General conditions of Sale

GENERAL PROVISIONS

  1. By navigating in this area, the Customer accesses myTrafile, accessible via the web address mytrafile.com. Browsing and sending a purchase order on the site implies acceptance of the contractual terms and conditions and the personal data protection policies set out therein.
  2. In interpreting the General Terms and Conditions of Sale, the following terms must be construed as follows:
    • Website: www.mytrafile.com
    • Seller: Trafile Turconi Srl
    • Registered trademark: MY TRAFILE
    • Customer: the “consumer” who buys the Product and/or the person to whom the Product ordered is delivered
    • Parties: Seller and Customer
    • Product: the goods described and illustrated in the Trafile Turconi Srl catalogue and/or offered on the mytrafile.com website.
    • General Terms and Conditions of Sale: these agreements
  3. These General Terms and Conditions of Sale apply to the sale of Products with exclusive reference to purchases made by “consumer” Customers on the web page mytrafile.com in accordance with the provisions contained in the Consumer Code (It. Legislative Decree of 6 September 2005, no. 206 and subsequent amendments)
    • Registered office: Via Pisqurei 6, Colverde (CO) loc. Parè, 22041
    • VAT number: IT02193680135
    • Registered with the E.A.I., no: CO-245794
    • E-mail: info@mytrafile.com
  4. Before placing an order via the mytrafile.com website, the Customer must read these General Terms and Conditions of Sale, which are deemed accepted in their entirety and without reservation at the time the purchase order is sent.
  5. Trafile Turconi Srl reserves the right to unilaterally and without prior notice amend these General Terms and Conditions of Sale, amendments and additions to which will come into force from the moment of their publication on the site. The amended and/or supplemented General Terms and Conditions of Sale will apply to purchase orders sent after their publication.
  6. These General Terms and Conditions of Sale govern the offers, the submission and the acceptance of purchase orders for Products on the website mytrafile.com, while they do not extend to the provision of services and/or the sale of other products by parties other than the Seller that are present on the same website through links, banners or other hypertext links.
  7. Before placing orders and purchasing products and/or services from other parties, it is suggested that you carefully check the terms and conditions of sale or supply envisaged by such parties. Trafile Turconi Srl takes no responsibility for such orders and/or purchases for which it does not even indirectly have control.
  8. Should any of the provisions of these General Terms and Conditions of Sale be null and void or ineffective for any reason whatsoever, this will in no way affect the validity, binding force of, and compliance with the other provisions of these General Terms and Conditions of Sale.

PURCHASE ORDER, ACCEPTANCE AND STIPULATION OF THE CONTRACT

  1. In order to purchase Products online via the mytrafile.com website, the Customer must be of legal age and have the capacity to act.
  2. In order to proceed with the purchase, the Customer must access the area of the Website dedicated to the on-line shop, where the Products offered for sale can be selected and ordered. Products are selected by placing them in the virtual shopping cart. Until then, it is possible to change orders, cancelling or confirming bookings made.
  3. Once the selection of Products has been completed, in order to finalise the purchase, the Customer must provide his or her data (including but not limited to: name, surname, address of residence and/or domicile, delivery address and telephone number, e-mail address, etc.). The Customer will see a summary of the order, the contents of which he or she may modify. By means of the “complete order” box, the Customer will be asked to confirm the order, which will be sent to the Seller. The Customer must then indicate the mode of shipment and the mode of payment, choosing from those available.The Customer may register on the Website, or log in if already registered, to take advantage of any discount codes.
  4. Before purchasing a Product, the Customer must carefully read these General Terms and Conditions of Sale and expressly approve them by means of the appropriate tick on the Website, together with the information on the right of withdrawal and the processing of personal data.
  5. The Customer may proceed with the payment of orders placed in accordance with the terms and conditions proposed on the Website.
  6. The Seller will send the Customer an e-mail confirming the order to the e-mail address declared at the time of registration. This communication will contain a summary of the essential characteristics of the Product, the price and the shipping costs, as well as an order number to be used for any subsequent communication between the Parties.

The purchase contract between the Parties will be concluded after the Customer has successfully made the payment.  In the absence of payment, the contract between the Parties will not have been concluded and Trafile Turconi Srl will be released from any commitment and responsibility towards the Customer.

CUSTOMER REGISTRATION

  1. In completing the registration procedures, the Customer undertakes to follow the instructions on the mytrafile.com website and to provide his or her personal data correctly, completely, and truthfully.
  2. After registration, the Customer will receive a confirmation e-mail at the e-mail address provided by him or her.
  3. The Customer undertakes to promptly inform Trafile Turconi Srl of any variation in his or her data at any time.
  4. In case the Customer communicates inaccurate, incomplete, or untrue data, such as not to allow the verification of the actual payment or the correct execution of the order received, Trafile Turconi Srl will be freed from any commitment and responsibility towards the Customer, or will have the right to suspend the fulfilment of the order received until the Customer has remedied the shortcomings emerged or has made the actual payment.
  5. The first time a Customer requests the activation of a profile, he or she will be asked to think of a user name and password. These identifiers will constitute the validation system of the Customer’s accesses to the web page mytrafile.com, must be stored carefully, never communicated or transferred to third parties, even temporarily. All acts performed by the Customer using his or her user name and password shall be attributed exclusively to him or her and shall be binding upon him or her.

PROCESSING OF PERSONAL DATA

  1. The Customer’s personal data are processed in accordance with the provisions of the law on the protection of personal data, as specified in the section containing the information pursuant to Art. 13 of Regulation EU 2016/679 (Privacy Policy).

PRODUCT DATA SHEET

  1. Each Product on the mytrafile.com web page has a Product Data Sheet that includes the main physical and technical characteristics, how to use it, images and/or videos of the Product and provides further information about it, so that the Customer can get a clear idea of what he or she is purchasing. Images and videos may contain purely indicative information and descriptions, which may differ in size and colour from the actual Product ordered.

PRODUCT AVAILABILITY

  1. Product availability refers to the actual availability at the time the Customer places the order. Such availability must however be considered purely indicative, because – due to the simultaneous presence on the site of several interested parties – the Products may be sold to other Customers before the order is confirmed.
  2. Partial or total unavailability of goods may occur even after the order confirmation e-mail has been sent. In this eventuality, the order will be rectified automatically with the deletion of the unavailable Product and the Customer will be informed immediately by e-mail. In such a case, the Customer may choose whether to wait for the ordered Product to become available again or to terminate the purchase contract pursuant to and for the purposes of Art. 61(6) of the Consumer Code, excluding the right to compensation for any damages.
  3. If the Customer decides to wait for the product to be restocked, the Seller will indicate a new delivery deadline by e-mail.
  4. If the Customer decides to terminate the contract, the amount paid by the Customer will be refunded within 15 working days after the Seller becomes aware of the Customer’s decision.

PRICES

  1. All sale Prices of the Products displayed and indicated on the Website are expressed in Euro.
  2. Shipping costs and any additional charges (where applicable) will be indicated and calculated in the purchase procedure before the order is placed by the Customer.
  3. The Seller may change the sale Prices of the Products, shipping costs and any ancillary costs at any time and without notice. It is understood that any order received before the price change will retain its amounts with the previous Prices.
  4. The use of coupons is regulated on the Website in accordance with the following principles:
    • if the value of the discount code is less than the value of the order, the remaining amount must be supplemented in accordance with the payment methods provided on the website;
    • discount codes cannot be combined with each other for a single purchase;
    • discount codes may also be used for payments below their value; in this case, the remaining discount amount cannot be credited and will be lost;
    • each discount code can only be used for one purchase;
    • under no circumstances do discount codes entitle the customer to change in the case of purchases of a lower amount;
    • in the event of cancellation of an order and/or termination of a contract for which a discount code has been used, the relevant amount will be credited back to the Customer;
    • under no circumstances may coupons be converted into cash.

METHODS OF PAYMENT

  1. Once the desired products have been selected, they will be added to the shopping cart. It will suffice to follow the purchase instructions, entering or verifying the required information at each step of the process. Order details may be changed before payment.
  2. Any payment by the Customer may only be made by one of the methods indicated: online credit card, PayPal or bank transfer.
  3. With regard to payment by credit card, by filling in the appropriate space on the Website, the Customer authorises the Seller to use his or her credit card and to charge the Price, plus any taxes, shipping costs, bank charges and other ancillary charges if mandatory.
  4. All orders must be paid for in Euro, including any taxes, shipping costs, bank charges and other incidental costs. If requested, the Seller will send the purchase invoice to the Customer by e-mail.
  5. The invoice will be issued on the basis of the data provided by the Customer when placing the order. No changes to the data will be possible after the invoice has been issued.
  6. The Customer undertakes to carefully check the data entered when placing the order.
  7. Any reimbursement to the Customer will be made by one of the methods proposed by the Seller and chosen by the Customer, including but not limited to, transfer of the amount paid or delivery of a purchase voucher to be used for future orders on the Website. Refunds will be made within 15 working days of the Customer’s request.
  8. In the event that the Customer chooses bank transfer as the method of payment, the Seller will communicate the bank details by e-mail upon receipt of the order. The Customer must arrange for payment by bank transfer within the next 10 calendar days at the latest, and must send the bank transfer order, or any other bank confirmation of its execution, by e-mail.
  9. In the reason for payment by bank transfer, the Customer must indicate: 1) the reference number of the order; 2) the first and last name of the person who carried out the order, if different from the account holder from whom the transfer originated.
  10. In case of payment by bank transfer, the contract will be considered concluded at the moment the Price is actually credited on the current account of Trafile Turconi Srl and the delivery times of the Product will start from that same moment. On the other hand, in the absence of actual payment within the aforementioned period of 10 calendar days, the contract may not be deemed to have been concluded and the Seller will be released from all obligations and liability.

SHIPPING AND DELIVERY

  1. Deliveries of purchased Products are made in Italy and in the European Union through the use of duly authorised leading national and international couriers.
  2. The address indicated by the Customer and confirmed to the Seller by e-mail is deemed to be the place of delivery of the ordered Products. If the Customer wishes to order several Products to be delivered to different places at the same time, he or she must place separate orders, one for each delivery address.
  3. The type of delivery, the average times and the prices are indicated in the appropriate section of the Website.
  4. Delivery times may vary from at least 3 working days up to 30 working days from the day after the conclusion of the sales contract.
  5. The Seller reserves the right to extend delivery periods for reasonable periods in the event of events beyond the Seller’s reasonable control, as well as force majeure and unforeseeable circumstances. In such cases, the Seller must be deemed to be exempt from any liability and the terms of shipment and delivery will simply be suspended.
  6. The Products ordered are shipped on behalf of and at the risk of the Customer. The Seller will not, therefore, be liable for any delays or damage resulting from shipment. Upon delivery of the Products, the Customer must check that the number of packages received corresponds to the number indicated on the transport document and that the packaging is not damaged or tampered with. In the event that the Product arrives visibly damaged or tampered with, the Customer must accept the delivery with reservation, immediately dispute the incident with the carrier and notify the Seller no later than the next business day at the following e-mail address:service@mytrafile.com.
  7. The delivery times indicated at the time of order confirmation refer to Products in stock and are to be understood as non-binding, since they may be subject to change by the Seller due to production, organisational, or logistical requirements. The Seller reserves the right to make delivery of several Products relating to the same order at separate times, without further charge to the Customer.
  8. Special terms and conditions of delivery, as well as any insurance coverage for shipping, shall be agreed upon in advance and in writing between the Parties and may entail additional expenses and costs.
  9. If a Product ordered is no longer in stock at the time of the order, or is erroneously indicated as available on the Website, the Seller shall promptly notify the Customer thereof. In this case, the Customer may choose whether to wait for the Product to become available again and accept a new delivery date, or to terminate the contract, excluding in any case the right to compensation for any damages.

If the Customer decides to terminate the contract, the amount paid by the Customer will be refunded within 15 working days after the Seller becomes aware of the Customer’s decision.

WITHDRAWAL

  1. Subject to the exceptions envisaged by in Art. 59 of (It.) Legislative Decree no. 206/2005, the Customer has a period of 14 days to withdraw from the contract without having to give any reasons and without incurring any costs other than those envisaged by Art. 56(2) and Art. 57 of (It.) Legislative Decree no. 206/2005.
  2. The withdrawal period ends 14 days from the day on which the Customer materially receives the ordered Product. In the case of several Products ordered by the Customer by means of a single order and delivered separately, as needed by the Seller or of third parties, the withdrawal period shall run from the day on which the Customer received the last Product.
  3. The Customer may only exercise the right of withdrawal and return the purchased Product if he or she has not used it or has not caused its value to decrease as a result of handling other than that necessary to establish its nature, characteristics, and functioning.

No product may be returned if it has come into contact with food or other goods or if it is not in its original packaging.

  1. The Customer must inform the Seller in writing, before the expiry of the withdrawal period, of his or her decision to withdraw by e-mail to service@mytrafile.com.
  2. In the event of withdrawal, the Customer shall bear the shipping costs for the return of the Product, and the Customer shall bear the liability for loss of and damage to the Product during shipment.
  3. In the event of withdrawal, the return of the Product must be effected, under penalty of forfeiture, within the next 14 days. The Product, properly protected and packed in its original packaging, must be returned to the following address: Trafile Turconi Srl, 22041 Loc. Parè (CO) – Via Pisqurei, 6.
  4. After an integrity check of the Product, all its components and accompanying elements, the Seller will proceed with the refund of the Price paid, except for shipping costs. The refund will be made within 14 working days of the above-mentioned verifications and will be made using the same payment instrument used for the initial transaction.
  5. In addition to the provisions of item 3 above, the right of withdrawal may not be exercised and, if exercised, will lapse if the returned Product is not intact due to:- absence of the original packaging; – use of the Product;- absence of the components and/or accompanying elements; – damage of and/or tampering with the Product.
  1. In the event of forfeiture, the Customer will not be entitled to any reimbursement. The Seller will notify the Customer, rejecting the withdrawal request, within 14 working days of receipt of the Product, which will remain at the Seller’s disposal for collection by the Customer at his or her expense.

WARRANTY

  1. The Customer has a duty to inspect the Product once it has been delivered to check its condition and the possible presence of conformity defects.
  2. All Products sold by Trafile Turconi Srl are covered by the Conformity Warranty envisaged by Art. X of the Consumer Code, aimed at protecting the Customer in the event of the purchase of defective products, which malfunction or do not respond to the use declared by the Seller or for which the Product ordered is generally intended.
  3. In the event of conformity defects, the Customer may assert his or her rights under the Conformity Warranty by immediately contacting the Seller at the e-mail address service@mytrafile.com, providing proof of purchase and communicating the purchase order code. The Customer Service will provide all indications on how to grant the warranty.
  4. The Seller shall be liable to the Customer for any conformity defect existing at the time of delivery of the Product and manifesting itself within 2 years from that time. Furthermore, an action to assert defects, not maliciously concealed by the Seller, shall in any event be time-barred within 26 months from delivery of the Product. In the event of conformity defects, the Customer may choose between repair and replacement of the Product, provided that the remedy chosen is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller, taking into account all the circumstances of the particular case.
  5. In accordance with the provisions of the Consumer Code, the Customer is entitled to a proportional reduction in the price or to termination of the contract in the event that: a) the Seller has failed to repair or replace the Product or the Seller has refused to remedy the non-conformity of the Product ordered; b) a conformity defect manifests itself, despite the Seller’s attempt to restore the Product’s conformity; c) the conformity defect is so serious as to justify the immediate reduction of the price or termination of the contract; d) the Seller has declared or it is clear from the circumstances, that it will not proceed to restore the Product’s conformity within a reasonable period or without considerable inconvenience to the Customer. In determining the price reduction, the Seller shall take into account, inter alia, the use of the Product. The Customer is not entitled to termination of the contract if the conformity defect is minor.
  6. The Seller must take delivery of the defective Product to verify whether or not the malfunctioning is due to a conformity defect. For defects occurring in the first 12 months from the date of delivery of the Product, the verification is always the responsibility of the Seller, as it is assumed that they existed at the time of delivery. As from the thirteenth month following delivery of the Product, it will instead be the Customer’s burden to prove that the conformity defect already existed at the time of delivery of the Product. In the sole case in which the malfunctioning does not depend on a conformity defect, the Seller reserves the right to ask the Customer to reimburse the cost – reasonable and indicated in advance – borne thereby for the verification.
  7. The Customer loses the right to the Product warranty and to reimbursement of the relevant shipping costs if:
  8. a) the Product has been repaired, tampered with and/or altered by persons other than the Seller or any other authorised person;
  9. b) the lack of conformity of the Product has manifested itself beyond the period of 2 years from delivery of the Product;
  10. c) the defect is due to bad and/or improper use, storage, maintenance or installation, or failure to comply with the instructions provided by the Seller with the Product.
  11. In no event may the Seller be liable for damages, of any kind or nature whatsoever, arising from the use of the Product in an improper manner and/or not in accordance with the instructions provided, as well as arising from unforeseeable circumstances or force majeure.
  12. The aforementioned Conformity Warranty is recognised by law for “consumer” Customers, i.e., those who have made a purchase for purposes unrelated to any entrepreneurial, commercial, handicraft or professional activity carried out.

If the Customer has made a purchase in the capacity of a “professional”, however, the different warranty for defects of the thing sold, as set forth in Art. 1490 et seq. of the (It.) Civil Code, will apply.

LIMITATIONS OF LIABILITY

  1. The Seller assumes no liability for acts or omissions attributable to the Customer, the forwarding agent, or arising from force majeure or fortuitous events, and also in the event that the Seller is unable to fulfil the orders received on time and in the manner provided for in the contract.
  2. The Seller may not be liable to the Customer, except in the case of wilful misconduct or gross negligence, for disservices or malfunctions related to the use of the Internet and e-mail.
  3. Furthermore, the Seller will not be liable for any damages, losses and costs suffered by the Customer as a result of the non-performance and/or incorrect performance of the contract, the Customer being entitled only to a refund of the Price paid and any additional charges incurred.
  4. The Seller assumes no liability for any fraudulent and unlawful use, which may be made by third parties, of credit cards and other means of payment and/or of the data contained therein, when paying for the Products purchased.

In no event may the Customer be liable for delays or mishaps in payment if he or she proves that he or she has made the required payment with the order confirmation in the time and manner indicated by the Seller.

CUSTOMER SERVICE AND CONTACT

All enquiries may be addressed to:

mail: info@mytrafile.com

Any requests for assistance or complaints may be addressed to:

mail: service@mytrafile.com

The Seller undertakes to reply to any complaints at the latest within 7 working days of their receipt.