon receipt, the Consumer is invited to refuse delivery from the carrier/courier or accept the delivery "with reservations".
6.2. The total price payable to the Seller will be indicated in the order and order confirmation email which the Seller sends to the Consumer.
6.3. If the Products are to be delivered to a country outside the European Union, the total price stated in the order and order confirmation, including indirect taxes (where applicable), is net of any customs duties and any other sales taxes, which the Consumer hereby agrees to pay, if required, in addition to the price stated in the order and order confirmation, as required by the laws in force in the country to which the Product will be delivered. For further information on any duties or taxes applicable in their country of residence or the destination of the Products, the Consumer is invited to check with the relevant authorities in their country of residence or the destination of the Products.
6.4. Any additional costs, charges, taxes and/or duties payable on the Products ordered under these Conditions in any given country, for whatever reason, shall be borne exclusively by the Consumer.
6.5. The Consumer hereby declares that, if they are unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above at the time they place the order with the Seller, this shall not constitute grounds for termination of this contract and such fees shall under no circumstances be charged to the Seller.
7.2. Payments for orders can be effected by credit card or PayPal under the conditions indicated below. The Seller may allow additional payment methods, indicating them in the payment section on the Website.
7.3. If payment is made by credit card, the Consumer will be redirected to a secure site and the credit card details will be communicated directly to Adyen N.v., organised under the laws of The Netherlands, headquartered at Simon Carmiggeltstraat 6-50 1011 DJ, Amsterdam, 34259528, The Netherlands, and Shopify International Limited, organised under the laws of Ireland, headquartered at 2nd Floor Victoria Buildings 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, operators that deal with payments on behalf of the Seller. The data transmitted will be sent securely, by way of an 128-bit SSL (SecureSocketLayer) encrypted transfer. These data are not accessible even for the Seller.
7.4. Orders may be paid for by way of a bank transfer to the Seller, whereby the Consumer shall use the "Swift" and "IBAN" codes indicated on the order confirmation, together with the order number.
7.5. The invoice/tax receipt relating to the purchase will be sent to the Consumer, where provided for by the laws in force, in electronic format to the e-mail address provided by the Consumer, if the products are to be delivered to a recipient within Italy, or attached to the product purchased in paper format in all other cases.
8.2. Direct action should be taken, in any case, to establish defects not intentionally concealed by the Seller within twenty-six months from when the Products were delivered to the Consumer. The Consumer can report any product defects and non-conformities by writing an email and sending it to the Seller's Customer Care service: email@example.com, clearly indicating the defect and/or non-conformity detected, along with the relevant documentation (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the receipt).
8.3. Upon receiving the Consumer's request and all relevant documentation, the Seller shall assess the defects and non-conformity reported by the Consumer via the Owner's service centre. After having carried out quality control tests in order to assess whether the Product is defective, the Seller shall, at their own discretion, decide whether to grant authorisation for the Products to be returned, responding to the Consumer via e-mail at the address they provided when registering on the website or placing the order. This email will contain the code for the return. Authorisation to return the Products shall, under no circumstances, infer acknowledgement of the defect or non-conformity, the presence of which will be assessed once the Products have been returned. The Consumer shall send the Products that the Seller has authorised to be returned, together with a copy of the authorisation for the products to be returned including the Returns Code, within 30 (thirty) days from the date on which the defect or non-conformity was reported, to the following address:
Stefano Serapian srl c/o Florence Luxury Leather srl
Via del Parlamento Europeo 7
50018 Scandicci (FI)
8.4. In the event of defects and/or non-conformities, the Consumer shall be entitled to have the Seller restore the conformity of the Product through repair or replacement, or by way of alternative remedies in the cases expressly provided for by the Consumer Code. If the Seller is obliged to refund the Consumer the price paid, the refund will be effected, where possible, using the same payment method that the Consumer used to purchase the product, or by bank transfer. The Consumer will therefore provide to the Seller, using the same e-mail address firstname.lastname@example.org, all necessary bank details for carrying out the transfer, to provide consent for the Seller to carry out the refund.
10.2. In order to exercise the right to cancellation, the Consumer shall, before the deadline indicated in paragraph 10.1 above, send an explicit declaration using the contact form or to the email address email@example.com, detailing their intention to exercise their right of cancellation, using the cancellation form enclosed.
10.3. Upon fulfilling the requirements of paragraph 10.2 above, the Consumer will, in the event that the product ordered has already been received, receive a confirmation email containing the returns form to be included in the package, along with the instructions on how to return the product, to be sent within and no later than 14 days to:
Serapian srl c/o Florence Luxury Leather srl
Via del Parlamento Europeo 7
50018 Scandicci (FI)
10.4. If the Consumer has received the product, they are required to return it to the address indicated above without undue delay and, in any event, within 14 days from the day on which notice of the intention to cancel was provided. The deadline shall be considered met if the Consumer returns the goods before the period of 14 days ends. The Consumer shall be responsible for the direct risks and costs involved in returning the goods as well as for providing proof of the return. If the Consumer exercises their right of cancellation via the Website and wishes to use the return service offered on the Website, the cost incurred to return the goods will be indicated before the cancellation request is confirmed.
10.5. If the Consumer withdraws from the contract, the payments received will be refunded, including the costs of delivery (with the exception of supplementary costs incurred if the Consumer has chosen a delivery method other than the least expensive type of standard delivery offered by us), without undue delay and, in any case, no later than 14 days from when the right of cancellation was exercised. Such refunds shall be effected using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests a refund via a different means of payment, in which case the Consumer will be charged any additional fees incurred as a result. We may withhold the refund until we have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever comes first.
10.6. The Consumer is liable if the goods reduce in value in any way as a result of them being handled in a way other than that required to establish the nature and characteristics of the goods and whether they work. Therefore, if the returned goods are found to be damaged (for instance, showing signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered tags and labels still attached to the product), and unaccompanied by the instructions/notes/manuals supplied, the original packaging and boxing and the warranty certificate, if any, the Customer shall be accountable for the decreased value of the product and shall be entitled to receive a refund equal to its residual value. To this end, it is highly recommended for Consumers not to handle the product over and above what is strictly necessary to establish its nature and characteristics and whether it works, and
to use the original product packaging, plus additional protective packaging that will keep it intact and protect it from writing or labels during transportation.
11.2. Unless prior written consent has been provided by Stefano Serapian S.r.l., Website content may not be reproduced, in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
12.2. The Consumer hereby declares and guarantees that the details provided to the Seller during the registration and purchase process are truthful and accurate.
12.3. The Consumer is entitled, at any moment in time, to update and/or amend the personal data they provided to the Seller via the "My Account" section on the Website, which can be accessed after logging in.
13.2. Where data in relation to payments made by credit card are concerned, the Seller uses the services provided by Global Collect Service BV, which implements technological systems to guarantee maximum levels of reliability, security, protection and confidentiality for information transmitted over the web.
14.2. In the event of a dispute between the Seller and Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3. As an alternative to the settlement proposed in art. 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, efficient, fast and fair ways of resolving disputes over contractual obligations which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU through the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative resolution procedures concerning a dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. If no settlement attempt is made, as under section 14.2 and 14.3, or the attempt is not successful, jurisdiction for all disputes shall be granted to the competent court in the Consumer's place of residence or domicile address.