Welcome to the TERMS AND CONDITIONS OF SALE section of Tomassini Arredamenti S.r.l.
Tomassini Arredamenti S.r.l.
Via Curio Fornaci, 3
05100 Terni (TR)
Iscr. C.C.I.A.A. Terni n.100124
Tel : +39.0744.305276 | Fax : +39.0744.309966
Email: [email protected]
Before placing an order, the Customer declares to have read and approved all the information and general conditions of sale reported here.
If the Customer has any questions relating to what is reported in this section, he is required to contact the customer service team, by email [email protected], or by telephone at (0039) 0744-1925400 from Monday to Friday, from 9 to 13 and from 16 to 19, and on Saturdays from 9 to 13.
Tomassini Arredamenti S.r.l. reserves the right to modify the Tomassini.com website and correct or update information (also relating to products) at any time and without notice.
GENERAL CONDITIONS OF SALE
This section specifies the terms and conditions of sale of the products marketed by Tomassini Arredamenti S.r.l.
All contracts relating to the sale of Products by Tomassini Arredamenti S.r.l. to third parties (Customers) are governed by these General Conditions, which form an integral and substantial part of every proposal, order and purchase order confirmation of the Products themselves. The conditions of sale applicable to orders are those in force on the date of confirmation of the order.
1. Products: prices and features
Unless otherwise indicated, the prices of the Products published on the site by Tomassini Arredamenti S.r.l. they are expressed in Euros and include VAT. Shipping costs are indicated after placing the items in the cart, choosing the country of delivery from those available for direct purchase via the website.
The prices of the Products published from time to time on the site by Tomassini Arredamenti S.r.l. cancel and replace the previous ones and are subject to the actual availability of the Products themselves.
The prices formulated following a request for a quote are instead provided with or without VAT, depending on the country for which delivery is requested, and depending on what the Customer requests, they can be inclusive or not shipping, taxes or duties. However, everything is clearly specified in the quote itself. If the Customer has any questions relating to what is reported in the quotation received, he is required to contact the customer service team, by email, or by telephone at (0039) 0744-1925400 from Monday to Friday, from 9 to 13 and from 16 to 20, and on Saturdays from 9 to 13.
The technical and functional characteristics relating to the Products published by Tomassini Arredamenti S.r.l. through the internet pages of the TomassiniArredamenti.it site, or by e-mail, are those communicated by the respective producers. Tomassini Arredamenti S.r.l. assumes no responsibility for the truthfulness and completeness of such information.
The images of the products are indicative and not binding. Tomassini Arredamenti S.r.l. assumes no responsibility in the event of differences due to the graphic resolution of the Customer's monitor, since the color that is seen on a PC or tablet screen may differ a little from that of the actual product.
When the order is confirmed, at the request of the customer, we can send small samples of the chosen finishes. However, these samples may differ slightly from the items ordered which, not being standard, but produced from time to time according to the specifications requested by the Customer, are made with different batches of materials (for example different color baths for fabrics, or different batches for skins). Tomassini Arredamenti S.r.l. assumes no responsibility for any such differences which cannot be grounds for dispute.
Despite the operators of Tomassini Arredamenti S.r.l. can provide information on the characteristics of the Products, the Customer is responsible for choosing the Products ordered and for the compliance and conformity of the specifications indicated by each manufacturer with respect to their needs.
2. Orders - billing
Each order of Products sent to Tomassini Arredamenti S.r.l. constitutes the Customer's contractual proposal. The fulfillment of the order by Tomassini Arredamenti S.r.l. it is equivalent to confirmation and acceptance of the same.
The tax documentation relating to the ordered Products will be issued by Tomassini Arredamenti S.r.l. upon receipt of payments and shipment of the Products to the Customer, who must indicate all the data necessary for billing and order management.
3. Execution of the order
Normally the times that characterize an order are as follows:
- 6-8 weeks for the PRODUCTION of the furniture: from the moment of order confirmation until the goods are available in the warehouse by Tomassini Arredamenti (August and December excluded); - 1 week for QUALITY CONTROL: in this phase, the specialized staff appointed by Tomassini Arredamenti checks the conformity of the goods with the order, its integrity and arranges for the shipment to the requested address; - 1 week for DELIVERY to European Union countries; - 2-5 weeks for DELIVERY to countries outside the European Union (depending on the destination area).
Any delays in production or due to the transport company are not attributable to the responsibility of Tomassini Arredamenti.
4. Acceptance of the order
The conclusion of the contract will take place only upon confirmation of the order by Tomassini Arredamenti S.r.l ..
The Customer will receive by e-mail, mail or fax, a notification of receipt showing the confirmation of the 'order with all the constituent elements of the contract (products ordered, prices, delivery dates, shipping costs, ...). At that moment the Customer, if he has ordered customized products according to his requests, will no longer be able to cancel or modify the order, as it is already in production.
An order can be confirmed by Tomassini Arredamenti only after the Customer has received the order form signed for acceptance on each page, and the bank transfer of deposit equal to 50% of the total amount. of the purchase.
Tomassini Arredamenti S.r.l. reserves the right not to confirm an order for any reason relating to a problem in the supply of products, or to a problem concerning the order received and in this case it will refund the customer only the sums they have already paid as a deposit, and nothing else.
5. Delivery of Products
The Products are delivered to the address indicated by the Customer, or made available directly at the Tomassini Arredamenti warehouse if an ex-works purchase has been agreed.
The shipments will take place after receiving confirmation of payments: for the bank transfer or financing the crediting to our current account is valid, for the payment by credit card the confirmation of the transaction by of the circuit.
For international orders no installation or assembly of the products is carried out: all international deliveries, and standard deliveries in Italy, are in fact carried out exclusively at street level, only for areas accessible to trucks medium / large (feasibility and cost for limited traffic areas and historic centers to be confirmed). If the delivery address is not accessible according to the conditions indicated above, the Customer will be required to pay any extra costs due to stops or redelivery by suitable means, unless otherwise agreed in writing during the Order phase.
Transportation inside the building or to other floors, removal of packaging and assembly is not included. It is necessary for the customer to provide assistance to the transporter for the unloading of bulky items.
If the order includes several items, a single shipment will be made, unless otherwise agreed, which will take place after the arrival of all the products in the warehouse and after having carried out the quality control.
For our shipments we rely only on leading forwarders in the sector, which have branches all over the world, and are specialized in the transport of furniture. With reference to the agreed return, we always include an all-risk insurance that covers any damage due to transport, so as to guarantee maximum safety for those who buy.
Normally deliveries take place according to the times indicated in point 3. Execution of the order.
Tomassini Arredamenti S.r.l. has the right to carry out, if it deems it appropriate, the delivery of the Products (also relating to the same order) in several successive deliveries.
The delivery is considered to have been made from the moment the Product is delivered to the Customer. The delivery document issued by the carrier, dated and signed by the Customer upon delivery of the Product, will constitute proof of transport and release of the goods.
Floor Delivery and Assembly
Most of our products, complete with assembly technical sheets, generally travel already pre-assembled. Final installation is usually very simple. For questions or requests for help, you can contact the customer service team, by email [email protected], or by phone at (0039) 0744-1925400 from Monday to Friday, from 9 to 13 and from 16 to 20.
Delivery including assembly is available only in Italy to be agreed in writing upon customer request and with costs to be quantified. It includes a delivery by appointment, the assembly and installation of the furniture in the chosen room and the removal / disposal of the packaging.
The delivery including assembly is not available for lamps or for deliveries outside Italy, and does not include the installation of electrical systems for the lamps, nor the fixing to the wall for mirrors or paintings, and does not provides for the collection of used items.
Receipt of goods
Upon delivery, the Customer must check the content, conformity and status of the Products received, therefore Tomassini Arredamenti S.r.l. recommends, before signing the acknowledgment of receipt, to verify that:
- the number of packages delivered corresponds to what is indicated in the transport document attached to the shipment;
- the packaging is intact, not damaged, wet, dirty, or otherwise altered, and to check the integrity of the contents.
If the Customer finds anomalies, he must refuse the delivery of the products or put his detailed and dated reservations in writing. If the courier's document is signed without affixing any "reservation", the Customer will then not be able to make any objection about the external characteristics of what has been delivered. Any problems concerning the physical integrity, correspondence or completeness of the Products received must in any case be reported no later than 3 (three) days from delivery.
Special delivery terms and conditions must be agreed in advance between the Customer and Tomassini Arredamenti S.r.l. and accepted in writing by Tomassini Arredamenti S.r.l ..
6. Acceptance of delivery and disputes.
The Customer must accept the delivery of the Products ordered at the address and in the manner indicated by the carrier, as agreed (delivery and conditions) during the purchase. In case of non-collection by the Customer within the deadline set by the carrier, there may be additional costs, and in extreme cases the products will be returned to Tomassini Arredamenti S.r.l ..
International deliveries do not include, if not expressly agreed, customs fees, taxes, duties, or all costs arising from quarantine or fumigation (such as for Australia), which must be paid by the customer before delivery. Failure to pay may lead to delays (for which Tomassini Arredamenti does not assume responsibility) and, in the most extreme cases, the return of the goods to our warehouse, with the consequent charge of additional costs.
In the event that the Product received does not comply with what is reported in the Order Form, the Customer undertakes to return it to Tomassini Arredamenti S.r.l. within 7 (seven) days of receipt, with the package closed, intact and unaltered and in any case resalable, in its original condition and packaging with the accompanying documents. Only after having received the Product exclusively in the manner indicated above, Tomassini Arredamenti S.r.l. will return, at its own expense, the correct Product initially ordered.
7. Force majeure
In addition to those normally considered by case law, the following cases are explicitly considered as cases of force majeure:
- total or partial strikes, internal or external to the company, block transportation or supply for any reason, governmental or legal restrictions, computer failures, telecommunications blocking.
In the event of force majeure, the execution of the order will be suspended, in the first instance, in full right. If after a period of 3 (three) months, the parties ascertain the persistence of the case of force majeure, the order will be automatically canceled, unless otherwise agreed by both parties.
8. Product Warranties - Technical assistance
Tomassini Arredamenti S.r.l. guarantees only the material integrity of the Products at the time of delivery (hereinafter, the "Tomassini Arredamenti S.r.l. Guarantee").
8.1 Any defects covered by the Tomassini Arredamenti S.r.l. must be reported by the Customer, under penalty of forfeiture, no later than 3 (three) days from the delivery date. In the event of the Tomassini Arredamenti S.r.l. guarantee being operational, the Customer will only be entitled to the replacement of the damaged Products upon return of the same, the Customer's right to compensation for any damage, even further, being excluded. The shipping costs necessary for the replacement of Products are borne by Tomassini Arredamenti S.r.l ..
8.2 Without prejudice to the provisions of the previous article 8.1, Tomassini Arredamenti S.r.l. does not provide any additional guarantee on the Products with respect to that provided by the individual Manufacturers. The technical assistance and warranty interventions on the Products are carried out, where foreseen, by the individual Manufacturers, according to the terms and methods indicated in the documentation attached to the Products themselves. In particular, Tomassini Arredamenti S.r.l. does not provide any guarantee regarding the compatibility of the Products with other Products or equipment used by the Customer, nor does it provide any guarantee regarding the suitability of the Products for the specific use intended by the Customer.
8.3 Without prejudice to the hypothesis of willful misconduct or gross negligence by Tomassini Arredamenti S.r.l. it is already agreed that, if the responsibility of Tomassini Arredamenti S.r.l. for any reason towards the Customer - including the case of total or partial non-fulfillment of the obligations assumed by Tomassini Arredamenti S.r.l. towards the Customer as a result of the execution of an order - the responsibility of Tomassini Arredamenti S.r.l. it cannot be higher than the price of the Products purchased by the Customer and for which the dispute has arisen.
9. Right of withdrawal
9.1 Pursuant to art. 5 of Legislative Decree 22 May 1999 n. 185, the Customer (if he qualifies as a "consumer" pursuant to article 1 letter b) of Legislative Decree 22 May 1999 n. 185) has the right to withdraw from the contract and to return the ordered Products, without any penalty and without specifying the reason, within 14 (fourteen) days of receipt of the Products.
9.2 The right of withdrawal referred to in the previous article 9.1 can be exercised by the Customer, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.
To exercise the right of withdrawal, the Customer must inform the Tomassini Arredamenti company:
by mail: Tomassini Arredamenti S.r.l. - Via Curio Fornaci, 3 - 05100 Terni (TR) - ITALY by fax: +39 0744 309966 by email: customers @ tomassiniarredamenti. it
of the decision to withdraw from the contract signed by means of an explicit declaration (for example a letter sent by post, fax or e-mail).
To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
9.3 Effects of withdrawal
By withdrawing from the contract, all payments made in our favor, including delivery costs, will be refunded to the Customer, without undue delay and in any case no later than 14 days from the day we are informed of the decision to withdraw from this contract.
These refunds will be made using the same payment method used for the initial transaction, unless the Customer has expressly agreed otherwise; in any case, he will not have to incur any costs as a consequence of this reimbursement.
The refund may be suspended until receipt of the goods or until the consumer demonstrates that he has returned the goods.
9.4 The returned goods must be returned or delivered to us at Tomassini Arredamenti S.r.l. - Via Curio Fornaci, 3 - 05100 Terni (TR) - ITALY without undue delay and in any case within 14 days from the day on which the Customer communicated his withdrawal from this contract. The deadline is met if the goods are returned before the expiry of the 14-day period.The direct costs of returning the goods will be borne by the Customer.
9.5 The Customer is only responsible for the decrease in the value of the asset resulting from its handling other than that necessary to establish its nature, characteristics and functioning. The returned goods must be returned intact and in resalable conditions.
9.6 The right of withdrawal referred to in article 9.1 above cannot be exercised by the Customer if the Products purchased have been customized and manufactured according to the Customer's requests.
To proceed with an order, the following is required:
- 50% of the total amount upon confirmation of the order
- 50% of the amount when the goods are ready to be shipped
The payment methods accepted are:
- BANK TRANSFER
- CREDIT CARD *
- FINANCING *
* Only at our headquarters in Terni, Via Curio Fornaci n.3 (ITALY).
The Customer undertakes to pay the agreed price for the ordered Product (price of the Product and any transport) as well as to pay, or to have paid, if necessary, unless otherwise agreed in writing, the VAT or other taxes relating to the importation of the Products in the country where the delivery will take place.
In case of non-receipt by Tomassini Arredamenti S.r.l. of the balance payment (when the goods are ready to be shipped) in the 30 days following the payment request itself, or in the case of non-payment of the aforementioned VAT and / or taxes, Tomassini Arredamenti S.r.l. reserves the right to cancel the order and withhold the amount paid by the customer as a down payment / deposit.
11. Non-payment - Retention of title
The Products ordered remain the property of Tomassini Arredamenti S.r.l. until the final and full payment of their price (pursuant to Art. 1523 et seq. of the Italian Civil Code).
Tomassini Arredamenti S.r.l. reserves the right to claim the Products ordered in the event of non-payment, and in this case the Customer will not be entitled to a refund of the payment paid as a down payment / deposit.
Complaints for non-compliance with the order of the delivered Product (s) must be sent in writing directly to Tomassini Arredamenti S.r.l., immediately, and in any case no later than 3 (three) days, after receipt of the goods.
We advise the Customer to keep the original packaging and the delivery document.
13. Personal information
The computerized processing of information, including the management of the e-mail addresses of users of the site, is carried out in compliance with the provisions of the law.
The personal information requested from the Customer is essential for the processing and forwarding of orders, the creation of invoices and any warranty contracts.
For this purpose, such information may be disclosed to the contractual partners of Tomassini Arredamenti S.r.l ..
The Customer may object to such communication and, in accordance with the law, avails himself of the right of access, modification, rectification and cancellation of data concerning him by writing directly to Tomassini Arredamenti S.r.l. - Via Curio Fornaci, 3 - 05100 Terni (TR) - ITALY
To avoid any attempt at fraud, Tomassini Arredamenti S.r.l. may ask you for proof of your identity, of your domicile.
14. Electronic signature
The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
15. Failure to waive
For Tomassini Arredamenti S.r.l. the fact of not asserting a lack on the part of the Customer with respect to any of his obligations, cannot be interpreted as a waiver of the obligation in question and the possibility of asserting this lack at a later time. </ p>
16. Integrity of the contract
These general conditions of sale constitute the entirety of the obligations of the parties. No other general or particular conditions communicated by the Customer may be included in or out of these general conditions.
17. Intellectual Property
Tomassini Arredamenti S.r.l. is the owner of the intellectual property rights of the Site and the right to disseminate the elements contained in the online store catalog, consequently, the partial or total reproduction, on any type of media, of the elements that make up the Site and the catalog, their use and their transfer to third parties are formally prohibited.
Should one or more provisions of these general conditions be considered invalid or declared as such in application of a law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will retain all their force and value .
In the event of a dispute and in the absence of an amicable agreement reached between the parties, without prejudice to the possible applicability of mandatory provisions of law for the protection of consumers (as defined pursuant to Article 1 letter b) of Legislative Decree .Lgs 22 May 1999 n. 185), any dispute connected to these General Conditions will be devolved to the exclusive jurisdiction of the Court of Terni.
Pursuant to and for the purposes of articles 1341 and 1342 of the civil code, the Customer declares to have carefully read and understood and to specifically accept the following clauses of the General Conditions of Sale Tomassini Arredamenti S.r.l .: 1 -2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18 -19.