Purchases from the website www.tuccitime.com are regulated by these General Conditions of Sales, together with the conditions set from time to time inthe said website at the date of termination of the contract (price list, typology, technical features), as well as the provisions set forth in D.Lgs n° 206/2005 on customer protection (art. 45 – 68 relating to distance contracts and art. 128-135 relating to guarantee on the conformity of goods), and theprovisions set by D.Lgs. n° 70/2003 on electronic business.These General Conditions of Sales are considered as integral and substantial part of the contract: therefore, before sending the order, we advise theCustomer to read carefully these General Conditions of Sales and the information hereby provided, print and keep them in a durable mediumaccessible to the Customer.Placing an order implies acceptance of the General Conditions of Sales in force as published on the website www.albertofasciani.it at the time of theorder from the Customer.The supplier of the goods is Franco Tucci (hereinafter referred to as the Company),with registered office in Treviso,Via A Marcantoni 42 Loc.Conegliano Company registration number in Fermo and VAT n. 04086180264The products shown in the website may be purchased, subject to availability, only by who has reached eighteen years of age.
The prices quoted on the website www.tuccitime.com are in US dollars and inclusive of VAT , if due, as well as any other tax or charge, and exclusivelyrefer to products sold online.The price charged will be the one in force at the time of order, regardless of any future increase or decreases in prices (i.e. as a result of promotionssubsequently occurred).The Company reserves the right to alter without notice the prices of products: any new price will be effective from the moment of its publishing on thewebsite www.tuccitime.com and will be applied to sales made from that moment onwards.The total amount of the order will be visible before the order confirmation.Tax records will be released by the Company at the time of delivery: they will indicate in details the products purchased and their prices.
Product features are visible online at the time of order.The Company displays the products in the most reliable and accurate way; colours and other aesthetic features of the product may be altered by thecustomer’s computer screen or by other technical reasons not due to the Company, which, therefore, cannot guarantee that colours and any othertechnical and aesthetic features are reproduced on the screen in a way perfectly tailored to the reality.The type of products published online and their availability (this information shall not be binding) may change at any time without causing anyresponsibility for the Company.
The purchase agreement will be finalised exclusively online, through the correct completion of the order and the subsequent consent to the purchasefrom the Customer under the procedures set in the website.The Customer undertakes, at completion of the order online, to print and keep these General Conditions of Sales, as well as specifications of theproduct purchased as indicated on the website.After the delivery, the Company will send the Customer, within 3 working days, e-mail containing the order confirmation with all order details: weadvise the Customer to print and keep the e-mail.The contract shall be deemed finalised at the time of notification of the order confirmation.In the event the Customer does not receive any order confirmation within the aforesaid term, the relevant order shall be considered as not accepted bythe Company, hence not valid.The orders received will be filed in a database of the “shop” online, according to the procedures and provisions set forth by D.Lgs. 30.06.2003 n° 196(“Privacy”) and will be available, subject to request to the Company, at the following e-mail address customerservice@tuccitime.com
In case of logistic and/or technical and/or organizational problems, the Company reserves the right to cancel the order notifying it to the Customer bye-mail within 30 days from the date when the Customer placed the order: in such case the Customer will not be entitled to any reimbursement, exceptfor the repayment.
After receiving the order confirmation from the Company, the Customer may submit the payment in one of the following ways:•PayPal•Bank transfer to Banca di Credito Cooperativo delle Prealpi ag. Pieve di Soligo IBAN IT71Q0890461920006000008275;
the bank transfer must be addressed to Franco Tucci Vicolo Barriera 2 31058 Susegana Treviso and as payment reference must indicate the order number; bank charges will be paid by the Customer.
In case the product is immediately available, the Customer shall make the payment in single settlement before the dispatch. In order to speed thedispatch procedure, it is possible to forward the receipt of the postal payment slip or the bank transfer via fax to the following n° +39 0438437935or by e-mail to the following address customerservice@tuccitime.comIn case the product is not immediately available, the Customer shall make the payment in single settlement anyway,looking forward to receive theproduct in 40 working days.
-The Company will not send the products until the payment has been totally settled.For the delivery the Company avails itself of the service of reliable couriers which are selected from time to time according to the product ordered andthe destination.The Company, except for unforeseeable circumstances or force majeure, will promptly deliver the products purchased, to all over the country in 3 days(via TNT) , to EU countries in 4 and to Extra CEE in 7/10 days from the date of cleared payment from the Customer.The delivery will take place from Monday to Friday between 08:00 and 18:30 at the Customer’s address as indicated in the order.If Customer’s details are incomplete or incorrect ( with the subsequent impossibility to deliver the products), the Company will contact the Customerbefore the dispatch.The Company shall not be responsible for any delay caused by the courier.At receipt, the Customer, or whoever on their behalf, should verify:•That the parcel is intact, not damaged, wet or altered in its packaging; any complaint shall be notified to the courier and be accounted atthe moment of undersigning for the withdrawal by quoting “ withdrawn subject to verification”; otherwise the parcel shall be considered properlydelivered;•That the products match with what quoted in the transport documents and/or invoice both for quantity and type; any complaint shall benotified to the courier and be accounted at the moment of undersigning for the withdrawal by quoting “ withdrawn subject to verification”; otherwisethe content of the parcel shall be considered free from imperfections and/or defects.It is also possible, at Customer’s discretion, to apply an insurance policy on the product as a warranty for any damages which may occur during thetransport, with an additional cost for the Customer which may vary according to the means of transport and the destination.
Pursuant to and in accordance with art. 64 of D.Lgs. 206/2005, the Customer is entitled to withdraw without any fine or providing any specificreason within 10 working days from receipt of the product , on condition that the product is intact and not been used.The right of withdrawal may be exercised by recorded mail to be sent to the Company (Franco Tucci Vicolo Barriera 2 31058 Susegana Treviso ) or bye-mail (customerservice@tuccitime.com), fax (n. +390438437935) or wire ( to the said address) on condition that, in these last three options, theintention to withdraw is confirmed via recorded mail within the following 48 hours.In case the Company does not comply with information obligations as set forth by art 47-52, paragraph I letter f) and letter g) and art. 53 D.Lgs.206/05 governing procedures and timeframe to return or withdraw the product when the right of withdrawal is exercised, the term to exercise the saidright is 90 (ninety) days from receipt of the product.In case of exercising the right of withdrawal, the Customer shall return the product intact and in its original packaging, complete in all its parts no laterthan 10 days from the date of sending the notification to withdraw.The repayment, which includes the whole order (delivery costs included) or that part of the order involved in the withdrawal (in such case delivery costswill be excluded), shall be made from the Company under payment instructions from the Customer within 30 days from receipt of the notification ofwithdrawal.Whereas, costs to return the product to the Company shall be paid by the Customer.In any case, the exercise of the right to withdraw is reserved exclusively to the individuals who purchase the goods for purposes not connected with anentrepreneurial, business, craft or professional activity: therefore, the right to withdraw cannot be exercised by Customers who make VAT purchases orwhere there is an entrepreneurial, business, craft or professional activity.Any complaint may be sent by e-mail to the following address boutique@albertofasciani.it or by recorded mail to Franco Tucci Vicolo Barriera 231058 Susegana Treviso - If the Customer, after receiving the products made professionally, wishes to return them for reasons not attributable to theCompany, is entitled to request the Company their replacement no later than 10 days from their receipt: the Company, in return, shall be entitled toaccept or otherwise to reject the request to replace the products with other different products indicated by the Customer (after further agreement onthe purchase price). The delivery costs related the replacement of the products shall be paid by the Customer.
The Company guarantees the products from any fault/defect. However, if the Customer notices any fault/defect, they may exercise the right towithdraw in case the terms set forth in art. 9 have not been expired yet.In any case, the Customer as “customer” (as defined in art. 9 paragraph 7) is entitled to the customer rights under art. 130 D.Lgs. 206/2005; suchrights must be exercised in accordance with art. 132 of the aforesaid D.Lgs. 206/2005.
The Company is not responsible in case, under unforeseeable circumstances or force majeure, it is not able to deliver the order in the terms provided forby art. 8 paragraph 3 or in case of any other inefficiency.The Company shall not be considered responsible, except for willful misconduct and gross negligence, for any inefficiency or malfunctioning inconnection to the use of the internet and out of control power from the Company itself.The Company shall not be responsible in case of damages, losses and costs afforded by the Customer following the failure to perform the contract forreasons not due to the Company, as the Customer is only entitled to the repayment of the amount paid.The Company is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the time ofpayment of the products purchased, if the Company is able to prove the use of all the possible measures according to the best of its knowledge at thetime when the event occurred.
The contracts with the Company shall be intended as undersigned in Italy and are governed by the Italian law.
For any dispute that may arise from the application, performance and interpretation of these general conditions of sales or from the sales regulated
therein, the competent court shall be in the place where the Customer is domiciled if the Customer (as defined in art. 9 paragraph 7) is domiciled in
Italy.
In all other cases the territorial jurisdiction is exclusively the Court of Treviso, excluding any other competing Court.
SPECIFIC APPROVAL
Pursuant to and in accordance with art 1341 and 1342 of Italian Civil Code, the Parties declare they have carefully reviewed and specifically
approved the content of the following articles:
Art. 2.3 (right for the Company to change the prices of its products)
Art. 3.3 (no responsibility for the Company for any change to the products and their availability)
Art. 4.2 (obligation for the Customer to print and keep the General Conditions of Sales together with product specifications provided on the website at
completion of the purchase online).
Art. 4.4 (conclusion of the contract)
Art. 4.5 (failure to conclude the contract in case of failure to receive the order confirmation from the Customer)
Art. 5 (the Company has the right to change or cancel orders)
Art. 7 (Customer is required to make the payment before the dispatch of products)
Art. 8.1 (the Company has the right not to arrange the dispatch of products until the integral payment of the price)
Art. 8.6 (the Company is no responsible for delays due to the courier).
Art. 8.9 first part (Customer is required to verify that at the time of delivery the parcel is intact, not damaged, wet or altered in its packaging, or
proper delivery in case of no complaints)
Art. 8.9 second part (Customer is required to verify that at the time of delivery the products match with what quoted in the transport documentation
and/or invoice both for quantity and type and are free from imperfections/defects in case of no complaints)
Art. 9 (right to withdraw and termination)
Art. 9.2 (exercise of the right to withdraw)
Art. 9.4 (Customer is required to return the integral product, in its original packaging, in all its parts, no later than 10 days from the date of sending
the notification of withdrawal)
Art. 9.5 (repayments to the customer)
Art. 9.6 (Customer is required to pay the costs to return the product)
Art. 11 (the Company is not responsible if, under unforeseeable circumstances or force majeure, the Company is not able to deliver the order in the
terms provided for art. 8 paragraph 3 or in case of any other kind of inefficiency)
Art. 11.2 (the Company is not responsible for inefficiency or malfunctioning in connection to the use of the internet and out of control power from the
Company itself)
Art. 11.3 (the Company is not responsible for damages, losses and costs afforded by the Customer following the failure to perform the contract for
reasons not due to the Company)
Art. 11.4 (the Company is not responsible for any illicit or fraudulent use from third parties of credit cards, payslips or any other payment means at the
time of payment of the products purchased, if it is able to prove the use of all the possible measures according to the best of its knowledge at the time
when the event occurred)
Art. 12.1 (law applicable)
Art. 12.3 (jurisdiction required if the customer has their domiciliation outside Italy)