Terms & conditions

  1. INTRODUCTION

This document (together with the documents referred to herein) sets forth the terms and conditions governing the use of this website (shop.mstina.it) and the purchase of products herein (hereinafter the “Terms”).

Please read these Terms and Conditions, the Cookies Policy and the Privacy Policy (collectively the “Privacy Policy”) carefully before using this website. We inform you that the use of this website or the transmission of an order through it implies acceptance of these Conditions and of the Data Protection Policy, so if you do not agree with all of these Conditions and the Data Protection Policy, please do not use this website.

For any request, doubt or question relating to the Conditions and the Data Protection Policy, you may contact us using the contact details.

  1. OUR DATA

The sale of products through this site is managed by MS TINA SAS di Tinazzi Marcel e C., with registered office in Vallà di Riese Pio X° (TV), via E. Minato n. 22 , P.IVA 02212980268, telephone number 0423 746454 e-mail address info@mstina.it

  1. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE

The information or personal data provided by you will be processed in accordance with the Data Protection Policy. By using the website, you authorise us to process such information and personal data and you represent that all information and/or personal data provided to us is accurate and true.

  1. USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:

(i) to make use of the website only to make legally valid consultations or orders;

(ii) not to place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we shall be entitled to cancel it and inform the relevant authorities;

(iii) provide us with your e-mail address, postal address and/or other contact details truthfully and correctly.

truthfully and correctly. Similarly, you consent to us using this information to contact you (if necessary, please see our Privacy Policy).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal authority to enter into binding contracts.

  1. SERVICE AVAILABILITY

The items offered through this website are available for delivery worldwide.

  1. HOW THE CONTRACT IS CONCLUDED

The information in these Terms and the details contained on this website do not constitute an offer to the public but merely an invitation to make a contractual proposal. No contract will exist between you and us in relation to any products until your order has been expressly accepted by us. If your offer is not accepted and a debit has already been made to your account, the amount of the debit will be returned to you in full.

To place an order, you must follow the online purchasing process and click on “Authorise payment”. You will then receive an e-mail confirming receipt of your order (the “Order Confirmation”). It is understood that this does not imply acceptance of your order as it constitutes an offer that you make to us for the purchase of one or more products. All orders shall be subject to our approval, of which you will be informed by an email confirming that the order is being shipped (the “Shipping Confirmation”). Your order details will be summarised in the Dispatch Confirmation. The contract for the purchase of a product between us and you (the “Contract”) will only be concluded when we send you the Dispatch Confirmation.

Only the products indicated in the Dispatch Confirmation shall be the subject of the Contract.

  1. AVAILABILITY OF PRODUCTS

All orders for products are subject to product availability. Accordingly, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any sums already paid by you.

We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on this website.

We accept no liability to you or any third party for the removal of any product from this website or for the deletion or modification of any material or content on the website.

  1. DELIVERY

Without prejudice to the provisions of article 7 above and except in the event of extraordinary circumstances, we undertake to do everything within our power to deliver the order of the product(s) indicated in the relevant Confirmation of Dispatch within 72 hours, in the case of dispatch to a European Union country, and within 7 working days in all other countries and, in any event, within a maximum period of 30 days from the date of the Order Confirmation.

However, delays may occur for various reasons such as customisation of products, unforeseen circumstances or the delivery area.

If for any reason we are unable to meet the delivery date, we will inform you and give you the options of continuing the purchase with a new delivery date or cancelling the order and refunding the full amount paid. Please note that we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Terms and Conditions, “delivery” shall be deemed to have taken place, i.e. the order shall be deemed to have been “delivered” when you or a third party indicated by you have acquired material availability or control of the products, which shall be evidenced by signing the order receipt at the agreed shipping address.

  1. IMPOSSIBILITY OF DELIVERY

If we are unable to complete the delivery of your order for reasons beyond our control, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our premises. If this is the case, we will leave you a notice stating the location of your order and how we can arrange a new delivery.

  1. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The risks relating to the products will pass to you upon delivery.

You will acquire ownership of the products as soon as we have received full payment of all amounts due in respect thereof, including shipping costs, or upon delivery (as defined in Article 9 above), whichever is later.

  1. PRICE AND PAYMENT

11.1 Price

The price of the products will be as indicated on our website from time to time, except where there is an obvious error. Although we make every effort to ensure that all prices displayed on the website are correct, errors may occur. If we find an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be cancelled and you will be refunded the full amount paid.

We shall not be obliged to supply the product(s) to you at the incorrectly stated lower price (even if we have already sent you the Dispatch Confirmation) if the error in the price was obvious and unmistakable and therefore if it was possible for you to reasonably identify it as incorrect.

The prices on the website include VAT.

The shipping costs, which are to be added to the total amount to be paid, are shown at the time of the Shipping Confirmation.

Prices are subject to change at any time; however (except where previously stated) possible changes will not affect orders for which we already have an Order Confirmation.

Once you have selected the items you wish to purchase, these items will be added to your shopping cart and the next step will be to complete your order and make your payment. To do this, you will need to follow the purchase instructions, entering or verifying the required information at each step of the purchase process and requesting an invoice if desired. In addition, you may change the details of your order at any time during the purchase process before payment.

11.2 Payment

You can pay by Visa, Mastercard, PostePay, American Express and PayPal.

In case of payment by credit card, the actual debit of the order amount will only take place when the order is complete and ready for shipment.

If the payment method you have chosen is PayPal, the charge will be made when the order is confirmed.

By clicking on “Authorise Payment” you confirm that the credit card is yours.

Credit cards are subject to verification and authorisation by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to enter into a Contract with you.

  1. VAT (VALUE ADDED TAX)

In accordance with the legislation in force, any purchase made through the website will be subject to subject to Value Added Tax (VAT).

  1. RETURNS/EXCHANGES POLICY

13.1 Right of withdrawal by law

Right of withdrawal

If you are contracting as a consumer, you shall be entitled to withdraw from the Contract within a period of 14 days without giving any reason.

The withdrawal period referred to in the preceding paragraph shall end after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the goods or, in the case of multiple goods ordered in one order and delivered separately, shall end after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good.

In order to exercise the right of withdrawal, you must inform us by writing to MS TINA SAS di Tinazzi Marcel e C., with head office in Vallà di Riese Pio X° (TV), via E. Minato n. 22 , P.IVA 02212980268, by telephone at 0423 746454 , by sending an e-mail to info@mstina.it writing of your decision to withdraw from the Contract by means of an explicit declaration (for example letter sent by post or e-mail).

In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

Effects of withdrawal

If you withdraw from the Contract, you will be refunded all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we were informed of your decision to withdraw from the Contract. Such refunds will be made using the same means of payment as you used for the initial transaction. In any event, you will not incur any costs as a result of such refund. Notwithstanding the foregoing, the refund may be suspended until we have received the goods or until you have demonstrated that you have returned the goods, whichever is the earlier.

You are kindly requested to return the goods or deliver them to MS TINA SAS di Tinazzi Marcel e C., with registered office in Vallà di Riese Pio X° (TV), via E. Minato n. 22 , P.IVA 02212980268, without undue delay and, in any case, within 14 days from the day you informed us of your withdrawal from the Contract. The deadline is met if you return the goods before the 14-day period has expired.

You shall bear the direct costs of returning the goods.

You are only liable for any diminution in the value of the goods resulting from any handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.

13.2 Common provisions

The right of withdrawal shall not apply to a contract for the supply of one or more of the following products or more of the following products:

  1. Personalised items.
  2. sealed goods that are not suitable for return for hygienic reasons and have been opened after delivery.

Your right to withdraw from the Contract shall apply exclusively to those products returned in the same condition in which you received them. No refund will be made if the product has been used beyond opening and for products that are not in the same condition as they were delivered or if they have been damaged: we therefore invite you to take care of the products while they are in your possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the products.

After assessing the condition of the item, we will inform you whether you are entitled to a refund of the amount paid. Shipping costs will be refunded if the right of withdrawal is exercised within the time limit set and all products covered by the same delivery are returned. The refund will be made as soon as possible and in any event within 14 days of the date on which you informed us of your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until we have received the goods or until you have demonstrated that you have returned the goods, whichever is earlier. The refund will always be made by the method of payment used to make the purchase.

You will be responsible for the costs and risks of returning the products, as indicated above.

If you have any questions, you can contact us by calling 0423 746454. 

13.3 Return of defective products

If you believe that the product does not comply with the provisions of the Contract at the time of delivery, you must immediately contact us, indicating the data of the product as well as the damage suffered, by writing an email to info@mstina.it or by calling 0423 746454 and we will inform you of the procedure to follow.

You will have to return the product to the address MS TINA SAS di Tinazzi Marcel e C., located in Vallà di Riese Pio X° (TV), via E. Minato n. 22 , P.IVA 02212980268. We will proceed to carefully examine the returned product and will inform you by e-mail, within a reasonable period of time, whether we will proceed to refund or replace the product (as the case may be). The refund and/or replacement of the item will be made as soon as possible from the date we send you an email confirming that we will refund or replace the unsuitable item.

The amount paid for products that are returned due to damage or defect, if any, will be refunded in full, including the delivery costs incurred in sending the item and returning it to you. The refund will be made via the method of payment used to make the purchase.

All rights recognised by current legislation remain unaffected.

  1. LIABILITY AND EXEMPTION FROM LIABILITY

Unless otherwise provided for in these Conditions, our liability in respect of products purchased on our website shall be limited exclusively to the purchase price of the product in question. Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:

a) Personal damage resulting from our negligence;

b) Cases of fraud or fraudulent activity; or

c) Any circumstances where it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.

Notwithstanding the preceding paragraph and to the extent permitted by applicable law, and except as otherwise provided in these Terms, we will not accept any liability for consequential damages such as:

i. loss of profit;

ii. loss of turnover;

iii. loss of earnings or loss of contracts

iv. loss of anticipated savings

v. loss of data; and

vi. wasted office administration time.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through this website, except where expressly stated otherwise.

All product descriptions, information and materials appearing on the website are provided “as is” and without express or implied warranties, except those provided by law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that conform to the Contract, remaining liable for any lack of conformity existing at the time of delivery. It is understood that the products comply with the Contract if they

(i) comply with the description provided by us and possess the qualities presented on this website,

(ii) are suitable for the use for which the products are normally intended,

(iii) exhibit qualities and characteristics which are normal in products of the same type and which may reasonably be expected. To the extent permitted by law, we exclude all warranties except those that cannot be legitimately excluded in respect of consumers and users.

Our products, especially those made by hand, have the natural characteristics of the materials used in manufacture. Natural characteristics such as grain, surface texture, knots or colour variation are not to be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials should be expected and appreciated. We only select products of the highest quality but such variations are inevitable and must be accepted as part of the characteristic appearance of the product.

These provisions do not in any way restrict the rights of consumers under applicable law or your rights to terminate the Contract.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the materials or content presented as part of the Website are owned by us and by those who have licensed us to use them. You may only use such material in the manner for which you have received express permission from us or from those who have licensed us to use them. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.

  1. VIRUSES, PIRACY AND OTHER RISKS OF COMPUTER ATTACK

You should avoid any misuse of this website and avoid introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you do not have permission to do so, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You agree not to perpetrate DoS attacks against this website.

 

Failure to comply with this clause may result in violations as defined by the relevant legislation. If you do not comply with this legislation, we will inform the relevant authorities and we will work with them to identify those responsible for the attack. Similarly, if you do not comply with this Article, your authorisation to use the website will be immediately withdrawn.

To the fullest extent permitted by applicable law and in accordance with your fundamental rights as a consumer, we shall not be liable for any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer, computer equipment, data or materials as a result of your use of our website or downloading content from it or redirecting you to it.

  1. LINKS FROM OUR WEBSITE

Where our website contains links to other pages or materials of third parties, such links are provided for your information only and we have no control over the content or materials contained in such pages or sites. Therefore, we shall not be liable for any damage or loss arising from their use.

  1. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you are in writing. By using this website, you agree that most communications you exchange with us will be in electronic format. We will contact you by e-mail or provide you with information by placing notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit your rights under applicable law.

  1. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on both you and us, as well as on our respective successors and assigns.

You may not transfer or assign the Contract or any of your rights or obligations under it in any way without our prior written consent. We may freely transfer, assign, sub-contract or dispose of the Contract or any of our rights or obligations under it in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contracting or other disposition of the Contract shall not affect your rights as a consumer or in any way diminish, reduce or limit any of the warranties or liabilities offered by us, express or implied.

We shall not be liable in any way for any failure or delay in performing any of our obligations under the Contract caused by events beyond our reasonable control (“Force Majeure Events”). A Force Majeure Event is any act, event, failure to occur, omission or accident beyond our reasonable control, including but not limited to the following:

  1. Strikes, lock-outs or other labour unrest.
  1. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
  1. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
  1. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
  1. Inability to use public or private telecommunications networks.
  1. Acts, decrees, laws, regulations or restrictions of any government.
  1. Any strike, disaster or accident at sea, in the postal service or other relevant means of transport.

It is agreed that the performance of the obligations under the Contract shall be suspended for the duration of the Force Majeure Event. We shall be granted an extension for the performance of the Contract equal to the duration of such period. It is understood that, even during Force Majeure Events, we shall endeavour to find a solution by which to fulfil our contractual obligations.

  1. WAIVER

If, during the performance of the Contract, we fail to insist on strict performance of any of your obligations, or any of our obligations under these Terms and Conditions, or fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms and Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

Any forbearance on our part in the event of a breach by you shall not constitute a waiver of any subsequent breach.

No waiver by you of any of your obligations under the Contract or these General Terms and Conditions shall be valid unless made in writing in accordance with Articles 19 and 20 above.

  1. PARTIAL NULLITY

If any article of the General Conditions, or part of it, or any of the provisions of the Contract, should be judged invalid, illegal or unenforceable by the competent authority, such article, clause or provision shall be considered as not having been affixed and the other articles, clauses and provisions shall remain valid to the maximum extent permitted by law.

  1. INTEGRITY OF THE CONTRACT

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us concerning the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or written.

Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written during negotiations prior to the Contract, but only on what is expressly stated in these Terms.

Both you and we shall be entitled to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of each Contract (unless such misrepresentation was made fraudulently) and the only action the other party may take shall be for breach of Contract as set out in these Conditions.

  1. RIGHT TO CHANGE THESE CONDITIONS

We reserve the right to revise and amend these Conditions at any time.

You will be subject to the Terms and Conditions in force at the time of your order, unless a change to the Terms and Conditions or the Data Protection Policy is required to be made by law or at the request of a government authority (in which case it will also apply to orders already placed with us).

  1. APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through this website are governed by Italian law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be subject to the jurisdiction of the courts of the place of residence or domicile of the consumer.

If you are entering into the Contract as a consumer, this clause shall in no way affect your rights as a consumer under the law.

  1. COMMENTS AND SUGGESTIONS

Your comments and suggestions are always welcome.

If you, as a consumer, feel that your rights have been infringed, you can address your complaints to us via the e-mail address info@mstina.it in order to seek an out-of-court settlement of the dispute.

If the transaction between you and us took place online via our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes via the website http://ec.europa.eu/consumers/odr/.

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These general conditions apply from 01/01/2019

 

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