General terms and conditions of sale

Foreword

The sale of “Torsoli” branded products (hereinafter, also only the “Products” or the “Product”) concluded at a distance through the website www.torsoli.it (hereinafter referred to as the “Site”) is governed by the following General Terms and Conditions of Sale (hereinafter, also only “GTC”). For the purposes of these General Terms and Conditions of Sale, the purchaser (hereinafter referred to as “the Purchaser”) and Torsoli S.r.l. are individually or jointly referred to respectively as the Party or Parties The Buyer represents and warrants that the purchase of the Products on the Site is not made in the performance of professional activity and is intended for personal use. The resale, rental or transfer for any commercial or professional purposes of Products purchased from the Site is therefore expressly prohibited. These General Terms and Conditions are published on the Site in order to allow the Buyer's knowledge of the terms and conditions under which the seller (hereinafter “Torsoli” or “the Seller”) carries out the sale and delivery of the Products ordered, as well as to define the rights and obligations of the Parties in relation to the sale of the Products by Torsoli. The GTCV are also intended to allow, by the Buyer, the storage and reproduction in accordance with Article 12, paragraph 3, of Legislative Decree 9 April 2003, n. 70 (“Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to electronic commerce”) and subsequent amendments and additions. The GTC apply, without limitation or condition whatsoever, to all sales of the Products offered by Torsoli on its Site, accessible through the Internet network at www.torsoli.it, which is also compatible for mobile devices. These General Terms and Conditions of Sale must be carefully reviewed by the Buyer prior to the completion of the procedure for purchasing Products and/or services through the Internet Site. The submission of a Purchase Order (hereinafter, also just “Order”) for one or more of the Products for sale on the Website implies full and unconditional acceptance by the Buyer of these General Terms and Conditions of Sale, as well as of the General Terms and Conditions of Use of the Website. Torsoli reserves the right to modify these GTC at any time. Therefore, the Buyer will be required to accept only the General Terms and Conditions in effect at the time the Order is placed. Any amendments and/or additions will be effective only in relation to Purchase Orders sent by the Buyer after the date of amendment and/or addition. These General Conditions of Sale can be viewed and downloaded at any time in the “General Conditions of Sale” section at the following link: https://torsoli.it/condizioni-generali-di-vendita

Seller information

The company Torsoli S.r.l. has its registered office in Alessandria (AL) - Via Palestro n. 24, tax code and vat number 02732530064 REA AL-311357, email e-shop@torsoli.it

Private information

Torsoli informs that it is possible to enter the Site www.torsoli.it without being a registered user and access the information, product sheets, basic price list and all those services that do not require personal data to be used. In order to proceed with the purchase, it is not necessary to create an account. the Buyer may proceed with the purchase of the Products as a “Guest”, providing only the data required for a correct registration of the Order by the servers of Torsoli and for a correct shipment of the same. For the processing of his personal data, the Buyer may refer to the provisions of the Privacy Policy and Cookie Policy section of the site.

Features and Availability of Products

Before sending the Order, the Buyer may view on the Site all the information referred to in Article 49 of Legislative Decree No. 206 of September 6, 2005 (“Consumer Code”) such as, purely by way of example and not limited to, information relating to the Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services he/she wishes to purchase and together with all other mandatory information required by Italian law. The Products offered on the Site comply with the Italian legislation in force at the time of the Order. Torsoli shall not be responsible for any non-compliance of the Products with the legislation of the country to which the Buyer wishes delivery to be made. The Buyer is therefore required to verify the methods of import and/or use of Products and services that he/she intends to order as well as their compliance with the legislation of the country of destination. Torsoli cannot guarantee that the information on the packaging of the Products will be translated into all languages of the European Union. However, this information will be available at least in Italian and English. For any information regarding the Products and their use, or for any additional questions or requests for advice, Buyer may contact Torsoli's customer service department at the following email address e-shop@torsoli.it The Buyer may select one or more of the Products available on the Site. Torsoli reserves the right to change the range of items offered on the Site and may limit, from time to time, the quantity of Products that the Buyer may order for each purchase session. Offers made by Torsoli are valid for as long as they are posted on the Site and within the limits of available stock. For Products not immediately available, offers posted on the Site will be valid subject to availability. In the event that, after the Order has been placed by the Buyer, there is a total or partial unavailability of the Product, the Buyer will be immediately informed by e-mail of the Product's unavailability and the total or partial cancellation of the Order. In the event that the Order initially transmitted had benefited from free shipping, this benefit would remain intact even in the event of partial cancellation of the Order due to the total or partial unavailability of the ordered Products.

Product prices

All prices of Products offered for sale on the Site are quoted and are in Euros and “VAT included.” Any change on the applicable VAT rate will automatically be reflected in the price of the Products. In any case, the prices of the Products offered for sale on the Site are applicable only in the context of distance selling via the Internet and may differ from the prices applied for retail sales at other places of sale. For each purchase, an Order will be issued, marked with a unique identification code, containing an indication of the date of submission to the system, details of the Products purchased, shipping charges, individual prices including VAT and the total cost summary including VAT. In any case, Torsoli will not make any changes to the price, availability, or description of any Product subsequent to the acquisition of the Order submitted by the Buyer. The prices of the Products do not include shipping costs, which vary depending on the address given for delivery of the Products as well as the total amount of the Order and are displayed before the Order is transmitted by the Buyer.

Payment methods

Several types of payment are provided

Credit, debit and prepaid cards

Card circuits accepted are: Visa, MasterCard, Maestro, American Express. The Total Amount will be charged at the time of the Order transmission. In order to ensure the security of payments made on the Site and prevent possible fraud, we use the secure payment service that involves the use of SSL security protocol. Confidential credit card information is encrypted and thus transmitted to the payment processor. Our Site never has access to and does not store the details of the credit card used to pay for the Products. All payment information is encrypted to ensure the highest degree of privacy. In the event of a return, refund or dispute of the Order, either by the Buyer, where eligible, or by the Buyer's Credit Institution, a refund or release of the amount collected will be arranged at the same time. Refund times, for some types of cards, depend solely on the banking system and cannot be attributable to Torsoli's business. Once the refund of the transaction has been made, under no circumstances can Torsoli be held liable for any damages, direct or indirect, caused by delay in the failure of the banking system to release the amount committed.

Paypal

Payment for the Products may be made through the use of PayPal. By choosing this payment method, the Buyer is redirected to www.paypal.it to log in and make payment for the Products according to the procedure provided for and governed by PayPal. The data entered on the PayPal site will be processed directly by PayPal and will not be transmitted or shared with our Site. Torsoli is therefore not able to know and does not store in any way the data of the credit card linked to the Buyer's PayPal account. The Total Amount Due will be charged at the time the Order is transmitted. In case of withdrawal from the Purchase Agreement and in any other case of refund, for any reason, the amount of the refund will be credited to the PayPal account. The crediting time depends solely on PayPal and the banking system.

Order shipment and delivery

Torsoli delivers to Italy, Europe and the rest of the world. Shipments are made by express courier.

Shipping to Italy

Shipments are made by express courier. The shipping cost in Italy is 8 euros. Orders are normally processed and entrusted to the courier as follows: if the ordered goods are already in stock, Orders placed by the Buyer by 10:00 a.m. will be processed and entrusted to the courier by the next day; if the ordered merchandise is already in stock, Orders transmitted by the Buyer after 10:00 a.m., will be processed and entrusted to the courier within two business days. Saturdays and Sundays will not be considered business days, so Orders sent on these two days will be considered sent on the first following business day, by 10:00 am. In the event that the ordered merchandise is not available, production time for the production of the ordered items will need to be considered. Depending on the availability of the items, updates will be communicated to the Buyer regarding the delivery time. In the event the order consists of items some of which are not in stock, the order will not be processed until all of the items ordered are available.Delivery times to the Buyer start from the moment Torsoli sends the e-mail confirming that the Products have been shipped to the Buyer and are normally 1-3 working days for deliveries of Products in Italy. For shipments to islands and inconvenient areas, example in the center of Venice, these times may be subject to a delay of 1-2 working days considered with respect to the Italian calendar. In case of delay in delivery of more than 14 (fourteen) working days, the Buyer will have the possibility to cancel his Order, within a maximum period of 30 (thirty) working days starting from the date of receipt of the Order confirmation e-mail, by sending an e-mail to e- shop@torsoli.it Only in the event that the delay in delivery is attributable solely to Torsoli and/or the carrier, the Buyer shall be entitled, in addition to cancellation of the Order as provided above, to reimbursement of any shipping costs incurred, provided that the entire Order is returned by the Buyer to Torsoli. Reimbursement of expenses will be made in the form indicated in the Returns and Exchanges section, within 14 (fourteen) business days from the date of receipt of the goods by Torsoli. In the event that the delay is not attributable to Torsoli or the carrier, the Buyer will not be able to claim either a refund of the sums paid by him or a new shipment of the Products ordered. In the event that the Order is not returned in its entirety and completeness, the Buyer will not be able to claim either a refund of the sums paid by him or a new shipment of the Products ordered.

Shipping to Europe and the rest of the world

Cores delivers to the following European countries: Austria, Belgium, Bulgaria, Czech Republic, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden. The cost of shipping to Europe is 19 euros. Shipping cost to North America is 39 euros. Shipping cost to South America is 75 euro. The shipping cost to Asia is 80 euros. Shipping cost to Oceania is 90 euro. Orders are normally processed and entrusted to the courier according to the methods inscribed above. The delivery time to the Buyer starts from the moment Torsoli sends the e-mail confirming the the the the the the the Products to the Buyer, and is normally 1-3 working days for deliveries of the Products in Europe, 2-7 working days for its deliveries to the rest of the world. In the event of a delay in delivery of more than 14 (fourteen) working days, the Buyer will have the opportunity to cancel his Order, within a maximum period of 30 (thirty) working days from the date of receipt of the Order confirmation e-mail, by sending an e-mail to e- shop@torsoli.it Only in the event that the delay in delivery is attributable solely to Torsoli and/or the carrier, Buyer shall be entitled, in addition to cancellation of the Order as provided above, to reimbursement of any shipping costs incurred, provided that the entire Order is returned by Buyer to Torsoli. Reimbursement of expenses will be made in the form indicated in the Returns and Exchanges section, within 14 (fourteen) business days from the date of receipt of the goods by Torsoli. In the event that the delay is not attributable to Torsoli or the carrier, the Buyer will not be able to claim either a refund of the sums paid by him or a new shipment of the Products ordered. In the event that the Order is not returned in its entirety and completeness, the Buyer may claim neither a refund of the sums paid by him, nor a new shipment of the Products ordered.

Non-compliance of purchased products

In the case of lack of conformity referred to in Art. 129 of the Consumer Code, the legal warranty referred to in Articles 130 and 132 of the same regulation will apply. The Buyer will therefore have the right to replacement/repair of the goods that do not conform to the Contract of Sale. In the event of receipt of Goods that do not conform to the Sales Contract, pursuant to Articles 129 et seq. of the Consumer Code, the Buyer shall forfeit any right if he does not report the lack of conformity to Torsoli within the term of 2 (two) months from the date of discovery, as provided for in Article 132, paragraph II of the Consumer Code. The report of the non-conformity must be made to Torsoli's Customer Service by sending an e-mail to e-shop@torsoli.it, according to the procedure set forth in the following paragraph “PROCEDURE IN CASE OF NON-CONFORMITY OF PRODUCTS OR MISSING PRODUCTS”. In any case, Torsoli shall not be held liable for conformity defects that become apparent after 2 (two) years from the delivery of the Product. An action seeking to enforce defects not fraudulently concealed by Seller shall be barred, in any event, within 26 (twenty-six) months from delivery of the Product(s). In any case, the Purchaser is required to report any defects in the packaging of the Products found at the time of delivery of the goods by the courier, by means of a note on the transport document, indicating that the goods are accepted with reserve. The Buyer shall also mention the packaging defect in the e-mail of complaint of conformity defects sent to Torsoli, according to the terms and procedures set forth above. In any case, unless proven otherwise, it shall be presumed that the conformity defects arising within six months of delivery of the Product(s) already existed on that date, unless such assumption is inconsistent with the nature of the Product or the nature of the conformity defect. In the event of a lack of conformity, the Customer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the Product, or a price reduction or termination of the Contract of Sale, unless the request is objectively impossible to satisfy, or is excessively burdensome for Torsoli pursuant to Article 130, paragraph 4° of the Consumer Code. Torsoli will indicate its willingness to comply with the request, or the reasons preventing it from doing so, within 7 (seven) working days of receipt thereof. In the same communication, where the Buyer's request has been accepted, Torsoli shall indicate the method of shipment or return of the Product(s) as well as the expected time frame for the return or replacement of the defective item.

Procedure in case of product nonconformity or missing products

The Buyer, or the recipient of the Order, shall report the non-conformity or lack of the ordered Products to Torsoli's Customer Service by sending an e-mail to e-shop@torsoli.it Torsoli's Customer Service may ask for information regarding the identity of the Buyer, or possibly the recipient of the Order, and perform any verification that may be useful. Torsoli Customer Service will indicate to the Buyer, or the recipient, the procedure to be followed to return the nonconforming Product, or to obtain the missing Products. Upon receipt of the Products, Torsoli will check the condition of the packaging and the Products. With respect to the Products, Torsoli will assess whether the Products are in fact nonconforming or missing. If such verification is positive, in accordance with the provisions of art.130 ss. of the Consumer Code, Torsoli will replace the non-conforming Product or send the quantities of the missing Products within 14 (fourteen) working days from Torsoli's receipt of the Products. The cost of shipping replacement or missing Products will be borne entirely by Torsoli. In the event that Torsoli is unable to proceed with the replacement or shipment of the missing Products within the aforesaid period, it will immediately notify the Purchaser at the e-mail address provided at the time of purchase and will reimburse the Purchaser for the cost of such Products within 14 (fourteen) business days from the date on which Torsoli receives the Products to be replaced or from the date of receipt by Torsoli of the e-mail of complaint, in the manner indicated in the “Returns” section. Torsoli will also reimburse Buyer for shipping costs, but only if Buyer provides proof of the cost incurred to return the Products. In the event that, after examination of the returned Products, Torsoli reasonably determines that the Products cannot be considered nonconforming, Buyer shall not be entitled to a refund and the Products shall be returned to Buyer with shipping charges to be borne solely by Buyer. Similarly, Buyer shall not be entitled to obtain the Products deemed missing from Buyer in the event that Torsoli verifies that the Order has been properly fulfilled.

Right of withdrawal

The Purchaser, pursuant to Article 52 of the Consumer Code, may exercise the right of withdrawal within a period of 14 (fourteen) working days from the delivery of the Products; instructions for the return of the Products following withdrawal can be consulted in the “Returns” section of the Site. In accordance with Article 59, paragraph 1, letter e) of the Consumer Code, for hygienic reasons, the right of withdrawal, may not be exercised by the Purchaser following the removal of the warranty seal and the opening of the Products.

Returns

Without prejudice to the exception referred to in the preceding paragraph “RIGHT OF WITHDRAWAL”, the Purchaser has the right to withdraw from the Contract of Sale without penalty. In order to exercise the right of withdrawal, the Buyer must send its request in the “Contact” section of the site within 14 (fourteen) working days starting from the delivery of the Products, specifying the following: First and Last Name A telephone number The identification number of the Order The item code of the item you wish to return The reasons for the return (*optional ) The return must be made by choosing the method of withdrawal by express courier, tracked shipping and inserting in the package the waybill sent by Torsoli. In order to obtain a refund of the amount paid for the purchase of the Products, the Purchaser must book the reshipment of the purchased Products, within 14 (fourteen) working days after sending the notice of withdrawal to Torsoli. The only costs to be borne by the Purchaser are those related to the return of the Product. The Buyer shall also bear the risks associated with the transportation of the returned goods. Torsoli reserves the right to refuse late exercised withdrawals, returns of Products shipped late or returns of Products that are not in the same original condition. The Purchaser agrees to store and keep with the utmost care and diligence the Products received and for which he intends to exercise the right of withdrawal, keeping them intact together with the original packaging. Torsoli once received the goods in accordance with the above and carried out the necessary verifications, will proceed to refund the Purchaser Within 14 (fourteen) working days from the receipt of the Products Torsoli will refund in the following ways: If payment for the returned Products was originally made by credit card, debit card, prepaid card or Paypal, the refund of the amount paid will be made through the re-credit procedures provided in the Terms and Conditions of Security of the service used for the purchase transaction.

Responsabilities

Torsoli S.r.l. will be responsible for the violations of the Italian consumer protection laws, as its D.Lgs. 206/2005 (Consumer Code), that the same the Purchaser may be charged with. In any case, Torsoli S.r.l. shall in no way be liable for any breach of the present General Conditions of Sale, even if the breach is foreseeable, attributable to the act of a third party, the fault of the Buyer, the occurrence of an event of force majeure, fort its occurrence or any other event that is not directly its fault or gross negligence. Torsoli S.r.l. also disclaim the responsibility for direct and indirect damages, whether foreseeable or not, consequential and/or related to the use of the Website and/or from the purchase of the Products by the Buyer.

Buyer obligations

The Purchaser declares that he/she has full capacity to act and enter into a contract for the purchase of Products on the Website according to these General Terms and Conditions of Sale. In no event shall Torsoli S.r.l. be required to verify the capacity to act of visitors and Buyers to the Site. The Buyer also guarantees, assuming all responsibility and holding Torsoli harmless from any prejudicial consequence, that its data, provided upon acceptance of these General Terms and Conditions, are true and allow to identify the true identity of the Customer itself, who also undertakes to immediately inform Torsoli, in writing, including by e-mail, of any change in the data provided. The Buyer is also informed of the need to communicate to Torsoli a valid e-mail address in order to allow the Seller to forward Order confirmations and any other communication.

Site content and intellectual property rights

The contents of the Website, such as, but not limited to, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on the Website, including menus, web pages, graphics colors, patterns, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software, are protected by copyright and all other intellectual property rights of Torsoli and other rights holders. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the images, contents of the Site is prohibited unless previously authorized in writing by Torsoli. Any use of the contents of the Site for commercial and/or advertising purposes is also prohibited. All other distinctive signs that distinguish the Products sold on the Site are registered trademarks of their respective owners and are used by Torsoli under license, that is, as owner. Any further use of the distinctive signs mentioned above as unauthorized is prohibited. In no way is it permitted to use any of the distinctive signs on the Site to take unfair advantage of the distinctive character or renown of these or in such a way as to prejudice them and their owners. Under no circumstances may the user alter, change, modify or adapt the Site, nor the material made available by Torsoli.

Waiver

The circumstance that one of the Parties does not assert against the other a breach of any of the obligations contained in these GTC shall not be construed as a waiver of its right to obtain performance of the obligation in question in the future.

Applicable law

For all Torsoli's e-commerce services, the law of the Italian State shall apply exclusively, regardless of where the Order is purchased or shipped. Any dispute relating to the existence, interpretation, execution or termination of these GTC and/or the contract concluded between the Buyer and Torsoli, will be devolved, in the absence of a settlement, to the exclusive jurisdiction of the competent Courts based on the place of residence or domicile of the Buyer.

European Commission dispute resolution platform.

The Buyer may attempt to settle out of court any dispute relating to the existence, interpretation, performance or termination of these GTC and/or the contract concluded between the Buyer and Torsoli by accessing the European Commission's online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr. The contact email to be provided within the aforementioned platform is e-shop@torsoli.it This is without prejudice to Torsoli's right not to adhere to dispute resolution through the aforementioned body.