09 Terms and conditions

GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES

These General Conditions of Sale govern the purchase of products from Trevikart Srl, Green Design division, carried out remotely via the telematic network on the site

https://www.tkgreendesign.it .

ART. 1 - DEFINITIONS

  • Trevikart Srl: company owner of the Site and seller, with registered office in Ospedaletto d'Istrana (TV), Via Castellana 90, Italy, registered in the Treviso Register of Companies Rea TV 167752 VAT number 01222730267;

  • General Conditions: conditions applied by Trevikart Srl for the remote sale of the Products, through the Site;

  • Site: https://www.tkgreendesign.it ;

  • Customer / Customers: user / s who, after registration, access the Site to view and execute any Orders;

  • Order / Orders: online purchase proposals for Products on the Site, by registered Customers;

  • Products: Trevikart Srl products temporarily present on the Site - # Green Design line;

  • # Green Design Line: all products marketed by Trevikart Srl on the Site.

ART. 2 - GENERAL NOTES - All purchases of Products made on the Site are concluded by Customers with Trevikart Srl, are governed by these General Conditions and, as far as not regulated, by the so-called Consumer Code (Legislative Decree 206/2005) , section II - Distance contracts, by the rules of Electronic Commerce (Legislative Decree 70/2003) and, to protect confidentiality, by the so-called Privacy Law (Legislative Decree 196/03). The General Conditions applied are those in force on the date the Order is sent and can be modified at any time, valid for Orders subsequent to their publication on the Site.

ART. 3 - PRODUCTS - These General Conditions apply exclusively to the sale, via the web, of the Products displayed and in the manner indicated on the Website https://www.tkgreendesign.it . The visual representation of the Products on the Site, where available, normally corresponds to the photographic image of the same, but has the sole purpose of presenting them for sale, without Trevikart Srl's guarantee on the exact correspondence of the image depicted on the Site, with the product. real, with regard to the chromatic aspects. In the event of a difference between the image and the description, the description of the Products always prevails.

ART. 4 - PRICES - The prices of the Products include VAT, refer to the current price list and do not include delivery costs, which are charged to the Customer as detailed in the Order. Their amount may vary according to the mode of transport and the place of delivery.

ART. 5 - REGISTRATION - To make purchases from the Site, the Customer must register by accessing the Login / Register - My Account section, entering the required data, a valid email address and a password. Registration on the site is free and will be confirmed by sending an e-mail to the address provided by the Customer. The registration credentials must be used only by the Customer and cannot be transferred to third parties. The Customer is solely responsible for accessing the Site using the registration credentials and is directly liable for any damage caused to Trevikart Srl, or to third parties, by improper use, loss, or failure to protect their registration credentials.

ART. 6 - RESERVES - Trevikart reserves the discretionary right to accept the Customer's Order or not, without the latter being able to make claims, for any reason, including compensation, for the non-acceptance. The accepted order will be processed only following the Customer's payment.

ART. 7 - PURCHASE PROCEDURES (ORDERS) - The publication of the Products on the Site constitutes an invitation to purchase addressed to Customers. Registered Customers can send Purchase Orders for the Products present in the Site catalog, as described in the relevant information sheets and respecting the procedures illustrated therein. To proceed with the compilation of the Order, the customer can follow the following methods:

a) Customer already registered on the Site: it will be sufficient to enter the login credentials (username and password) in the Registered Customers section.

b) New customer: will have to register online, in the Login / Register - My Account section.

Before placing the Order, the Customer can check the unit cost of each Product chosen, the total cost of several Products and the delivery costs. The procedure will be correctly completed if the Site does not show any error messages (the system cannot detect errors in reference to the data entered by the Customer in the field dedicated to billing and shipping addresses).

ART. 8 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE - By sending the Order electronically, the Customer declares to have read and accepted these General Conditions which are therefore valid in relations with Trevikart Srl.

ART. 9 - CONCLUSION OF THE CONTRACT - Following the sending of the Order, the Customer will receive from TreviKart Srl an e-mail confirming receipt, number attributed, information relating to the main characteristics of the Product purchased, detailed indication of the price, of the costs of delivery and means of payment, specific reference to the General Contract Conditions and information about the existence of the right of withdrawal. The Customer must carefully check the correctness of the data contained in the Order and keep the acknowledgment of receipt on paper or electronic media. For any communication with Trevikart Srl, the Customer must use the Order number generated by the system.

ART. 10 - METHOD OF PAYMENT - The purchase price is in Euro and must be paid in advance online following acceptance of the Order, in the manner specified below: a) Credit cards: the accepted credit cards are: Visa, Visa Electron, Vpay, Master Card, Maestro; b) PayPal; c) Bank transfer: The user can make the payment by bank transfer in favor of Trevikart Srl; IBAN: VENETO BANCA IBAN IT57K0503512000020570080950

The Product will not be shipped until the payment has been entered into the Trevikart Srl current account. An invoice will follow with the data provided, which will be delivered to the Customer together with the Product.

ART. 11 - COMPLAINTS - RIGHT OF WITHDRAWAL - EXCEPTIONS ART. 59 CONSUMER CODE

For any complaints, Customers can write to the email address hello@tkgreendesign.it and will then be contacted within 2 working days of the request.

Pursuant to art. 52 and following of Legislative Decree 206/2005 (so-called Consumer Code) the Consumer Customer (a natural person who purchases the Products for purposes not related to his professional activity, or without indicating a reference to VAT number) has the right to withdraw from the purchase for any reason and without providing explanations, as specified in the information in the dedicated section, called "Consumer's right of withdrawal".

The right of withdrawal is excluded for the cases specifically listed in art. 59 of the Consumer Code, entitled Exceptions to the right of withdrawal and in particular, as regards in particular the Products of Trevikart Srl, for:

c) the supply of goods made to measure or clearly personalized;

d) the supply of goods which risk deteriorating or expiring rapidly;

e) the supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;

ART. 12 - METHOD OF DELIVERY - The purchased Product is delivered by courier to the address indicated by the Customer in the online Order. Deliveries will be made from Monday to Friday, during office hours, excluding national holidays. The delivery will be considered completed when the Product is made available to the Customer, at the address specified in the Order. Any damage to the anti-burglary label, the packaging and the Products, or the mismatch in the number of pieces / packages, must be immediately reported by the Customer, who may contact Trevikart Srl with the Complaint procedure, specifying the number attributed to the 'Order subject to reporting. In case of non-delivery due to the absence of the recipient, the courier will send a warning email and will attempt delivery the next day. In case of further impossibility in the delivery due to the absence of the recipient, Trevikart Srl will try to contact the Customer for a new date. If this is not possible within the next 10 days, or in the case of further absence of the recipient, the Products will be returned to Trevikart Srl. In case of delays in delivery, Trevikart Srl will notify the Customer by e-mail. Trevikart Srl will have no responsibility for delays in delivery. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or inevitable events that cause a delay in deliveries, or prevent their execution, will give Trevikart Srl the right to split, postpone or cancel, in whole or in part, the delivery, or to terminate the sales contract. In such cases, Trevikart Srl will be responsible for providing due communication to the e-mail address of the Customer, who will be entitled to a refund of the price, excluding any further claim, including compensation, against Trevikart Srl.

ART. 13 - LEGAL GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS - CONDITIONS OF OPERATION

a) Legal guarantee for the Consumer Customer (hereinafter for simplicity the Consumer): The Consumer, as defined in art. 3 of the Consumer Code (Legislative Decree 206/2005) has the right to make use of the legal guarantee provided by the Consumer Code itself in articles 128 to 132. This Guarantee provides that the Consumer, under penalty of forfeiture, must report to Trevikart Srl any lack of conformity of the Product purchased within 2 (two) months of discovery (Article 132, Consumer Code). Following this complaint, the Consumer will have the right to request the repair or replacement of the Product, without prejudice to the other rights provided by law in favor of the Consumer. By virtue of the aforementioned legal guarantee, Trevikart Srl is responsible for any lack of conformity which occurs within 2 (two) years from the delivery of the product. Beyond this term, Trevikart Srl will not be liable for any lack of conformity of the Product. In case of replacement or repair of the Product, the terms of the warranty relating to the replaced or repaired Product will be the same as the original product. Therefore, the two-year total duration of the legal guarantee will in any case start from the delivery of the original product. Reference is made to articles 128 and following of the Consumer Code.

b) Legal guarantee for the non-consumer Customer (Professional): The Professional Customer, as defined in art. 3 of the Consumer Code, has the right to the guarantee of the Civil Code only. The non-consumer Customer, under penalty of forfeiture, must report any lack of conformity of the purchased Product to Trevikart Srl, within 8 (eight) days of discovery and in any case within 12 (twelve) months of Delivery. For the guarantee Trevikart Srl requires the presentation of the purchase document.

The complaint of non-conformity of the Product must necessarily be accompanied by a copy of the purchase invoice and by a written report of the specific defects found. Upon receipt Trevikart Srl reserves the right to verify that the Product (s) have been correctly used and stored in suitable, dry places, not exposed to the sun, water and other atmospheric events capable of altering their physical and aesthetic characteristics, as indicated in the technical sheets included in the package, and available on the Site.

ART. 14 - DATA PROCESSING - Customer data are processed by Trevikart Srl in accordance with current legislation, as specified in the information in the section entitled "Privacy Policy".

ART. 15 - EXCLUSIVELY COMPETENT COURT - Any disputes relating to the interpretation, execution and termination of contracts stipulated in compliance with these General Conditions, will be entrusted to the Italian jurisdiction and to the exclusive jurisdiction of the Court of Treviso, unless mandatory rules provide for a different exclusive jurisdiction ( Court of the Customer so-called Consumer).

ART. 16 - APPLICABLE LAW - Although not expressly provided for in the General Conditions, the contracts stipulated in adherence to these General Conditions are subject to Italian law.

ART. 17 - SITE CONTENTS AND INTELLECTUAL PROPERTY RIGHTS - The contents of the Site, such as, by way of example, images, photographs, dialogues, music, sounds, videos, documents, drawings, logos and any other material published on the Site, including menus, web pages, graphics, colors, diagrams, tools, fonts and web designs, diagrams, layouts, methods, processes, functions and software, are protected by copyright and intellectual property rights of Trevikart Srl. The production, modification, duplication, copying, distribution, sale, or exploitation of the images and contents of the Site is prohibited. unless previously authorized by Trevikart Srl. Any use of the contents of the Site for commercial and / or advertising purposes by the Customers is also prohibited.

RIGHT OF WITHDRAWAL

If the Customer is a "Consumer" (or a natural person acting for purposes unrelated to entrepreneurial, commercial, craft or professional activity, as defined in art. 3 of Legislative Decree 206/2005, Italian Consumer Code), the the rights referred to in Articles. 49 and ss. of the Consumer Code (as amended by Legislative Decree of 21/02/2014, n.21).

In particular, pursuant to art. 49 of the Consumer Code, the Consumer has the right to the pre-contractual information specified in the first paragraph, letters from a) to v) and, among them, to information on the right of withdrawal (letter h).

Pursuant to art. 52, first paragraph, of the Consumer Code, subject to the exceptions of art. 59, the Consumer has a period of 14 (fourteen) days to withdraw from a distance contract (hereinafter "Right of Withdrawal") without having to provide reasons and incur costs other than those provided for by art. 56. The Withdrawal may concern all (Total Withdrawal), or part (Partial Withdrawal), the Products purchased by the Consumer.

Pursuant to art. 52, second paragraph, of the Consumer Code, the Right of Withdrawal can be exercised within 14 (fourteen) days:

  • from the day on which the Consumer, or a third party other than the Carrier and designated by the Consumer, acquires physical possession of the Products (hereinafter "Withdrawal Period");

  • in the case of multiple goods ordered by the Consumer with a single order and delivered separately, from the day on which the Consumer, or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last good;

  • in the case of delivery of a good consisting of multiple lots or pieces, from the day on which the Consumer, or a third party other than the carrier and designated by the Consumer, acquires physical possession of the last lot or piece;

  • in the case of contracts with periodic delivery of goods during a certain period of time, from the day on which the Consumer, or a third party other than the carrier and designated by the Consumer, acquires physical possession of the first good.

The right of withdrawal is exercised by sending - before the expiry of the Withdrawal Period - of a communication (hereinafter "Notice of Withdrawal"), by e-mail to hello@tkgreendesign.it, or by fax to the number +39 0422 978922, or with the postal service at Trevikart Srl, registered office in Ospedaletto di Istrana (TV), Via Castellana, n. 900.1

The exercise of the Right of Withdrawal resolves the obligations of the parties and must specify the Products for which it is exercised. Following the correct exercise of the Right of Withdrawal, Trevikart Srl will notify the Consumer, via e-mail, of the File number, which must be indicated by the Consumer when returning the Product (s) (hereinafter "Return").

The Return of the Product (s) will follow within 14 (fourteen) days from the Notice of Withdrawal. The term will be respected by the Consumer after shipment or delivery of the Products / or before the expiry of the aforementioned 14 days. The Consumer may return the Product (s) by going to Trevikart Srl in Ospedaletto di Istrana (TV), or by postal service / carrier, with the costs and risks of transport borne by the Consumer.

The Product (s) must be returned packed in their original packaging, undamaged or damaged, with all accessories, instructions for use and documentation. The Product (s) must be:

  • Equipped with the transport document / sales invoice (present in the original packaging) to allow Trevikart Srl to identify the customer (order number, name and surname, address, date of dispatch);

  • Without obvious signs of use, other than those compatible with carrying out a normal test of the article (they must not bear traces of prolonged use, or in any case exceeding the time necessary for a test and must not be in a state such as to compromise its resale);

  • Due to their particularity, the Trevikart Srl Products must have been positioned and stored in suitable places, dry, not exposed to the sun, water and other atmospheric events capable of altering their physical and aesthetic characteristics, as per this technical data sheet. in the packaging and information available on the Site.

If the Product does not comply with what is specified in this paragraph, the withdrawal will not be effective.


If the Right of Withdrawal is regularly exercised, Trevikart Srl will reimburse the Consumer for the relative price, including the original delivery costs, with the exception of any additional costs deriving from the choice of a type of delivery other than the usual ones offered by Trevikart Srl. reimbursement will follow within 14 (fourteen) days of receipt of the communication of the Right of Withdrawal, at no cost and with the same means of payment used by the Consumer for the initial transaction, unless otherwise expressly requested by the Consumer.

Trevikart Srl pursuant to art. 56 of the Consumer Code reserves the right to withhold the refund until receipt of the Product (s), or until the Consumer has demonstrated that he has sent the Products /.

The right of withdrawal for distance contracts, referred to in articles 52 to 58, is excluded for the cases specifically listed in art. 59 of the Consumer Code, entitled Exceptions to the right of withdrawal, which is shown below in the full version.

1. The right of withdrawal pursuant to articles 52 to 58 for distance contracts and contracts negotiated away from business premises is excluded in relation to:

a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional;

b) the supply of goods or services whose price is linked to fluctuations in the financial market that the trader is unable to control and which may occur during the withdrawal period;

c) the supply of goods made to measure or clearly personalized;

d) the supply of goods which risk deteriorating or expiring rapidly;

e) the supply of sealed goods which are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;

f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;

g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after thirty days and whose actual value depends on fluctuations on the market that cannot be controlled by the professional;

h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;

i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;

l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;

m) contracts concluded at a public auction;

n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of execution;

o) the supply of digital content by means of a non-material support if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal.

(1) Article replaced by article 1, paragraph 1, of Legislative Decree no. 21, with the effective date referred to in Article 2, paragraph 1, of Legislative Decree 21/2014.