CONDITIONS OF SALE
T.G.S TRADITIONAL GOODS&SERVICES S.R.L., with registered office in Via Giuseppe Meda 7, 20136 Milano (MI), registered in the Register of Companies of Milan REA No. (2506248), Owner of the website www.smarthalal.it.
We wish to inform you that the Conditions of Sale set out below clearly and comprehensibly indicate the conditions and methods by which you can make your purchases online in the shop T.G.S. TRADITIONAL GOODS&SERVICES S.R.L..
We therefore invite you to read and accept them in order to use all our online services quickly, safely and in full compliance with the principles of good faith and fairness in business transactions.
Acceptance of the general conditions of sale
- The contract stipulated between T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. and the Customer must be considered concluded with the acceptance, even if only partial, of the order by T.G.S. TRADITIONAL GOODS&SERVICES S.R.L.. This acceptance is considered tacit, unless otherwise communicated in any way to the customer. By placing an order in the various ways provided, the customer declares to have read all the information provided to him during the purchase process, and to accept in full the general conditions and payment transcribed below.
- If the customer is a consumer (ie a natural person who buys goods for purposes not related to his professional activity), once the online purchase procedure, will print or save an electronic copy and still keep these general conditions of sale, in accordance with the provisions of the laws in force in Italy on distance selling.
- It is excluded any right of the customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or property, caused by the non-acceptance, even partial, of an order.
Methods of purchase
- The customer can only purchase products in the electronic catalog of T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. at the time of placing the order and viewable online at the address (URL) http://wwwsmarthalal.it, as described in the relevant information sheets. It is understood that the image accompanying the description of a product may not be perfectly representative of its characteristics but differ in color, size, and accessories in the figure.
- The correct receipt of the order is confirmed by T.G.S. TRADITIONAL GOODS&SERVICES S.R.L., through a reply via e-mail, sent to the e-mail address communicated by the customer. This confirmation message will contain the date and time of execution of the order and a ‘Customer Order Number’, to be used in any further communication with T.G.S. TRADITIONAL GOODS&SERVICES S.R.L.. The message re-proposes all the data entered by the customer who undertakes to verify the correctness and to communicate any corrections promptly, according to the procedures described in this document.
- In case of non-acceptance of the order, T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. guarantees timely communication to the customer.
Methods of payment
- Credit card
(Convenient and secure means) – Our servers are protected by SSL protocol and accurate encryption. At the time of payment you will be automatically connected with an interface and your data will be managed directly by the bank, T.G.S. TRADITIONAL GOODS & SERVICES S.R.L. will never know. All this to ensure maximum security and privacy of our customers.
7.1 In case of cancellation of the order, both by the customer and in case of non-acceptance of the same by T.G.S. TRADITIONAL GOODS&SERVICES S.R.L., will be requested at the same time by the company the cancellation of the transaction and the release of the amount committed. The release times, for some types of cards, depend exclusively on the banking system and can reach their natural expiry date (24 days from the date of authorization). Once the transaction has been cancelled, in no case can T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. be held responsible for any damage, direct or indirect, caused by delay in the failure to release the amount committed by the banking system.
7.2 T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. reserves the right to request additional information from the Customer (e.g. landline telephone number) or to send a copy of documents proving the ownership of the card used. In the absence of the required documentation, T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. reserves the right not to accept the order.
7.3 At no time during the purchase procedure is T.G.S TRADITIONAL GOODS&SERVICES S.R.L. able to know the information relating to the buyer’s credit card, transmitted via secure connection directly to the site of the bank that manages the transaction. No computer file of T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. will keep such data. Under no circumstances can T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. be held responsible for any fraudulent or improper use of credit cards by third parties, upon payment of products purchased on T.G.S. TRADITIONAL GOODS&SERVICES S.R.L.
- Cash on delivery
In the case of cash on delivery, payment must be made exclusively with cash or by CIRCULAR cheque made out to the courier who will make the delivery. Nothing more than what is indicated at the time of the order will be due from the Customer.
For orders coming from abroad with an amount higher than 250,00 euro and for those coming from Italy with an amount higher than 500,00 euro, it is not possible to accept cash on delivery as a method of payment.
- Anticipated Bank Transfer
In case of payment by bank transfer in advance, the amount ordered by the customer will be kept committed until receipt of proof of transfer, to be sent to T.G.S. TRADITIONAL GOODS & SERVICES S.R.L. (by fax or e-mail) no later than 3 working days from the date of acceptance of the order. The sending of the order will take place only at the time of the actual crediting of the amount due on the account of T.G.S TRADITIONAL GOODS&SERVICES S.R.L. which must be within 7 working days from the date of acceptance of the order. Once these deadlines have been exceeded, the order will be considered automatically cancelled.
The reason for the bank transfer must be reported:
– the reference number of the order;
– the date of execution of the order;
– name and surname of the holder of the order.
Make the transfer in favor of: T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. – Ubi Banca Group
– (IBAN) IT 83 G 0311101634000000001401
– (BIC, SWIFT CODE) BLOPIT33
Professionals who wish to receive an invoice are kindly requested to ask for it when placing their order and to provide a VAT number.
- Unless otherwise indicated in writing, all prices indicated for the products are to be understood as “VAT excluded” and expressed in Euro. VAT will be added to the cost of shipping. The validity of the prices indicated is always and only that indicated by the procedure (quote or cart) at the same time as the order is sent to the Supplier. The prices of some or all of the products may in fact vary several times on the same day without the need for any notice.
- The Company will arrange the delivery of the Products to the address indicated by the Customer by means of selected professional transporters. Unless explicitly indicated by our Customer Service, the delivery is intended at street level. At the time of delivery of the goods by the courier, the customer is required to check:
– that the number of packages delivered corresponds to that indicated in the transport document in advance by e-mail;
– that the packaging is intact, not damaged, not wet or otherwise altered, even in the closing materials (custom adhesive tape T.G.S TRADITIONAL GOODS & SERVICES S.R.L. or plastic straps);
– The Customer acknowledges and accepts that in case of inability to deliver the Products due to his (or her) failure to be present at the time of delivery on the day and time agreed, the Products will not be canceled from the order and the amount will not be credited back to the customer.
– To ensure freshness, the shipment will start from the warehouses of the producers, so the customer can receive multiple packages from each manufacturer related to the products purchased.
- Any damage to the packaging and/or the Products must be immediately notified by the Customer by placing a written reservation of control on the delivery document of the Carrier and specifying the reason for the reservation (for example, “Perforated packaging”, “Tampered with packaging”). For any anomalies found on the Products, other than those due to the physiological deterioration of food products or the mere imperfection of the packaging, the Customer may contact the Company at the email address email@example.com, specifying the defects found and documenting them with photographic material within and no later than 48 hours of receipt of the product, under penalty of forfeiture.
- For orders in Italy and Europe, shipping costs are shown on weight ranges in the cart. Shipping costs may vary depending on the number of packages shipped and shipping is free for orders over 80 €.
Issue of invoice
- At the time of purchase, the customer will receive a copy of his order to his e-mail address.
Right of withdrawal
- Pursuant to art. 59, paragraph 1, letters d) and e) of Legislative Decree no. 206 of 6 September 2005 (Consumer Code), the right of withdrawal is excluded in relation to:
- a) Goods purchased by a customer who is not a consumer and/or who requires an invoice;
- b) Goods that are likely to deteriorate or expire rapidly; and
- c) Sealed goods which are not suitable for return for reasons of hygiene or health protection and which have been opened after delivery.
With reference to the cases of exclusion of the right of withdrawal listed above, the customer, in particular, is informed and accepts that among the products that “risk deteriorating or expire rapidly” include all food products offered by T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. on the website, as the characteristics and qualities of these types of products are subject to alteration as a result of improper storage.
- T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. undertakes to execute the Services in good faith and to fulfil, or ensure that they are fulfilled, with the utmost diligence all the obligations established herein in the spirit of solidarity and self-organization that characterizes and must characterize all the activities and services offered and used by Customers through the Website. T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. will not be responsible for any delays occurred during transport. Similarly, the Company shall not be held responsible for any loss, damage, misdelivery or non-delivery caused by events and/or causes of force majeure or fortuitous event, such as, but not limited to: natural disasters, adverse weather conditions (such as heavy snowfall), any strikes (of their own or other employees), accidents to vehicles, explosions or any other cause, similar or different, occurred outside the control of T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. and not attributable to it, even pre-existing, which prevents or aggravates the total or partial execution of the contract.
The Company will not be liable for any damage resulting from inaccessibility to the Services resulting from problems connected to the network, providers or telephone and / or telematics connections of which the same does not have control, the failure and / or malfunctioning of electronic equipment of the User or suppliers of the Company.
The Company will not be liable for any damage resulting from inaccessibility to the Services resulting from problems connected to the network, providers or telephone and / or telematics connections of which the same does not have control, the failure and / or malfunction of the electronic equipment of the Customer.
- Under Article. 13 of Legislative Decree 30.06.2003 n. 196 (“Code on the Protection of Personal Data”) the T.G.S. TRADITIONAL GOODS & SERVICES S.R.L. declares that the customer’s data will not be disclosed and / or resold to third parties and will be treated by the owner (T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. – with registered office in Via G. Meda n. 7 – 20136 Milan) for the sole purpose of sending you our commercial offers that will reflect your interests, to manage your request for registration to the site and for the purpose of processing your order.
The data may also be processed by third parties (for example, Internet Providers, commercial and marketing services) for activities instrumental to the provision of services reserved for registered users.
Subject to consent, the data may be disclosed to third party companies with the same purposes of the sectors: commercial services and marketing.
Personal Data may be provided directly by the Customer or, in the case of Usage Data, automatically collected during the use of this Application.
Unless otherwise specified, all Data required by this Application is mandatory. If the Customer refuses to disclose it, it may be impossible for this Application to provide the Service. In cases where this Application indicates certain Data as optional, Customers are free to refrain from disclosing such Data, without this having any effect on the availability of the Service or its operation.
- The Data are processed at the operating offices of the Owner and in any other place where the parties involved in the processing are located.
If any of the above transfers take place, the Customer may refer to the respective sections of this document or request information from the Holder by contacting him at the contact details given in the opening.
Data are processed and stored for the time required for the purposes for which they were collected, after the complete execution of the order will be deleted within one year from that time.
The following categories of data may be retained for further periods:
– Financial and accounting data (e.g. invoices, payments, refunds, etc.) are retained for the duration required by applicable tax and accounting laws;
– all user-generated content (e.g. products purchased, patterns of behaviour) is rendered anonymous, but remains available for our analysis in an aggregate manner.
At the end of the retention period the Personal Data will be deleted. Therefore, upon expiry of this term, the right of access, cancellation, rectification and the right to portability of the Data may no longer be exercised.
Pursuant to art. 7, Legislative Decree 196/2003 the customer / user has the right to exercise certain rights including know:
– the origin of personal data;
– updating and rectification or, if interested, integration of the data;
– the purpose and methods of treatment;
– the identification details of the owner and manager
– the cancellation, transformation into anonymous form or blocking of data processed unlawfully.
To exercise these rights you can contact the person responsible for data processing, by writing to: T.G.S. TRADITIONAL GOODS&SERVICES S.R.L., with registered office in Via G. Meda n. 7 – 20136 MILAN) e-mail address: firstname.lastname@example.org
- The contract of sale between the customer and T.G.S. TRADITIONAL GOODS&SERVICES S.R.L. is concluded in Italy and governed by Italian law.
For the solution of civil and criminal disputes arising from the conclusion of this contract of sale at a distance, the territorial jurisdiction is that of the Court of territorial jurisdiction of the registered office of T.G.S. TRADITIONAL GOODS & SERVICES S.R.L. and then the Court of Milan.
Pursuant to and for the purposes of Articles 1341-1342 of the Italian Civil Code, the Board of Directors of the Company has the power to make any changes to the Company’s financial statements, The parties declare to have read and understood, and therefore to expressly approve the Articles: 3 order acceptance; 7.1 order cancellation; 7.3 additional information credit cards and fraudulent and improper use of the same by third parties; 11 delivery times; 12 responsibility of the customer for non-delivery in the event of absence of the same; 12 complaints; 15 exclusion of the right of withdrawal; 16 exclusion of liability for delay in transport, force majeure, fortuitous event and inaccessibility to the network; 20 applicable legislation and jurisdiction.
By issuing its final authorization to register, therefore, the customer fully and explicitly approves, without reservation, the above clauses and identified in part in the preceding paragraph.