TERMS AND CONDITIONS

Welcome to the SALES TERMS AND CONDITIONS section of Tomassini Arredamenti S.r.l.

Company data:

Tomassini Arredamenti S.r.l.
Via Curio Fornaci, 3
05100 Terni (TR)
Italy
C.C.I.A.A. Terni no.100124
VAT no. IT01478020553
Tel : +39.0744.305276 | Fax : +39.0744.309966
E-mail: info@tomassiniarredamenti.it

The Customer before ordering declares to have viewed and approved all the information and general sales conditions herein.

If the Client has any queries about this section, he/she must contact our customer service team, by e-mail info@tomassiniarredamenti.it or telephone (0039) 0744-1925400 from Monday to Friday, from 9 am to 1 pm, and for 4 pm to 8 pm, Saturday from 9 am to 1 pm.

Tomassini Arredamenti S.r.l. reserves the faculty of modifying the TomassiniArredamenti.it website and correct or update information (also concerning products) at any given moment and without notification.

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GENERAL SALES CONDITIONS


In this section the sales modalities and conditions of products traded by Tomassini Arredamenti S.r.l. are specified.

All contracts concerning Products on behalf of Tomassini Arredamenti S.r.l. to third parties (Customers) are regulated by the present General Conditions, which are an integrate and substantial part of every proposal, order, and purchase order confirmation relating to the same products. The sales conditions regulating orders are those in force at the date of the same order confirmation.


1. Products: prices and characteristics


Except when differently indicated, the prices of Products published on Tomassini Arredamenti S.r.l. website are expressively in Euro and include VAT. Shipping costs are indicated after having added the articles to the basket, and after having chosen the country of delivery among those available for direct online purchases.

The prices of Products published each time on the Tomassini Arredamenti S.r.l. website delete and substitute the previous ones and are subordinated by the effective availability of the Products themselves.

Instead, prices formulated after a quotation request are provided with or without VAT, according to the requested country of delivery. Upon Customer request, prices can include transport, taxes or duties; however everything is clearly specified in the quotation. If the Client has any queries about the quotation received, he/she must contact our customer service team, by e-mail info@tomassiniarredamenti.it or telephone (0039) 0744-1925400 from Monday to Friday, from 9 am to 1 pm, and for 4 pm to 8 pm, Saturday from 9 am to 1 pm.

The technical and functional characteristics of Products published by Tomassini Arredamenti S.r.l. on the TomassiniArredamenti.it website, or by email, are those provided by the respective manufacturers. Tomassini Arredamenti S.r.l. is not responsible for the veracity and completeness of such information.

The photos of products are indicative and not binding. Tomassini Arredamenti S.r.l. is not responsible for any differences due to the graphic resolution of the Customer's monitor, given that the colour on the PC monitor or tablet can differ slightly from the real Product.

Upon Customer request, after order confirmation, we can send small samples of the chosen finishings. However these samples may slightly differ from the articles ordered as they are not produced in series but customized and made with different batches of material (e.g. different dye-bath for fabrics or different leather batches). Tomassini Arredamenti S.r.l. is not responsible for any such difference which cannot be considered reason for controversy.

Even though the operators of Tomassini Arredamenti S.r.l. can provide indications of Product characteristics, the Customer is responsible for the choice of the Products ordered and that specification correspondence and conformity, indicated by each manufacturer, matches their requirements.


2. Orders - invoicing


Each Product order sent to Tomassini Arredamenti S.r.l. represents a contract proposal by the Customer. When Tomassini Arredamenti S.r.l. processes an order, it means the order has been confirmed and accepted.

Fiscal documentation concerning the Products ordered shall be issued by Tomassini Arredamenti S.r.l. upon payment receipt and when the products are shipped to the Customer, who must provide all invoice and order handling details..


3. Order processing


Generally, order processing is as follows:

- 6-8 weeks for the MANUFACTURE of the furniture: from the order confirmation until the goods are available in our warehouse (August and December excluded);
- 1 week for QUALITY CONTROL: at this stage we verify product compliance with the order, integrity of the goods and prepare items for shipping to the specified address;
- 1 week for DELIVERY in Italy or in European Union Countries;
- 2-5 weeks for DELIVERY in non-European Union Countries (according to the place of delivery).

Tomassini Arredamenti is not responsible for any delay due to the production process or to the transport company.


4. Acceptance of Order


The contract can be considered defined only when Tomassini Arredamenti S.r.l. has confirmed the order.

The Customer will receive an order confirmation, by email, mail or fax, with all the contract details (products ordered, prices, delivery date, shipping costs, etc.). Once the order is confirmed by Tomassini Arredamenti S.r.l., if it is for customized products, the Customer shall not be able to cancel or modify anything, as the items have already entered the production process.

Tomassini Arredamenti may confirm the order only after having received the order form signed by the Customer for acceptance on every page, together with the bank transfer equal to 50% of the total amount.

Tomassini Arredamenti S.r.l. reserves the faculty of not confirming an order for any reason regarding a problem of product availability, or a problem concerning the order received, in which case the Customer will be reimbursed only for the down-payment (if carried out), and nothing else.


5. Product delivery


The Products are delivered to the address provided by the Customer, or are directly available at Tomassini Arredamenti warehouse for ex-works purchases.

Shipping will only take place after receiving payment confirmation: receipt of the deposit in our bank account attests the bank transfer, financing or credit card payment.

For international orders, assembly and mounting are not available; all international deliveries (and standard deliveries in Italy) are solely to street level, and for areas accessible to medium/big trucks (possibility and costs for restricted traffic zones/centres to be confirmed). If the delivery address is not accessible according to the above-mentioned conditions, the Customer must pay all extra costs of parking or redelivery by suitable means, except for different agreements stipulated in writing on the order form.

It does not include transport inside the building and to other floors, assembly or unpacking. The customer must provide assistance for bulky items.

If the order includes several articles, unless otherwise agreed, only one shipping will be carried out, after all products arrive at the warehouse and after quality control.

For shipping, we only collaborate with leading furniture carriers having branches worldwide. We always include an all-risk insurance that covers all damage caused by transportation, guaranteeing maximum safety.

Delivery Times

Usually deliveries take place according to the times indicated at point 3.Order processing.

Whenever Tomassini Arredamenti S.r.l. considers it opportune, products relating to the same order may be carried out in different deliveries.

Delivery can be considered as completed from the moment in which the Product is delivered to the Customer. The delivery note provided by the courier, dated and signed by the Customer, attests product delivery.

Delivery to door and assembly.

Most of our products, complete with assembly technical sheets, are usually delivered already partly assembled. Final mounting is generally very simple. Our customer service is always available for any clarification or help you may need, by email customers@tomassiniarredamenti.it or phone (0039) 0744-1925400 from Monday to Friday, from 9 am to 1 pm, and from 4 pm to 8 pm.

Delivery including assembly is available only in Italy on Customer request and specific costs shall be quantified. This kind of service is by appointment and includes furniture assembly and mounting in the room chosen, plus the removal and disposal of packaging.
 
Delivery and assembly is not available for lighting or outside Italy, and does not include the installation of electrical plants for lighting, nor the hanging of mirrors or pictures or removal of used goods.
 
Receiving goods

Upon delivery the Customer must check the content, conformity and condition of the received Products, therefore Tomassini Arredamenti S.r.l. recommends, before signing the delivery note, to verify that:

- the number of boxes delivered corresponds to that indicated in the delivery note;

- packaging is perfect, undamaged, not damp, dirty or in anyway modified, and to check the conditions of the content.

If the Customer discovers any abnormality, he/she must refuse the Product delivery, or put in writing their reserves, detailed and dated (e.g. “I accept the delivery with reserve of verification, even if a box is dirty on one side, date, signature”). If the document of the courier is signed without “reserve”, the Customer cannot complain about the condition of the boxes at a later date. Any problems concerning the physical integrity, correspondence or totality of the Products received, should be communicated within and not after 3 (three) days from the date of delivery.

Particular delivery terms and conditions must be previously agreed between the Customer and Tomassini Arredamenti S.r.l., and accepted in writing by Tomassini Arredamenti S.r.l..


6. Delivery acceptance and claims


The Customer must accept delivery of the Products ordered according to the address and modalities indicated by the courier, as stipulated on the order form. If the Customer does not accept the goods according to the terms indicated by the courier, extra costs maybe incurred and, in most extreme cases, the goods shall be returned to Tomassini Arredamenti S.r.l..

International delivery does not include, unless otherwise agreed, taxes, duties, or all costs concerning quarantine or fumigation (such as Australia), that should be paid by the customer before delivery. Non payment may cause delays (for which Tomassini Arredamenti is not responsible) and, in most extreme cases, the goods shall be returned to our warehouse, and all extra expenses charged to the customer.

If the product received is not conform to the order form, the Customer must return it to Tomassini Arredamenti S.r.l. within 7 (seven) days from the date of delivery, with the package closed, undamaged and not modified and in any case resalable, in its original condition and packaging together with the delivery note. Only after having received the Product exclusively with the above-mentioned modalities, Tomassini Arredamenti S.r.l. will redeliver the correct Product, as stated in the order form, free of charge.


7. Force Majeure


Apart from all those cases normally considered by law as force majeure, also the following are included:

- strikes inside or outside the company, blockage of transport or supplies for any reason, government or legal restrictions, computer break down or telecommunication interruption.

Order processing will be suspended initially and with full rights in case of force majeure. If after 3 (three) months, the parties acknowledge the persistence of force majeure, the order will be automatically cancelled, unless otherwise agreed between the parties.


8. Product Warranty – Technical assistance


Tomassini Arredamenti S.r.l. guarantees only product integrity upon delivery (below, “Tomassini Arredamenti S.r.l. Warranty”).

8.1 Any fault covered by Tomassini Arredamenti S.r.l. Warranty must be reported by the Customer within and not after 3 (three) days from the date of delivery, otherwise the Warranty is not valid. If the Tomassini Arredamenti S.r.l. Warranty is implemented, the Customer has the right only to the substitution of the damaged product/s (after Tomassini Arredamenti has received the faulty item /s back), and has no right to compensation for any other kind of damage. Shipping costs due to the substitution of product/s are free of charge.

8.2 Apart from that mentioned in article 8.1, Tomassini Arredamenti S.r.l. does not grant further guarantee from that of the single manufacturers. Technical assistance and interventions under guarantee on Products are carried out, where provided, by the single manufacturers, according to the terms and modalities stated in the documentation attached to the same products. In particular, Tomassini Arredamenti, does not guarantee the Product compatibility with other products or appliances used by the Customer, nor does it guarantee the suitability of Products for the specific use that the Customer desires.

8.3 Apart from possible misconduct or serious negligence by Tomassini Arredamenti S.r.l., it is hereby agreed, in the case that responsibility of Tomassini Arredamenti S.r.l. towards the Customer for any reason is ascertained – including total or partial non-fulfilment of obligations on behalf of Tomassini Arredamenti S.r.l. towards the Customer for the execution of an order – the responsibility of Tomassini Arredamenti S.r.l. cannot be higher than the price of the Products purchased by the Customer and for which the claim arose.


9. Return policy


9.1 According to art. 5 of Decree Law 22 May 1999 no. 185, the Customer (whenever described as “consumer” according to art. 1 item b) of Decree Law 22 May 1999 no. 185) has the right to cancel the contract and return the Products ordered with no penalty and without specifying the reason, within 14 (fourteen) days of receiving the Products in question.

9.2 The Customer has the right to cancel without indicating the reasons, as above mentioned in article 9.1, within 14 (fourteen) days. The return policy expires after 14 (fourteen) days from the day in which the Customer (and not the courier), or third party designated by the same Customer, physically receives the goods.

To exercise the right to cancel, the Customer must inform Tomassini Arredamenti S.r.l.:

by mail: Tomassini Arredamenti S.r.l. - Via Curio Fornaci, 3 – 05100 Terni (TR) - ITALY
by fax: +39 0744 309966
by email: customers@tomassiniarredamenti.it

of the decision to cancel the contract, by sending an explicit declaration by mail, fax or e-mail.

To respect the time limit of the return policy, the Customer needs only to send the relative communication of the right to cancel within the 14 (fourteen) days as indicated above.

9.3 Effects of cancellation

Upon contract cancellation, all payments carried out by the Customer in our favour shall be reimbursed, including delivery costs, without undue delay and in any case not more than 14 (fourteen) days from the day we were informed of the decision to cancel the present contract.

Reimbursements shall be carried out using the same method of payment adopted for the initial transaction, unless otherwise stated by the Customer; in any case the Customer shall not sustain any charges for this reimbursement transaction.

Reimbursement can be suspended until Tomassini Arredamenti S.r.l. receives the goods or documentation that the Customer has returned the goods.

9.4 The goods in question must be returned to us at Tomassini Arredamenti S.r.l. - Via Curio Fornaci, 3 – 05100 Terni (TR) – ITALY without undue delay and in any case within the 14 (fourteen) days from the day we were informed of the decision to cancel the present contract. The deadline is respected if the goods are sent within these 14 (fourteen) days. Costs for returning goods (e.g. shipping) are on behalf of the Customer.

9.5 The Customer shall be solely responsible for any decrease in value due to handling of the Products, different from those necessary to establish their nature, features and function. The goods must be returned in perfect condition and resalable.

9.6 The right of cancellation in article 9.1 can not be exercised by the Customer if the purchased Products are personalized or customized.


10. Payments


We require the following to proceed with an order:

    - 50% of the total amount upon order confirmation

    - 50% when the goods are ready for shipment

Accepted payment modalities are:

    - BANK TRANSFER

    - CREDIT CARD*

    - FINANCING*

* These transactions must be carried out personally at our showroom in Terni, Via Curio Fornaci no.3 (ITALY)

The Customer pledges to settle the agreed amount for the Products ordered (price of Product and any transport) as well as settling, unless otherwise agreed in writing, VAT or other local taxes concerning the importation of Products in the country of delivery.

If Tomassini Arredamenti S.r.l. does not receive payment settlement (when the goods are ready to be shipped) within 30 days following payment request, or in the case of non-payment of VAT and/or relative taxes, Tomassini Arredamenti S.r.l. reserves the faculty of cancelling the order and withholding the down payment.


11. Non-payment / Retention of title


The products ordered belong to Tomassini Arredamenti S.r.l. until final payment covering the whole amount has been received (according to art.1523 and following of the CC.).

Furthermore, Tomassini Arredamenti S.r.l. reserves the faculty of claiming the right of Products ordered in case of non-payment, therefore the Customer shall not receive reimbursement of the down-payment.


12. Claims


Claims of order non-conformity of the Product or Products delivered, must be received in writing directly by Tomassini Arredamenti S.r.l., immediately, and not after 3 (three) days from the day the Customer receives the goods.

We recommend that the Customer preserves the original packing and delivery note for at least 3 (three) days.


13. Personal information


The computer processing of information, including the management of website user email addresses, is carried out according to law.

We ask the Customer for all personal information indispensable for order processing, invoicing and shipment handling.

This information may be communicated to our partners solely for the above-mentioned purpose.

The Customer can oppose this type of communication and according to law has the right to access, modify, rectify and cancel personal data by writing to Tomassini Arredamenti S.r.l. - Via Curio Fornaci, 3 – 05100 Terni (TR) – ITALY.

To avoid fraud, Tomassini Arredamenti S.r.l. can ask for proof of identity and residence.


14. Electronic signature


The “click to validate” represents an electronic signature which has the same value as a handwritten signature.


15. Contesting non-fulfilment


For Tomassini Arredamenti S.r.l. the fact of not contesting a non-fulfilment by the Customer of any obligation, cannot be interpreted as renouncing the commitment in question and the possibility of contesting this non full-fulfilment at a later date.


16. Contract integrality


The present general sales conditions stipulate the totality of obligations by the parties. No other general or specific condition cannot be inserted or removed by the Customer in the present general conditions.
 

17. Copyright Statement


This website is owned and operated by Tomassini Arredamenti S.r.l.. All contents including pictures, designs, logos, photographs, written and other material on our website are under copyright. All worldwide rights are reserved. To reproduce all or part of our website is strictly prohibited without prior written permission by Tomassini Arredamenti S.r.l.


18. Invalidity


If any part of these general terms and conditions is not valid or declared as such by law, by regulation or by a final decision of a competent jurisdiction, the other conditions shall preserve all their validity and value.


19. Governing law


In case of controversy and when there is not a friendly agreement between the parties, it is understood that the eventual applicability of binding consumerism laws (according to art.1 item b) of Decree Law 22 May 1999 no. 185), any controversy concerning the present general conditions shall be assigned to the exclusive competence of the Terni Court.

According to articles 1341 and 1342 of the Civil Code, the Customer declares to have carefully read, understood and accept specifically the following clauses of the Tomassini Arredamenti S.r.l. general sales conditions: 1-2-3-4-5-6-7-8-8.1-8.2-8.3-9-9.1-9.2-9.3-9.4-9.5-10-11-12-13-14-15-16-17-18-19.