The following document is an excerpt from General Terms and Conditions of Sale.
11 – RIGHT OF WITHDRAWAL
11.1 Pursuant to art. 64 D.Lgs. N.206 / 2005, the customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without incurring any penalty in accordance with the terms and procedures indicated in the following articles.
11.2 The supply of customized or tailor-made goods is exempted from the right of withdrawal, as established by law.
11.3 To exercise the right of withdrawal as per art.14.1 above, the customer must complete the request form and send it to TOR within 14 (fourteen) working days of the date of receipt of the products with respect to which the right of withdrawal is being exercised.
11.4 The withdrawal must be communicated by sending a registered letter with acknowledgment of receipt (with return receipt) to the following address:
TOR by Anna Marconi – sole proprietorship
Contrada Laufi snc – 96107 Noto (SR)
Tel: +39 347 5420061
E-mail: info@ceramichemaremoro.com
Within this same period, the following can also be sent:
– A fax which must be followed within 48 hours by the aforementioned registered letter with acknowledgment of receipt confirming the withdrawal.
An e-mail by certified mail to tordiannamarconi@legalmail.it
An e-mail address: info@ceramichemaremoro.com
ESEMPIO MODULO RECESSO (Not mandatory)
(If you wish to cancel the purchase contract, please fill in and return this form.)
To: TOR by Anna Marconi – Individual company
Contrada Laufi snc – 96107 Noto (SR)
Tel: +39 347 5420061
I/We hereby declare (*) my/our withdrawal from the purchase contract by me/us (*) stipulated in regard to the following articles(*)/the provision of the following service (*)
_______________________________________________
Ordered on date (*)/ received on date (*)
_______________________________________________
Name of customer
_______________________________________________
Address of customer
_______________________________________________
_______________________________________________
__________________
Signature of customer (only if printed on paper)
_______________
Date
(*) delete as applicable
Once the aforementioned notice of withdrawal has been received, instructions on how to return the product(s) will immediately be communicated to the customer.
The return product must be received by TOR within 14 days of receipt of the aforementioned communication. For this purpose the delivery date to the courier will be used.
12 – SHIPPING ADDRESS FOR RETURN
12.1 In the case of withdrawal, the Customer must return the products to the vendor within 14 (fourteen) days of the withdrawal by sending the returned product/products to the following address:
TOR by Anna Marconi – Individual business
Contrada Laufi snc – 96107 Noto (SR)
12.2 Returns may only be requested only by the customer making the original order and carried out at the same address used for shipping.
12.3 The purchased product must be returned new and intact, unused, unaltered, unwashed and complete with all its parts and its relative control tag, with all seals intact and untampered with and in its original packaging (including packaging and original boxes, and any accessory material) without postal labels.
12.4 To prevent damage to the original packaging, it is recommended that it be inserted in a second box.
12.5 The shipping costs related to the return of the product will be charged to the customer and will not be reimbursed unless the original item was incorrect or defective.
12.6 The shipping costs related to the return of the product also from outside Italian territory and the European Union will be charged to the customer; the costs of delivery to the customer and any other incidental expenses and/or taxes shown at the time of ordering will not be reimbursed.
12.7 Until receipt in the TOR warehouse has been certified, the shipment is entirely the responsibility of the customer.
12.8 The right of withdrawal applies only to the product purchased in its entirety; it is not possible to exercise withdrawal for only one or more parts of the product purchased. In the case of orders which are composed of several products, it is possible to exercise withdrawal for one or more of the products included in the order, specifying the products you intend to return and completing the form, pursuant to the previous art. 14.2.
12.9 In the case of damage to the product during transport, TOR will inform the customer of the event (within 5 working days of receipt of the product in its stores), to allow the customer to promptly report to the courier or carrier chosen by them and obtain a refund of the value of the product (if insured); in this case, the product will be made available to the customer for its return, simultaneously canceling the request for withdrawal.
12.10 TOR is not responsible in any way for damage to, or for the theft/loss of, products.
12.11 In the case of return, upon arrival at TOR, the product will be examined to assess any damage or tampering not caused by transport. If the packaging is damaged, TOR will deduct from the refund due a percentage, in any case not higher than 10% of the value of the product itself, as a contribution towards costs.
12.12 After deducting any reimbursement costs for damage to the original packaging, TOR will reimburse the customer the amount already paid for the purchase of the product within 14 days of its return.
12.13 Reimbursement will be made by means of a bank transfer to the current account provided by the customer.
12.14 It is the customer’s responsibility to promptly provide the bank details to which the refund will be sent (ABI-CAB-IBAN codes-Account number and the bank of the person issued the invoice).
12.15 The customer loses the right to exercise the right of withdrawal in the case that, in regard to the returned product (or packaging and/or its contents), TOR ascertains:
– The use, including the washing – even partial -, of the product and any accessories;
– The lack of external packaging and/or of the original inner packaging;
– Tampering and damaging of warranty seals;
– The absence of parts of the product;
– The absence of the control tag attached to the product;
– Damage to the product not caused during transportation.
In all these cases, the products will remain in storage at the TOR warehouse and will be available to the customer for collection at his/her own expense.
In the event that the right of withdrawal is exercised after the deadline set by art. 64 of Legislative Decree 206/2005 TOR will return the product to the Customer, charging them again for the shipping costs.
13 – GUARANTEES
13.1 All products sold through the site are covered by the manufacturer’s warranty for patent defects, for a duration of 24 months if the customer is a consumer (not a company or self-employed with VAT number), as per Legislative Decree no. n. 206/2005.
13.2 The consumer is obliged to treat the product carefully and to follow the maintenance instructions at https://www.ceramichemaremoro.com/faq/
13.3 Damage caused by, for example, an accidental fall or incorrect use are not considered patent defects.
13.4 In the event of a patent defect, the consumer must send the product by insured courier to TOR by Anna Marconi – Individual Enterprise, Contrada Laufi snc – 96107 Noto (SR), Italy in order for checks to be carried out as to whether the damage is due to natural wear and tear from the use of the product or from improper use or improper maintenance of the same.
13.5 If the claimed patent defect is not found by the member of our staff responsible, no action can be taken nor refund be made.
13.6 The legal guarantee entitles you to the elimination of any patent defect in the product by repair (unless the necessary repair is objectively impossible or excessively expensive) or replacement of the same (subject to availability of the product).
14 – CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE
TOR has the right to terminate the stipulated contract simply by communicating the fact to the customer with appropriate and justified reasons; in this case the customer will be entitled exclusively to the refund of any sums already paid.
15 – COMPLAINTS
Any customer complaints should be addressed to:
TOR by Anna Marconi – sole proprietorship.
Contrada Laufi snc – 96107 Noto (SR)
Tax number: 08551130969 / C.F: MRCNNA83R59G489R
Tel: +39 347 5420061
E-mail: info@ceramichemaremoro.com
These general conditions are governed exclusively by Italian law.
16 – JURISDICTION AND VENUE
Any dispute concerning the application, execution, interpretation and violation of purchase contracts stipulated online through the Site is subject to Italian jurisdiction; for any matter not expressly provided for herein, these general conditions make reference to the combined provisions of Legislative Decree No. 50 dated 15.1.1992 and Legislative Decree No. 185 of 22.5.1999.
Any dispute between the parties deriving from the contract in question shall be settled in the Court of the area wherein the client or consumer has their residence (Art. 1469 Bis N ° 19).
All other cases shall be settled in the Verona courts.