TERMS AND CONDITIONS
The terms and conditions of sale indicated below ("Terms and Conditions of Sale") apply to all sales and deliveries made for the products of tolentinowatches.com (the "Seller") by AN.CE. Group s.r.l.s. (the "Supplier", as defined below). These Terms and Conditions of Sale must be carefully examined by the Purchaser before completing the remote purchase procedure. By placing an order, the Purchaser accepts these Terms and Conditions of Sale and undertakes to observe them in his relations with the Supplier, who does not consider himself bound by conditions other than these.
1. Definitions
The expression "online sales contract" means the sales contract relating to the Seller's tangible movable property to the Buyer in the context of a distance selling system using telematic tools, organized by the Supplier.
The expression "Buyer" means the natural person consumer who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity carried out.
The term "Supplier" means the person who carries out the sale of the goods covered by this contract.
2. Identification and obligations of the parties
Supplier: the goods covered by these general conditions are offered for sale through a system of telematic tools organized by AN.CE. Group s.r.l.s. with headquarters in Cercola (NA), viale A. Sallustro 2, registered with the Chamber of Commerce of Naples, VAT number 09614481217, email info@tolentinowatches.com, which manages the website www.tolentinowatches.com.
Purchaser: expressly declares to make the purchase for purposes unrelated to the commercial or professional activity exercised and undertakes not to trade the purchased items.
3. Object and conclusion of the contract
With this contract, respectively, the Supplier sells and the Purchaser remotely purchases only the tangible movable property indicated and offered for sale on this Site via telematic means.
The contract between the Supplier and the Purchaser is concluded exclusively through the internet through the Purchaser's access to the address of this Site, where, following the procedures indicated, the Purchaser will arrive at formalizing the proposal for the purchase of the goods offered for sale.
The purchase contract is concluded through an irrevocable order by the Purchaser with the compilation and submission of the order form online, which will be displayed on the order summary web page, printable, in which the details of the originator and of the order, the price of the goods purchased and the shipping costs, the methods and terms of payment, the address where the goods will be delivered. When the Supplier receives the order from the Purchaser, he will send a confirmation e-mail and/or display a web page confirming and summarizing the order, printable, which also contains the data entered by the buyer in the order form. The contract is considered finalized and effective between the parties only with the execution of the order and the issue of the relative invoice or sales note, having the possibility for the Supplier, up to that moment, to refuse the order.
Specifically, each order sent constitutes an offer to purchase the Supplier's products. Orders are subject to availability and acceptance by the Supplier who may, at any time and at its discretion, refuse to accept the Buyer's order, including, for example, cases where:
- orders cannot be executed due to an error in the information provided by the Buyer, for example when he provides: insufficient or incorrect payment information, incorrect billing information; insufficient or incorrect delivery address information – in this regard, the Buyer is requested to note that the Supplier does not send products to PO boxes; or misleading information;
- an error has occurred on the site relating to the products ordered, for example an error relating to the price or description of the products as shown on the site;
- the ordered products are no longer available on the site.
In such cases, the Purchaser will only be entitled to a full refund of the price paid and no further compensation.
The invoice or sales note will be issued by AN.CE. Group s.r.l.s. in paper form and inserted inside the package containing the ordered products.
4. Methods of payment and reimbursement
The Supplier only accepts the advance payment of the products ordered by means of the main Credit Cards (Mastercard and Visa circuits), PayPal and Bank Transfer. Credit card details are managed directly by PayPal or by other banks, specialized in the management of online payments; PayPal data is managed directly by PayPal. The information is encrypted using the latest generation encryption systems that prevent its use by third parties and is sent directly to the bank. The Supplier reserves the right to make a request to the bank issuing the card to verify the authenticity of the ownership of the card itself or to PayPal in case of problems. At the end of this verification, in the event of a positive outcome, the procedure will proceed to reach the conclusion of the contract and the delivery of the order placed, if there are no further impediments. Any reimbursement to the Purchaser, if he is entitled to it, will be credited by reversal of the payment by credit card or PayPal, at the latest within 30 days. from the date on which the Supplier became aware of the cause that generates the right to reimbursement.
5. Delivery times and methods
The Supplier will deliver the products ordered by DHL Express courier or equivalent for deliveries in Italy, or equivalent for deliveries in Europe and the rest of the world. Order fulfillment times may vary, from the day of the order itself to a maximum of 3 working days, within which the invoice or sales note will be issued and the order consequently accepted, with the start of execution of the same . In the event that the Supplier is unable to carry out the shipment within this period, the Purchaser will be promptly notified by e-mail, indicating the deadline within which the order will be processed. Delivery times may vary according to the country of destination and other factors not directly controllable by the Supplier and not attributable to it.
6. Shipping and delivery costs
The Supplier ships the goods worldwide.
In the EC member countries the shipment takes place with the DDP (Delivery Duty Paid) formula, therefore in these destinations the goods will arrive directly at the indicated delivery place without having to pay additional sums with respect to the amount already paid at the time the order was sent , as the price calculation already includes any shipping costs. Shipping costs will be indicated and calculated in the purchase procedure before the Buyer forwards the order and also contained in the order summary web page.
For all other countries the DDU (Delivery Duty Unpaid) formula is used, therefore the courier could present itself with a separate invoice with which he requests the payment of the duties and taxes required by the local authorities. In the event that the amount of these expenses is known or knowable by the Supplier, the latter may inform the Purchaser of the relative amount at the time of purchase or may provide indications for calculating them. In any case, the Purchaser who resides in a non-EC country is advised to inquire about local taxes and duties, before placing an order with the Supplier.
7. Supplier Insurance and Liability
The Supplier insures the products against theft and accidental damage from the moment of delivery to the courier until they reach their destination. The risk of loss or damage to the goods remains with the Supplier until the Purchaser or a third party designated by him physically takes possession of the goods.
8. Prices
All sales prices of the products displayed and indicated on this website are expressed in various currencies depending on the country of destination of the goods selected by the Purchaser (the country of destination of the goods is set automatically by the system with the geolocation of the visitor The visitor can in any case change the country of shipment at any time) and constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT and all other taxes for what concerns delivery within the territory of a country of the EC. Regarding shipping costs, taxes and customs duties, please refer to point 6) above. The prices indicated for each of the goods offered to the public are valid until the order is forwarded and indicated on the order summary web page. Therefore, the prices and conditions may be changed by the Supplier at any time and what appears on the order summary web page will prevail for the Purchaser.
9. Availability of products
The Supplier ensures the processing and fulfillment of orders without delay via the telematic system used. Should an order exceed the quantity existing in the warehouse, the Supplier will notify the Purchaser via e-mail if the good is no longer bookable or what are the waiting times to obtain the chosen good, asking if he intends to confirm the order or not. The Supplier's computer system confirms the order's registration as soon as possible by sending the user a confirmation by e-mail, which does not create any legal obligation, since it is a simple summary of the order.
10. Limitations of Liability
The Supplier assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute the order within the time stipulated in the contract. The Supplier cannot be held responsible towards the Purchaser, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet beyond its control or that of its sub-suppliers. Furthermore, the Supplier will not be liable for damages, losses and costs suffered by the Purchaser following the non-execution of the contract for reasons not attributable to him, the Purchaser having the right only to the full refund of the price paid. The Supplier assumes no responsibility for any fraudulent or illicit use that may be made by third parties of the credit cards, upon payment of the purchased products, if it demonstrates that it has adopted all the ordinary possible precautions of the moment and on the basis of ordinary diligence.
11. Liability for defects, proof of damage and recoverable damages: the supplier's obligations
The Supplier cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to an imperative legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the moment in which the manufacturer put the product into circulation, it still did not allow the product to be considered defective. No compensation will be due if the injured party was aware of the defect in the product and the resulting danger and nevertheless voluntarily exposed himself to it.
12. Guarantees and methods of assistance
The Supplier is liable for any ascertained defect or defect of the product and attributable to him on condition that such defect or defect has been reported by registered letter with return receipt. at the address AN.CE. Group s.r.l.s., viale A. Sallustro 2, Cercola (NA), or sent by e-mail to info@tolentinowatches.com within eight days of delivery. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it.
As regards the guarantees of conformity of the products purchased, the legal guarantees established by law are also applicable to the sale of the products regulated by these general conditions. In the event of non-compliance of the delivered products, articles 129, 130 and 131 of the Consumer Code will therefore apply.
13. Buyer's obligations
The Purchaser undertakes to pay the price of the goods purchased within the times and in the manner indicated by the Contract. Once the online purchase procedure has been completed, the Purchaser undertakes to print and keep the web page containing the order data. The information contained in this contract has, however, already been viewed and accepted by the Purchaser, who acknowledges it, as a reference to this web page is shown at the time of finalizing the order.
14. Right of withdrawal
The Purchaser has the right to withdraw from the stipulated contract, without any penalty and without specifying 14 (fourteen) days, starting from the date of the order. In any case, in the event of any late deliveries, the Purchaser is guaranteed a period of 14 (fourteen) days from receipt of the product to carry out the withdrawal. If the Buyer decides to exercise the right of withdrawal, he must notify the seller by sending an email to info@tolentinowatches.com.
The return costs from the Italian territory to the Supplier are borne by the Supplier. If the return is sent from a foreign country, the return costs to the Supplier are borne by the Purchaser only if the product has manufacturing defects.
The Supplier will reimburse the amount due to the Purchaser (equal to the amount paid for the purchase of the product) following the withdrawal within the term of 30 (thirty) days from receipt of the notice of withdrawal provided that within this term the goods have been returned in their original condition. The Purchaser must send the returned goods to the following address: AN.CE. Group s.r.l.s., viale A. Sallustro 2, Cercola (NA).
15. How to store the contract
Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order placed is stored in digital form on the server where the Site resides according to confidentiality and security criteria.
16. Communications and Complaints
Written communications directed to the Supplier and any complaints will be considered valid only if sent to the AN.CE. Group s.r.l.s., viale A. Sallustro 2, Cercola (NA), or sent by e-mail to info@tolentinowatches.com. In the registration form, the Purchaser indicates his residence and domicile, the telephone number or e-mail address to which he wishes communications from the Supplier to be sent.
17. Dispute settlement and applicable law
All disputes arising from this contract should the Parties intend to appeal to the ordinary Judicial Authority, the competent Court is that of Naples.
This contract is regulated by the Italian law.
18. Duration and effectiveness of contractual conditions
Confirmation of the order implies acceptance of these general conditions by the Purchaser.
These conditions may be updated or modified directly with the transcription of the new regulation on this Site. The modification or update will be valid and effective for orders that have not yet been entered and for which the page has not yet been displayed and printed web, which summarizes the order data.