General conditions of Sale

1. The C.D.T. Tomarchio s.r.l. (hereinafter, for the sake of brevity, the Company) – VAT number 01503310870 – (telephone 095471147, email info@tomarchio.eu, is based in Corso Carlo Marx 130 Misterbianco, Catania.
2. The Company through its website www.tomarchio.eut (hereinafter, for the sake of brevity, the Site) markets, through an online sales service, confectionery products (hereinafter, for the sake of brevity, the Products).
3. These General Conditions of Sale are applied to all those who make purchases through the Site. In the event of a change in the General Conditions of Sale, those published on the site at the time of sending the purchase order will apply.
4. By placing the purchase order, the customer confirms that he has read and accepts all these General Conditions of Sale, that he is of age and fully capable.
5. The essential characteristics of the Products and the price of the same are shown in each product sheet on the Site. The price indicated in the product sheets at the time the order is sent is applied to the Products. Delivery costs, also indicated in the product sheets, are always charged to the customer.
6. The order placed by the customer constitutes a proposal to purchase the Products chosen from the Site and is governed by these General Conditions of Sale. The contract will be considered concluded only when the proposal is accepted by the Company by sending an acceptance email to the customer. The order and receipt are considered received when the parties to which they are addressed have the opportunity to access them.
7. In the event that at the time of receipt of the single order the Products ordered are not available, the customer will be sent an email not accepting the order and the price paid will be returned in the same manner used for the purchase.
8. The methods of purchase are as follows:

– Registration;
– Order;
– Acceptance;
– Prepayment;
– Delivery.

9. The Company will keep a copy of the orders received and the acceptances sent for 180 days.
10. The aforementioned documentation will be stored in a database and will be accessible only to Company personnel who need to consult it for the performance of their duties.
11. Before submitting the proposal to the Company, the customer may at any time correct any data entry errors by deleting the incorrect data and entering the correct one.
12. The payment methods are as follows:

– Paypal;
– Credit cards through the PayPal circuit

Payment must be made within 5 days from the date the order was placed. After this deadline, the order will be automatically canceled.
13. In case of cancellation of the order by the Customer, in case of non-acceptance of the proposal by the Company and in case of return of the Product that should be effectively flawed, the competent credit institution will be requested to cancel the transaction and this will arrange it according to its own timing for which the Company cannot be held responsible.
14. The delivery time of the products is 3 days, from receipt of payment by the customer.
15. Delivery will be made by courier to the address indicated by the customer. The Company will charge the customer for any additional costs due to changes in the delivery address not promptly communicated.
16. If the Customer, intended as the final Consumer, refuses to receive or fails to receive the delivery of the Products in accordance with the provisions of these General Conditions of Sale, all the risks associated with the loss or damage of the same will in any case be at its load. In this case, the company may cancel the order and dispose of the Products, without prejudice to its right to compensation for the damage caused by the Customer.
17. Pursuant to the provisions of Legislative Decree 206/2005, the right of withdrawal is allowed only for products that cannot be deprived only of final consumers, that is, to natural persons acting outside their professional activity; the information relating to the right of withdrawal and the model withdrawal form for the case in which the consumer intends to exercise this right using the form is attached sub Annex 1. to these General Conditions of Sale.
18. It is the Customer’s responsibility to check the Product upon delivery and verify its compliance with what is shown in the Product Sheet; in the event that the packaging and / or the Products are damaged, the customer must proceed with the immediate dispute by placing a written control reserve on the courier’s document certifying the delivery, specifying the reason for the reservation, and giving simultaneous notice to the Company.
19. The legal guarantee of conformity provided for by art. 128 and following of Legislative Decree 6.9.2005 n.206 and for customers who do not qualify as Consumers the guarantees referred to in articles 1476 and following of the Italian Civil Code.
20. In the event that the delivered Product is actually flawed, the Customer must return it directly to the Company without tampering with or adulterating it, ensuring that it is returned in the best storage conditions so that it can be checked by the manufacturer; the Company will return the price, subject to confirmation by the manufacturer that it is really such.
21. Any communication sent in relation to these Conditions of Sale must be made by registered letter with return receipt to the following address: Corso Carlo Marx 130 Misterbianco, Catania, or by email where these General Conditions of Sale provide for it.
22. Complaints must be sent to the following email address info@tomarchio.eu or by registered letter with return receipt to the following address Corso Carlo Marx 130 Misterbianco, Catania.
23. The sales contract between the Customer and the Company is concluded in Italy and governed by Italian law.
24. In relations between the customer and the company, the parties can initiate extra-judicial settlement procedures for the settlement of disputes also electronically.

 

Attachments to the General Conditions of Sale

Information relating to the exercise of the right of withdrawal – pursuant to Article 49, paragraph 4, Legislative Decree no. 206/05

The Consumer has the right to withdraw from the contract, without indicating the reasons, within 14 days. The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods To exercise the right of withdrawal, the Consumer is required to inform the Company of his decision to withdraw from this contract by means of an explicit declaration sent by registered letter with return receipt.
To this end, you can use the model withdrawal form attached to this information, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Consumer to send the communication relating to the exercise of the right of withdrawal before the expiry of the right of withdrawal.
Effects of withdrawal: if the Consumer withdraws from a contract stipulated under these General Conditions of Sale, he will be reimbursed for all payments made to the Company, with the exception of delivery costs, without undue delay and in any case no later than 14 days from the day on which the Company is informed of the Consumer’s decision to withdraw from the contract stipulated with it. These refunds will be made using the same payment method used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, it will not incur any costs as a consequence of this reimbursement.
The reimbursement may be suspended until receipt of the goods or until the consumer demonstrates that he has returned the goods, whichever is the earlier.
The Consumer must return the goods or deliver them to the Company at the address of Corso Carlo Marx 130 Misterbianco, Catania, without undue delay and in any case within 14 days from the day on which the Consumer communicated his withdrawal from the contract stipulated with the Agency. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.
The direct costs of the return will be borne by the Consumer.
The Consumer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

 

Model withdrawal form – pursuant to Article 49, paragraph 1, lett. H) Legislative Decree 206/05 (fill in and return this form only if you wish to withdraw from the contract)

Street ________________________________________

Tel / Fax ____________________

Email ________________

I / we hereby notify the withdrawal from my / our sales contract of the following products: ___________________

Ordered on __________________ and received on _______________

 

NAME OF THE CONSUMER (S)

 

ADDRESS OF THE CONSUMER (S)

 

SIGNATURE OF THE CONSUMER (S)

 

DATE ______________________