General Terms and Conditions of use of the tooa.com website and purchase on the Store
1.1) This section contains the necessary information about purchases made on our website.
1.3) This document is valid and regulates the relationship between the User (i.e. every user of the www.tooa.com website), over the age of 18 (if a natural person) resident or living in the territory of the Italian Republic (and with the capacity to sign binding contracts), and TooA s.p.a., in relation to purchases made on the TooA s.p.a. website, which can be reached at the following web address: www.tooa.com (hereinafter referred to as the ‘website’).
1.4) This document governs the contract concluded on the occasion of each purchase made by Users on the website in their capacity as Consumers or Professionals, in accordance with the regulations in force.
- The term ‘Consumer’ shall mean the natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
- The term ‘Professional’ shall mean any natural person not covered by the definition of ‘Consumer’, as well as any other User who is not a natural person.
1.5) The website and the related sale of products are managed directly by TooA s.p.a. (hereinafter referred to as ‘TooA’ or ‘we’), with registered office in Italy, at Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), which can be contacted at the following telephone number : +39 348 8644411, e-mail address email@example.com, certified e-mail address (PEC) firstname.lastname@example.org. Any comments, suggestions, requests for information or complaints from the User may be sent to these addresses.
1.6) In order to complete online purchases, as well as to receive our newsletters and any offers reserved for registered Users, the User must register on the Website, which will lead to the creation of a personal and non-transferable account, accessible through a password that the User must keep confidential and inaccessible to persons other than the User.
1.7) TooA makes all efforts and uses the most advanced technical tools to ensure that the image of the products offered corresponds to the shape, colour and - more generally - to the original appearance of the products themselves. Any discrepancy found at the time of receiving the products may also depend on the quality and setting of the devices from which the User accesses the Site or makes purchases.
1.8) TooA makes all efforts to ensure the continuity of the Website’s usability. This being said, TooA will not be liable towards the User or third parties for any inconvenience resulting from the use of the Website or of any information contained in the Website or of the products marketed through the same nor for any inconvenience resulting from the inability to use the Website, even for technical reasons.
1.9) In the event that links to other websites managed by third parties or content from third parties are displayed on the Website, TooA declares that it does not exercise any control over them and therefore declines any responsibility regarding their nature, purpose and security. More specifically, TooA declines all liability for any infringements of the law or violations of third-party rights that occur on these pages, as well as for any inconvenience that may occur as a result of access to such third-party content.
1.10) TooA reserves the right to change at any time these ‘General Terms and Conditions of use of the tooa.com website and purchase on the Store’ (hereinafter also referred to as the ‘General Terms and Conditions’). Any change will only be effective for purchases made after the new version of the ‘General Terms and Conditions’ has been published.
2) User’s obligations
2.1) By using this website, the User authorises TooA to process the information and personal data provided and agrees to provide accurate and truthful information and personal data.
2.2) By browsing the Website, as well as by placing orders, the User ensures and undertakes:
- to use the Website only to examine the products offered and/or to place valid orders;
- not to place orders under false names or without the intention to purchase, or using false documents or payment instruments that do not belong to them;
- to provide their personal data (including e-mail address, postal address and/or other contact details).
If all the necessary information is not provided, the order cannot be processed.
2.3) The entire content of the Website belongs to TooA (or to TooA's counterparties) and is protected by current legislation on intellectual property, including copyright, patents, trademarks; therefore, it is forbidden for anyone to use this content, whether in whole or in part. It is therefore also forbidden to copy and/or reproduce the images displayed on the Website, including the images of products. Violation of the regulations referred to in Article 2 may expose the offender to liability, including criminal liability.
2.4) The User undertakes not to professionally trade in the purchased goods.
2.5) The User acknowledges that the gelato maker purchased from the Store on the www.tooa.com website will be operated through the TooA App, an innovative application developed by TooA and available on Google Play and the App Store. The User must therefore check before each purchase whether the TooA App is compatible with their mobile device.
3) Purchase procedure and conclusion of contract
3.1) In order to make a purchase, the User must select each of the products they wish to purchase; in this way, each product will be placed in a virtual shopping cart, which can always be accessed from the top right-hand corner of the Website once the User has registered and logged in.
3.2) Once the User has selected the products they intend to purchase, they must carefully check the accuracy of the contents of the virtual shopping cart. In this phase, prior to finalising the order, the User may correct any selections previously made, by deselecting a product they are not interested in or by increasing or decreasing the desired quantities of each selected product.
3.3) Once the checks referred to in Articles 3.1 and 3.2 have been carried out, the User may proceed with the order by clicking on the ‘Continue Shopping’ button and filling in the order form in all its parts in accordance with the instructions that will appear on the screen.
3.4) The online purchase procedure shall be considered complete as soon as the User clicks on the final order confirmation button. The order will then be sent directly to TooA. By clicking on the ‘Complete Checkout and Pay’ button, the User will send their order. It will be transmitted directly to TooA and is binding for the products contained in the shopping cart. The order is completed only once payment has been successfully made by the User.
3.5) Before placing the order, the User will be asked to confirm that they have read and agree to these General Terms and Conditions, which are also available before placing the order via a link to download them in PDF format. Without express confirmation that you have read and agree to these General Terms and Conditions, your order cannot be successfully submitted to TooA. Professional Users will also be asked to specifically approve the clauses provided for in Article 1341, paragraph 2 of the Civil Code.
3.6) At the end of the purchase process, we recommend to save or print these General Terms and Conditions; in any case, upon completion of the order process and successful payment by the User, TooA will send the User an order confirmation via e-mail, which constitutes acceptance of the order and which will be followed by the shipment of the products within the next three working days. In the same e-mail, TooA will also send the User a PDF copy of these agreed General Terms and Conditions and a detailed order summary.
4) Right of withdrawal and how the Consumer User may exercise it
4.1) The User defined as a Consumer in article 1.4 (also referred to as Consumer User) has the right to withdraw from this contract, without having to give any explanation, within fourteen days from the date of delivery of the purchased products to the Consumer User (or to the third party indicated by the Consumer User as the recipient of the products). The User must send TooA a communication containing the form provided at the end of these General Terms and Conditions. Moreover, any other statement expressly stating the decision of the Consumer User to withdraw from this agreement shall be considered valid.
4.2) In order to exercise the right of withdrawal, the User Consumer must inform TooA in one of the following ways:
- by sending a written communication by registered letter to the address Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), Italy,
- by phone at +39 348 8644411,
- by email to email@example.com,
- by certified electronic mail (PEC) to firstname.lastname@example.org.
4.3) In order for the right of withdrawal to be considered validly exercised, the Consumer User only needs to send the relevant communication before the end of the withdrawal period. Since the burden of proof for exercising the right of withdrawal in accordance with this Article 4. lies with the Consumer User, the latter is invited to exercise the right of withdrawal according to points (a) or (d) of Article 4.2.
4.4) Within 14 days from the date of exercising the right of withdrawal, the Consumer User will be required to return the products included in the order which is the subject to withdrawal to TooA. The cost for returning the products shall be borne by the Consumer User up to a maximum amount of €5.00.
4.5) The products subject to withdrawal must be returned to TooA:
- in their original packaging, complete with all parts;
- intact and undamaged, and used strictly in accordance with the user manual;
- only used for the purpose of getting to know their characteristics and operation. These activities shall be carried out by the Consumer User, taking care not to damage, soil or deteriorate the products received under any circumstances.
4.6) Products that do not comply with the requirements of Article 4.5, or that are returned late, or for which the withdrawal has been exercised after the term provided for by Article 4.1, will not be accepted for return.
4.7) Pursuant to current legislation, the right of withdrawal provided for in this Article 4. is to be considered as excluded in the cases provided for in Article 59, Legislative Decree 206/2005. Therefore, by way of example, the right of withdrawal shall be excluded:
- for the supply of goods that are likely to deteriorate or expire rapidly;
- for the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery;
- for the supply of customised goods.
Therefore, the Consumer User is informed that no right of withdrawal will be applicable to food products, such as ice cream (even if it is liquid in its carton and even if the original packaging is still intact).
4.8) In the event of a valid exercise of the right of withdrawal by the Consumer User, TooA will return the amount paid to the Consumer User, including the costs of delivery with the exception of additional costs over the price of standard delivery (the least expensive delivery option offered by TooA). The paid amount will be returned to the Consumer User using the same method of payment. The paid amount will also be returned to the Consumer User by the 14th day after the date of receipt of the notice of withdrawal. However, according to current legislation (and provided that the products have been returned by the Consumer User according to the procedures indicated by TooA), TooA may withhold the refund until the goods have been received or until the Consumer User has demonstrated that they have returned the goods (whichever is sooner).
4.9) In accordance with the provisions of article 4.7), should the withdrawal be exercised by the Consumer User for an order that also includes products for which the withdrawal is not admissible, in this case the withdrawal shall be effective only for the products for which the withdrawal is acceptable.
4.10) In the event that the Consumer User returns to TooA any products for which the right of withdrawal is not applicable, TooA will either return such products to the Consumer User or dispose of them, in each case charging the Consumer User all the relevant costs.
4.11) In the case of multiple goods ordered by the Consumer User through a single order and delivered separately, the 14 days for the exercise of the right of withdrawal shall start from the day on which the Consumer User or a third party, other than the carrier and indicated by the Consumer User, actually receives the last product. In the event of a contract for the delivery of a product consisting of lots or multiple items, the 14 days for the exercise of the right of withdrawal shall start from the day on which the Consumer User or a third party, other than the carrier and indicated by the Consumer User, actually receives the last batch or item.
4.12) In the event of withdrawal, the Consumer User shall be liable for any decrease in the value of the products resulting from handling the goods in a way that differs from what is necessary to establish the nature, characteristics and functioning of the products.
5.1) Goods can only be delivered in Italy.
6) Warranty in favour of the Consumer User
6.1) TooA undertakes to provide the Consumer User with goods that meet the subjective and objective requirements of conformity. However, in order to comply with current legislation concerning the obligation to provide the consumer with information before placing an order, it is necessary to provide the Consumer User with the relevant information.
6.2) At the time of delivery, the Consumer User must check that the products delivered correspond to the order placed and that they have no lack of conformity.
6.3) The warranty referred to in this Article 6. shall only apply if the product purchased is properly used, in accordance with the use for which it is intended and according to its nature, as well as in compliance with the directions for use contained in the User's Manual provided with the gelato maker.
6.4) In the event that a lack of conformity is detected, the Consumer User shall be entitled:
- to have the conformity of the goods restored by replacement or repair, or
- to receive a proportional reduction in the price or to have the contract terminated.
6.5) For the purposes of restoring the conformity of the goods referred to in clause 6.4)(i), the Consumer User may choose between repair and replacement, provided that the selected option is not impossible or, compared to the alternative option between the two, does not impose disproportionate costs on TooA, taking into account all the circumstances and, in particular, the following:
- the value that the goods would have in the absence of the lack of conformity;
- the extent of the lack of conformity; and
- (c) the possibility of applying the alternative solution without significant inconvenience to the consumer.
6.6) The repair or replacement referred to in Article 6.5) shall be carried out free of charge for the Consumer User.
6.7) The Consumer User shall not be required to pay for the normal use of the replaced goods in the period before the replacement.
6.8) The Consumer User is entitled to a proportional reduction in the price or to termination of the contract in the cases provided for by the applicable legislation, including:
- where a lack of conformity becomes apparent despite TooA's attempt to restore the goods to conformity; or
- the lack of conformity is such as to justify a reduction in price or termination of the contract.
6.9) The Consumer User is not entitled to terminate the contract if the lack of conformity is of minor importance.
6.10) If the price reduction is applicable, it shall be proportional to the decrease in value of the goods received by the Consumer User compared to the value they would have had if they had been compliant
6.11) Where termination is applicable, the Consumer User may exercise this right by means of a written notice addressed to TooA and containing the express intention to terminate the contract. In this case, where this right is properly exercised by the Consumer User, the refund of the price paid and the cost of return to TooA will take place upon receipt of the goods or of the proof of return provided by the Consumer User.
6.12) The warranty referred to in this Article 6. shall apply to lack of conformity becoming apparent within a period of two years from delivery of the goods. An action to enforce defects must be done within twenty-six months of delivery of the goods.
7) Shipping costs
7.1) Shipping costs will be borne by TooA exclusively for orders over €39.00. For all orders below €39.00, shipping costs of €5.00 are borne by the User.
8.1) Payment can be made by credit or debit card (MasterCard, Visa, Maestro). For further information on payment instruments, please contact TooA s.p.a. at email@example.com.
8.2) To ensure maximum security of transactions, TooA does not store your payment details.
8.3) The payment transaction is carried out via Adyen, a partner of TooA.
9) Disclaimer of liability
9.1) TooA assumes no liability for inefficiency due to force majeure, if it is unable to execute the order in the time provided for in the contract.
9.2) TooA cannot be held liable to the User for disservices or malfunctions related to the use of the Internet outside its control, except in the case of wilful misconduct or gross negligence.
9.3) TooA will also not be liable for any damage, losses or costs incurred by the User as a result of the non-performance of the contract for any reasons not attributed to them, and the User will only be entitled to a full refund of the amount paid.
9.4) As far as the payment instruments used by the User are concerned, TooA will not be liable for any fraudulent or illegal use that may be made by third parties.
9.5) TooA shall not be liable for the consequences of a defective product if the defect is due to a mandatory legal rule or binding measure, or if at the time the manufacturer put the product into circulation the state of scientific and technical knowledge did not yet allow the product to be considered defective.
10.1) Our prices are in Euros and include the amount for the applicable VAT required by law and any other applicable taxes.
11) Reservation of title and risks related to purchases for the Consumer User
11.1) The products are owned by TooA until they are delivered to the User.
11.2) The risk of loss of the goods or their damage, for reasons not attributable to TooA, is transferred to the User only at the moment in which the latter, or a third party designated by them other than the carrier, takes physical possession of the goods. However, the risk is transferred to the User when the goods are delivered to the carrier, if the carrier has been chosen by the User and this option has not been proposed by TooA, without prejudice to the User’s rights against the carrier.
12) Electronic communications
12.1) The User agrees that communications relating to the contract will be made electronically.
13) Protection of personal data
14) Applicable law and place of jurisdiction for the Consumer User
14.1) The contract of sale stipulated under these General Terms and Conditions and its execution are governed exclusively by Italian law.
14.2) For any disputes concerning the application of these General Terms and Conditions as well as, more in general, concerning any order and purchase made on the tooa.com website, the mandatory territorial jurisdiction shall fall on the jurisdiction of the place of residence or domicile of the Consumer User.
14.3) In order to settle out of court a dispute concerning the application of these General Terms and Conditions and, more generally, concerning each order and purchase made on the tooa.com website, and without prejudice to the consumer's right to access ordinary jurisdiction, it is possible to lodge an online complaint with the European platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/, in accordance with the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumers.
15) Free collection of used equipment of equivalent type from the Consumer User
15.1) The Consumer User is informed that, in accordance with Legislative Decree No. 49 of 14 March 2014, when TooA supplies a new electrical and electronic appliance to a household, the Consumer User is entitled to the free collection, on a one-for-one basis, of the equivalent type of used appliance which is intended for waste (hereinafter also referred to as WEEE).
15.2) Pursuant to art. 22, paragraph 2 of the aforementioned Legislative Decree No. 49 of 14 March 2014, TooA informs the Consumer User that the withdrawal of the Consumer User’s WEEE at the same place of delivery of the new equipment will take place as described below: within the 7th consecutive day following the completion of an order containing the purchase of one or more pieces of equipment supplied by TooA, the Consumer User may inform TooA (in one of the ways provided for in article 4.2) that they wish to take advantage of the collection of WEEE related to equipment equivalent to those purchased, in a number which does not exceed those purchased.
15.3) Within 15 working days following the date of the communication by the Consumer User as provided for in art. 15.2), TooA will arrange for the collection of equivalent WEEE referred to in the communication by the Consumer User, also by means of third parties authorised to do so.
15.4) On the date communicated by TooA or the third company authorised by TooA, the Consumer User must prepare the WEEE for collection. Pursuant to art. 12, paragraph 4 of the aforementioned Legislative Decree No. 49 of 14 March 2014, the collection may be refused if there is a risk of contamination of the personnel in charge of the collection or if it is obvious that the equipment in question does not contain its essential components or contains waste other than WEEE.
15.5) Pursuant to Article 11, paragraph 2 of the aforementioned Legislative Decree No 49. of 14 March 2014, TooA informs the Consumer User that distributors with a retail sales area for electrical and electronic equipment of at least 400 square metres are required to carry out, within the premises of their sales point or in the immediate proximity of them, the collection free of charge of very small WEEE (i.e. external dimensions below 25 cm) handed in by end users, with no obligation to purchase EEE of an equivalent type.
16) Order storage
16.1) Pursuant to Article 12 of Legislative Decree No. 70/2003, TooA informs the User that every order placed will be stored in digital form on the server where the Website resides according to criteria of confidentiality and security.
17) Special provisions for Professional Users
The following provisions are intended to govern the relationship between TooA and Professional Users.
17.1) The contract of sale stipulated under these General Terms and Conditions and its execution are governed exclusively by Italian law.
17.2) The provisions on the right of withdrawal referred to in Article 4) are not applicable to Professional Users.
17.3) The provisions on the right of warranty referred to in Article 6) are not applicable to Professional Users. Purchases made by Professional Users are governed by the rules of common law (including the Civil Code, in Articles 1490 et subseq., which govern the warranty for defects of the item sold, as well as the terms and conditions of the actions provided for the buyer).
17.4) The provisions for the free collection referred to in Art. 15) is not provided for Professional Users.
17.5) The products are owned by TooA until they have been paid for in full by Professional Users.
17.6) All disputes between TooA and Professional Users will be submitted to the exclusive and unquestionable jurisdiction of Italy.
17.7) All disputes between TooA and Professional Users will be submitted to the exclusive and binding jurisdiction of the Court of Milan, with the exclusion of any other competing or alternative jurisdiction.
FORM OF STANDARD WITHDRAWAL FOR THE CONSUMER USER
In order to exercise the right of withdrawal referred to in Article 4, the user may use this form:
Recipient: TooA s.p.a., Via Giovanni Pascoli n. 2, 60044 Fabriano (AN), telephone number: +39 348 8644411, e-mail address: firstname.lastname@example.org, certified e-mail address (PEC): email@example.com I/We (*) hereby give notice of termination of my/our (*) contract:
of sale of the following goods*:
ordered on*/received on*:
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) only if this form is submitted on paper:
* Delete unnecessary words