Terms of sale
ARTICLE 1 – DEFINITIONS, OBJECT AND APPLICABLE LAW
1.1 Definitions
In these general conditions of sale (hereinafter also: “ GTC ”):
“ Customer ” means any person, whether or not they have completed the registration procedure and created a TraslocoShop account, who purchases and/or intends to purchase one or more products and/or services through the Site, whether they are a consumer (“ Consumer Customer ”) or a professional (“ Professional Customer ”), as defined by Legislative Decree 206/2005.
Working Day(s) : means all days of the week excluding Sundays and other nationally recognized holidays.
“ Affiliate ”: means, as the case may be, the natural and/or legal person who purchases from TraslocoShop and resells products and services at retail under the TraslocoShop brand, or the sales point managed by the same Affiliate, linked to TraslocoShop by a franchising and/or commercial affiliation agreement.
“ Point of Sale ” means the physical point of sale, managed directly by TraslocoShop or by companies with autonomous and distinct legal personality from TraslocoShop authorised by TraslocoShop to use the “ TraslocoShop ” brand and sign.
“ Site ” means the Internet site www.traslocoshop.it .
“ Services ”: means the free or paid offer of products and/or services on the site and whose main component is not only linked to the physical delivery or distribution of products (e.g. product reservation services; additional services; warranty extension and after-sales assistance) but also to the offer of services related to the information society.
“ TraslocoShop ” means Everservices srl. Registered office and administrative headquarters: Piazza G. Marconi n.15 Box SL 497 - 00144 Rome VAT number 15364721009 - REA RM – 1585475 - Telephone: 0656547117, e-mail: vendite@imballaggi-point.it .
The site contains a list of all TraslocoShop stores (direct stores) and stores affiliated with the “ TraslocoShop ” brand (indirect stores) which, even if not directly managed by Everservices srl., have agreements with the latter and are required to comply with the provisions of these GTC.
To use the services offered on the TraslocoShop website, you must create a TraslocoShop account by registering. The Customer is responsible for maintaining the confidentiality of their account and password, as well as for managing access to their electronic devices. They are also responsible for all activities performed under their account.
1.2 Applicable legislation
Customers are invited to carefully read these general conditions of sale before making reservations and/or orders through the site. By making any reservation and/or order, the Customer implicitly and fully accepts these general conditions of sale, which are therefore considered known and accepted by the Customer in all their provisions, without exception.
The contract for the sale of products and services concluded through the site is governed by these general conditions of sale as well as, where applicable, by the provisions of Legislative Decree no. 206 of 6 December 2005 (“ Consumer Code ”), Legislative Decree no. 70/2003 and the provisions of the Civil Code, for anything not expressly provided for herein.
These GTC apply to orders of products and/or services on the site, in the version published at the time of the order.
1.3 Sales contract concluded online – applicable legislation
The contract is concluded online whereby the Customer chooses to order, purchase and pay through the site for one or more of the products and/or services on the site which the Customer chooses to receive directly at their home.
In this contract TraslocoShop acts as the selling party.
These general conditions of sale apply to the sales contract concluded online.
1.4 Sales contract with product reservation through the website and collection and purchase at the point of sale - applicable legislation
In addition and/or as an alternative to the sales contract concluded online as provided for in the previous paragraph 1.3, the Customer can reserve on the site the product(s) and/or services that he/she wishes to purchase and choose to collect them or purchase them (or pay for them) personally and directly at a TraslocoShop or affiliate sales point.
Bookings made through the website do not constitute an online sale (section 1.3), but rather a free service offered by TraslocoShop to allow the Customer to find the desired product or service when they go to the store to collect it. Indeed, the aforementioned sales contract is not a distance contract, but is concluded upon payment for the product at the store. The seller will not necessarily be TraslocoShop ; the seller may be either TraslocoShop or an affiliate, and will be indicated on the receipt and/or purchase invoice issued by the store.
The relevant sales contract will be governed by the rules and conditions generally applicable to sales, which do not necessarily coincide with these general conditions and/or with the legislation applicable to the purchase of products through the site.
Typically within 2-3 working days of receiving the product reservation request, TraslocoShop will send an email to the email address provided by the Customer at the time of booking/registration, informing them that the reserved product is available for collection and that the Customer can therefore proceed with the purchase using the payment methods available at the point of sale (chosen by the Customer at the time of online booking).
If the Customer does not collect the product within 10 calendar days of the day it was made available at the chosen store, the reservation will be automatically cancelled without any obligation or charge to the Customer and/or TraslocoShop and/or the affiliate.
In the event of supply difficulties or unavailability (even if sudden) of the ordered product and/or service, TraslocoShop will notify the Customer by email or telephone as soon as possible. In this case, TraslocoShop or the affiliate will not be held liable, as TraslocoShop cannot guarantee the continued availability of the products and/or services at all points of sale.
ARTICLE 2 – INVITATION TO OFFER AND PURCHASE PROPOSAL; CONCLUSION OF THE CONTRACT; ORDER STATUS
2.1 Offer of products and services on the Site
The presentation of products and services that can be purchased through the site constitutes an invitation to offer and the order sent by the Customer through the site is valid as a contractual purchase proposal (hereinafter: " Order "), subject to confirmation or acceptance by TraslocoShop as described below.
The characteristics of the products and services offered on the site are described in the specific technical information sheets published on the site at the time of ordering. TraslocoShop points out that the technical information sheets may sometimes contain errors, as described in paragraph 3.3 below. The Customer is encouraged to read these sheets, which are considered accepted upon placing an order, paying particular attention to the availability of the product of interest and its characteristics, evaluating their relevance and essentiality for the purposes of product selection and ordering. Indeed, some products may not always be immediately available, even though they are listed on the site, and some products may be available in different colors or with different characteristics. For this reason, the information sheet for each product indicates whether the selected product is:
– “ available ”: means that the product is physically present in the TraslocoShop central warehouse, except in cases where, due to exceptional and unforeseeable events, the product is unsellable because it is missing or damaged when collected from the warehouse and there are no other identical products that can be delivered.
The Customer can then immediately proceed with the purchase of the product by sending the order, according to the methods indicated on the site.
– “ orderable subject to availability verification ”: means that the product is not physically present in the central TraslocoShop warehouse, but TraslocoShop reserves the right to verify its availability in the warehouses of the sales points or elsewhere .
In the latter case, the Customer can still submit the order, but it will be accepted only if the product availability check is successful, as detailed below.
TraslocoShop undertakes to carry out this verification within 2 working days from receipt of the order with the effects set out below.
2.2 Confirmation of receipt of the order and its acceptance
TraslocoShop will confirm receipt of your order immediately with an email containing the order identification number. This confirmation will not constitute acceptance of the order, but merely confirmation of its receipt, except as otherwise provided below.
In the case of an " available " product (as specified in Article 2.1), the Customer's order will be automatically considered accepted by TraslocoShop once the order confirmation email is sent to the Customer. This email will therefore also constitute acceptance of the Customer's purchase proposal pursuant to the order, with the consequent conclusion of the sales contract. Following the aforementioned confirmation email, TraslocoShop will ship the product purchased by the Customer within the timeframe and in the manner summarized in the order acceptance email and in accordance with these GTC.
For products that are " orderable subject to availability " (as specified in Article 2.1), within 2 working days of receiving the order, TraslocoShop will send the Customer a second email (different and subsequent to the order confirmation email) communicating the outcome of the availability check for the ordered product. For the content of this communication, please refer to paragraphs 2.3 and 2.4.
In the event that the order concerns both " available " products and products " orderable subject to availability verification " (hereinafter " Mixed Order "), the entire mixed order will be treated as an order relating to products "orderable subject to availability verification". Therefore, no contract can be considered concluded with the Customer, not even with reference to the " available " products, until the entire order is accepted by TraslocoShop .
For the hypothesis of a negative outcome of the availability check, please refer to paragraph 2.4.
2.3 Successful completion of the availability check and conclusion of the contract
If the product availability check is successful, TraslocoShop will send the Customer an email confirming the product's availability. Only at this point will the order be considered accepted and the contract concluded.
2.4 Availability check failed
If the product availability check fails, TraslocoShop will send the Customer an email informing them that the product is unavailable and the order cannot be accepted. This notification will be immediately followed by the cancellation of the payment authorization or, if applicable, the full refund of any amount already paid by the Customer when placing the order, using the payment method previously used by the Customer. TraslocoShop notes that the refund may not be immediately visible to the Customer if the chosen payment method is, for example, credit card or PayPal; the time it takes for the refund to be visible is not dependent on TraslocoShop , which therefore cannot be considered in default or liable for refund delays attributable to the credit institution or PayPal.
In the case of a mixed order, TraslocoShop will send the Customer an email informing them of the negative outcome of the availability check and of their option to purchase only the available product or cancel the entire mixed order. If the Customer does not respond within 2 business days of the notification date, TraslocoShop will cancel the entire mixed order and, at the same time, fully refund any amount already paid by the Customer when placing the order, using the Customer's previously used payment method.
2.5 Unavailability of a product
TraslocoShop is committed to doing everything possible to ensure customer satisfaction and to ensure prompt and efficient processing of orders sent through the Site.
However, in the event that the product indicated on the Site as "available" is no longer available, due to exceptional and unforeseeable events, at the time of processing the order by TraslocoShop , the latter will promptly notify the Customer via email as indicated in the previous articles 2.2 and 2.4.
2.6 Order Status Updates
Except for any updates that TraslocoShop may send via email, the Customer can check the status of their order at any time in the dedicated section of the Website.
ARTICLE 3 – PRICES AND CHARACTERISTICS OF THE PRODUCTS
3.1 Products on offer
The purchase of products published in the “offer” section or expressly indicated as “limited offer” (or synonyms).
For special promotions and/or promotional operations and/or prize operations, the relevant regulations will be published on the site from time to time, to which reference is made and which must be considered applicable as if they were part of these GTC.
3.2 Prices
The prices of individual products presented on the website and indicated in the technical data sheets for each product exclude VAT. Prices do not include any shipping costs.
The price of the products and/or services indicated on the site and viewable by the Customer when choosing the product and/or service will be the one in effect at the time the order is placed by the Customer and will correspond to the purchase price of the product.
Without prejudice to the foregoing, TraslocoShop reserves the right to modify the price of the products and/or services on the Site at any time, at its sole discretion and without notice.
TraslocoShop therefore does not provide any guarantee that the selling price of the products or services will remain unchanged for a certain period of time.
Any price change will not affect orders already placed by the Customer prior to the effective date of the price change. In any case of non-acceptance or cancellation of the order, the Customer may place a new order at the current prices.
3.3 Product Description
Each product data sheet presented on the site, containing a description of its functions and characteristics (size, color, features, etc.), is drawn up by TraslocoShop , by the manufacturer of the goods themselves and/or by third parties.
TraslocoShop , therefore, assumes no responsibility for any errors and/or inaccuracies in the technical data sheets, nor for any discrepancies between the product description and its actual functions and characteristics.
The images and photos used to accompany the product specifications are purely indicative and may not fully represent the characteristics of the products, as they may differ in color, size, or accessories. Generally, only one photo per category is used for packaging. For more precise product information, please refer to the title or technical specifications.
By placing the order, the Customer expressly accepts the above.
ARTICLE 4 – AMENDMENTS
At any time and at its sole discretion, TraslocoShop reserves the right to make changes/additions/updates to the site's contents, programs or other materials contained or available therein (including these GTC).
Any changes/additions/updates made will not have any effect on orders correctly sent by the Customer before the changes or updates were made.
Any mandatory changes to the provisions of the Consumer Code will automatically apply to contracts concluded with the consumer Customer, without prejudice, to the maximum extent possible, to the provisions of these GTC already approved by the Customer with the order.
ARTICLE 5 – COMMUNICATIONS, CONTACTS AND COMPLAINTS
For any request, communication or complaint relating to reservations or orders, these GTC or, in general, any contract concluded with TraslocoShop through the site, you can contact the company at the following addresses: Everservices srl. Registered office and administrative office: Piazza G. Marconi n.15 Box SL 497 - 00144 Rome VAT number 15364721009 - REA RM – 1585475 - Telephone: 0656547117,
e-mail: vendite@imballaggi-point.it .
For telephone assistance, you can contact Customer Service at 0656547117, Monday to Friday, 9:00 am to 5:00 pm.
ARTICLE 6 – ADR, JURISDICTION AND COMPETENT COURT FOR DISPUTES WITH THE CONSUMER CUSTOMER
Disputes with the consumer Customer regarding the validity, effectiveness, interpretation or execution of the contract are governed by the laws of the Consumer Code.
ARTICLE 7 – JURISDICTION AND COMPETENT COURT FOR DISPUTES WITH THE PROFESSIONAL CLIENT
These General Conditions of Sale and the contract concluded with the Professional Customer are governed by Italian law.
All disputes relating to the validity, effectiveness, interpretation, or execution of these GTC, the sales contract, and, in general, relating to the Customer's navigation of the site or the use of any functionality made available to him on the site, shall be subject to the exclusive jurisdiction of the Judicial Authority of the Court of Rome.