CONDITIONS OF SALE
1. Purpose
1.1. The present general conditions of sale regulate the purchase
and sale agreement relevant to any purchase made through the e-commerce
website www.toy-watch.com
(hereinafter: “Website”). The website, owned by ToyWatch S.p.A., with
registered office Via Fatebenefratelli 32 - 20121 Milano (hereinafter:
“Owner”), is managed by Triboo Digitale S.r.l., with registered office
in viale Sarca 336, 20126 Milan, Italian tax code, VAT number and
registration number with the Company Registry in Milan 02912880966
(“Triboo Digitale”).
1.2. Triboo Digitale deals with the sale of products through the
Website on behalf of the Owner. The purchases of the products made
through the Website foresee the parties being Triboo Digitale as the
seller (hereinafter: the “Seller”), and the party that proceeds with the
purchase of one or more products (hereinafter: the “Consumer”), the
(Seller and Consumer, hereinafter, referred to together as the
“Parties”).
1.3. The Owner is not a party to the present Contract, but the
owner of all of the rights to the name of the domain of the Website, the
logos, the registered trademarks, relevant to the products presented on
the Website, and owner of the copyright relevant to the Site and its
contents.
1.4. Any communication made by the Consumer connected and/or
related to the present contract - including any reports, complaints,
requests concerning the purchase and/or the delivery of the products,
the exercise of the right to withdrawal, etc. - must be forwarded to the
Seller to the addresses present on the Website and the e-mail address shop@toy-watch.com.
1.5. Each purchase is subject to the general conditions of sale
published on the Website at the time in which the contract is executed
pursuant to article 3 herein.
1.6. The Website is dedicated to retail sale and as such is
understood as being exclusively for the use of consumers. The
possibility to purchase products on the Website is, moreover, reserved
exclusively to the “consumer”, such as an individual that acts for
purposes outside of the entrepreneurial, commercial, artisan or
professional activity carried out. Persons which are not “consumers” are
asked to not place orders through the Website.
1.7. At the time of execution of the purchase order, the Consumer
accepts that the confirmation of the information relevant to the order
placed and the general conditions of the agreement contained within the
present agreement were forwarded by e-mail to the address declared by
the same at the time of registration with the Website. The Seller
reserves the right to not execute orders from parties other than the
“consumer”, or that are not in compliance with its commercial policy.
1.8. In order to validly execute the present agreement the age of
majority (18) and the legal capacity to act are necessary, which the
Consumer declares to possess.
1.9. Any expenses for the connection via Internet to the Website,
including telephone costs, according to the fees applied by the operator
of choice by the Consumer are exclusively the burden of the Consumer.
2. Characteristics of the products and their availability in the various geographic areas.
2.1. The products are sold by the Seller with the characteristics
that are described on the Website when sending the order on behalf of
the Consumer and in compliance with the general terms of sale published
on the Website at the time of sending the order, with the exclusion of
any other condition or term.
2.2. The Seller reserves the right to amend the present general
conditions of sale at any time, at his discretion, in compliance to the
laws in force. The products are offered at the general conditions of the
agreement indicated on the Website at the time of sending the order
until stock is sold out.
2.3. The prices and goods for sale on the Website are subject to
variation without prior notice. Moreover, prior to forwarding the
purchase order pursuant to the following point 3 herein, it is requested
that the Consumer verify the final sale price.
2.4. The Seller reserves the right, without prior notice, to modify
the goods present on the Website or to modify the characteristics at
any time and without prior notice or obligation.
2.5. The Seller reserves the right to make modifications and
improvements to any good offered on the Website, without the obligation
to make such modifications to goods already sold.
2.6. Users from all over the world can access the Website and the
Website may contain references to goods that are not available or cannot
be purchased in the country from where the Website is being viewed.
2.7. The products present on the Website are for sale, they are
reserved for the sale exclusively within the countries indicated in the
list present on the Website at the time of the order.
3. Execution of the agreement.
3.1. The presentation of products on the Website, not binding for
the Seller, does not represent merely an invitation to offer nor offers
to the public.
3.2. The purchase order forwarded by the Consumer to the Seller
through the Website is valid as a proposal of contract, which forms an
integral part of the order itself and that the Consumer, by means of
forwarding the order to the Seller, must accept in its entirety without
any type of reserve. Before purchasing the products, by sending a
purchase order, the Consumer shall be asked to attentively read the
present general conditions of sale and the information regarding the
withdrawal right, to print a copy by using the print button and to save
or reproduce a copy for personal use. Moreover, the Consumer shall be
requested to correct any errors made when entering his personal data.
3.3. The purchase order of the Consumer is accepted by the Seller
with the forwarding to the Consumer, to the e-mail provided by the same
to the Seller at the time of registration to the Website, of a
confirmation e-mail for the order, which shall redirect to the link with
the present conditions of sale, the summary of the order made and the
description of the product ordered. The Consumer order, the confirmation
of the order by the Seller and the general contractual conditions
applicable to the relations between the Parties shall be electronically
archived by the Seller on his computers and the Consumer can request a
copy of the same by sending a communication to the Seller at the
following e-mail address shop@toy-watch.com.
3.4. The contract is understood as executed when the Consumer
receives the receipt for the order from the Seller via e-mail. Pursuant
to the laws in force, the order and the receipt for the order are
considered received when the parties to which the same are addressed
have the possibility to access the same.
4. Procedure for the selection and purchase of products.
4.1. The products proposed on the Website can be purchased through
the purchase procedure present on the Website. Such procedure provides
for the selection of products of interest by the Consumer, with the
insertion of the same into a specific virtual shopping cart. Once the
products have been selected, in order to purchase the selected products
and place them into the cart, the Consumer shall be asked to register
with the Website, supplying the requested information, or to login,
should the Consumer already be registered or to provide his information
in order to complete the order and consent the execution of the
contract. In order to consent the purchase, the Consumer shall be
requested to confirm his information (by way of example and not limited
to: name, surname, etc.), as well as the address for the delivery of the
selected products, billing address and a telephone number for
communications relevant to the purchase made, should the information be
different from that provided at the time of registration. The Consumer
shall see a summary of the order to be made, of which the same can
modify the contents: therefore, the Consumer, subsequent to reading
attentively, must expressly approve the present general conditions of
sale, by checking the specific check-box on the Website and finally, by
clicking on the button “Insert Order”, the Consumer shall be asked to
confirm his order, which in turn shall be sent to the Seller and will
produce the effects described in the previous paragraph 3.2 of the
present agreement. The Consumer shall also be asked to select the
shipping and payment method, amongst those available. In the event that
the Consumer chooses the immediate payment method (at the time of
purchase), with credit card, PayPal or any other method of payment
indicated on the website, it shall be mandatory for the same to
communicate his personal information through a secure connection. For
accounting and administrative purposes, the Seller reserves the right to
verify the personal information supplied by the Consumer. In the event
that the payment is made by credit card, the purchase amount shall be
charged exclusively upon receipt of the order by the Seller.
5. Delivery and acceptance of goods.
5.1. Generally the Website indicates the availability of each
product and delivery times of the same, nevertheless, such information
is to be deemed as purely indicative and not binding for the Seller.
5.2. The Seller undertakes to do that which is in his power in
order to respect the delivery times indicated on the Website and, in any
case, carry out the delivery in a maximum time frame of 30 (thirty)
says from the communication to the Consumer of the order confirmation
except for goods not available in the warehouse, being an advance order
on behalf of the Consumer, in this case the delivery shall be carried
out within 30 (thirty) days starting from the date in which the goods
become available. Relevant to the latter assumption, the consumer shall
have the right to exercise the withdrawal until receiving the
communication, forwarded by the Seller, of the availability of the same
at the warehouse.
5.3. Not being able to guarantee the availability of the products
displayed on the Website, in the event that a product ordered by the
Consumer is not available, the Consumer shall be promptly informed by
the Seller and any payment already made by the Consumer shall be
promptly reimbursed.
5.4. The shipping of the products ordered by the Consumer shall
occur in compliance to the conditions selected by the Consumer, among
those available and indicated on the Website at the time the order is
shipped. The Consumer undertakes to check without delay, and in any case
within and not beyond 3 (three) days from the receipt of the products,
that the delivery is correct and includes all and only the products
purchased and to inform within such time the Seller of any defects to
the products received or of their deformity in respect to the order
made, pursuant to the procedure in art. 9 of the present agreement. In
the event that the box or packaging of the products ordered by the
Consumer arrives at their destination with obvious signs of damage, the
Consumer is requested to refuse delivery on behalf of the
carrier/freight forwarder or to accept the delivery “subject to
verification”.
5.5. Once the term pursuant to the previous paragraph 5.4 has
expired the products are considered definitively accepted by the
Consumer.
6. Prices, shipping costs, taxes.
6.1. The price of the products is that indicated on the Website at
the time when the Consumer sends the order. The prices of the products
indicated on the Website are inclusive of VAT, they do not include
delivery charges, which are calculated prior to the confirmation of
purchase by the Consumer and that the same Consumer undertakes to pay to
the Seller in addition to the price indicated on the Website and do not
include any taxes or duties due in compliance to the conditions and
terms established by each individual State of delivery of the goods.
6.2. On the basis of the country to which the products have to be
delivered the Website shall show, during the order creation process, the
relevant delivery costs that the Consumer undertakes to pay in addition
to the price of the products ordered.
6.3. The Consumer must pay the total price to the Seller, the price
which is printed on the order and confirmed in the order confirmation
forwarded by e-mail by the Seller to the Consumer.
6.4. In the event that the products must be delivered to a country
not belonging to the European Union, the total price indicated in the
order and repeated in the order confirmation, inclusive of VAT, is net
of any customs taxes and any other sales tax, which the Consumer
undertakes from this moment onwards to pay, where due, in addition to
the price indicated in the order and confirmed in the order
confirmation, pursuant to the provisions of the law of the country in
which the products are to be delivered. The Consumer is requested to
obtain information from the competent bodies of their country of
residence or destination of the products in order to obtain information
on any duties or taxes applied in the country of residence or
destination of the products.
6.5. Any other cost, charge and tax that any country may apply for
any reason to the products ordered based on the present agreement are
exclusively the burden of the Consumer.
6.6. The Consumer declares that not being aware of the costs,
charges and taxes mentioned in paragraphs 6.4 and 6.5, at the time of
sending the order to the Seller cannot constitute cause for the
termination of the present agreement and the same cannot in any way
charge the above-mentioned to the Seller.
7. Payments.
7.1. Orders placed through the Website can be paid by credit card
or PayPal, pursuant to the conditions described here below. The Seller
can permit other forms of payment by indicating them in the payments
section of the Website.
7.2. In the event that the payment is made by credit card the
Consumer shall be transferred to a secure website and the credit card
details are directly communicated to Globalcollect, the operator which
takes care of the payments on behalf of the Seller. The data provided
will be sent in secure mode, through the transfer of encrypted data with
SSL (SecureSocketLayer) at 128 bits. Such data is not even accessible
by the Seller.
7.3. The orders, in the countries where it is foreseen, can be paid
by bank wire transfer in favour of the Seller with the indication of
the “Swift” and “IBAN”, stated in the order confirmation. The Consumer,
in the case of payment by bank wire transfer, expressly agrees that the
execution of the agreement on behalf of the Seller shall begin at the
time when the amount paid for the product/products purchased is credited
to the bank current account of the Seller: in the event that during
the time frame between the sending of the order and the credit of the
bank wire transfer for the price of the product/products purchased such
product/products are no longer available, the Seller shall reimburse the
amount paid by the Consumer pursuant to the provisions of paragraph 5.4
of the present agreement and the contract between the Parties shall be
considered as not having been executed without the Consumer being able
to make any claims towards the Seller.
7.4. The Seller shall promptly inform the Consumer by e-mail to the
address declared by the same at the time of registration with the
Website, the invoice/tax documentation relevant to the purchase made, in
the event that the products purchased are to be delivered within Italy
or enclosed in paper format to the products purchased in all other
cases.
8. Legal guarantee of compliance by the Seller, reporting of apparent defects and warranty interventions.
8.1. Pursuant and in compliance to the European Directive 44/99/EC
and the Italian Legislative Decree 206/2005 (Consumer Code), the Seller
provides a legal guarantee to the Consumer on the product for any defect
of compliance in respect to the purchase and sale agreement which
should arise within 24 (twenty-four) months from the delivery to the
Consumer of the product.
8.2. The legal guarantee permits the Consumer, in the case of
defects of compliance of the product, to obtain, by directly contacting
the Seller, within a reasonable time frame in consideration of the
nature of the product, the repair (when and where possible), the
substitution of the product, the reduction of the price or the
termination of the agreement.
8.3. Improper use of the product that is not in compliance with the
product and the instructions/warnings in this regard supplied by the
Seller and/or the manufacturer of the product are in any case not
covered by the guarantee.
8.4. Any report of apparent defects of the product must be
presented together with proof of purchase of the product from the Seller
(receipt issued by the Seller or payment receipt).
8.5. In the context of the term pursuant to the previous paragraph
8.1, the reporting of an apparent defect must be forwarded by the
Consumer within and not beyond 10 (ten) days from the date in which the
apparent defect was identified.
8.6. The reporting of an apparent defect must be forwarded by the Consumer to the Seller via e-mail to the following address shop@toy-watch.com; the Seller shall promptly inform the Consumer of the methods by which to return or make the product available.
8.7. The Seller, through the service of assistance of the
manufacturer of the products, shall perform quality checks in order to
verify the effective non compliance of the product itself and shall
provide feedback to the Consumer via e-mail, given during the process of
registration to the Website.
8.8. In the event of the ascertained non-compliance of the product,
the Seller shall provide to refund the Consumer for the cost of the
product inclusive of the shipping costs for the return of the
non-compliant product or, alternatively, without any cost to the
Consumer, to repair the product or substitute the same with a new
product; in the latter assumption, the non-compliant product returned
shall remain the property of the Seller.
8.9. The above-mentioned refund shall be executed by the Seller to
the Consumer by means of ban wire transfer or, where possible, by the
same means of payment used by the Consumer at the time of purchasing the
product. It shall be the responsibility of the Consumer to communicate
to the Seller, always via e-mail to the address shop@toy-watch.com,
the banking information in order to execute the bank wire transfer in
his favour and to ensure that the Seller is in a condition to be able to
return the amount owed.
9. Responsibility for damages caused by defective products.
9.1. For that which regards any damages caused by a defective
product the provisions of the European Directive 85/374/EC and the
Italian Legislative Decree 206/2005 (Consumer Code) are applicable. The
Seller, as distributor of the products through the Website, holds itself
harmless from any responsibility, excluding and without exception for
any type, by indicating the name of the manufacturer of the product.
10. Right to withdraw.
10.1. The Consumer has the right to withdraw from the present
agreement, without penalty, within 14 (fourteen) business days starting
from the day of receipt of the ordered products, for any reason and
without having to justify its decision. In the event of the above the
Seller shall retain, with the responsibility remaining exclusively that
of the Consumer, the shipping expenses and any taxes in order to
reimport the product.
10.2. The Consumer can exercise the withdrawal right, within the
above-mentioned time frame, by sending an explicit declaration of
withdrawal to customer care via e-mail to the following address shop@toy-watch.com. The Consumer shall be given a Form with the relevant Return Code.
10.3. In order to validly exercise the withdrawal right, where the
shipment or delivery of the products ordered has already taken place, it
shall be the responsibility of the Consumer to return the same within
the mandatory period of 14 (fourteen) business days from the receipt of
the product or 14 (fourteen) business days from the sending of the Form
and the Return Code, together with the correctly filled in Return Form
and complete with the Return Code supplied, sending or delivering the
same to the following address:
Triboo Digitale Srl c/o ArceseLog
Via Groane n. 620031 Cesano Maderno (MB) – Italia.
10.4. It remains understood that the risks and costs of
transportation relevant to the return of the products to the Seller
shall be the responsibility of the Seller.
10.5. In order to validly exercise the withdrawal right, the
products must be delivered or in any case must arrive to the Seller
intact (without signs of wear, abrasions, scratches, deformations,
etc.), complete with all of their elements and accessories, together
with the enclosed instructions/notes/manuals, with the original boxes
and packaging and, where present, the warranty certificate. In absence
of the above the Consumer shall not have the right to the reimbursement
of the amount paid. For this purpose, therefore, we recommend covering
the original packaging of the products with another protective packaging
that preserves the integrity of the same and protects it during the
transportation from writing or stickers.
10.6. The Seller shall accept the delivery of the returned
products, reserving the right to verify that the same are returned in
the conditions described in the previous paragraph 10.5.
10.7. In the event that the verification of the returned products
has a positive outcome and the withdrawal right has been validly
exercised within the terms and pursuant to the conditions provided, the
Seller shall provide to reimburse free of charge to the Consumer the
entire amount paid for the purchase of the products, including delivery
charges previously sustained by the Consumer for the purchase itself, in
the least time possible and in any case within 14 (fourteen) days from
the date in which the Seller became aware of the exercise of the
withdrawal right on behalf of the Consumer.
10.8. The above-mentioned refund shall be executed by means of a
bank wire transfer in favour of the Consumer, it shall be the
responsibility of the Consumer to communicate to the Seller, by filling
out the specific Return Form, the banking information to make the bank
wire transfer in its favour and to ensure that the Seller is in a
condition to be able to return the amount due. In the event that the
payment was made by credit card, the above-mentioned return shall be
executed within the terms indicated directly through the refund of the
amount due to the credit card used by the Consumer for payment.
11. Other cases of return.
11.1. In the event that the Consumer verifies, within the term
pursuant to the previous paragraph 5.4., that the product received
arrived defective or not corresponding to the product ordered, the
Consumer can report it, always within the above-mentioned term, to the
Seller by sending a communication via e-mail to customer care at the
following address shop@toy-watch.com. The Consumer shall be given a Return Form with the relevant Return Code.
11.2. The Seller, having carried out the suitable verifications,
shall request that the Consumer return the product within 14 (fourteen)
days from the placing of the order, together with the Return Form and
complete with the Return Code provided, sending it or delivering it to:
Triboo Digitale Srl c/o ArceseLog
Via Groane n. 620031 Cesano Maderno (MB) – Italia.
11.3. The product must be delivered or in any case must arrive to
the Seller intact (without signs of wear, abrasions, scratches,
deformations, etc.), complete with all of their elements and
accessories, together with the enclosed instructions/notes/manuals, with
the original boxes and packaging and, where present, the warranty
certificate and in any case in the same conditions in which it arrived
to the Consumer. On the contrary, the Consumer shall not have the right
to any refund. For this purpose, therefore, we recommend covering the
original packaging of the products with another protective packaging
that preserves the integrity of the same and protects it during the
transportation from writing or stickers.
11.4. Subsequent to the verification of the product returned on
behalf of the Seller, should the necessary conditions exist, the latter
shall provide for the reimbursement of the shipment costs sustained for
the return of the product and to send to the same, at no extra charge, a
new product or the product actually ordered within the least time
possible, providing the same is available; on the contrary, only the
price paid for the defective product shall be refunded.
11.5. The above-mentioned refund shall be executed by means of a
bank wire transfer in favour of the Consumer, it shall be the
responsibility of the Consumer to communicate to the Seller, by filling
out the specific Return Form, the banking information to make the bank
wire transfer in its favour and to ensure that the Seller is in a
condition to be able to return the amount due. In the event that the
payment was made by credit card, the above-mentioned return shall be
executed within the terms indicated directly through the refund of the
amount due to the credit card used by the Consumer for payment.
12. Intellectual property rights.
12.1. The Consumer declares to be informed that all of the contents
present on the Website are protected by copyright and other provisions
in force relevant to intellectual property: all of the rights are the
exclusive property of ToyWatch S.p.A
12.2. The contents of the Website cannot be reproduced, neither
fully nor partially, transferred by computer or conventional means,
modified or used for any purpose without prior written consent from
ToyWatch S.p.A.
13. Consumer data and data protection.
13.1. In order to proceed with registration, the sending of the
order and, therefore, the execution of the present agreement, various
personal data of the Consumer are requested. The Consumer formally
acknowledges that the personal data supplied shall be registered and
used by the Seller and ToyWatch S.p.A, in compliance and pursuant to the
regulations of the Italian Legislative Decree 196/2003 and subsequent
amendments and integrations. - Data Protection Code, in order to execute
the present agreement and, subsequent to prior consent, for any other
activities as indicated in the specific information regarding data
protection supplied to the Consumer through the Website at the time of
registration.
13.2. The Consumer declares and guarantees that the data supplied
to the Seller during the registration stage and correct and truthful.
13.3. The Consumer, at any time, can update and/or amend the
personal data supplied to the Seller within the specific section of the
Website “My Account”, accessible subsequent to authentication.
13.4. For any other information regarding the methods of processing the personal data of the Consumer, please visit the Privacy Policy section and attentively read the General conditions of use.
14. Security.
14.1. Although the Seller shall take measures to protect personal
data against its loss, falsification, manipulation and misuse by third
parties, due to the characteristics and technical limitations relevant
to the protection of electronic communications via Internet, the Seller
cannot guarantee that the information or data visualised by the Consumer
on the Website, even subsequent to the Consumer having logged in, are
not visible or accessible by unauthorised third parties.
14.2. The Seller, with reference to the data relevant to payment
with Credit Card avails itself of the services of the company
Globalcollect which implements technological systems in order to
guarantee the maximum levels of reliability, security, protection and
confidentiality in the transmission of information via web.
15. Force majeure.
15.1. The Seller shall not be liable in the event of total or
partial default of its obligations provided within the present agreement
should such default be caused by unpredictable and/or natural events
out of his reasonable control, including, by way of example but not
limited to, catastrophic natural events, acts of terrorism, wars,
revolutions, power failure, general labour strike in the public/private
sector, strike and/or restrictions of traffic conditions for couriers
and air links.
16. Applicable law and competent court.
16.1. The agreement shall be regulated and interpreted pursuant to Italian Law.
16.2. The Parties mutually agree that the application of the United
Nations Treaty on contracts for the international sale of goods is
expressly excluded.
16.3. For every dispute deriving from the present agreement or
relevant to the same, the competent court shall be a) the Court of the
place of residence or domicile of the Consumer, if “consumer” pursuant
to the laws in force; b) in every other circumstance, exclusively the
Court of Milan, Italy.
16.4. For all that is not expressly provided for herein, the
provisions of the Italian Law shall be applicable and in particular, for
consumers, the provisions in Section I, Chapter III, of the Italian
Legislative Decree 206/2005 and and subsequent amendments and
supplements. (Consumer Code).
17. Transfer
17.1. The Parties cannot in any way transfer their rights and
obligations arising from the present agreement to third parties without
prior written consent from the other party.
18. Validity of the clauses.
18.1. The headings of the clauses uses herein are to be considered
as purely indicative and do not have any effect relevant to the
identification of the contents and the interpretation of the present
agreement.
18.2. The present conditions do not prejudice the rights attributed
by the Italian law to the Consumer, which acts as a consumer, or the
rights guaranteed to the same by the provisions of the law to which it
is subject.
18.3. In the event that one of the clauses or part of a clause of
the present general conditions be deemed invalid because in contrast or
against a law, all of the other clauses of the present agreement or
parts of the dame clause shall remain fully valid and effective.
19. Final provisions.
19.1. The present agreement substitutes all contracts, agreements
and understandings previously in force between the Parties and, together
with the order, order confirmation and the general conditions relevant
to the use of the Website, constitute the entire agreement between the
Parties relevant to the purpose of the present agreement.
19.2. The Consumer declares to not having been induced to adhere to the present agreement by previous verbal declarations.
19.3. Any variation or amendments to the present agreement must be accepted in writing by both Parties.
