1. Object and scope
1.1 These General Terms and Conditions of Sale apply to the purchase of products made through the e-commerce site turimeraviglia.it (hereinafter respectively “Product” or “Products” and the “Site”) by users who qualify as “Consumers” pursuant to the following article 1.4. The Site is owned by Turi Meraviglia, with registered office in via Roma 14 96100 Siracusa
These General Terms and Conditions of Sale must be carefully examined by the Customer before completing the remote purchase procedure of the Products. It is understood that placing the purchase order through the turimeraviglia.it site implies total and absolute knowledge of these general conditions of sale and their full acceptance: the Customer, by placing the purchase order through the site and by releasing a specific tick at that stage, he accepts unconditionally and undertakes to observe, in his dealings with Scarpe & Shoes, these general conditions of sale, as well as the payment conditions illustrated below, declaring to have read and accepted all the information provided to him. These general conditions of sale are to be considered applicable and in force as long as they are published on the turimeraviglia.it website. Any changes to these general conditions of sale will be published on the site and the new general conditions of sale will be applicable exclusively to orders placed starting from the day of their publication. Each purchase is governed by the general conditions of sale in the version that will be published on the Site at the time the order is sent by the Consumer.
1.2. Parties – Turi Meraviglia is the owner of the rights to the name and domain of the Site, as well as the copyright on the contents of the Site and operates as a Seller (hereinafter “Seller”); the person who purchases one or more Products acts as a buyer (hereinafter “Consumer”). Seller and Consumer will hereinafter be collectively referred to as the “Parties”.
1.3. Communications – Any communication from the Consumer connected and/or related to the purchase of the Products – including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address: turi@turimeraviglia.it.
1.4. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers.
Considered as a Consumer (who can therefore make use of the legal protections provided by law) is the person who acts, by stipulating a contract, for purposes unrelated to his/her possible entrepreneurial or commercial activity , artisanal or professional: otherwise, i.e. if the subject acts in the exercise of his own entrepreneurial activity etc., the subject will be considered by law to be a “professional”. Persons who are not Consumers are invited not to execute purchase orders.
1.5. At the same time as transmitting the purchase order, the Consumer accepts that confirmation of the information relating to the order placed will be sent via e-mail to the address declared by the Consumer during registration on the Site or during the purchase process.
1.6. Age – To be able to make purchases through the Site, the Consumer must be of age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.7. Additional costs – Any costs for the Internet connection to the Site, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.
2. Product characteristics and their availability in the different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Consumer, to the exclusion of any other condition or term.
2.2. The prices, the Products on sale on the Site and/or their characteristics are or subject to change without notice. Before sending the purchase order pursuant to point 3 below, the Consumer is invited to check the final sales price.
2.3 The Site can be accessed from around the world.
3. Methods of purchasing the Products – Completion of each individual purchase contract
3.1. The presentation of the Products on the Site represents a mere invitation to the Consumer to formulate a contractual purchase proposal and not an offer to the public.
3.2. The purchase order transmitted by the Consumer to the Seller via the Site has the value of a contractual proposal and is governed by these general conditions of sale, which constitute an integral part of the order itself and which the Consumer, by transmitting the order to the Seller specifically checked, accept it in full and without any reservations. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to read these general conditions of sale. Furthermore, the Consumer will be asked to identify and correct any errors in entering their data.
3.3. The Consumer’s purchase order is accepted by the Seller by sending it to the Consumer, to the email address declared by the latter to the Seller when registering on the Site or transmitting the order if the Consumer is not registered on the Site , of an order confirmation email, containing the summary of the order placed and the description of the characteristics of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the General Terms and Conditions of Sale applicable to the relationship between the Parties will be stored electronically by the Seller in its IT systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at turi@turimeraviglia.it.
3.4. Each purchase contract for the Products is considered concluded when the Consumer receives the order confirmation from the Seller via e-mail.
4. Product selection and purchase procedure
4.1. The Products presented on the Site can be purchased by selecting the Products of interest to the Consumer and placing them in the appropriate virtual shopping cart. Once the selection of the Products has been completed, to purchase the Products included in the cart, the Consumer will be invited to (i) register on the Site, providing the requested data, or (ii) to log in, if the Consumer is already registered or (iii) to provide your data in order to complete the order and allow the completion of the contract. If the data indicated in the order are different from those provided during registration on the Site, the Consumer will be asked to confirm their data (by way of example but not limited to: name, surname, etc.), as well as the address where to deliver the selected Products, the billing address and, optionally, a telephone number where you can contact for any communications relating to the purchase made. The Consumer will see a summary of the order to be placed, the contents of which he will be able to modify: therefore, the Consumer, after careful reading, must expressly approve these General Terms and Conditions of sale, by ticking the appropriate check-box ) present on the Site and finally, through the “Proceed” button, the Consumer will be asked to confirm his order, which will thus be definitively sent to the Seller and will produce the effects described in the previous paragraph. 3.2. of this contract. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer decides to use the immediate payment method (at the same time as the purchase) by credit card or PayPal, he or she will be required to communicate the relevant relevant data via a secure connection. For accounting and administrative needs, the Seller reserves the right to verify the details indicated by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively when the order confirmation is sent from the Seller to the Consumer.
4.2. If during the Product selection procedure on the Site referred to in the previous point 4.1, the Consumer detects that the price of one or more of the Products that you intend to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to an evident technical problem that occurred on the Site, please do not complete your purchase order and report the aforementioned technical error to the Seller’s Customer Service by sending an email to the email address turi@turimeraviglia.it.
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than that normally applied, net of any discounts and/or promotions in force at that time, due to of an obvious technical problem that occurred on the Site:
(a) if the Consumer has not yet received the Product, the Seller will (i) cancel the order, the delivery of which will therefore not be carried out, simultaneously sending a communication in this regard via e-mail, to the e-mail address indicated by the Consumer when transmitting the order and (ii) reimburse the Consumer for the payments made by the same in relation to the canceled order, including costs of delivery, without undue delay and, in any case, no later than 30 days from cancellation of the order, using the same payment method used by the Consumer for the initial transaction;
(b) if the Consumer has received the Product, the Seller will promptly inform the Consumer via e-mail of the error that occurred in the process of completing his order, offering to the same, alternatively, to (i) pay to the Seller, no later than the following 5 (five) days, using one of the payment methods available on the Site, the amount corresponding to the difference between the correct price of the Product and the incorrect price resulting from the purchase order, or (ii) cancel your order, following the instructions contained in the same communication and returning the Product to the Seller, at the latter’s expense, no later than the following 30 (thirty ) days, free of damage, complete with all its elements and accessories (including unaltered labels and tags attached to the product), accompanied by the attached instructions/notes/manuals, the original packaging and packaging and the warranty certificate and accompanied from the return form, duly completed, which will be attached to the e-mail sent by the Seller. In the event that the Consumer has chosen the option referred to in the previous point (b) (ii), the Seller will reimburse the Consumer for the payments made by him/her in relation to the canceled order, including delivery costs, without undue delay and, in any case, no later than 30 days from cancellation of the order, using the same payment method used by the Consumer for the initial transaction.
5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to respect the delivery times indicated on the Site and, in any case, to carry out delivery in a maximum period of 30 (thirty) days starting from the day following the day on which the Consumer sent the order. In the event of unavailability, even temporarily, of the Product, the Seller will provide a communication to the Consumer and will only charge the price of the available Products.
5.3. The shipment of the Products ordered by the Consumer will take place in the method selected by the Consumer, among those available and indicated on the Site at the time the order is sent. The Consumer undertakes to promptly and in the shortest possible period check that the delivery includes all and only the products purchased and to promptly inform the Seller of any possible defects in the products received or their discrepancies compared to the order placed, according to the procedure referred to in the following art. 8 of these general conditions of sale, otherwise the products will be considered accepted. Should the packaging or wrapping of the products ordered by the Consumer reach their destination clearly damaged, the Consumer is invited to refuse delivery by the carrier/shipper or to accept delivery “with reservation”.
The Consume the seller, after receiving an email from the Seller with “Product collection confirmation”, will have to go to the point of sale selected when sending the order to collect the Product(s) ordered with a copy of the e-mail Confirmation email for collection of your order, the invoice received (where requested) with a dedicated email and your valid identity document. If the Consumer does not collect the Product(s) covered by his/her purchase order within 20 (twenty) days following receipt of the aforementioned “Product collection confirmation” email, the Seller will activate the cancellation procedure. order, and will refund the Consumer the relevant amount paid no later than 14 (fourteen) days later, using the same payment method selected by the Consumer for the initial transaction. In the event of cancellation of the order, the Seller will have the right to sell the Products covered by the canceled order to third parties.
6. Prices, shipping costs, duties and taxes
6.1. The price of the Products is that indicated on the Site at the time the order is sent by the Consumer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs which are calculated before the order confirmation sent by the Seller to the Consumer and which the same The Consumer undertakes to pay the Seller in addition to the price indicated on the Site.
6.2. The Consumer must pay the Seller the total price and shipping costs, as reported in the order and in the order confirmation sent via e-mail from the Seller to the Consumer.
7. Payments
7.1. Payment of the price of the Products purchased through the Site must be made at the time the order is placed with consequent order confirmation from the Seller to the Consumer. The Consumer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product(s) is credited to the Seller’s current account.
7.2. Payment can be made by credit card, via PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. For payment purposes, the Customer must:
– in case of payment by credit card, confirm through the site the details of the holder of the credit card used for the purchase; then communicate the 16-digit number and expiration date, as well as the related security code, on the site itself;
– in case of payment via PayPal account, enter your access details in the appropriate space on the PayPal page to which you will be automatically redirected, and then complete the payment in the methods indicated by the service administrator.
During the purchase, the Seller will store a recognition code combined with the Customer’s PayPal account, which authorizes its exclusive use linked to future purchases or replacements of goods already purchased, in order not to make it necessary to enter your PayPal access data again.
It is possible to revoke the aforementioned authorization at any time from within your My Account account, or by making an express request to Customer Service (turi@turimeraviglia.it), or directly from the Customer’s PayPal account. PayPal may require the Customer to re-enter their login credentials if there is suspicion of unauthorized activity linked to the use of the PayPal account.
7.4. The Seller will promptly send to the Consumer, if required by applicable law, in electronic format via e-mail to the address declared by the same, the tax receipt relating to the purchase made.
8. Legal guarantee of conformity of the Seller, reporting of defects of conformity and interventions under warranty
8.1. Pursuant to and for the purposes of the European Directive 44/99/EC and the Italian Legislative Decree no. 206/2005 (Consumer Code), the Seller guarantees the Consumer that the Products will be free from design and material defects as well as compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any guarantee is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the relevant instructions/warnings provided by the Seller and/or the Owner, or reported in the illustrative reference documentation, on the tags or in the labels.
8.2. Under penalty of forfeiture of this guarantee, the Consumer has the burden of reporting – pursuant to art. 130, paragraph 2, of the Consumer Code – any defects and non-conformities no later than 2 (two) months from discovery, by sending the correctly completed form to the Seller’s Customer Service at the address servizioclienti@turimeraviglia.com. , with an indication of the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least 1 (one) photograph of the Product, the order confirmation sent by the Seller and/or the tax receipt) .
8.3. Following receipt of the form and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the assistance service and, after having carried out the quality checks aimed at verifying the actual non-conformity of the Product, will decide whether to authorize the return of the Products by providing the Consumer with feedback, containing the “Return Code”, via e-mail to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return.
8.4. If the Seller is required to refund the Consumer the price paid, the refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer’s responsibility to communicate to the Seller, again via e-mail at the address turi@turimeraviglia.it, the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to return the sum due.
9. Liability for damage caused by defective products
9.1. As regards any damage caused by defects in the Products, the provisions of the European Directive 85/374/EEC and the Italian Legislative Decree no. apply. 206/2005 (Consumer Code). The Seller, in its capacity as distributor of the products via the Site, releases itself from any liability, none excluded and/or excepted, by indicating the name of the relevant manufacturer of the product.
10. Right of withdrawal and return
10.1. The Consumer has the right to withdraw from any contract concluded pursuant to these General Terms and Conditions of Sale, without any penalty, within 14 (fourteen) from when (i) the Product was delivered or (ii) in case of purchase with a single order of multiple Products delivered separately, the last product has been delivered.
10.2. The Consumer will exercise the right of withdrawal and return the Products using the procedure provided on the Site for online returns or at a Turi Meraviglia point of sale
Once the online return request has been completed, the Consumer will receive an email confirming the right to withdraw.
10.3. In the event of an online return, the withdrawing Consumer has the right to reimbursement of payments made without undue delay and, in any case, no later than 14 (fourteen) days from exercising the withdrawal. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests the refund using a different payment method; in this case, any additional costs resulting from the different means of payment will be borne by the Consumer. The refund may be suspended until Turi receives the returned Products or until the Consumer demonstrates that he has sent the Products back, if earlier.
10.4 The Consumer is responsible for the decrease in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and function nation of the Products. Therefore, if the returned Products are damaged (for example with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their elements and accessories (including unaltered labels and tags attached to the product) , not accompanied by the original packages and packaging and the guarantee certificate, where present, the Consumer will be liable for the decrease in the value of the Product, and will be entitled to a refund of the amount equal to the residual value of the Product. To this end, therefore, the Consumer is invited not to manipulate the Product beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and to cover the original packaging of the Products being returned with other protective packaging that preserves their integrity and protects it during transport, including from writing or labels.
11. Consumer data and privacy protection
11.1. In order to proceed with the registration, the forwarding of the order and therefore the conclusion of the sales contract, some personal data of the Consumer is required through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by Turi Meraviglia, in accordance with and in compliance with EU Regulation 2016/679 regarding the protection of natural persons with regard to data processing, as well as national legislation regarding Privacy pursuant to Legislative Decree. 196/2003 and subsequent amendments. and to the Legislative Decree. 101/2018, to execute each purchase made through the Site and, subject to your consent, for any further activities as indicated in the specific Privacy Policy provided to the Consumer through the Site at the time of registration or purchase.
11.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
11.3. The Consumer may at any time update and/or modify their personal data provided to the Seller through the specific “My Account” section of the Site accessible after authentication.
11.4. For any further information on the methods of processing of the Consumer’s personal data, please access the Privacy Policy section and carefully read the General Conditions of Sale.
12. Applicable law, attempted out-of-court resolution and jurisdiction
12.1. Each sales contract concluded between the Seller and Consumers pursuant to these General Terms and Conditions of Sale will be governed and interpreted in accordance with Italian laws and in particular by Legislative Decree 6 September 2005 n. 206, Consumer Code, with specific reference to the legislation regarding distance contracts and the legislative decree of 9 April 2003 n. 70 on certain aspects concerning electronic commerce. In any case, any rights attributed to Consumers by mandatory provisions of law in force in the latter’s State will be without prejudice.
12.2. In the event of a dispute, the Consumer has the right to access the European Online Dispute Resolution platform (the European ODR Platform) to resolve any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid and fair extrajudicial resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the Union and a professional established in the Union through the intervention of an ADR (alternative dispute resolution) body that has joined it, selectable from a specific list available there. For more information on the European ODR Platform or to start, through the latter, an alternative resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr. The Seller’s email address to be indicated on the European ODR Platform is the following: turi@turimeraviglia.it.
12.3. If the attempt at extrajudicial resolution referred to in the previous point 12.2 is not accepted or if this attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer, in this case territorial jurisdiction being mandatory.
