1 – GENERAL CONDITIONS OF SALE
These general terms and conditions of sale regulate the sale of the articles inserted in the e-commerce at www.taronistore.it together with the provisions of Italian Legislative Decree no. 206/2005. The contractual relationship in question comes into being between the parties only upon acceptance by TARONI SRL of the customer’s purchase proposal/order sent via the web page www.taronistore.it. The Customer is invited to read these general conditions of sale carefully before placing orders and confirming their dispatch. By placing any order, the Customer implicitly and fully accepts these general terms and conditions of sale, which are therefore deemed to be known and accepted by the Customer in their entirety. At any time TARONI SRL reserves the right to make changes and/or additions and/or updates to these general conditions of sale always indicated on its website. These general terms and conditions of sale apply to orders to be processed domestically and not to exports for which different contractual terms and conditions are to be requested by the customer and which differ from time to time depending on his or her country of origin. If the products sold by TARONI SRL are subsequently taken out of the national territory (by the customer), it will be the customer’s responsibility to obtain, at his or her own expense, all the necessary licences and authorisations, also complying with the rules of the country of destination, with particular reference to the rules on the circulation and use of high-tech products.
2 – REGISTRATION
The TARONISTORE.IT website is open to the public for general consultation only. It is a B2B site and therefore intended only for economic operators with a VAT number, in Italy and abroad. For this reason, and in order to protect the work of our customers, viewing sales prices, additional conditions, and proceeding with orders are subject to customer registration. To the registration page, a minor amount of data will be requested; Taroni srl’s approval of the request will follow within 30 minutes (during working hours) via an e-mail reply to the indicated address. Only when the order is closed will you be asked for further data (complete company name, address and shipping information), which are necessary to proceed with the order.
3 – PURCHASE PROPOSAL
The presentation of the products on the website or in other commercial documentation of TARONI SRL is informative in nature and shall not constitute part of the contract but is intended as an invitation to offer. The order sent by the Customer in the manner indicated is intended as a contractual proposal to purchase and, as such, is subject to acceptance by TARONI SRL, which may also take place through direct execution of orders. If a product is available, TARONI SRL will send the Customer a form called “Customer Order” that will contain the detailed specification of the products, the price of the goods, and any costs. Only after this, after verifying compliance with the terms of payment, will the goods be considered committed and TARONI SRL will proceed to ship the product as quickly as possible. In the case of a product that is out of stock but in restocking, this information will be mentioned in the product sheet. If the product becomes out of stock and cannot be re-stocked for any reason, TARONI SRL will send the Customer an e-mail to make new arrangements and/or possibly proceed with a refund of the entire amount received, according to the procedures that will be indicated for that purpose. It is understood that the refund of the price represents the only charge to be borne by TARONI SRL for non-acceptance or cancellation of the order, being in this regard excluded any form of liability on the part of TARONI SRL. TARONI SRL’s decision to accept or not to accept orders or other business relations is unquestionable. TARONI SRL reserves the right not to accept or to cancel any order, regardless of whether or not payment has been received, notifying the customer by fax, telephone, or e-mail within 72 (seventy-two) working hours (therefore excluding weekends and holidays) of receipt of the order. If TARONI SRL does not accept or cancels an order for which payment has already been made, TARONI SRL will promptly refund the full amount received. It is understood that the refund of the price represents the only charge to be borne by TARONI SRL for non-acceptance or cancellation of the order.
4 – PRODUCTS AND THEIR USE
All descriptions and illustrations contained on the site or in other commercial documentation of TARONI SRL are only intended to provide the customer with a general idea of the products and shall not form part of the contract between TARONI SRL and the customer.
TARONI SRL reserves the right to cease offering any product or to make changes to product specifications at any time, even without prior notice and without having to justify such a decision.
Unless otherwise specified, the “technical parameters” represent the limits within which the customer may use the product, with particular reference to the safety of the product. Dimensions and other physical characteristics are subject to normal commercial tolerances and are intended as a guide and are not binding. It shall be the customer’s responsibility to check in advance the suitability of the product for his/her intended use and, if it does not meet his/her needs, to make use of the withdrawal clause.
5 – PRICES
The prices shown on the e-commerce site are either with or without VAT applied at the rate in force at the time of invoicing. Prices shown may be subject to change. Prices are explicitly stated on the site for registered users only. In the event of supplies relating to products not included in the catalogue or in the event of special customisations, TARONI SRL is responsible for communicating these to the customer in advance and they must be specifically agreed upon and confirmed in writing to TARONI SRL before the product is shipped.
6 – PAYMENTS AND EXPRESS TERMINATION CLAUSE
Products purchased by the Customer can be paid for by:
a) bank transfer (CREDEM Scandiano branch IT 31 L 0 30326 65100 1000 00 12999) BIC: BAC RIT 22 SCA;
b) credit card indicated on the site;
When concluding the order proposal, the Customer shall indicate the chosen method of payment.
However, TARONI SRL reserves the right to request payment in other and different ways. All payments shall be made in favour of TARONI SRL, without any compensation, deduction, or counter claim by the customer. In the event of non-payment of the price, the contract of sale shall be deemed to be rescinded pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The terms of payment shall be deemed essential. In the event of delayed payment of goods already delivered, TARONI SRL shall apply interest on arrears pursuant to Italian Legislative Decree no. 231/2002, without prejudice to its right to claim compensation for any further damage, as well as reimbursement of any costs incurred in the recovery of its claim, including, but not limited to, legal fees. In this case, all sums owed by the customer to TARONI SRL, even in relation to other supplies, shall immediately become payable in full, and to this end any payment extension granted by TARONI SRL shall be considered revoked.
In the event of non-payment, TARONI SRL shall have the right to avail itself, at its own unquestionable judgement, of any other remedy provided for by law, including compulsory execution or repossession pursuant to article 1519 of the Italian Civil Code. If necessary to allow TARONI SRL to exercise and protect its rights, the customer shall allow TARONI SRL, its employees and agents access to its premises for the sole purpose of collecting unpaid products. It is also understood that TARONI SRL will in any case have the right to claim full compensation for any damages suffered as a result of the customer’s non-fulfilment.
7 – FORCE MAJEURE
If the fulfilment of the order by TARONI SRL is prevented by force majeure or unforeseeable circumstances or hindered by causes that do not depend on the direct will of TARONI SRL, or by the objective impossibility of procuring the items necessary for the fulfilment of the order, except at increased prices, TARONI SRL may delay the fulfilment of the order. In such a case TARONI SRL must inform the customer of the delay and the latter, within 4 (four) days of receiving the communication from TARONI SRL, will be entitled to cancel the order in whole or in part. In none of the aforementioned cases can TARONI SRL be held responsible for the delay, cancellation, or impossibility of making the delivery.
8 – COLLECTION, TRANSPORT AND DELIVERY OF ORDERS
The products shall be delivered at the transport and cost conditions indicated, as the case may be, on the e-commerce pages (www.taronistore.it) or if otherwise agreed and indicated in the order confirmation, unless a different delivery service is specifically requested by the customer. However, it is understood that the delivery terms are to be understood as non-essential and binding. TARONI SRL shall not be held responsible in any case for any delays in deliveries or even non-delivery itself due to causes beyond its control. TARONI SRL reserves the right to change the cost of transport and, if the cost of transport of the goods is higher than that indicated on the site, the relative amount will be communicated by TARONI SRL to the customer before shipment, which will only take place after the customer has accepted the new amount within 4 (four) days of the communication from TARONI SRL.
Unless otherwise agreed, delivery shall be made to the address specified by the customer in the order. The customer is also obliged to indicate any information that may be useful for a successful delivery, such as opening hours, temporary absences, other places of destination, telephone numbers. It is understood that if the customer intends to collect the products directly from the premises of TARONI SRL in Via dell’Industria 4/C,D,E,F in Scandiano (Re) Italy, he/she must make an express request at the time of ordering; however, TARONI SRL has the right to accept or reject such a request. Ownership of the goods passes to the customer when the latter collects them from TARONI SRL or, in the case of delivery to the customer’s home, when the goods are handed over to the carrier. Goods travel at the risk and peril of the customer even when they are delivered free to destination, it being agreed that each shipment is carried out on the customer’s specific instructions and on its behalf and that, therefore, TARONI SRL is exempt from any responsibility with the delivery of the same to the carrier or to the customer if the latter decides to collect the goods personally or through one of its agents.
Any duties and taxes required of the customer by customs will always be borne by the customer. TARONI SRL is not responsible for any additional costs due to any detentions and customs controls.
9 – Control of goods
The Customer and/or the Customer’s agent at the time of collection of the goods is obliged to check and verify very carefully, in the presence of the carrier, the integrity of the packages delivered and their number, reporting in writing any discrepancies (in the number and/or integrity of the packages) in the space reserved in the document on which he/she signs, which, duly signed, will remain with the carrier. Acceptance of the products without the Customer having entered a reservation or dispute in the transport document and not having promptly notified TARONI SRL, is equivalent to recognition of the conformity of the delivery to the Order in terms of quantity, type, and packaging. It is understood that the customer must refuse the delivery, by the carrier, of packages with damaged packaging and must, in this regard, immediately inform TARONI SRL of the incident; otherwise, the goods delivered will be considered fully accepted in the state in which they are at that time.
In any case, the Customer is required to report any complaints, including those concerning anomalies other than those mentioned above, by contacting the Customer Service of TARONI SRL no later than 4 (four) days after delivery of the goods.
10 – RIGHT OF WITHDRAWAL
Pursuant to Articles 52 et seq. of the Consumer Code, the Consumer-Client has the right to withdraw from the Contract within 10 (ten) days from receipt of the product without any penalty and without having to provide any reason. Once TARONI SRL has received the parcel and carried out the appropriate checks, the customer will be refunded the full amount paid minus the costs incurred by TARONI SRL for delivery and collection of the goods (reversing any amounts already paid by the customer for transport).
11 – RETURN AND/OR EXCHANGE OF GOODS
No return or replacement of products will be allowed without the prior written consent of TARONI SRL. Any item sent by the Customer to TARONI SRL as a return without formal authorization from the same will be automatically and without fail rejected. Returns of customised and/or tailor-made goods are not permitted under any circumstances. After obtaining TARONI SRL’s consent, the customer shall return the products, with suitable outer packaging, to TARONI SRL in Via dell’Industria 4/C,D,E,F in Scandiano (RE) Italy. The returned product must be intact, in its original packaging, complete with all accessories and manuals, if any, without any defects, and must never have been used. TARONI SRL shall be responsible for shipping the return or authorised replacement, unless otherwise agreed with the customer; it shall be the customer’s responsibility to prepare the goods for collection under the above conditions and within the agreed terms. All returns and replacements that do not meet the above criteria will be rejected. If the reason for the return is a problem originating from TARONI SRL, the return and/or replacement will be free of charge for the customer. In all other cases, the transport costs shall be borne by the customer. If the withdrawal is exercised before the departure of the goods, the customer will be refunded the full amount paid. If the withdrawal is exercised after the goods have left, once the package has been returned to TARONI SRL and the appropriate checks have been carried out, the customer will be refunded the full amount paid minus the costs incurred by TARONI SRL for delivery and collection of the goods. The Customer is entitled to request the replacement of products (with the exception of custom-made, personalised and/or out-of-catalogue items). The request must be received within 10 (ten) days from the date of delivery and is subject to acceptance by TARONI SRL. Transport costs for collection and delivery of the replacement goods shall be borne entirely by the customer. If the product is returned at the customer’s expense, only the costs of delivery of the replacement goods will be charged. Exceptions are orders for clothing and footwear in sizes (except for customised or out-of-catalogue clothing), for which replacement will be free of charge. By returning or replacing one or more items that allowed the issue of discounts or promotions, these will not be validated upon return.
12 – WARRANTY
TARONI SRL will replace or repair the products supplied, or refund the relative price, if, despite correct and diligent use by the customer, operating defects are found, which must be claimed against TARONI SRL within 12 (twelve) months from the date of shipment, or within different terms indicated by TARONI SRL from time to time for specific products, or established by law. The products, or parts thereof to which the dispute refers, must be returned to TARONI SRL within the period of time specified in paragraph 10, properly packaged, with shipment by the customer and in accordance with the special instructions that TARONI SRL may have given at the time of delivery or subsequently agreed. Returned products or parts thereof must be accompanied by a note describing the defect, as well as any other information useful for resolving the problem. All products or parts thereof replaced by TARONI SRL shall become its exclusive property. This guarantee replaces any other guarantee or provision established by law concerning the quality or suitability of the products for specific uses, except for those provisions that cannot be waived by law.
13 – LIABILITY
These general conditions outline the entire scope of TARONI SRL’s responsibility for the products, excluding any other guarantee, condition and term, whether expressed or implied, established by law, even with reference to the quality or suitability of the products for specific uses, except in any case those guarantees that, by law, cannot be waived, with particular reference to the provisions of Article 1229 of the Italian Civil Code and on the subject of responsibility for damage caused by defective products and consumer protection. It is however understood that under no circumstances will TARONI SRL be liable for loss of profit or for any indirect damage suffered by the customer due to a fact, act, or omission directly or indirectly attributable to TARONI SRL under these general conditions or in any case in relation to the sale that is the subject of these general conditions. The applications described in the catalogue sheets and the combination of components to realise them do not represent the only possible technical solution. TARONI SRL does not assume any responsibility for the correct functioning of these applications, nor for their compliance with the specific purposes for which they may be intended, and this responsibility is always and in any case the responsibility of the end customer.
14 – COUNTRY OF ORIGIN
Unless otherwise communicated to the customer in writing, the information contained in the product sheets or any other sales materials does not constitute, nor should it be construed as, a declaration of the country of origin, preferential origin, processing, manufacture or assembly of the products or any part thereof.
15 – COPYRIGHT
TARONI SRL warns the customer that the products presented in the product sheet or in any other sales materials may be subject to patent, trademark, copyright, or other industrial property rights owned by TARONI SRL or third parties. The trademark TARONI SRL is registered. The CHEESTYLE trademark is registered.
TARONI SRL is the owner of the copyright on this catalogue and website, the reproduction of which in whole or in part (texts, images, product sheets, certifications, graphics, etc.) is strictly forbidden without the prior written consent of TARONI SRL.
In particular, but without limitation, users may not copy, download, share (beyond the limits set out below), modify, translate, transform, publish, transmit, sell, license, modify, transfer/assign to third parties or create derivative works from the content available on www.taronistore.it, nor allow third parties to do so via the User or his/her device, even without the User’s knowledge.
16 – ACCOUNT
Users can close their account and stop using the Service at any time by contacting TARONI SRL directly.
TARONI SRL reserves the right, at its sole discretion, to suspend or delete at any time and without prior notice, User Accounts that it considers inappropriate, offensive, or not compliant with the rules and terms described herein.
Suspension or deletion of user accounts will not entitle users to any claims for compensation, damages, or reimbursement. Suspension or deletion of accounts for reasons attributable to the User shall not release the User from payment of the applicable fees or prices.
It is also prohibited to register and set up accounts using false and untrue data and information. Any violation of this will be prosecuted to the full extent of the law.
17 – PROCESSING OF PERSONAL DATA
All payments are processed independently through third-party services. Therefore, TARONI SRL does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
18 – COMPETENT COURT
The competent court, exclusively, for any dispute arising from these general conditions of sale shall be the court of REGGIO EMILIA.