GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the contractual relationship between the company ShoppingTale S.r.l. and its customers, only to the extent they are individuals acting for purposes which are outside their trade, business, craft or profession. In the relationship between ShoppingTale S.r.l. and customers the Legislative Decree no. 206 of September 6th, 2005 (Consumer Code) as subsequently modified and, as not provided for therein, articles 7 and 12 of Legislative Decree no. 70 of April 9th, 2003 on electronic commerce will apply.
1. Identity of the Seller.
1.1 ShoppingTale S.r.l., with registered office in Viale Bianca Maria 41, 20122 Milan, C.F./P.IVA 09072510960, enrolled in the Companies Registry of Milan with nr. MI-2066856 (hereinafter, "ShoppingTale"), offers to the employees of companies that have an agreement with it the opportunity to purchase online, through its website, the goods of different sectors' leading companies.
2.1. Pursuant to and for the purposes of these General Terms and Conditions, the following definitions apply: (a) "Catalogue", the catalogue available at http://www.shoppingtale.com/shop/; (b) "Customer", the consumer who makes the purchase for purposes which are outside her/his trade, business, craft or profession; (c) "General Terms and Conditions", these general conditions of sale available on the website www.shoppingtale. com, applicable to the contractual relationship between ShoppingTale and the Customer; (d) "Order Confirmation", the confirmation of the Purchase Order, which constitutes acceptance of the latter by the Seller; (e) "Sales Contract", the contract of sale relating to ShoppingTale's products, concluded by ShoppingTale and the Customer under a distance selling system set up by ShoppingTale via telecommunication systems; (f) "Purchase Order" means the Customer's purchase order in electronic format, placed in accordance with the procedure set out in the General Terms and Conditions and which represents a contractual proposal by the Customer to purchase the Products; (g) "Product(s)" means the products for sale on the Website; (h) "Website" means the website www.shoppingtale.com owned by ShoppingTale S.r.l.; (i) "Seller", ShoppingTale S.r.l..
3.1. With the conclusion of the Sales Contract, ShoppingTale sells and the Customer purchases the Products, under a system of distance selling organized by ShoppingTale via telecommunications systems on the Website.
3.2. The Products are manufactured and packaged in accordance with the applicable laws.
3.3. The images accompanying the Products are for illustrative purposes only and do not constitute an indication or recommendation on the use of the Products.
4. Process for purchasing Products.
4.1. The Sales Contract is concluded after the Customer accesses the Website, selects the Products he/she likes to purchase and fills in an order form/cart.
4.2. The Sales Contract is governed by the General Terms and Conditions in force at the time the Purchase Order is concluded, which form an integral and substantial part of the latter.
4.3. The Customer must read and accept the General Terms and Conditions before placing the Purchase Order.
4.4. The Purchase Orders submitted to ShoppingTale must be completed in all parts and must contain the elements necessary for the exact identification of the Customer, the ordered Products and the place of delivery.
4.5. The Purchase Order submitted to ShoppingTale shall be considered as the Customer's contractual proposal made online.
4.6. For each Purchase Order, ShoppingTale shall send an Order Confirmation to the email address provided by the Customer. The Order Confirmation shall constitute acceptance of the contractual proposal and shall contain: (i) a reference to the General Terms and Conditions, relating to the essential characteristics of the Products purchased; (ii) a detailed indication of the price of the Products and any possible additional shipping, delivery, or postal charges, if these should be borne by the Customer; (iii) the terms of payment, delivery, and performance; (iv) the expected time of delivery, the address to which any complaints may be submitted; (v) information on the conditions and procedures for exercising the right of withdrawal.
4.7. In addition to the information set forth in article 4.6 above, the Order Confirmation will include all the data entered by the Customer, who undertakes to check that they are correct and to promptly communicate any necessary corrections. Any additional expenses caused by errors in the data not promptly reported shall be borne exclusively by the Customer.
4.8. The Sales Contract is considered concluded, and becomes binding for both parties, when the Order Confirmation is received by the Customer at the e-mail address indicated by the latter.
5. Time and method of delivery.
5.1. ShoppingTale delivers the Products to Customer, via trusted couriers and/or shippers.
5.2. The delivery time, in accordance with the provisions of art. 61 of the Consumer Code, shall not exceed 30 days from the day of placement of the Purchase Order.
5.3. In case of delay in Products' delivery, we recommend the Customer to contact ShoppingTale and report any inefficiency.
5.4. The delivery of the Products is conditional on the payment by the Customer of the related price via the payment system chosen by the Customer among those made available by ShoppingTale.
5.5. In the event that the Products suffer apparent damage caused by the shipping, the Customer must reject the damaged Products without opening the package. The risk of loss of or damage to the Products, for reasons not attributable to ShoppingTale, will pass to the Customer when he/she or a third party indicated by the Customer and other than the carrier has acquired the physical possession of the Products. This is in any case without prejudice to the Customer's right of withdrawal under article 11 below.
6. Availability of Products.
6.1. Products are subject to the availability at the time of the purchase. ShoppingTale reserves the right to change at any time without any prior notice the quantity and/or type limits of the Products available for purchase online on the Website as well as the style, models, and colours of the Products described on the Website, in any case before the submission of the relevant Purchase Order.
7. ShoppingTale responsibility.
7.1. ShoppingTale shall not be liable for any inefficiency due to force majeure of any kind, if it is unable to execute the requested supply in the time agreed and provided for in the General Terms and Conditions. Causes of force majeure include, but are not limited to, measures taken by the Public Authorities, strikes by its own employees, employees of third party companies or employees of carriers which ShoppingTale uses, as well as any other circumstance that is beyond its control or independent of it.
7.2. ShoppingTale, except in the case of wilful misconduct or gross negligence, shall not be liable for inefficiencies or malfunctions related to the use of the Internet outside of its control or of its subcontractors control, nor shall it be liable for damages, losses and costs incurred by the Customer as a result of the failure to perform the Sales Contract for reasons not attributable to it, with the Customer being entitled only to a full refund of the price paid and any additional charges incurred.
7.3. If the Customer is no longer able to access the Website, in whole and/or in part, no claims or responsibility can be attributed to ShoppingTale, since the Customer should autonomously provide itself with equipment and software suitable for connection to the Internet.
8.1. Products sale prices displayed on the Website are expressed in Euro and do not represent an offer to the public to purchase them pursuant to Article 1336 of the Italian Civil Code.
8.2. Unless otherwise indicated, the prices of the Products include VAT and any other tax.
8.3. Unless otherwise indicated, the shipping costs are borne by ShoppingTale. The cost for returning the Products (i.e., if the right of withdrawal is exercised) will be borne exclusively by the Customer.
8.4. The prices applied are those indicated on the Website at the time of the Purchase Order by the Customer.
8.5. ShoppingTale reserves the right to change, without prior notice, the prices of Products and services.
8.6. The prices of each single Product, from time to time indicated on the Website, cancel and replace the previous ones.
8.7. Any new prices will be applied to sales performed on a date subsequent to their publication on the Website.
9.1. Any payment by the Customer may only be performed via one of the following methods: credit card, prepaid credit card, Paypal.
9.2. Payments performed via by credit card or other electronic forms are made through a secure connection, directly connected to the bank that owns and operates the online payment service ShoppingTale has an agreement with. ShoppingTale has no access to the credit card details of its Customers and cannot be held responsible for any fraudulent use of the card. Payments' data are directly and exclusively obtained by the banking institutions that authorise the payment and only the result is only communicated to ShoppingTale. In case of payment via PayPal, the Customer must follow the procedures displayed on the PayPal website.
9.3. Any reimbursement to the Customer will be timely issued in the same method of payment chosen by the Customer at the time of purchase and, in case of exercise of the right of withdrawal pursuant to article 11 below, no later than 14 days from the date on which ShoppingTale has become aware of Customer's intention to withdraw.
10. Customer's Obligations.
10.1. Once the online purchase procedure has been completed, the Customer undertakes to print and keep the General Terms and Conditions, which anyway he/she has already read and accepted as a mandatory step in the purchase procedure, as well as the specifications of the product or service purchased. It is absolutely forbidden for the Customer to enter false and/or invented and/or fantasy data in the purchase procedure. Personal data and e-mail address must be exclusively the Customer's own personal data and not those of third parties or invented ones.
11. Right of Withdrawal and related effects.
11.1. The Customer is entitled to withdraw from the Sales Contract, without giving any reason, within a period of 14 days from the day on which the Customer or a third party other than the carrier designated by the Customer acquires the physical possession of the Products. In the case of Sales Contracts relating to multiple Products ordered by the Customer in a single Purchase Order and delivered separately, the period for exercising the right of withdrawal starts 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 last Product. 11.2. In order to exercise the right of withdrawal, the Customer must inform ShoppingTale of its decision to withdraw from the Sales Contract by an unequivocal statement in analogue or digital format (such as a registered letter or an e-mail message). To this end, the Customer may use the standard withdrawal form available at http://www.shoppingtale.com/download. The Customer may also electronically fill in and send the standard withdrawal form provided under Annex I, Part B of the Consumer Code. Following the exercise of the right of withdrawal, ShoppingTale will promptly send an acknowledgement of receipt of the withdrawal by e-mail. In order to comply with the withdrawal period, it is sufficient for the Customer to send the notice of withdrawal before the withdrawal period expires. The burden of proof regarding the exercise of the right of withdrawal shall be on the Customer. 11.3. If the Customer withdraws from the Sales Contract, ShoppingTale will reimburse to him/her all payments it has received (with the exception of the supplementary costs resulting from Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by ShoppingTale) without undue delay and in any event not later than 14 days from the day on which ShoppingTale was informed about Customer's decision to withdraw from the Sales Contract. Such reimbursements will be carried out using the same means of payment as was used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise with ShoppingTale; in any event, the Customer will not incur any fees as a result of such reimbursement. The reimbursement may be withheld until ShoppingTale has received the Products back, or until the Customer has supplied evidence of having sent back the Products, if earlier. 11.4. The Products shall be returned or delivered to ShoppingTale, at the following address: Via Modigliani 41 20054 Segrate, without undue delay and in any case within 14 days from the day on which the Customer has communicated to ShoppingTale its withdrawal from the Sales Contract. The deadline is met if the Customer sends back the Products before the period of 14 days has expired. 11.5. The costs for returning the Products shall be borne by the Customer. 11.6. The Customer shall only be liable for any diminished value of the Products resulting from the handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products. 11.7. The rights of withdrawal is excluded for the supply of Products: (i) which are liable to deteriorate or expire rapidly, or (ii) which are sealed and are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, or (iii) which are, after delivery, according to their nature, inseparably mixed with other items, or (iv) which are made to the consumer's specifications or clearly personalised.
12. Legal guarantee of conformity and guarantee for defective Products.
12.1. Without prejudice to the provisions below regarding the legal guarantee of conformity, upon delivery of the Product to the Customer, any commercial guarantee granted by the manufacturer will be provided. The Customer may contact the manufacturer for any problem concerning the Product itself.
12.2. ShoppingTale declares that the Products comply with national and EU legislation. The images and colours of the Products published on the Website may differ from the real ones due to the local settings of the systems and/or tools used to display them.
12.3. ShoppingTale shall be liable to the Customer for any lack of conformity of the Products which existed at the time they were delivered and which becomes apparent within two years of that time. For his part, the Customer must report the lack of conformity by sending an e-mail to firstname.lastname@example.org, specifying the problem encountered and attaching, where possible, some photographs relating to it. This will be followed by a communication from ShoppingTale staff which indicates the way the guarantee is activated and specifically by replacing or repairing the Product, at the Customer's choice. Alternatively, if replacement or repair are impossible or impose disproportionate costs on ShoppingTale or, despite ShoppingTale's attempt to bring the Products into conformity, a lack of conformity occurs, or in the event that the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the Sales Contract, the Customer shall be entitled to either a proportionate reduction of the price or the termination of the Sales Contract. In the latter case, ShoppingTale may agree with the Customer an alternative method of reimbursement, for example by recognizing Coupons to be applied to subsequent purchases.
12.4. The Products on the Website also comply with the rules laid down by EU and national legislation on defective products. Any liability of ShoppingTale for any damage caused by defects in the Product is excluded (unless it has failed to communicate the information referred to in the following article).
12.5. In the event of damage due to defects in the Product, the Customer must send to ShoppingTale a request of data relating to the identity and domicile and/or registered office of the manufacturer or of the person who supplied the Product and ShoppingTale will provide such data no later than three months from the receipt of this request by the Customer.
12.6. ShoppingTale will take care to keep a copy of the General Terms and Conditions in force at the time of placement of the Purchase Order and the Order Confirmation. Should the Customer find errors or inaccuracies in the data provided to ShoppingTale, he/she is invited to contact ShoppingTale customer service, by sending an e-mail to email@example.com or by opening a Support Ticket.
13. Additional Information.
13.1. ShoppingTale will store a copy of the General Terms and Conditions in force at the time the Purchase Order is placed. If the Customer finds any errors or inaccuracies in the data provided to ShoppingTale, he/she is invited to contact ShoppingTale's customer service by sending an email to firstname.lastname@example.org or by opening a Support Ticket. 13.2. The sole language used for the conclusion, management and performance of the Sales Contract in Italy is Italian. For sales in other jurisdictions, translations into other available languages will be applicable, as appropriate. 13.3. These General Terms and Conditions can be easily downloaded from the following web page on ShoppingTale's Website https://www.shoppingtale.com/shop/termini-en.php. 13.4. It is possible to request any information through ShoppingTale's customer service by calling the number +39.0289767409 and/or writing at the e-mail address email@example.com.
14. Updates to General Terms and Conditions.
14.1. General Terms and Conditions may be updated and/or amended by ShoppingTale at any time, with effect as from the publication date; the updated version of the General Terms and Conditions will be available on the Website at https://www.shoppingtale.com/shop/termini-en.php.
15. Processing of Personal Data and storage.
15.1. The Customer is invited to consult the information on the processing of personal data, available on the following web page: https://www.shoppingtale.com/shop/privacy-it.php.
15.2. Pursuant to article 12, letter b) of Italian Legislative Decree 9 April 2003 n. 70, ShoppingTale informs the Customer that each Purchase Order is stored in digital format on the hosting server in accordance with the criteria of confidentiality and security.
16. Applicable Law. Jurisdiction. Online Dispute Resolution.
16.1. These General Terms and Conditions are governed by Italian law. Italian law shall apply to the extent that it does not deprive the consumer of the protection guaranteed to him/her by the most favourable laws in his country of habitual residence.
16.2. Any disputes relating to these General Terms and Conditions and/or to the connected relationship between ShoppingTale and the Customer shall be referred to the jurisdiction of the place of residence or domicile of the Customer.
A European platform for online dispute resolution (ODR platform) has been set up. The ODR platform can be consulted at http://ec.europa.eu/consumers/odr/.
Version published on 21.02.2022