GENERAL CONDITIONS OF SALE
Art. 1 -PREMISE AND OBLIGATIONS OF THE PARTIES.
1.1. These general conditions, available in favor of the purchaser for reproduction and preservation in accordance with Art. 12, co. 3,Leg. 70/2003, have as their object the purchase of products, made at a distance by means of telematic network through the website www.tipstreetwear.it belonging to the company TIP S.a.s. di Cristiana Madaro & C. (hereinafter also only “TIP S.a.s.”), registered with the Chamber of Commerce of Pordenone – Udine at no. PN 361240 of the Commercial Register, with registered office at XX September Square no. 24, 33170 Pordenone (hereinafter also “Supplier”), VAT no.01906590938, Tel. 3457172900 e-mail: info@tipstreetwear.it
1.2.The purchaser expressly declares that he/she is making the purchase for purposes unrelated to his/her business or professional activity and undertakes not to trade in what has been purchased.
1.3. Per “contratto di vendita on line” si intende il contratto di compravendita, ossia il negozio giuridico avente per oggetto beni mobili, stipulato tra la società TIP S.a.s.e l’acquirente nell’ambito di un sistema di vendita a distanza organizzato da TIP S.a.s. che, per tale contratto, impiega la tecnologia di comunicazione a distanza denominata internet.
1.4.The expression “Buyer” means the consumer natural person who makes the purchase, referred to in this contract, for purposes not related to any commercial or professional activity.
1.5.The term “Supplier” means the person who performs the sale of the goods covered by this contract.
1.6. Website (or simply “Site”) means www.tipstreetwear.it.
Art. 2 – ACCEPTANCE OF TERMS OF SALE.
2.1. These general terms and conditions are valid from the date of publication on the Site and may be updated, supplemented or modified, obviously having effect for the future, at any time by TIP S.a.s., which will provide notice thereof through the pages of the Site. The conditions stipulated in the foreword are an integral and essential part of this contract.
2.2. These terms and conditions must be reviewed “on line,” prior to completion of the purchase process. The submission of the order confirmation, therefore, implies full knowledge of them and their full acceptance. Buyer is requested to carefully read the contents herein, and to arrange for them to be printed and/or saved on another durable medium accessible to him, including for the purposes of Articles 52 and 53 of Leg. 206/2005 (Consumer Code).
2.3.The Buyer, with the telematic sending of the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his dealings with TIP S.a.s., the general and payment conditions illustrated below, declaring that he has read and accepts all the indications provided to him in accordance with the above-mentioned regulations, also noting that TIP S.a.s.does not consider itself bound by different conditions unless previously agreed in writing.
2.4. Sales transactions are regulated for the consumer by the provisions of Leg. n. 206/2005 (Consumer Code).
2.5. Le presenti condizioni generali di vendita non regolano la vendita di prodotti effettuate da terzi che utilizzano collegamenti diretti al sito www.tipstreetwear.itattraverso banner o tramite altri collegamenti ipertestuali/links. The company TIP S.a.s. under no circumstances can be held responsible for the provision of services promised by third parties or for the execution of e-commerce transactions between its customers and third parties.
2.6. The language available to conclude the contract with the Supplieris Italian.
Art. 3 -CONCLUSION OF THE CONTRACT AND PROCUREMENT METHODS.
3.1. The purchase contract is concluded through the order by the Purchaserwith the exact compilation and consent to the purchase manifested through the adhesion given “on line”, following the on-screen instructions and, finally, by selecting and, therefore, accepting the boxes marked “ACCEPTANCE OF TERMS OF SALE” and “PRIVACY POLICY”. TIP S.a.s.will send, after receipt of the order by the Buyer, an e-mail confirming receipt of the order to the address provided by the customer. Ilcustomer is asked to print said e-mail and, in any case, to keep it.
3.2.Each order sent constitutes an offer for the purchase of TIP S.a.s. products present on the Site.The contract shall be considered perfected and effective between the parties only with the communication of the execution of the order and the issuance of the relevant invoice or sales note by the Supplier, the latter having the possibility, until that moment, to refuse the order.
3.3.In the event of any impossibility, even temporary, to process the order in a partial or total way, TIP S.a.s. will send an e-mail to make arrangements with the customer, without prejudice to the latter’s possibility to request the cancellation, even partial, of the order and the refund of the corresponding amount that may have already been paid. In any event since orders are subject to Supplier’s availability and acceptance, Supplier may at any time and at its discretion refuse to accept Buyer’s order if, but not limited to:
the customer provides incomplete or otherwise inaccurate data such as to make it impossible to process the order or otherwise prevent the issuance of the invoice and/or delivery of the goods, with the specification that TIP S.a.s.does not make deliveries to post office boxes;
the products ordered are no longer available on the Site (see Article 5);
an error has occurred on the Site regarding the products ordered concerning, for example, the price or description of the products as shown on the Site;
the amount of the order is too high, and this will be based on a concrete assessment that will be made on a case-by-case basis and attotal discretion of the Supplier.
In such cases, the Buyer shall be entitled to a full refund of any price paid and no further compensation.
3.4.The characteristics of the products are indicated in the online catalog and are visible when choosing and filling in the order before the conclusion of the submission procedure. Prices (including VAT and any other fees and taxes) are shown next to each product in the online catalog. In any case, the total cost of the transaction will be made known to the customer before confirmation of the purchase.
3.5. The price that will be charged is the price on the side of the product at the time the order is placed in addition to the contribution of shipping costs and any additional services chosen by the customer, without taking into account any updates that have occurred subsequently. TIP S.a.s.reserves the right to change the prices of products and the contribution for shipping costs without prior notice. Any new amounts will be effective from the time they are posted on the Site and will be applied to sales made from that time.
3.6. All customers can pay for ordered goods using the payment methods indicated on the site.
Art. 4 – DELIVERY METHODS.
TIP S.a.s.will deliver to customers, at the address indicated by them, the products selected and ordered, in the manner provided in the preceding article,by couriers.
4.2.When ordering, the customer may stillindicatea delivery address different from the billing address.
4.3.The purchased goods will be shipped within ten working daysand not later than a maximum of 30 (thirty) days from the date of conclusion of the contract. The deadline may be subject to change depending on product type and stock availability. No liability can be attributed to the Supplier for late or non-delivery attributable to force majeure or fortuitous events. The delivery time count does not include Saturdays, Sundays, holidays, and other special cases such as absence of the recipient, hard-to-reach delivery location, and other problems attributable directly to the courier and not dependent on TIP S.a.s.
4.4. Il cliente è tenuto a verificare, all’atto del ricevimento, la conformità del prodotto a lui consegnato con l’ordine effettuato; solo dopo tale verifica, e salvo ovviamente il diritto di recesso previsto all’art.9, il cliente dovrà sottoscrivere i documenti di consegna.
4.5.TIP S.a.s.is not responsible for damages or delays in delivery caused by the carrier to the purchased products, being totally unrelated to the relationship between the same carrier and the customer.
4.6.Once the purchase is made, an invoice will be automatically issued, in electronic format or, alternatively/on expressrequest, in paper form. The latter will be inserted inside the package.
4.7. Orders are processed Monday through Friday after receipt of payment credit.
4.8.Delivery is only for Italy, including islands.
4.9. Delivery of the goods requires the presence of the customer or the customer’s designee at the recipient’s address indicated in the order. Upon delivery of the goods by the courier, the customer is required to check that the number of packages being delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, nor wet or, however, altered, including in the sealing materials. Any damage to the package and/or purchased products or mismatch in the number of packages must be immediately contested by written control reservation on the courier’s proof of delivery.
4.10.In cases of return of the package to the TIP S.a.s.premises and storage at the courier company, the customer will be charged for the costs of storage, which, if any, will be borne by TIP S.a.s.against the courier company. Customers who cannot be found at the time of delivery may contact the courier company’s office in their area, where possible, and arrange for a later delivery or pickup at the courier company’s location.
4.11.TIP S.a.s.is not economically responsible for packages left in storage at the courier company’s premises. A customer who has been unable to arrange with the office in their area for a
agreement for a second delivery, or pickup at the courier company’s premises, assumes the burden of bringing the shipment itself to a successful conclusion.
4.12. In the event that the courier delivers the package to the Supplier’s premises due to non-collection by the customer, TIP S.a.s.will contact the customer for possible redelivery, requesting reimbursement for any storage costs as well as for any shipping costs incurred (redelivery to TIP S.a.s.) and for those to be incurred (redelivery to the customer). In the event that the customer does not intend to fulfill the payment of the expenses incurred by TIP S.a.s.or does not contact to agree on them, or following e-mail from TIP S.a.s. with a request for reimbursement for the expenses incurred does not respond within a reasonable period of time of 7 (seven) days, TIP S.a.s. will retain the uncollected goods due to default on the part of the customer.
4.13.The Supplier reserves the right to refuse orders from a customer with whom a legal dispute relating to a previous order is pending. This applies equally to all cases in which TIP S.a.s.deems the customer unfit, including, but not limited to, the case of previous violations of terms and conditions for “online” purchases at www.tipstreetwear.it or for any other legitimate reasons, especially if the customer has been involved in fraudulent activities of any kind.
Art. 5 – AVAILABILITY OF PRODUCTS.
5.1. The customer will be able to purchase products under the conditions indicated in the electronic catalog prepared by TIP S.a.s.and in the existing quantities in stock. For this purpose, the Supplier will indicate in real time in its electronic catalog the number of available and unavailable products, as well as the shipping time.
5.2.TIP S.a.s.does not guarantee the continued availability of products under the conditions offered, remaining committed, in case of unavailability and payment of the goods, to promptly inform the customer and refund the price without additional charges, within a maximum of 14 calendar days. In any case, it will be the responsibility of TIP S.a.s.to immediately contact the customer to propose a replacement product of equal value or the deduction of the amount from the total order in case of purchase of multiple products.
5.3. In the case of partial unavailability of the goods, the customer will be promptly informed by e-mail of the temporary unavailability and may decide whether to:a)accept delivery of only the products available and the sending, at a later time, of the item currently unavailable; b)receive the ordered items in a single shipment when the order is complete;c)cancel the temporarily unavailable item from the order (TIP S.a.s.undertakes not to charge the customer the corresponding price).
5.4. Promotion/offer products can be ordered subject to actual stock availability.
5.5. In any case, TIP S.a.s.will have the right to confirm and/or modify the indicated price and in this case the customer may withdraw before delivery if the final price is excessively high compared to that originally agreed upon, this entailing the consequent obligation of the veditor to return any price already paid by the customer.
Art. 6 – RESPONSIBILITY.
TIP S.a.s.assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, epidemics, pandemics, popular uprisings and other similar events that would prevent, in whole or in part, the execution of the contract in the agreed time. In addition, TIP S.a.s.will not be liable,except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its own control or that of its possible subcontractors.
6.2.TIP S.a.s.shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-performance of the contract due to the above-mentioned causes, the consumer being entitled only to a refund of the price paid.
6.3.TIP S.a.s.is not responsible for any fraudulent and illegal use that may be made by third parties, of credit cards, checks and other means of payment, when paying for the purchased products. TIP S.a.s., in fact, at no time during the purchase process is able to know the Buyer’s credit card number which, by opening a secure connection, is transmitted directly to the bank service provider.
Article 7 – GUARANTEES AND METHODS OF ASSISTANCE.
7.1.The Supplier shall be liable for any ascertained defect or lack of conformity of the product and attributable to him provided that such defect or lack has been reported by registered letter with return receipt to the address of TIP S.a.s. “Piazza XX Settembre n. 24 – 33170 Pordenone” or sent by e-mail to info@tipstreetwear.it within two months[sixty (60) days] from the date the defect was discovered. Reporting is not necessary if the Supplier has acknowledged the existence of the defect or concealed it.
7.2 With respect to conformity warranties for purchased products, the legal warranties provided by law shall also apply to the sale of products governed by these general conditions. In case of non-conformity of the delivered products, Articles 129, 130, 131 and 132 of Leg. n. 206/2005 (Consumer Code).
Article 8 – CUSTOMER’S OBLIGATIONS.
8.1. The customer agrees and undertakes, once the purchase procedure “on line” is completed, to print and keep these general conditions that, moreover, will have already viewed and accepted as an obligatory step in the purchase, as well as the specifications of the product being purchased, and this in order to fully comply with the conditions of D.Lgs. n. 206/2005 (Consumer Code) and Legislative Decree. 70/2003 .
8.2. These terms and conditions may be updated or modified at any time by TIP S.a.s., which will provide notice through the Site. The Buyer agrees and obliges, whenever there is a change in these general conditions, to arrange for their printing and preservation.
8.3. It is strictly forbidden for the Buyer to enter false, and/or invented and/or fictitious data in the registration procedure necessary to activate in his regard the process for the execution of this contract and its further communications; the personal data and e-mail must be exclusively his own real personal data and not of third persons, or fictitious.
8.4. It is expressly forbidden to make duplicate entries corresponding to one person or to enter data of third persons. TIP S.a.s.reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
8.5. The customer indemnifies TIP S.a.s.from any liability arising from the issuance of erroneous tax documents due to errors related to the data provided by the customer, the customer being solely responsible for their correct entry.
Article 9 – RIGHT OF WITHDRAWAL AND RETURNS POLICY.
9.1. Pursuant to Articles 52ff. of Leg. n. 206/2005, the Buyer may exercise the right of withdrawal by returning the goods received in their original packaging, complete with all original labels and obtaining a refund of the price paid.
9.2.The Buyer who, for any reason, is not satisfied with the purchase made has the right to withdraw from the contract entered into, without penalty and without specifying the reason, within the period of 14 calendar days from the day of receipt of the purchased goods. The right of withdrawal must be exercised in accordance with the mandatory conditions established by TIP S.a.s.
9.3.All costs for the redelivery of the products shall be borne by the customer who, directly or by other means, will deliver them to the Supplier’s domicile in Piazza XX Settembre no. 24 – 33170 Pordenone – Italia; tutti gli articoli dovranno pervenire nelle medesime condizioni di ricezione, provvisti degli imballi originali e di tutte le etichette che facciano parte della confezione e dell’originario imballaggio; non è consentito il reinvio della merce con altra modalità. In any case, the Buyer shall be liable only for the diminution in value of the goods resulting from handling the goods other than what is necessary to establish the nature, characteristics, and operation of the goods.
9.4. In order to exercise the right of withdrawal, the Buyer shall, within the period referred to in 9.2 (14 calendar days from the day of receipt of the purchased goods), send a registered letter with return receipt to the following address: TIP S.a.s., Piazza XX Settembre no. 24- 33170Pordenone – Italy.Registered mail is considered to have been sent on time if it is delivered to the accepting post office within 14 calendar days from the date of receipt of the goods. Notice may also be given in advance by e-mail to amministrazione@tipstreetwear.ita which must be followed within 48 hours by the above-mentioned registered letter with return receipt confirming the manifest withdrawal. Withdrawal can also be exercised using the following FORM to be filled out, signed and sent to the email address amministrazione@tipstreetwear.it
9.5 The clientmust return the goods or deliver them to the Supplier without undue delay and in any case within fourteen days from the date on which he/she informed the Supplier of his/her decision to withdraw from the contract. The deadline is met if the customer returns the goods before the expiration of the fourteen-day period.
9.6.TIP S.a.s.will accept the returned goods reserving the right to ascertain that the products have been returned in the state of origin, in conditions comparable to those in which they would be found after being tried in storeand with all original packaging and labels; only in this case it will provide for the re-credit, within 14 days from the day on which it is informed of the withdrawal and with the express right to suspend this period until receipt of the goods, of the amount paid by the Buyer for the purchase of the products or to the different amount in the event of a decrease in the value of the goods referred to in Art. 9.3. In case of return of items that are ruined or bearing obvious signs of use (makeup or lipstick stains, sweat, etc.), or delivered to our office outside the 14-day window, the return will not be accepted; the products will then be sent back to the customer (to the same address given at the time of purchase) and the purchase price will be retained as a refund.
Art. 10 – AUTHORIZATIONS.
10.1. By filling out the appropriate space,accessible from the Site, to complete the purchase procedure,the customer authorizes the Supplier to debit their bank account in favor of TIP S.a.s.the total amount highlighted as the cost of the purchase made “on line”. The entire procedure is done through a secure connection directly connected to the bank that owns and operates the “online” payment service, which TIP S.a.s.cannot access.
10.2. Should the Buyer exercise the right of withdrawal, as articulated in Art. 9 of these general conditions, or in any case in which the payment should not result in the completion of the sale, the amount to be refunded will be credited to the same credit card or other means of payment used by the customer and expressly indicated by him.
Article 11 – CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE.
11.1.TIP S.a.s.has the right to terminate the contract entered into by giving simple notice to the customer stating the reason; in this case the customer will be entitled only to a refund of any amount already paid.
11.2. The obligations assumed by the customer under Art. 8 (Obligations of the client), as well as the guarantee of the successful completion of the payment, have an essential character, so that by express agreement, the failure on the part of the client to comply with only one of these obligations will result in the legal termination of the contract pursuant to Article 1456 of the Civil Code, without the need for judicial pronouncement, without prejudice to the right for TIP S.a.s.to take legal action for compensation for further damage.
Article 12 – JURISDICTION AND COURT OF JURISDICTION.
12.1. Any dispute relating to the application, execution, interpretation and breach of the purchase contracts entered into “online” through the site www.tipstreetwear.it is subject to Italian jurisdiction; these general conditions refer, as far as not provided for, to the provisions of Legislative Decree. n. 206/2005.
12.2.Without prejudice to the right referred to in Art. 13, any dispute between the parties concerning this contract shall be settled by the Court in whose district the Buyer is domiciled, in accordance with applicable law.
Art. 13 – ONLINE SETTLEMENT OF DISPUTES FOR CONSUMERS.
13.1.The European Regulation 524/2013, which established an online platform aimed at independent, impartial, transparent, effective, rapid and fair out-of-court settlement of online disputes between European consumers and traders, makes it possible, prior to the pursuit of any other judicial remedy, to have recourse to such an alternative dispute resolution body.The platform is available at the following link (https://ec.europa.eu/consumers/odr/).
Article 14 – PROCESSING OF PERSONAL DATA.
The Customer’s data are processed by TIP S.a.s. in accordance with the provisions of the legislation on the protection of personal data, as specified in the information provided in the special section “Information pursuant to Article 13 of the European Regulation 2016/679”.
Last updated: 5November 2021.
