Our Products are shipped using express couriers, in accordance with the nature of the order (weight, volume, destination and so on). T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. decides which courier to use. The shipping costs (as per the table below) are calculated on the basis of the weight when purchased and they are displayed as part of the Order procedure prior to an Order being confirmed.
The day on which the package is shipped, we will send a confirmation email. Indicative times for shipping are as follows:
ITALY – NORTH and CENTRE: 1-2 working days
ITALY – SOUTH and ISLANDS: 2-3 working days
EUROPE: 4-5 working days
It is possible to send order items to a different address to the one indicated when registering. To avoid any problems or delays in delivery, we recommend indicating an address where someone is always present (e.g. a workplace). An alternate address can be indicated in the specific fields at the time of making an Order. Should the Customer not be present when the package is delivered, the courier will leave a notification indicating the terms for collection or potentially a second delivery attempt.
For orders to be sent to countries outside of the European Union, additional charges and duties might be payable by the recipient. When a package is delivered, the Customer shall check the packages are not damaged and nothing has been opened, broken or become wet, and nothing has been tampered with or harmed in any way. In the case of any problems, the shipment must be accepted but the “RECEIVED WITH RESERVATION” option must be signed, indicating the reason directly on the delivery note. Please remember that signing the relevant form without indicating any obvious damage, the courier is relieved of any liability for damage occurring during transport. T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. is not liable, to the buyer, in cases of non-delivery or delayed delivery, even partial, due to force majeure, unforeseeable circumstances and in all instances attributable to the responsibility of the courier.
Orders normally take 3 to 10 days to fulfil. Should we be unable to comply with such a deadline, the Customer will be promptly informed via email, indicating the scheduled delivery date. In this case, the Customer has the right to cancel the Order within 24 hours of receiving such a message by sending written communication, which can be an ordinary email. Should T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. not receive, within that period, written communication from the Customer about its intention to cancel the Order, then the Order shall be deemed confirmed with the new delivery date.
Product information, obligations and guarantees
The Products are represented and visible on the Website in an accurate manner that corresponds to their actual characteristics. However, since the material is natural and subject to variations in size, T.A.M.I.L. S.n.c di Milani Marco, Daniele e C. cannot 100% guarantee that the Products will match the images and colours as they appear on the Customer’s monitor. Thus, the colouring is not a matter that can be disputed and T.A.M.I.L. S.n.c di Milani Marco, Daniele e C. guarantees a size tolerance of +/- 5%. The Parties mutually acknowledge that limited cases might occur in which products on the Website are no longer available or for sale at the time the User accesses the Website – in such a case, the User will be informed, via a notification on the product details page – and that the prices could change.
Pursuant to Articles 52 and following of the Consumer Code, a Customer who is a natural person (i.e. a consumer) may exercise the right of withdrawal without having to provide any reason. As part of our efforts to constantly improve our services and our Products, we would greatly appreciate receiving, even very briefly, a comment as to what happened. This right of withdrawal is not granted to legal persons (e.g. companies, retailers and so on) and to natural persons acting for purposes linked to their business. The right of withdrawal must be exercised by indicating the intention to withdraw via registered letter with return receipt or via email to email@example.com, within 14 days from the date of receiving the goods. The consumer can exercise this right of withdrawal by making a clear statement of the intention to exercise the right to withdrawal from the Contract or by using the standard withdrawal form below addressed to T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. – Valgreghentino (23857- Lecco province), Via Aldo Moro 16 or sent via email to firstname.lastname@example.org:
By exercising this right, the consumer must return the goods, at his/her own expense and responsibility for the transport, without any undue delay and within no more than 14 days from the date on which the communication about the withdrawal is received by T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. and the Customer shall be entitled to the reimbursement of the entire amount paid for the returned item, including the shipping costs (except in the case of multiple Orders where the right of withdrawal is only exercised for certain items). T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. will reimburse the amount without any undue delay and, in any case, within 14 days of receiving the communication indicating the desire to exercise the right of withdrawal, although it retains the right to withhold this reimbursement until it has received the goods or the consumer can prove it has sent them. The reimbursement can be made using the same means with which the payment was made by the consumer, where the payment was made by Paypal or bank transfer, or using a different means, where the consumer and T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. have expressly agreed otherwise.
Where requested by T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C., the consumer must show the following information and documents: proof of the shipment returning the goods to T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. (e.g. receipt from the courier, delivery note, etc.); in the case of partial withdrawal, the code(s) for the item(s) to be returned; and the bank details for the transfer (IBAN code of the invoice holder’s current account). The right of withdrawal does not apply to all products that were originally sealed, but have been opened by the consumer. The goods must be returned intact and complete, otherwise T.A.M.I.L. S.n.c di Milani Marco, Daniele e C. shall reject the shipment and the goods will be returned to the consumer.
Legal guarantee of conformity
All the Products sold on the Website are covered by the legal guarantee of conformity envisaged by Articles 128-135 of Legislative Decree no. 206/2005 (Consumer Code). This legal guarantee is solely for consumers, while those not classed as consumers are covered by the guarantees for defects on goods sold, the guarantee for defects in promised and essential quality and the other guarantees envisaged by the Italian Civil Code. T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. shall be liable to the consumer for any lack of conformity that is present at the time of delivery of the product or that becomes apparent within two years of the delivery. Any such lack of conformity must be reported to T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C., under penalty of forfeiting the guarantee, within two months of the date on which it was discovered. To enforce this legal guarantee, the consumer must provide proof of the date of purchase and delivery of the goods. As such, consumers should keep the Order Confirmation email, the purchase invoice, the transport document and any other document that can certify the date of the purchase (for example a credit card statement) and of the delivery.
A conformity defect exists when the item purchased:
- is not fit for the purpose for which goods of the same type are normally used;
- does not match the seller’s description and does not possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
- does not have the qualities and performance which are customary for such goods and which the consumer can reasonably expect, including given any advertising or labelling claims;
- is not suitable for a specific use by the consumer, where the consumer informed the seller of this use at the time of purchase and the seller accepted this use.
For any duly reported conformity defect, the consumer has the right:
– as a primary remedy, to the item being repaired or replaced without charge, at the consumer’s choice, unless the required remedy is objectively impossible or excessively burdensome for the other party;
– as a secondary remedy (should the repair or replacement of the item be impossible or excessively burdensome, the repair or replacement was not carried out within a reasonable period or the repair or replacement previously carried out caused significant inconvenience to the consumer), to a reduction in the price or to the termination of the Contract, at the consumer’s choice.
The required remedy is held to be excessively burdensome if it imposes unreasonable costs on the seller in comparison with the alternative remedies available, taking into account (i) the value the goods would have if there were no conformity defect; (ii) the extent of the conformity defect; (iii) the alternative remedy could be provided without significant inconvenience to the consumer. Where a product purchased on the Website, during the period of validity of the Legal Guarantee, manifests what may be a conformity defect, the consumer can contact T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. at email@example.com.
Applicable Law and Competent Court
The sales contract between the Customer and T.A.M.I.L. S.n.c. di Milani Marco, Daniele e C. is entered into in Italy and governed by Italian law. Any disputes concerning the interpretation, performance or termination of these General Terms and Conditions or individual purchase orders, where the Customer is a consumer pursuant to the Consumer Code, shall be the exclusive jurisdiction of the court of his/her town/city of residence or domicile, if in Italy; in all other cases, the Court of Lecco shall have jurisdiction, with any other jurisdiction being excluded.
Customer care, complaints, ADR/ODR
Customers should be aware they can request information, send communications or submit complaints to firstname.lastname@example.org.
Moreover, where a Customer is defined as a consumer – and it has proven impossible to resolve a complaint made by the consumer – there is an online European platform that provides an alternative dispute resolution tool. This tool can be used by European consumers to find non-judicial resolutions to any dispute related to contracts for the sale of goods and services entered into online and/or arising from the same. It is available at: http://ec.europa.eu/consumers/odr/. Consumers can use this platform to view the list of ADR bodies, find the links to their websites and initiate an online dispute resolution procedure.