Introduction
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") aim to regulate the contractual relationship between The Store S.N.C., owned by Lorenzo and Nicola Togni (hereinafter referred to as "Merchant"), and any individual intending to make a purchase (hereinafter referred to as "Customer") on the website https://thestoresnc.com/it/ (hereinafter referred to as "Website").
If you have any questions about the GTC or the Privacy Policy, please contact our customer service at: info@thestoresnc.com.
1. Acceptance of the GTC
By using https://thestoresnc.com/it/ or placing an order, the Customer agrees to be bound by these GTC and the Privacy Policy, without restrictions or reservations.
Before placing an order, the Customer must check the box indicating "I have read and agree to the General Terms and Conditions of Sale and the Privacy Policy."
2. Independence
The cancellation of any clause in the GTC does not affect the validity of the GTC as a whole.
3. Modifications to the GTC
The Merchant reserves the right to modify these GTC at any time; changes, where applicable, will take effect upon publication on https://thestoresnc.com/it/. The new GTC apply to any new order.
4. Intellectual Property
The content of https://thestoresnc.com/it/ (logo, text, trademarks, images, videos) is the intellectual property of the Merchant. Any reproduction, in whole or in part, is prohibited without the Merchant's express prior authorization.
5. Product Availability
All orders on https://thestoresnc.com/it/ are subject to product availability. In the event of unavailability after the order is placed, the order will be canceled, and the Customer will be notified at the email address provided for the order. The Merchant reserves the right to withdraw products from https://thestoresnc.com/it/ or change any information or illustrations at any time.
The product descriptions on https://thestoresnc.com/it/ are not legally binding. Therefore, the Merchant cannot be held responsible for any discrepancies that do not affect the essential features of the products.
6. Prices and Shipping Costs
Prices displayed on https://thestoresnc.com/it/ are in EUR € and do not include shipping costs. Shipping costs will be added to the total amount due from the Customer, as applicable under article 7.
The Merchant reserves the right to change prices at any time. In this case, price changes apply only to future orders, not ongoing ones.
In the event of a pricing error, the Merchant reserves the right to correct it and will inform the Customer as soon as possible via the email provided, offering the choice to complete the transaction at the corrected price or to cancel the order.
7. Shipping Costs and Methods
Depending on availability (see article 5 above), the Merchant agrees to deliver the Customer's order within 30 days of order confirmation received at the Customer's email address.
The Customer is responsible for checking the condition of their products and the accuracy of their order at the time of delivery. In case of non-conformity, the Customer must contact customer service at: info@thestoresnc.com.
When placing an order, the Customer must choose their preferred delivery method from those offered on https://thestoresnc.com/it/. Delivery costs are available on the carriers' websites.
8. Payment Methods
The available payment methods are listed on the Website at https://thestoresnc.com/it/.
The Merchant reserves the right to modify this list at any time, without affecting ongoing orders.
9. Contract Formation
By placing an order on https://thestoresnc.com/it/, the Customer confirms that they are at least 18 (eighteen) years old and legally capable of entering into a contract.
The Customer confirms that they are a professional making a purchase within their business activities. These GTC are intended for professionals acting exclusively within the scope of their professional activities. The GTC apply solely to sales to professional buyers acting within their professional activities, so no right of withdrawal is applicable.
To place an order, the Customer confirms their cart and proceeds to payment per article 7 above. The sale contract is established between the Customer and the Merchant only upon receipt of an order confirmation email sent to the Customer’s email address.
The Customer is responsible for verifying the accuracy of their order before confirming their cart and proceeding to payment. The Customer may modify their cart before confirming it and paying for their order.
10. Order Refusal
The Merchant reserves the right to refuse any order.
11. Transfer of Ownership
The ordered products remain the Merchant's property until payment is received for the order and shipping by the Customer.
The risk transfers to the Customer upon delivery of the order.
12. Legal Guarantee
In the case of non-compliance at delivery, the Merchant fulfills their obligations under the legal guarantee. The Customer may contact customer service under article 7 above. The Customer must exercise their legal guarantee within 2 months of delivery. The Customer may request replacement of the non-compliant order or a return and refund for defective products. For returns, the Customer must explicitly notify the Merchant and return the entire order in its original condition and undamaged packaging with all delivered accessories.
13. Latent Defects
If defects are found in the delivered order that render products unsuitable for use, the Customer may contact customer service under article 11 above. The Customer may request a price reduction or return their order for a refund of defective products. For returns, the Customer must notify the Merchant of their withdrawal and return the entire order in its original, undamaged packaging with all delivered accessories.
14. Right of Withdrawal
Per Article 52 of the Consumer Code, the Customer may withdraw from the order without reason within fourteen (14) days from the receipt date.
For orders containing multiple goods delivered separately, the period begins from the last item or batch received. If the deadline falls on a Saturday, Sunday, or holiday, the withdrawal period is extended to the next business day.
However, per Article 59 of the Consumer Code:
“1. The right of withdrawal under Articles 52 to 58 for distance and off-premises contracts is excluded for:
a) service contracts after full performance of the service with the consumer’s express consent and acceptance of loss of the right of withdrawal upon full performance of the contract; b) the supply of goods or services with prices linked to financial market fluctuations beyond the professional’s control and which may occur during the withdrawal period; c) goods made to measure or clearly personalized; d) goods liable to deteriorate or expire rapidly; e) sealed goods unsuitable for return for health or hygiene reasons once opened after delivery; f) goods which, after delivery, are inseparably mixed with other items; g) alcoholic beverages priced at the sale contract’s conclusion, deliverable after thirty days, whose actual value depends on market fluctuations beyond the professional's control; h) contracts where the consumer specifically requests a professional’s visit for urgent repair or maintenance. For additional services or goods provided beyond those requested, the right of withdrawal applies to such services or goods; i) sealed audio or video recordings or sealed computer software opened after delivery; l) newspapers, periodicals, and magazines, except subscription contracts; m) contracts concluded in public auctions; n) non-residential lodging, transport of goods, car rental, catering, or leisure activities, with specific dates or periods in the contract; o) digital content on non-material media if the consumer’s consent and acknowledgment that they forfeit the right to withdraw.”
In the event of withdrawal, the Customer will receive a refund, excluding any shipping fees for the return, via the same payment method used for the purchase, under the conditions stated in article 13 below. No return costs will be included in the refund.
15. Exercising the Right of Withdrawal
To exercise the right of withdrawal, the Customer must inform the Merchant explicitly of their withdrawal and return the entire order in original condition and undamaged packaging with all delivered accessories.
16. Force Majeure
The Merchant cannot be held responsible for non-performance or delays in fulfilling contractual obligations due to events beyond its control, force majeure, or actions by third parties beyond the Merchant's control.
Force majeure events include legislative and regulatory changes, fires, storms, floods, internal or external strikes affecting the Merchant, illness, voltage surges, electrical failures, cooling and IT equipment failures, electronic communication network disruptions, viruses, hacks, and other unforeseeable events beyond the Merchant's control.
17. Personal Data
The Merchant's personal data policy is included in the Privacy Policy at https://thestoresnc.com/it/content/6-privacy-policy.
18. Amicable Dispute Resolution
Every consumer has the right to refer a dispute with a professional for free to a consumer mediator for amicable resolution.
At the European level, the European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Disputes related to the performance of a sales contract or service contract between a consumer and a professional are covered.
19. Law and Jurisdiction
The contracts for sales of products purchased on https://thestoresnc.com/it/ are governed by Italian law.
Any dispute concerning sales contracts for products purchased on https://thestoresnc.com/it/ will be submitted to the competent court, subject to article 18 above.
20. Merchant Information
Business Name: General Partnership (Snc)
Business Registry Number: BG-487840 Bergamo
VAT ID: IT04770680165
Contact: info@thestoresnc.com, +393339762659