Conditions of sale
Triboo Digitale srl (single-member company) with registered office at Viale Sarca 336, 20126 Milano (MI) - tax code 03658410240 and Economic and Administrative Index (REA) no. MI - 1901658 supplies and sells (via e-commerce) the products included on the website shop.moonboot.com (hereinafter referred to as the "Products" or the "Moon-Boot Products").
ARTICLE 1: STIPULATION OF SALES CONTRACTS
Order confirmation and submission by the customer (with the term "Customer" used to refer to the user of the website shop.moonboot.com accessing the e-commerce checkout), according to the instructions given on the web page, shall entail full acknowledgement and acceptance of these general conditions of sale by the Customer. The contract of sale between Triboo Digitale srl and the Customer is stipulated upon acceptance of the order by Triboo Digitale srl.
If the Customer is a consumer (natural person purchasing the goods for personal and non-business related reasons and therefore not indicating any reference to a VAT number on the Triboo Digitale srl order form when making the purchase), once the on-line purchase procedure has been completed, he/she will print out or save an electronic copy and in any case keep these general conditions of sale, in compliance with the provisions laid down on remote sales by Italian Legislative Decree no. 205/2006, as supplemented by the later European Community Regulations.
The Customer shall have no right to compensation for damages or indemnity, nor for any contractual or non-contractual liability caused by failure to accept all or part of an order.
ARTICLE 2: PURCHASE METHODS
The Customer may purchase only the products present in the on-line catalogue at the time the order is submitted, and which can be viewed on-line at shop.moonboot.com, as described on the related information sheets. The order will be validly processed once e-mail confirmation is delivered to the e-mail address provided by the Customer, of the debit of the Price and transport costs against the Customer's credit card, as specified at Article 5 below.
The image provided with the sheet describing a product may not be perfectly representative of its characteristics; it may differ in terms of colour, dimensions and accessories shown. All the information provided in support of the purchase (glossary, purchase guide, etc.) is intended as simple generic informative material and does not relate to the actual characteristics of any individual product.
Correct receipt of an order is confirmed by Triboo Digitale srl by means of an e-mail reply sent to the e-mail address given by the Customer. This confirmation message will state the date and time at which the order was received and give a Customer order number to be used in all additional communication with Triboo Digitale srl. The message gives all data entered by the Customer, all information on the essential characteristics of the goods, it specifies the price, method of payment, delivery costs and methods and applicable tax. The Customer must verify that it is correct and provide timely notice of any corrections necessary in the ways described in this document.
Should the order not be accepted, Triboo Digitale srl guarantees that the Customer will be promptly informed of this.
ARTICLE 3: PRICES
Products will be sold at the prices specified on the on-line product sheet at the time the Customer confirms the order. Before the customer confirms the order by clicking on the specific button, the web page will show a summary of the prices of the products in the basket, taxes and delivery costs. This data will then be automatically added to the order form that the Customer sends to Triboo Digitale srl following order confirmation.
ARTICLE 4: ACCOUNTING DOCUMENTATION AND DELIVERY METHODS
For each order accepted and made, Triboo Digitale issues a tax receipt (or invoice is the Customer is not a Consumer and has given a VAT number on the order) for the materials delivered, e-mailing the addressee of the order, in accordance with Article 14 of Italian Presidential Decree no. 445/2000. The information supplied by the Customer at the time of placing the order will be used to issue the tax receipt and/or invoice). It will not be possible to alter the tax document after it has been issued.
Triboo Digitale will not accept any liability in the event of a delay in the processing of the order or delivery of items ordered.
ARTICLE 5: METHODS OF PAYMENT
The Customer can make payment by credit card, cash on delivery or bank transfer. At the same time as the Customer places the order, the reference bank will authorise the commitment of the amount relating to the order placed on the Customer's credit card. The price of the goods dispatched, fully or partially, will be effectively debited against the Customer's credit card only upon notification to Triboo Digitale srl by the courier that the materials of the goods ordered have effectively been delivered. If the Customer exercises his/her right to withdraw, in the ways defined by Article 6 below, Triboo Digitale srl shall refund the amount previously debited (with the exception of any supplementary costs deriving from the Customer's having chosen a delivery option other than the standard, least expensive option provided).
At no point during the purchase procedure is Triboo Digitale srl able to gain awareness of the Customer's credit card details, which are supplied by means of a protected connection directly on the website of the bank managing the transaction, and no computer archive of Triboo Digitale srl will retain this data.
ARTICLE 6: RIGHT TO WITHDRAW
In accordance with Article of Italian Legislative Decree no. 206 of 06 September 2005, as amended by Italian Legislative Decree no. 21 of 21/02/2014 (the "Consumer Code"), if the Customer is a consumer (i.e. a natural person buying goods for personal and non-business related reasons and therefore not indicating any reference to a VAT number on the Triboo Digitale srl order form when making the purchase), he/she has the right to withdraw from the purchase contract for any reason, with no need to provide any explanations and with no penalty, within 14 days of receipt of the Product purchased.
In order to exercise this right, the Customer must send Triboo Digitale srl a specific written communication to this effect within 14 working days of the date on which the goods are received (to this end, the typical withdrawal form can be used, as attached at the foot of these general conditions). This communication must be sent:
• by letter sent recorded delivery with advice of receipt to: Triboo Digitale srl (c.a.: Servizio Clienti - Customer Services), Viale Sarca 336, 20126 Milano (MI)
• by fax to (+39) 0444 / 276581
• by e-mail to: email@example.com
always sent within said terms of 14 days. Once this notice of withdrawal has been received, the Triboo Digitale srl Customer Services will quickly inform the Customer as to how he/she is to return the goods. The consumer must return the Product/s or deliver them to the seller or a third party authorised by the seller to receive them, without undue delay and in any case within fourteen days of the date on which he/she informed the seller that he/she wished to withdraw from the contract.
The Customer will pay all direct costs for delivery to return the Product.
The Product purchased must be returned whole and intact, with all accessories and any spare parts, in the original packaging and complete in all its parts (including packing and any documentation, etc.).
The Customer may handle the Product in order to establish its nature, characteristics and function, but it he/she is responsible for any reduction in Product value resulting from handling other than that necessary to this end.
If the Customer should withdraw from this contract, he/she will be reimbursed for all payments made in favour of the seller, including delivery costs (with the exception of any supplementary costs deriving from the choice for a different type of delivery than the most inexpensive standard delivery option we offer); this refund will be made once the Product has been re-delivered or once the Customer can prove that he/she has returned the Product, depending on which is first. Said refunds will be made using the same means of payment used for the initial transaction, unless the Customer has specifically agreed otherwise. In any case, the Customer shall not incur any cost as a consequence of said refund.
The right to withdraw is in any case subject to the exceptions pursuant to Article 59 of the Consumer Code: in the event that the goods should be damaged during transport, Triboo Digitale srl shall notify the Customer of the event (within 5 working days of receipt of the goods in the warehouses), to enable him/her to present a timely report to the courier chosen and obtain reimbursement of the value of the goods (if insured). In this event, the product will be made available to the Customer for return, simultaneously cancelling the request for withdrawal. Triboo Digitale srl will not be held liable in any way for any damages or theft/loss of goods returned by uninsured deliveries. Upon arrival (in the warehouse), the product will be examined to assess any damages or tampering not deriving from the transport.
Typical withdrawal form in accordance with Art. 49, paragraph 1, letter h)
(only complete and return this form if you wish to withdraw from the contract)
The returns warehouse address will be provided by Triboo Digitale Customer Services, upon receipt of the return request.
I hereby notify my withdrawal from the contract of sale of the following goods/services:
List of goods/services
ARTICLE 7: WARRANTY AND CLAIMS
All Moon-Boot Products sold by Triboo Digitale are covered by a conventional manufacturer's warranty in accordance with Italian Legislative Decree no. 206/05. In order to receive assistance under warranty, the Customer must keep the tax receipt or invoice (or delivery document) received by e-mail in electronic PDF format.
The exercise of the Warranty may include a request for assistance from authorised service centres in the territory and/or application of the methods explained in the documentation contained in the product packaging.
The conventional manufacturer's warranty is provided as described in the documentation included in the product packaging. If, following intervention by an authorised service centre, the flaw should prove not to be covered by the conventional manufacturer's warranty, the Customer will be charged any costs for verifying and restoring it, as may be demanded by the authorised service centre, as well as costs for transport, if paid by Triboo Digitalesrl.
Replacements in the event of DOA (Dead On Arrival: product that does not function at delivery) are only provided if specifically established by the manufacturer. Time required to replace or repair the product will depend exclusively on the manufacturer's policies.
If, for any reason, it should be unable to return the Customer a product under warranty (replaced or repaired), Triboo Digitale srl may, at its own discretion, choose to refund the amount paid, considering the use of the goods, or replace it with a product of equal or better characteristics.
The time required for repair or replacement of the product will depend exclusively on the manufacturer's policies; no damages can be claimed against Triboo Digitale srl for any delays in carrying out said repairs or replacements.
If the application of the warranty involves the return of the product, the goods must be returned by the Customer in the original packaging, complete in all parts (including packing and any accessories and documents: manuals, leads, etc.); to limit damage to the original packaging, we recommend placing it inside a second box. Do not, under any circumstances, stick any labels or adhesive tape directly to the original product packaging.
The Customer will be provided with a return merchandise authorisation (RMA) number, which must be specified on the outside of the packaging, in accordance with the indications given directly in the authorisation e-mail. Any claims or complaints should be directed to:
Triboo Digitale srl
(c.a.: Servizio Clienti - Customer Services)
Viale Sarca 336, 20126 Milano (MI)
ARTICLE 8: PRIVACY
Please hereby note, in accordance with and pursuant to Art. 13 of Italian Legislative Decree no. 196 of 30/06/2003, that the personal data supplied by the Customer to Triboo Digitale srl will be processed by it, using manual and automated means, for inclusion in the customer archives and is necessary for the potential stipulation of a contract and for subsequent statutory, tax and managerial compliance. The data may also be used for statistical processing and commercial and promotional communications, without prejudice to the right of the Customer to declare that he/she no longer wishes to receive such communications, at any time in the future.
The supply of data is optional but failure to do so will make it impossible to stipulate a contract of sale and, therefore, to accept the order.
The Customer's data may be disclosed for the same purpose as collection, to group companies, commercial partners and subjects to which services have been outsourced. Triboo Digitale srl is the Data Controller, with registered office at Viale Sarca 336, 20126 Milano (MI) (Italy).
Please note that, in connection with the provisions of Art. 7 of the above-specified Italian Legislative Decree, the Customer shall, amongst other rights, have the right to obtain:
• confirmation of whether or not personal data concerning him/her exists;
• the erasure, anonymisation or blocking of any data that has been processed unlawfully;
• the updating, rectification or integration of the data.
The Customer can exercise his/her rights pursuant to Art. 7, by writing to: firstname.lastname@example.org
ARTICLE 9: APPLICABLE LAW AND COURT OF JURISDICTION
This Agreement is governed by Italian law.
To settle civil and criminal disputes arising from the stipulation of this Contract, if the Customer is a consumer, the territorial jurisdiction lies with the court of reference in his/her municipality of residence; in all other cases, territorial jurisdiction lies exclusively with the Court of Milano.