SALE TERMS AND CONDITIONS
1. General Provisions
1.1 The following sale and delivery conditions apply to the sale and delivery of products offered in the e-commerce website tobialongarini.com.
Please read carefully all the sale and delivery conditions stated below before placing any orders on the website.
1.2 Please print a copy of the sale conditions for future needs of referral to the order made.
1.3 During the ordering process of our products you will be required to click on the button "I have read and accept the terms of sale and delivery as well as the informations about protection of personal data", thereby you will automatically accept the provisions described below about the conditions of sale and delivery and the informations about protection of personal data. Please note that not accepting these conditions you will not be able to order the products offered on the website.
1.4 This site is managed by Tobia Longarini.
2. Your status
2.1 If you order an item on the website, you must ensure the respect of the following conditions:
2.1.1 To have the legal capacity to conclude binding contracts
2.1.2 To be of age
2.1.3 To be an individual acting as a consumer.
3. Purchase and order placement
3.1 The order of a product on the website is to be considered as an offer to purchase that product in accordance with these conditions of sale and delivery.
3.2 Once you complete the ordering procedure, you will receive a confirmation e-mail, in which you will be informed that we have taken notice of your order. This does not, in any circumstances, constitute an acceptance of the order as all orders are subject to authorization by Tobia Longarini.
Prior to the acceptance of your order, in order to promote the safety of transactions and prevent frauds, you will be asked to confirm your contact number and receive a phine call about your order.
3.3 Tobia Longarini is committed to honor the orders within the limits of available stocks, remaining understood that the number of products which can be placed in the same order is limited to 10 units and the same product can be ordered for a maximum of 5 pieces. In any case, Tobia Longarini reserves the right to change at any time this limitation, even though for certain periods of time and/or for certain categories of products. If the products ordered are not available, we will send you an e-mail and you will decide whether you prefer waiting until the product becomes available again, or cancellig the order.
3.4 Tobia Longarini reserves the right to refuse any order placed by a customer with which is in a legal dispute for the payment of a previous order, and/or when the order does not comply with the conditions of sale and delivery.
3.5 We will confirm by e-mail the receipt of your order, confirmation of purchase and expected delivery date. The confirmation of purchase will constitute the proof of the existence of a contract between you and Tobia Longarini having as its object only and exclusively the products in it.
3.6 The aforesaid contract also does not affect any other products you order for which you have not received, even in separate form, an order confirmation.
4. Price and payment
4.1 The price of each product is indicated on the website, except in the case of an obvious error. The price includes VAT at the current rate. Any change of the applicable rate could affect the price of products. Prices are subject to change at any time. However the applicable prices are those in force on the day and hour when you confirm the order. Tobia Longarini will pay the delivery cost.
Unit prices, together with the total price, will be confirmed separately in the purchase confirmation e-mail. Only if specified with a written request by the consumer, Tobia Longarini will issue a regular purchase invoice.
4.2 Prices are subject to changes, which will not be applied to orders already confirmed with an order confirmation e-mail.
4.3 Our website sells a large number of products and it is always possible that, despite our best efforts, some of the products on the website may show an incorrect price. Normally, we check the accuracy of the price during our sending procedure, in the case where the actual price of a product is lower than the one we point out, we will return the excess sum you paid during the product sending procedure.
In the case in which, instead, the actual price of a product is higher than the one we point out, we may, at our discretion, either contact you to receive your instructions before sending the product, or reject the order and provide you with the due communication.
4.4 There is no obligation to deliver a product at an incorrect price in the case the error is obvious and you could have, with due diligence, detect it. In this case, we will contact you before the product delivery.
4.5 The payment can be made with VISA and MASTERCARD credit cards accepted in the process of purchase confirmation. We will confirm the amount to be paid in the order confirmation email. In all cases,your communication of the credit card numbers and the final order validation shall be evidence of integrity of that order in accordance with the provisions of the Decree. n.70/2003 and will be valid for collectability of the sums paid.
4.6 All payments by credit card are subject to a validity check performed by the card issuer that must also authorize its use. The order will be deemed effective only after the confirmation by the bank payment centers. The personal data of the credit card holder, required for the above-mentioned controls, can therefore be exchanged with third parties. We decline any responsibility for delay or failure of the delivery of your order if the credit card issuer does not authorize the payment.
4.7 We will charge the price of the order on your bank account immediately before the delivery of the ordered products and we will not delivery the order until we have received the full payment. We reserve the right to postpone the delivery date until we receive the full payment for the ordered products and to cancel the order, giving you immediate written confirmation, in the case you fail to carry out the payment by the terms without a valid reason.
4.8 Tobia Longarini adopts technological solutions to ensure the maximum safety of transactions to protect its customers, such as SSL (Secure Socket Layer), supported by the most popular Internet browsers (Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, etc..). These browsers are capable of encrypted communication with the secure server of the banking system for the verification of payment information and sensitive data posted on the website. When sending and receiving data in a connection to a secure server SSL, you are accessing secure web pages that are recognizable by the suffix "https" ("s" stands for "security") at the beginning of the URL in the address bar along with an icon depicting a closed lock or the writing SSL.
5.1 Tobia Longarini offers a standard delivery service. Orders will be delivered within 7 working days after the order confirmation e-mail
Any exception will be communicated to you.
In any case, when accepting your purchase, you will be sent via e-mail an acknowledgment of delivery at the e-mail address you indicated during the ordering process.
5.2 The delivery address will correspond to the one you indicated and reported by us in the order confirmation e-mail. In case of failure, we will leave a notice of attempted delivery and it will be your responsibility to collect the parcel in the place and time indicated by the notice.
In case of delivery failure the products will be returned to Tobia Longarini and it will be your responsibility to contact our customer service to arrange a new shipment at your expense. We deliver only within the borders of Italy and its islands. For purchases made from different countries, please refer to the section of the website corresponding to the language of your country. For practical reasons, it is sometimes better to send some of the products included in the same order in more than one shipment (multiple deliveries). If that happened it would be specified in the notice of shipment and there will not be any extra charge for you.
5.3 If we are unable to meet the delivery time specified in the confirmation e-mail of your order, without any failure on your part - such as the lack of the full payment - we will contact you immediately in order to inform you about the new delivery date. If you reject the new delivery date or in any case after seven (7) days from the delivery date originally set, you can cancel the order by sending a registered letter with acknowledgment of receipt or an electronic message. In this case, the purchase price of the corresponding product, including delivery charges, which may have been charged, will be repaid within 30 days on the credit/debit card or bank account used to complete the order. This right of cancellation exists only if the delay is related to Tobia Longarini.
6. Transfer of risk and ownership
6.1 The product becomes yours starting from the full payment of the purchase price. It is understood that we may proceed to the recovery of the product at any time up to the transfer of its property, if you should not respect this contract.
6.2 The transfer of risk occurs at the time of delivery. The risks, in accordance with this contract, are those related to the damage of the product or caused by alteration or maintenance of the same. The risks associated with returning a product, for whatever reason, are your responsibility.
7. Return and Refund Policy and Complaints
7.1 You have the obligation to notify, immediately after delivery, if you receive any missing, flawed or damaged product.
7.2 In accordance with Legislative Decree 6 Sept. 2005 number 206 (Consumer Code) you have the opportunity to exercise the right of return and refund, without stating any reasons and without any penalty, returning the product within ten (10) working days from its receipt, requesting a return code and sending it to [Insert address provided for the return] accompanied by the delivery note and return form that you will find on the website - Refunds and Returns section.
7.3 For the purpose of exercising the right of return and refund in accordance with the regulations contained in art. 67, co. 2 of the Consumer Code, the product you want to return must be substantially intact (including any accessories included in the price), kept and used diligently by you. If you should not return any accessories included in the price of the product, we will charge the cost of the missing accessories. Any product returned that we receive incomplete, defaced, damaged, stained or otherwise not in its original packaging conditions, will not be accepted; the same is true for hygienic reasons, for certain products such as earrings. We suggest you to use preferably a protected method of shipment and delivery as the responsibility until its receipt is yours.
If the return is made within the period stated above and the product has not been worn or used, it is not damaged or stained,it is in the original packaging (packaging, additional links, warranty and instructions intact) and it is accompanied by the return form compiled and signed together with the delivery note, we will change your product or refund the money claimed, according to the preference you have expressed in that form of restitution. The cost of returning the product or products remain at your charge.
7.4 If you have expressed the desire to be refunded, we will refund the amount charged within thirty (30) days from the date of receipt of the product by Tobia Longarini, after the relevant office has verified that the returned product meets the conditions and procedures described below, refunding it on the credit/debit card or bank account used to complete the order.
7.5 Following the cancellation of your order, you will have the obligation to return the product, as provided in art. 7.2.
7.6 You will be provided with the details of your right of cancellation within the confirmation of purchase e-mail.
7.7 The return and refund right is reserved solely to individuals (consumers), then can not be exercised by legal persons and individuals acting on purposes related to their professional activity.
7.8 You have the right to report any complaints and problems (delivery errors, misunderstandings, etc..) to our Customer Service.
8.1 We make every effort to ensure that the product of your choice is in optimal condition. In any case, our products are accompanied by both the International Tobia Longarini warranty as well as the legal warranty of conformity.
8.2 International Tobia Longarini warranty: All watches offered for sale on this website have the advantage of enjoying a 24 month international warranty issued by Tobia Longarini for materials or manufacture flaws. The general conditions relating the warranty are stated in the warranty note supplied with each watch. If the product is flawed, Tobia Longarini will immediately replace it in part or completely - subject to verification of the flaw.
8.3 Tobia Longarini also grants a 6 months warranty against materials and manufacture flaws for articles of costume jewelery and accessories.
8.4 You can return the product within the terms set out above at [insert details as above], accompanied by the delivery note and the return form that you will find on the website Returns and Refunds section, where you will indicate the return code you have requested to the Customer Service. We recommend using preferably a secured method of shipping and delivery (courier or registered mail with delivery acknowledge) as the responsibility of the product, until its receipt by us, is yours. Shipping cost will be reimbursed later.
8.5 Legal warranty of conformity:
In accordance with the provisions of law contained in the Civil Code and in the Consumer Code, all watches offered for sale on this website have the legal warranty of conformity and, in particular:
The seller is liable for any lack of conformity which exists at the time of delivering the good. In case of lack of conformity, the consumer has the right to restore, without charge, the conformity of the goods by repair or replacement, in accordance with paragraphs 3,4,5 and 6, or to an appropriate price reduction or termination of the contract, in accordance with paragraphs 7,8,9.
The consumer may request the seller to repair or replace the property without charges in both cases, unless the remedy requested is oviously impossible or excessively expensive. For the purposes of paragraph 3, a remedy is considered excessively expensive if it imposes an unreasonable cost on the seller in comparison to the other, taking into account:
a) the value of the good if there were no lack of conformity;
b) the entity of the lack of conformity;
c) whether the alternative remedy could be completed without significant inconvenience for the consumer. Repairs or replacements must be completed within a reasonable time of the request and must not cause any significant inconvenience to the consumer, taking into account the nature of the good and the purpose for which the consumer has purchased the good.
The costs referred to in paragraphs 2 and 3 refer to the costs necessary to make the goods conform, with particular reference to the cost incurred for delivery, labor and materials. The consumer may request, his choice, an appropriate reduction of price or termination of the contract in one of the following situations:
a) repair or replacement are impossible or prohibitively expensive;
b) the seller has failed to repair or replace the goods within reasonable time as in subsection 5 (1);
c) the replacement or repair previously carried out caused significant inconvenience to the consumer. The use of the good is taken into account in stating the amount of reduction or the amount to be repaid. After reporting the lack of conformity, the seller can offer the consumer any other available remedy, with the following effects:
d) if the consumer has already requested a specific remedy, the seller is obliged to implement it, with the necessary consequences in order to effect the appropriate period referred to in paragraph 5 (2), subject to acceptance by the consumer of the proposed alternative remedy;
e) if the consumer has not already requested a specific remedy, the consumer must accept the offer or reject it choosing another remedy according to this article.
f) A minor conformity flaw for which it was not possible or too costly to replace or repair, gives no right to terminate the contract (Article 130 Consumer Code).
Terms: The seller is liable under art. 130, where the lack of conformity manifests within two years from delivery. The consumer forfeits the rights state in art. 130, co. 2, if he does not inform the seller of the lack of conformity within the period of two months from the date when he discovered it. The complaint is not required if the vendor has acknowledged the existence of a flaw or has concealed it. Unless proved otherwise, it is assumed that the lack of conformity which becomes apparent within six months from delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or with the nature of the lack of conformity. Direct action to enforce any defects not willfully hidden by the seller shall in any case decade within twenty-six months from delivery of good, the consumer, it is agreed for the performance of the contract, it can always be assert rights under Art. 130, co. 2, provided the flaw is reported within two months after discovery and before the expiry of the preceding sentence (Art. 132 Consumer Code). If the product is defective or not in compliance with the order, the costs of shipping the product will be reimbursed to a maximum of €.
9.1 Tobia Longarini is responsible for the proper performance of contractual obligations, regardless of whether such obligations are to be performed directly by Tobia Longarini or other service providers, except the rights of appeal against the latter. However, Tobia Longarini is not liable for damages caused by your actions, omissions or errors, by circumstances beyond one's control or by third parties unrelated to the purposes execution of the contract. Tobia Longarini presents and describes the product with the highest care. However, the photos are shown only for display. Please refer to the description page of each product to know the specifics. The Website consultation, as well as the placement of orders on it, implies knowledge and acceptance of the characteristics and limitations of the web, particularly in reference to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and more generally, to the risks of any connection and transmission on the Internet, the lack of protection of some data from any subtractions and risk of contamination by viruses circulating on the Internet.
9.2 Tobia Longarini can not be held liable for any direct or indirect damage generated by an interruption, by a malfunction of any nature and for any cause, or for any direct or indirect consequence, in any way, of a connection to their website. It is up to each Internet user to take all the appropriate security measures to protect their data from any attack and/or software stored into the computer. The connection to the website by anyone falls under his sole responsibility.
9.3 In all cases, except for willful misconduct and gross negligence and liability for product defects, the total liability of Tobia Longarini for all reparable damages, as defined in the contract, possibly caused by it is limited to the foreseeable damages, direct and material that you actually suffered through breach of Tobia Longarini.
Such repair shall in no event exceed the amount of your last purchase, even if Tobia Longarini was aware of the possibility of such damages.
10. Intellectual Property Rights and License of Use
10.1 Tobia Longarini, other companies of Tobia Longarini or third parties, have the intellectual property and industrial rights (eg. trademark rights, patents, registered models and drawings) on all of the information, software, documentation, data, data structures, services, logos, trademarks, designs, texts, video files, audio files, images and other content (hereinafter referred to as "content") published or used within the Web site. The failure to mention the rights of property does not necessarily mean that the elements of the website are not covered by any right of Tobia Longarini.
10.2 The contents of the Website may be downloaded, viewed and/or printed solely and exclusively for private, non-commercial use and only on condition that, insofar where and as long as:
- Reproduction in whole or part of the website is not strictly prohibited;
- Documents or related graphics are not modified, altered, or translated;
- The graphics of the website should not be used without the associated text;
- The mentions, of whatever nature, relating to copyrights or other rights related to the content downloaded by the user, are not stored and reproduced by him;
- The source code or structure of the images and/or of the content and/or content itself should not be disclosed, decompiled or used for purposes other than those strictly necessary for the operation and use of the website, and/or
-Contents should not be used to manufacture products.
11. Hyperlinks (links) to and from other websites
11.1 The website may contain hyperlinks (links) to websites belonging to third parties. These other sites are not under the control of Tobia Longarini and you should take note that Tobia Longarini is not responsible for the accuracy, respect of property rights, intellectual or industrial, legality or content of those sites. Tobia Longarini can not reasonably, without any clear indication of a violation of law, check on contents of the Web sites that refer via hyperlinks (link). Tobia Longarini will immediately remove these links should it discover or become aware of any violation of a law. Tobia Longarini can not offer any guarantee on the degree of satisfaction that you get from the goods or services sold by one of these third party sites. You are invited to make all the searches you considered necessary or appropriate before making any transactions on any of these third party sites.
11.2 The creation of hyperlinks (links) to the website of Tobia Longarini is authorized solely and exclusively for private and noncommercial purpose. In this regard, hyperlinks (links) using the techniques of "Deep Linking", "Framing" and "In-Line Linking" and every kind of integration of all or part of the Website of Swatch (:-D) into third-party sites are prohibited. Tobia Longarini disclaims any liability for any breach of these conditions and more generally with regard to any third party site that may direct towards the website. In all cases, any hyperlink (link) to the Web site must be withdrawn on request of Tobia Longarini.
12.1 These conditions apply throughout the duration of the online presence of the products offered for sale by Tobia Longarini on the Website and are subject to change. The conditions applicable are those in force on the day and hour when you validate the order.
12.2 Tobia Longarini reserves the right to modify and amend these conditions Sales at its discretion.
12.3 You shall be subject to the policies and conditions of sale valid at the time of order, except when such changes and/or amendments are required by law or by the Competent Authority (in which case the same shall also apply to previous orders), or when such changes and/or amendments have been given to you in written communication before sending the order confirmation (in which case Tobia Longarini reserves the right to presume that you have accepted the change, unless you have sent us the due notice of rejection within 10 days from the receipt of our products).
13. Product Information
13.1 Tobia Longarini pays particular attention when placing online information about the essential characteristics of its products through technical notes along with illustrative photographs, in the limit of technology and meeting the highest industry standards.
14.1 Assignment of rights and obligations. The contract is binding for us and our respective successors. You may not transfer, assign, encumber or otherwise dispose the right of goods delivery ordered and defined in this contract, without our prior written consent.
14.2 Validity. If any provision of these terms of sale is deemed illegal or unenforceable by virtue of a judicial decision, the other provisions shall remain valid and enforceable.
14.3 Electronic Communication. While browsing on our website, you agree the fact that all communication - in accordance with the law - is carried out in electronic form. The computerized records, stored in the computer systems of Tobia Longarini and of its suppliers in reasonable conditions of safety, will be considered as evidence of orders, notices and payments. The purchase orders and invoices are saved on a reliable and durable medium to correspond to a true and durable copy as for Article 2220 of the Civil Code.
14.4 Contact Address of Tobia Longarini.
14.5 Circumstances beyond one's control: We will not be responsible however for any defect or delay for the obligations assumed by us toward you in respect to the present contract if they are caused by circumstances beyond one's control and in any case outside our reasonable control such as, for example, and not limited to:
14.5.1 Strikes, lockouts, industrial action;
14.5.2 Civil uprisings, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or not) or threat or preparation for war;
14.5.3. Fires, explosions, hurricanes, floods, earthquakes, crashes, epidemics or other natural disasters;
14.5.4 Impossibility of the use of railways, ships, planes, transport on wheels or other means of transport public or private;
14.5.5 Impossibility of the use of public or private communication networks.
14.6 Our performances under this contract shall be considered suspended during the period when these out of control events are going on and we will have available an extension of time for each of our performances during the term of such events. However, we will use reasonable care to ensure that the event can finish or otherwise in order to find a solution that allows us to fulfill our obligations, despite the event.
14.7 Waivers. If, within the term of the contract, we were to fail to insist that your obligations are fulfilled, or we should fail to exercise any rights or remedies which they hold under the same, it can not be considered in any way the same way a waiver of such rights or remedies and shall not relieve you from the obligations undertaken in this contract. A waiver by us in the face of a failure you will not be considered the same way as a subsequent waiver of subsequent breaches of your face.None waiver by us concerning any of these conditions of sale may be considered that, except as expressly provided in writing and to you in accordance with as stated in paragraph 14.4.
14.8 Uniqueness of the agreement: the general conditions of sale and each document expressly referred to in them constitute the only valid agreement concluded between us and supersede any other agreement both written or elapsed orally. It is understood that by signing this contract, neither party has referred to any agreement or obligation of the other, nor to any other obligation arising from oral or written agreements, and previous to that contract, unless expressly stated in these conditions of sale. Neither party will have experience in relation to remedies to false statements made by the other, both orally and written, prior to date of the Agreement (unless such false statements were the result of a fraud) and the only remedy available to the other side will be for breach of contract, as required by these conditions of sale.
15. Governing Law and Jurisdiction
15.1 These conditions of sale and delivery are governed by Italian law. The competent court is the Italian territorial jurisdiction under Italian law.
These conditions do not apply the UN Convention on Contracts International Sale of Goods (CVIM). For any questions or assistance in relation to the products of the brand Tobia Longarini, you can also come to one of our Tobia Longarini stores: our sales team will do everything possible to answer all your questions.
16. Protection of personal data
16.1 In compliance with the provisions of Decree 196/2003 in the "Code Personal Data Protection" (hereinafter the "Code"), the company Tobia Longarini The treatment our your personal data shall follow principles of fairness, lawfulness and transparency, and will be achieved by protecting your privacy, your rights and fundamental freedoms, in compliance with current legislation on safety and protection of personal data.