TERMS OF SALE

GENERAL CONDITIONS OF SALE

GENERAL CONDITIONS

General conditions for the sale of TONIA® products ON THE WEBSITE TONIATRAMONTANO.COM.

1. Scope

(1) The firm Tramontano Maria Antonia (hereinafter referred to as TONIA®) sells products bearing the trademark TONIA® in all over the world.
(2) These General Conditions of Sale are applicable to all distance sales of TONIA® products on the website toniatramontano.com, including telephone assistance provided by Customer Service TONIA®. Distance sales, as regulated here, have been designed in accordance with the national laws in force and the European Directive on Consumer Rights (n. 2011/83 EU) as an active player in this system.
(3) The use of the distance selling service described here is reserved exclusively for consumers. The term “Consumer” should be understood as any natural person who concludes a legal transaction for purposes that are predominantly outside of commerce, business or profession. It is strictly forbidden to resell, rent or transfer for commercial or professional  reasons products purchased on the Site.
(4) TONIA® may modify these General Conditions of Sale at any time. Therefore, the Customer is invited to accept the General Conditions of Sale in force at the time of purchase, a copy of which will be sent to the Customer at the e-mail address provided by the Customer.
(5) These General Conditions of Sale are published on the Site for the knowledge, storage and reproduction by the Customer.
(6) It is understood that by placing an order on the website toniatramontano.com, the Customer fully and unreservedly acknowledges and accepts these General Conditions of Sale, which are an integral and substantial part of these premises.
(7) These General Terms and Conditions of Sale do not regulate the provision of services, nor the sale of products by persons other than TONIA®, even in cases where they are presented on the Official Website through links, banners or other hyperlinks. Therefore, before placing an order and/or purchasing products and services from parties other than the Supplier, the Customer is invited to verify the sales conditions applied. In no case may the Supplier be held responsible for the provision of services by third parties.
(8) Consult the Privacy Policy for information on the processing of Customers’ personal data.

2. Orders for products

(1) Orders can be placed directly by non-incapacitated adult persons.
(2) Orders can be placed in english from the website toniatramontano.com
(3) The Customer is required to provide TONIA® a valid e-mail address to which the requested information will be sent, the information required by these General Conditions of Sale and any information on the order.
(4) Any distance selling order placed by the Customer subject to these General Conditions of Sale may concern one or more products.
(5) TONIA® reserves the right to change at any time the limits for the quantity and/or types of products that can be purchased through distance sales.
(6) The Customer is responsible for the selection of items of interest. The Customer’s shopping cart and order summary sent to the Customer following completion of the purchase include a description of the products ordered, including sizes and dimensions (where applicable), and a digital photograph that allows a correct representation of the available products on the website.
(7) The Customer must click on the cart icon to view the selected items and the total price of the ordered items. The Customer is invited to verify the contents of the shopping cart before completing the purchase form according to the instructions provided on the website, and to confirm that he has read and accepted these General Conditions of Sale.
(8) If the Customer needs to modify (an item or quantity) or correct any errors in the order, he must follow the instructions on the Site.
(9) The products TONIA® are entirely handmade and subjected to personalized treatments. This process makes the product unique and unrepeatable.. Any imperfection or distinctive sign must be regarded as intrinsic elements of the product itself

3. Products’ price

(1) Product prices include all taxes and duties, shipping costs, unless otherwise specified on the toniatramontano.com website or on the order page.
(2) The price of each product is displayed to the customer before completing the order. All prices are in euros / local currencies as established on the toniatramontano.com website or on the order page and include VAT.

4. Order completion

1) The purchase procedure is complete once the Customer confirms the order. Upon confirmation, the order is sent directly to TONIA®.
(2) The customer can correct or cancel the order before completion, leaving the website without confirming the order.
(3) The General Conditions of Sale are always available on “My orders” on the website.
(4) TONIA® considers the Customer’s order binding once the entire purchase procedure has been correctly completed, without errors detected by the Site. The contract between TONIA® and the Customer is considered concluded when the Customer receives from TONIA® the confirmation of completion at the e-mail address indicated during the order process, sent in accordance with the purchase procedure.
(5) Before sending confirmation from TONIA® of the successful conclusion of the contract, TONIA® reserves the right to decide whether or not to accept orders that do not provide sufficient guarantees of solvency, which are incomplete or incorrect or whether the products are not available. In this case, TONIA® will inform the Customer that the contract has not been concluded and that it is not following up on the order, providing the reasons. The Customer is informed within 30 days of the transmission of the order. Any amounts already paid by the customer for the order will be refunded.
(6) Following the conclusion of the contract, the Customer will receive written confirmation of the order at the e-mail address indicated, indicating the number and date of purchase, the product ordered, the price, the amount paid, the right of withdrawal (except in cases where this right is excluded – Personalized Items), indicating the times and instructions for returning the goods, the postal address for complaints, information on customer service, legal and commercial guarantees and the right to use out-of-court resolution mechanisms for complaints or appeals.
(7) The Customer can access the order and these General Conditions of Sale in the “My orders” section, which also includes the history of past orders and from which it is possible to print these documents. The Customer can cancel the order by telephone to TONIA® Customer Service only until the products ordered have been prepared for shipment.

5. Terms of payment

(1) The Customer must make the payment through one of the methods indicated in the order form.
(2) For payment by credit card, the amount will be charged to the customer’s credit card when preparing the order for shipment.
(3) In order to prevent internet fraud, payments made through the toniatramontano.com website are managed online by the bank in question using the tools provided by Cybersource.
(4) This company is responsible for the safe storage and automatic processing of order data, including credit card data.
(5) For payment, the Customer must confirm on the toniatramontano.com website that he is the holder of the credit card and that the name indicated on the card is his; the Customer must provide the credit card number, the expiry date and the security key indicated on the card. Upon completion of the order, the customer’s bank may request confirmation of the data entered and that the credit card used has not been reported as lost or stolen. The validity of the Customer’s card can be confirmed through a payment authorization at a cost of € 1.00. This authorization is not a charge. TONIA® does not charge any amount to your credit card until the ordered items have been prepared for shipment.
(6) If, for any reason, the amounts owed by the Customer cannot be charged, the sales process and the sale are automatically canceled.

5.1 PayPal

(1) Without prejudice to the aforementioned article 4, payment for products purchased on the toniantramontano.com website can be made via PayPal. If the Customer chooses PayPal as the payment method, he will be redirected to the website www.paypal.com where it will be possible to pay for the products according to the procedure provided and regulated by PayPal and the contractual terms and conditions as agreed between the user and PayPal . The data entered on the PayPal website will be processed directly by PayPal; therefore they will not be sent to TONIA® or shared. TONIA® is therefore not aware of and cannot in any way record the details of the credit card connected to the Customer’s PayPal account or to any other payment instrument connected to that account.
(2) In case of payment through PayPal, the total amount due will be charged by PayPal to the Customer at the time of the conclusion of the online contract. In the event of termination of the purchase contract and for any other type of refund, for any reason, the refund will be credited to the Customer’s PayPal account. The time required to credit the payment instrument linked to this account depends exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, TONIA® cannot be held responsible for any delays or omissions in crediting the customer with a refund. To contest these cases, the Customer must contact PayPal directly.
(3) The Customer expressly acknowledges and accepts that, when entering his data on the PayPal website to make the first purchase, a specific procedure called “Reference transaction” will be automatically activated which, through a system of automatic customer recognition, will allow you to complete any future orders with PayPal without having to log in again with your credentials. The Customer may deactivate the “Reference Transaction” at any time on the specific section 3.11 (Cancellation of recurring payments) of the PayPal website.

6. Retention of title

(1) The delivered goods remain the property of TONIA® until receipt of the full payment.

7. Delivery

(1) After the transmission of the order through the toniatramontano.com website, the Customer can monitor the delivery of the order on “My orders” in the dedicated section.
(2) The Customer can contact TONIA® Customer Service by phone or e-mail and request information on delivery.
(3) The Customer may request delivery to the chosen natural person, whose residence or domicile is located in the Territory. No deliveries will be made to PO boxes, collection points or Poste Remaining addresses.
(4) At the Customer’s request, invoices can be printed from the Customer’s personal area on the toniatramontano.com website for a period of time indicated by TONIA® on a case-by-case basis. For any billing errors, contact TONIA® customer service.
(5) The items are delivered to the address indicated by the Customer only after recording the payment of the order. TONIA® processes orders within a maximum of 15 days from the date of the order, upon receipt of payment, except when TONIA® informs the Customer, within the same term, of the non-acceptance of the order.
(6) Shipments will be made by the DHL courier, which will take care of deliveries throughout the territory.only use the ordinary shipping service with the DHL courier: delivery will be made in 3-4 working days, up to 5-7 working days (depending on the place).
(7) Delivery terms are purely indicative.
(8) All shipping costs, including additional costs to be paid by the customer, are indicated in the order form at the time of purchase on the toniatramontano.com website. Additional shipping costs are not refunded in the event of an item exchange or return.
(9) The Customer can contact Customer Service if he wishes to change the delivery date. In any case, the e-mail sent by TONIA® to the Customer contains a tracking number and an exclusive link to trace the shipment in real time. TONIA® Customer Service can provide assistance for any delivery problem.

8. Warranty

(1) The liability of TONIA® for any defective material will be governed by the applicable legal provisions.
(2) An additional guarantee covers the goods supplied only if expressly provided for in the order confirmation of the article in question.
(3) The Customer cannot make claims for defective products if these are the result of a modification made by the Customer or by third parties, unless the Customer can prove that the defect already existed at the time of delivery.
(4) No charge will be made on the Customer’s credit card in case of cancellation of the order. If the charge has already been made on the credit card, the Customer will be immediately refunded. Similarly, if payment is made via PayPal at the time of the order, the customer will be immediately refunded in case of cancellation of the order.

9. Returns and refunds – Withdrawal

The customer’s right of withdrawal must be exercised as described below.
The right of withdrawal must be exercised by the Customer within 15 (fifteen) days from the date of delivery to the Customer or to third parties.
To exercise the right of withdrawal, the Customer must contact Customer Service or follow the online procedure and obtain a return code. Once the return code has been obtained, the Customer must contact the Courier for collection and apply the printed return label on the package.
In order for the return to be accepted by TONIA®, the products must be returned within 15 days from the date on which the Customer informed TONIA® of the desire to return the product purchased with the return form via the online procedure or by telephone to the Customer Service, to obtain a return code, and respecting the following conditions:

6. The products must be returned in their original packaging (box, accessories, plugs, protections, leaflets, etc.).
7. The products must be accompanied by the purchase receipt or invoice.
8. The products returned by the Customer must not have been damaged, used, worn or washed, but may have been manipulated and inspected to determine their nature and characteristics.
9. Safety labels and tags must still be attached to the products.
10. The damaged goods that are returned must be in the conditions in which they were received by the customer; the Customer must not attempt to modify it, handle it or repair it.

TONIA® reserves the right to refuse the return of products that have been damaged, which are incomplete, deteriorated and / or dirty or in any state that clearly indicates that the products have been used, products returned after the above deadline, or without of a return form.
TONIA® also reserves the right to request compensation for any damage caused by the negligent or malicious conduct of the Customer when returning the products. TONIA® cannot be held responsible for lost or stolen products outside of its control, or for returns to the wrong address, or for delays in the delivery of products returned outside of its control, it being understood that the Customer assumes all the risks of the return. The customer is also required to provide proof of return. In case of withdrawal, the Customer will be reimbursed for all payments made to TONIA®, according to the payment method chosen for the purchase, and for the product for which the withdrawal was exercised, delivery costs included (excluding additional expenses for the special deliveries described in article 5 above). TONIA® will refund these amounts upon receipt of the returned product or when the Customer proves to have correctly sent the product to TONIA®. Refunds are credited to the customer’s bank account connected to the credit card used by the customer for payment, or via PayPal. Refunds are free for the customer.

10. Limitation of liability

(1) Claims for damages by the Customer are excluded, with the exception of the following cases: Claims for damages resulting from injuries to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages deriving from an intentional or grossly negligent violation of duties by TONIA®, its legal representatives or its auxiliaries. The relevant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier is liable only for the foreseeable damages typical of the contract, if these are simply caused by negligence, unless the Customer requests compensation for damages for injury to life, body or health.
(3) The limitations in paragraphs (1) and (2) also apply to the legal representatives and auxiliaries of the provider, if the claims are directly asserted against them.
(4) The applicable product liability provisions remain unaffected

11. Product authenticity and intellectual property rights

(1) TONIA® guarantees the authenticity and quality of all products sold on the Site.
(2) TONIA® trademark, all figurative and non-figurative trademarks and in general all other trademarks, illustrations, images and logos present on TONIA® products, accessories and / or packaging, whether registered or not, are and will remain the exclusive property of Tramontano Maria Antonia with registered office in Via Giuseppe Ferrigni 28, 80121 Naples. The total or partial reproduction, modification or use of trademarks, illustrations, images and logos for any reason and on any medium is strictly prohibited without the prior and express approval of Tramontano Maria Antonia. This clause is not applicable to the private use of TONIA® products.
(3) Any combination of these brands with other brands, symbols, logos or any distinctive signs suitable for the creation of a composite logo is also prohibited.
(4) The total or partial reproduction, modification or use of drawings, models or patents owned exclusively by Tramontano Maria Antonia is also strictly prohibited.

12. Force majeure

(1) Provision of services by Tramontano Maria Antonia. they can be suspended in the event of unforeseeable circumstances or force majeure which prevent or delay their execution.
(2) TONIA® will inform the Customer of this unforeseeable circumstance or force majeure within seven days of its occurrence. If the suspension of the services lasts more than 15 days, the Customer can cancel the order and receive a refund of the amounts already paid.

SALES CONDITIONS FOR SPECIAL PRODUCTS
For some items, TONIA® also offers the following services:
a. Ability to order products not yet available in stores at the time of order (“Pre-ordered products”).
For Custom Products and Pre-ordered Products, the following applies:
a. Special conditions of sale indicated below, e
b. General conditions of sale indicated above insofar as they are not expressly or implicitly influenced by the following particular conditions.
The terms used that begin with a capital letter in these special conditions have the same meaning as the above General Conditions of Sale.

Article 1: Orders and Payment
For pre-ordered Products, the following applies:
a. Once the order has been sent by the Customer and confirmed by TONIA®, the Customer will be informed by e-mail of the acceptance of the order and subsequently of the shipment of the personalized products.
For the charge of the price of the Pre-ordered Products, the provisions of article 4 of the General Conditions of Sale apply, i.e. the credit card is charged at the time of preparation of the product for shipment.

Article 2: Delivery of pre-ordered products
The terms of delivery of the pre-ordered products are purely indicative. TONIA® informs the Customer of the shipment by e-mail as soon as the products are available. If the Customer purchases multiple pre-ordered Products with different

delivery dates in the same order, they will all be shipped together on the latest delivery date, or at the discretion of TONIA®, based on availability.

[Last updated July 21, 2020]

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