Terms & Conditions
Terms and Conditions of Use | www.tristandarkhorses.com
TRISTAN DARK of Marco Brunetti with registered office in 31054 Possagno (TV), Contrada Masiere 1, C.F. BRNMRC76E14G693I VAT number IT02666620246 is the owner of the website www.tristandarkhorses.com
- ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
1.1 – The contract stipulated between TRISTAN DARK of Marco Brunetti and the Customer must be considered concluded with the acceptance, even if only partial, of the order by TRISTAN DARK of Marco Brunetti. This acceptance is considered tacit, unless otherwise communicated to the Customer in any way. By placing an order in the various ways available, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the general and payment conditions transcribed below.
1.2 – If the Customer is a consumer (i.e. a physical person who purchases the goods for purposes not related to his professional activity), once the online purchase procedure has been completed, he will print or save an electronic copy and in any case keep these conditions general sales, in compliance with the provisions of articles 50 and following of Legislative Decree 206/05.
1.3 – Any right of the Customer to compensation for damages or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order.
2.1 – The selling prices of the products, which do not constitute an offer to the public pursuant to art. 1336 of the Civil Code, the shipping costs and payments will be those chosen by the customer on the website www.tristandarkhorses.com when the order is sent.
2.2 – All prices shown on www.tristandarkhorses.com are exempt from VAT pursuant to art. 1, paragraphs 54-89, Law no. 190/2014 and succ. changes / additions.
2.3 – The Customer must immediately notify TRISTAN DARK di Marco Brunetti of any errors or omissions of any kind, in terms of payment and prices, contained in the order summary page and / or in the order confirmation e-mail.
2.4 – TRISTAN DARK of Marco Brunetti retains the right to change the prices published on www.tristandarkhorses.com at any time.
2.5 – The prices of the products published from time to time cancel and replace the previous ones and are subject to the actual availability of the products.
2.6 – TRISTAN DARK of Marco Brunetti also retains the right to change the payment conditions at any time when, in his opinion, the financial conditions of the Customer, the recordings of previous payments or the nature of his relationship with TRISTAN DARK di Marco Brunetti, suggested such changes.
- PURCHASE METHOD
3.1 – Customer can only purchase the products shown on www.tristandarkhorses.com’s electronic catalogue at the time of order, as described in the relevant information sheets. It is understood that the image accompanying the description of a product may not be fully representative of its characteristics but differ in color, size, accessories shown in the figure. All purchase support information (Glossary, Buying Guide, etc …) are intended as simple generic information material, not referable to the real characteristics of a single product.
3.2 – Correct receipt of the order is confirmed by TRISTAN DARK of Marco Brunetti through an e-mail reply sent to the e-mail address supplied by the Customer. This confirmation message will contain the date and time of execution of the order and an Order Number, to be used in any further communication with TRISTAN DARK of Marco Brunetti. The message re-proposes all the data entered by the Customer who undertakes to verify its correctness and to promptly communicate any corrections, using the customer service.
3.3 – In case of non-acceptance of the order, TRISTAN DARK by Marco Brunetti guarantees timely communication to the Customer.
- TERMS OF PAYMENT
4.1 – Credit card: in case of purchase of goods with a credit card payment method, the credit card will be charged at the same time as the online transaction is concluded..
4.2 – In case of order cancellation, either by the Customer or in case of non-acceptance of the same by TRISTAN DARK di Marco Brunetti, TRISTAN DARK di Marco Brunetti will proceed with the reimbursement by bank transfer or, alternatively, bank check.
4.3 – TRISTAN DARK of Marco Brunetti retains the right to request additional information from the Customer (e.g. fixed phone number) or to send copies of documents proving ownership of the card used. If the required documentation is missing, TRISTAN DARK of Marco Brunetti retains the right not to accept the order.
4.4 – At no time during the purchase procedure, TRISTAN DARK of Marco Brunetti is able to know the information relating to the buyer’s credit card, transmitted via a secure connection directly to the website of the bank that manages the transaction. TRISTAN DARK of Marco Brunetti can keep such data only upon explicit request and consent of the customer: in this case TRISTAN DARK of Marco Brunetti guarantees that such data are stored according to certified security standards and that they are always displayed in masked mode.
4.5 – Advance bank transfer: the method of payment by advance bank transfer implies for the order to be processed only after payment has been made by the Customer and bank transfer receipt is received by TRISTAN DARK of Marco Brunetti. Infos to perform the transfer are communicated on the order confirmation page and in the order confirmation e-mail sent to the Customer. The reason for the transfer must include the order number and name and surname of the order holder.
4.6 – Purchases via PayPal: in cases of purchase of goods with PayPal payment methods, PayPal will charge the amount relating to the purchase made at the same time as the online transaction is concluded.
- METHOD AND DELIVERY COSTS
5.1 – For every order placed on the website www.tristandarkhorses.com, TRISTAN DARK di Marco Brunetti issues a regular receipt or invoice where expressly requested. For the issuance of the invoice, the information provided by the Customer at the time of the order is valid. After the invoice has been issued, it will not be possible to make changes to it.
5.2 – Any invoice, if expressly requested by the customer, will be electronically sent to the email address specified by the customer at the time of registration or order validation.
5.3 – Delivery costs, when present, are charged to the Customer and are clearly stated when placing the order. Nothing more is owed by the Customer than the total order.ne.
5.4 – No responsibility can be attributed to TRISTAN DARK of Marco Brunetti in case of delay in order fulfillment or order delivery.
5.5 – The delivery of what is ordered is meant at street level except:
– different communication from our customer service,
– as provided in the product data sheet,
– the explicit purchase of delivery to the floor, where provided.
Upon delivery of the goods by the courier, the Customer is required to check:
– that the number of packages delivered corresponds to what is indicated in the accompanying invoice,
– that the packaging is intact, not damaged, nor wet or otherwise altered, even in the sealing materials (adhesive tape or metal straps).
Any damage to the packaging and/or the product or the mismatch in the number of packages or indications, must be immediately notified, by putting a WRITTEN CHECK RESERVE (SPECIFYING THE REASON FOR THE RESERVE, eg “punctured packaging”, “crushed packaging” , etc.) on the courier’s proof of delivery. Once the courier’s document has been signed, the Customer will not be able to make any objection about the external characteristics of what has been delivered.
Any problems concerning the physical integrity, correspondence or completeness of the products received must be reported within 7 (seven) days of delivery, according to the procedures set out in this document./p>
5.6 – In case of non-collection within 5 (five) working days of the material present in storage at the courier’s warehouses due to repeated impossibility of delivery to the address indicated by the Customer at the time of the order, the order will be returned to the warehouses of TRISTAN DARK of Marco Brunetti.
- PROPERTY RIGHT AND PASSAGE OF THE RISK OF DAMAGE OF THE ASSET
6.1 – Sold goods remain in the property of TRISTAN DARK of Marco Brunetti until the full payment of the goods by the Customer is fully extinguished. The right of ownership of the products passes to the Customer after full payment of the products themselves or of their delivery, if this is the last. The risks of breakage and / or deterioration of the products pass to the Customer upon delivery of the goods to the Courier. The goods travel at the Customer’s risk and peril, even if sold upon arrival.
- RIGHT OF WITHDRAWAL
7.1 – Pursuant to art. 64 and following of Legislative Decree 206/05, if the customer is a consumer (i.e. a physical person who buys the goods for purposes not related to his professional activity, or does not make the purchase by indicating a VAT number reference in the order form), he has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty.
7.2 – In order to exercise this right, the customer, within 10 working days from the date of receipt of the goods, must send a communication by registered letter with acknowledgment of receipt, declaring that he wishes to exercise the right of withdrawal to:
TRISTAN DARK OF Marco Brunetti
Contrda Masiere 1
31054 Possagno (TV)
Customer will not pay anything for the return of the product, with the exception of the shipping costs related to the return of the goods./p>
TRISTAN DARK of Marco Brunetti, within 14 days from the return of the goods, will re-credit the amount after verifying the integrity of the goods. Re-credit will take place by bank transfer or Paypal cancellation at the discretion of TRISTAN DARK of Marco Brunetti if the Customer has used this system for payment; in case of bank transfer, the customer will be responsible for promptly providing the bank details on which to obtain the refund (IBAN and current account holder).
As far as the 10-day deadline, goods are considered returned when they are delivered to the courier.
Goods have to be returned intact, complete with all their parts and in the original packaging (envelopes and packaging), kept and possibly used according to normal diligence, without any signs of wear or dirt.
7.3 – The return of the Product must take place no later than 10 working days with an insured prepaid package at the headquarters of TRISTAN DARK of Marco Brunetti.
7.4 – The return delivery for the right of withdrawal and the related costs are the sole responsibility of the Customer. TRISTAN DARK of Marco Brunetti cannot in any way arrange to book a shipment on behalf of the Customer and / or to anticipate the costs.
7.5 – The right of withdrawal is in any case subject to the following conditions:
– the right to withdraw applies to the product purchased in its entirety; it is not possible to exercise withdrawal only on part of the purchased product (eg: accessories, cables, etc …);
– the right to withdraw does not apply: (i) to sealed electronic products (including those attached to hardware), once opened; (ii) to tailor-made or clearly personalized products (eg logos, advertising pages or other intellectual property) or products which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly; (iii) to products for the supply of goods and services whose price is linked to interest rate fluctuations from the financial market that the supplier is unable to control; (iv) to products not directly available from TRISTAN DARK of Marco Brunetti and purchased on specific order of the Customer (eg. prints of photographs and frames); TRISTAN DARK of Marco Brunetti retains the right to request, for other goods not related to the aforementioned categories, the explicit waiver of the exercise of the right of withdrawal by the Customer;
– the purchased good must be intact and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc …); in order to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided;
– in no case parcels will be withdrawn on delivery or carriage forward;
– the shipment, up to the certificate of receipt in our warehouse, is under the full responsibility of the Customer;
– in case of damage to the goods during transport, TRISTAN DARK of Marco Brunetti will notify the customer of the incident (within 5 working days of receiving the goods in its warehouses), to allow him to promptly file a complaint against the courier he has chosen and obtain reimbursement of the value of the asset (if insured); in this case, the product will be made available to the customer for its return, at the same time canceling the request for withdrawal;
– TRISTAN DARK of Marco Brunetti is not responsible in any way for damage or theft/loss of goods returned by uninsured shipments;
– upon its arrival at the warehouse, the product will be examined to evaluate any damage or tampering not caused by transport. If the package and / or the original packaging are damaged, TRISTAN DARK of Marco Brunetti will deduct a percentage from the refund due, in any case not exceeding 10% of the same, as a contribution to the restoration costs.
7.6 – The right of withdrawal is totally lost, for lack of the essential integrity of the goods (packaging and / or its contents), in case TRISTAN DARK of Marco Brunetti ascertains:
– the non-diligent use of the asset that has compromised its integrity, or the use of any consumable materials;
– the lack of the external packaging and / or the original internal packaging;
– the absence of integral elements of the product (accessories, cables, manuals, parts, …);
– damage to the product for reasons other than its transport.
In case of forfeiture of the right of withdrawal, goods will remain at the headquarters of TRISTAN DARK of Marco Brunetti, available to the customer for collection at his expense.
- ACCEPTANCE AND RETURNS
8.1 – Products will be deemed accepted by the Customer at the time of their delivery. Expect for the case in which the Customer exercises the right of withdrawal, pursuant to art. 7 above, such acceptance is presumed until the Customer communicates to TRISTAN DARK of Marco Brunetti, as soon as possible and in any case no later than 14 working days from the day of receipt of the Products, that the Products have been delivered in inoperable conditions or in any case are defective.
8.2 – Following this last communication, TRISTAN DARK of Marco Brunetti will, at its option, replace the defective products or refund the amount paid by the Customer for their purchase.
8.3 – TRISTAN DARK of Marco Brunetti has the right to test the products upon their return and to charge the Customer for any cost incurred by TRISTAN DARK of Marco Brunetti in the event of a false report of inoperability or defects of the Products.
8.4- The return of products purchased through special offers or promotions or as part of a “package” may be subject to specific conditions, as described in the same or otherwise communicated to the Customer. No refunds are allowed for single inoperative products purchased as part of a “package”, but TRISTAN DARK of Marco Brunetti may, alternatively: (i) replace that single product; (ii) ask for the return of the entire “package” and reimburse the amount paid by the Customer for the purchase of that same “package”.
8.5 – TRISTAN DARK of Marco Brunetti retains the right to request a refund of any promotional discount on products other than defective ones purchased by the Customer, when such discounts have been granted on the purchase of the product, which has been returned and the price of which has been reimbursed by TRISTAN DARK of Marco Brunetti.
- WARRANTIES AND ASSISTANCE
9.1 – All products sold by TRISTAN DARK of Marco Brunetti are covered by the manufacturer’s standard warranty for a minimum of 12 months, and by the 24-month warranty for lack of conformity, pursuant to Legislative Decree 206/05. To take advantage of the warranty, the customer must keep the receipt or invoice received. The manufacturer’s conventional warranty is provided either directly by TRISTAN DARK of Marco Brunetti or by contacting the assistance centers set up by the manufacturer directly. The improvement conditions provided by the various producers are reserved. To take advantage of these extended warranties, the customer must refer directly to the manufacturer and its direct service centers. The choice in some cases depends on the customer, in others the procedure provided by the manufacturer must be used exclusively.
9.2 – The 24-month warranty, pursuant to Legislative Decree 206/05, applies to products with a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation. This guarantee is reserved for the private consumer (a physical person who buys goods for purposes not related to his professional activity, or makes the purchase without indicating a VAT number in the order form). In case of lack of conformity, TRISTAN DARK of Marco Brunetti will restore the conformity of the product, at no cost to the Customer, by repairing / replacing or reducing the price, until the contract is terminated.
9.3 – In any case, the Customer must send the object, of which he claims the alleged non-conformity, to TRISTAN DARK of Marco Brunetti.
9.4 – In the event that, for any reason, TRISTAN DARK of Marco Brunetti is unable to return a product under warranty (restored or replaced) to its Customer, TRISTAN DARK of Marco Brunetti may proceed at its discretion to refund the amount paid given the use of the asset or its replacement with a product of equal or superior characteristics.
9.5 – Times for repairing or replacing the product depends exclusively on the policies of the manufacturer / importer and no damage can be requested from TRISTAN DARK of Marco Brunetti for any delays in carrying out repairs or replacements.
9.6 – In case the application of the guarantees implies the return of the product, goods must be returned by the Customer in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc … ); in order to limit damage to the original packaging, we recommend placing it in a second box; in all cases, the affixing of labels or adhesive tapes directly to the original product packaging should be avoided.
9.7. – If, following intervention by an Authorized Service Center, or by TRISTAN DARK of Marco Brunetti for its products, the claimed defect is not covered by the manufacturer’s conventional warranty, but due to tampering or damage caused by the Customer for improper or other use of the goods, the Customer will be charged for any costs of verification and restoration, as well as transport costs, if incurred by TRISTAN DARK of Marco Brunetti.
9.8 – If, following a technical verification carried out by the manufacturer, the defect does not result in a lack of conformity, according to Legislative Decree 206/05, the Customer will be charged for any costs of verification and restoration required by the Authorized Assistance, as well as transport costs, if incurred, by TRISTAN DARK of Marco Brunetti.ti.
9.9 – Conventionally, any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things.
- LIMITATIONS OF LIABILITY/strong>
10.1 – Without prejudice to the hypotheses of willful misconduct or gross negligence by TRISTAN DARK of Marco Brunetti, it is henceforth agreed that, if TRISTAN DARK of Marco Brunetti’s liability is ascertained for any reason towards the Customer – including the case of total or partial non-fulfillment of the obligations assumed by TRISTAN DARK of Marco Brunetti towards the Customer as a result of the execution of an order – the responsibility of TRISTAN DARK of Marco Brunetti cannot exceed the price of the products purchased by the Customer and for what the dispute arose.
10.2 – Any liability of TRISTAN DARK of Marco Brunetti for delays in delivery cannot exceed the amount of shipping costs incurred by the Customer.
- OBLIGATIONS OF THE CUSTOMER
11.1 – Once the purchase procedure provided for by the website www.tristandarkhorses.com has been completed, the Customer undertakes to print and keep these general conditions and the information contained on the website www.tristandarkhorses.com dedicated to information on the methods of purchase.
11.2 – Minors are prohibited from placing orders. TRISTAN DARK of Marco Brunetti reserves the right to legally pursue any violation and abuse.
All information on the management of Privacy and Cookies relating to the website www.tristandarkhorses.com can be found on the “Privacy” page.
- JURISDICTION AND APPLICABLE LAW
13.1 – The sales contract between the Customer and TRISTAN DARK of Marco Brunetti is concluded in Italy and governed by Italian law. Any dispute relating to the application, execution, interpretation and violation of purchase contracts stipulated “online” through the website www.tristandarkhorses.com is subject to Italian jurisdiction.
The solution of any civil and criminal dispute deriving from the conclusion of this distance sales contract, or which is in any case connected to it, will be devolved to the Court of TREVISO.
Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and understood and to accept the General Conditions of sale listed above.