Introduction
Distance sales of goods on this Ecommerce, provided by ILTEX S.r.l., Fiscal Code 01970880132 and VAT no. 13169870154, Economic and Administrative Index no. 1620332, with legal office in Via Gabrio Serbelloni, 14 - 20122 Milano (MI), (hereinafter “ILTEX”) to the Client are governed by these general terms and conditions of sale (hereinafter “Terms and Conditions”).
The Terms and Conditions may be amended by ILTEX, it being understood that, in any event, the relationship with the Client will be governed by the provisions of the Terms and Conditions published at the time of completion of the Order by the Client.
Please read the Terms and Conditions and pay particular attention to that which is provided in relation to the right of termination.
The Terms and Conditions are available both in Italian and in English. In the event of discrepancy between the two versions, the Italian version will prevail.
1. Definitions
The terms and phrases listed herein have the meaning shown below, it being understood that the terms defined in the singular are defined also in the plural and vice versa.
Reserved area: area of the Ecommerce, given in exclusive use to the Client, through which the latter may, prior authorization, access specific functions made available by ILTEX.
Client: any Consumer accessing the Ecommerce.
Consumer: any natural person of legal age or aged eighteen acting on the Ecommerce for purposes not pertaining to his or her entrepreneurial, commercial, artisan or professional activity carried out, if any.
Ecommerce: virtual shop available at the URL www.toosh.it through which the Goods may be purchased.
Order: the duly completed request sent to the Client and received by ILTEX for the purchase of the Goods.
Goods: articles offered by ILTEX through the Ecommerce platform.
2. Subject-matter of the Sale
The Terms and Conditions regulate the online sale of the Goods by ILTEX to the Client.
The essential characteristics of the Goods are presented on the Ecommerce in each Good’s fact sheet. The pictures of the Goods offered for sale reproduce as faithfully as possible the actual characteristics of the goods themselves, including colour and craftsmanship. However, such pictures may not exactly correspond to reality, also due to technical reasons.
Consequently, ILTEX will not be held responsible if the pictures of the Goods do not perfectly match reality.
ILTEX reserves the right not to accept Orders that appear to be anomalous as to the Client’s identity, the quantity of Goods purchased or the frequency of the purchases.
The purchased Goods may be delivered to European Union Member States only.
The sale of Goods is exclusively reserved to Consumers. It is explicitly forbidden for subjects other than Consumers, as defined in the definition given herein above, to purchase Goods through the Ecommerce.
ILTEX reserves the right, at its sole and absolute discretion, not to process Orders from persons who are not Consumers or, in any case, Orders that are not in line with its commercial policy, notifying, if possible, the person who sent the Order..
3. Operations preliminary to the purchase
This Clause applies only to Clients who were not previously registered on the Ecommerce.
3.1 Registration: In order to be able to buy the Goods, a prior registration procedure must be completed. In order to be registered, the Client must duly fill in and submit to ILTEX the registration form, through the tools made available from time by time. The Client must provide true and complete personal information.
The registration will be effective only once the confirmation procedure is completed, through the opening of the link sent by ILTEX to the Client at the e-mail address indicated by the Client when filling in the form. At the end of the Registration, a dedicated Private Area will be created to be used by the Client, through which he or she will be able to see his or her Orders, access certain functions and amend his or her credentials.
3.2 Terms and Conditions: At the end of the Registration phase, the Client will be able to make purchases through the Ecommerce portal. Before proceeding to such operations, the Client must read the Terms and Conditions – paying particular attention to the clauses concerning the right of termination – print a paper copy and save another copy on a long-term support, in order to be able to access it in the future for a period of time that is adequate for the purposes for which they are destined and which allows the identical reproduction of the memorized information. In addition, the Client must always store a copy thereof and also carry out backup operations.
4. Sending the Order
To purchase the Goods the Client must send ILTEX an Order.
Once the Client has chosen the Good he or she wishes to buy, the Client will proceed to add it to the Cart, according to the procedure made available on the Ecommerce. The operation may be repeated in order to add additional Goods to the Cart. Once the selecting process is completed, the Client may send the Order from his or her Private Area by filling in the electronic Order form, sending it to ILTEX via electronic transmission and following the instructions given on the Ecommerce.
The Client must indicate in the form:
- The shipping address;
- The shipping method, among those made available, for example express courier or ordinary post;
- The address and invoicing data;
- The method of payment, choosing between credit card or PayPal;
- Any other information ILTEX considers to be necessary for carrying out the activities.
Before sending the Order form, the Client must identify and correct possible mistakes made when filling in the data and verify the selected Goods. Furthermore, the Client must verify the final purchase price before sending the form, it being understood that the price applied to the Good will be the one shown at the time of the Order.
Once the Order operations are completed, the Client will receive an e-mail at the specified address, including:
- The order receipt;
- The recap of the information already included in the Order form;
- The information regarding the termination right and how to exercise such right
In this regard, the Client must verify the safe receipt of such documentation, checking, if necessary, his or her spam box.
During the Order confirmation phase, before payment, the Client must read the copy of the Terms and Conditions – inserted in a file in pdf format in a hyperlink– and accept it by ticking the dialog box.
Once the Terms and Conditions are accepted according to the procedure shown herein, the sale will be completed and ILTEX will process the Order.
Occasionally, there may be problems regarding the availability of certain Goods. In such case, ILTEX will promptly inform the Client, who will be given the choice to either purchase a product of the same nature to the one that is unavailable or to cancel the Order. Should the Client decide to cancel the Order, he or she will not be charged. Should the purchase have already been charged, the Client will be reimbursed.
The kind of Goods published and their availability may vary at any time. In such regard, ILTEX will not be held liable towards the Client.
ILTEX has the right not to process Orders containing incomplete or incorrect data or if the Goods are unavailable
5. Security measures
The credentials to access the Private Area may only be used by the Client and may not be transferred to third parties. The Client undertakes to keep the credentials confidential and to ensure that no third party may have access to them, by adopting all appropriate security measures so as to reduce to the minimum the risks of unauthorized, non-allowed or non-compliant access to his or her Private Area, promptly informing ILTEX should he or she suspect an undue use, an unauthorized or unpermitted access to his or her Reserved Area.
6. Goods Warranties and legal warranty of conformity
Each Good sold via the Ecommerce is subject to the legal warranty of conformity, given directly by ILTEX, in compliance with the law.
ILTEX will be liable if the lack of conformity manifests itself within two years from the delivery of the Good.The Client must enforce the legal warranty directly within two months as from the discovery of the lack of conformity, by sending ILTEX a registered letter with return receipt or by equivalent means, specifying the defect found. The Client is therefore required to keep proof of purchase of the Good. Unless otherwise proved, it is assumed that defects that appear within six months as from the delivery of the Good already existed at such date, unless such hypothesis is incompatible with the nature of the good or the nature of the defect.
Once the defect has been reported, ILTEX reserves itself to offer the Client the necessary remedies available.
In the event of a defect, the Client has, in any case, the right to be reinstated, free of charge, of the conformity of the good through repair or replacement or to an adequate reduction of the price or to the termination of the agreement entered into with ILTEX. The Client may ask ILTEX, at his or her choice, to repair the good or to replace it, in both cases free of charge, unless the required remedy is objectively impossible or extremely burdensome compared to the other.
A minor lack of conformity, for which it was impossible or extremely burdensome to carry out the repairing or substitution, does not give, in any case, the right to terminate this agreement.
7. After-Sale Assistance
After-sale assistance is provided directly by ILTEX that may be contacted for any need at the addresses shown in Clause 16.
8. Prices
The Goods’ prices and their shipping expenses may be subject to updating and are to be intended as including VAT and will be expressed in Euro. The prices of the Goods are indicated in the Good’s fact sheet.
Taxes and other levies are indicated in the Order form.Shipping expenses are already included in the price indicated in the Good’s fact sheet.The prices indicated in the Good’s fact sheet are valid until the completion of the purchase procedure.In the event the price of a Good is discounted and the discount percentage and/or the full price is indicated, such indication will refer to the price normally used in E-commerce.
Additional taxes, levies, duties and other charges pursuant to the law of the State where the Goods will be delivered, will be entirely debited to the Client, who will pay the amount due upon delivery of the Goods, directly to the competen Fiscal or Custom Authorities or to the courier in charge of delivery.
9. Methods of payment
The Client may pay the amount due through the methods of payment indicated.
Payments made by credit and debit card, Visa, Amexco and MasterCard circuits, as well as PayPal circuit, are accepted. ILTEX reserves the right to change, at any time, the methods of payment that the Client may use, it being understood that the ones published on the Ecommerce when the Client sent the Order may be used.
If payment is made by credit card, the Client will be charged once the data of the credit card has been verified and once the Company emitting the credit card has authorised the payment.
The credit card information sent when making the Order is protected and sent directly to the bank that manages the payments. Payment is made directly on safe server, with a SSL cryptic key, in order to guarantee the absolute safety of the transaction. If payment is made by PayPal, when the Client sends the Orders, the web session is transferred to the safe PayPal website.
On such website, the Client may complete the payment of the price using his or her PayPal count according to the conditions of use of the PayPal service.
The price is charged to the Client’s PayPal account at the same time of confirmation of the Order. In no case will the price of the Goods vary depending on the method of payment chosen.
10. Shipment and delivery of the Goods
ILTEX undertakes to ship the Goods within 10 working days as from the conclusion of the purchase.
The terms of delivery indicated herein must be considered not binding, non-essential and merely ordinatory. Therefore, ILTEX shall, in no event, be held liable for not complying therewith. ILTEX guarantees the shipment of the Goods, via express courier from time to time selected according to the Good that is being ordered and the place of destination, considering the address indicated by the Client at the time of registration or a different address indicated by the Client at the time the Order is submitted.
The Client must verify at the time of delivery of the Good that the packaging and/or the wrapping, including the closing material, is intact, not damaged, wet or altered in any other way.
Any damages to the Goods’ packaging or wrapping must be immediately reported by the Client by placing on the courier’s confirmation of delivery a notice of reserve to further inspect and must be communicated to ILTEX by e-mail, registered letter with return receipt or by equivalent means. On the contrary and, in particular, once the courier’s document has been signed with no remarks, the Client may no longer raise any objections regarding alleged damages and defects of the Good deriving from transportation.
11. Right of termination
The Client has the right to terminate the Agreement entered into with ILTEX pursuant to the Terms and Conditions, without stating the reasons therefor and with no penalty, within 14 (fourteen) days, starting from the day on which the Client or a third party, other than the assigned carrier, acquires the physical possession of the Good.
The date indicated on the courier’s document will be evidence of such date. The Good must be returned intact in a fear wear and tear condition.
The Client will not have the right to the reimbursement if the right of termination is not exercised in compliance with the provisions of this Clause.
The right of termination shall be exercised by the Client by sending ILTEX a written communication by registered letter with return receipt or any equivalent means, expressing the clear and express wish to exercise the right of termination in compliance with this Clause, as well as indicating the Order number that he or she wishes to terminate. In order to respect the termination deadline, it is sufficient that the Client send the communication concerning the exercise of the right of termination before the expiration of the termination deadline.
Such notice may be sent by telegram, telex, e-mail or fax, to which a confirmation by registered letter with return receipt or by equivalent means will necessary follow within the following forty-eight (48) hours.
If the Client decides to exercise his or her right of termination, he or she shall return the Goods to ILTEX without undue delay and, in any case, within the maximum term of 14 (fourteen) working days, starting from the date of the termination notice. The term is respected if the Client ships the Goods before the expiration of the period of 14 (fourteen) days starting from the sending of the termination notice.
The Goods must be returned to the following address:
ILTEX srl
Via San Fermo, 66
22041 Colverde loc. Parè (CO)
Italy
ILTEX may, at any time, request a copy of the document attesting the shipment of the Good by the Client.
If the Client terminates the agreement, all of the payments that he or she made in favour of ILTEX shall be reimbursed, including the shipment costs (excluding supplementary costs due to the shipment methods chosen by the Client when completing the Order), without undue delay, and, in any case, no more than 14 (fourteen) days as of the day on which ILTEX was informed of the decision to terminate.
Such reimbursements will be made by using the same payment method used for the first transaction, unless the Client expressly notified ILTEX of a different method. In any event, the Client shall bear no costs as a result of such reimbursement.
The reimbursement may be suspended by ILTEX, at its own discretion, until the Goods have been received or until the Client proves to have correctly reshipped the Goods. The costs connected to the return of the Goods are entirely borne by the Client.
12. Applicable law
The sale completed pursuant to the Terms and Conditions is governed by Italian Law, without prejudice to any different imperative provisions of law that prevail in the Client’s country of residence.
13. Competent Court
In the event of a dispute concerning the validity, the interpretation and/or the application of the Terms and Conditions, the competent Court will be the Court of the place of domicile or residence of the Client, if he or she resides in the European Union. If the Client is not resident in the territory of the European Union, the Court of Milan will have exclusive jurisdiction.14. Nullità ed inefficacia di clausole
L'invalidità e/o la nullità e/o l’inefficacia di una o più disposizioni dei Termini e Condizioni non comporterà l'invalidità e/o la nullità e/o l'inefficacia dei Termini e Condizioni.
14. Invalid and ineffective clauses
The invalidity and/or the nullity and/or the ineffectiveness of one or more of the provisions of the Terms and Conditions will not imply the invalidity and/or nullity and/or ineffectiveness of the Terms and Conditions.16. Indirizzi di contatto
15. Complaints
For any complaint the Client must contact ILTEX at the address shown in Clause 16.
16. Contact addresses
ILTEX may be directly contacted by e-mail at the following address: info@toosh.it.
17. Privacy
The Client must read the Information to Data subjects, available at the following link www.toosh.it/en/privacy-policy/
I hereby accept the Terms and Conditions