These terms and conditions govern the sales of products on the site tritone.biz and regulate their use. The Seller reserves the right to periodically modify these Terms and Conditions of Sale and the Privacy Policy, for example following changes in legislation or regulations or in the functions of the Site. The aforementioned changes will be made known to Users through the Site with a specific notice and for the duration of 10 (ten) days from the date of the change. The online sale of products on the Site is governed by the rules of the Consumer Code D.lgs. n.206/2005 and the Electronic Commerce Code D.lgs. n. 70/2003. Below are the Terms and Conditions of Sale applicable to any Product sold on the Site.

Art. 1 DEFINITIONS

For the purposes of this contract, the following definitions apply:

Seller: Alu Technology S.r.l., with registered office in Soliera (MO) at via 41019, VAT number 03621420367, email: preventivi@tritone.biz

Terms and conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer.

Site: tritone.biz

Users: any person who accesses the Site and continues browsing.

Customer: any person who purchases the products sold through the Site.

Consumer: the natural person acting for purposes unrelated to professional activity

or entrepreneurial.

Professional: the natural or legal person who acts in the exercise of his entrepreneurial and commercial activity and who purchases with a VAT number.

Products: retail sale, under electronic commerce, mainly of aluminum bulkheads.

Purchase Order or Order: the purchase proposal made by the User through the procedures of the Site and in particular through the Cart.

Purchase: the onerous purchase of the above products from the day of the conclusion of the purchase.

Cart: the phase of the purchase procedure in which the User formulates his purchase proposal, selecting the methods of payment, delivery of the goods and the like.

Art. 2 OBJECT

These Terms and Conditions of Sale concern the products referred to in the following art. 3 and are valid between the Seller and any User who makes, as a Consumer pursuant to current regulations or as a Professional, a purchase on the Site. If any of the conditions are found to be void or ineffective, any nullity or ineffectiveness does not extend to the remaining provisions of these terms and conditions.

Art. 3 DESCRIPTION OF THE PRODUCTS

The Site deals with retail sales, under the e-commerce regime, mainly aluminum bulkheads and the like.

All the products offered are described and illustrated within the Site in their respective sections, there is a video tutorial and an online configurator to build and install the bulkhead. Inside the package there is the mounting kit with the relative manual. The Seller also offers a sales service of custom-made aluminum bulkheads and to this end Users are invited to contact the Seller directly to receive a personalized quote.

The images of the Products on the Site have demonstrative and illustrative purposes and are represented in the best possible way. However, there may be some errors, inaccuracies or small differences between the graphic / photographic representation of the Product and the actual Product. The photographs of the Products presented on the Site therefore do not constitute a contractual element, as they are merely and symbolically representative of the Product purchased. Given this particular method of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if significant.

Art. 4 PRICES

The prices of the Products are displayed in euros. The prices of the online store may vary. In such cases, the prices published at the time of the Order on the online store are considered.

ART. 5 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE

The User may purchase all the Products offered for sale on the Site, as described in the relevant information sheets, following the purchase procedures provided for on the Site itself. At the time of purchase of the Products, the Customer must follow all the instructions contained in the appropriate page of the Site. The Customer must place the Product he wishes to purchase in the appropriate “Cart” and, after having read the Terms and Conditions, with particular reference to the methods of exercising the right of withdrawal and the Privacy Policy, must proceed with the payment. The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order, by the Seller. The acceptance of the Order will be communicated by the Seller to the Customer by means of an email, sent to the e-mail address communicated. The Seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not to process purchase orders that are incomplete or incorrect, or in case of unavailability of the Products or that involve the delivery of the Products ordered in some disadvantaged geographical areas. The Seller will notify the Customer of any impossibility of accepting the orders received as soon as possible from the moment the Customer has transmitted the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an Order by the Seller.

ART.6 PAYMENT METHODS

The payment method available on the Site is PayPal. If the Customer chooses to pay via the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or creating a new account in an easy and immediate way. Each transaction performed with this method will be sent a confirmation email from PayPal. The amount of the order is debited from the account PayPal at the time of acquisition of the order.

Art. 7 SHIPPING AND DELIVERY TIMES OF THE PRODUCT

The Seller will deliver the Products purchased to the address that the customer has indicated at the time of payment by PayPal. Delivery takes place by carriers with standard service, from Monday to Friday, excluding holidays and national holidays. The Products shipped to Italy are approximately delivered within 3-5 working days and within 7 working days in disadvantaged areas and islands. Products shipped within the European Union are delivered approximately within 5-8 working days of shipment. The delivery terms indicated above are purely indicative and not essential. Any variation to the above will be promptly communicated by e-mail to the Customer. The cost of shipping to Italy is free.

The Customer at the time of delivery must check that the packaging is intact and clean and that the Products received correspond to what has been purchased. In the event that a product arrives that has been damaged during transport or different from the one ordered, the Customer must carefully document with photograph the phases of unpacking the goods and the goods themselves, so as to be able to demonstrate any damage. The Customer may request the Replacement from the Seller by e-mail and the Seller will return the correct product.

ART. 8 RIGHT OF WITHDRAWAL

All purchases made by the Consumer Customer at the Site are covered by the guarantee of the right of withdrawal, which gives the possibility to return, for any reason, the product purchased and to obtain a refund of the expense incurred within 14 days.

To exercise this right within 14 working days from the date of delivery of the goods, it is sufficient to inform the Seller that it wishes to withdraw in whole or in part from the purchase by e-mail. Within the same period, the Customer must provide, using a shipping method of his choice, for the shipment of the goods reinserted in its original packaging, intact and in perfect condition complete with all its parts, and carefully packed at the Seller’s headquarters.

The package must include all documents received. Cash on delivery packages will not be accepted.

The only expenses required are those related to the return of the product.
Upon receipt of the goods, once the integrity of the returned Product has been verified, no later than 14 days, the Seller will refund the cost of the goods shipped. Expenses incurred for the return of the goods are excluded from reimbursement.

Without prejudice to the above, it is finally recalled that the Customer is responsible for the decrease in the value of the Products resulting from a handling of the goods other than that necessary to establish their nature, characteristics and functioning.

The Customer acknowledges and expressly accepts that:

– the right of withdrawal does not apply to products received more than 15 working days (in this case the return of the goods will be refused).

– the right of withdrawal cannot be exercised in the event that the products purchased have been used, even partially assembled.

The right of withdrawal is excluded for Professional Customers (purchase with VAT number).

Art. 9 LEGAL GUARANTEE

The Consumer Customer has the right to a legal guarantee of 24 months pursuant to Legislative Decree. 206/2005 and its subsequent amendments.

If the Customer is a Professional, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, so in the case of defects of the Products sold that make them unsuitable for use or that are such as to appreciably decrease their value, the same may request the reduction of the price or the termination of the sale in the cases provided for by the same Civil Code and for this purpose must notify the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.

Art. 10 FORCE MAJEURE

The Seller assumes no responsibility for disservices attributable to force majeure that prevent, in whole or in part, to execute the contract on time. The Seller is not liable to the Customers for any damages, losses and costs incurred as a result of the failure or delayed execution of the contract, having the Customer only entitled to a refund of the price paid.
The Seller is not liable for damages resulting from disconnections, interruptions of the Site, as well as the loss of data consequently occurred and attributable to the same. In case of force majeure, the execution of the Order will be suspended. In the event that it is impossible or difficult to resume the execution of the order, the same will be automatically canceled.

Art. 11 INTELLECTUAL AND INDUSTRIAL PROPERTY

The Site (and its content and graphics), the trademark, the domain name, the related sub-domains and all intellectual and industrial property rights relating to them, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed in any case to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit also on other websites, transfer or otherwise make available to third parties for any reason or otherwise use for purposes other than storage and / or consultation of the Sites and / or the Contents of the Site, without the prior express and formal approval by the Seller.

Art. 12 FAILURE TO EXERCISE A RIGHT

Failure to exercise a right by the Seller does not represent any waiver of action against the Customer or against third parties for the violation of commitments undertaken. The Seller therefore reserves the right to assert its rights in any case, within the terms granted.

Art. 13 PROCESSING OF PERSONAL DATA

The Personal Data provided or acquired will be processed according to principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as Data Controller, processes the Personal Data of Users by adopting the appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. The processing is carried out using IT and / or telematic tools, with organizational methods and with logic strictly related to the purposes indicated. The Data concerning the User is collected for the execution of pre-contractual measures; to fulfill the obligations arising from the contract stipulated; for the registration procedure aimed at purchasing the Products; to follow up on the specific requests addressed to the Owner by the User; for sending information and promotional and commercial offers also through the newsletter service based on the consent freely expressed by the User; for purposes of soft spam for promotional communications concerning the Products purchased without the need for the express and prior consent of the User, as required by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree no. 101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relative consent to the processing where required (Cookie Policy).

Art. 14 APPLICABLE LAW AND JURISDICTION

These Terms and Conditions are entirely governed by Italian law.

Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts stipulated online by the Consumer Customer with the Seller will be the exclusive competence of the Court of the judge of the place of residence of the Consumer (so-called consumer forum).

Any dispute that may arise in relation to the validity, interpretation, execution and termination between the contracts stipulated online by the Professional Customer with the Seller will be the exclusive competence of the Court of …

Art. 15 DISPUTE RESOLUTION

According to Article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation procedure (ADR).

Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint through the ODR platform of the European Union. For more information contact the Seller.

ART.16 COMMUNICATIONS

For further information of any kind, please contact the Seller at the following addresses: preventivi@tritone.biz

Pursuant to art. 1341 and 1342 of the Italian Civil Code, the Customer declares to have carefully read and accept all the clauses of these Terms and Conditions of Sale and in particular those of articles 3, 5, 7, 8, 9, 10, 11 and 14