Version updated at 25 May 2018
1. SUBJECT
1.1. These General Sales Terms and Conditions for online purchases (hereinafter the "GSTC") govern the contract (hereinafter the "CONTRACT") for the sale of clothing and accessories identified exclusively by the TERRANOVA® trademark (hereinafter the "PRODUCTS") sold by Teddy S.p.A. - with head offices at Via Coriano 58, GROS RIMINI Blocco 97, 47924, Rimini VAT no. 00953910403 (hereinafter "TEDDY") - through its website www.terranovastyle.com (hereinafter the "WEBSITE") to WEBSITE users (hereinafter the "CUSTOMER" or "CUSTOMERS").
1.2. In these GSTC, the term CUSTOMER or CUSTOMERS indicates the "consumer" or "consumers" pursuant to art. 3, paragraph 1, letter a) of Legislative Decree no. 206 dated 6 September 2005 (hereinafter the "CODE") or in other words, "any natural person acting for purposes which are unrelated to their trade, business, craft or profession”.
2. EFFECTIVENESS AND MODIFICATIONS TO THE GSTC
2.1. The GSTC are available on the WEBSITE so they can easily be read by the CUSTOMER prior to registration and before purchasing PRODUCTS. They are deemed to be accepted, along with registration and the sending of the purchase order form and can memorised on the CLIENT’S computer and reproduced on paper media, by printing the file containing them.
2.2. The GSTC applicable to the sale of the PRODUCTS are those published on the WEBSITE on the date of the order placed for PRODUCTS. The CUSTOMER should therefore read the GSTC every time he/she intends to make a purchase on the WEBSITE.
2.3. Mere tolerance by TEDDY of any breaches by the CUSTOMER regarding the contents of the GSTC or failure of TEDDY to raise an objection to the same cannot be interpreted as tacit acceptance of any such breaches, nor as an intention to suspend the terms previously agreed between the parties.
3. REGISTRATION AND PURCHASING PROCEDURE
3.1. CUSTOMERS intending to purchase PRODUCTS must indicate this intention by registering their personal details and sending a request made directly on the WEBSITE where, by following the purchase procedure indicated therein, they will send their electronic purchase order (hereinafter the “ORDER”) and make the relevant payment online.
3.2. The order form contains a link to the GSTC and a summary of information regarding the main features of each product ordered and the relevant price, expressed in Euro (inclusive of all applicable taxes and duties), the means of payment chosen, the delivery terms for the products purchased and shipment and delivery costs, as well as costs linked to the payment method chosen. Before sending the ORDER, the CUSTOMER must carefully read the contents of the order form in full and identify and correct any errors in the data input.
3.3. CUSTOMERS may access their order form by consulting the "PROFILE" section and should they wish to cancel or modify the ORDER, by either increasing or decreasing the quantity of PRODUCTS previously ordered or simply modifying it by inputting new articles to add to or replace the PRODUCTS ordered, must necessarily send an email to the following address: helpme@terranovastyle.com, providing the relevant shipment has not already been confirmed by TEDDY by email confirming order fulfilment (hereinafter the “ORDER READY FOR SHIPMENT CONFIRMATION”) as per art. 3.5 below.
3.4. Once the ORDER has been received, TEDDY will send the CUSTOMER an email confirming the order (hereinafter the “ORDER CONFIRMATION”), containing a summary of information relating to the sale and will process the ORDER, with the exception pursuant to art. 3.6 below.
3.5. All orders for the purchase of PRODUCTS are subject to availability of the latter and therefore, subject to confirmation by TEDDY, which will communicate availability by sending the CUSTOMER an ORDER READY FOR SHIPMENT CONFIRMATION by email.
3.6. In the event of failure to fulfil the ORDER due to the unavailability of one of the PRODUCTS ordered, TEDDY will inform the CUSTOMER by email and will request ORDER confirmation from the CUSTOMER for the purchase of the remaining available PRODUCTS. In any case, unavailability of one or more of the PRODUCTS ordered does not automatically give the CUSTOMER the right to cancel the entire ORDER.
3.7. The CONTRACT between the CUSTOMER and TEDDY is regulated by the ORDER, the ORDER READY FOR SHIPMENT CONFIRMATION and the GSTC (the latter published on the WEBSITE), as well as the Privacy Policy and the ecommerce information sheet (hereinafter jointly the “PRIVACY POLICY”), both published on the WEBSITE.
4. RIGHTS AND OBLIGATIONS OF TEDDY
4.1. TEDDY undertakes to deliver the PRODUCTS to the address and pursuant to the terms indicated by the CUSTOMER in the ORDER. TEDDY will not be liable for any delivery errors due to inaccurate or incomplete information on the ORDER or the unavailability of the CUSTOMER. Deliveries will be made by express courier therefore, P.O. box addresses cannot be accepted.
4.2. In the event of either total or partial return of PRODUCTS on the basis of the right of withdrawal or the legal guarantee, TEDDY, in compliance with the provisions of arts. 10 and 11 below, will refund only the sums due, as neither exchanges nor replacements are envisaged.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The CUSTOMER is solely liable for the truthfulness of the data and correctness of the information given to TEDDY during registration on the WEBSITE and undertakes to promptly communicate any variations in the data input.
5.2. During registration and sending of the ORDER, the CUSTOMER declares having read, understood and accepted the GSTC and the other information on the WEBSSITE, including the PRIVACY POLICY; the CUSTOMER further declares being 18 years of age or over and having the necessary legal capacity.
5.3. Once the purchase procedure on the WEBSITE has been terminated, the CUSTOMER undertakes to save an electronic copy of the ORDER and the GSTC and to print and keep the same, pursuant to art. 2.1 above.
6. USE OF THE WEBSITE
6.1. The basic characteristics of the PRODUCTS are presented on the WEBSITE in each product information form. The images and colours of the products on sale on the WEBSITE may not correspond exactly to the real ones due to the effect of the Internet browser or the monitor used at the time of connecting to the WEBSITE.
6.2. As they are beyond its control, TEDDY does not accept liability for any problems the CUSTOMER may encounter in using the WEBSITE and the technologies adopted therein as they are outside its control. These include, but are not limited to:
a) any errors, delays or impossibilities to access the WEBSITE by the CUSTOMER during the sale procedure;
b) any errors, delays or impossibilities for the CUSTOMER to receive communications made by TEDDY in relation to the sale of PRODUCTS.
6.3. In any case, TEDDY undertakes, within its possibilities, to solve any problems that may arise and to offer the assistance necessary to the CUSTOMER for a prompt and satisfactory solution to the above problems.
7. PRICES AND PAYMENTS
7.1. PRODUCT prices are those effectively displayed on the WEBSITE when the CUSTOMER places the ORDER and, unless otherwise specified, are inclusive of VAT. For each of the PRODUCTS, the respective shipment and delivery costs must be added to the prices displayed on the WEBSITE, as well as any costs relating to the payment method chosen; these will be duly indicated and summarised before the ORDER is issued and subsequently, also on the ORDER CONFIRMATION.
7.2. The total price for the purchase of PRODUCTS and shipment and delivery costs, as indicated in the ORDER, will be charged to the CUSTOMER only at the moment of shipment of the PRODUCTS, as previously confirmed by the ORDER READY FOR SHIPMENT CONFIRMATION, without prejudice to the provisions pursuant to arts. 7.3 and 8.3 below.
7.3. Payment can be made by credit card, PayPal or payment on delivery, in other words, in cash when goods are delivered. The latter form of payment can only be used if goods are delivered to the consignee’s address.
7.4 For credit card payments, further to a request by TEDDY, the CUSTOMER undertakes to send a copy of an identity document proving the effective ownership of the credit card used, it being understood that in the event of failure to do so, TEDDY may refuse the payment and cancel the ORDER.
8. DELIVERY OF PRODUCTS TO THE CUSTOMER
8.1. When the courier service entrusted with transport delivers the PRODUCTS to the CUSTOMER, the CUSTOMER must check that the packaging used for shipment – including the material used to seal the packaging – is intact and not damaged, wet or in any other way altered. Any discrepancies must be notified immediately to the courier upon receipt of the PRODUCTS by indicating the same on the delivery documents.
8.2 In order to facilitate and speed up the procedure for checking any discrepancies by TEDDY, for example regarding the quantity and type of PRODUCTS, the CUSTOMER can send an email to the following address: helpme@terranovastyle.com.
8.3. In the event of cash on delivery payment, pursuant to art. 7.3 above, on delivery, which must necessarily be made to the consignee’s address, the CUSTOMER must be ready to pay in Euro the exact amount of the ORDER, inclusive of any shipment costs and additional costs applied for the delivery method chosen, as summarised in the ORDER CONFIRMATION. The courier will not accept cheques and cannot give any change. In the event of a refund, the CUSTOMER must necessarily have and therefore, indicate in the return form (hereinafter the “RETURN FORM”), an IBAN code and the name of the current account holder.
9. DELIVERY AND PICK-UP IN STORE
9.1. The CUSTOMER can freely indicate a TERRANOVA® store of its choice (hereinafter the “STORE”) as the delivery address: in this case, shipment and delivery of PRODUCTS is free.
9.2. In the event of delivery to a STORE, the CUSTOMER should pick-up the PRODUCTS from the 10th day after the ORDER has been place and no later than the following 15 (fifteen) days, by going to the STORE either personally or sending a third party and handing the STORE the ORDER number or a document identifying the CUSTOMER.
9.3. In the event of any difficulty in complying with the timescale for pick-up from the STORE, the CUSTOMER should notify TEDDY in writing at the following address: helpme@terranovastyle.com.
9.4. In the event of late pick-up, in other words, more than 25 (twenty-five) days after the date of the ORDER, without written communication pursuant to the previous article, the CUSTOMER will be liable for any risk of loss or deterioration of the PRODUCTS.
10. RIGHT OF WITHDRAWAL
10.1. With the exception of the provisions pursuant to art. 12 below, the CUSTOMER has the right to withdraw from the contract concluded with TEDDY, without any penalty and without specifying the reason, within 30 days of receiving the PRODUCTS purchased on the WEBSITE or picking them up in store, providing the PRODUCTS to be returned (hereinafter the “RETURNED PRODUCTS”) are intact, have never been worn, particularly with regard to underwear, and are in their original packaging and with all original hangtags, adhesives and labels, as detailed in full in art. 10.4 below.
10.2. In the event of exercising the right to even partial withdrawal, the only expense charged to the CUSTOMER will be costs relating to the return of the RETURNED PRODUCTS, which must be sent in a single shipment.
10.3. Should the CUSTOMER intend to exercise the right of withdrawal indicated in this article, he/she should:
- fill in the PRODUCT RETURN FORM, entering the numerical code of the product or RETURNED PRODUCTS, the reason for the return, specifying “for rightful return”, as well as indicating the IBAN code and name of the current account holder should the payment have been a cash on delivery payment;
- contact a courier service of his/her choice and send, within 30 (thirty) days of notice of withdrawal by e-mail, the products to be returned to TEDDY S.p.A. - LOGISTICA B2C - Via Coriano 58, GROS RIMINI Blocco 97, 47924 Rimini.
In this case, the CUSTOMER assumes all liability in the event of loss or damage to the products during transport until their delivery to TEDDY.
10.4. All PRODUCTS have an identification hangtag, internal labels and their own packaging. All underwear, in particular briefs, have special adhesive protection to guarantee hygiene. In the event of the CUSTOMER exercising the right of withdrawal, TEDDY has the right to not accept any RETURNED PRODUCTS without their respective hangtag, internal labels or adhesive protection or RETURNED PRODUCTS that have been used, worn, washed, damaged or whose basic, quality and hygiene characteristics have been altered.
10.5. If the right of withdrawal is exercised pursuant to the methods and terms described in this article, TEDDY will send the CUSTOMER confirmation of acceptance of the RETURNED PRODUCTS by email and will refund the CUSTOMER the costs sustained for the purchase of these products and any respective shipment and delivery costs, by bank transfer, in compliance with the terms and conditions envisaged and in any case, within 30 (thirty) days of the date of receipt by TEDDY of the CUSTOMER’S decision to withdraw from the sales agreement.
10.6. In any case, TEDDY may withhold the refund until it has received the RETURNED PRODUCTS, or until the CUSTOMER demonstrates they have actually been shipped back to TEDDY, whichever is first.
11. RETURN DUE TO PRODUCT FAULTS OR NON-CONFORMITY
11.1. With regard to the PRODUCTS purchased by the CUSTOMER, TEDDY offers the legal guarantee of conformity pursuant to the terms and conditions envisaged by law, providing the PRODUCTS have been used correctly, with due diligence and in compliance with their intended use and the instructions supplied with them.
11.2. For products that are faulty or not conformant with those ordered (hereinafter “FAULTY PRODUCTS”), the CUSTOMER, without exception, must fill in the RETURN FORM, entering the numerical code of the product and the FAULTY PRODUCTS to be returned and the reason for the return because a “non-compliant item (FAULTY)”, as well as the IBAN and name of the current account holder should payment have been a cash on delivery payment.
11.3. Teddy will:
- contact the courier and arrange for collection within 30 days of the RETURN FORM being sent;
- communicate the date arranged for collection to the CUSTOMER via email.
11.4. Once the FAULTY PRODUCTS have been handed over to the appointed courier, TEDDY exonerates the CUSTOMER of any liability in the event of loss or damage to the products themselves during transport.
11.5. As soon as TEDDY receives the package containing the FAULTY PRODUCTS, it will check the faults challenged and will send the CUSTOMER the relevant email confirmation of receipt of the FAULTY PRODUCTS, attaching the respective credit note to the email, and will then refund, through the bank system, the costs sustained by the CUSTOMER for the purchase of the FAULTY PRODUCTS, and any costs sustained for the shipment and delivery of the same. Meanwhile, any costs linked to returning FAULTY PRODUCTS will be at the expense of TEDDY.
12. RETURNS TO STORE
12.1. The CUSTOMER can also avail itself of the right to withdrawal pursuant to art. 10 and/or the right to return due to faulty or non-compliant products pursuant to art. 11 by returning products to a STORE.
12.2. In the event of the right to withdrawal pursuant to art. 10, within 28 (twenty-eight) days of receipt, at the address indicated in the order or in STORE, of the PRODUCTS purchased on the WEBSITE the CUSTOMER must hand over, either personally or through a third party, the RETURNED PRODUCTS to STORE personnel, along with a copy of the sales invoice attached to the ORDER READY FOR SHIPMENT CONFIRMATION email (hereinafter the “SALES INVOICE”) and a copy of the CUSTOMER’S identity document, providing the RETURNED PRODUCTS are intact, have never been worn and are in their original packaging and with their original hangtags and labels, as detailed in full in art. 10.4 above.
12.3. In the event of cash on delivery payment, after returning to store, the CUSTOMER will have to visit the WEBSITE and fill in the RETURN FORM, specifying the IBAN code and name of the current account holder.
12.4. In the event of the right to return due to faulty or non-compliant products pursuant to art. 11, as soon as the fault is noted, the CUSTOMER should promptly, either personally or through a third party, hand over the FAULTY PRODUCT(S) to STORE personnel, along with the SALES INVOICE and a copy of the CUSTOMER’S identity document, providing the products to be returned still have their original internal labels.
12.5. In the event of cash on delivery payment, the CUSTOMER should proceed as specified in art. 12.3 above.
12.6. STORE personnel will issue the CUSTOMER or any appointed third party with the relevant return acceptance document and immediately activate the bank procedure to refund any costs sustained in purchasing the RETURNED PRODUCTS and the FAULTY PRODUCTS respectively listed in arts. 10.5 and 11.5 above and without prejudice to fulfilment of the provisions pursuant to arts. 12.3 and/or 12.5 above.
13. PROTECTION OF PERSONAL DATA
13.1. TEDDY guarantees the CUSTOMER that any personal data acquired in relation to the sale of PRODUCTS will always be processed in a legitimate and correct manner, in full compliance with the provisions of Regulation EU 2016/679 (hereinafter the “REGULATION”) and applicable Italian legislation, in compliance with the provisions of the PRIVACY POLICY, which is published on the WEBSITE and is printable.
13.2. For all information regarding the processing of personal data, reference is made to the PRIVACY POLICY. The CUSTOMER is reminded that, if required, further information on the processing of personal data, as well as information regarding exercising of the rights provided for in arts. 15 and 22 of the Regulation and applicable Italian legislation, including the right to revoke consent to data processing, can be obtained by sending an email to helpme@terranovastyle.com or by contacting TEDDY at the address indicated above.
14. COMMUNICATIONS
For any assistance required or complaints regarding the PRODUCTS purchased, CUSTOMERS may contact TEDDY at the following email address: helpme@terranovastyle.com.
15. APPLICABLE LAW AND JURISDICTION
15.1. These GSTC are governed by Italian law and in particular, by the CODE and Legislative Decree no. 70 dated 9 April 2003 with regard to certain particulars relating to ecommerce.