The goods covered by these general conditions are offered for sale by TOO FAST di FEDERICO Di Ganci Via Premuda N.30 423123 Reggio nell'Emilia VAT 02895330351 C.F: DGNFRC98L18F463Y hereinafter referred to as "Supplier".
Art. 1 Definitions
1.1. The term "online sales contract" means the purchase and sale contract relating to the tangible movable goods of the Supplier, stipulated between them and the Buyer as part of a distance sales system through telematic tools, organized by the Supplier.
1.2. The term "Buyer" means the consumer who is a natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
1.3. The term "Supplier" means the subject indicated in the epigraph or the provider of information services.
Art. 2 Object of the contract
2.1. With this contract, respectively, the Supplier sells and the Buyer purchases remotely through telematic tools the tangible movable goods indicated and offered for sale on the website andreabiancheria.it
2.2. The products referred to in the previous point are illustrated on the web page: Toofastorigin.com
Art. 3 Method of conclusion of the contract
3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet through the Buyer's access to the Toofastorigin.com address, where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
Art. 4 Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded by the exact compilation of the request form and the consent to the purchase expressed through the adhesion sent online or with the compilation of the form / form attached to the online electronic catalog at the www.Toofastorigin.com/prodotti/ordine address and the subsequent sending of the form / form itself, always after viewing a web page summarizing the order, printable, which shows the details of the purchaser and the order, the price of the purchased good, the shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, it will send a confirmation e-mail or display a printable order confirmation and summary web page, which also contains the data referred to in the previous point.
4.3. The contract is not considered perfected and effective between the parties in default of what is indicated in the previous point.
Art. 5 Methods of payment, return and refund
5.1. Any payment by the Buyer can only be made by PayPal, credit card via Stripe wallet, advance bank transfer and cash on delivery. In the case of a business customer or retailer, payment can be made via bank receipts or scheduled transfers.
5.2. Any refund to the Buyer will be credited through one of the methods used for payment, in a timely manner and, in case of exercise of the right of withdrawal, as governed by art. 13, point 2 et seq. of this contract, at the latest within 30 days from the date on which the Supplier became aware of the withdrawal.
5.3. All communications relating to payments take place on a special line of the Supplier protected by encryption. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data.
Art. 6 Delivery times and methods
6.1. The Supplier will deliver the selected and ordered products, in the manner chosen by the Buyer or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in point
6.2. Shipping times may vary from the day of the order to a maximum of 21 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within that period but, in any case, within the one indicated in the following point, it will be promptly notified by e-mail to the Buyer.
6.3. Shipping costs are free for all products unless otherwise indicated on the product.
Art. 7 Prices
7.1. All sales prices of the products displayed and indicated on the www.Toofastorigin.com website are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sales prices, referred to in the previous point, are inclusive of VAT and any other tax. Shipping costs and any ancillary charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is placed by the Buyer and also contained in the web page summarizing the order placed.
7.3. The prices indicated in correspondence with each of the goods offered to the public are valid until they are revised.
7.4. In the case of business customers, the prices indicated after accessing their reserved area are indicated excluding VAT, the calculation of taxes will be performed during the completion of the order before making payment.
Art. 8 Availability of products
8.1. The Supplier ensures through the telematic system used the processing and fulfillment of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the goods can no longer be booked or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not.
8.3. The Supplier's computer system confirms the registration of the order as soon as possible by sending the User a confirmation by e-mail, pursuant to point 4.2.
8.4. In case of lack of a product due to stock errors, the Supplier reserves the right to cancel the order by refunding the customer within 5 working days.
Art. 9 Limitations of liability
9.1. The Supplier assumes no responsibility for disservices due to force majeure if it fails to execute the order within the time stipulated in the contract.
9.2. The Supplier cannot be held liable to the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet outside its control or that of its subcontractors.
9.3. The Supplier shall also not be liable for damages, losses and costs incurred by the Purchaser as a result of failure to execute the contract for reasons not attributable to him, as the Purchaser is only entitled to a full refund of the price paid and any ancillary charges incurred.
9.4. The Supplier assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.
9.5. Under no circumstances may the Buyer be held responsible for delays or errors in payment if it proves to have made the payment within the time and manner indicated by the Supplier.
Art. 10 Liability for defects, proof of damage and compensable damages.
10.1. Pursuant to Articles. 114 et seq. of the Consumer Code, the Supplier is responsible for damage caused by defects in the goods sold if he fails to communicate to the Injured Party, within 3 months of the request, the identity and domicile of the manufacturer or the person who supplied him with the goods.
10.2. The aforementioned request, by the Injured Party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; It must also contain the offer in view of the product, if it still exists.
10.3. The Supplier cannot be held responsible for the consequences derived from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer put the product into circulation, did not yet allow the product to be considered defective.
10.4. No compensation will be due if the Injured Party has been aware of the defect of the product and the danger deriving from it and has nevertheless voluntarily exposed himself to it.
10.5. In any case, the Injured Party must prove the defect, the damage, and the causal connection between defect and damage.
10.6. The Injured Party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is normally intended for private use or consumption and thus mainly used by the Injured Party.
Art. 11 Guarantees and assistance methods
11.1. The Supplier is liable for any lack of conformity that occurs within 2 years from delivery of the goods (1 year for purchases with invoice).
11.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances exist: a) they are suitable for the use for which goods of the same type are normally used; b) conform to the description made by the Seller and possess the qualities of the goods that the Seller has presented to the Consumer as a sample or model; c) present the usual quality and performance of a good of the same type, which the Consumer can reasonably expect, taking into account the nature of the goods and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) are also suitable for the particular use desired by the Consumer and that has been brought to the attention of the Seller at the time of conclusion of the contract and that the Seller has also accepted for conclusive facts.
11.3. The Buyer loses all rights if he does not report the lack of conformity to the Seller within 1 months from the date on which the defect was discovered. The complaint is not necessary if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within 6 months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
11.5. In the event of a lack of conformity, the Purchaser may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request must be sent in writing, by pec to the email@example.com address, to the Supplier, who will indicate his willingness to process the request, or the reasons that prevent him from doing so, within 7 working days of receipt. In the same communication, if the Supplier has accepted the Buyer's request, he must indicate the methods of shipment or return of the goods as well as the deadline for returning or replacing the defective goods.
11.7. If the repair and replacement are impossible or excessively expensive, or the Supplier has not repaired or replaced the goods within the period referred to in the previous point or, finally, the replacement or repair previously carried out have caused considerable inconvenience to the Buyer, the latter may request, at his choice, an appropriate reduction in the price or termination of the contract. In this case, the Buyer must send his request to the Supplier, who will indicate his willingness to process it, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, if the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective goods. In such cases, it will be the Buyer's responsibility to indicate the procedures for crediting the sums previously paid to the Supplier.
Art. 12 Obligations of the Buyer
12.1. The Buyer undertakes to pay the price of the purchased goods in the times and ways indicated in the contract.
12.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract.
12.3. The information contained in this contract has been, however, already viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before confirmation of purchase.
Art. 13 Right of withdrawal
13.1. The Buyer has in any case the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 (fourteen) working days, starting from the day of receipt of the purchased goods.
13.2. In the event that the Buyer has not fulfilled the obligations of information on the existence, methods and timing of return or withdrawal of the goods in case of exercise of the right of withdrawal pursuant to art. 52 of the Consumer Code, the term for exercising the right of withdrawal is 12 (twelve) months starting from the end of the initial withdrawal period and starts from the day of receipt of the goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, he must notify the Seller by certified e-mail to the e-mail firstname.lastname@example.org. For the purpose of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that they are within the same terms. The date of delivery to the post office or shipper will prevail between the Parties.
13.4. The return of the goods must in any case take place at the latest within 30 (thirty) days from the date of receipt of the goods. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact and, in any case, in normal condition.
13.5. The Buyer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, cannot be returned or are likely to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in financial market rates that the professional is not able to control and in any other case provided for by art. 55 of the Consumer Code.
13.6. The only expenses payable by the Consumer for exercising the right of withdrawal pursuant to this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
13.7. The Supplier will refund the full amount paid by the Buyer free of charge within 30 (thirty) days of receipt of the notice of withdrawal.
13.8. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
Art. 14 Grounds for termination
14.1. The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes by the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Supplier in point 6, are essential, so that, by express agreement, the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.
Art. 15 Protection of confidentiality and processing of the Buyer's data
15.1. The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation as described on page https://www.Toofastorigin.com/prodotti/it/content/6-privacy-cookies
Art. 16 Method of archiving the contract
16.1. Pursuant to art. 12 of Legislative Decree. 70/2003, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the Supplier's headquarters according to criteria of confidentiality and security.
Art. 17 Communications and complaints
17.1. Direct written communications to the Supplier and any complaints will be considered valid only if sent by certified e-mail to the following email@example.com address. The Purchaser indicates in the emai his residence or domicile, the telephone number or the e-mail address to which he wishes the Supplier's communications to be sent.
Art. 18 Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Reggio Emilia and resolved according to the Conciliation Regulations adopted by the same.
18.2. If the Parties intend to appeal to the ordinary judicial authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, lett. u) of Legislative Decree. 206/2005.
18.3 The supplier also provides the European Commission's Platform for Dispute Resolution: https://webgate.ec.europa.eu/odr
18.4 Information regarding the online resolution of disputes pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation): The European Commission assigns consumers the possibility to resolve disputes online, pursuant to Art. 14 Par. 1 of Online Dispute Resolution (ODR) on one of its platforms. The platform (https://ec.europa.eu/consumers/odr) serves as a place where consumers can seek to reach out-of-court settlements on disputes arising from online purchases and service contracts.
Art. 19 Applicable law and referral
19.1. This contract is governed by Italian law.
19.2. For anything not expressly provided herein, the rules of law applicable to the relationships and cases provided for in this contract apply, and in particular art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree. 206/2005, is expressly referred to the discipline contained in Part III, Title III, Chapter I of Legislative Decree. 206/2005.
Art. 20 Final clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties and concerning the subject matter of this contract. Information regarding the online resolution of disputes pursuant to Art. 14 Par. 1 of the ODR (Online Dispute Resolution Regulation): The European Commission assigns consumers the possibility to resolve disputes online, pursuant to Art. 14 Par. 1 of Online Dispute Resolution (ODR) on one of its platforms. The platform (https://ec.europa.eu/consumers/odr) serves as a place where consumers can seek to reach out-of-court settlements on disputes arising from online purchases and service contracts.