Conditions of sale
On this site you can purchase and order directly online.
The so-called “Conditions of sale” referred to in this Contract indicate, in clear and easily understandable language, the terms and conditions to be applied to the purchase of consumer goods through the website of the Seller Tobaccheria Toto13, which is required to publish them in so that they are easily consultable.
The User is required to carefully read the Conditions of Sale before placing an online order.
When placing an order through the web page, confirming that they have read and accepted the Conditions of Sale, the User declares to unconditionally accept the conditions and terms specified below.
Use of the Site is subject to the "Terms of use of the site", freely available in the "Legal Information" section and in the "Privacy - Cookies" section.
Capitalized terms used in these Terms of Sale shall have the meaning set forth below in the “Definitions” section of this document.
These Conditions of Sale, together with the order confirmation, represent the contract for the supply of consumer goods between the Seller and the Buyer, as identified above.
No other conditions or terms may apply.
The Seller may make changes to these Terms at any time.
The Buyer is, therefore, required to accept exclusively the Conditions of Sale in force at the time of the relevant purchase, a copy of which will be sent and/or made accessible to the Buyer during the purchase, registration phase and which can be consulted at any time via links. in the footer of each page of the Tabaccheria Toto13 website.
The Conditions of Sale are also published on the website www.tabaccheriatoto13.com in order to allow their knowledge, as well as their storage and reproduction by the Buyer.
These premises form an integral and substantial part of the online sales contract between Buyer and Seller.
1. Definitions
1.1. The expression "Online sales contract" means the purchase and sale contract relating to the Seller's tangible movable assets, stipulated between the latter and the Buyer as part of a remote sales system using telematic tools, organized by the Seller.
1.2. The expression "Buyer" means the person identified above who makes the purchase referred to in this contract.
1.3. The expression "Seller" means the subject, identified above, the natural or legal person who acts in the framework of a commercial, industrial, artisanal or professional activity and offers the goods through the website of which he is the owner.
1.4. The expression "User" means the natural or legal person who has access to the Site (as defined below), also through the registration procedure and creation of an account as provided for in the following art. 3.
1.5. The term "Consumer" means any natural person who makes purchases for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
1.6. The expression "Distance communication techniques" means any means which, without the physical and simultaneous presence of the Seller and the Buyer, can be used to conclude the contract between the said parties.
1.6. The expression "Site" refers to the web page www.venditore.it/com5. any entrepreneurial, commercial, artisanal or professional activity carried out.
2. Object of the contract
2.1. With this contract, respectively, the Seller sells and the Buyer purchases remotely via electronic means the tangible movable goods indicated and offered for sale on the website www.tabaccheriatoto13.com.
2.2 The products referred to in the previous point are illustrated on the web page www.tabaccheriatoto13.com/catalogo.
3. Registration on the Site - guest mode and exclusive method of stipulating the contract
3.1. In the event that the user uses the guest mode, the buyer will have to provide some personal data which will be processed in compliance with the rules on the protection of privacy or make the purchase without registration by indicating only the data necessary to carry out the purchase. shipping of the purchased products.
3.2. Creating an account on the website www.tabaccheriatoto13.com is free.
This can be done by registering on the Site and accepting the "Terms of use of the site privacy - cookies" available online via the appropriate link located in the footer of the site itself.
To do this, you can register and provide some personal data which will be processed in compliance with the rules on privacy protection or make the purchase without registering by indicating only the data necessary to complete the shipment of the purchased products.
3.3. To create an account by registering on the Site, the User must fill in a specific form, which will indicate the mandatory and, possibly, optional data, entering: name, surname, address, telephone number, e-mail address and password;
Once this phase has been completed, the User must click on the "Register" button. At the end of this procedure, the User will receive confirmation emails to the email address indicated at the time of registration, which will be necessary to access the purchase operations of the products offered on the Site.
3.4. In order to verify the existence of the minimum age required by law, you are required to enter your tax code.
It is up to the Seller, without prejudice to legal obligations, to decide whether or not to proceed with the conclusion of the contract based on the age of the Buyer and the nature of the purchase.
3.5. The creation of an account allows the User who intends to purchase consumer goods through the Seller's site, to directly carry out, among other things, the following activities through that site:
a) saving and modifying your personal data;
b) access to all information relating to orders;
c) management of your personal data and updating at any time;
d) use of dedicated services that may be activated from time to time (e.g. viewing your "wish list", newsletter subscription, etc.).
3.6. The Registered User guarantees that the information provided during the registration procedure is complete, correct and truthful.
The User undertakes to hold the Seller harmless and harmless from any damage, compensation obligation and/or sanction deriving from or in any way connected to the violation by the User of the rules on registration on the Site or on the conservation of Registration Credentials.
The User is therefore exclusively responsible for accessing the Site using his Registration Credentials and is directly responsible for any damage or prejudice caused to the Seller or third parties by improper use, loss, misappropriation by others or by failure to maintain adequate confidentiality of one's registration credentials.
All operations carried out using the Registration Credentials are considered to be carried out by the User to whom they refer.
3.7. By registering on the site, the User agrees to receive communications from the Seller, aimed at the execution of this contract. The User may request at any time not to receive further communications via e-mail while maintaining the possibility of accessing and using the Site.
3.8. The Seller reserves the right to refuse, at its sole discretion, the registration of a User on the Site.
3.9 The Seller reserves the right not to accept orders, from anyone, which are anomalous in relation to the quantity of products purchased, the price, the delivery address, or the frequency of purchases made on the Site, as well as in relation to the improper or suspected use of gift vouchers.
3.10. The User may cancel their registration at any time by completing the appropriate form and sending a specific communication to the following e-mail address: Contact@tabaccheriatoto13.com
3.11. The contract between the Seller and the Buyer is concluded exclusively through the Internet by accessing the Buyer at the address www.tabaccheriatoto13.com where, following the procedures indicated, the Buyer will formalize the proposal for the purchase of the goods indicated in point 2.
3.12. In compliance with Legislative Decree 9 April 2003, n. 70 regarding electronic commerce, the Supplier informs the Buyer that:
a) to conclude the purchase contract for one or more services through the Site, the Buyer must complete an order in electronic format and send it to the Supplier, electronically, following the instructions that appear from time to time on the Site;
d) after sending the order, the Buyer will not be able to modify it, without prejudice, in any case, to the right of withdrawal referred to in point 12 below in the manner specified on the specific Withdrawal page, return rules.
3.13. The language available to the Buyer for the conclusion of the contract is Italian [or other language prepared by the Supplier and chosen by the Buyer]. Customer Service is able to communicate in Italian or English.
3.14 Delivery times are indicative and independent of our will which, obviously, remains that of delivering the goods as soon as possible to best satisfy our customers
4. Conclusion and effectiveness of the contract
4.1. The offer and sale of products through the Site constitute a distance contract governed by articles. 45 ff. of Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
4.2. Special conditions of sale of alcoholic products
The sale takes place and complies with Italian and EU laws regarding the sale of alcoholic beverages.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expiring rapidly" include all food products, including wines, spirits and drinks, as the characteristics and qualities of these types of products are also subject to alteration as a result of inappropriate storage.
The sale is aimed ONLY at adults. Buyers are required to provide their personal details to verify their age of majority in order to allow shipping.
By purchasing from our shop you declare that you are 18 years old and accept all the conditions stated above.
The sale of alcoholic beverages for export purposes is permitted in compliance with the regulations of the buyer's country of residence.
The seller reserves the right to accept the sale only after verifying and checking the possibility of shipping in compliance with current laws, please contact us by email: Contact@tabaccheriatoto13.com
4.3. For the purposes of concluding the contract, the Buyer ensures that the form/form attached to the online electronic catalog at the address www.tabaccheriato13.com/ordini is correctly filled in and the form/module is subsequently sent online, always after viewing a order summary web page, printable, which shows the details of the orderer and the order, with the product information sheet, the price of the product(s) purchased, the calculated taxes, the shipping costs shipping and any additional charges and additional costs, the payment methods and terms, the address where the product will be delivered, the expected delivery times, the invitation to carefully read these Conditions of Sale and any withdrawal and exceptions to right of withdrawal.
4.4 Once the order summary page is displayed, the User who intends to proceed with the purchase chooses the "Send Order" option. By sending the form/order form, the Buyer acknowledges and declares to have read all the information provided during the purchase procedure, as well as the additional information contained on the Site relating to the Privacy Policy and to fully accept and unconditionally the Conditions of Sale and the exceptions to the right of withdrawal.
4.5. The Seller reserves the right to refuse or cancel orders coming from the User.
4.6. The order will be archived in the Seller's database for the time necessary for its execution and, in any case, within the terms of the law; Furthermore, the Buyer will be able to access their order by consulting the "My orders" section of the Site.
4.7. The Seller will notify the Buyer of any impossibility to accept the orders received within 24 (twenty-four) working hours starting from the working day following the one on which the Buyer sent the order and will refund any sums already paid for the payment for the supply.
4.8. When the Seller receives the order from the Buyer, it sends an email confirming and summarizing the order, which also contains the data referred to in point 4.3.
4.9. The contract is not considered perfected and effective between the parties in the absence of the Seller sending the email referred to in the previous point.
4.10. The Buyer undertakes to verify the correctness of the data contained in the order confirmation email and to communicate any corrections to the Seller within 24 (twenty-four) hours of receiving them.
If confirmation of the correctness of the data by the Buyer does not arrive within the indicated deadline, the Seller has the right to cancel the order. Possible additional costs caused by errors in data not reported promptly will be borne by the Buyer.
4.11. The order number, generated by the system and communicated by the Seller in relation to the purchase made, must be used by the Buyer in any subsequent communication with the Seller.
5. Payment methods
5.1. Any payment by the Buyer can only be made using one of the methods indicated in the purchase form.
5.2. All communications relating to payments take place on a specific Seller line protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of current legislation on the protection of personal data. Any further information can be read on the Secure Payment page available in the footer of the website www.tabaccheriatoto13.com.
5.3. For transaction security reasons, the Seller reserves the right to request the sending of the details or a copy of an identity document of the credit card holder.
5.4. At the same time as sending the order confirmation and summary email, the amount corresponding to the purchased product(s) will be charged to the Buyer. In the event that, for any reason, the amounts due by the Buyer are not debited, the sales process is automatically canceled and the sale automatically cancelled.
5.5. The Seller will issue the purchase receipt for the product(s), sending it via e-mail to the order holder within 48 (forty-eight) hours from the order confirmation and summary e-mail or by making it available on the personal page of the buyer. For the issuing of the receipt, the information provided by the Buyer will prevail. No change in the data will be possible after the receipt itself has been issued (or the invoice if requested by the Buyer).
5.6. Any refund to the Buyer will be credited to the Buyer in the ways and times referred to in the following points 14.3, 14.4, 14.5 and 14.6.
6. Delivery times and methods
6.1. The Seller will deliver the product(s) selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of offering the product, as confirmed in the e-mail referred to in point 4.8 . We invite the buyer to read the Shipping and advice page available in the footer of the Tabaccheria toto13.com website.
6.2. The delivery of the goods takes place "ex seller's warehouse". This clause inserted in the sales contract indicates that from the moment the goods leave the seller's warehouse, all costs relating to the transport of the goods, as well as the related risks, are borne by the buyer.
6.3. Shipping and delivery times may vary from the day of the order to a maximum of 30 working days from confirmation of the same and are made known to the Buyer at the time of order confirmation.
Delivery times are indicative and independent of our will which, obviously, remains that of delivering the goods as soon as possible to best satisfy our customers.
In the event that the Seller is unable to comply with these terms, but, in any case, within that indicated in the following point, or in the event that delivery is delayed or excessively expensive for reasons attributable to the Buyer, it will still be given promptly. notice via email to the Buyer.
6.4. The methods, delivery times and shipping costs are clearly indicated and well highlighted by accessing the "My orders" area of the site.
7. Product and pricing information
7.1. Each product is accompanied by an information sheet that illustrates its main characteristics (so-called "Product Sheet").
7.2. The visual representation of the products on the Site, where available, normally corresponds to the photographic image in digital format accompanying the descriptive sheet. The image is illustrative, has the sole purpose of presenting the products for sale and for this purpose is representative of its characteristics.
7.3. All sales prices of the products displayed and indicated on the website www.tabaccheriatoto13.com are expressed in euros (or US dollars) and constitute an offer to the public pursuant to art. 1336 c.c.
7.4. The sales prices, referred to in the previous point, do not include VAT and any other taxes.
7.5. Shipping costs and any additional charges (e.g. customs clearance), if any, although not included in the purchase price, are the responsibility of the Buyer.
Taxes, Customs and Duties. Customs and duties fees are country specific and are the buyer's responsibility.
There are no customs duties for shipments within the EU.
This rule does not apply to French overseas territories or territories with special tax status within the E.U.
It is your responsibility to be aware of and pay any taxes or duties due on your order.
It is the customer's responsibility to check with their country's customs whether the product can be imported and is not prohibited.
Tabaccheria toto13 cannot and will not be responsible for duties or taxes, and customs prohibitions.
If you purchase a prohibited product or refuse delivery of the package or refuse to pay taxes, the package may or may not be sent back to us (we have no way of controlling it and it is at the sole discretion of the relevant customs).
In the event that we hold you responsible for the loss of the product, re-importation charges and any additional costs incurred for the return will be deducted from any refunds.
Important: Please do not ask us to mark packages as "gifts" or similar or with zero or reduced value. This is a falsification of a customs declaration and we cannot do this under any circumstances. All requests to this effect will be ignored.
7.6. The prices indicated for each of the goods offered to the public are valid until the date indicated in the catalogue.
8. Product availability
8.1. The Seller ensures the processing and fulfillment of orders without delay via the electronic system used.
8.2. The availability of the products is indicated in real time in the "Product Sheet" which also indicates whether they are sold out or in any case not immediately available.
If the products are available, the estimated shipping times must also be clearly indicated.
8.3. If an order exceeds the existing quantity in the warehouse, the Seller will inform the Buyer via e-mail whether the product can no longer be booked or what the waiting times are to obtain the chosen product, asking if he intends to confirm the order. order or not, with the application in the latter case of the provisions of point 8.8 below.
8.4. The Seller's computer system confirms the registration of the order as soon as possible by sending a confirmation via email to the Buyer.
8.5. In the case of orders concerning a plurality of products (so-called "Multiple Order"), if the unavailability concerns only some of the products covered by the Multiple Order, the Seller will immediately notify the Buyer by e-mail and the latter will be , therefore, entitled to immediately terminate the contract, limited to the product/s that are not available (or have become unavailable).
8.6. In any case, the right to cancel the order before shipment is reserved. The Seller will refund the amount due less bank commissions, credit card commissions and PayPal commissions incurred by the seller. The calculated refund will be made without undue delay.
8.7. In the event that the purchase contract relating to the product/s is terminated following the unavailability of the product/s, the return will be made, limited to said product/s, within the terms set out in point 8.8 below. , if it has already been paid, of the amount due in relation to such product/s, including delivery costs, and any other additional costs due in specific relation to such product/s34.
8.8. In the event that the Buyer does not confirm or cancel the order and the payment of the amount due has already been made, including any other additional costs, the Seller will refund the amount due minus the costs of bank commissions, credit card, PayPall fees incurred by the seller. The calculated refund will take place without undue delay and, in any case, within 14 (fourteen) working days from sending the order.
9. Seller's Responsibilities
9.1. The Seller assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract.
9.2. The Seller cannot be held liable towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the Internet outside of its control.
9.3. Furthermore, the Seller will not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, without prejudice to the Buyer's right to a full refund of the price paid and any charges supported accessories.
9.4. The Seller assumes no responsibility in the event of any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment of the purchased products, if it demonstrates that it has adopted all the possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence, in full compliance with the legislation in force at the time of purchase.
9.5. In no case can the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Seller, except in the case of failure or delayed delivery for reasons attributable to him or in any case independent of the responsibility of the Seller.
10. Legal guarantee of conformity and assistance methods
We are authorized resellers of the brands we deal with, all our items come from authorized dealers or directly from the manufacturers and are carefully checked upon arrival at our warehouses to ensure their quality and authenticity.
All items on sale are complete with original box, instruction manuals, serial number and official authorized dealer warranty.
To guarantee maximum product quality and assistance, we have a laboratory with specialized technicians authorized/certified by the most prestigious brands.
10.1 To whom it applies
All products offered through the Site are covered by the legal guarantee of conformity provided for by the articles. 128-135 of the Consumer Code (so-called “Legal Guarantee”).
The Legal Guarantee is reserved for Buyers who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
10.2. What is the lack of conformity
10.2.1. There is a lack of conformity when the purchased product:
a) is not suitable for the use for which goods of the same type are usually used;
b) does not conform to the description made by the Seller and does not possess the qualities of the goods that the Seller presented to the Buyer as a sample or model;
c) does not present the usual qualities and performances of a good of the same type, which the Buyer can reasonably expect, also taking into account the declarations made in the advertising, labeling or product sheet;
d) is not suitable for the particular use desired by the Buyer and which was brought to the attention of the Seller at the time of conclusion of the contract.
10.2.2. Any failures or malfunctions caused by accidental events or the Buyer's responsibility or by use of the product that does not comply with its intended use and/or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee. product and/or, depending on the case, from what is indicated in the "Product Sheet".
This guarantee of conformity does not cover inappropriate use, age, aesthetic defects, wear, stress of use.
The tobacco pipes and mouthpieces are sold as seen and liked, as they are products subject to thermal stress and use, they are NOT covered by an unconditional guarantee, the defect must be unquestionably recognized by the manufacturer.
To guarantee the highest quality and assistance on tobacco pipes, we have a laboratory with specialized technicians authorized/certified by the most prestigious brands.
Repair costs will be estimated and communicated only after having examined the product and the intervention to be carried out.
10.3. When it applies
10.3.1. The Seller is responsible towards the Buyer for any lack of conformity existing at the time of delivery of the product which manifests itself within two years of such delivery.
This liability of the Seller is expressly indemnified if the manufacturing company decides, offers or has its own specific guarantee, a form of guarantee that covers the objects produced. This indemnity is currently provided for Zippo products and St.Dupont products.
By signing the conditions of sale of Tabaccheriatoto13.com, the buyer tacitly approves the exemption from liability and indemnity from the guarantee for the Zippo and St.Dupont products sold by Tabaccheria toto13.
10.3.2. The lack of conformity must be reported to the Seller, under penalty of forfeiture of the warranty, within 2 (two) months from the date on which it was discovered.
10.3.3. The report is not necessary if the Seller has recognized the existence of the defect or has hidden it.
10.3.4. Unless proven otherwise, it is presumed that defects of conformity which appear within 6 (six) months of delivery of the product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the defect of compliance.
10.3.5. In order to take advantage of the Legal Guarantee, the Buyer must first provide proof of purchase and delivery of the product.
10.4. Remedies available to the Buyer
10.4.1. In the event of a lack of conformity duly reported within the terms, the Buyer has the primary right to repair or replace the product, unless the requested remedy is objectively impossible or excessively onerous compared to the other.
10.4.2. The request must be sent in written form, by registered mail with return receipt, by ordinary email, by certified email, to the Seller, who will indicate his willingness to process the request, or the reasons that prevent him from do so within 7 (seven) working days of receipt. In the same communication, where the Seller has accepted the Buyer's request, he must indicate the methods of shipping or returning the product as well as the deadline expected for the return or replacement of the defective product.
10.4.3. Secondly, if repair and replacement are impossible or excessively burdensome (pursuant to art. 130, paragraph 4, of the Consumer Code), or the Seller has not repaired or replaced the product within the deadline referred to in the previous point, the Buyer may request a price reduction or termination of the contract.
10.4.4. Where the Seller has accepted the Buyer's request, he must indicate the proposed price reduction or the methods for returning the defective product. It will be the Buyer's responsibility to indicate the methods for crediting the sums previously paid to the Seller.
10.4.5. The requested remedy is excessively burdensome if it imposes unreasonable expenses on the Seller in comparison to the alternative remedies that can be attempted, taking into account (i) the value that the product would have if there were no lack of conformity; (ii) the extent of the lack of conformity; (iii) the possibility that the alternative remedy can be implemented without significant inconvenience for the Buyer.
10.5. What to do in the event of a lack of conformity
10.5.1. In the event that a product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a lack of conformity, the Buyer can contact Customer Service at the contact details indicated in point 16 below.
10.5.2. The Seller will promptly respond to the communication of the alleged lack of conformity and will indicate to the Buyer the specific procedure to follow, also taking into account the product category to which the product belongs and/or the defect reported.
11. Obligations of the Buyer
11.1. The Buyer undertakes to pay the price of the product purchased within the times and methods indicated in the contract.
11.2. The Buyer undertakes, once the online purchase procedure has been completed, to print and keep this contract if he has received a copy of it.
11.3. The information contained in this contract is intended to be viewed and accepted by the Buyer, who acknowledges it, as this step is made mandatory before the purchase confirmation.
12. Right of withdrawal
According to Legislative Decree 21 February 2014, n. 21 - Consumer rights - In implementation of Directive 2011/83/EU on consumer rights, DL n°185 of 22-05-1999, relating to the protection of consumers in matters of distance contracts, the consumer has the right to withdraw from any distance contract, within the term of fourteen calendar days from the date of the order.
This right consists in the right to return the purchased goods to the supplier without specifying the reason, and in the consequent reimbursement of the purchase price, but not of the transport costs and bank charges since the return costs and expenses are borne by the consumer, as established by point 14.3 of the "Tabaccheriatoto13.com terms and conditions of sale".
It is therefore the possibility for the consumer to change his mind, to withdraw from the obligations signed in the sales contract, it is an inalienable right and can therefore always be exercised except in the cases specified by law.
The right of withdrawal applies to natural persons acting for purposes not related to their professional activity.
Purchases made by retailers and companies are therefore excluded from the right of withdrawal, as are contracts for the supply of services whose execution began with the consumer's agreement before the expiry of the 14-day period.
The right of withdrawal also does not apply to the following product categories:
1. sealed audiovisual or computer software media opened by the consumer;
2. newspapers, periodicals and magazines.
3. of bets or lotteries.
4. of goods made to measure.
5. Food and drinks, spirits and liqueurs.
In addition to the cases indicated (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order of Products made to measure or clearly personalized;
- order of Products that risk deteriorating or expiring rapidly;
- order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expiring rapidly" include all food products, including wines, spirits and drinks, as the characteristics and qualities of these types of products are also subject to alteration as a result of inappropriate storage.
Tobacco pipes that have been smoked (even just 1 time, scratched, or with a used mouthpiece) cannot be returned.
Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for products purchased on the Site which can be returned to Tabaccheria Toto13 and put back on the market without danger to the health of consumers (such as accessories for smokers, books, gadgets, kitchen utensils, etc.).
12.1. The Buyer who holds the status of Consumer has the right to withdraw from the purchase contract of the product without having to provide any reason and without having to incur costs other than those of the return provided for in the following point 14, within the period of 14 (fourteen) days of calendar (so-called “Withdrawal Period”).
12.2. The “Withdrawal Period” expires 14 (fourteen) days after:
a) in the case of an order relating to a single product, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the product;
b) in the case of a Multiple Order with separate deliveries, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last product;
c) in the case of an order relating to the delivery of a product consisting of multiple lots or pieces, the day on which the Buyer or a third party, other than the carrier and designated by the Buyer, acquires physical possession of the last lot or piece.
12.3. To exercise the right of withdrawal, the Buyer must inform the Seller, before the expiry of the "Withdrawal Period" of his decision to withdraw. To this end, the Buyer can: a) use the standard withdrawal form made available to him through the Site ("Typical Withdrawal Form"); or b) submit any other explicit declaration of your decision to withdraw from the contract ("Declaration of Withdrawal"), following the "Type Withdrawal Instructions", available in the footer of the Site.
12.4. The Buyer has exercised his right of withdrawal within the "Withdrawal Period" if the communication relating to the exercise of the right of withdrawal is sent before the expiry of the "Withdrawal Period". In the event that the Buyer makes use of the "Declaration of Withdrawal", it is advisable to indicate the order number, the product(s) for which he intends to exercise the right of withdrawal and his address. Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the withdrawal period lies with the Buyer, it is in the Buyer's interest to make use of a durable medium when communicating his withdrawal to the Seller.
12.5 The “Withdrawal Type Form” or the “Withdrawal Declaration” must be sent to the following address Contact@tabaccheriatoto13.com. The Buyer, alternatively, can communicate this to the Seller by certified email Toto13@pec.it or by registered mail with return receipt to the address:
Toto13 tobacconist
Via Legnano 33
20015 Parabiago (MI)
12.6. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased product (see point 14 below), provided within the same terms. The date of delivery to the courier will prevail between the parties.
12.7. Upon receipt of the communication with which the Buyer communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations.
13. Exclusion of the right of withdrawal
13.1. The Right of Withdrawal is excluded in the cases referred to in the art. 59 of the Consumer Code and in particular in those relating to:
a) the supply of goods whose price is linked to fluctuations in the financial market that the Seller is not able to control and which may occur during the withdrawal period;
b) the supply of goods made to measure or clearly personalized;
c) the supply of goods which risk deteriorating or expiring rapidly;
d) the supply of sealed products that are not suitable for return for hygienic or health protection reasons and have been opened after delivery (for example, cosmetic products); e) the supply of products which, after delivery, are, by their nature, inseparably mixed with other goods;
f) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 (thirty) days and the actual value of which depends on fluctuations on the market which cannot be controlled by the Seller;
g) the supply of sealed audio or video recordings (for example a DVD or music CD) or sealed computer software which has been opened after delivery;
h) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications; i) contracts concluded at a public auction.
In addition to the cases indicated (non-consumer customer and/or customer requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order of Products made to measure or clearly personalized;
- order of Products that risk deteriorating or expiring rapidly;
- order of sealed Products that are not suitable for return for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk deteriorating or expiring rapidly" include all food products, including wines, spirits and drinks, as the characteristics and qualities of these types of products are also subject to alteration as a result of inappropriate storage.
Tobacco pipes that have been smoked (even just 1 time, scratched, or with a used mouthpiece) cannot be returned.
Therefore, for reasons of hygiene and customer protection, the right of withdrawal is applicable only for products purchased on the Site which can be returned to Tabaccheria Toto13 and put back on the market without danger to the health of consumers (such as accessories for smokers, books, gadgets, kitchen utensils, etc.).
13.2. In the event that, under one of the legal hypotheses, the right of withdrawal does not apply.
13.3 In cases where the right of withdrawal is excluded, Tabaccheria Toto13 will return the purchased Products to the Customer, charging the shipping costs to the Customer.
13.4 The right of withdrawal is totally lost if the returned product is not intact, that is: - lack of original packaging - absence of integral elements of the product (accessories, cables, instruction manuals, etc.) - damage to the product for reasons other than transport .
14. Return of the goods and times and methods of reimbursement
14.1. The Buyer who intends to exercise his right of withdrawal must also return the product to the Seller, using a carrier of his own choice and at his own expense, without undue delay and in any case within 14 (fourteen) calendar days from date on which he communicated to the Seller his decision to withdraw.
The deadline is respected if the Buyer sends the product back before the expiry of the 14 (fourteen) day period.
The product, carefully packaged in the original packaging and complete with all accessories, instruction manuals and everything originally contained, must be sent to the following address: recipient Tabaccheria Toto13 via Legnano, n. 33, city of Parabiago (MI), post code 20015.
The direct costs of returning the product(s) to the Seller are borne by the Buyer.
Insure the shipment against theft and transport damage and bear the related costs.
14.2. In the case of products which by their nature cannot normally be returned by post, the cost of returning such products via a specific carrier will be indicated in the "Instructions for returning a product", together with the indication of this carrier. The "Instructions for returning a product", containing information on the exercise of the right of withdrawal, are made available to the Buyer via the Site before the conclusion of the contract and reported in the order confirmation. The return of the product to the Seller takes place under the responsibility and at the expense of the Buyer.
14.3. If the Buyer withdraws from the contract, he cancels the order before shipment. The Seller proceeds to refund the amount paid by the Buyer for the product, less bank commissions, credit card commissions and PayPal commissions incurred by the seller.
If the Buyer withdraws from the contract after shipment of the goods, the Seller will refund the amount paid by the Buyer for the product, excluding delivery costs, and deducting bank commissions, credit card commissions, PayPal commissions. supported by the seller.
The refund will be made without undue delay and in any case no later than 14 (fourteen) calendar days from the day on which the Seller was informed of the Buyer's decision to withdraw from the contract.
14.4. The refund will be made using the same payment method used by the Buyer for the initial transaction.
14.5. The Seller may reserve the right to withhold the refund until it has received the goods.
14.6. The Buyer is responsible for the decrease in the value of the product resulting from its handling other than that necessary to establish its nature, characteristics and functioning.
The product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all accessories and information sheets, with the labels, where present, still attached to the product, as well as perfectly suitable for its intended use.
15. Causes for termination
15.1. The obligations referred to in point 11.1, assumed by the Buyer, as well as the guarantee of the successful completion of the payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations assumed by the Seller pursuant to this contract, have an essential character, so that by express agreement, the failure to fulfill even one of these obligations, if not determined by fortuitous circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling.
15.2. In the event that the Buyer does not pay the total amount due, the Seller will send him an e-mail in which he will invite him to pay the total amount due within 5 (five) days, with a warning that, if this period has expired in vain, the contract will be considered legally terminated. The Seller reserves the right to block the purchase functions from the Site by non-compliant users, communicating it in the manner indicated above.
16. Communications and complaints
16.1. Written communications (e.g. requests for information) directed to the Seller, requests for assistance and any complaints will be considered valid only if sent to the following address Tabaccheria Toto13 via Legnano, n. 33, city Parabiago (MI), post code 20015 or transmitted, sent by e-mail to the following e-mail address Contact@tabaccheriatoto13.com or by telephone (Customer Care) at the number 0331554128 on the following days and times from Monday to Saturday from 9, 30 to 19.00
16.2. The Buyer indicates in the registration form his residence or domicile, telephone number or e-mail address to which he wishes communications from the Seller to be sent.
16.3. No complaint can, in any case, justify delayed or non-payment.
17. Method of archiving the contract
17.1. Pursuant to art. 12 of the legislative decree lgs. 70/2003, the Seller informs the Buyer that each order sent is stored in digital/paper form on the server/at the Seller's headquarters, according to confidentiality and security criteria.
18. Applicable law and referral
18.1. This contract concluded through the Site is governed by Italian law.
18.2. For anything not expressly provided here, the laws applicable to the relationships and cases provided for in this contract apply, and in particular the art. 5 of the Rome Convention of 1980.
18.3. The buyer expressly approves and subscribes that the application to the Consumer Buyer - who does not have his habitual residence in Italy - of any more favorable and mandatory provisions provided for by the law of the country in which he has his habitual residence, in particular in relation to the deadline for returning the products, the deadline for exercising the right of withdrawal and the methods and formalities of communicating the same, the deadline for returning the products, the guarantees of conformity and the assistance methods.
18.4. The Buyer who resides in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 200749, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, €2,000.00 (two thousand/00 euros).
19. Settlement of disputes
19.1 For any dispute regarding the interpretation or execution of these general conditions and/or the mail order contracts stipulated between the customer and Tabaccheria Toto13, the Court of Busto Arsizio (VA), court of Busto Arsizio or justice of the peace will be competent of Busto Arsizio.
If Tabaccheria Toto13 takes on the role of plaintiff, it may also appeal to the court or justice of the peace in whose district the customer's headquarters is located.
19.2. If the Buyer is a Consumer and if the legal conditions exist, it is also possible to resort to the alternative dispute resolution bodies referred to in the art. 141-ter and 141-decies of the Consumer Code.
19.3. Pursuant to Regulation (EU) 524/2013, for the resolution of disputes concerning the online purchase of products and services, specifically dedicated to disputes between consumers and professionals, the so-called procedure is available. ODR (Online Dispute Resolution) which can be initiated by submitting a specific complaint via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=IT.
20. Intellectual Property Rights
20.1. All content, in any format, published on the Site, including web pages, graphics, colors, schemes, tools, fonts and website design, diagrams, layout, methods, processes, the functions and software that are part of the Site are protected by copyright and by any other intellectual property rights belonging to the Seller and any other rights holders. Reproduction, in whole or in part, in any form, of the Site and its contents is prohibited, without the express written consent of the Seller. The Seller has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the Site and its contents.
20.2. With regard to the use of the Site, the Buyer is authorized only to:
a) view the website www.tabaccheriatoto13.com and its contents;
b) carry out all those other temporary acts of reproduction, without any economic significance of their own, which are considered transitory or accessory, an integral and essential part of the very visualization of the site and its contents;
c) all other navigation operations on the Site which are carried out only for legitimate use of the same and its contents.
20.3. The Seller guarantees the authenticity of all products offered for sale on the Site.
20.4. The Seller's trademark, as well as the set of figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the Seller's products, on the related accessories and/or packaging, which are the subject of registration or less, are and remain the exclusive property of the Seller.
The total or partial reproduction, modification or use of said trademarks, illustrations, images and logos, for any reason and on any medium, without the prior express agreement of the Seller is absolutely prohibited. This clause is not applicable to the private use of products purchased through the Site.
Any combination between the aforementioned trademarks and other trademarks, symbols, logos and more generally any distinctive sign suitable for creating a composite logo is also prohibited.
21. Modification and updating
21.1. These General Conditions of Sale are modified from time to time by the Seller also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on the Site.
51 I ACCEPT THE GENERAL CONTRACT CONDITIONS
THE CUSTOMER IS INVITED, BEFORE SENDING THE ORDER, TO CAREFULLY READ THE GENERAL CONDITIONS OF SALE AS IDENTIFIED ABOVE AND THE INFORMATION CONTAINED THEREIN AND TO PRINT THEM OR SAVE THEM ON ANOTHER LONG-LASTING MEDIA ACCESSIBLE TO HIM.
You declare that you have read exactly the above clauses and conditions, and in particular the conditions referred to in points 6. (Delivery times and methods), 9. (Seller's Responsibilities), 11. (Buyer's Obligations ), 14 (Return of the goods and times and methods of reimbursement), 15. (Causes for resolution), 19. (Settlement of disputes), whose clauses - re-read and approved - are accepted by the Buyer himself for all consequent purposes, and in particular pursuant to and for the purposes of the articles. 1341 and 1342 cod. civil
52 I DECLARE THAT I HAVE READ AND APPROVED THE ABOVE CLAUSES