Terms and Conditions
These General Terms and Conditions of Sale govern the sale of merchandise by TU&TU through website www.tutu.it (“TU&TU” or “we”)
Legal address: TU&TU DI GENTILE ROBERTA
via Lauterbach n. 1, 34070 Capriva del Friuli, (Go) Italia,
fiscal code: GNTRRT72R41E098U
Tel. 0039 0481 809588
Fax 0039 0481 06644
E-mail: firstname.lastname@example.org (from Monday to Friday 9.00-17.00)
Article 1 – Definitions
1.1. The expression “contract” means the contract of sale relating to TU & TU’s items, concluded between TU&TU and the Buyer within a system of distance selling via online tools, organized by TU & TU .
1.2. The expression “Buyer” or “Purchaser”means the person who makes the consumer purchase, under this contract, for purposes not related to the business or professional activity.
1.3. The expression “TU & TU” means the company TU&TU DI GENTILE ROBERTA, as above.
Article 2 – Object of the contract
2.1. With this contract, respectively, TU & TU sells and the Buyer purchases items listed and offered for sale on the site www.tuetu.it
2.2. The products referred to above are shown on the web page: www.tuetu.it/e-shop/.
Article 3 – Stipulation of the contract
3.1. The contract between TU & TU and the Buyer concludes exclusively through the Internet by accessing the Purchaser at www.tuetu.it, where, following the procedures described, Buyer will formalize a proposal for the purchase goods the contract for the purchase of the property referred to in paragraph 2.1 of the preceding article.
Art. 4 – Conclusione ed efficacia del contratto
4.1. The purchase contract is concluded by correctly filling in the application form attached to the e-catalog online at www.tuetu. it / acquisti / and then sending back the form, always after viewing a web page summary of the order, printable, with all information like the price of the goods purchased, shipping, the terms and conditions of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal. Charges related to non-EU countries, which depend on the specific CAP Buyer outside the EU., are not listed or included in the sale price of any item.
4.2. When TU & TU receives the order by the Buyer, we provide to sending an e-mail confirmation, reporting informations about the purchase.
4.3. The contract is deemed not perfected and effective between the parties at fault as indicated above.
Article 5 – Payment and Refund
5.1. Purchaser will pay by means of one of the methods indicated in the web page from TU & TU.
5.2. Any refund will be credited to the Purchaser by one of the methods proposed by TU & TU and, in the case of exercising the right of withdrawal, as governed by. 14. of this contract, no later than 15 (fifteen) working days from the date on which TU & TU became aware of the withdrawal. In the event of withdrawal occurs prior to the shipment of the goods, within 15 (fifteen) working days from receipt of the returned goods, where the goods had been shipped.
5.3. All communications relating to payments are made on a dedicated line TU & TU-protected encryption system. TU & TU guarantees the storage of this information as an additional layer of encryption and security in accordance with the provisions of current legislation regarding the protection of personal data.
Article 6 – Timing and mode of delivery
6.1. TU & TU will deliver the selected and ordered products, in the manner chosen by the Purchaser or listed on their website at the time of the offering of the asset, as confirmed in the e-mail order confirmation.
6.2. The timing of delivery are indicated on page www.tuetu.it/spedizioni/ . In the event that TU & TU is unable to ship within this period it will be given timely notice by e-mail to Buyer.
6.3. The manner, time and cost of shipping for Italy and the rest of the world are clearly marked and well highlighted at www.tuetu.it/spedizioni/.
Article 7 – Prices
7.1. All sales prices of the products displayed and indicated on the website www.tuetu.it/e-shop/ are expressed in Euro and are offered to the public pursuant to art. 1336 of the Civil Code
7.2. The selling prices of the preceding paragraph shall be stated in two ways: including 21% VAT for EU customers, and free of VAT for customers outside of the EU. Shipping costs are calculated and shown in the purchase process prior to the order by the Buyer and also contained in the web page summary of your order.
Article 8 – Product Availability
8.1. TU & TU assures processing and fulfillment without delay. For this purpose TU&TU shows in real time, in the catalog, the number of products available and non-available as well as delivery times.
8.2. However, if an order exceeds the amount present in stock, TU & TU, by e-mail, will make known to the Purchaser, asking whether it confirms the order or less
8.3 TU & TU will give confirmation as soon as possible about the registration of the order, by sending an e-mail, in accordance with paragraph 4.2. Correct receipt of order is confirmed by TU & TU by a reply by e-mail, sent to the email address supplied by the Buyer. This confirmation message will contain date and time of the order and a ‘Buyer Order Number’, to be used in any further communication with TU & TU. The message will include all data entered by the Purchaser, which is required to verify the correctness and communicate any corrections, as described in this document.
8.4 Buyer may only purchase products in the electronic catalog of TU & TU when placing orders. It is understood that the picture accompanying the description of a product may not be fully representative of its features but may differ in color, size and accessories in the picture.
Article 9 – Methods of payment
9.1 The payment is expected through Pay Pal secure server. At no time during the purchase process TU & TU is able to know the information about the buyer’s credit card, transmitted through secure connection directly to the bank that handles the transaction. No archive of TU & TU retain such data. In no event TU & TU can be held responsible for any fraudulent or illegal use of credit cards by third parties, upon payment of products purchased.
Article 10 – Invoicing
10.1 The invoice will be issued (and included inside the package containing the ordered products) from TU & TU di GENTILE ROBERTA with headquarters at Lauterbach n. 1, 34070 Capriva del Friuli, (Go) Italy, registered with the Chamber of Commerce of Gorizia n. REA: GO-74334 of the Register of Companies, Tax Code GNTRRT72R41E098U, VAT IT01130410317
10.2 Please note that all prices shown on the site are inclusive of VAT at 21%. for UE, not inclusive of VAT for extra-UE customers.
Article 11 – Limitation of Liability
11.1. TU & TU assumes no liability for disruptions caused by force majeure in the case fails to execute the order within the time stipulated in the contract. TU & TU is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
11.2. TU & TU can not be held liable to the Buyer for outages or malfunctions associated with the use of the Internet outside of its control or its subcontractors.
11.3. TU & TU will not be liable for any damages, losses and costs incurred by Buyer as a result of breach of contract for reasons not attributable to him. The Buyer shall only be entitled to a refund of the paid price.
11.4. TU & TU is not responsible 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 goods purchased, if he proves that he took all possible precautions based on the best knowledge and experience of the moment and by ordinary diligence.
Article 12 – Guarantees
12.1 TU & TU ensures that the delivered products are the same as those on the site.
12.2 TU & TU ensures that products are conform to the Italian and European Union ‘s laws and they are free from defects. In the event that the buyer should find an obvious defect, he has the duty to give notice as soon as possible to TU & TU di Gentile Roberta, via Lauterbach, 1 ,34070 Capriva del Friuli (Go) Italy or mail to email@example.com and no later than 10 (ten) working days from receipt of goods.
Article 13 – Obligations of the Buyer
13.1. Buyer agrees to pay the price of the goods purchased in the time and manner specified in the contract.
13.2. Buyer shall, on completion of the purchase process online, print and save this contract.
13.3. The information contained in this contract have been, however, already examined and accepted by the Buyer, which shall act, as this step is mandatory before purchase confirmation. By placing an order in the prescribed manner, the Purchaser declares that he has read all the information provided to him during the purchase process, and accept the general conditions and payment arrangements.
13.4. If the Buyer is a consumer (ie a person who buys goods for purposes not related to his professional activity), once the online purchase procedure, shall print or save an electronic copy but keep these general conditions of sale, subject to the provisions of art. 3 and 4 of Decree No. 185 of 22/05/1999 .
Article 14 – Right of withdrawal and Causes of resolution
14.1. The Purchaser has in any case the right to cancel the contract without penalty and without specifying the reason within the term of 10 (ten) working days from the day of receipt of the purchased goods. The Purchaser may exercise the right of withdrawal (in accordance with the Legislative Decree 185 of May 22, 1999) by returning the product and request a replacement or refund. The right of withdrawal applies only to persons acting for purposes not related to their professional activity. They are therefore excluded from the right to cancel purchases made for purposes related to their work from retailers and businesses.
14.2. If the Buyer decides to exercise the right of withdrawal, must notify the Seller by mail at TU & TU di Gentile Roberta, via Lauterbach, 1 34070 Capriva del Friuli (Go) Italy or by e-mail at firstname.lastname@example.org
14.3. The return of the goods must be made within 30 (thirty) days from the date of receipt of the asset. In any case, in order to receive full refund of the paid price, the goods must be returned in perfect condition. The right of withdrawal is subject to the following conditions: products must be returned intact and in original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: labels, buttons, etc …) The products the return should not be used and be absolutely in the same condition as they were at the time of delivery.
14.4.TU & TU is not responsible in any way for damage or theft / loss of goods returned by uninsured shipments.
It should also be noted that in no case will be withdrawn parcels cash
14.5. TU & TU will (adding no charge) refund the entire amount paid by the Purchaser within 15 (fifteen) days from receving the goods, after receiving also withdrawal notification. The buyer will promptly provide to communicate the name of the bank and IBAN code. In case of forfeiture of the right of withdrawal, TU & TU will return to sender the property purchased by charging the same shipping.
14.6. With the receipt of Purchaser’s withdrawal, the Parties to this agreement will be dissolved by mutual obligations, except as provided in paragraphs of this Article.
14.1. Causes of resolution The obligations referred to in Section 13.1, assumed by the Buyer, as well as the guarantee of successful completion of payment the Buyer using the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by TU & TU point 6 are essential, so that, by express agreement, the failure of any one of these obligations, unless caused by unforeseeable circumstances or force majeure, will result in the termination of the contract pursuant to Art. 1456 cc, without any judicial decision.
Article 15 – Protection of privacy
15.1. TU & TU protects the privacy of its customers and ensures that the data processing complies with the requirements of the privacy regulations of Legislative Decree no. 30th June 2003, n. 196.
15.2. Personal data collected directly and / or through third parties by TU & TU di Gentile Roberta, owner of the treatment, are collected and processed in printed, computing and telematic, in relation to the treatment methods with the purpose of registering the order and provide him with the procedures for the execution of this contract and the necessary communications in addition to the fulfillment of any obligation of the law, and to allow effective management of business relationships to the extent necessary to carry out the most of the requested service (Article 24, paragraph 1, lett. b, Legislative Decree no. 196/2003).
15.3. TU & TU undertakes to treat as confidential data and information submitted by the Buyer and should not disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. These data can be produced only upon request of the court or other authority authorized by law.
15.4. Personal information will be disclosed after signing of a commitment to confidentiality of the data, only to third parties who carry out activities necessary for the execution of the contract and communicated exclusively for that purpose.
15.5. The Purchaser has the rights referred to in Article. 7 of Legislative Decree 196/2003., And that is the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed, the TU & TU
c) certification that the operations in letters a) and b) have been notified, as also related to their contents, to those to whom the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate to the protected right. The interested party has the right to object, in whole or in part: i) for legitimate reasons to the processing of personal data, pertinent for collection purposes, ii) the processing of personal data concerning him for the purpose of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the proper and timely performance of this contract. Failing that, can not be given over to the Purchaser’s request.
15.7. In any case, the data collected will be kept for a period of time no longer than necessary for the purposes for which it was collected or subsequently processed. Their removal will occur anyway in a secure manner.
15.8. The Buyer may direct every request toTU & TU, which is the owner and collector of processing of personal data.
15.9. Any communications addressed to the e-mail (including electronic) Center (requests, suggestions, ideas, information, materials, etc..) will not be considered information or data of a confidential nature, shall not violate the rights of others and must contain valid information, not violate the rights of others and true, in any case can not be attributed to the Centre no responsibility for the content of the messages themselves.
Article 16 -Storage of the contract
16.1. Pursuant to art. 12 of Legislative Decree no. 70/2003, TU & TU informs the Buyer that every order sent is stored in digital form on the server at the headquarters of Aruba webfarm.aruba.it/ same criteria of confidentiality and security.
Article. 17 – Communications and complaint
17.1. Written communications directed at TU & TU and any complaints will be considered valid only if sent to the following address: TU & TU di Gentile Roberta, via Lauterbach, 1 34070 Capriva del Friuli (Go) Italy, or faxed to 0039 0481 04466 or sent via e-mail to the following address email@example.com . For cancellation, replacement or complaints of defects is required in each case in writing or Registered mail.
17.2.Purchaser will communicate into the registration form his residence or domicile, telephone number or email address at which he wish to be sent communications by TU & TU.
Article 18 – Settlement of disputes
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Gorizia and resolved in accordance with the Conciliation Rules adopted by the same.
18.2. If TU&TU and Buyer should appeal to the ordinary judicial authority, the competent court is that of the place of residence or domicile of choice of the consumer, mandatory under Art. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Article 19 – Applicable law and court
19.1. This contract is concluded in Italy and governed by Italian law.
19.2. For anything not expressly provided, apply the rules of law applicable to the relationship and in the circumstances provided for in this contract, and in particular Article. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 of Legislative Decree no. 206/2005, which is expressly invoked the provisions contained in Part III, Title III, Chapter I, of Legislative Decree no. 206/2005.
Article. 20 – Final Clause
This agreement cancels and supersedes any agreements, understandings, negotiations, written or oral, speaking in advance by the Parties and on the subject of this contract.
 Prescrizioni del Garante della privacy – art. 154, 1 c) del d.lgs. 196/2003 – Semplificazioni di taluni adempimenti in ambito pubblico e privato rispetto a trattamenti per finalità amministrative e contabili del 19 giugno 2008, pubblicato sulla Gazzetta Ufficiale 1° luglio 2008, n. 152.
 Provvedimento generale del Garante per la protezione dei dati personali Guida pratica di misure di semplificazione per le piccole e medie imprese del 24 maggio 2007, pubblicato sulla Gazzetta Ufficiale 21 giugno 2007, n. 142.