1. FOREWORD
The offer and sale of products on the website www.trebonn.com (“Site”) are governed by these contractual conditions of sale (“General Conditions of Sale”).
The products (with the relative prices) – as indicated on the Site – constitute an offer to the public in accordance with the methods specified both in these General Conditions of Sale and on the Site. These General Conditions apply exclusively to purchases made on the Site by buyers qualifying as “consumers” under the consumer code.
The Purchaser is required to carefully read (i) these General Conditions of Sale, made available by Trebonn on the Site in order to allow their storage and reproduction, as well as (i) all other information on the Site, both before and during the purchase process.
The subjects not included in the category of cd. “Consumers” are invited to contact Trebonn customer service in order to proceed with any purchases. The Company reserves the right not to process any purchase order made through the Site if the applicant is not a consumer.
The products purchased on the site are sold directly by Trebonn srl, with registered office in Via Cairoli 25 – 26041 – Casalmaggiore – Business Register CR, C.F. and VAT number 01705770194, REA CR-195186.
2. DEFINITIONS
Buyer: indicates the consumer pursuant to art. 3 of the Consumer Code
Trebonn or Company: indicates Trebonn srl.
Consumer Code: indicates the Legislative Decree 206/2005
Privacy Code: indicates the legislative decree 196/2003
General conditions of sale: indicates these contractual conditions governing the offer and sale on the site, by Trebonn, of products and services
Electronic Commerce Decree: indicates Legislative Decree 70/2003
Parties: jointly indicates Trebonn and the Buyer
Site: indicates the website www.trebonn.com
3. PURCHASES
The purchase of products on the Site is allowed only to those who have turned 18.
To proceed with the purchase of products on the Site, the Buyer (even if not registered and, therefore, in “guest” mode) must follow the instructions indicated on the Site itself and in particular:
• fill in the relevant “order form” electronically, by entering:
o the products being purchased, identified on the Site, in the cd. “shopping cart”;
or the Buyer’s personal data (if in “guest” mode);
o the place of delivery (also indicating the house number);
o the methods of payment and shipping;
• read the General Conditions of Sale (including, in particular, conditions, terms and procedures for the possible exercise of the right of withdrawal) and the privacy information reported on the Site;
• send the “order form” to the Company.
Registration on the Site allows the Purchaser to manage purchases more easily and quickly and in particular:
• consult the status of your order and check the history of orders placed;
• follow the shipment tracking;
• manage their delivery addresses;
• manage information relating to your personal profile.
In the “order form”, displayed before sending (and, therefore, prior to the conclusion of the contract), a summary of the products ordered, the quantities and a detailed indication of the price (including all taxes or duties) are provided applicable), the chosen payment method and any related cost, the chosen delivery method and any related cost and place of shipment. The information provided in the “order form” is an integral and substantial part of these General Conditions of Sale and, therefore, is considered fully known and accepted by the Buyer at the time of transmission of the “order form”.
The submission of the “order form” implies taking vision and meaning of the General Conditions of Sale and, more generally, the information contained in the “order form” itself, in addition to having read the privacy information.
The purchase (and, therefore, the underlying contract) is concluded upon receipt of the “order form” by the Company which, as proof of the purchase, proceeds to send the Buyer to the mailing address electronic from the same press release, an “order confirmation” (with the indication of the “order number”) summarizing the products purchased, the relative prices, the chosen payment method and any related cost, the chosen delivery method and any related cost and place of delivery.
The modification of an order cannot be carried out independently; the Purchaser immediately contacts the e-mail address [email protected] – within (and not beyond) 60 minutes from the time of transmission of the “order form”
The Company reserves the right not to process purchase orders which do not give sufficient guarantees of solvency or which are incomplete or incorrect or in the event of unavailability of the products. In these cases, Trebonn will promptly inform – and in any case within 72 hours of receiving the “order form” – the Purchaser that the Company has not followed up on the purchase order specifying the reasons. In such cases, the contract will be considered terminated between the parties and, in the event of payment already made, the Company will reimburse the amount paid.
4. PAYMENTS
Payment is made when the “order form” is sent to the Company.
For the payment of the price of the products and the related shipping and delivery costs, the Buyer is required to indicate in the “order form” one of the proposed methods. This choice will also be highlighted in the “order confirmation”.
The information provided for this purpose (for example, the credit / debit card number or the expiry date) will be forwarded, if necessary, through an encrypted protocol, to PayPal which provides the Company with remote electronic payment services, without third parties having access to it in any way. Furthermore, this information will never be used by the Company except to (i) complete the purchase procedures; (ii) issue the related (possible) refunds; (iii) prevent or report to the police the commission of fraud on the Site.
5. SHIPPING AND DELIVERY OF PRODUCTS
The Company carries out the shipment and delivery, only in the Italian territory, by specialized carriers specifically commissioned by Trebonn.
The Purchaser is required to indicate in the “order form”, among the proposed possibilities, the chosen method and the shipping and delivery information of the products. This choice will also be highlighted in the “order confirmation”. The delivery of what is ordered is on the street level.
The information provided for this purpose (including, for example, the delivery address) will be used for the sole purpose of executing the contract.
All shipments are tracked and, therefore, the Buyer can independently monitor the fulfillment of the order by connecting to the appropriate link indicated on the Site, if registered, or in the email, if the purchase was made in “guest” mode.
Upon delivery, the presence of the Purchaser or a trusted person is required to check that the packaging is intact and clean and that the products received correspond to the order placed. In the event of visible defects, such as incorrect quantities and / or incorrect product and the non-integrity of the packaging, Trebonn requires the Purchaser (or his authorized representative) to report the above-mentioned anomalies on the transport document and to contact without delay Trebonn through Customer Service [email protected] specifying their telephone number to be contacted eventually.
Without prejudice to the presumed indication of the delivery time in consideration of the chosen shipping method (shown both in the “order form” and in the “order confirmation”), the products purchased on the Site will, in any case, be delivered within 30 (thirty) days from the conclusion of the contract.
6. RIGHT OF WITHDRAWAL AND REFUND
The Buyer has the right to withdraw from the contract concluded with Trebonn, without any penalty and without specifying the reason, within thirty (30) days from the day of receipt (by the Buyer or his trusted representative) of the products purchased on the Site.
To withdraw from the contract, the buyer can:
• contact the customer care service at [email protected] specifying the reason for the return, the order number and – in the case of an order with multiple products – the products concerned.
• draw up and send to the Company another explicit declaration of the decision to withdraw from the contract (in this case, the burden of proving the correct and timely exercise of the right of withdrawal will be borne by the Purchaser).
Once the withdrawal from the contract has been exercised, the Purchaser must return to the Company – at his own expense – the products previously purchased, delivering them to the courier, for shipment, within fourteen (14) days from the moment in which the Purchaser communicated the Company the decision to withdraw from the contract. The deadline is met if the Purchaser ships the products purchased before the expiry of the 14-day period.
The Buyer is responsible
• the decrease in the value of the products resulting from their handling other than that necessary to establish their nature, characteristics and functioning. The products can be checked but must not be used, washed or damaged; therefore, they must be kept with normal diligence and returned intact, perfectly suitable for the use they are intended for and without any sign of wear or dirt, complete in all their parts, accompanied by all accessories and leaflets, with tags identifiers, labels and disposable seals, where present, still attached to the products and intact and not tampered with. The products sold on the Site are original and are shipped in their authentic packaging; during the return phase, the products must be returned as received, in their original packaging, and inclusive of any accessories and / or elements that form an integral part (e.g. identification tag with disposable seal);
• for the loss or damage of products returned during transport.
If the right of withdrawal is exercised in compliance with the aforementioned conditions, Trebonn – once the products have been received and carried out (within the above terms), with a positive outcome, the checks on them – will refund any sums already collected for the purchase of products.
In the event that the products for which the withdrawal was exercised have suffered a decrease in value resulting from a manipulation of the same different from that necessary to establish its nature, characteristics and functioning, the refund amount will be reduced by one sum equal to this decrease in value. Trebonn will notify the Purchaser of the circumstance and the consequent decreased refund amount – by e-mail – within 5 working days of receipt of the products, subsequently proceeding with the partial refund or by providing the Purchaser, in case the refund is the bank details for the payment of the amount due by the Purchaser to Trebonn due to the decrease in value of the returned products have already been paid in full. As an alternative to the partial refund, the Purchaser has the possibility of (re) obtaining the products in the state in which they were returned to Trebonn. In this case, the right of withdrawal is considered not exercised and the products will remain at Trebonn’s disposal for the Buyer to collect, which must take place at the expense and under the responsibility of the Buyer himself.
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in addition to the failure to comply with the aforementioned terms, in the event that the products are not intact in every part and / or accompanied by their accessories and / or elements that form an integral part of it (e.g. identification tag, disposable seal, etc.) or, however, are used, this withdrawal will not lead to the termination of the contract and, consequently, will not entitle you to a refund of the amount paid by the ‘Buyer for the Product. Trebonn will notify the Buyer – by e-mail – within 5 working days of receiving the products, rejecting the withdrawal request. The Products, if they have already arrived in Trebonn, will remain at the same disposal of the Purchaser for the collection which must take place at the expense and under the responsibility of the Purchaser himself.
Trebonn refunds using the same means of payment used by the Buyer for the purchase of returned products, unless otherwise agreed between the Parties. If there is no correspondence between the recipient of the products indicated in the order form and who made the payment of the sums due for their purchase, the refund of the sums, in case of exercise of the right of withdrawal, will be performed, in any case , towards those who made the payment.
7. WARRANTY
The Purchaser has the right to make use of the legal guarantee provided for in the Consumer Code by articles 128-135, lasting 2 years from the delivery date, for the so-called lack of conformity.
This guarantee provides, inter alia, that the Purchaser, under penalty of forfeiture, will report to Trebonn the possible lack of conformity found in the product purchased within 2 (two) months of discovery.
A lack of conformity occurs when the product purchased:
• it is not suitable for the use for which goods of the same type are usually used;
• does not comply with the description made by Trebonn and does not possess the qualities of the asset that the Company presented to the Buyer as a sample or model;
• does not present the usual qualities and performance of a product of the same type, which the Buyer can reasonably expect, taking into account the nature of the product and, where appropriate, the public declarations made;
• is not suitable for the particular use desired by the Purchaser and which was brought to the attention of Trebonn at the time of the conclusion of the contract and which the Company has accepted.
Any damage or malfunction caused by accidental events or by the Buyer’s responsibility (for example, washing that does not comply with the instructions given by Trebonn on the product label) or with a use of the product that does not comply with the its intended use and / or as provided in the technical documentation, if any, attached to the product or in any case in the public domain.
Following this complaint, the Purchaser will have the right to request the repair or replacement of the product, without prejudice to the other rights provided for in the Consumer Code.
8. CUSTOMER SERVICE AND COMPLAINTS
For any information – also in order to send communications, request assistance, submit complaints – the Purchaser can:
• write to Trebonn srl – C / A customer service – via Cairoli, 25 – 26041 – Casalmaggiore CR;
• contact Customer Service using the methods indicated on the Site in the CONTACTS section;
• write by e-mail to [email protected]
9. PRIVACY
The Purchaser’s data are processed by Trebonn in accordance with the provisions of the personal data protection legislation, as specified in the information provided on the website in the Privacy Policy section, also taking into account the provisions of art. 8 and 9 of the Electronic Commerce Decree.
10. APPLICABLE LAW
The General Conditions of Sale are governed by Italian law and, in particular, by the Consumer Code and by the Decree on Electronic Commerce.
11. MODIFICATION AND UPDATE
The General Conditions of Sale can also be modified in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Site. In any case, the individual General Conditions of Sale published on the Site at the time of sending the “order form” will apply to individual purchases.