These general conditions govern the online purchase made through the www.treebu.it website owned by Tweak Roma and managed by it.
1.1. These general sales conditions (below, “General Conditions” and / or “GSC”) are applicable to all sales of “Treebu” brand products (below, “Products” or “Product”) made online through www.treebu.it (below, “Website”).
1.2. The use of the aforementioned online selling service described in these General Conditions is reserved exclusively for consumers (hereinafter, “Customers” or “Customer”), intended as privates acting for purposes unrelated to their commercial, craftmanship, entrepreneurial or professional activity, adults over 18 years of age (or, if minors, authorized by those who exercise parental authority by law – Legal Guardian).
1.3. The Customer is required to read carefully the General Conditions that have been made available on the Website, in order to allow the knowledge, the memorization and reproduction by the Customer pursuant to article 12, paragraph 3, of Legislative Decree 9 April 2003, n. 70 (“Attuazione della Direttiva 2000/31/CE relativa a taluni aspetti giuridici dei servizi della società dell’informazione nel mercato interno, con particolare riferimento al commercio elettronico” – hereinafter, “Decreto E-commerce”). The contracts finalized with the Customers will be archived by the owner Tweak Roma, with the possibility for the Customers to access them on the Website through their account. By using this site you unconditionally adhere to the terms and conditions of use indicated below, which may, however, be changed at any time and without notice by Tweak Roma according to its unquestionable discretion; your use of the Website after the above changes will be considered as an unconditional acceptance of the terms and conditions as modified. The information, images, photographs, trademarks, products and in general the elements and material that you find on this Website are disclosed only for promotional and advertising purposes; you may download or copy the aforementioned information and materials only for personal and non-commercial use.
1.4. The contracts signed with Tweak Roma through the Website are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 and subsequent amendments (hereinafter the “Consumer Code”) and the aforementioned Decreto E-commerce.
IDENTIFICATION OF THE SELLER
2.1. The seller is the company Tweak Roma, with registered office in Piazza Stefano Jacini 5, 00191 Rome (P.I. 14773651006) – which has the exclusive rights to sell the Treebu brand – e-mail:firstname.lastname@example.org.
INFORMATION CONCERNING THE PRODUCTS AND THEIR AVAILABILITY
3.1. The information relating to the Products, with the relative product codes, are available on the Website where the Customer will find the details of the main characteristics of the individual Products.
3.2. The Website does not include all the Products. The Products represent a selection by way of example. The graphic representation of the Products proposed on the Website may be different from reality. For any further information, the Customer may contact our company directly. Not all the Products described on the Website are or will be available in all stores.
3.3. All Products are subject to current availability. Treebù on behalf of Tweak Roma reserves the right at any time to vary the limits on the quantity and/or type of Products that can be purchased online on the Website. The style, models and colors of the Products described on the Website may change without notice. During the transaction procedure, an automatic reply will inform the Customer of the time necessary to process the order and/or the impossibility of processing the order due to the unavailability of the ordered Product.
4.1. Prices of Products are expressed in Euros on the Website and include all applicable taxes or duties. The shipping costs will be shown separately in the order form.
4.2. Tweak Roma constantly checks that all the prices indicated on the Website are correct. However, this cannot guarantee the absence of errors. In the event of an error concerning the price of a Product, Tweak Roma will give the Customer the opportunity to reconfirm the order of the Products at the correct price or to cancel it.
4.3. The information included in the Website does not constitute an offer by Tweak Roma.
5.1. The main characteristics and prices of the Products are shown in the offer relating to each Product on the Website.
5.3. If the Customer needs to correct any data entry errors, he must follow the appropriate modification procedure indicated on the Website, before submitting his order proposal. In particular, the Customer has the right to modify the quantity of Products he intends to purchase, adding or eliminating one or more Products from the “cart”.
5.4. By sending the order proposal to Treebù, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept the General Conditions.
TERMS OF PAYMENT
6.1. The Customer can pay the price of the Products and their shipping costs by credit card. Even if the Customer does not have a Paypal account, the credit card purchase process will be through Paypal, but it is not necessary to register, it will work as a normal credit card transaction.
6.2. Tweak Roma accepts payments made with:
- • PayPal: through credit card. It is not necessary to have a Paypal account.
- • Bank Transfer
- • Cash on delivery to the courier
6.3. The transaction will be charged to the Customer’s credit card only after:
(i) the credit card details have been verified;
(ii) authorization has been received from the company issuing the credit card used by the Customer and
(iii) the availability of the product by Tweak Roma has been confirmed and therefore after the order is ready to be processed.
6.4. In the event that, for any reason, the amount due from the Customer proves impossible to be processed, the purchase will be automatically cancelled.
FINALIZATION OF THE CONTRACT
7.1. The contract stipulated between Tweak Roma and the Customer must be considered finalized when the Customer receives confirmation from Tweak Roma for the Treebu brand that it represents, that the Customer’s order proposal – sent in accordance with the purchase procedure indicated on the Website – was successful, following the verification of the Product availability and the charge of the price on the Customer’s credit card. The order proposal sent by the Customer will be binding for Tweak Roma only if the entire purchase procedure has been completed regularly and correctly, without any evidence of error on the Website.
7.2. In compliance with the provisions of article 13 of the Decreto E-commerce, upon confirmation of the order or execution of the Treebu contract on behalf of Tweak Roma, it will send to the Customer, via e-mail, a summary of the General Conditions, information on the main characteristics of the Products purchased, detailed indication of the price and means of payment, information on shipping costs, information on conditions and methods of exercising the Return Policy, including information on the exclusion of the Return Policy in the case of personalized products, the address of Tweak Roma to which complaints can be submitted, information on Customer Service and existing commercial guarantees. The Customer must immediately check the contents of the communication and immediately notify Treebu of any errors or omissions.
INVALID PURCHASE PROPOSAL
8.1. Notwithstanding the provisions of the paragraph 7, no order proposal shall be considered accepted by Tweak Roma and no contract shall be considered finalized between the latter and the Customer, if Tweak Roma has reasonable and well-founded reason to believe that the Customer:
(i) intends to purchase the Products for purposes related to their own or others’ business or professional activity, in accordance with the provisions of paragraph 1.2 of these General Conditions; or
(ii) does not operate on the basis of a real and genuine interest in the purchase of the ordered Products, or
(iii) improperly exercises the right of the Return Policy recognized in the paragraph 13 below.
8.2. In such cases, the order proposal sent by the Customer must be considered as null or void. Treebu on behalf of Tweak Roma will transmit to the Customer, via e-mail, a communication stating the non-acceptance of the order proposal by Tweak Roma and the failure to finalize the contract, also taking care of the cancellation of all charges and/or expenses charged to the Customer.
TRANSPORT AND DELIVERY
9.1. For security reasons, the Products purchased on the Website will be delivered to the address registered on the credit card, unless otherwise indicated by the Customer and at the time of delivery the signature of the Customer or of a delegate older than 18 years of age will be required. Deliveries to post boxes won’t be allowed.
9.2. For every order placed on the Website, Tweak Roma issues a receipt of the shipped Products, and will send it via e-mail or mail to the Customer, in accordance with the D.P.R. 445/2000 and Legislative Decree 52/2004. The information provided by the Customer at the time of order will be considered for issuing the receipt. After issuing the receipt changes will not be possible.
9.3. Shipping costs are charged to the Customer and are clearly indicated in the order form.
9.4. All purchases will be delivered by a selected courier (hereinafter, “Courier”) from Monday to Friday, excluding Saturdays, holidays and local or national holidays. Tweak Roma is not responsible for unpredictable delays and/or delays attributable to the Courier alone against which the claims of the case in question must be raised. Delivery times range from 1 to 3 working days for quick delivery and 4 to 6 working days for standard delivery.
9.5. In any case, except in cases of force majeure or unforeseeable circumstances, in accordance with Article 61 of the Consumer Code, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following the day of the finalization of the contract in compliance with paragraph 7.1 above, except that Tweak Roma does not communicate – within the same deadline or within the agreed deadline for delivery, also via e-mail – the impossibility to deliver the ordered Products following the unexpected unavailability, even temporary, of the Products. In the event of such communication, Tweak Roma will refund any amounts already paid by the Customer for shipping.
9.6. In the event that, after the communication of Tweak Roma of a delay on the delivery date, the Customer wishes to cancel the order, any amount already paid by the Customer will be refunded as soon as possible, and in any case no later than 30 (thirty) days from the date of receipt by Tweak Roma of the notice of cancellation of the order except for the customized Products, in accordance with the provisions of the following paragraph 12.
9.7. For the delivery of the Products, the Customer or his/her representative must be present at the address indicated in the order. Upon delivery of the Products by the Courier, the Customer is required to check:
(i) that the number of packages delivered corresponds to what is indicated in the delivery note (DN);
(ii) that the packaging is intact, not damaged or wet or otherwise altered, even in the closing materials. Any damage to the packaging and/or to the Product or the mismatch in the number of packages or indications must be immediately written on the proof of delivery of the Courier. Once the document of the Courier has been signed without the Customer having reported any infringement or comment, the Customer cannot oppose any dispute about the external characteristics of the package delivered.
SHIPPING CONFIRMATION AND DELIVERY
10.1. Treebu on behalf of Tweak Roma will send the Customer a confirmation e-mail once the Products have been shipped.
11.1. The Products purchased on the Website are delivered with the original Treebù packaging.
RETURNS AND REFUNDS
RETURN POLICY AND CANCELLATION OF ORDERS
To exercise rights included in the Return Policy, the customer must send an e-mail to the following address email@example.com including:
(i) the intention to use the right of withdrawal pursuant to Article 52 of the Consumer Code;
(ii) the indication of the products the Customer wants to return;
(iii) the progressive order number communicated by Treebu upon confirmation of purchase;
13.3.In case of exercise of the right of withdrawal, Treebu on behalf of Tweak Roma will fully reimburse the price of the Products provided that they are returned by the Customer within 14 days of notice, not worn, unused and undamaged, as well as accompanied by the original receipt, and with the original packaging. Treebu will accept returns and exchanges of products that have been delivered with a label or a sticker or a return/exchange seal only if the return instructions above are correctly followed and if the label or sticker or seal is intact and attached to the Product.
13.4. Treebu on behalf of Tweak Roma reserves the right to refuse the return of those Products that do not comply with these requirements. In the event of defective Products, the provisions of paragraph 15 “Lack of Conformity” will apply. Refunds will be made with the same payment method used for the purchase. The price of Products purchased online cannot be reimbursed by the shops. These products cannot be exchanged at the stores.
13.5. The costs for returning the Products are on the Customer; any costs incurred by the Customer for the return will not be refundable.
13.6. Each delivery will include easy instructions for returning the Products.
13.7. Tweak Roma undertakes to reimburse the Customer without undue delay and in any case within 14 days from the date of receipt of the communication of withdrawal from the contract pursuant to art. 54 Consumer Code; and will send a notification e-mail once the refund has been made.
13.8. It is recommended to send the Products to be returned using a courier, ensuring the entire amount of the goods is correct, and taking care to receive a shipping number to allow tracking of the shipment. Tweak Roma will not be responsible for reimbursement or compensation relating to Products shipped by the Customer but never received by Tweak Roma due to loss, theft or damage that cannot be attributed to it.
13.9. If the Customer wishes to modify or cancel the order already sent, he must promptly send an e-mail to the address firstname.lastname@example.org and in any case before receiving the e-mail confirming the shipment.
Treebu on behalf of Tweak Roma will do everything to satisfy the Customer’s request. However, once the Product has been shipped, the order cannot be canceled or modified. The Products shipped may however be returned and in this case the Return Policy procedure described above should be followed.
14.1. Treebù on behalf of Tweak Roma intends to provide Customers with the possibility of exchanging the Products purchased on the Website and for this purpose the Customer must compulsorily follow the procedure indicated below.
14.2. The customer who is not completely satisfied or who believes that there is a discrepancy with the order must keep all the documentation relating to the delivery and the product itself in its original packaging and immediately contact Treebu by e-mail at the address: email@example.com following the procedure referred to in paragraph 13.
14.4. The Product to be exchanged must reach Treebu in the original state of dispatch, as provided in paragraph 13.3.
14.5. Please note that in the exchange process Treebu will first reimburse the amount paid by the Customer with the same payment method used by the Customer for the purchase (referred to in paragraph 6) and then the new transaction will be made.
14.6. In order to replace a Product it is necessary to fill in the form that is supplied with each Product shipped, clearly indicating the code of the new Product wished to receive and the size.
14.7. The finalization of the new order is subject to the availability of the requested Products.
14.8. The shipping costs for returning the Product are on the Customer.
14.9. The exchanged Product will be sent to the Customer by courier without the charge of additional shipping costs only if the replacement is asked by the Customer due to a Product defect pursuant to paragraph 15.
ERRORS OR INACCURACIES
16.1. Treebù on behalf of Tweak Roma undertakes to provide constantly updated information in the sections of the Website related to the description and/or sale of the Products and will do its best to ensure that the description and/or photographic representation of the Products on the Website is as faithful as possible to the products themselves. However, it is not possible to guarantee the complete absence of errors and, considering the methods of digital presentation of the products, it is possible that the Customer’s perception of the description or graphic representation of the products does not correspond exactly to the product itself. Treebu on behalf of Tweak Roma reserves the right to correct errors, inaccuracies or omissions even after an order proposal has been sent and also reserves the right to modify or update the information at any time without prior notice.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1. Tweak Roma guarantees the authenticity of all Treebù Products purchased on the Website. The “Treebu” brand products are made with the best materials, are packaged by artisans, and are all rigorously and completely MADE IN ITALY.
17.2. The “Treebu” brand, as well as the set of figurative and non-figurative brands, service brands, present on the Products, on their accessories and/or packaging, shape brands, whether they are subject to registration or not, as well as all the illustrations, images and logos protected by copyright, and, more generally, all intellectual property rights relating to the Products are and remain the exclusive property of Tweak Roma. The information, images, photographs, trademarks and in general the elements and materials made available through this Website are and will remain exclusive property of Tweak Roma; therefore, the reproduction, partial or total (with the sole exception of personal and non-commercial use), distribution, publication, transmission, modification, in whole or in part, and sale of information, images, photographs, trademarks, products and in general of the elements and all the material contained in this Website are expressly prohibited.
In particular, the names and trademarks “Tweak Roma” and “Treebu” and all the other brands that include the name “Treebù” and “Tweak Roma”, registered or not, are and will remain the exclusive property of Valentina Pinto and Aleksandra Lajtenberger and the reproduction, distribution, publication, transmission, modification in whole or in part, as well as the sale are expressly prohibited, for any reason or purpose.
APPLICABLE LAW AND JURISDICTION
18.1. These General Conditions are governed by Italian law and must be interpreted in compliance with Italian laws.
18.2. For disputes arising from the interpretation, validity and/or execution of these General Conditions the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the Customer/Consumer.
19.1. For more information and assistance on the Website or online purchase methods, the Customer can contact Treebu at the following e-mail address: firstname.lastname@example.org or at the address below:
Tweak Roma – Piazza Stefano Jacini 5, 00191 Roma, Italia
The Customer, having acquired the information provided by the Data Controller pursuant to art. 13 of Legislative Decree 196/2003, gives its consent to the processing of personal data for the purposes indicated in the aforementioned policy as necessary to allow the Data Controller to correctly manage the relationship and to process the data correctly.