The website https://www.temakinho.com/, page SHOP, is managed by Temakinho S.p.A., with registered office at Via Francesco Petrarca 6, 20123 Milan (hereinafter also 'Temakinho’).
The website also offers a shop service that allows customers to purchase products with the Temakinho brand (hereinafter, ‘the Products’). Temakinho is the Seller of these Products.
- Scope of Application
1.1. The following terms and conditions regulate the sale and purchase of Products through the shop online.
1.2 The sales and purchases are carried out in full compliance with norms on distance purchasing, embedded in Art. 49 et further of the Consumer Code (Legislative Decree No. 206 of September 6, 2005 and subsequent amendments and additions). Distance purchasing exclusively applies to “consumers” as defined by art. 3 of Legislative Decree 206/2005. Articles can be delivered within the whole European territory.
1.3 These conditions must be carefully examined by the Customer before completing the purchase procedure. It is understood that the execution of the purchase order through the Site entails the whole knowledge of these conditions and their full acceptance, including the payment conditions.
1.4 Each purchase is governed by the following "Terms & Conditions " which, in any case, Temakinho reserves the right to modify. Any new conditions will be effective from the publication on the website and be applicable exclusively to orders made from the day of their publication. The Customer is invited to read these Terms carefully each time he/she wishes to make purchases on the Site.
1.5 Pursuant to art. 12 of Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, Temakinho informs the Customer that:
- A) there are specific instructions for the single phases of the whole purchasing procedure;
- B) each purchase order is stored for the time necessary to fulfill the order itself and, in any case, in accordance with the law;
- C) before submitting the order, the Customer can verify and, if necessary, correct data entry errors by following the instructions indicated on the Site.
- Access to the Website, Purchase Order and Conclusion of the Contract
2.1 In order to proceed with the purchase of the Products, the Customer shall access the “Shop” section of the Website.
2.2. Temakinho cannot be held responsible, at any time or for any period of time, for any unavailability, for whatever reason, of the Website.
2.3 The presentation of products on the Website constitutes an invitation to offer addressed to the public.
2.4 The use of the Website for purchasing orders is expressly reserved to persons over the age of 18. If in any case the Customer is less than 18 years, the purchase order must be submitted involving a parent or guardian.
2.6 Upon receipt of the order, Temakinho will send the Customer an e-mail with the order number and information about the Products ordered, the price details of each product, the shipping address as well as the payment methods and indicative delivery times. This e-mail constitutes acceptance of the proposal and completes the sales contract between the Customer and Temakinho.
2.7 In the event of exhaustion of the Products, due to lack of stock availability of them, Temakinho will promptly notify the Customer of the impossibility of immediate processing of the order and will undertake to deliver the Products as soon as possible. In the event that the Product could not be sent and/or the Customer is no longer interested in the Product, Temakinho will contact the Customer and he/she can communicate his/her decision to cancel the order and terminate the contract, by writing to firstname.lastname@example.org (in this case, Temakinho will refund the Customer of the Product price , the Customer will receive a refund of the Product price), or the Customer may request the sending of another Product at his/her choice.
The price of the articles is published on the website and it is shown in Euro and inclusive of VAT. If any, shipping, taxes, and discounts calculated at checkout.
4.1 Payment by the Customer can be made exclusively by credit card under the terms and conditions provided for by the relevant payment system.
4.2 All transactions are secure and encrypted.
4.3 The total amount of the order is committed to the Customer's credit card at the time the order is placed (when the Customer selects "Pay now") with simultaneous acceptance of the order by Temakinho and preparation of products for shipment.
4.4 For payment purposes, the Customer shall confirm through the Website the data of the credit card holder used for the purchase; then communicate on the website itself the 16-digit number and expiration date, as well as the related security code.
4.5 When concluding payment, the order procedure will be considered effectively concluded too.
4.6 In the event that, for any reason, the payment proves impossible due to an incorrect data entry by the Customer or other technical causes that will be communicated to the Customer by the payment service provider, the Customer will not be able to conclude the purchase procedure; if the Customer decides to leave the payment page according to the methods indicated by the service provider, the inability to complete the order will be displayed.
5.1. The Products shall be delivered to the shipping address indicated by the Customer during the purchase by couriers, appointed by a third party designated by Temakinho to carry out the logistics service (chosen through the Platform http://www.parcelscout.com/).
5.2 Shipping charges and shipping timings may depend on the country of destination. Precisely:
- deliveries to Italy take among 5-9 working days
- deliveries to Europe (Zone 1 – 4) take among 9-15 working days
- deliveries to Europe (Zone 5) take among 9-15 working days
Delivery to the islands may not be guaranteed within the timing indicated.
5.3 The ordered Products will be sent using a suitable packaging.
5.4 In compliance with the provision contained in art. 61 of the Consumer Code, the third party designated by Temakinho to carry out the logistics service will perform the delivery of the products without unjustified delay. For the terms and conditions of the logistics service, see http://www.parcelscout.com/termini-condizioni.html.
5.5 Temakinho is not responsible for any additional customs charge. It is not responsible for loss if the package is sent to the wrong address indicated by the Customer in the purchasing phase.
5.6 No delivery delays can be used as a reason for withdrawal from the contract.
- Warranties and Refund policy
6.1 All products (with the exception of Gift Cards) are covered by a guarantee of 24 (twenty-four) months for the case of lack of conformity, pursuant to Title III of the Consumer Code. In order to enjoy the warranty service, the Customer must keep the invoice, or payment receipt, together with the shipping document.
6.2 The warranty for the lack of conformity will apply as long as the Product has been used correctly, in compliance with its intended use and with the instructions for use and washing that are reported in the Product itself.
6.3 Only the original Customer can require the warranty, provided that he/she shows the original purchase receipt, clearly reporting the date of purchase.
6.4 Changes, misuses or improper use of the product will invalidate the warranty.
6.5 The Customer may return to Temakinho, without any cost, any product with a factory defect. The return of products having manufacturing defects will not entail any additional cost for the Customer.
6.6 To proceed with the return, the Customer must contact Temakinho, by the deadline indicated above, at the e-mail address email@example.com, indicating the Product to be returned and including a photograph and a detailed report of the defects found.
6.7 Once the Customer has received the communication, Temakinho will inform the Customer, within a period of 5 working days, whether the product will be returned or not. In the event that a return is made, Temakinho will indicate to the Customer the methods for collecting or sending the defective product to its offices / warehouses, and the address.
6.8 Each returned Product must be unused and must be sent with all its labels, packaging, original documents and accessories included in it. If the Customer does not comply with these conditions, Temakinho reserves the right to refuse the return.
6.9 Once the Product has been received and the defects detected, Temakinho will give the Customer the possibility to replace the Product with another one having identical features, unless this option is objectively impossible or disproportionate for Temakinho.
6.10 In the event that, due to lack of stock availability of the product, another product with the same features could not be sent, the Customer may choose to terminate the contract (in this case, Temakinho will reimburse the amount paid) or request the sending of another Product chosen by the Customer.
6.11 The delivery of the Product with identical features or of the new Product chosen by the Customer will follow the rules embedded in art. 5 of these “Terms & Conditions”. Shipping timings must be computed starting from the date on which Temakinho confirms to the Customer the replacement of the defective product or the sending of a new model.
6.12 The substitution, the sending of a new model or the termination of the contract will not entail any additional cost for the Customer.
6.13 Should the Customer terminate the contract, Temakinho will proceed to return the full amount paid by the Customer for the purchase of the defective Product (including shipping costs). Temakinho informs the Customer that the deadline for returning the amounts paid will depend on the payment method chosen by the Customer at the time of purchase. In general, if the Customer paid through Credit Card, Temakinho will return the amount paid within 14 working days from the date on which Temakinho communicated to the Customer the acceptance of the return.
- Complaints - Communications - Information
For any complaint, communication or information relating to these Terms & Conditions or about the orders and/or Products, the Customer may contact firstname.lastname@example.org.
- Provisions regarding the protection of personal data
8.1 The collection and processing of data is carried out for the purposes to allow the purchase of Products online in the 'Shop' section of the website, the management of the relative purchase orders, payments, invoices and shipments, as well as the fulfilment of the legal obligations deriving from them (e.g. in accounting and tax matters).
- Applicable law and competent court
9.1 These Terms & Conditions and individual purchase orders are governed by Italian law.
9.2 Any dispute concerning the application, execution, interpretation and violation of these Terms & Conditions and the individual purchase orders, including any action relating to contractual and extra-contractual liability, is dealt with before the Tribunal of Milan.
- Intellectual Property Rights
10.1 Images, photographs, designs, figures, logos and any other material, in any format, relating to the Products that is published on the Website is protected by copyright and by any other intellectual property right of Temakinho.
10.2 The reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the contents of the Site is prohibited unless previously authorized in writing by Temakinho. Any use of the contents of the Site for commercial and / or advertising purposes is also prohibited.
- Unfair Clauses
The Consumer, after having read these Terms & Conditions, pursuant to and for the purposes of art. 1341 of the Italian Civil Code, declares to fully accept and specifically approve the clauses referred to in articles: 2.2 Access to the Website, Purchase Order and Conclusion of the Contract; 5.4, 5.5, 5.6 Shipping; 6.8, 6.9, 6.10, 6.11, 6.12, 6.13 Warranties and Refund policy; 9. Applicable law and competent court; 10. Intellectual Property Rights.