Terms of sale

The products for sale on www.tosoniselleriashop.com are marketed online and distributed by Tosoni Selleria Srl Unipersonale Via S.Bernardino 22-26 25018 Montichiari (BS) - ITALY VAT IT01577280983 | REA: BS-324657 hereinafter also simply Tosoni Selleria.
These general conditions of sale exclusively regulate purchases made through the website www.tosoniselleriashop.com.
TOSONI SELLERIA may modify the Conditions of sale, at its sole discretion.
The Conditions of Sale applicable to orders placed through the website www.tosoniselleriashop.com are those in force at the time of the order request.
For any clarification, you can send an email to [email protected] contact TOSONI SELLERIA by phone at +390309960522.

Art. 1 - DEFINITIONS

  • Supplier or Seller: unless otherwise stated, Tosoni Selleria Srl Unipersonale Via S.Bernardino 22-26 25018 Montichiari (BS) - ITALY, VAT IT01577280983 | REA: BS-324657
  • Platform or website: means the website tosoniselleriashop.com., Belonging to the Supplier.
  • User or Visitor: any person who has access to the website.
  • Customer or Buyer: the user who makes a purchase on the Site, accepting the general conditions of sale.
  • Consumer customer: natural person who acts for purposes not directly related to the professional activity possibly carried out. Therefore, retailers and companies are excluded from this definition.
  • Professional customer: traders, wholesalers, resellers and, in general, professionals who purchase for non-personal use.
  • Parties: the Customer and the Supplier
  • Order: the request form for goods for sale, filled in by the Customer through the Site.
  • Products: the goods offered for sale on the Site, based on the general conditions of sale.
  • Price: the consideration for the sale

Art. 2 - SUBJECT

The object of this contract is the online sale which has as its object the sale of the products listed on the tosoniselleriashop.com site. by the Supplier to the Customer according to the general terms and conditions of sale set out below.

Art. 3 - SALE OF PRODUCTS

  1. 3.1 The purchase of the Products on the Site is allowed to any User.
  2. 3.2. The User can select the Product of interest by inserting it in the "cart"; if he intends to add products to the purchase, the User can do so in the same way. At any time, the User can view the products placed in the cart by clicking on "items in your cart" and decide whether to cancel them, continue shopping or go to the checkout.
  3. 3.3. Once the choice of products has been completed, by clicking on "go to checkout", the customer is asked to provide the data relating to shipping and billing by completing the form on the appropriate page. The customer undertakes to communicate correct, truthful and complete data regarding: personal details, personal contact details, other information useful for order fulfillment.
  4. 3.4. The system allows the User to register their data, so as to be able to make subsequent purchases more quickly; in this case, the credentials (to be changed at first access and kept strictly confidential) to be used in subsequent purchases will be sent to the User via the indicated email address
  5. 3.5. the system allows you to choose one of the payment methods described in art. 5 of these conditions, and go on by clicking "continue".
  6. 3.6. Before confirming the order, the Customer is required to check all the information contained in the order summary page, containing the specifications relating to the product or products selected, the total amount to be paid and the shipping and billing data entered.
  7. 3.7 the customer can decide to go back if he does not intend to continue sending the order or confirm it by clicking on "order with payment obligation".
  8. 3.8. The order is understood to be firm and irrevocable for the customer for 10 days. The order is understood to be accepted by the Seller when the latter sends the order confirmation to the e-mail address provided by the customer when registering on the Site. The Seller will have, at its own unquestionable judgment, the right to accept or reject the customer's order without the latter being able to object or complain about anything, for any reason and / or title. The Seller in particular reserves the right to refuse or cancel an order in case of doubts about the veracity of incomplete or inconsistent personal data, payment defaults already manifested in previous purchases, doubtful credit card authenticity, unavailability of products, delivery to areas frank, offensive, racist personalizations and / or in any case deemed not tolerable for the Supplier's image. The communication of refusal or cancellation of the order (by e-mail or telephone) may not be timely and may also take place following subsequent contact by the customer. The customer is required to keep a copy of the order confirmation for any disputes and / or complaints.
  9. 3.9. The products are offered for sale on the basis of the terms and conditions set out in the contract published on the site at the time of the order.
  10. 3.10. The contract is concluded and binding for the parties when the Supplier sends the order confirmation to the e-mail address of the Customer, indicated by the same when registering on the site.
  11. 3.11. Prices and products may undergo variations, without the need for prior notice, it being understood that those published on the website at the time the Orders are placed by the Customers will be considered applicable.
  12. 3.12. For the purchase of all products, including shipping costs, prepayment is required.
  13. 3.13. Any discounted or promotional products will be easily identifiable by the Customer when evaluating the products listed on the site.

Art. 4 - DELIVERY TIMES AND METHODS

  1. 4.1. The Supplier carries out deliveries both in Italy and abroad. The delivery of the products to the shipping address indicated by the Customer in the order is made by express courier.
  2. 4.2. The indicative delivery times for the products are 30 days upon receipt of the order confirmation; however, it should be noted that delivery times may vary depending on the availability of the products at the Supplier's premises; it will be the Supplier's responsibility to keep the Customer informed of the circumstances that may lead to a delay in delivery. The times are indicative and are not of an essential nature.
  3. 4.3. For agreements entered into with the forwarding agent used by the Supplier, no shipments are made on Saturdays, Sundays and holidays according to the Italian calendar and according to that of the nations possibly affected by the shipment.
  4. 4.4. The Seller will have the right to split the delivery of the products at different times, without the Customer being able to object or complain about anything, for any title and / or reason.
  5. 4.5. Delivery will take place without an appointment. The shipper used by the Supplier makes two attempts to deliver the products to the address indicated by the Customer. In the event that these attempts are not successful, the products will remain in stock at the carrier's warehouse for 5 (five) working days at the Customer's disposal. In the event of failure to collect within this period, the order will be automatically canceled and the products returned to the Supplier, with the Purchaser responsible for the related costs.
  6. 4.6. With the delivery of the goods, the Customer, whether he receives the goods directly or receives them through a third party designated by him, materially comes into possession of the products. The risk of loss or damage to the goods, for reasons not attributable to the seller, is transferred to the Customer, if a consumer, only when the latter, or a third party designated by him and other than the carrier, materially comes into possession of the goods. However, the risk is transferred to the consumer already at the moment of delivery of the goods to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by the professional, without prejudice to the consumer's rights towards the carrier.
  7. 4.7. If the Customer is not a consumer, all risks of loss and perishing of the asset are transferred to the Customer himself upon delivery to the carrier by the seller.
  8. 4.8. At the time of delivery of the products, the Customer is required to verify that the packaging is intact, not damaged, nor wet or otherwise altered, even in the closing materials. In the event of evident damage to the packaging and / or the product, the Customer may refuse delivery of the products themselves, which will be returned at no cost to the Customer. Once the delivery document has been signed, the Customer will not be able to make any objection about the external characteristics of the products delivered.

Art. 5 - OBLIGATIONS OF THE CUSTOMER

  1. 5.1. The Customer is required to provide all the data requested during the purchase and verify their correctness before submitting the order request.
  2. 5.2. The Customer is required to pay the price of the products purchased and to keep a copy of the purchase confirmation sent by the Supplier to the e-mail address indicated by the Customer himself when registering on the site.
  3. 5.3. The Customer is required to check the integrity of the packaging during delivery and to promptly report any damage.

Art. 6 - PRICE AND PAYMENT

  1. 6.1. The prices are expressed in Euros (€) and include the Value Added Tax (VAT) in force for the respective product categories to which they belong.
  2. 6.2. The total price resulting at the end of the order includes shipping costs. Any additional charges related to storage services due to non-delivery and consequent failure to collect by the Customer, are charged to the Customer.
  3. 6.3. The Customer examines all the specifications relating to the price to be paid before sending the order request with payment obligation.
  4. 6.3. Payment can be made through one of the following methods made available by the site, namely: PayPal, credit card, bank transfer, and, only for Italy, also cash on delivery. Further information on payment methods is available on the following page: https://www.tosoniselleriashop.com/it/payment-methods.html
  5. 6.4. The system allows the customer who has chosen a credit card or paypal as a payment method to make the payment through the platform of the supplier involved, to which he is sent back by clicking on "pay now"; in the event that a bank transfer has been chosen, the details for making the payment of the amount as per order will be displayed and the Customer is required to communicate to the Supplier the identification number of the transfer made.
  6. 6.5. Any price changes do not apply to orders already confirmed.

Art. 7 - FORCE MAJEURE

  1. 7.1. The parties will not be liable for the delay in fulfilling their obligations under the contract if such delay is caused by circumstances beyond their reasonable control. The party late due to force majeure will be entitled to an extension of the terms, necessary to fulfill these obligations. By way of non-exhaustive example: delays in deliveries due to natural disasters, fires, floods, wars, civil insurrections, riots, strikes, acts of terrorism, measures of any public or governmental authority, earthquake, flood, landslide, tsunami, wind and other natural events for which a state of emergency or natural disaster has been declared by the competent authority.

Art. 8 - RIGHT OF WITHDRAWAL

  1. 8.1. In accordance with the provisions of articles 52 and ss. of Legislative Decree 205/2006 (consumer code), the Supplier recognizes the Consumer Customer the right to withdraw from the contract, without giving any reasons, by returning the purchased products with consequent refund of the price or replacement with another product.
  2. 8.2. The right of withdrawal is the faculty of natural persons who act for purposes not directly related to their professional activity. Therefore, dealers and companies are excluded from this right.
  3. 8.3. To exercise the right of withdrawal, it is necessary to send, within the period of 14 days provided for by art. 52 of the consumer code, an explicit declaration (for example letter sent by post, fax or e-mail) Tosoni Selleria Srl Unipersonale Via S.Bernardino 22-26 25018 Montichiari (BS) - ITALY Fax +39 0309961291 mail: [email protected] For this purpose, the form attached to these conditions and available on the website can also be used.
  4. 8.4. To comply with the 14-day deadline set by current legislation for withdrawal, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the expiry of the period indicated.
  5. 8.5. The withdrawal period expires after 14 days:
    1. a. in the case of purchase of an asset, from the day on which the Customer acquires physical possession of the goods
    2. b. in the case of a contract relating to multiple goods ordered in a single order and delivered separately, from the day on which the Customer acquires physical possession of the last good
  6. 8.6. To exercise the right of withdrawal, it is necessary to return the products in an intact state of conservation and with original labels that have not been removed. The packaging of the products must be accurate, in order to protect the original wrapping from damage, affixing of writings or labels. The Customer is only responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish their nature, characteristics and functioning.
  7. 8.7. The products must be returned within 14 days from the day on which the withdrawal was communicated. The deadline is met if the shipment of the goods takes place before the expiry of the 14-day period.
  8. Unless otherwise agreed, the products must be delivered or sent to the following address: "Tosoni Selleria Srl Unipersonale Via S.Bernardino 22-26 25018 Montichiari (BS) - ITALY".
  9. 8.8. The direct costs of returning the goods will be borne by the customer.
  10. 8.9. In case of withdrawal the payment will be refunded except point 8.8 and costs, see in "Returns and Refunds" point 10
  11. 8.10. The refund will be made using the same payment method used for the initial transaction, unless otherwise expressly agreed; in any case, the Customer will not have to incur any costs as a consequence of this reimbursement.
  12. 8.11. The reimbursement may be suspended until the goods are received or until the Customer demonstrates that the goods have been shipped and the goods have been received to verify its conformity.
  13. 8.12. If the Customer violates, in whole or in part, the provisions dictated on the subject of withdrawal from these general conditions, the Contract will remain valid and effective and the Seller will return the Products unduly returned to the Customer, charging the latter the related shipping cost.
  14. 8.13. As expressly provided for by the Consumer Code, the right of withdrawal does not apply to products that have been opened / partially consumed or Products damaged by the Customer due to inexperience.
  15. 8.14 Pursuant to Article 55, second paragraph, of the Consumer Code, Customer cannot exercise the right of withdrawal in the event that the products purchased are tailor-made or personalized
  16. 8.15 ATTENTION: WE DO NOT ACCEPT RETURNS FROM SWITZERLAND AND OTHER EXTRA-COMMUNITY COUNTRIES (CE)
  17. 8.16 We do not accept returns and replacements of saddles of any type.
  18. 8.17 We do not accept returns and replacements of items on sale and / or with a discount of more than 30%
  19. WE DO NOT ACCEPT RETURNS OF KEP ITALIA, KASK, SAMSHIELD HELMETS AND PERSONALIZED ITEMS.

Art. 9 - WARRANTY

  1. 9.1 Products sold to customers who, pursuant to the Consumer Code, qualify as a consumer are covered by the 24-month warranty for lack of conformity, provided that the Product itself is used correctly, in compliance with its intended use and as provided in the attached documentation. In this case, the Customer must, under penalty of forfeiture, report the defect in writing to the Seller within 2 (two) months from the date of its discovery.
  2. 9.2 Any conventional manufacturer's warranty is provided in the manner illustrated in the documentation inside the Product packaging.
  3. 9.3 If, following intervention by an authorized service center, the defect is not covered by the warranty, the Customer will be charged for any costs of verification and restoration required by the authorized assistance, as well as transport costs.
  4. 9.4 In the event of a lack of conformity, the Seller will, at no cost to the Customer, restore the conformity of the Product by repairing / replacing or reducing the price, until the contract is terminated. The times for replacing or repairing the Product are the ordinary ones and depend exclusively on the manufacturer's policies.
  5. 9.5 In the event that, for any reason, it is unable to return a Product under warranty (restored or replaced) to its Customer, the Seller may proceed at its discretion to return the entire amount paid or to replace it with a Product of equal or superior characteristics.
  6. 9.6 No damage can be requested from the Seller for any delays in carrying out repairs or replacements.
  7. 9.7 In the event of a Contract concluded with a non-consumer Customer, the warranty is 12 months from delivery and any flaws and / or defects must, under penalty of forfeiture, be reported in writing to the seller within eight days.

Art. 10 - PRIVACY

  1. 10.1. The personal data communicated by the Customer necessary for the execution of the contract are processed in compliance with the provisions of EU Regulation 2016/679 (RGPD) and Legislative Decree 2003 n. 196 regarding the protection of personal data as amended and supplemented by Legislative Decree 101/2018
  2. 10.2 The Customer declares to have read the privacy information provided pursuant to article 13 of the RGPD during the purchase phase. For further information, consult the Privacy section of the Seller's website.

Art. 11 - FINAL CLAUSES

  1. 11.1 This Agreement encompasses the entire will of the parties with regard to the relationship established therein and will prevail over any other agreement or understanding previously concluded, which must therefore be automatically deemed to be ineffective as of the date of the conclusion of this Agreement.
  2. 11.2 Any agreement notwithstanding the above provisions, of whatever nature, will be valid only if drawn up in writing, signed by the parties.
  3. 11.3 If one of the clauses of this Agreement should be declared null or ineffective by the competent authority, it will continue to have full effect for the part not affected by said clause, unless it constituted an essential and decisive reason for the conclusion of the Contract.
  4. 11.4 The circumstance that one of the parties does not at any time assert the rights recognized by one or more clauses of this Agreement cannot be understood as a waiver of these rights nor will it prevent the subsequent demand for compliance with any and all contractual clauses.
  5. 11.5 The Customer is not authorized to transfer, assign or in any way dispose of the rights or obligations arising from this Agreement without the prior written consent of the Company.

Art. 12 - COMMUNICATIONS

  1. 12.1. All communications between the parties must be made in writing and sent to the address of the other party indicated in the contract and in the order. Communications sent to the e-mail address of the other party, indicated on the site and in the order, are also considered to be sent in writing.

Art. 13 - LANGUAGE

  1. 13.1. The sales contract is drawn up in Italian, in case of doubts concerning translations into other languages, the Italian version will prevail.

Art. 14 - APPLICABLE LAW AND JURISDICTION

  1. 14.1. The contract will be governed and interpreted in accordance with Italian law.
  2. 14.2. For any dispute deriving from the contract or relating to it, the Brescia court will be exclusively competent, always without prejudice to the application of the consumer's court mandatorily prescribed by the law.

Pursuant to and for the purposes of art. 1341 and 1342 of the Italian Civil Code, the Customer declares that he has read, understood and wishes to accept articles 3.8 (irrevocability of the order) 4 (Delivery times and methods), 5 (Customer obligations), 8 (Right of withdrawal ), 9 (Warranty), 13 (Language), 14 (Applicable law and competent court) of these general conditions of sale.