The website: https://www.trama.design/ - provided and managed by the Individual Company Pucciarini Francesca, with registered office in Via della Cerqua 3, 06134 Perugia, Italy - VAT no. 03725440543 fiscal code PCCFNC91R41G478I (hereinafter referred to as the Data Controller) - offers the Users (hereinafter referred to as the Purchasers) the opportunity to purchase Products (by way of example but not limited to: candles, design objects).
1. – General conditions.
1.1. – The Purchaser is invited to read these Terms and Conditions carefully before registering on the Site and using the relative Services.
1.2. – In order to purchase the products available on the Site, the Purchaser may decide whether to register (free of charge) or access the service as a Guest. In all cases, it will be necessary to enter first name, surname, shipping address and e-mail address to finalise the purchase.
1.3. – If, due to service interruptions beyond the control of the Data Controller, access to the Site is interrupted, transmission errors occur, or access to the Site is temporarily suspended or restricted to allow for repairs, maintenance, or the implementation of new functions, the Data Controller shall not be liable for (i) losses that are not a consequence of breach of these Terms and Conditions or (ii) for any loss of business opportunity, or (iii) for any other direct and/or indirect or consequential loss that was not reasonably foreseeable, or otherwise directly attributable to the actions and/or omissions of the Data Controller itself.
1.4. – The Data Controller shall not be liable for any delay and/or non-fulfilment of its obligations under these Terms and Conditions if the delay and/or non-fulfilment is due to unforeseeable circumstances and/or force majeure.
1.5. – Purchasers interested in further information on the products or services available on the Site that cannot be found on the Site itself may request such information from the Data Controller at the addresses indicated below.
2. – Links to other sites.
2.1. – The Site may contain links to third party sites (also inserted by Users). The Data Controller therefore declines all responsibility in relation to the connection and content of the sites linked to the Site. The Users who decide to insert a link to third party sites, as well as to visit a linked site, act in total autonomy, thus assuming any resulting responsibility, as well as the burden of adopting every precaution against viruses or other destructive elements.
3. – Registration and Access.
3.1. – The authentication credentials (e-mail address and password) used to access the site must be kept with extreme care and attention. They can only be used by the Purchaser and cannot be passed on to third parties.
3.2. – The Purchaser warrants that the personal data provided during the Account set-up procedure on the website trama.design are complete and true and agrees to hold the Data Controller indemnified against any damage, obligation to pay compensation and/or sanction arising from and/or in any way connected to the violation by the Purchaser of the rules concerning the registration to the Website or the storage of the registration credentials. It is forbidden to use an e-mail address that is not owned by the Purchaser, to use personal data and credentials of another Purchaser in order to appropriate his identity, or otherwise misrepresent the origin of other Content.
3.3. – The Account creation on trama.design is reserved for individuals with the ability to give valid consent to accept these Terms and Conditions. For minors under the age of 18, provided they are at least 14 years old, the relevant consent may be given by persons exercising parental authority who, moreover, undertake to supervise the activities carried out on the Site by the persons for whom they have given consent.
3.4. – It is forbidden to use the Services provided by the Data Controller: (i) in such a way as to cause or may cause, interruptions, damage and/or malfunction of the Services, or the Site, or (ii) for purposes not permitted by law, or to commit unlawful activities, or (iii) to cause disturbance, injury or apprehension to any third party. The Data Controller reserves the right to deny access to the Site and/or Services, suspend or terminate an account, or remove or edit any content on the Site if it violates any provision of applicable law or these Terms and Conditions.
4. – Reviews, comments, communications.
4.1. – The Data Controller, does not adopt prior verification systems of the Content. In any case reserves the right to remove and / or edit any Content that does not comply with the provisions of these Terms and Conditions. Except in cases where any liability is attributable to the Data Controller's failure to remove unlawful content following receipt of an appropriate notice. The Purchaser undertakes to indemnify the Data Controller against any damage arising from, or in any way connected with, contents provided by the Purchaser.
4.2. – The registered Purchaser may publish reviews, comments and other communications and submit suggestions, ideas, comments, photographs, drawings, texts, questions or other information (the "Content"). The Content shall not be unlawful, obscene, intimidating, defamity, shall not violate the privacy, intellectual and/or industrial property rights of the Data Controller and/or third parties and not be otherwise injurious ore deplorable to the Data Controller and/or third parties. The Content may not be or contain viruses, political propaganda, commercial solicitation, mass e-mail or any other form of spamming.
5. – Copyright.
5.1. – All Contents present and/or made available through the Data Controller Services such as products, texts, graphics, logos, images, audio and/or video files, digital downloads, data collections, software, etc. are the exclusive property of the Data Controller or its suppliers and are protected by the laws on intellectual and industrial property.
6. - Customer service.
6.1. – It is possible to request information, send communications, request assistance or make complaints by contacting the Customer Assistance Service ("Customer Service") by e-mail, to the address on the "contact" page, using the form provided on that page;
6.2. – The Data Controller will make every effort to respond to complaints within 5 (five) working days of receipt or, in any case, as soon as possible.
7. – Purchasing methods and field of application.
7.1. – The offer and sale of Products through the Site are a distance contract in accordance with Articles. 45 et seq. of Legislative Decree no. 6 September 2005, n. 206 and subsequent amendments ("Consumer Code") and Legislative Decree no. 9 April 2003, n. 70, containing the rules of electronic commerce.
7.2. – The Terms and Conditions applicable are those in force on the date the purchase order is sent and are available in English.
7.3. – In the event that, for any reason, the purchase order sent, should be immediately terminated pursuant to and for the purposes of art. 1456 c.c., the Purchaser will be informed by e-mail of the cancellation of the order. If payment has already been made, the Controller will refund the total paid amount, consisting of the Product price, the shipping costs, if applied, and any other additional cost, as indicated in the order form, in the manner and time provided in relation to the chosen payment method.
7.4. – Purchases from the site trama.design will be possible both for unregistered users (Guest mode) and by completing the registration process. Both by registering and logging in as a Guest, the Purchaser will be able, following the procedure indicated on the site, to choose the products and place the relative order, at the end of which he will receive a summary confirmation email.
The Registered User, and therefore in possession of a personal account, will be able to perform directly, in addition, the following activities: a. saving and editing of personal data; b. access to all information relating to orders and returns; c. check the order status; d. management and update of personal data at any time; e. use of dedicated services that may be activated from time to time; f. modification of consent to the processing of personal data for the transmission by the Data Controller of thematic newsletters, marketing and profiling.
8. – Mandatory information.
8.1 – In accordance with Legislative Decree 9 April 2003, n. 70 on electronic commerce, the Data Controller informs the Purchaser that: a) to conclude the purchase contract of one or more Products through the Site, the Purchaser must complete an order in electronic format and transmit it to the Data Controller, telematically, following the instructions that will appear from time to time on the Site; b) the contract is concluded when the order reaches the server used by the Data Controller; c) before proceeding to the transmission of the order, the Purchaser can identify and correct any errors in data entry by following the instructions on the Site or modify the order; d) once the order is registered, the Data Controller will send, to the e-mail address indicated by the Purchaser, a order confirmation containing: information relating to the essential characteristics of the purchased Product, a detailed indication of the price, delivery costs and any additional costs, as well as information on the right of withdrawal and, in particular, instructions for activating the withdrawal; e) the order will be archived in the Data Controller's database for the necessary time for the execution of the same and, however, within the terms of the law; the essential elements of the order will be reported in the order confirmation.
9. – Availability of Products.
9.1. – The Products offered are those illustrated in the different pages of the site at the moment in which the Purchaser places the order.
9.2. – In the Product Page there will be information regarding the availability of each Product. The availability of the Products is continuously monitored and updated.
9.3 – In the event that the Product is no longer available at the time of purchase, (e.g. concurrent purchase by several buyers of the same product), the Data Controller will immediately notify the Purchaser by e-mail of this circumstance. Alternatively and without prejudice to that right, the Purchaser may accept one of the following proposals: (a) if it is possible a re-stocking of the Product, an extension of the time for delivery, with an indication by the Data Controller of the new delivery date of the re-stocked Product; (b) if it is not possible a re-stocking of the Product, the Data Controller will refund the Purchaser the value of the ordered Product. The Purchaser must promptly notify the Data Controller of his choice when contacted by Customer Service.
9.4. – In the case of orders for several Products ("Multiple Order"), if the unavailability concerns only some of the Products of the Multiple Order - without prejudice to the rights granted to the Purchaser by the regulations in force and without prejudice to the application of Art. 9.2 above, if the unavailability concerns all the Products of the order - the Data Controller will immediately inform the Purchaser (by e-mail) who may accept one of the following proposals: (a) if it is possible a re-stocking of the Products included in the Multiple Order that have become unavailable, an extension of the delivery terms for such Products, with an indication of the new delivery term for the same; (b) if it is not possible a re-stocking of the Product and/or Products that have become unavailable, the Data Controller will refund the Purchaser the value of the Product and/or Products ordered. The Purchaser must promptly notify the Data Controller of its choice when contacted by Customer Service.
9.5. – In the event that the Purchaser avails itself of the right to terminate the contract pursuant to article 61, paragraphs IV and V of the Consumer Code, the purchase contract concerning the Product and/or the Products that have become unavailable will be partially terminated, solely for such Product(s), with the consequent return, if already paid, of the amount due in relation to such Products, including delivery costs, calculated as indicated in clause 12.6, and any other additional cost owed specifically in relation to such Products ("Partial Amount Due");
9.5.1. – Termination of the entire Multiple Order shall only be possible in the event of clear and proven accessory nature of the unavailable Products included in the Multiple Order to the other available Products included in the Multiple Order. The Partial Amount Due in respect of the unavailable Product(s) will be refunded to the Purchaser without undue delay and, in any event, within 15 working days of the placing of the order. The refund amount will be communicated by e-mail to the Purchaser. In case of payment by credit card or PayPal, the amount will be credited to the same means of payment used by the Buyer for the purchase. Any delays in crediting may depend on the bank, the type of credit card or the payment used solution.
10. – Features.
10.1. – Each Product is accompanied by an information sheet that illustrates its main features ("Product Sheet"). For the purposes of the purchase contract, the description of the Product contained in the Product Page of the trama.design website will be considered authentic.
10.2. – All the Products prices published on the Site are expressed in Euro. The price charged to the Purchaser will be the one indicated on the Site at the time the order is placed and no account will be taken of any variations (upwards or downwards) subsequent to the transmission of the same.
11. – Purchase Orders.
11.1. – In order to place a Product order through the Site, you must read, review, and understand these Terms and Conditions. By submitting your order, you will be deemed to have accepted the Terms and Conditions.
11.2 – Purchase orders and on-line payments are expressly reserved for subjects over 18 years of age, who, by confirming the order, declare to be over 18.
11.3 – In order to finalize the purchase contract of one or more Products through the Site, the Purchaser will select the Products requested, fill in the order form in electronic format and send it electronically, according to the instructions provided from time to time on the Site. The purchase order transmitted by the Purchaser is valid as a purchase proposal.
11.4 – The order confirmation sent to the Purchaser, summarizing the data of the order made by the latter, is valid as acceptance of the proposal and perfects, for effect, the contract.
11.5 – The Purchaser authorises the Data Controller to debit the payment method, indicated by the Purchaser, with the amount indicated as the cost of purchasing the Products.
11.6. – In case of payment by PayPal, the Data Controller will ship the Products only after receiving confirmation of successful payment of the Total Amount Due.
11.7. – The ownership of the Products will be transferred to the Purchaser at the moment of shipment, to be intended as the moment of delivery of the Product to the carrier.
12. – Payment.
12.1 – The Purchaser undertakes to pay the full price at the time the purchase order is sent.
12.2 – The payment may be made through the following provided methods: credit card, PayPal.
Paypal terms --> https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
12.3. – If the Data Controller does not receive confirmation that the payment made by the Purchaser has been credited, the purchase order will be rejected and the Purchaser will have to proceed with the submission of a new order.
12.4. – In case of unsuccessful transaction, the order will not be completed or created. The delivery period indicated during the purchase process will begin the day of payment.
12.5. – In case of purchase contract termination and in any other case of reimbursement, for any reason, the refund amount due to the Purchaser will be credited to the Purchaser's bank account. The credit times to the payment instrument connected to such account depend exclusively on the banking system. Once the crediting order has been placed, the Data Controller cannot be held responsible for any delays or omissions in crediting the Purchaser with the reimbursement amount, for which the latter should contact the payment services, through the customer service.
13. – Delivery.
13.1. – The Products purchased on the Site are delivered in Italy and abroad to the shipping address indicated by the Purchaser on the order form (so-called home delivery).
13.2. – At the time of shipment, the Purchaser will receive an e-mail confirming delivery to the carrier and containing the link with the tracking number to check the shipment status ("Communication of Shipment"). The Purchaser in possession of an Account can also check the shipment status through the reserved section of trama.design website.
13.3. – During the purchase process, before the Purchaser transmits the order, the terms within which the Data Controller undertakes to deliver the Products covered by the Purchaser's order shall be indicated. The terms take into account not only the delivery area, but also the possibility of the Purchaser buying several Products with the same order. Delivery terms run from the time of order transmission, unless stated otherwise. If the delivery term is not indicated, it shall in any case be within 30 days from the contract conclusion date.
13.4. – An additional cost may be charged for delivery to certain areas. This cost will also be specifically indicated in the order summary before the Purchaser submits the order.
13.5. – Shipping costs are charged to the Purchaser. The amount of the delivery costs due in relation to a specific order and which may vary depending on the place of delivery (Italy and abroad), is expressly and separately indicated (in Euros and VAT inclused), during the purchase process, in the order summary and, in any case, before the Purchaser proceeds to transmit the same, as well as in the order confirmation e-mail.
13.6. – In the event that is necessary to reimburse a Multiple Orders delivery costs, the Data Controller will reimburse the full amount of delivery costs only if the withdrawal or termination concerns all the Products of the Multiple Order.
13.7. – The delivery obligation is fulfilled by transferring the material availability or, in any case, the control of the Products to the Purchaser. Delivery is intended at street level and will be made, unless otherwise indicated, from Monday to Friday during normal office hours (from 9 a.m. to 6 p.m.), excluding public holidays.
13.8. – The Purchaser acknowledges that the collection of the Product is its precise obligation deriving from the purchase contract. In the event of non-delivery due to the absence of the addressee at the address specified in the order, the courier will leave a notice for the collection of the package at the Purchaser's premises. The Purchaser is obliged to collect the Product within 7 calendar days starting from the second day following the date of the delivery notice ("Delivery Notice"). Once the deposit days have elapsed, the Product will be returned to the warehouse of the Data Controller which, in case of no response from the Purchaser, will refund the latter the Total Amount Due if already paid, excluding shipping costs, which shall be borne by the Purchaser.
13.9. – Without prejudice to the application of the rules on the right of withdrawal, and the legal guarantee of conformity, it is the responsibility of the Purchaser to check the condition of the Product delivered to him. When the Purchaser, or a third party designated by the same and other than the carrier, takes physical possession of the Products, the Purchaser is advised to check the number of Products received and the integrity of the packaging, which must not be damaged, or wet or altered in any way, including sealing materials. The Purchaser is invited, in his own interest, to indicate any anomalies on the carrier's transport document, accepting the package with reserve.
13.10. – The receipt of the Products without reserve by the Purchaser allows him to take legal action against the courier, in case of loss or Products damage, except in case of fraud or serious fault of the courier itself and except for partial loss or non identifiable damage at the time of delivery, on condition that in the latter case, the damage is reported as soon as known and within eight days after receipt. In the event that the package shows evident signs of tampering or alteration, the Purchaser is also advised to promptly notify Customer Service.
13.11. – In the event that the purchased Product is not delivered or is delivered later than the delivery terms indicated during the purchase process and in the order confirmation, the Purchaser, pursuant to Article 61 of the Consumer Code, invites the Data Controller to make the delivery within an additional term appropriate to the circumstances. If the aforementioned period expires without the Products having been delivered to him, the Purchaser shall be entitled to terminate the contract, without prejudice to his right to compensation for damages. The Purchaser shall not be obliged to grant the Data Controller the Additional Term in the following cases: a) the Data Controller has expressly refused to deliver the Products; b) adherence to the delivery deadline indicated during the purchase process and in the order confirmation is to be regarded as essential, taking into account all the circumstances surrounding the conclusion of the contract; c) the Purchaser has informed the Data Controller, prior to the conclusion of the contract, that delivery by a specific date is essential. In Excluded Cases, if the Purchaser does not receive the Products within the delivery period indicated during the purchase process and in the order confirmation, is entitled to terminate the contract immediately, without prejudice to his right to compensation for damages.
13.12. – In any case, the Data Controller undertakes to inform the Purchaser, promptly and by e-mail, of the delay in the delivery of the Product to the courier, at the same time indicating the new delivery date, if available, and informing the Purchaser of all the remedies and protections recognised to the same.
13.13. – The Purchaser may accept, even tacitly, the New Delivery Term, without prejudice to his right to refuse delivery, to terminate the contract and to avail himself of the ordinary means of protection made available by law and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code.
14. – Right of withdrawal.
14.1. – The Purchaser who is a consumer has the right to withdraw from the purchase contract without having to provide any reason and without having to incur any costs other than those provided as below, within a period of fourteen calendar days ("Withdrawal Period"). The Withdrawal Period expires 14 days later: a) in the case of a single Product order, the day the Purchaser or a third party nominated by the Purchaser and other than the carrier acquires physical possession of the Product; b) in the case of a Multiple Order with separate deliveries, the day the Purchaser or a third party nominated by the Purchaser and other than the carrier acquires physical possession of the last Product or c) in the case of an order for delivery of a Product consisting of multiple lots or pieces, the day the Purchaser or a third party nominated by the Purchaser and other than the carrier takes physical possession of the last lot or piece.
14.2. – To exercise the right of withdrawal, the Purchaser must inform the Data Controller before the expiry of the Withdrawal Period of his decision to withdraw. For this purpose, the Purchaser may use the standard withdrawal form that will be made available to him by e-mail from the Data Controller before the conclusion of the contract ("Standard Withdrawal Form”).
14.3. – If the Purchaser makes use of the Right of Withdrawal, the Purchaser is requested to indicate the order number, the Product(s) for which he intends to exercise the right of withdrawal and his address. Since the burden of proof concerning the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies with the Purchaser, it is in the Purchaser's interest to use a durable medium when communicating his withdrawal to the Data Controller. The Standard Withdrawal Form must be sent to the following address: firstname.lastname@example.org.
14.4. – The Purchaser must return the Products to the Data Controller, using a carrier of its choice and at its own expense, without undue delay and in any case within the term of 14 calendar days from the date of notification of withdrawal to the Data Controller. The time limit is observed if the Purchaser returns the Products before the expiry of the fourteen-day period. The properly packed Product, must be sent to the following address: Via della Cerqua 3, 06134 Perugia (PG). The direct costs of returning the Products to the Data Controller are at the Purchaser's expense. In case of goods which by their nature cannot normally be returned by post, the cost of returning such goods by a particular carrier will be specified, together with the indication of that carrier. Information on the exercise of the right of withdrawal is made available to the Purchaser via the Website prior the contract conclusion.
14.5. – If the Purchaser withdraws from the contract, the Data Controller will proceed with the refund, including delivery costs, without undue delay and in any case no later than 14 calendar days from the day on which it was informed of the Purchaser's decision to withdraw from the contract.The refund will be made using the same means of payment used by the Purchaser for the initial transaction, unless the Purchaser has expressly agreed otherwise. In any case, the Purchaser shall not incur any costs as a result of such refund. The refund may be suspended until receipt of the Products or until the Purchaser has demonstrated that it has returned the Products, if earlier.
14.6. – The Purchaser shall only be liable for any decrease in the value of the goods resulting from any manipulation of the Product other than that necessary to establish the nature, characteristics and functioning of it. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, perfectly functional, accompanied by all the accessories and illustrative sheets, with the labels where present still attached to the Product, as well as perfectly suitable for the use for which it is intended and without signs of use or dirt. Moreover, the withdrawal shall apply to the Product in its integrity. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
14.7. – If the withdrawal is not exercised in accordance with the provisions of the applicable legislation, it will not result in the termination of the contract and, consequently, will not give rise to any right to reimbursement. The Data Controller will notify the Purchaser within 5 working days from receipt of the Product, rejecting the request for withdrawal. The Product shall remain at the Data Controller's premises at the Purchaser's disposal for collection at the Purchaser's expense and responsibility.
14.8. – The Right to Withdraw is excluded in the case of custom-made or personalised Products, sealed Products that are not suitable to be returned for hygienic or health protection reasons and that have been opened after delivery, Products that risk deteriorating or rapid expiring. The right of withdrawal is, moreover, excluded in the additional cases referred to in Article 59 of the Consumer Code.
14.9. – If one of the legal hypotheses is applicable, the right of withdrawal does not apply, this exclusion will be specifically communicated in the Product Sheet and, in any case, during the purchase process, before the Purchaser proceeds to transmit the order.
15. – Warranty and conformity defects.
15.1. – All the Products offered through the WebSite are covered by the legal guarantee of conformity provided for by articles 128-135 of the Consumer Code ("Legal Guarantee").
15.2. – The Legal Guarantee is reserved to consumers. It therefore applies only to users who have made a purchase on the Site for purposes unrelated to their entrepreneurial, commercial, artisanal or professional activity. Those who have purchased on the Site and who are not consumers shall be covered by the guarantees for defects in sold goods, the guarantee for defects in promised and essential qualities and the other guarantees provided for by the Civil Code with the relative terms, forfeiture and limitations.
15.3. – In the event that a Product purchased on the Site, during the period of validity of the Legal Guarantee, manifests what could be a conformity defect, the Purchaser can contact Customer Service at the number indicated below. The Data Controller will promptly reply to the communication of the alleged conformity defect and will indicate to the Purchaser the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the defect reported.
16. – Applicable law and Jurisdiction.
16.1. – These Terms and Conditions and the individual purchase orders accepted are governed by Italian law.
16.2. – Any dispute concerning the application, execution, interpretation and breach of these Terms and Conditions and of the individual purchase orders accepted, including any action relative to contractual and extra-contractual liability, shall be settled exclusively by the Court of the Municipality of residence or domicile of the Purchaser (Consumer), if located in Italian territory, pursuant to the Consumer Code.
17. – Customer service and complaints.
17.1. – You can request information, send communications, request assistance or make complaints by contacting the Customer Service Department at the following addresses.
by e-mail: email@example.com
by phone: +39 3939165514
18. – Modifications.
18.1. – Data Controller reserves the right to change Services, policies, these Site Terms and Conditions at any time to offer new Products and/or Services or to comply with legal and regulatory requirements.
19. – Vexatious clauses.
The Purchaser, after having read these Terms and Conditions, declares, pursuant to and for the purposes of Article 1341 of the Italian Civil Code, to fully accept and specifically approve the clauses referred to in the following articles: 8. Delivery; 14. Right of withdrawal; 15. Warranty and conformity defects; 16. Applicable law and Jurisdiction.