General conditions of Sale
Date of publication: 06/09/2018
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This document (General Conditions of Sale) defines the conditions applicable to sales concluded remotely via the website tulipanoshoes.it (hereinafter, "Site") between the company società T.L.P. soc. coop. a.r.l (hereinafter referred to as "T.L.P.") and the purchaser of the Products qualifiable as a consumer (ie the only physical person acting for purposes unrelated to the business, commercial, craft or professional activity carried out, hereinafter, "Customer") .
1. Seller Information
The products purchased through the site tulipanoshoes.it are sold by the company:
T.L.P. soc. coop. a.r.l.
Via Emanuele Gianturco 92
80146 Napoli, Italia
C.F. e P. IVA 071182781216
Numero REA NA – 866408
2. General provisions
2.1. The language available to the Customer to conclude the contract through the Website is Italian.
2.2. The Customer is obliged to carefully read the General Conditions of Sale that T.L.P. makes available to him on the Site, in order to allow him to know, memorize and reproduce it.
2.3. Each order requires full acceptance of these General Conditions of Sale. By sending the order, therefore, the Customer declares to have read the General Conditions of Sale available on the Site and to accept them in full.
2.4. These General Conditions of Sale are drafted in Italian and are applicable only to Sales Contracts concluded through the Site by Customers who reside and indicate a delivery address in the Italian territory. In these General Conditions of Sale, the Republic of San Marino, the Vatican City and the Swiss Confederation are excluded from the Italian territory.
2.5. The site can be accessed from all over the world.
2.6. The purchase of the Products is destined exclusively to subjects qualifying as consumers or only physical persons acting for purposes unrelated to the entrepreneurial, commercial, craft or professional activity they may perform.
2.7. In order to make purchases via the Site, the Customer must have the age of majority (18 years) and the ability to act, which the Customer declares to possess.
2.8. Any costs for the connection via the Internet to the Website, including the telephone ones, according to the rates applied by the operator selected by the Customer, are the sole responsibility of the Customer.
3. Products: information and availability
3.1. The presentation of the Products on the Site does not constitute an offer to the public, but only an invitation to the Customer to formulate a contract purchase proposal.
3.2. The information relating to the Products is shown on the Website, for each Product, through textual and photographic contents.
3.3. The photographic contents have the sole purpose of presenting the Products for sale. Since the color aspects may not represent the real product with absolute fidelity, also due to the browser or monitor used by the customer, T.L.P. , for these aspects, does not guarantee the absolute coincidence between the image on the Site and the Product real.
3.4. The Products are sold with the characteristics presented on the Site at the time of sending the order by the Customer.
3.5. The availability or non-availability of the Products is indicated on the Website, for each Product. The sale of the Products is subject to availability on the Site, and it will not be possible to proceed with the purchase of Products presented as not available on the Site. T.L.P. does not assume the responsibility of having to search for and retrieve non-available Products from other sources.
3.6. If, for any reason, the Products already ordered by the customer turn out to be unavailable for sale, the T.L.P. will promptly notify the Customer and reimburse, in favor of the Customer, any sum already paid, and will not subsist for T.L.P., the obligation to deliver the ordered goods.
3.7. T.L.P. reserves the right to change the information relating to each Product, the assortment of Products on the Site and their availability at any time and without notice.
4.1. The order sent by the Customer has the value of a contract proposal and entails the full and unreserved acceptance and understanding of the General Sales Conditions in force at the time of the order.
4.2. The T.L.P. reserves the right to modify these General Terms of Sale at any time, at its sole discretion and without notice. Any changes made will be considered valid from the date of publication of the document on the Site and will be applied exclusively to orders placed after that date.
4.3. In order to proceed with the purchase of the desired Products, available on the Site and available for sale, the Customer must enter the Products of interest in the virtual shopping cart. The Customer may subsequently choose to complete the purchase of the Products in the virtual shopping cart as a guest or registered customer.
4.4. On the occasion of the first purchase (guest customer), the Customer must provide his / her data to complete the order and the sales contract, and, during the purchase procedure, will have the possibility to register himself thus creating a personal account for the Site.
4.5. In the case of purchase as a registered customer, the Customer will log in to the Site with his own credentials, before completing the purchase procedure.
4.6. In order to proceed with the purchase The Customer must access the detail page of each product he intends to purchase, by clicking on the product image on the Product Listing pages, or on a link that leads to the product detail page. If you intend to purchase the product, the customer must select the desired size for the product and enter the product of interest in the virtual shopping cart by clicking on the "ADD TO CART" button on the product detail page.
4.7. After adding each product to the virtual shopping cart, the customer will have the opportunity to continue shopping, displaying other products and possibly adding them to the cart, or proceed with the checkout or complete the purchase process.
4.8. If the Customer chooses to proceed with the checkout, he will reach a summary page of the contents of the virtual shopping cart for which he is about to purchase. Here you can change the purchase quantities for the items in the cart, or remove some items from the cart. The customer can also view the total price of the items in the cart, net of any costs due to shipping or payment method chosen, which will be highlighted to the customer after he has chosen the shipping options and payment method.
4.9. The checkout procedure is divided into the following phases:
• Entry of personal information, with the possibility of ordering as a guest or access as a registered user, if you have previously registered for the Site. By purchasing as a guest, you can choose to create an account.
• Entering shipping and billing addresses. The Customer will have to enter the information regarding the shipping and billing address here.
• Choice of shipping method. The customer can here choose the shipping method desired, among those listed.
• Payment. The customer can then choose the payment method desired, among those listed.
• The customer can then proceed with the payment, finalizing the order, which will be forwarded to the company T.L.P.
5.1. The prices of the Products are expressed in Euro and are inclusive of all applicable taxes and / or taxes (including VAT), excluding any shipping and handling costs, which will be highlighted on the order confirmation page, before of the definitive forwarding of the same by the Customer to T.L.P.
5.2. The customer is required to pay Hong Li the total amount shown on the order confirmation page. The total amount of the order, including the price of the Products and any additional costs (such as shipping and cash on delivery), must be paid for in its entirety in a single solution, using the payment methods made available to the Customer from T.L.P.
5.3. The price of sale of the Products is the price in effect at the time of the order on the Site.
5.4. T.L.P. reserves the right to change the prices of the Products and the handling and shipping costs at any time and without notice.
5.5. T.L.P. constantly checks that the prices shown on the Website are correct. However, due to technical problems not immediately detected, it may occur that the price quoted for one or more items is clearly lower than the price normally applied, also net of any discounts and / or promotions in force.
5.6. If the Customer finds that the price of one or more of the Products available for purchase is clearly lower than the one normally applied, even net of any discounts and / or promotions in force, please do not complete the order procedure for the afore mentioned Products and to promptly report the anomaly with an email to the email address . If the Customer nevertheless completes the order procedure, La T.L.P. reserves the right to cancel the order, proceeding to promptly notify the Customer and to reimburse, in favor of the same, any amount already paid. In this case, for Hong Li, there will be no obligation to deliver the ordered goods.
6. Shipping and delivery
6.1. The expected delivery methods are:
• Express Courier delivery and home delivery;
• Delivery to a Tulipano shop point chosen by the Customer, where the Customer can pick up the Product when available (hereinafter, "Click & Collect"). This mode of delivery is available exclusively for registered users.
6.2. If the shipping method chosen by the Customer is sent via Express Courier, T.L.P. will still execute orders whose delivery has been requested outside the Italian territory or in the municipalities of Livigno or Campione d'Italia. The costs of shipping will be those displayed accordingly and deemed accepted by the customer in case of order confirmation. In no case will deliveries to post office boxes be made.
6.3. If the shipping method chosen by the Customer is sent via Express Courier, the order will be delivered with an express courier chosen by T.L.P.
6.4. Shipping via Corriere Espresso is free for orders over 100.00 (one hundred) euros. For orders of a lower amount, shipping will cost 6.00 (six) euros. Up to 5.00 (five) euros can be added to the shipping cost for deliveries requested in smaller or specific islands. These surcharges will be indicated to the Customer on the order confirmation page, before the final delivery of the same by the Customer to T.L.P.
6.5. The customer will receive a text message or an e-mail from the courier at the time of relying the shipment, reporting the date and time of delivery scheduled and the code that will allow the customer to track the progress of the shipment.
6.6. The "Click & collect" delivery method is only available for registered users. If the Customer chooses the "Click & collect" delivery method, there will be no shipping costs charged to the Customer. The customer will be informed, by e-mail or at their mobile number, of the arrival date of the items ordered at the Tulipano store he choose for collection. From that date the Customer will have 10 (ten) working days to collect the order, during opening hours of the point of sale. If the Customer does not provide for the withdrawal of the order within the afore mentioned term, T.L.P. will inform the Customer without delay, by e-mail or at his cell phone number, that in case the withdrawal does not take place within the following five working days. T.L.P. will no longer be obliged to deliver and will be able to hold out definitively as it may already be collected. The Customer acknowledges that the withdrawal of the Product is his obligation deriving from the Contract of Sale and therefore in case of failure to withdraw the order within the afore mentioned term, the contract will be terminated by right without any communication from the T.L.P.. In no case the failure to withdraw the order within the afore mentioned term can be understood as an implicit declaration of the Customer's will to exercise the right of withdrawal.
6.7. The indicative and non-binding delivery times for the two shipping methods provided, except for unforeseen events, are:
• Express Courier: one or two working days throughout the national territory (for the smaller islands, two additional working days are foreseen).
• Click & collect: up to a maximum of ten days.
6.8. All working days are understood to be between Monday and Friday, inclusive, with the exception of Saturday and Sunday and of any mid-week holidays.
6.9. T.L.P. undertakes to do its best in order to comply with the delivery times indicated on the Site and, in any case, to deliver the delivery within a maximum time of 30 (thirty) days starting from the day following the one in to which the Customer has transmitted the order.
7.1. The Customer can choose between the following payment methods:
• Credit card (Visa and MasterCard circuits)
• Cash on delivery
7.2. In case of payment by credit card, the customer will be transferred to a site protected with SSLe technology. The credit card details will be communicated directly to PayPal, which deals with electronic payments on behalf of T.L.P. .The transmission of such data will be through encrypted transmission protocols with 128-bit SSL (SecureSocketLayer) system, and such data will not be accessible to Hong Li. The amount will be debited when the order is processed. To ensure the highest level of security and minimize the risk of access by third parties to the customer's bank account, the customer will be required to enter for each new order the number of their credit card, if this is the payment system chosen.
7.3. In case of payment via PayPal, the Customer will be transferred to the payment page prepared by PayPal, where, using the credentials of his PayPal account, he can complete the payment process. The transmission of the credentials of the customer will be through encrypted transmission protocols with SSL (Secure Socket Layer) 128-bit system, directly on the page prepared by PayPal, and such data will not be accessible to T.L.P.. The amount will be debited when the order is processed.
7.4. Payment by Cash on Delivery is only possible if the Customer chooses shipping via Express Courier and home delivery and entails an additional cost of 5.00 euros (five), and is allowed for orders up to 500.00 (five hundred euros) T.L.P. reserves the right not to accept the payment as a method of payment for those Clients with whom a payment dispute has taken place.The Cash on Delivery payment can only be made in cash: any other means of payment will not be accepted.The payment will be made to the Courier at the time of delivery of the order.It is recommended to the customer to prepare the correct amount for payment to the Courier at the time of delivery, as the same can not guarantee the availability of the exact rest.
7.5. In the event that the fulfillment of the order by T.L.P. is not possible due to the unavailability of the chosen Products, the order will be canceled and the amount of the order, if already paid, will be reimbursed to the Customer. In the event that the debit of the amounts due by the Customer is not possible, for whatever reason, the purchase process will be canceled and the order canceled. The Products will remain the property of T.L.P. until the full payment of the order by T.L.P., which must take place within 7 (seven) days from the date of the order confirmation.
7.6 T.L.P. reserves the right to request different payment methods for certain orders from those indicated in paragraph 7.1 above.
7.7. The Customer agrees to receive the receipt for the purchase made exclusively in electronic format.
7.8. The Customer may request the issue of the tax invoice exclusively during the order process, subsequently inserting, where required, his VAT number or his Tax Code. It will not be possible to request an invoice after completing the order.
8. Right of withdrawal
8.1. Pursuant to art. 49 of Legislative Decree 6 September 2005 n. 206 (Consumer Code), it is reported to follow the information on the withdrawal.
The Customer has the right to withdraw from the contract, without indicating the reasons, within 20 days.
The withdrawal period expires after 20 days starting from the day on which the Customer or a third party, different from the carrier and designated by the Customer, acquires physical possession of the good or the last good, if the Products ordered by the Customer were sent with different shipments.
To exercise the right of withdrawal, the Customer is obliged to inform T.L.P. of his decision to withdraw from this contract through an explicit declaration (for example, registered letter a.r., fax or e-mail). The Customer has the right to use the "type" withdrawal form reported in these "General Conditions of Sale" in point 8.2. For registered customers, you can use the return procedure available in the "History and order details" section of your account, described in point 8.3. The forms duly completed must be sent to the e-mail address firstname.lastname@example.org. The Customer can also send any other explicit declaration of withdrawal, different from the forms, to the same e-mail address. In the event that the Customer chooses the electronic mode of sending the declaration of withdrawal, the T.L.P. will send the Customer without delay on a durable medium (for example by email) confirmation of receipt of the declaration of withdrawal.
To comply with the withdrawal deadline, it is sufficient that the Customer sends the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
If the Customer withdraws from this contract, all the payments made to T.L.P., including delivery costs, will be reimbursed to the Customer without undue delay and in any case no later than 14 days from the day on which T.L.P. will be informed of the Customer's decision to withdraw from this contract. If for the initial transaction the customer has chosen to pay by credit card or via PayPal, the refund will be made using the same means of payment. In the event that the Customer has chosen to make the payment in Cash on delivery, the refund will be made by crediting the customer's bank account using the data that the Customer is required to communicate to T.L.P. together with the declaration of withdrawal. In any case, the Customer will not incur any costs as a consequence of such reimbursement.
The refund can be suspended until receipt of the goods.
The Customer must return the goods or deliver them to T.L.P., without undue delay and in any case within 14 days from the day on which he has notified T.L.P. of his withdrawal from this contract. The deadline is met if the customer sends back the goods before the expiry of the 14-day period.
The direct costs of returning the goods will be charged to the customer.
The Customer is only responsible for the diminished 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.
8.2. Pursuant to art. 54 of Legislative Decree 6 September 2005 n. 206, it is reported to follow the standard form of withdrawal, which the Customer can use to inform T.L.P. about the desire to exercise the right of withdrawal, as an alternative to any other explicit declaration or to the form in point 8.3.
To the kind attention of T.L.P. footwear s.r.l. unipersonale, Via Emanuele Gianturco 92, 80146 Naples
Herewith I / we (*) notify the withdrawal from my / our (*) contract concluded for the purchase of the following goods / services (*):
Ordered (*) / received on (*):
Name of the buyer (s):
Buyer address (s):
(*) Delete the wording useless
8.3. The registered Customer may communicate his / her wish to exercise the right of withdrawal by accessing the "ORDERS" section of his / her account and subsequently clicking on the "details" link next to the order which includes the article (or articles) for the which (or which) wishes to exercise the right of withdrawal. If the order has already been delivered, the Customer will be able to indicate with a check-mark for which Products he wishes to exercise the right of withdrawal, and, if the Product was purchased in greater quantity than one unit, he can indicate how many units of Product return. The Customer will then indicate a reason for the return and the manner in which he wishes to return the products. For orders paid with cash on delivery, the Customer will be required to indicate the number of a current account at which to receive a refund. T.L.P. will send the Customer without delay on a durable medium (for example by e-mail) confirmation of receipt of the declaration of withdrawal.
8.4. Before returning the goods, the Customer must wait for the return authorization form to be sent by T.L.P. via e-mail following receipt of the declaration of intention to exercise the right of withdrawal by the Customer, if communicated within the time limits and in the manner described in points 8.1, 8.2 and 8.3. It will not be accepted in any way the communication of the desire to exercise the right of withdrawal made by the customer directly in a store, or the request for return of goods at a point of sale by the customer without the return authorization form.
8.5. For the return of goods subject to the right of withdrawal, the customer can choose to:
• Send the Product with a service chosen by the Customer;
• Use the express courier pick-up service commissioned by T.L.P., at the cost of the Customer.
• Return the goods to a Tulip store. This mode is available only for registered users who have purchased products to be registered users.
8.6. If the Customer chooses to return the goods using a shipping service of their choice, the Customer must include the return authorization form received from T.L.P. inside the package. Shipping costs will be charged to the customer and T.L.P. will not be reimbursed. T.L.P. advises you to choose a shipping service that allows you to track the progress of the shipment.
8.7. If the Customer chooses to return the goods using the express delivery service commissioned by T.L.P., the Customer must include the return authorization form received from T.L.P. inside the package. Shipping costs are charged to the customer, and the cost of the service, equal to 6.00 (six) euros, will be deducted from the sum refunded to the customer.
8.8. If the Customer chooses to return the goods to a Tulipano store, the Customer must go to the store with the footwear contained in the original box and with the return authorization form received from T.L.P.. In this case the customer will not have to pay any shipping costs. This mode is only available to registered users who have purchased products as registered users.
8.9. Regardless of the method of returning the goods chosen by the Customer, the refund will be made using the same means of payment used by the Customer for the initial transaction. In the case of payments made by cash on delivery, the refund will be made to the current account that the Customer will indicate to T.L.P.
8.10. It will not be possible to change the purchased goods. In the event that the customer wants to change goods, he must return the purchased product as written in the previous paragraphs, and proceed with a new order.
8.11. The Products returned using the right of withdrawal must be new, in excellent condition, and must only have been tested, so no signs of wear or dirty. The Products must be returned inside the original shoe boxes, equipped with all the accessories, instructions for use and labels. In case of return of the Products by shipment, the Products must then be placed in a suitable packaging box, together with the transport document present in the original packaging. For this purpose the box used for the delivery of the Products can be used, taking care to remove or obscure any label or material concerning the previous shipment.
8.12. If the returned Products do not comply with what is prescribed or if the terms and conditions for exercising the right of withdrawal are not respected, the withdrawal will not be effective. In this case the Customer will not be entitled to reimbursement of the sums already paid. The Customer may, at his own expense, recover the Products in the state in which they were delivered to T.L.P.
8.13. The acceptance or non-acceptance of the returned Products will be reported to the Customer by email.
8.14. T.L.P. is not responsible for refunds for Products shipped but not received by Hong Li due to loss, theft or damage or other causes not attributable to T.L.P.
9. Legal guarantee of conformity
9.1. The Products of the Consumer Code concerning the legal guarantee of conformity and commercial guarantees apply to Products purchased through the Website.
9.2. The legal guarantee of conformity will apply to Products that show conformity defects not found at the time of purchase and which occur within the term of 2 (two) years from the delivery of the Product
9.3. The warranty concerns only the presence of defects of non-conformity of the Product. No warranty is applied in the event of damage to the Product arising from the Customer's negligence or from use and / or washing of the Product not compliant with the Product's own and / or the instructions provided by T.L.P. and / or reported in the documentation attached to the Product, in tags, labels or in its packaging.
9.4. In order to make use of the warranty, the Customer must report to T.L.P. the lack of conformity no later than two months from the date on which he discovered the defect, by sending an email to email@example.com containing:
• Your personal data;
• The indication of the order number;
• The indication of the defect and / or non-conformity found;
• At least 1 photograph of the product that highlights the non-compliance found.
9.5. If T.L.P. deems to authorize the return of the Product, only for cases of goods that are bankrupt or not in compliance with the order, the return will be made by express courier at the expense of T.L.P.. After receiving the goods and having carried out the quality checks, if the non-conformity of the Product is found, the T.L.P. will proceed to the reimbursement using the same means of payment used by the Customer at the time of purchase of the Product. In the case of payments made by cash on delivery, the refund will be made to the current account that the Customer will indicate to T.L.P.
10.1 T.L.P. can not be held responsible for the non-execution of the order within the foreseen time frame, or for the non-execution of the Sale Contract, in the event that the same are due to accident or due to force majeure or for any reason however not attributable to T.L.P.
10.2. T.L.P. can not be held responsible for any inconvenience or damage resulting from the use of the Internet or the bad or intensive use of the items sold on the Website.
11. Applicable law
11.1. These General Terms and Conditions of Sale are governed by Italian law, and the contracts are intended to be perfected in Italy.
11.2. The regulatory framework governing e-commerce contracts consists of the following standards:
• Directive n. 2000/31 / EC;
• Legislative Decree n. 70/2003;
• Directive n. 2011/83 / EU;
• Legislative Decree n. 21/2014.
11.3. All disputes concerning Consumers will be subject to the jurisdiction of the Judge of the Consumer's place of residence.
12. Intellectual Property
12.1. The trademarks, names, textual and graphic contents, illustrations and images reproduced on the Website can not be used except in an exclusively private sphere. Any total or partial reproduction of the Site is strictly prohibited, and access to the Site or the purchase of the Products does not give rise to any right on the contents and trademarks reproduced on the Website itself.
13. Processing of personal data
13.1. For the execution of the contract, the provision by the Customer of some personal data is mandatory. The Customer declares and guarantees that the data provided to T.L.P. during the purchase and / or registration process are correct and true. Failure, partial or inexact conferment of customer data to T.L.P. may result in the inability to perform the contract.
13.2. T.L.P. guarantees the processing of personal data of the Customer in accordance with and in compliance with Legislative Decree no. 196/2003 (Privacy Code), and ensures to adopt specific security measures to prevent the loss of data and / or their illicit and / or unlawful use. The data provided by the Customer will be registered by T.L.P. and used to execute the contract and, subject to their consent, for any further activities, as indicated in the privacy notice provided to the Customer through the Site at the time of registration.
14.1. For questions and clarifications related to the Site, the General Conditions of Sale, the online purchase, the status of an order, the return of Products or refunds, the Customer can contact Tulipanoshoes Customer Service at the e-mail info@tulipanoshoes .it