General information for the buyer|
1. Scope of application
2. Conclusion of contract
3. Right to withdrawal
4. Prices and terms of payment
5. Delivery and shipping terms and conditions
6. Applicable law, Court of jurisdiction
7. Information on online dispute resolution
1) Scope of application
1.1 These general terms and conditions (hereinafter "General terms and conditions") of the company Talia (hereinafter "seller") apply to all the contracts entered into by a consumer or by a professional (hereinafter "customer") with the seller, in reference to the goods and/or the services for sale in the seller's online shop. These terms and conditions exclude the application of the customer’s own provisions except in the case of specific agreements.
1.2 Under these general terms and conditions, "consumer" means any natural person who conducts a legal transaction for purposes that do not fall within the framework of his/her independent commercial or professional activity. "Professional" means any natural or legal person or incorporated partnership who, when conducting a legal transaction, acts for purposes related to his/her/its autonomous commercial or professional activity.
2) Conclusion of Contract
2.1 The descriptions of the products present in the seller’s online shop constitute binding offers by the seller.
2.2 The customer can accept the offer via the order form available in the seller's online shop. If the order is made via the online order form, after entering the personal information, the customer, by clicking on the confirmation button at the end of the purchasing process ("Send order"), provides legally binding acceptance of the contract offer in relation to the goods placed in his/her cart.
However, the offer may only be accepted if the customer, by ticking the appropriate box under the text: "I expressly declare that I have read and that I accept the general terms and conditions of sale", confirms that he/she accepts the contractual terms and conditions.
2.3 The seller sends the order confirmation to the customer via mail or email.
2.4 In case of acceptance of an offer via the seller's online order form, the text of the contract will be saved by the seller and sent to the customer after the relative order has been sent, together with the text of the general terms and conditions (e.g. via email, PEC or letter). The text of the contract will also be filed on the seller's Internet site and the customer will be able to access it free of charge through his/her password protected account, entering the relative login data, provided that the customer has created an account in the seller's online shop before sending the order. In any case the seller will send the customer an order confirmation, indicating the possibility of downloading and printing the general terms and conditions through the "print" function.
2.5 Before the binding forwarding of the order via the seller's online order form, the customer may correct his/her data at any time through the normal mouse and keyboard functions. Moreover, before the binding transmission of the order, all the data will be displayed in a confirmation window, where they can still be modified using the normal mouse and keyboard functions.
2.6 If the customer is acting as a consumer, Italian is the only language available for drawing up the contract.
3) Right to withdrawal
3.1 Consumers are entitled to exercise the right to withdrawal.
The Buyer has the right to withdraw from the contract, without providing reasons, within 14 days from the date of purchase. The withdrawal period expires after 14 days from the day on which the buyer or a third party, other than the carrier and the designated buyer, acquires physical possession of the goods.
To exercise the right to withdrawal, the buyer must inform us of his/her decision to withdraw from the contract, sending us an explicit statement via paper letter sent by regular mail or via email (the addresses are posted on the top right of each page of www.taliaessenze.com).
To comply with the withdrawal period the buyer only has to send the communication concerning the exercise of the right to withdrawal before the legally useful period expires.
In accordance with Article 55, second paragraph, of the Consumer Code, the Customer will not have the right to withdrawal in the following cases:
Moreover, the right to withdrawal cannot be exercised by the Customer if the product is not intact, i.e.:
|supply of specially manufactured or customised products (e.g. third party productions) or those that, by their nature, cannot be reshipped or risk deteriorating or changing rapidly;
Talia will reimburse the amount paid by the Customer net of the shipping costs (art. 5, paragraph 7, Italian Legislative Decree no. 185 of 22/05/1999) within 15 days from receipt of the communication of withdrawal; said reimbursements will be made using the same means of payment used by the buyer for the initial transaction, unless he/she has expressly arranged otherwise; in any case, the customer will not sustain any cost as a result of such reimbursement.
|the original packaging is missing;
|integral elements of the product are missing, like the seal, for example;
|the Customer has damaged the product.
The Buyer must send the goods back or deliver them to us c/o our headquarters without undue delays and in any case within 14 days from the day we were informed of the withdrawal from this contract.
The deadline shall be deemed to be met if the buyer sends the goods back before the 14 day period has expired.
Shipping costs for any product returns will always be paid by the user.
| always indicate the number of the order to which the returned item refers;
| in the case of partial withdrawal, indicate the code of the item or items you intend to withdraw from.
You must be present at the shipping address in order for the ordered goods to be delivered. The tracking info is automatically transmitted via email by the courier on the day of shipment.
We are not responsible for any delays caused by the transport company.
By contract, two delivery attempts are made, after which the shipment is held at the courier's local depot for ten days before being returned to sender; hence it is especially important that there is normally someone at the address provided by the Buyer during the order process who can accept the package.
We also remind you that any warehouse costs due to incorrect or incomplete communication of the address and/or repeated absence of the recipient shall be charged to the recipient; moreover, the goods are delivered to street level.
Orders are processed right after verification of the actual availability of the product and verification of payment made. In case of errors of any kind on our part, the amount charged to your credit card will be reimbursed immediately.
Any claims may be sent to Talia within ten days from receipt of the goods, choosing one of the following methods:
The following should always be indicated in the claim: reason for the claim, order number and buyer's business name.
|Registered letter with return receipt
4) Prices and terms of payment
4.1 Unless indicated otherwise by the seller in the product description, the prices indicated by the seller are final prices and are inclusive of the taxes applicable by law.
Any additional shipping and delivery costs will be indicated separately in the descriptions of the respective products.
4.2 The customer has several payment methods available that are clearly indicated on our site (direct link: Terms of payment and shipment).
4.3 If advance payment is chosen/agreed on, the balance must be paid when the contract is entered into.
4.4 Payments made via "PayPal" (with or without credit card) will be managed through PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, at the terms and conditions of use available on the website
5) Delivery and shipping terms and conditions
5.1 Goods are shipped via express courier to the address indicated by the customer.
The order is processed based on the indicated shipping address.
5.2 If the courier sends the goods back to the seller when delivery to the customer is not possible, the costs of the unsuccessful delivery will be charged to the customer. This does not apply if the customer exercises the right to withdrawal where the circumstance that made delivery impossible is not the customer’s fault or if the latter was temporarily unable to accept the offered service, unless the seller informed him/her of the execution of such service with adequate advance notice.
5.3 Except in the case of specific agreements, pick up by the customer is not envisaged.
6) Applicable law, Court of jurisdiction
6.1 If the customer acts as consumer in accordance with point 1.2, the law of the country where the customer usually resides applies for all legal relationships between the parties, except for the United Nations Convention on contracts for the international sale of movable assets. The sole court of jurisdiction for all disputes arising from this contract is the customer’s place of domicile.
6.2 If the customer acts as a professional in accordance with point 1.2, the law of the country where the seller has its registered office applies for all legal relationships between the parties, except for the United Nations Convention on contracts for the international sale of movable assets. The sole court of jurisdiction for all disputes arising from this contract is the place where the seller’s registered office is located.
7) Information on online dispute resolution
The European Commission has set up a platform for online dispute resolution, available online at the following link: https://ec.europa.eu/consumers/odr
This platform is the reference point for the out-of-court settlement of disputes arising from online sales and services agreements that the consumer is involved in.