Terms and Conditions
The terms and conditions set out below govern the contract of sale between the user (hereinafter also referred to as the 'Purchaser') of the e-commerce platform on the website www.latuta.com (hereinafter also referred to as the 'E-shop') and Casa Della Tuta S.r.l., with registered office in Turin (TO), Galleria Umberto I n. 19, postcode 10122 - VAT no. 03785080015, REA number TO-588069, Turin Business Registry no. 03785080015 (hereinafter also referred to as the 'Seller').
Therefore, please read the terms and conditions (hereinafter also referred to as the 'Conditions') carefully before using the e-commerce platform on www.latuta.com
Index:
- Registration Form
- Content of the General Terms and Conditions of Sale
- Parties of the Contract
- Completion of the Contract
- Purchase of Products
- Delivery of Goods
- Prices and Shipping Costs
- Payment Methods
- Invoicing
- Warranty Statement
- Content Uploaded by Users
- Industrial and Intellectual Property Rights
- Withdrawal and Returns
- Exclusion of the Right of Withdrawal
- Limitation of Liability
- Applicable Law and Competent Court
Registration Form
In order to use the features of the e-shop, users must register by providing, truthfully and completely, all the data requested in the registration form and fully accept the policy on the management of personal data (Privacy Policy) and these Conditions. The user is responsible for the safekeeping of their access credentials. Casa Della Tuta S.r.l. cannot be held responsible in case of loss, diffusion, theft, or unauthorised use by third parties, for any reason whatsoever, of the Users' access credentials.
Parties of the Contract
The purchase of one or more products through the E-shop is allowed both to users who are consumers and to users who are not consumers.
Pursuant to art. 3, paragraph I, letter a) of Italian Legislative Decree no. 206/2005 ('Consumer Code'), we remind you that natural persons who, in relation to the purchase of products, are acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity carried out, qualify as consumers. Natural persons are allowed to purchase products only if they are at least eighteen years old.
Completion of the Contract
All product information on www.latuta.com, such as technical specifications, images, dimensions and/or compatibility details, are not binding and are subject to change at any time, unless expressly identified as binding.
In the event that the Purchaser is misled by the aforementioned indications when making a purchase, they may exercise the right of withdrawal set out in the Withdrawal and Returns paragraph.
The offers on www.latuta.com are not binding for the Seller and do not constitute an offer to the public, but merely an invitation to propose.
The Purchaser's purchase order constitutes a binding contractual proposal and is finalised by completing the purchase operations on the relevant page of the shopping cart in the E-Shop.
The purchase order is accepted by the Vendor with an order confirmation sent by e-mail, which contains a description of the characteristics of the product ordered, the essential elements of the contract (price, payment method) and the procedures for correcting the message containing the order.
The contract is concluded when the Buyer receives confirmation of the order from the Seller. The order and the order confirmation are considered to have been received when the parties they are addressed to have access to the telematic messages.
If the Purchaser does not receive confirmation of the order from the Seller or any other communication from the Seller within 48 hours of placing the order, the Purchaser must promptly contact the Seller at: info@latuta.com
Purchase of Products
The Products displayed in Latuta's catalogue may be purchased by first selecting them and then placing them in the shopping cart.
Once the selection of products has been completed and the Purchaser wishes to proceed with the purchase of the items placed in the shopping cart, the Purchaser will be asked to provide the data required on the site in order to allow the Contract to be executed.
In particular, the Purchaser will be asked to provide, in a specific section of the site, their personal data, their e-mail address, their address, as well as the address where the products will be delivered (if different from the first one), and a telephone number where they can be contacted in order to inform them about the delivery date of the Products.
Delivery of Goods
The Seller will deliver the selected and ordered products to the Purchaser at the address indicated by the latter, according to the methods provided for in the previous articles, by means of trusted couriers and/or forwarding agents. Delivery will take place within 7/10 working days. Upon receipt of the goods, the Purchaser is required to check the conformity of the product delivered to them with the order placed and is required to inform the Seller of any problems without delay by writing to e-mail:info@latuta.com. Only after this verification should the delivery documents be signed, except of course for the right of withdrawal provided for in the clause relating to the paragraph 'Withdrawal and returns'. The Seller shall not be liable for any delay or non-delivery of the goods due to force majeure such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevent, in whole or in part, the execution of the contract within the agreed time. The Seller shall not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the aforementioned reasons, the Purchaser only having the right to a refund of the price paid.
Prices and Shipping Costs
The sales prices of the products in the e-shop include VAT. Discounts may be granted on the invoice for certain quantities and types of goods. The shipping costs that will be applied are:
- for international deliveries use DPD;
- delivery prices and times vary depending on your location, please, follow the checkout process for exact costs and estimated delivery times. Due to Brexit, UK customers may be charged additional fees by their own customs. These costs are indicated separately both before the order is sent and in the order confirmation sent by e-mail.
Payment Methods
Payments accepted by Casa Della Tuta srl through the site www.latuta.com are as follows:
1 - Payments by Credit/Debit Card
Casa Della Tuta accepts all major Credit/Debit cards and guarantees a secure payment system, in accordance with national and international standards in force at the time.
Casa Della Tuta uses third party tools to process payments and does not in any way come into contact with the payment details provided (Credit/Debit card numbers, names of holders, passwords, etc.). If the third-party instruments should deny authorization for payment, Casa Della Tuta will not be able to supply the products and will not be responsible for any delay or non-delivery.
2 - Advance bank transfer
By bank transfer specifying the order number issued by the system in the reason for payment.
Payment must be made to the following bank details:
IBAN: IT46V0200801102000000903145
BIC / SWIFT: UNCRITM1AA2
By accepting the Conditions, the Purchaser undertakes to make payment by bank transfer within 3 days at the latest, failing which the order shall be cancelled.
3 - Payment in cash
Payment in cash can only be made if you choose to collect the goods from our premises, Casa della Tuta srl, Galleria Umberto I 40, 10122, Turin, Italy.
Payment in cash is not available for orders requiring customisation.
Invoicing
Indirect electronic sales (indirect e-commerce), characterised by the physical delivery of products through traditional channels (post, courier, etc.) to consumers, can be traced back to mail-order sales and therefore without the obligation to issue an invoice, unless the same is requested by the consumer no later than the time the sale is made, as provided for in Article 22 of Presidential Decree No. 633 of 1972 and without the obligation to issue a receipt, as provided for in Article 2 of Presidential Decree No. 696 of 21 December 1996.
The commercial invoice shall be sent to the Consumer purchaser if requested before the order is shipped, it being understood that in order to request the invoice, they must fill in the "Fiscal Code" field in addition to the mandatory fields.
In order to receive the invoice, Purchasers other than consumers must fill in the "Company", "Tax code", "VAT number" and "Recipient code" fields in addition to the mandatory fields.
The information provided by the Purchaser, which the Purchaser declares and guarantees to be true, shall be used as the basis for issuing the invoice, releasing to the Seller all further indemnities in this regard.
Warranty Statement
All products that fall into the category of "consumer goods", as regulated by art. 128, paragraph 2 of the Consumer Code, sold through the E-shop are covered by the legal guarantee of conformity foreseen by articles 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for consumers; therefore, it applies only to users who have made the purchase on the E-shop for purposes unrelated to any entrepreneurial, commercial, artisan or professional activity carried out.
The Seller is liable for any lack of conformity that becomes apparent within 2 years from delivery of the goods.
For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist (a) they are fit for the use for which goods of the same type are ordinarily used; (b) they conform to the description made by the Seller and possess the qualities of the goods which the Seller has presented to the Consumer as a sample or model; (c) have the quality and performance that are customary for goods of the same type, which the Purchaser can reasonably expect, taking into account the nature of the goods and, where applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or their agent or representative, in particular in advertising or on the labelling; (d) are also suitable for the particular use desired by the Purchaser and that has been brought to the knowledge of the Seller by the latter at the time of the conclusion of the contract and that the Seller has accepted, even by conclusive facts.
The Consumer purchaser loses all rights if they do not report the lack of conformity to the Seller within the term of 2 months from the date on which the defect was discovered.
Notification is not necessary if the Seller has acknowledged the existence of the defect or concealed it.
In any case, unless proven otherwise, it is assumed that the lack of conformity that becomes apparent within 6 months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
In the event of a lack of conformity, the Consumer purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller, pursuant to Article 130, paragraph 4, of the Consumer Code.
Industrial and Intellectual Property Rights
The Seller declares to be the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the E-shop and/or the materials and contents available in it.
The Purchaser can use the E-shop and the materials and contents therein only for personal and non-commercial use.
These terms and conditions do not grant the purchaser any licence to use the E-shop and/or the single contents and/or materials available therein.
Any other use or reproduction of the e-shop or the materials or contents therein is strictly prohibited.
All trademarks, whether figurative or nominative, and all other distinctive signs, trade names, service marks, word marks, trade names, illustrations, images and logos appearing in the e-shop are and remain the exclusive property of the Seller or its licensors and are protected by current trademark laws and relevant international treaties.
Any reproduction in any form of the explanatory texts and contents of the e-shop, if not authorised, will be considered an infringement of the Seller's intellectual and industrial property rights.
Withdrawal and Returns
If the Purchaser acts as a consumer and is not satisfied with the purchase for any reason, they have the right to withdraw from the contract without penalty and without specifying the reason, within 14 days from the date of delivery of the product. In order to withdraw from the contract, the Purchaser must contact the Seller at the e-mail address info@latuta.com or by calling the "Customer Service" on +39 011-4360773 or by completing and sending the "Withdrawal Form" pursuant to Annex 1, letter B, of Legislative Decree 21/2014 (downloadable at this link). The Purchaser will be informed of the procedures concerning the return of the Product. In the event of withdrawal, the Seller will reimburse the payments received from the Buyer, as well as the delivery costs without delay and, in any case, within 14 days from the day on which the Buyer communicated they wish to withdraw from the Contract, after verification and quality control carried out by the Seller at the time of the return of the goods. The Seller will reimburse the Purchaser using the same payment methods used by the latter for the purchase on the E-shop. In the event of withdrawal, the Purchaser must return the products using a carrier of their choice and at their own expense, without undue delay and in any case within 14 days from the date they communicated their decision to the Seller. It is understood that the Buyer is responsible for the integrity of the product as long as the same is in their possession and shall take all appropriate measures to preserve the product and do everything possible to ensure that the product is returned in the best possible condition, including the original undamaged packaging, instruction manuals, accessories, any separate items and any other components. The Seller will not consider requests for returns if the returned product is found to be malfunctioning due to misuse, neglect, physical, aesthetic, or superficial damage or alteration, tampering or improper maintenance or wear and tear.
Exclusion of the Right of Withdrawal
Under Article 49, letter m) of the Consumer Code, Casa Della Tuta s.r.l. informs you that the choice of one or more customisations of the product determines the loss of the right of withdrawal.
The User agrees to indemnify and hold harmless the Seller (and any of its subsidiaries, affiliates, representatives, contractors, consultants, directors, agents, licensors, partners, and employees) from any obligation or liability, including any legal fees incurred in defending itself in court, arising out of damages caused to other users or third parties in connection with the Content uploaded, violation of the terms of the law or the terms of these Conditions. Therefore, the Seller shall not be liable for: (i) any losses that are not a direct consequence of Seller's breach of the Contract; (ii) any loss of business opportunity and any other loss, including indirect loss, that User may suffer (such as, without limitation, commercial losses, loss of revenue, income, profits or deemed savings, loss of contracts or business relationships, loss of reputation or goodwill value, etc.); (iii) damages or losses caused to the User or to any third party in connection with any uploaded Content, breach of law or the terms of these Conditions. (iii) damages or losses deriving from interruptions or malfunctions of the E-shop due to events of force majeure or, in any case, to unforeseen and unforeseeable events beyond the vendor's control, such as, by way of example and not limited to, breakdowns or interruptions of telephone or electricity lines, the internet and/or other transmission instruments, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of products, services or applications of third parties; (iv) incorrect or unsuitable use of the E-shop by users or third parties; (v) the issue of incorrect tax documents due to errors in the data provided by the user, the latter being solely responsible for its correct entry.
Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be found on page https://www.iubenda.com/privacy-policy/41642262
Applicable Law and Competent Court
These Conditions and all disputes relating to the execution, interpretation and validity of this contract are subject to Italian law and the exclusive jurisdiction of the Court of Turin. If the Purchaser is a consumer pursuant to art. 3 of the Consumer Code, the mandatory territorial jurisdiction is that of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State, without prejudice to the right of the Consumer purchaser to refer to a judge other than the "consumer forum" pursuant to art. 66 bis of the Consumer Code.