Terms and Conditions of sale

  1. DEFINITIONS

The terms and expressions listed hereunder have the meaning specified in the definition, being understood that the terms defined in the singular form are to be considered defined even in the plural form and vice-versa.

  • Customer: means any person or company purchasing one or more Products from the Webstore, accepting the General Terms and Conditions.
● Compagnia Mercantile: means Compagnia Mercantile S.r.l. with registered office in Via Meucci 16 30035 Mirano (Venice), registered with the Company Register of Venice and Economic and Administrative Index 208829,Tax Code and VAT No. 02293390270.
● Parties: means Compagnia Mercantile and the Customers, jointly.
● General terms and conditions: means these general terms and conditions of sale and any possible future versions, which Compagnia Mercantile may publish on the Webstore.
● Webstore: means a virtual shop, managed by Compagnia Mercantile and accessible at the URLs tabarro.com and tabarro.it, where Products are available for sale.
● Sale and purchase agreements: means the sale and purchase agreements of the Products that Compagnia Mercantile and the Customers enter into, pursuant to art. 3, through the Webstore.
● Orders: mean the Product purchase orders placed by the Customers pursuant to the General Terms and Conditions and in accordance with the procedure set out under art. 6.
● Order Confirmation: means the e-mail message by means of which Compagnia Mercantile informs the Customers of the acceptance of the Order.
● Price: means the retail price of the Product as specified in the Webstore near the Products on sale.
● Products: means the products published in the Webstore for sale.
● Account: means the area in the Webstore, where Customers are allowed, following authentication, to: (i) monitor and update personal data and address where the ordered Product is shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function/setting concerning their activity in the Webstore.
  1. SUBJECT MATTER

2.1 The General Terms and Conditions regulate and are an integral part of all the Sale and Purchase Agreements.

2.2 Compagnia Mercantile has the right to modify the General Terms and Conditions at any time, being understood that the version of the General Terms and Conditions to be applied to the Sale and Purchase Agreements will be that published in the Webstore when the Customers place the Orders.

2.3 In case of a conflict between the General Terms and Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the Webstore, the terms and conditions more favourable to the Customers will apply.

  1. SALE AND PURCHASE AGREEMENTS

3.1 Compagnia Mercantile undertakes to send the Order Confirmation to the Customers within 10 working days from when they receive the Orders from the Customers.

3.2 Sale and Purchase Agreements are entered into between the Parties at the time the Customers receive the Order Confirmation. Should the Customers not receive the Order Confirmation within the deadline under art 3.1, the related Order will be considered rejected by Compagnia Mercantile and thus have no effect.

3.3 By placing the Orders, the Customers declare to have read all the instructions referring to the purchase methods of the Products pursuant to art. 6, and declare to have fully accepted the General Terms and Conditions and to have read all additional information available in the Webstore, including information accessible through links.

3.4 The Orders will be saved in the Webstore database according to the methods and in compliance with Italian Legislative Decree no. 196 dated 30.06.2003 (“Privacy Code”) and will be accessible by contacting Compagnia Mercantile at the contact details specified under art. 16 or via the customer’s Account.

  1. AVAILABILITY OF THE PRODUCTS

4.1 Without prejudice to that stated under art. 4.6, Compagnia Mercantile indicates near each Product published on the Webstore whether the product is (i) in stock; (ii) not in stock.

4.2 The range of Products published in the Webstore and their availability may vary at any time without Compagnia Mercantile being liable towards the Customer.

4.3 The availability of the Products indicated in the Webstore is by no means binding, being understood that, pursuant to art. 4.1 (ii), Customers cannot order Products indicated as “not available”. Should a Product (indicated as available at the time the Customer placed the Order) be no longer available, Compagnia Mercantile, without prejudice to that set out in art. 3.2, undertakes to inform the Customer via email about when the Product(s) ordered is/are expected to be available again. The Customer can cancel the Order within 48 hours from the reception of Compagnia Mercantile’s email (without prejudice to the right of withdrawal pursuant to art. 9) by sending an email to the address specified in art. 16. In this case, Compagnia Mercantile undertakes to refund the Customer as soon as possible.

4.4 Compagnia Mercantile has the right to not indicate the availability of the/some Product(s) published on the Webstore.

  1. PRICE AND SHIPPING COSTS, TAXES, AND CUSTOMS DUTIES

5.1 The Price is indicated in Euro (€). The applicable Price is that published in the Webstore at the moment in which Customers place their Orders.

5.2 The price includes VAT if the Products are shipped by Compagnia Mercantile and delivered within the European Union. The price does not include VAT if the Products are shipped by Compagnia Mercantile and delivered outside the European Union.

5.3 The Price does not include shipping costs. Compagnia Mercantile has the right to ask its Customers to contribute to the shipping costs, which may vary depending on the type of delivery, quantity of Products to be delivered, volume, weight, and destination.

5.4 The contribution required by Compagnia Mercantile to cover the shipping costs is indicated separately before the Customers place the Orders and will be paid by the Customers together with the Price, according to the methods set out in art. 7.

5.5 Any tax, fee, customs duty or other duty provided by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers, who will make the payment upon delivery of the Products directly to the competent tax or customs authorities or to the courier in charge of the delivery.

  1. PLACING THE ORDERS

6.1 The Customers can place the Orders only after signing up to the Webstore, which can be done by entering all the required data and choosing a password to be used to place the Order and log into their Account at any time later as well.

6.2 The Customers can purchase the Products by selecting them in the Webstore section related to the type of Product required and adding them to the “cart”. To purchase more than one Product, the Customers must follow the above-mentioned procedure and click on “add to cart”. After selecting the Products to be purchased, the Customers must log into the Webstore pursuant to art. 6.1. On the other hand, subscribed Customers must enter the email address and password in the specific fields and click to “proceed to checkout”. After having checked the correctness of the data entered (Product, and “shipping information”), the Customers must choose the payment method pursuant to art. 7. Once they have selected the payment method, the Customers can place the Orders by clicking on “send”.

  1. PAYMENT METHODS

7.1 The Customers may pay the Price (and the part of the shipping costs requested as indicated under art. 5) by credit card, PayPal, bank transfer (payment in advance) or other payment methods indicated by Compagnia Mercantile in the Webstore. Compagnia Mercantile has the right to modify the payment methods at any time, being understood that the payment methods available are those indicated in the Webstore at the time when the Customers place the Orders.

7.2 If the payment is made by credit card, the Price (and the part of the shipping costs requested as indicated under art. 5) will be charged, once the credit card data is verified and the authorisation from the company issuing the credit card is received, when Compagnia Mercantile sends the Order Confirmation. The credit card data entered during the ordering procedure is protected and transmitted directly to the bank in charge of the payments. The payment is made on a secure server directly, with an SSL deciphering key, so as to guarantee a totally safe transaction. The credit card data is not accessible by Compagnia Mercantile or third parties, neither at the time of placement of the Orders nor later.

7.3 Payments via bank transfer must be made indicating the bank details, which can be found in the Webstore, the order number (initial letters included) as description of the payment, which is communicated by Compagnia Mercantile at the time when Customers place the Order and stated in the Order Confirmation.

7.4 For payments made via PayPal, at the time when Customers place the Order, the web session will be redirected to PayPal secure website. On this website, the Customers can complete their payment (including their contribution to the shipping costs pursuant to art. 5) by using their PayPal account in compliance with PayPal terms and conditions of use subscribed by the Customers at that time or previously. The Price and contribution to the shipping costs (pursuant to art. 5) shall be charged on Customers’ PayPal account when Compagnia Mercantile sends the Order Confirmation.

7.5 Upon shipping the Products, Compagnia Mercantile will send the invoice based on the information provided by the Customers. Once issued, the Compagnia Mercantile invoice cannot be modified in any way.

7.6 Pursuant to art. 7, the information received by Compagnia Mercantile will be used solely to complete the procedures related to the sale of Products and refunds, should the Customers exercise the right of withdrawal pursuant to art. 9.

  1. SHIPMENT AND DELIVERY OF PRODUCTS

8.1 Being understood that “shipping” means the handing of the products to the couriers selected on a case-by-case basis pursuant to art. 8.2, Compagnia Mercantile is not bound to ship the Products until Payment is received; once they receive the payment of the Price, Compagnia Mercantile undertakes to ship the Products: (i) when the Products are available (as defined under art. 4): – within 3 working days from the receipt of the communication authorising the charge of payment as under art. 7.2, if payment is made by credit card; – within 3 working days from the time the confirmation of the payment is made available, if the payment is made with methods other than credit card; – (ii) should one or more Products become unavailable (as in the case under art. 4.3), within 3 days from the time the Product or Products is/are in stock again, without prejudice to the Customer’s right to cancel the Order pursuant to the same article (4.3); (iii) in the event that the availability of one or more Product is not indicated (as in the option under art. 4.6) and the Products are in stock when the Customer places the order: – within 3 working days from the receipt of the communication authorising the charge of payment as under art. 7.2 if payment is made by credit card; – within 3 working days from when Compagnia Mercantile has been informed about the payment placed with methods other than credit card; (iv) in case the availability of one or more Products is not indicated (as in the option under art. 4.6) and the Products are not in stock when Customers place the order, within 3 working days from the time the Products are in stock again.

8.2 Compagnia Mercantile ensures the shipment of the Products in the countries indicated in the Webstore via the express couriers selected on a case-by-case basis depending on the Product ordered and its destination. The Products are shipped by Compagnia Mercantile and delivered by the courier selected by Compagnia Mercantile to the address indicated by the Customer after signing up pursuant to art. 6.1 or to another address indicated upon placing the Order.

8.3 Compagnia Mercantile undertakes to ensure that the Products shipped pursuant to articles 8.1 and 8.2 are delivered by the selected couriers: – In Italy within 48 hours from the date of shipment; – outside Italy within 15 days from the date of shipment.

8.4 The delivery terms under art. 8.3 may not, under any circumstance, be considered binding, as Compagnia Mercantile is unable to monitor directly the deliveries after their shipment; therefore, Compagnia Mercantile cannot be held liable in case of a breach of the delivery terms.

8.5 In order to allow the Customers to monitor the progress of the Orders, Compagnia Mercantile issues an Order number, which, once entered in the “my order” section, is accessible from any page of the Webstore, and allows you to verify any order-related information.

8.7 The Customers, or authorised third parties who will be at the address indicated in the Order Confirmation at the time of delivery, must check, upon receiving the order, that: (i) The number and type of Products match those indicated in the courier’s transport document; (ii) the packaging/parcel of the Products, including securing materials is intact, undamaged, not wet, or altered.

8.7 The Customers must report immediately any damage to the packaging/parcel by applying the message “accepted subject to verification” on the courier’s proof of delivery (POD). It is understood that once the POD is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products to Compagnia Mercantile.

8.8 Couriers can deliver the Products only to the Customers or authorised persons; the person to whom the Products are delivered must apply a signature to certify the delivery. Couriers do not deliver to PO boxes nor can they insert the Products in letterboxes or similar places.

  1. RIGHT OF WITHDRAWAL

9.1 Customers who are “consumers” (i.e. private persons acting for scopes not included in any business, commercial, craftsman or professional activity carried out) have the right to withdraw from the Sale and Purchase Agreements within 30 days from the reception of the Products in compliance with art.64 of Italian Legislative Decree no. 206/2005. The Customers may exercise their right to withdraw from the Sale and Purchase Agreements by sending an e-mail to the address stated in art. 16. The email must include: (i) the intention to exercise the right of withdrawal; (ii) the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw.

9.2 In case the Customers exercise the right of withdrawal pursuant to art. 9: (i) the Customers undertake to return the Products within 10 working days from the date on which they communicated the withdrawal, as indicated under art. 9.1; (ii) all Product return-related costs are entirely borne by the Customers; (iii) Compagnia Mercantile undertakes to refund the Price as soon as possible and, in any event, within 30 days from the date in which the Customers communicated the withdrawal, as indicated under art. 9.1, provided that: – the Products are returned intact; – the original package/parcel is returned intact; – accessories, user manuals, etc. are returned intact; the Products have not been used; (iv) Compagnia Mercantile must inform the Customers about the Price refund methods and to this end it may ask Customers for their bank details (IBAN and name of account holder).

9.3 Should the Customers not exercise the right of withdrawal in accordance with art. 9., they will have no right to ask for a refund of the Price.

9.4 As an alternative to exercising the right of withdrawal provided for by art. 9., the “consumer” Customers (according to the definition in art. 9.1) can “change the product” according to the terms and conditions specified in the Webstore.

  1. PRODUCTS’ FLAWS/NON-CONFORMITY

10.1 Should the Products be covered by warranty (commercial/conventional warranty), the Customers must communicate any Product flaw/non-conformity directly to the manufacturer in accordance with the terms and conditions indicated in the warranty.

10.2 The “consumer” Customers (as defined under art. 9.1) have the right granted by article 130 of Italian Legislative Decree 206/05, which must be exercised in accordance to the terms provided for by article 132 of the above mentioned Decree.

  1. PRODUCT LIABILITY

The manufacturer of the Products will be liable for any damage caused by the Products’ defects.

  1. PRIVACY POLICY

Compagnia Mercantile declares and ensures that Customers’ personal data will be processed in compliance with the provisions set out in Italian Legislative Decree 196/03 and subsequent amendments. Pursuant to art. 6.1 or 6.2, details on data processing methods are communicated to the Customers after signing up.

  1. ERRORS AND/OR INACCURACIES IN THE WEBSTORE

13.1 Compagnia Mercantile undertakes to constantly check the Webstore to prevent errors or inaccuracies. However, the Webstore may contain, from time to time, errors, inaccuracies, or omissions anyway.

13.2 Compagnia Mercantile has the right to correct any error, inaccuracy, or omission contained in the Webstore even after an Order has been placed, and to change or update information at any time without prior notice.

  1. INTELLECTUAL PROPERTY

Compagnia Mercantile holds all intellectual property rights related to the Webstore (its content included); both the Webstore and its content cannot be reproduced in whole or in part, transferred by electronic or conventional means, modified, linked or used in any way, without prior written consent from Compagnia Mercantile.

  1. APPLICABLE LAW

15.1 The General Terms and Conditions of Sale and Purchase Agreements are regulated by the laws of the Republic of Italy (and in particular by Italian Legislative Decree no. 206 dated 06/09/2005 – articles from 50 to 67 related to distance contracts – and by Legislative Decree no. 70 dated 09/04/2003 on e-commerce) and will be interpreted accordingly.

15.2 Any dispute arising from and in connection with the General Terms and Conditions and/or the Sale and Purchase Agreements will be submitted to the exclusive jurisdiction of the Court of Venice.

  1. CONTACTS

For further information and support regarding the Webstore or how to purchase off the Webstore and/or about the Sale and Purchase Agreements, the Customers may contact Compagnia Mercantile through our customer service (online@tabarro.it), or by post at the following address: Compagnia Mercantile Via Meucci 16 30035 Mirano (Venice) ITALY

Orders and payments

Shipment and delivery

To ensure quick delivery times, Compagnia Mercantile S.r.l. relies on the best express couriers selected depending on the destination and type of the product. Below you will find a list of countries to which Compagnia Mercantile S.r.l. ships and relative shipping costs. The shipping costs, visible in the cart, will be added to the total during the purchasing process and charged upon payment. Therefore, you do not have to pay the courier upon delivery. Order processing: Orders are processed from 9.00 to 17.00 GMT from Monday to Friday. Orders placed after 17.00 on Fridays will be processed the following Monday – Products indicated as “Available” in Compagnia Mercantile S.r.l. shop will be processed and shipped within 1 or 2 working days from the reception of the payment to Compagnia Mercantile S.r.l. – The purchase cannot be made in case one or more products are “Not Available”. Reviewing the Order: Please log into your account and click “My orders” (visible on all the webstore pages) to check the information related to the order. Then click the order number to display the details. Shipment times: – The material dispatched in Italy is delivered within 24-48 hours from the shipment (holidays excluded). – Shipments within the EU take 2-3 working days. – Shipments outside the EU take 4-5 working days (unless there are delays due to customs clearance). For any request, question, or comment, please contact our Customer Service.