TERMS AND CONDITIONS OF SALE
1.1. These general terms and conditions of sale (the 'Terms and Conditions') apply to products under the THUN brand ('Products' or 'Product') purchased through the e-commerce website (the 'Website') by users who qualify as 'Consumers' pursuant to Article
1.2 below. The Website is owned by Thun S.p.A, with registered office in Bolzano, via Galvani, no. 29, Italy, tax code and VAT number 00833770217 and Bolzano Trade and Companies Register number 89957. 1.2. The purchase of Products via the Website shall be between Thun S.p.A, i.e. the seller (hereinafter the 'Seller'), and the party purchasing one or more Products for reasons unrelated to their business, commercial, artisan or professional activity, i.e. the Purchaser (hereinafter the 'Consumer'). The resale or transfer of products purchased on the Website for any commercial or professional purpose is strictly prohibited. The Seller and the Consumer shall hereinafter be referred to collectively as the 'Parties'. All activities relating to the fulfilment of purchase orders, including the delivery of Products, the management and resolution of complaints, the management of practices relating to exercising right of cancellations in accordance with article 52 et seq. of the Consumer Code, to refunds and returns, also in accordance with article 128 et seq. of the Consumer Code, shall be handled by the Seller.
1.3. The Seller owns the rights to the Website domain name, logos and trademarks relating to Products on the Website, as well as copyright over the Website content.
1.4. Any communication on the part of the Consumer in connection with and/ or related to purchase of the Products - including reports, complaints, requests regarding the purchase and/or delivery of the Products, exercising right of cancellations, etc. - must be sent to the Seller at the address and in the manner indicated on the Website, and to email@example.com.
1.5. Each purchase is governed by the general terms and conditions of sale in the version published on the Website when the order is placed by the Consumer.
1.6. The Website is dedicated to retail and as such is intended for the exclusive use of Consumers. Parties who are not Consumers are advised not to place purchase orders. Where one or more sales are made to a party that does not qualify as a Consumer, these Terms and Conditions shall apply but, in contrast with the provisions therein:
a) the purchaser shall not be granted the right of cancellations set forth in article 10;
b) the purchaser shall not benefit from the Product warranty specified in Article 8;
c) the purchaser shall not be granted any other protection provided herein in favour of the Consumer, that reflects or complies with mandatory provisions of law;
d) the sales contract concluded between the Seller and the Purchaser shall be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention, 1980.
1.7. When sending the purchase order, the Consumer agrees that the order confirmation and these Terms and Conditions shall be sent to the Consumer via email to the latter's address submitted when registering on the Website or during the purchase process.
1.8. In order to make purchases on the Website, the Consumer must be of legal age (18 years of age) and legal capacity, which the Consumer declares to be the case.
1.9. The Consumer is solely liable for any costs related to connecting to the Website via the Internet, including telephone costs, in accordance with the rates applied by the operator as chosen by the Consumer.
2. Product features and availability across geographical areas
2.1. Products are sold with the features described on the Website and in accordance with the Terms and Conditions published on the Website when the Consumer sends the order, to the exclusion of any other terms and conditions.
2.2. The Seller reserves the right to modify these Terms and Conditions at any time, at its sole discretion, without being required to notify Website users. Any modifications made shall take effect from the date of publication on the Website and shall apply only to sales completed on or after that date.
2.3. Prices, Products on sale on the Website and/or the features of these may be subject to change without notice. These changes shall apply only to orders that are unconfirmed as of the date of the change. In any event, before submitting the purchase order in accordance with point 3 below, the Consumer is advised to check the final sale price.
2.4 The Website is accessible worldwide. However, Products available on the Website can be purchased only by users that request delivery to one of the States indicated on the Website.
3. Product purchase methods - completion of each individual purchase contract
3.1. The presentation of Products on the Website, which is not binding on the Seller, is a mere invitation for the Consumer to make a contract purchase proposal and not a public offer.
3.2. The purchase order sent by the Consumer to the Seller via the Website has the value of a contract proposal and is governed by these Terms and Conditions, which form an integral part of the order and which the Consumer, by submitting an order to the Seller, is required to agree to in full, without reservation. Before purchasing Products via a purchase order, the Consumer shall be asked to read these Terms and Conditions and the information on right of cancellations carefully, to print a copy via the print button and to save or make a copy for their personal use. Furthermore, the Consumer shall be asked to identify and correct any data entry errors.
3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer, at the latter's email address specified to the Seller at the time of registration on the Website or when sending the order if the Consumer did not register on the Website, a confirmation email for that order, which shall provide a link to these Terms and Conditions, an order summary with information about the price, shipping costs and applicable taxes, and a description of the features of the Product ordered. The Consumer's order, the Seller's order confirmation and the Terms and Conditions that apply to the relationship between the parties shall be electronically stored by the Seller in its IT system and the Consumer may request a copy of it by sending an email to the Seller at firstname.lastname@example.org.
3.4. Each contract for the purchase of Products shall be deemed to be concluded when the Consumer receives an order confirmation from the Seller by email.
4. Product selection and purchase process
4.1. The Products displayed on the Website may be purchased by selecting the Products of interest to the Consumer and adding them to the dedicated virtual shopping cart. Once the Products have been selected, in order to purchase the Products in the cart, the Consumer will be invited to (i) register with the Website, providing the required data, or (ii) log-in details, if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the contract to be completed. If the details noted in the order are different from those provided during registration on the Website, the Consumer shall be asked to confirm their details (including, but not limited to, forename, surname, etc.), as well as the delivery address for the selected Products, the billing address and, optionally, a telephone number where they can be contacted for any communication relating to the purchase. The Consumer shall see an order summary, whose content may be amended; then, after careful reading, the Consumer must expressly approve these Terms and Conditions by ticking the appropriate check box on the Site and then, by clicking the “Enter order" button, the Consumer will be asked to confirm his order, which will be sent to the Seller and will produce the effects described in paragraph 3.2. of this contract. The Consumer shall also be asked to select the shipping and payment method from amongst those available. In the event that the Consumer decides to pay immediately (at the time of the purchase) by credit card or PayPal, they shall be required to send the relevant information through a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the details entered by the Consumer. If the payment is made by credit card, the purchase amount shall be debited only when the order confirmation is sent by the Seller to the Consumer.
4.2. If, during the Website Product selection process specified in point 4.1, the Consumer discovers that the price of one or more of the Products that they intend to select for the next purchase is clearly lower than the price normally applied, net of any discounts and/or promotions in effect at that time, due to an evident technical issue occurring on the Website, they will be asked not to complete the purchase order and to notify this technical issue to the Seller's Customer Service department via email to email@example.com.
4.3. If the Consumer has completed the order and it includes a Product whose price is clearly lower than the price normally applied, net of any discounts and/or promotions in effect at that time, due to an evident technical issue occurring on the Website, and the Consumer has not yet received the Product, the Seller shall (i) cancel the order by sending an email to the email address specified by the Consumer when they sent the order and (ii) refund to the Consumer the payments made by the latter for the cancelled order, including shipping costs, without delay and, in any event, no later than 14 days from cancellation of the order, using the same payment method used by the Consumer for the initial transaction.
5. Delivery of goods and acceptance
5.1. The Website states the availability of Products and the delivery times for these; however, this information is deemed to be purely indicative and not binding on the Seller.
5.2 The Seller undertakes to do everything in its power to adhere to the delivery times specified on the Website and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the date on which the Consumer sent the order. In the event of the non-fulfilment of an order on the part of the Seller due to the unavailability, including temporary unavailability, of the Product, the Seller shall notify the Consumer in writing and refund any amounts already paid by the Consumer as payment for the Product pursuant to paragraph 5.3.
5.3. Products ordered by the Consumer shall be shipped via the method chosen by the Consumer, from amongst those available and specified on the Website upon placing the order. The Consumer undertakes to promptly check, as soon as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any discrepancy with the order placed, within 30 days of the Products being ordered; failing to do so shall result in the Products being deemed as accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at its destination and is clearly damaged, the Consumer shall be advised to refuse delivery by the carrier/shipper or to accept delivery 'with reserve'.
5.4. Where available, the Consumer shall also be able to choose Delivery to Store when placing the order, choosing the most convenient store from amongst those specified on the Website from where the Product(s) that are the object of the purchase order can be collected.
Cash on delivery is not available as a method of payment for this type of delivery.
After receiving an email from the Seller confirming 'Product Collection', the Consumer must go to the store chosen when placing the order to collect the ordered Product, taking with them a copy of the email confirming their order, the tax receipt or invoice, which will have been received in a dedicated email, and valid ID. If the Consumer does not collect the Product(s) that are the object of the purchase order within 7 (seven) days following receipt of the aforementioned 'Product Collection' email, the Seller shall refund the Consumer the relevant amount paid within 14 (fourteen) days, using the same payment method chosen by the Consumer for the initial transaction. In the event that the order is cancelled, the Seller shall have the right to sell the Products that are the object of the cancelled order to third parties. It is understood that the employees of each store are not authorised to open packages containing orders, to replace and/or supplement any missing and/or non-compliant Products, or to send the Consumer's order specifying Delivery to Store to another address.
In the event that the order is collected by a third party who is not the cardholder, the third party must go the store with a power of attorney signed by the cardholder of the order, a copy of a valid identity document for the latter and a copy of the order confirmation and tax receipt or invoice, which the Consumer received by email.
6. Prices, shipping costs, taxes and duties
6.1. The price of Products is that specified on the Website at the time the Consumer submits the order. Prices include standard packing costs, VAT (where applicable) and any indirect taxes (where applicable), but do not include shipping costs calculated before the Seller confirms the order to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price specified on the Website.
6.2. The Consumer shall pay the Seller the total price stated in the order and the order confirmation that the Seller shall send to the Consumer by email. 6.3. If the Products are to be delivered to a country outside of the European Union, the total price specified in the order and confirmed in the order confirmation, including indirect taxes (where applicable), is net of any customs duties and other sales taxes, which the Consumer hereby undertakes to pay, if due, in addition to the price specified in the order and order confirmation, in accordance with the provisions of the law of the country to which the Products are to be sent. The Consumer is advised to inquire with the competent authorities of their country of residence or country of destination of the Products in order to obtain information about any duties or taxes applied in the country or residence or country of destination of the Products.
6.4. The Consumer is solely responsible for paying any additional costs, charges, taxes and/or duties that a given country may apply to the Products ordered under these Terms and Conditions.
6.5. The Consumer declares that a lack of knowledge of the costs, charges, customs, taxes and/or duties specified in paragraphs 6.3. and 6.4. above, at the time placing an order with the Seller, may not constitute grounds for the termination of this contract and may not in any way charge these to the Seller.
7.1. Payment of the price of Products purchased through the Website must be made within 10 (ten) days from the date on which the order confirmation is sent to the Consumer by the Seller. The Consumer expressly agrees that the performance of the contract by the Seller shall commence when the price of the Product(s) purchased is credited to the Seller's current account.
7.2. Payment may be made by credit card, PayPal or cash on delivery where this is permitted by law and these Terms and Conditions of Sale, in accordance with the following conditions. The Seller may accept other payment methods, which it shall indicate in the payment section of the Website.
7.3. If payment is made by credit card, the Consumer shall be transferred to a secure website and the credit card details shall be sent directly to Banca Sella S.p.A, with registered office in Biella (Italy), Piazza Gaudenzio Sella, 1 - 13900 Biella, registered with the Chamber of Commerce of Biella, VAT no. 02224410023, the operator that handles payments on behalf of the Seller. The transmitted data will be sent in protected mode, and shall be encrypted in a 128-bit Secure Socket Layer (SSL). This data shall not be accessible to the Seller.
7.5. The Consumer may choose cash on delivery as a payment method, which is limited to deliveries within Italy and for orders of up to 2,999.99 Euros. There is an additional charge of 3 Euros for cash on delivery, and payment to the courier must be made in cash only (cheques, cards and debit cards shall not be accepted).
7.6. The receipt for the purchase may be downloaded from the 'My Account' page.
8. Seller's compliance warranty, reporting non-compliances and interventions under warranty
8.1. Pursuant to and for the purposes of European Directive 44/99/EC and Italian Legislative Decree no. 206/2005 (hereinafter 'Consumer Code'), the Seller guarantees the Consumer that the Products shall be free from design and physical faults and shall match the descriptions published on the Website for 2 (two) years from the date on which the Products are delivered to the Consumer. The application of any warranty in the event of the incorrect use or washing or other handling of the Product, which does not comply with the instructions/warnings provided by the Seller and/or the Proprietor, or included in the reference documentation, tags or labels, is excluded.
8.2. On pain of cancellation of this warranty, the Consumer shall be responsible for reporting any faults and non-compliances within 2 (two) months from discovering it, sending the relevant and duly completed form by email to the Seller's Customer Service department at firstname.lastname@example.org, which shall provide information about the fault and/or non-compliance, and include the required documentation noted in the return form (at least 1 (one) photograph of the product, the order confirmation send by the Seller and/or the tax receipt).
8.3. Upon receipt of the form and the relevant documentation, the Seller shall assess the faults and non-compliances reported by the Consumer and, after carrying out quality checks to verify the actual non-compliance of the Product, shall decide whether to authorise the repair of the Products under warranty or, if this is not possible, authorise the return of the same by providing the Consumer with a confirmation, containing the 'Return Code', by email to the address provided by the latter during the registration process on the Website or when sending the order. Authorisation to return the Products shall in no way constitute acknowledgement of the faults or non-compliances, the existence of which must be determined after the Product is returned. The Products which the Seller has authorised to be returned must be returned by the Consumer, together with a copy of the return authorisation bearing the 'Return Code', within 30 (thirty) days of reporting the fault or non-compliance, to the following address:
THUN S.p.A. c/o THUN LOGISTICS SRL
VIA RITA CASTAGNA 1 - 46100 MANTOVA (MN) ITALY
8.4. In the event of a fault or non-compliance, the Consumer shall have the right to have the Product's conformity restored by the Seller, by repair or replacement, or to alternative remedies in the cases expressly specified in article 130 of Legislative Decree no. 206/2005. If the Seller has undertaken to refund the amount paid to the Consumer, the refund shall be made, where possible, via the same payment method used by the Consumer at the time of purchasing the Product or by bank transfer. The Consumer shall be responsible for notifying the Seller, by email to email@example.com, of the details of the bank to which the transfer should be made in their favour and to ensure that the Seller is enabled to return the amount due.
8.5 Products that have been repaired, modified or altered in any way by the Consumer shall be excluded from the Warranty The following is also excluded from the warranty: faults or malfunctions or other defects caused by accidental events or caused by the Consumer, or using the Product contrary to its intended urpose and/or to the provisions of the technical document attached to the Product, where applicable, or of the instructions for use relating to the same.
9. Liability for damage caused by faulty Products
9.1. Regarding damage caused by faulty Products, the provisions of European Directive 85/374/EEC and the Consumer Code shall apply.
10. right of cancellation
10.1 Without prejudice to the exceptions provided for in article 59 of the Consumer Code, the Consumer shall be entitled to withdraw from any contract concluded in accordance with these Terms and Conditions, without having to provide a reason and without penalty, within 14 (fourteen) days from when (i) the Product is delivered or, (ii) where purchasing several Products in a single order which are delivered separately, when the last Product is delivered. 10.2 To exercise the right of cancellation, before the end of the time frame specified in paragraph 10.1 above the Consumer must access the 'My Returns' page of 'My Account' or, if not registered on the Website, access the relevant page and enter the order number and email address used to make the purchase. Alternatively, the Consumer may send an explicit declaration, via the contact form or to firstname.lastname@example.org, of the decision to cancel using the attached cancellation form.
10.3 Following the provisions of point
10.2 above, the Consumer shall receive an email confirming the cancellation notification, which contains, if the ordered product has already been received, the return form to include with the package and instructions for returning the product, which must be sent within 14 days to:
THUN S.p.A. c/o THUN LOGISTICS SRL
VIA RITA CASTAGNA 1 - 46100 MANTOVA (MN) ITALY
10.4 If the Consumer has received the product, they must return it to the above address without delay and, in any event, within 14 days from the day on which cancellation was notified. The deadline shall be met if the Consumer returns the goods before the end of the 14-day period. The risks and direct costs for returning the goods, as well as proof thereof, shall be the Consumer's responsibility. The Consumer must also arrange to ship the Products via a carrier of their choice and at their own expense.
10.5 In the event of cancellation, the Consumer shall be refunded the amounts paid, including shipping costs, without undue delay and, in any event, no later than 14 days from the cancellation notification. The amounts shall be refunded using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund by another payment method, in which case any additional costs arising from the other payment method chosen shall be covered by the Consumer. The refund may be suspended until the goods have been received or until the Consumer has proven that they have returned the goods, whichever comes first. Additional costs arising from choosing a delivery type other than the cheapest standard delivery offered, as well as the price and any additional costs related to the customisation of Products and related services, shall not be refunded.
10.6 The Consumer shall be responsible for the reduction in the value of the goods if handled in a way contrary to that which is necessary for establishing the nature, features and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear and tear, abrasions, dents, scratches, deformations, etc.), not accompanied by all their components and accessories (including labels and cards unaltered and attached to the product), and not accompanied by the attached instructions/notes/manuals, the original packaging and the warranty certificate, where present, the Consumer shall be liable for the reduction in the value of the goods, and shall be entitled to a refund of the amount equal to the residual value of the Product. For this purpose, therefore, the Consumer is requested not to handle the goods beyond that which is strictly necessary for establishing the nature, features and functioning of the same and to cover the original Product packaging with other protective packaging that preserves their integrity and protects them during transport, including wording and labels.
11. Intellectual property rights
11.1. The Consumer declares that they are aware that all trademarks and names, as well as any distinctive sign, name, image, photograph, written or graphic text used on the Website or relating to the Products are and shall remain the exclusive property of THUN S.p.A. and/or its successors in title, without any rights deriving from access to the Website and/or the purchase of the Products for the Consumer.
11.2. The content of the Website may not be reproduced, in whole or in part, transferred via electronic or conventional means, modified, or used for any purpose without the prior written consent of THUN S.p.A.
12. Consumer Data and Privacy
12.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are accurate and true.
12.3. The Consumer may, at any time, update and/or modify personal data provided to the Seller via the relevant section of the My Account page, which may be accessed upon authorisation.
13.1. Although the Seller takes measures to protect the personal data against loss, falsification, manipulation and misuse by third parties, due to the nature and technical limitations relating to the protection of electronic communications over the Internet, the Seller cannot guarantee that the information or data displayed by the Consumer on the Website, even after the Consumer has given authentication (login), shall not be accessible or viewable by unauthorised third parties.
13.2. Regarding credit card payment data, the Seller shall use the services of the company Banca Sella S.p.A, which uses technical systems that are able to ensure the highest levels of reliability, security, protection and confidentiality of data sent via the Internet.
14. Applicable law, attempt at mediation and jurisdiction
14.1. Each sales contract concluded between the Seller and Consumers under these Terms and Conditions shall be governed and interpreted according to Italian Law, and in particular the Consumer Code, with specific reference to regulations on distance contracts, and Legislative Decree no. 70 of 9 April 2003 on certain aspects of e-commerce. In any event this shall be without prejudice to any rights granted to Consumers by mandatory provisions of law in force in the State in which they are resident.
14.2. In the event of disputes between the Seller and a Consumer, we hereby guarantee that we shall take part in an amicable attempt at mediation that each Consumer may refer to RisolviOnline, an independent and official service provided by the Arbitration Chamber of the Commercial Chamber of Milan, which allows a satisfactory agreement to be reached with the help of a neutral and competent conciliator in an amicable and secure manner via the Internet. For more information on RisolviOnline's regulations or to request mediation request, please visit www.risolvionline.com.
14.3. As an alternative to the attempt at mediation referred to in point 14.2 above, the Consumer shall also have the right to access the European Online Dispute Resolution platform (European ODR Platform) in order to resolve any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission in accordance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, efficient, quick and fair extrajudicial resolution of disputes regarding contractual obligations arising from sales contracts or online services between an EU consumer and an EU-based professional through the intervention of a member ADR body (Alternative Dispute Resolution), which can be chosen from a specific list available on the website. For more information about the European ODR Platform or to submit an alternative dispute resolution procedure for a dispute concerning this contract through the Platform, please visit the following link: http://ec.europa.eu/odr. The Seller's email address to be noted in the European ODR Platform is email@example.com.
14.4. If the attempt at mediation referred to in points 14.2 or 14.3 above is not made, or if the attempt fails, the dispute shall be referred to the court of the Consumer's place of residence or domicile.