GENERAL TERMS OF SALE
www.tinybrush.it
Identification of the Seller
The goods subject to these general terms and conditions are offered for sale by Tinybrush di Daniele Blanco, headquartered in Bologna, Via della Guardia, 29 - 40133 Bologna, email info@tinybrush.it, P.Iva 05384140876, hereinafter referred to as "Seller".
- Definitions
1.1 "Online Sales Contract" or "Contract": shall mean the contract of purchase and sale relating to the Seller's tangible movable property, entered into between the Seller and the Buyer, within the framework of a system of distance selling by means of telematic tools, organized by the Seller and which is materialized by the Buyer's acceptance of the General Conditions, specifically by sending the order confirmation to the Seller.
1.2 "Buyer" means the natural person who makes the purchase, referred to in this contract, for purposes not related to the commercial or professional activity, if any.
1.3 "Seller": means the entity as identified above or the entity selling the goods through the Site indicated in Article 1.5.
1.4 "General Terms and Conditions": means the list of the general terms and conditions of sale contained herein and that will be applied to the Online Sale Contracts concluded on www.tinybrush.it.
1.5 "Site": means the website as well as e-commerce platform that can be reached at www.tinybrush.it. - Subject Matter of the Contract
2.1 By the Contract, the Seller sells and the Buyer purchases at a distance, through telematic means, the tangible movable goods presented and offered for sale on the Site.
2.2. The products referred to in the preceding paragraph are shown, with a picture and a detailed indication of their characteristics. - Method of entering into the Contract and acceptance of the General Conditions
3.1 The contract between the Seller and the Buyer is concluded exclusively through the Internet network in remote telematic mode, by means of the Buyer's access to the web address www.tinybrush.it, where, following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article. The Buyer is aware that in order to access the Site, it is necessary to have an Internet connection, the costs of which are borne by the Buyer according to the terms established by its connectivity vendor.
3.2 The General Conditions are valid from the day of their publication on the Site, at the following link [tinybrush.it/general-conditions] and, moreover, from the conclusion of the Contract until the delivery to the Buyer of the purchased products. They may be updated, supplemented or amended at any time by Seller, which will provide notice thereof by posting the updated version at the above link. .Such updates/changes and/or additions will be effective from the day of publication for subsequent purchases.
3.3 These General Conditions must be reviewed "online" by the Buyer, prior to the completion of the purchase process. The submission of the purchase order confirmation by the Buyer, therefore, implies their full knowledge and acceptance.
3.4 The acceptance of the Terms and Conditions of Sale must be manifested by the timely completion of the registration form by the Buyer - whose personal data are processed in the manner indicated in the Information on the Processing of Personal Data following the acceptance of the "Terms and Conditions of Sale" and the submission of the purchase form filled in by the system after the insertion of the selected products in the electronic shopping cart. Before the final submission of the order, the Buyer will be asked to check the contents of the shopping cart, with a summary of the same in which the details of the ordering party and the order, the price of the selected goods, any shipping costs and any additional ancillary charges, the method and terms of payment, the address where the goods will be delivered, and the acceptance of the order. Once the delivery address has been confirmed, it will not be possible to change it.
3.5 By clicking on "Conclude the order", the Buyer, confirms the order and declares that he/she has knowingly accepted the contents and conditions of the order in question and, in particular, the General Conditions, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer, as well as the terms of payment, declaring that he has read and accepts all the indications provided by him under the aforementioned rules, also noting that the Seller does not consider itself bound to different conditions unless previously agreed in writing.
3.6 At the moment the Seller receives the order from the Buyer, he shall send a confirmation e-mail or display a web page confirming and summarizing the order itself, in which the data recalled in paragraph 3.4 are also indicated. The confirmation email then shows: the order number, the products purchased and the delivery address, as well as other information related to the order being processed. - Terms of purchase and sale prices
4.1 The products - within the limits of their availability - prices and General Conditions present on the Site do not constitute for the consumer an offer to the public; therefore, they must always be considered indicative and subject to express confirmation by e-mail by the Seller upon payment, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the Site are indicated in Euros and are the prices in effect at the time the order is sent by the Buyer and will remain unchanged until the delivery of the order.
4.3 The prices of the products include VAT, but do not include shipping costs. Shipping charges vary depending on the shipping method and destination location selected by Buyer when placing the order and are displayed in the order summary prior to Buyer's request for order confirmation. Please refer to art. 9 of these general terms and conditions of sale.
4.5 The receipt of the order does not bind the Seller until the Seller has sent the confirmation email of payment with indication of the order number as indicated in point 3.6.
4.6 The Buyer expressly gives the Seller the right to accept even partially the order placed (for example, in the event that there is no availability of all the products ordered). In this case, the contract shall be deemed to be perfected with respect to the goods actually sold.
4.7 By accepting these contractual conditions, the Buyer expressly declares that he/she is making the purchase for purposes unrelated to any commercial or professional activity exercised. - Conclusion of the Contract
5.1 The Contract is concluded when the Buyer receives, via e- mail, formal confirmation of the order, with a communication ("Order Processing Confirmation E-mail").The Contract is concluded at the place where the registered office of the Seller is located.
5.2 The order can no longer be cancelled when you have proceeded to click "conclude order". After this step, you can only proceed with the return once the package has been received in the manner set forth in Section 13. - Delivery times and methods
6.1 The delivery of the products object of the order will take place only in the Italian territory.
6.2 The Seller will deliver the products selected and ordered, according to the methods indicated on the Site at the time of the offer of the goods and confirmed in the email referred to in paragraph 3.6.
6.2 The shipment of the products object of the order will take place within 2 (two) working days (excluding therefore Saturdays, Sundays and holidays) from the confirmation email of payment. In the event that payment for the order is made after 1:00 p.m., the period of 2 (two) business days will begin to run from the business day following payment. If the Seller is not able, for any reason whatsoever, to make the shipment within said term, it will promptly notify the Buyer by e-mail to be sent to the address provided by the latter during the purchase procedure.
6.3 At the time of delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered even in the closing tapes if present. If the goods received do not correspond to the order placed or products ordered are absent, the Buyer must report this discrepancy within 5 (five) days of receipt of the package by contacting the Seller directly by writing to the e-mail address [.] Seller may request appropriate descriptions and evidence to prove the discrepancy (e.g.photographs) and positively feedback to Buyer where it finds that the discrepancy is real and not attributable to Buyer. A partial return may also take place involving only the products shipped erroneously, provided that the same are intact and with their seals. If the Buyer requests a return for the wrongly shipped product and the correct one is shipped and the latter is not currently available, the Seller will proceed with the refund and the shipping costs will be borne by the Seller.
6.4 In the event that the delivered goods have any damage allegedly caused by transportation, the Buyer may refuse delivery and immediately notify the Seller, who will make the appropriate disputes to the shipper and arrange for a new shipment upon receipt of the redelivery of the disputed goods.
6.5 In the event that the Buyer nevertheless decides to accept the goods on delivery, despite the fact that the packaging is severely damaged and/or tampered with, in order to safeguard its rights, it must contest the unsuitability of the packaging to the courier, affixing the words "RESERVE TO CHECK GOODS BECAUSE OF ..." (indicating the reason underlying the reservation in question) on the delivery document, a copy of which it must retain, and then proceed to make an immediate report to the Seller.
6.6 If the tracking shows that the goods have been delivered, from that date the Buyer may, within the following 10 (ten) days, open a report by writing to the email address info@tinybrush.it for non-delivery. The Seller will proceed to the appropriate investigations with the shipper, if necessary acknowledging to the Buyer either a new shipment or a refund of the amount paid. - Prices and Payments
7.1. All sales prices of the products are indicated, are expressed in Euro.
7.2 The sales prices referred to in the preceding point are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the placing of the order by the Buyer and contained in the order summary web page, as well as in the summary e-mail sent following the conclusion of the purchase procedure.
7.3 The Buyer warrants to the Seller that he/she has the necessary authorizations to use the payment method chosen for his/her Order at the time of placing the Order. Payment methods provided: PayPal Account; Stripe;
7.4 All Orders are payable in Euros, including taxes and mandatory contributions. Any bank charges will be borne exclusively by the Buyer (even in the event of a refund).
7.5 The ownership of the products ordered will remain with the Seller until the full amount of the order, including shipping costs, taxes and other mandatory contributions (where applicable) are fully paid by the Buyer.If, for any reason, it is not possible to charge the amount due, the sale process will be automatically cancelled and the sale will be terminated pursuant to art. 1456 c.c. The Customer will be informed by e-mail communication.
7.6 Communications relating to the payment and the data communicated by the Customer at the time it is made take place on special secure lines and with all the guarantees ensured by the use of the security protocols provided by the payment circuits.
- Availability of Products
8.1 The Seller shall indicate on the Site for each product the number of pieces available those not available, except for the products included in the section present at the following links https://www.tinybrush.it/artisan-guild/, https://www.tinybrush.it/cobramode/.
8.2 The Seller's computer system will confirm in the shortest possible time that the order has been registered by forwarding a summary e- mail to the Buyer, pursuant to section 3.6. - Seller's Liability
9.1 The Seller assumes no liability for inefficiencies attributable to force majeure or fortuitous event.
9.2 The Seller shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control.
9.3 In case of inefficiencies related to the forwarder, the Buyer shall send a report to the Seller who will proceed to the appropriate contacts with the forwarder. In the event of loss of the package or other eventualities causing non-delivery or misdelivery, the Seller, in agreement with the Buyer will proceed either to refund or resend the order.
9.4 The Seller assumes no liability for any fraudulent and unlawful use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions according to the best science and experience at the time and according to the ordinary diligence required. - Warranties and Methods of Assistance
10.1 The Seller shall be liable for any lack of conformity that becomes apparent within the term of 2 (two) years from the delivery of the good.
10.2 In any case, unless proven otherwise, it shall be presumed that the lack of conformity that becomes apparent within 1 year from the delivery of the good already existed on that date, unless such assumption is incompatible with the nature of the good or the nature of the lack of conformity.
10.3 In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions set out below, the repair or replacement of the purchased good, a reduction in the purchase price or termination of the Contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller. The warranty does not cover products that show clear signs of tampering or failures caused by their improper use or by external agents not attributable to manufacturing defects and/or faults.
10.4 The request must be received in writing at the e-mail address [.]; in which it will be appropriate to describe the defect, including through photographs and videos as well as indicate the date of discovery of the defect itself. The Seller will inform the Buyer whether it is willing to accept his request - or the reasons preventing it from doing so - within 7 (seven) working days of receipt of the communication. Where the Seller has agreed to the Buyer's request, it shall indicate how the goods are to be shipped or returned as well as the expected time frame for the return or replacement of the defective goods. - Obligations of the Seller for Defective Products, Proof of Damage and Compensable Damages
11.1 The Seller shall not be liable for the consequences resulting from a defective product if the defect is due to the product's compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time when the manufacturer put the product into circulation did not yet permit the product to be considered defective.
11.2 No compensation shall be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from the misuse and/or erroneous use of the purchased goods, external causes (e.g., shocks, falls, etc.), carelessness, and improper use are not attributable to the responsibility of the Seller.
11.3 In any case, the damaged party shall prove the defect, the damage, and the causal connection between defect and damage, including through descriptions, photographs, and means available to the damaged party. - Obligations of the Purchaser
12.1 The Purchaser agrees to pay the price of the purchased goods in the time and manner specified in the Contract.
12.2 The Purchaser agrees, once the online purchase procedure is completed to the preservation of the confirmation of the purchase order.
12.3 The Purchaser agrees to comply with all the conditions set forth in the Contract that will be considered, already viewed and accepted by the Purchaser at the time of confirmation of the purchase order. - Right of withdrawal
13.1 According to the provisions of the Consumer Code, the Purchaser may, within the term of 14 (fourteen) working days from the date of receipt of the package containing the goods ordered, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering with any warranty seal or simply opening and/or deteriorating the same outer packaging.
13.2 The provisions relating to the exclusion of the right of withdrawal for certain categories of goods and services provided for in Article 59 of the Italian Consumer Code are unaffected.
13.3 Pursuant to Article 57 paragraph 1 of the Italian Consumer Code, the costs of return will be borne exclusively by the Buyer. Until the package is delivered to the Seller, the responsibility and custody thereof shall be the responsibility of the Buyer. Any loss or damage to the same may affect the refund.
13.4 Please note that parcels sent at the recipient's expense will not be accepted.
13.5 The Seller will refund the customer the full amount already paid for the product within 14 (fourteen) days of receipt of the notice of returncontaining the decision to exercise the right of withdrawal.The Seller reserves the right to withhold the refund until it has received the goods for appropriate verification, however, no later than 30 (thirty) days from the date of receipt of the above notice.
13.6 For orders of less than 50.00 euros, 7.00 euros will not be reimbursed as shipping costs.
13.7 The products must be returned to the Seller intact, with their original packagingand anything else supplied with them, in a condition such that they can be put back on the market (the causes of exclusion referred to in section 13.2. are recalled). If the returned products do not have the above characteristics, the return will not be accepted and the package will be sent back to the Buyer again.
13.8 The return of products beyond the legal term established for withdrawal will not be accepted. - Termination of the Contract
14.1 If the Buyer or the Seller are in default with respect to each other with respect to any of the obligations under the Contract, the fulfilling party may request its termination pursuant to art. 1453 c.c. et seq., without prejudice in any case to the right to compensation for damages.
14.2 Pursuant to art. 1456 c.c, the party that intends to avail itself of the termination shall notify the other party by registered letter with return receipt to be sent to the Seller's office mentioned above, stating the reason; the effects of the termination shall run from the date of receipt of the notice of termination resulting from the receipt returned to the terminating Party and the Buyer shall only be entitled to the return of any amount already paid. - Failure to pick up the package - termination of the contract
15.1 Picking up the shipment is a specific obligation of the Buyer Upon entrusting the order to the selected courier, the Seller will send the Buyer an email containing the shipment link. The status of the order placed and the tracking link will also always be available by accessing their personal area.
15.2 The courier will make a first attempt at delivery, in case of non-delivery it will proceed to a second attempt, unless corrections and address changes are necessary for which the Buyer will have to activate itself.
15.3 Following the second unsuccessful attempt, the package will be in storage at the shipper in the term established and indicated by the tracking page. The stock can only be released by contacting the shipper directly.
15.4 After the expiration of the stock period, the order will be returned to the Seller and the Seller will inform the Buyer that he/she can request the shipment again at his/her own expense no later than 5 (five) days after receipt of the notice.
15.5 If even in this case the Order is not claimed, the Seller will notify the Buyer that the contract is terminated as of right and will proceed to refund the amount paid by the Buyer and dismantle the package no later than 30 (thirty) days from the notice sent.
15.6 Where the Seller is not in a position to return the price paid due to incompatibility of the payment method used at purchase with an automatic credit, it will ask the Buyer to indicate the bank details on which it wishes to receive the refund. After 10 (ten) days have elapsed without receiving a response, the Seller will issue towards the Buyer a purchase voucher equal to the value of the price to be refunded With the issuance of the voucher, the Buyer shall have no other claim against the Seller. - Protection of confidentiality and processing of Buyer's data
16.1 The Seller protects the privacy of its customers and ensures the compliance of the processing of personal data with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
16.2 The personal personal data and tax data acquired by the Seller, the data controller, are collected and processed in the forms and in the manner provided by the Privacy Policy of the Site and the specific disclosures. - Protection of confidentiality and processing of Buyer's data
17.1 The Seller protects the privacy of its customers and ensures that the processing of personal data complies with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.
17.2 The personal personal data and tax data acquired by the Seller, the data controller, are collected and processed in the forms and in the manner provided by the Privacy Policy of the site and the specific disclosures. - Communications and Complaints - ODR Platform
18.1 Direct written communications to the Seller and any complaints will be considered only if sent in writing to the following email address info@tinybrush.it. The Buyer undertakes to indicate in the Site registration form his residence or domicile, telephone number and e-mail address to which he wishes communications from the Seller to be sent.
18.2 Pursuant to Article 14 of the European Regulation 524/2013, the Seller informs the Buyer that in the event of a dispute, he may lodge a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible at the following link https://ec.europa.eu/consumers/odr/. The Seller, however, invites the Buyer to use in advance the email address referred to in Article 18.1 to resolve any kind of issue. - Applicable law and competent court
19.1 This online sales contract is governed by Italian law. Any dispute relating to the interpretation and execution of this contract shall be subject to the jurisdiction of the Court of the place where the Buyer, as a consumer, has his residence.
19.2 If any of the provisions contained in this online sales contract are deemed invalid, void or unenforceable for any reason whatsoever, such provision shall be deemed severed and shall not affect the validity and enforceability of the other provisions.
