General terms and conditions of sale
All orders placed by private customers and legal entities, (hereinafter "Customer" or "Customers") to Scatola del Tempo S.r.l.®, a limited liability company incorporated under Italian law with a capital of 50.000€, whose registered office is located in Via Don Luigi Sturzo, 65 - 22066 Mariano Comense - CO - Italy, (hereinafter "Scatola del Tempo"), through its commercial website accessible at the address www.scatoladeltempo.com (hereinafter "Site") and relating to the products marketed by this company are subject to the present general terms and conditions.
Applicability of the general terms and conditions of sale
The fact of placing an order with Scatola del Tempo implies full and unreserved acceptance by the Customer of the Conditions of Use, the Privacy Policy, the Cookie Management Policy, the General Terms and Conditions of Sale in force on the date of the order, to the exclusion of all other documents such as prospectuses, advertisements or catalogues issued by Scatola del Tempo and which are for information purposes only and all applicable laws.
No special condition may, unless formally accepted by Scatola del Tempo, prevail over these General Conditions.
Any contrary condition placed by the Customer shall, in the absence of express acceptance, be unenforceable against Scatola del Tempo, regardless of when it was brought to its knowledge.
The customer, before placing his order, declares that he is of legal age or with the authorization of his legal representatives, and that he has full legal capacity, which allows him to commit himself under the present General Terms and his order to Scatola del Tempo.
Scatola del Tempo reserves the right to change these General Terms and Conditions of Sale at any time.
As such, the new General Terms and Conditions will be applicable towards the Customer as of their validation by the latter. However, any modification of these Conditions will be considered accepted and applicable towards the Customer if the latter, having been informed of the said modifications, does not expressly object in writing to the new General Conditions within one week of becoming aware of this modification.
The fact that Scatola del Tempo does not invoke any of the provisions of these General Terms and Conditions at a given time shall not be construed as a waiver of any of the aforementioned conditions at a later time.
I - ORDER
Any order must be preceded by the Customer's validation of these General Conditions of Sale in order to be definitively validated by Scatola del Tempo.
The products of Scatola del Tempo are presented on a Product Sheet on which the Customer has the possibility, before concluding his Order, to verify the selling price, the shipping costs according to the delivery address entered as well as the product description.
By subsequently clicking on the "add to cart", "confirm order" and "order" buttons during the various stages of the order, the Customer declares that he/she accepts these General Terms and Conditions in full and without reservation.
After confirming the content of his order, the Customer will definitively validate it with the corresponding payment.
Once the payment has been made, the Customer will receive an e-mail highlighting the essential information of the latter, mentioning as an indication the delivery information.
Products are put on sale according to available stocks.
If for a reason beyond its control, Scatola del Tempo cannot proceed with the delivery of the ordered product, it undertakes to send an email to the Customer to inform him/her of the incident and the processing of the order.
Scatola del Tempo retains ownership of the ordered products until full payment of the invoice and reserves the right to suspend delivery in case of delay in payment and until the order is paid in full.
Scatola del Tempo reserves the right to refuse any order for legitimate reasons, and in particular, without this list being exhaustive, in cases where the quantities ordered are abnormally large or unusual for an individual Customer, in cases of fraud or attempted fraud and in case of payment problems.
II - RIGHT OF WITHDRAWAL
The Customer has the right to withdraw from the contract, without penalty and without specifying a reason, within a period of 14 days from receipt of the goods.
This right is reserved exclusively for natural persons (consumers), so it cannot be exercised by legal persons and natural persons acting for purposes relating to their professional activity, if any.
To exercise the right of withdrawal, the Customer may send an e-mail, a PEC or a fax to: Scatola del Tempo S.r.l. - Via Don Luigi Sturzo n. 65, 22066 Mariano Comense (CO) - Italy - e-mail: info@scatoladeltempo.com - PEC: scs@pec.scatoladeltempo.com Fax: +39 031 360 180
The costs for the return of the product are at the total expense of the Customer who, therefore, may choose, at its own discretion, the most suitable means, provided that it is reliable.
Scatola del Tempo will reject any returned product, for which the return costs have not already been fully paid by the Customer.
The right of withdrawal is totally void if the returned product is not intact, i.e:
- lack of original packaging
- absence of integral elements of the product (accessories)
- damage to the product for causes other than transport
- use of the product
- tampered article
Once the integrity of the goods has been assessed, Scatola del Tempo will refund the Customer within 15 days from receipt of the communication of withdrawal.
III - PRICE AND PAYMENT
3 a : Prices displayed by Scatola del Tempo
The prices displayed on Scatola del Tempo's website are those in force on the day of the order by the Customer.
Prices are quoted in Euro, CHF, GBP and USD and may change without notice.
By default, VAT (where applicable) is included in the displayed price.
3 b : Payment
Payment can be made by credit card, PayPal or bank transfer.
In case of exercise of the Customer's right of withdrawal under the conditions mentioned above, Scatola del Tempo will credit the amount paid to the Customer's credit card, bank account or PayPal account, according to the terms and conditions chosen by the Customer at the time of the order.
IV - DELIVERY AND INVOICING
4 a : Delivery and invoicing address
The products are shipped by Scatola del Tempo to the address indicated by the Customer when placing the order.
Upon request, the Customer may choose a billing address other than the delivery address (called billing address) by validating the option provided for this purpose when placing the order.
4 b : Shipping costs
Shipping costs are calculated by Time Box according to the delivery address entered by the Customer when placing the order.
4 c : Product verification
Upon receipt of his order, the Customer is obliged to check the state of the packaging of the goods and to indicate on the delivery note any visible damage due to transport.
Any problem relating to the delivery (damage, product missing from the delivery note, damaged package, broken products) must imperatively be reported to Scatola del Tempo within a maximum of 48 hours, to the following address: info@scatoladeltempo.com or via the "contact us" section of the Site.
4 d : Delivery time
The delivery time indicated by Scatola del Tempo in the order is as precise as possible.
Failure to deliver within the stated time limit does not give rise to damages, deductions or cancellation of orders in progress.
By accepting these General Terms and Conditions of Sale, the Customer waives any claim for compensation for any material or immaterial damage that may result from a delay in delivery.
V - MAINTENANCE AND AFTER-SALES SERVICE
Routine maintenance and cleaning of the products is the responsibility of the Customer.
Due to the technical nature of the products, and for safety reasons, repairs will only be carried out by Scatola del Tempo after-sales service in accordance with the specific conditions of each product.
Consequently, Scatola del Tempo will be exempt from any liability in the event of modification, repair, addition and/or replacement of parts on the Product by any party other than Scatola del Tempo's after-sales service.
VI - WARRANTIES AND LIABILITY
6 a : Warranty period
Scatola del Tempo pays special attention to the quality of its products, which are covered by a 3-year warranty from the day of delivery to the Customer.
Scatola del Tempo is obliged to deliver a product in conformity with the contract and is liable for any lack of conformity of the goods in accordance with the provisions of the law.
Under these conditions, the Customer, under the legal guarantee of conformity, can choose between repair or replacement of the product, according to the cost conditions.
In no case will the product be refunded by Scatola del Tempo.
6 b : Repairs outside the guarantees
In the event of a request to repair a product whose warranty has expired, Scatola del Tempo will offer an estimate to the Customer.
6 c : Force majeure
Scatola del Tempo cannot be held liable for a breach of its contractual obligations due to a fortuitous event or a case of force majeure as defined by Italian jurisprudence.
Similarly, Scatola del Tempo cannot be held liable for a delay due to a product being out of stock at one of its suppliers.
VII - SAVING CLAUSE
Should any provision or part of the provisions of these General Terms and Conditions of Sale be deemed unlawful, void or unenforceable, such provision or partial provision shall be deemed not to be part of these General Terms and Conditions of Sale.
The legality, validity or enforceability of the other provisions of these General Terms and Conditions of Sale shall not be affected, unless applicable law requires otherwise.
These General Terms and Conditions of Sale (together with the above terms and conditions and related policies) constitute the entire agreement between Time Box and the Customer in relation to the ordering of the products, and supersede and replace any agreement, draft, covenant or other arrangement of any kind entered into by the parties, whether oral or written, in relation to such subject matter.
VIII - DATA PROTECTION AND COOKIES
In terms of data protection, the Customer shall refer to and comply with the Privacy Policy and Cookie Policy.
IX - APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Italian law.
All disputes relating to the commercial relationship between Scatola del Tempo and the Customer are subject to the jurisdiction of the Italian courts and exclusively to that of the Court of Como in whose jurisdiction Scatola del Tempo is located.
