CONDITIONS OF SALE
General provisions
These conditions are valid exclusively between TIHTA di Fabrizia Alioto, in Francesco Petrarca, 129, 80122 Napoli NA, REA NA-1009613, VAT number 09115791213, hereinafter referred to as `` TIHTA '' and any person who makes purchases online on the website www.tihta.it hereinafter referred to as '' CUSTOMER ''. These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force.
These conditions govern purchases made on the website www.tihta.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 on electronic commerce.
ARTICLE 1 - Object of the contract
With these general conditions of sale, TIHTA sells and the CUSTOMER remotely purchases the movable tangible goods indicated and offered for sale on the website www.tihta.it The contract is concluded exclusively through the internet, through the CUSTOMER's access to address www.tihta.it and the creation of a purchase order according to the procedure provided by the site itself.
The customer undertakes to read these general conditions of sale, in particular the pre-contractual information provided by TIHTA, before proceeding to confirm his order, and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER examines the characteristics of the goods that are illustrated in the individual product sheets at the time of the CUSTOMER's choice.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline within which TIHTA undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of these conditions) as well as the model withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided by TIHTA.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take note of the information relating to TIHTA, the geographical address, telephone number, e-mail address, information that is reported, also below:
Tihta by Fabrizia Alioto
Via Francesco Petrarca, 129
80122 - Naples (NA)
cell. 3395066906
tihta@pec.it
​
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by TIHTA to the CUSTOMER of an e-mail confirming the order. The e-mail contains the CUSTOMER data and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to be able to print and archive the copy of the present conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify TIHTA of any corrections.
TIHTA undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.tihta.it do not constitute a contractual element, as they are only representative.
TIHTA undertakes to deliver the goods within 30 days from the sending by TIHTA of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Availability of products
The availability of the products refers to the actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before confirming the order.
Even after sending the order confirmation email sent by TIHTA, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically corrected with the elimination of the unavailable product and the CUSTOMER will be immediately informed via e-mail.
If the CUSTOMER requests the cancellation of the order, by terminating the contract, TIHTA will refund the amount paid within 14 days from the day on which TIHTA became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Methods of payment
Any payment by the CUSTOMER can only be made by means of the credit cards indicated on the website www.tihta.it, by bank transfer, by Paypal payment method or by cash on delivery, the latter can only be made if the parcel is delivered to a workplace.
In case of payment by credit card and Paypal, the Customer will be redirected to the PayPal payment platform, where he can make the payment in a secure way. The PayPal platform directly manages the data entered on its website to make the payment. TIHTA does not collect any data relating to the credit card used, or relating to the access codes to the "PayPal" form of payment. This information is collected directly by the PayPal payment system. The actual charge will take place when TIHTA sends the order confirmation e-mail.
In the case of payment by cash on delivery, the customer will have to pay an additional cost of 9.00 euros (VAT included) for the management of the cash on delivery by the express courier. Payment must be made on delivery, in cash, directly to the courier for an amount not exceeding € 2,999.00. The courier does not accept checks of any kind.
ARTICLE 6 - Prices
All sales prices of the products indicated on the website www.tihta.it are expressed in Euros and include VAT.
Shipping costs are included in the purchase price.
The CUSTOMER accepts the right of TIHTA to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the site at the time the order is created and indicated in the confirmation e-mail sent by TIHTA to the CUSTOMER.
In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by TIHTA, of the retail price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 - Right of withdrawal
Pursuant to and for the purposes of the Consumer Code, as amended by Legislative Decree no.21 / 2014, the Customer is given the right to exercise the right of withdrawal, without any penalty and without specifying the reason, within 14 days of calendar from the date of delivery of the purchased good. To exercise this right, the Customer must send, within the terms indicated, a PEC email to tihta@pec.it or a letter by registered letter with return receipt, in which their data are indicated, namely Name, Surname, Address , Order number, telephone, description of the product / s, if any IBAN code and holder of the current account where you are asked to make the transfer for the refund.
Always within 14 days, the CUSTOMER must send, at his own expense and with a courier of his choice, the product he intends to return, including in the shipment a form (see below) with his data which must be the same as those sent in the communication to make use of the right of withdrawal.
Once the returned product has been received, TIHTA will refund the price paid for the product / s for which the right of withdrawal has been exercised, minus the shipping costs incurred by TIHTA for shipping the item. , which are always equal to € 5.00, within 14 calendar days from the day on which the withdrawal decision was communicated, provided that the goods subject to withdrawal have reached the company, or unequivocal proof of the shipment has been provided by courier and delivery.
Products purchased on sale, or with promotional codes are not subject to exchange or return.
The customer will be held responsible, and therefore not refundable, for the decrease in value of the goods resulting from manipulation other than that strictly necessary to establish the nature and characteristics of the goods. For products for personal use, for hygienic and health reasons it is not possible to return products that have already been used.
The goods must be returned to:
TIHTA DI FABRIZIA ALIOTO, at Via Petrarca 129, Villa del Pino - 80122 Naples (NA)
All risks relating to the transport of the returned product are borne by the Customer.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any accessory equipment) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, TIHTA will refund the amount of the products subject to withdrawal within a maximum period of 14 days. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, TIHTA may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that he has returned the goods to TIHTA.
TIHTA will reimburse using the same payment method chosen by the CUSTOMER during the purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide TIHTA, by accessing the contact us section, the bank details: IBAN, SWIFT and BIC necessary for the reimbursement by TIHTA .
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, referred to in Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
TIHTA BY FABRIZIA ALIOTO
Via Petrarca 129, Villa del Pino
80122 Naples (NA)
cell. 3395066906
pec tihta@pec.it
Subject: communication made
Order number: (indicate the order number relating to the purchased good (s))
Buyer data: (indicate name, surname, address, telephone, e-mail)
Product for which the right of withdrawal is exercised: (indicate brand, name and format of the product and product code as per order summary sent in the original shipment)
In case of purchases made by bank transfer or cash on delivery, also report:
IBAN code: (indicate the IBAN number of the current account where you intend to receive the refund credit)
Current Account Holder: (Indicate the holder of the current account where the refund is to be credited).
Date
Signature
ARTICLE 8 - Legal guarantee of conformity
In case of receipt of non-compliant or defective products, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing the product. The CUSTOMER can exercise this right by adhering to the minimum limits of the law.
ARTICLE 9 - Delivery methods
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. from the date of receipt by the CUSTOMER of the order confirmation email sent by TIHTA.
For each order placed on the website www.tihta.it TIHTA issues a sales price (shipping note) for the goods shipped. The invoice relating to products purchased by individuals is not issued as these are sales operations not subject to the obligation of tax certification pursuant to article 22 paragraph 1 n 1 of Presidential Decree 633 of 1972 and article 2 of Presidential Decree 696 of 1996 An order summary is sent to all customers that has the same fiscal and legal value as a traditional receipt. The invoice is available on request when completing the order, after the order has been processed, the CUSTOMER will receive the invoice by email. The invoice will contain the information provided by the CUSTOMER during the purchase procedure. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein. It is not possible to request an invoice after completing the order without having ticked the appropriate "Request Invoice" box.
ARTICLE 10 - Liability
TIHTA assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, even if dependent on malfunctions and disservices of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 11 - Access to the site
The CUSTOMER has the right to access the site for consultation and making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of TIHTA and are protected by intellectual property rights.
ARTICLE 12 - Cookies
The website www.tihta.it uses '' cookies ''. Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and that allow TIHTA to offer a personalized service to its customers.
TIHTA informs the Customer of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that this could prevent the Customer from proceeding with the online purchase.
ARTICLE 13 - Integrality
These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court with jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 14 - Applicable law and competent court
These General Conditions of Sale are subject to Italian law.
Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the CUSTOMER's place of residence or domicile, if located in the territory of the State.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
ARTICLE 15 - European dispute resolution platform
Consumers residing in Europe are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and / or deriving from them. Consequently, if you are a Consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on this site. The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
General conditions of sale updated on 09 November 2017