Terms and Conditions of Sale

INTRODUCTION

These general terms of online sale (hereafter "GTS") regulate the sale contract (hereafter, the "Contract") of the products (hereafter, the "product" or the "products") offered by Giulio Tanini S.p.A. – fully paid-up Share Capital of €1,000,000, based in Florence: Via Maragliano, 155 – 50144 Florence, Tax Code and VAT Number 01791300484, registered at the Economic & Administrative Index c/o the Chamber of Commerce, Industry, Crafts and Agriculture no. 304368 (hereafter, "Ex-t") – by way of its Internet website https://shop.ex-t.com/ (hereafter, the "Website") to users of the website (hereafter, the "Customers" or the "Customer").

These general terms of sale are understood to refer only and exclusively to customers qualified as “consumers” in accordance with Art. 3, Paragraph 1, Letter a) of Italian Legislative Decree 6 September 2005, no. 206, i.e. "individuals acting for purposes extraneous to any business or professional activity performed".

All information contained on the website is in Italian and English. The customer declares to have read all the aforementioned information and general terms of sale, prior to making the order.

The customer, before making the order for the product, declares that the purchase of that product is not directly related to his/her professional activity, with the purchase being intended for personal use.

The customer also declares to have the legal capacity to commit him or herself in accordance with the provisions of these general terms.

1 - Subject

These general terms of sale define the rights and obligations of the parties in the context of a distance sale of goods offered in the online store https://shop.ex-t.com/

2 - Territory and Coverage of the Offer

The following general terms of sale refer to sales made to consumers of any country of the world.

3- Contractual Documents

This contract is made up of the following documents:

• these general terms of sale

• the order confirmation

The photographs that illustrate the products on the website do not fall within the contractual scope and are only used for descriptive purposes.

4 - Order Receipt

Any order confirmation marked by the validation click constitutes an irrevocable commitment by the customer which may be questioned only in the cases provided for by this contract in the articles "Right of Withdrawal" and “Execution of Order”.

5 - Order Acceptance

The contract will be concluded only upon confirmation of the order by Ex-t.

The customer will receive by e-mail a notice of receipt containing the order confirmation with all elements constituting the contract (including ordered products, prices, delivery date, shipping costs).

Ex-t reserves the right not to confirm an order for any reason relating in particular to a problem in procuring products, or a problem regarding the order received.

Ex-t may not be held liable for delivery errors due to inaccuracies or incompleteness in compiling the purchase order by the customer. Ex-t may also not be held liable for damages that may occur to products after delivery to the carrier instructed to transport them as well as for delivery delays attributable to the latter.

6 - Product Availability

The offers contained on this website are valid for as long as the listed products remain online and until stocks are depleted.

Ex-t also reserves the right to communicate to the customer, within 20 days from the purchase date, to the e-mail address associated with his/her profile, any unavailability of one or more of the purchased products. Where a product that is no longer available is purchased, Ex-t will proceed with the refund (to the payment card or PayPal account indicated by the customer for the purchase or by bank transfer, the details of which are understood to be communicated after registration) of the price and shipping costs incurred by the customer. The unavailability of one or more ordered products will not, however, entitle the customer to cancel the entire order.

7 - Prices - Invoice

Prices are shown in Euros and include VAT at 22%. Companies with VAT numbers registered in a member state of the EU and non-EU citizens and companies, as well as Swiss and Norwegian citizens, can purchase on Ex-t without Italian taxes being applied. It is understood that customs duties of the respective countries of destination are charged to the customer.

The price guaranteed to the purchaser is that published on the website at the time of sending the order.

The product prices are final. They do not include any delivery costs, which will be indicated in the order confirmation. The initial price to which the discount is applied is the official list price provided by the brand.

8 - Payment

Any customer intending to proceed with the purchase of the products must show that intention by way of a request made directly on the website, in the special dedicated section, where, by following the procedures indicated therein, he/she will send the purchase order and make the payment.

Payment of the fee is due at the time of the order. The customer undertakes to pay the agreed price for the ordered product on the website (price of products and transportation) by way of the available payment methods.

The customer guarantees to Ex-t that he/she holds any authorisations that may be necessary to use the payment instrument indicated at the order stage.

Where Ex-t does not receive the payment, Ex-t reserves the right to cancel the order. In the case of payment by credit card, Ex-t reserves the right to request the transmission, within 24 hours, of a copy of the identity document proving actual ownership of the credit card used, it being understood that, in the absence of the requested transmission, Ex-t may refuse the payment and cancel the order.

The details relating to the payment will be processed by way of a secure server-to-server connection via the SSL Protocol (Secure Sockets Layer).

9 - Transfer of Risks

The transfer of risks to the customer occurs upon delivery of the products to the carrier by Ex-t. During the withdrawal period cited in Article 13, the customer is responsible for the items in the capacity of custodian. In the case of damage or destruction of the product during the custody of the customer, the latter will suffer all the consequences.

10 - Execution of Order

The order will be executed in the timescales specified on the Website and upon acceptance of the order by Ex-t and in any case within 30 days from the order confirmation with the reserve of availability of the ordered product, unless specifically otherwise agreed between the parties.

In the event of stock depletion or unavailability of the ordered product, Ex-t undertakes to inform the customer as soon as possible and to specify any renewed availability period.

See Art.6 relating to product availability.

 

11 - Delivery

The geographic area of delivery corresponds to the geographic area of coverage of the offer. Deliveries are made from Monday to Friday.

The products are delivered to the address indicated by the customer. The delivery is understood to be made at street level, or to the floor, where the courier used provides that service. The details will be specified by e-mail at the time of shipping the order. Ex-t does not provide an installation service for the products sold.

Ex-t undertakes, except as provided in Art. 6, to deliver the products to the address communicated by the customer in the purchase order, by way of the carrier instructed to transport the same. Ex-t may not be held liable for delivery errors due to inaccuracies or incompleteness in compiling the purchase order by the customer. Ex-t may also not be held liable for damages that may occur to products after delivery to the carrier instructed to transport them as well as for delivery delays attributable to the latter.

The delivery is made by courier selected by Ex-t.

The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product will constitute evidence of transportation and release of the goods.

Upon delivery, the customer must check the content, conformity and condition of the product(s).

In the event of delays, failures, total or partial losses or other problems, the customer is entitled to file a complaint with the carrier without any liability being attributed to Ex-t.

Therefore, upon delivery Ex-t advises the customer to proceed to verify the condition of the delivered products before signing the document of receipt.

Where anomalies are found, the customer must refuse delivery of the products or put into writing his/her detailed and dated reserves. Those reserves must be confirmed to Ex-t within 3 working days of delivery of the products in the methods indicated at the Returns & Withdrawals page of the website.

12 - Collection of Products in absence of Customer

In cases of non-delivery due to the absence of the recipient, the carrier will leave a notice of missed delivery at the delivery address specified by the customer. If the recipient is absent also at the second delivery attempt, the products must be collected from the address and in accordance with the methods indicated by the carrier.

If the goods are not collected within the term established by the carrier, the products will be returned to Ex-t which reserves the right to refund the price of the products, leaving the shipping costs to be borne by the customer.

13- Right of Withdrawal

The customer is entitled to withdraw from the Contract, without any penalty and without specifying the reason, after receiving the order confirmation sent by Ex-t, no later than 14 working days after receipt of the product at the address indicated for delivery.

The date set out on the delivery note acts as full evidence of receipt.

The customer may exercise the right of withdrawal expressing his/her intention to the e-mail address customercare@ex-t.com

Where the product has already been delivered, the customer is required to return it to Ex-t. To that end:

– the deadline for returning the product is fourteen days from receipt of the same; the date set out on the delivery document acts as full evidence. For the purposes of the expiry of the term, the product is understood to be returned at the time it is delivered to the accepting post office.

– where the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The customer must ship the product adequately packaged; Ex-t does not accept damaged returns, but only those kept in a normal state of conservation, stored using normal diligence. Products damaged by detergents/additives, or products damaged by the customer due to incompetence, will not be replaced or refunded. The customer must insert within the packaging box a copy of the delivery document received. The transportation risks for returning the products are held entirely by the customer.

– The costs for returning the goods to Ex-t shall be borne by the customer. Where the customer exercises the right of withdrawal in line with the provisions set out in these terms of sale, Ex-t will refund the sums paid by the customer to the credit card or PayPal account or to the bank account communicated by the customer. The return will be made free of charge, within thirty days of receipt of the goods at the Ex-t warehouse.

As laid down by Italian Legislative Decree no. 206 dated 6/9/2005 and by Art.55 of the Consumer Code, the right of withdrawal provided by these terms of sale does not apply to tailor-made or clearly customised goods or those that, by their nature, cannot be re-shipped or risk deteriorating or altering rapidly.

14 - Guarantee

In order to avoid any inconvenience, the products are subject to sample verification by Ex-t prior to being shipped. However, the customer benefits from the manufacturer’s guarantee which is valid for 30 days after delivery, provided that normal use is made of it in compliance with the recommendations set out in the documents attached to the products and in the respective instruction manuals.

In any case, the products sold benefit from the legal guarantee against hidden defects provided by Articles 1641 et seq. of the Italian Civil Code.

The latter does not cover damages, breakages or malfunctioning due to lack of respect of the precautions of use.

To activate the guarantee, the customer must return the product to Ex-t at his/her own expense attaching to it the original invoice.

The product will be exchanged with an identical product sent to the customer at the expense of Ex-t, except in the case of a stock shortage or discontinued production of the range offered by Ex-t. In this latter case, Ex-t will proceed to reimburse the price of the product to the customer.

15. Use of the Website

The product descriptions and the images contained on the website correspond to what is made available by the suppliers of Ex-t to Ex-t itself. The photographs and videos presenting the products accompanying the descriptive information are published on the website by way of description, taking account of the fact that the quality of the images, including the exact display of colours, may depend upon software and computer tools used by the customer upon connecting to the website. Ex-t does not accept any liability in relation to problems caused to the customer by use of the website and the technologies used, over which it has no control.

16. Intellectual and Industrial Property Rights

Ex-t notes that the website, along with all trademarks and distinctive signs used in relation to the sale of the products offered, are protected by the applicable intellectual and industrial property rights and that any type of reproduction, communication, distribution, publication, alteration or transformation is prohibited, in any form and for any reason that it occurs. Ex-t reserves the right to take legal action to protect those aspects. Ex-t does not accept any liability in relation to the trademarks and other distinctive signs that appear on products sold on its website, with respect to which the customer does not acquire any right as a result of concluding the Contract.

17. Personal Data Protection

Ex-t is the controller of the personal data collected at the time of registration to the website, as well as that communicated later upon the purchase by the customer, with the exception of data relating to the payment process for which reference is made to the banking institutions via which the transaction is made. For information relating to personal data processing, therein including the rights set out in Art. 7 of Italian Legislative Decree no. 196/03, please refer to the detailed information notice already provided at the time of registration to the Website https://shop.ex-t.com/ or available here.

18 - Electronic Signature

The “validation click” constitutes an electronic signature. This electronic signature has the same value between the parties as a manuscript signature.

19 - Entirety of the Contract

These general terms of sale constitute the entirety of the obligations of the parties. No other general or special term communicated by the customer may be inserted or go beyond these general terms.

20 - Invalidity

Where one or more provisions of these general terms is considered invalid or declared such in application of a law or regulation or as a result of a final decision rendered by a court with jurisdiction, the other provisions retain all their force and value.

21. Communications

For any communication, please contact Ex-t at the following details:

GiulioTanini S.p.a.

Via Maragliano, 155

50144 Florence

Tel. +39.055.3457182

email: customercare@ex-t.com

22. Applicable Law

The sale contract between the Customer and GiulioTanini S.p.a. is understood to be entered into in Italy and regulated by Italian law.