Terms and Conditions
PREMISES
The offer and sale of products on the website www.tulumesencial.com are governed by the following general conditions of sale. The products purchased on the site are sold by GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI
DEFINITIONS
The following definitions are used in this Agreement:
Customer: indicates the natural person who purchases the products for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out ;
GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPLES: indicates the company GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPLES
Products: indicates the products marketed by GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPLES ;
Party: indicates the customer or GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPLES severally ;
Parties: means the Customer and GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPLES jointly.
KNOWLEDGE OF THE GENERAL CONDITIONS OF SALE
The conditions of sale are considered known by the customer at the time of purchase. Therefore, each order implies implicit acceptance. These general conditions can be updated or modified at any time by GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI, which will provide communication through the appropriate customer communication channels.
SUBJECT OF THE CONTRACT
The offer and sale of products on the website www.tulumesencial.com imply the implementation of a distance contract governed by articles 50 et seq. of Legislative Decree 6 September 2005, n. 206 (consumer code), as well as by Legislative Decree 9 April 2003 n. 70 (so-called law on electronic commerce). The purchase of products is intended only for private consumers.
ACCEPTANCE OF THE ORDER AND CONCLUSION OF THE SALES CONTRACT
By sending a purchase order, the customer declares to know and accept these conditions of sale and the additional information contained on the site. The contract will be considered concluded, and will be binding for both parties, only when the notification of shipment is sent to the customer, via email to the email address indicated at the time of purchase.
PRODUCTS AND SALES PRICES
All sales prices of the products on the site www.tulumesencial.com include VAT and any other tax. They constitute an offer to the public pursuant to art. 1336 cc. It is understood that the image accompanying the presentation of the products may not be perfectly representative of its characteristics but may differ in color, size and accessory products present in the figure.
PAYMENT METHODS
The Paypal and stripe platforms directly manage the data entered on their website to make the payment. GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI does not collect any data relating to the credit card used, or relating to the access codes to the "Paypal" or stripe payment method. This information is collected directly by the Paypal or stripe payment systems.
You can pay by cash on delivery or bank transfer.
TAX CERTIFICATION AND INVOICE
The invoice relating to products purchased by private individuals is not issued as these are sales transactions not subject to the obligation of tax certification pursuant to article 22 paragraph 1 no. 1 of Presidential Decree 633 of 1972 and article 2 of Presidential Decree 696 of 1996. All customers are sent an order summary which has the same fiscal and legal value as a traditional receipt.
PROVISION AND PROCESSING OF PERSONAL DATA
The customer's personal data is collected for the purpose of being able to execute the purchase contract and ship the orders received. Such data is processed electronically in compliance with the laws in force and may be exhibited only upon request of the judicial authority or other authorities authorized by law. The personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disclosed exclusively for this purpose. The customer expressly undertakes to provide GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI with a copy of the identity documents deemed necessary for the purpose of any checks. Failure to comply with the aforementioned request authorizes GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI to immediately terminate the contract for non-fulfilment. The processing is carried out, also with the aid of electronic means, in compliance with the methods that art. 11 of Legislative Decree 30 June 2003, n. 196 provides for the user's guarantee and, in general, protecting his rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The processing will take place for a period of time not exceeding that strictly necessary for the fulfillment of the purposes described above. Obtaining the cancellation of your personal data is subject to sending a written communication sent to GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI owner and responsible for the collection and processing of personal data is GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI
APPLICABLE LAW AND JURISDICTION
The contract between GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI and the customer is governed by Italian law.
DELIVERY METHODS AND TIMES
The products are shipped via express courier, and delivery times to the customer vary depending on the destination, the time the order is acquired and the availability of the product itself. In any case, however, delivery times will never exceed those provided for by art. 6 Legislative Decree 185/99. For available goods, delivery to the courier occurs within 2 working days from the time the order confirmation is sent to the customer. Barring unforeseen circumstances, delivery times within the national territory will be 2 working days from delivery to the courier. For Puglia, Basilicata, Calabria, Sicily and Sardinia, delivery times will generally be 3 working days. For locations that are difficult to reach such as mountain resorts, smaller islands, and extreme outskirts, delivery times will be 3/4 working days.
Upon receipt of the goods, the customer must strictly verify that the package is perfectly closed, intact, and undamaged. A security tape is applied to each package to prevent it from being opened and to signal, if the tape is damaged, any attempts at tampering. In the event that the security tape is damaged, the customer must immediately report the fact to the courier, accepting the package with specific reservations indicating where and how the package was damaged. Otherwise, the package will be considered regularly delivered.
If the customer is not available at the time of delivery of the order, the courier will leave a notice. The next day, a second attempt will be made. If, in this case too, it is not possible to deliver the order, the customer must contact the courier as soon as possible to arrange delivery of the order, within a maximum of 2 working days. In order to make the delivery without impediments, the customer is asked to enter a mobile phone number in the delivery data.
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 calendar working days from the date of delivery of the purchased goods.
To exercise this right, the customer must send, within the indicated terms, an email to info@tulumesencial.com indicating: subject of the request (REFUND – ITEM EXCHANGE), Name, Surname, Address, Order number, Telephone.
As soon as such communication is sent, the Customer must ship, at his own expense and with a courier of his choice, the product he intends to return, including in the shipment a printout of the email sent. The shipping address is:
TULUM ESENCIAL - VIA TRENCIA 27 80126 NAPLES
The returned product must reach GSM CLOTHING SRL within a maximum of 14 calendar days from the date on which you communicated the withdrawal. Once the returned product has been received, GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI will proceed to:
REFUND: by direct refund via paypal or stripe or by bank transfer in case of payment on delivery. The refund will be made within 14 days of receipt of the product by GSM CLOTHING SRLPIVA 10536051211 - CORSO UMBERTO I, 293 - 80133 NAPOLI. The refund will include the cost of the returned product and will not include shipping costs.
Return shipping is always at the customer's expense.
ITEM EXCHANGE: when the product arrives at the office, the exchange will be sent, the re-shipping costs are at the customer's expense. In this case, in the email and in the relative printout, it must be specified that you intend to proceed with the item exchange and the desired item.
The customer will be held responsible, and therefore not compensable, for the decrease in value of the goods resulting from a handling other than that strictly necessary to establish the nature and characteristics of the goods. All risks related to the transport of the returned product are borne by the Customer.
Return shipping is always at the customer's expense.
Return shipping is always at the customer's expense.
To help the Customer exercise the right of withdrawal, here is an example of an email communication, to be included in the package with which the returned product is shipped:
Subject: ITEM CHANGE COMMUNICATION
Order number: PLEASE ENTER THE ORDER NUMBER
Buyer data: INDICATE NAME, SURNAME, ADDRESS, TELEPHONE, E-MAIL
Desired size: INDICATE THE NEW ITEM
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