Terms and conditions of sale
Delivery times vary from 24 to 72 business hours.
Shipping costs included in the price, as well as customs charges worldwide.
For the EU and non-EU countries, we use the Circuit Poste Italiane, which has proved to be a viable partner to ship even in non-EU countries in a timely manner, guaranteeing the passage of customs quickly and safely.
In Italy, we serve the SDA courier, guaranteed delivery the next day.
Terms of sale
The products purchased on www.michelamii.it are sold by TOMMY srl.
These general terms and conditions may be updated or modified at any time by TOMMY srl, which will communicate it through the appropriate channels of communication to customers. The consumer undertakes and obliges, whenever a change to these general conditions occurs, to provide for their printing and preservation.
- Subject of the online contract and its definition
- Sales Prices and Buying Modes
- Availability of products
- Execution of the contract and delivery arrangements
- Obligations of the buyer
- Guarantees and ways of assistance
- Right of withdrawal
- Contractual resolution and expressed termination clause
- Transfer and processing of personal data
- Jurisdiction and competent jurisdiction
1. OBJECT OF THE CONTRACT ON LINE AND ITS DEFINITION
For “on-line” sales contract means the distance contract, namely the legal store for mobile goods and / or services concluded between a supplier, TOMMY srl, and a consumer and / or customer within a system of distance selling organized by the vendor who, for that contract, exclusively uses the remote communication technology called “internet”. All contracts will therefore be concluded directly through access by the consumer and / or customer to the website at www.silentpeople.it where, following the above procedures, will arrive to conclude the contract for the purchase of the good. You may discretely request the consumer and / or customer to confirm the order made. For distance contracts with consumers, the provisions of Section II of Legislative Decree no. 206 of 6 September 2005.
2. SALE PRICES AND PURCHASING MODES
All sales prices of the products displayed and indicated on the internet site, for which they are offered to the public pursuant to art. 1336 BC, include I.V.A. and any other tax. The purchase agreement is perfected by the exact compilation and the consent to the purchase expressed through the “on line” membership or with the subscription of the order form attached to the electronic catalog on the site. The customer can pay the ordered goods through the payment services indicated on-line at the time of purchase:
It is possible to pay by Paypall
3. PRODUCT AVAILABILITY
4. EXECUTION OF THE CONTRACT AND DELIVERY MODES
TOMMY srl will provide customers with selected and sorted products, in accordance with the terms of the previous article, by courier and / or freelance shippers, or by a firm judgment of the company directly by the company.
By date of delivery the date is valid for the first attempt by the courier to deliver the goods to the address (meaning the main entrance of the building and not the one of access to the private residence), even if the attempt it does not work for the recipient’s absence or refusal of the goods. In cases of non-delivery of ordered goods and shipped not attributable to TOMMY srl, the same will be entitled to the refund of the shipping costs. This redemption may also be effected by partial payment of the payment made by credit card.
5. PURCHASER OBLIGATIONS
The consumer and / or customer commits and obliges, upon completion of the on line purchase procedure, to provide for the printing and preservation of these general conditions which he will have already viewed and accepted as obligatory passage in purchase, as well as the specifications of the product subject to the purchase, in order to fully satisfy the condition of art. 4, 5, 52 and 53 of Decree no. Legislative. n ° 206/2005.
The buyer is strictly prohibited from entering false, and / or imaginative data in the registration process necessary to enable him / her to execute this contract and any further communications thereto; the master data and the e-mail must be exclusively their personal personal data and not of third parties, or fantasy. The consumer and / or customer authorizes TOMMY srl and undertakes to provide, at discretionary request of the latter, a copy of the undisclosed identity documents. Failure to comply with the document request authorizes TOMMY srl to terminate the contract for default of the buyer. It is expressly forbidden to make multiple registrations corresponding to the same person or to enter third-party data. TOMMY srl reserves the right to legally pursue any breach and abuse, in the interests and for the protection of all consumers.
The Customer relieves TOMMY srl from any liability arising from the issue of incorrect tax documents due to customer data errors provided that the Customer is solely responsible for the correct insertion.
Please note: during August and during all holiday periods, deliveries may be subject to delays which will be declared at the time of confirmation of the order.
The consumer and / or customer from the moment they receive the damaged goods or ask for the delivery to the carrier has direct and exclusive action against the carrier itself. The latter also responds to the delay in delivering the goods to the recipient. STOMMY srl, in such cases, must be exempt from any liability for loss or damage (damage) of the goods from the time it is delivered without reservation to the carrier for carriage.
The images of the products published on the site are purely indicative and the colors may vary in color depending on the monitor on which they are displayed and the settings of the same. In the absence of explicit consent of the company TOMMY srl rendered will not be admitted.
7. GUARANTEES AND ASSISTANCE MODES
Products sold by TOMMY srl are only guaranteed for manufacturing defects found within 7 days of receipt of the goods.
The buyer should, within 7 days of receipt of the goods purchased, have defects in production, have the right to contact TOMMY srl, requesting the repair of the product or the replacement of the goods or the reduction of the price;
In the event that it is not possible to repair or replace the defective good, it undertakes to repay the price paid to the consumer.
The consumer, in order to request replacement or repair remedy, must make a specific complaint following the procedure given in step n.10 above.
TOMMY srl, with the indispensable communication of the return code, may authorize the return of the product. Returns will be anticipated by the consumer. The risks associated with the carriage of the goods are to be borne by the sender. Shipment sent to “port assigned” will not be accepted unless agreed with the seller beforehand. In the event that the alleged defect is found, TOMMY srl will execute within a reasonable time the agreed remedy and the accreditation of the shipping costs incurred except those for non-ordinary services. TOMMY srl reserves the right to charge to the customer any costs incurred for the verification of the product and for the resale of the product if it is intact or lacking in the defect of conformity complained of and referable to the date of delivery, differently than stated by the customer.
8. RIGHT OF WITHDRAWAL
The rules on the right of withdrawal are contained in artt. 64/67 of Legislative Decree no. 206/2005 (consumer code). The “consumer” who for any reason did not feel satisfied with the purchase made has the right to withdraw from the contract without penalties and without specifying the reason within 10 working days of the goods from the day of their receipt , for services from the day of conclusion of the contract “on line”. This right can only be exercised by consumers, so all purchases made for purposes other than business or professional activity, ie where a VAT code reference is inserted in the order form, do not enjoy this right. The consumer may exercise the right of withdrawal by making a specific complaint or sending the related communication by e-mail. Any type of communication (including the complaint) must be followed by a penalty within 48 hours by a registered letter a.r .; a small comment on the incident is welcome, though not mandatory and mandatory. All return costs of the products are expressly borne by the consumer, who through their own freight forwarder will forward them to the logistic structure of TOMMY srl, subject to an indispensable return authorization which will be e-mailed to tommysrl @ hotmail.it. It is understood that the risks of transport for the return of the items are entirely borne by the consumer. The consumer can not exercise this right of withdrawal for specially-tailored or clearly customized products.
The return of the product that has been requested and obtained the withdrawal beyond the said term implies its decadence with the contextual refusal of the return. All items must be received in the same reception conditions, not used and completely intact, with appropriate protective packing. Only in this case will it pass on the amount paid by the consumer within the statutory deadlines (30 days).
LaTOMMY srl will credit the amount by transfer of payment made by credit card by bank transfer. In the event of termination of this right, TOMMY srl will return to the sender the purchased goods with the same charges as shipping costs.
Any complaint should be forwarded online by e-mail to email@example.com. The Customer will receive an e-mail confirming the opening of the complaint within the next three working days; with the same communication will be provided instructions for defining the procedure and forwarding requests for clarification or documentation.
10. CONTRACTUAL RESOLUTION AND EXPRESS RESTRICTIVE CLAUSE
TOMMY srl has the right to terminate the contract by giving simple communication to the consumer and / or client with adequate and justified reasons; in which case the customer will be entitled to refund any amount already paid.
The obligations assumed by the client referred to in art. 5 (Obligations of the buyer), as well as the guarantee of the good end of the payment that the customer makes with the means provided for in art. 2, are of essential character, so that, for a pact expressed, the consumer and / or customer defaulting of only one of those obligations will result in the termination of the contract right under art.1456 CC, without the need for a judicial ruling, save the right to TOMMY srl to sue for compensation for further damage.
11. CONFIRMATION AND TREATMENT OF PERSONAL DATA
Personal data are collected with the purpose of registering the customer and activating the procedures for the execution of this contract and related communications; such data are processed electronically in accordance with applicable laws and may be exhibited only at the request of the judicial authority or other authorities for this purpose by law. Personal data will be communicated to those delegated to the completion of the activities necessary for the performance of the contract concluded and disseminated solely for this purpose. The Customer expressly undertakes to provide TOMMY srl with a copy of the identity documents deemed necessary for any verification. Failure to comply with this request authorizes TOMMY srl to the immediate contractual settlement for default. The treatment is carried out, also with the help of electronic means, in compliance with the modalities that art. 11 of Legislative Decree no. 196 warrants to the user and, in general, protects his rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The treatment will take place for a period of time not exceeding what is strictly necessary for the fulfillment of the above-mentioned purposes. Personal data are not disclosed to third parties. The obtaining of the cancellation of your personal data is subject to the sending of a written communication sent by e-mail or postal mail to the company’s registered office. Owner and responsible for the collection and processing of personal data is the TOMMY srl.
12. JURISDICTION AND COMPETENT COURT
Any dispute relating to the application, execution, interpretation and violation of the “online” purchase contracts entered on the website is subject to the Italian jurisdiction; Except for the cases provided by art. 63 of Legislative Decree no. 206/2005, any dispute between the parties regarding the application, execution, interpretation and violation of this contract shall be the sole responsibility of the Bologna Court.