These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") concern the purchase of products and services made at a distance and made available via the Internet at www.tirake.com (hereinafter, e-commerce)
General Terms and Conditions of Sale
> Premise
All purchases of products and services made through e-commerce (hereinafter referred to as "Purchase Agreements") by the users accessing it (hereinafter referred to as Clients) are governed by the General Terms and Conditions and the other applicable terms and instructions contained in the e-commerce. In the event of a conflict between what is stated in the above terms and operating instructions and what is contained in the General Conditions, the latter prevail.
Any transaction and/or payment condition that may be granted to the Customer by way of derogation from the General Terms and Conditions will only be valid if
Tirake has accepted this condition by way of derogation in writing.
The provisions of these General Terms and Conditions apply indiscriminately to all Customers, except for those provisions expressly foreseen to be applicable to Customers Consumers only. "Customer Consumer" means a natural person purchasing products or services offered by e-commerce for purposes other than business or professional activity; given these General Conditions, it is presumed that it is not a "Customer Consumer" the Customer who submits a proposal to purchase products or services by entering their VAT number when registering on the site. The Purchase Agreements stipulated by Consumer Customers also apply Articles from 50 to 63 of Legislative Decree no. 206/2005.
Tirake may modify, at any time and without notice, the content of the General Terms and Conditions contained herein. Any modifications that may be made will take effect from the date of publication on the e-commerce site, as stated in the heading of the General Terms.
> Purchase procedure
The customer can purchase the products in the electronic catalogue of the site, detailed on the home page and within the respective sections per product category and described in the respective information sheets contained in the e-commerce, respecting the technical access procedures there illustrated. The publication of products and services exposed on e-commerce is an invitation addressed to the Customer to formulate a contractual purchase proposal. The order submitted by the Customer has value for contractual proposal and involves the full knowledge and full acceptance of these General Conditions.
The correct receipt of the Customer's proposal is confirmed by
Tirake via an automatic reply sent to the customer's e-mail address. The answer is generated automatically by the system and only confirms the correct receipt of the proposal. This confirmation message will indicate the 'Order Number', to be used in any subsequent communication with
Tirake.
Each order can be viewed by the Customer on e-commerce, in his/her personal area, immediately after the order is delivered, until
Tirake fulfils the order (communicated to Customer) by updating the order Information contained in the Customer’s personal area.
Each Purchase Agreement between
Tirake and the Customer shall be deemed to have been concluded by acceptance of the order by
Tirake by mail.
Tirake has the right to accept, at its own discretion, the order sent by the Customer, without the latter being able to make claims or rights of any kind, including compensation, in the event of non-acceptance of the order.
By sending the order, in the various ways provided by the operating instructions of the e-commerce, the Customer declares that he has read all the information provided to him during the purchase procedure and accepts the General Terms and Conditions Payment described below.
> Product Prices - Delivery Costs - Product Availability
All product prices are clearly indicated on the e-commerce website and are only inclusive of VAT. They do not include any additional and different taxes, duties or charges that are subject to the relevant applicable legislation, such as those foreseen in the import. In those cases, the customer must then clear the import and pay the duties and charges (other than VAT) possibly due in the country of import.
The prices and availability of the products on the e-commerce site are subject to change at any time and without notice, provided that, limitedly to the orders accepted or being accepted by
Tirake, the sales conditions in force at the time the order is placed will be applied.
Within the e-commerce site the products available for shipping are highlighted. This availability of products is not updated in real time; in addition, given the possible simultaneous access to the Site of many users, actual availability of individual products may vary considerably over the same day compared to the information on the e-commerce website.
Tirake makes no commitment or warrants the certainty of immediate delivery of the products purchased and indicated as available on the e-commerce site and therefore it will in no case be liable for any delays in delivery or non-execution of the order.
In the case of payment by bank transfer,
Tirake reserves the products purchased up to 3 days after the order, the time within which the customer must notify the payment via fax or e-mail.
If the delivery time of the ordered product undergoes considerable delays compared to the delivery time indicated on the e-commerce site prior to the order,
Tirake undertakes to promptly notify the Customer via an e-mail to the address indicated by the Customer.
The cost of each shipment, the amount of which may vary according to the delivery and payment method, as well as the destination country and the total amount of the order, is added to the total price of each purchase and is clearly indicated and communicated to the Customer, through the Site, prior to the conclusion of the Purchase Agreement.
The visual representation of the products on the Site, where available, normally corresponds to the photographic image of the products themselves and is solely for the purpose of presenting them for sale without any guarantee or commitment by
Tirake about the exact correspondence of the image depicted on the e-commerce site with the actual product; and this with particular regard to its real size and/or the chromatic aspects of the products.