General conditions of Sale
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions of Sale
These General Conditions of Sale (hereinafter, "General Conditions") have as their object the regulation of the distance selling of products and services made available, via the internet, on the website www.tubeoriginal.com (hereinafter, the "Site ") And the related payment and delivery, in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the" Consumer Code").
The seller of the products and owner of the Site is: TubeORIGINAL A. Kleingers-Trapanese & F. Trapanese GbR Großhesseloher Str. 18 81479 München (D) Ust-IdNr .: DE335077544 - tube@tubeoriginal.com Tel: + 49.173 / 8881975 (di hereinafter “TubeORIGINAL”).
The person who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions - which constitute a binding agreement - made available to him on the Site and which will be which can be consulted at any time by the Customer.
In the event that the person making purchases on the Site requests an invoice and / or is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
Contracts concluded with TubeORIGINAL through the Site are governed by these General Conditions in compliance with Italian law.
2. Choice and order of products
The characteristics and the price of the various products for sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the Cart and, after having read these General Conditions and the Privacy and confirmed their acceptance, you will have to enter the shipping and any billing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions, as well as the Privacy Policy.
The contract stipulated between TubeORIGINAL and the Customer must be considered concluded with the acceptance of the order by TubeORIGINAL. This acceptance will be communicated to the Customer through an email confirming the order itself containing a reference to these General Conditions, the order number, the shipping and billing data, the list of Products ordered with their essential characteristics, the price overall - including delivery costs - and the payment method used. The Customer must check the confirmation email and if he identifies errors in the order (billing or shipping address, contact information or the like) he must immediately inform TubeORIGINAL (email: tube@tubeoriginal.com).
Upon receipt of the order, TubeORIGINAL reserves the right to verify the actual availability of the products ordered. In case of one or more missing products, TubeORIGINAL will not charge the relative price.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its characteristics and quality but may differ in graphics, color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
4. Prices and shipping costs
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
Delivery costs are displayed directly at the checkout (in Euros and inclusive of VAT), before confirming the order.
Shipping is only possible in Italy, Germany or Austria.
5. Payment methods
The customer can pay the price of the goods and the shipping costs via accepted credit card or PayPal.
To ensure maximum security of transactions, the site does not store the Customer's payment data. From the second expense, the registered Customer who wishes - by selecting the appropriate option - will be able to proceed with the purchase without re-entering his data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client's browser.
PayPal: once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment using his account, a card (including prepaid) or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
Payment will be made only at the closing of the order and the final amount will include the cost of only the products actually shipped, net of any price changes due to replacements or missing products, plus shipping costs and any ancillary services requested by the Customer.
6. Transport and delivery
The Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
Once the Products have been shipped, the Customer will receive a shipment confirmation email in which it will be possible to track the shipment.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty. To exercise this right, the Customer must send TubeORIGINAL a communication within 14 days from the date of receipt of the Products using the form that can be downloaded here or, if he intends to exercise the withdrawal before having received the Products, the withdrawal notice may be sent in any moment before their receipt.
This communication must be sent by post or email to:
TubeORIGINAL – A. Kleingers-Trapanese & F. Trapanese GbR
c.a. Returns and Refunds Office
Via Großhesseloher Str. 18
81479 Munich
Germany
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise
the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, TubeORIGINAL will refund the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the notice of withdrawal was received, without prejudice to TubeORIGINAL's right. to suspend the payment of the reimbursement until the actual receipt of the goods. The refund will be made, as a rule and unless otherwise agreed, through the same means used for the payment.
III. The Products must be returned in the same box in which they were received.
The customer must return the goods immediately and in any case at the latest within fourteen days from the day of revocation of this contract.
The direct costs of returning the goods remain the responsibility of the customer.
8. Warranty and lack of conformity
In case of lack of conformity of products sold by TubeORIGINAL, the Customer must immediately contact Customer Service by email at tube@tubeoriginal.com.
The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an adequate price reduction or termination of the contract.
9. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which TubeORIGINAL cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
TubeORIGINAL reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and of the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial, of an order.
10. Complaints
Any complaint must be forwarded to:
TubeORIGINAL – A. Kleingers-Trapanese & F. Trapanese GbR
Via Großhesseloher Str. 18
81479 Munich
Germany
TubeORIGINAL will process the Customer's personal data in full compliance with the applicable legislation on the subject and in accordance with its own privacy policy [link] which the Customer declares to have read and fully accept.
11. Online resolution of consumer disputes (ODR)
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may submit a complaint via the European Union ODR platform accessible here. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
12. Applicable law and competent court
The sales contract between the customer and TubeORIGINAL is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders if the Customer is a consumer pursuant to the Consumer Code, the court of his / her town of residence or of domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Spoleto, any other competent court excluded.
