a. CONTRACT CONDITIONS
b. DELIVERY
1. Subject of the online contract and its definition
By “online contract of sale and purchase” is meant the long-distance contract, that is the legal transaction having as its object personal properties and/or services drawn up between a supplier, Tulton s.r.l. with seat in San Giovanni Teatino (Ch), Via PO,37 and a client customer within the sphere of a selling system organized by the supplier that, for such contracts, uses the technology of long-distance communication called “Internet”. All the contracts, therefore, will be cocluded by the client customer directly through the access to its Internet website with the address http:/www.peways.com, where, following the suitable procedures, will conclude the contract for the purchasing of goods. By “final consumer” is meant the natural person that buys goods and services for purposes not directly referred to professional carried out activity. Here below are reported the selling conditions that will remain effective until they are changed by the supplier. The changes in the selling conditions will be effective when they are published on the Internet website and will be referred to the sales carried out from that moment on.
2. Selling prices and purchasing procedures
All the selling prices of the products exposed and indicated on the Internet website, for which they represent an offer to the public in conformity with art. 1336 c.c., are VAT and any other taxes included (unless differently indicated). All the prices of the products are valid exclusively within Italian territory. The shipping cost is properly pointed out on the page of the Internet website. The client will take care of considering the cost before confirming the purchasing; in case of delivery abroad any supplementary cost due to charges or taxes that the laws in force in the country of destination provide for, will be paid by the customer. The buying contract is executed by properly drawing up the form and by the consent to purchasing shown by the assent given online. The client can pay the ordered goods using only the procedures of payment indicated online on payment.
3. Execution of the contract and procedures of delivery
Tulton s.r.l. will take care of delivering selected and ordered products to the clients, by procedures quoted above, by responsible carriers and/or shipping agents. If the consignee is not present at the moment of delivery, a notice will be left and the clients will have to contact the carrier as soon as possible in order to agree on the delivery procedures. Delivery terms that, in any case, do not exceed those provided for in art.6 D.L. 185/1999 (30 days order date), can vary from the order date up to a maximum of seven working days. The above delivery terms refer to products in stock when ordered. Delivery will be made from carriers to roadway. No responsibility will be ascribed to the supplier for delayed or non delivery due to force majeure or by pure chance.
4. Availability of products and delivery
The client will be able to buy the products indicated in the arranged electronic catalogue (present on website Peways.com) and in quantities present in stock. If an order exceeds this quantity, the information system will accept the purchasing only for the products available at the moment and will make the customer know if the product will be available in the future and the expected time for the supply. The delivery of products bought on the online catalogue of Peways.com can be made only at addresses in national territory. (Attention: delivery to places such as Livigno and Campione d’Italia will be excluded, as well as to minor isles, except after communication of supplementary shipping cost). If the order is accepted, Tulton s.r.l. will deliver the requested goods through express carriers to the address quoted in the order form. Normal delivery times in the Italian area are about 3/8 working days from the order shipping (weekend and holiday are not included in the counting of days). If you live on the islands or in the suburbs, it is normal to count further 1/2 days. In any case, the delivery terms indicated cannot be considered an engagement for Tulton s.r.l. All the orders paid by Bank Transfer or postal order, will be carried out only after acknowledging receipt by Fax.
5. Responsibility
Tulton s.r.l. does not shoulder the responsibility for disservices caused by force majeure (greater force) such as accidents, explosions, fires, strikes or locks-out, thefts, earthquakes, floods and other similar events that prevent, completely or in part, from fulfilling the contract in the arranged times. Tulton s.r.l. will not be responsible for damages, losses and costs suffered because of the non fulfilment of the contract for the reasons above quoted; the consumer has only the right to return the paid price. Likewise Tulton s.r.l. is not responsible for the possible fraudulent and unlawful use of credit cards, cheques and other payment means by third parties on payment of the products.
6. Warranties and assistance procedures
Tulton s.r.l. commercializes high-quality products and all the products have the original Italian warranty of the producer (minimum validity 24 months, in conformity with DL 24/02). Therefore, it is important to keep the selling invoice and the ticket attached to the product. The exact procedures of warranty are shown in the document enclosed inside the package. This service is usually provided directly by the manufacturing company, but if the customer prefers it, he can choose to be assisted by Tulton s.r.l. by any means, during the return phase and the management of what given back under warranty. For this purpose and in order to let Tulton staff to carry out the task correctly, the client will have to ask “the return number” of the product contacting by telephone Tulton s.r.l. at 39 085 4465283. Possible shipping cost will be paid by the client. In any case, the reference law and the application procedures of the warranty are indicated and pointed out by the producer in the certificate attached to the product. Information in the cards of the product are provided by the producer. Tulton s.r.l. disclaims any responsibility in case of imprecisions in the specifications of the product or in the documents. The main characteristics are not binding and can be changed without any notice. We kindky ask you to contact us if you verify any differences from the real features of the product so to intervene promptly.
7. Duties of the buyer
Once concluded the “online”purchasing procedure, the consumer undertakes to see to the printing and the keeping of these general conditions that, moreover, he will have already considered and accepted as fixed stage of the purchasing, as well as the specifications of the purchased product: this with the purpose to completely satisfy the condition quoted in the art. 3 and 4 Dl. N.185/1999. The buyer absolutely must not insert false, invented and/or fancy data into the recording procedure necessary to activate for him the course for the execution of this contract and the relating further communication; personal data and e-mail must be exclusive real personal data and not of the third parties or fancy ones. It is expressly forbidden to make two registrations for a single person or to insert data of third parties. Tulton s.r.l. reserves the right to legally prosecute any violation and abuse, in all the consumers’ interest and in defence of them.
8. Withdrawal right and complaints
The consumer who is not pleased with the purchase for any reason, has the right to withdraw from the drawn up contract, without any penalty and without specifying the reason, within 10 working days starting from the day of their receipt of goods. The withdrawal must be communicated by sending a registered letter with advice of receipt with 10 working days to the following address: Tulton s.r.l.. Via PO n.37 66020 San Giovanni Teatino (Ch), telephone number: +39.085 4465283; telefax: +39.085.4462677; mail: peways@peways.com. Within the same period a telegram or a fax can be sent; it must follow within 48 hours the above registered letter with advice of receipt in confirmation of the withdrawal requested. The consumer cannot exercise such withdrawal right for products made to measure or clearly personalized or that, by their very nature, cannot be sent back or run the risk of deteriorating or rapidly going bad. Within the above-mentioned period of 10 days, all the goods purchased integral and in their original package and any manual must be returned to the sender-supplier, without any lack. The returning expenses will be paid by the client. Once received the goods, Tulton s.r.l. will take care of sending the total amount paid by the consumer within the period of 30 days, with value date to run in any case from not more than 15 days from the receipt of the withdrawal notice. The consumer will take care of giving the bank details in time to get the bank transfer(data such as ABI, CAB, current account of the holder of the invoice).
9. Contract cancellation and resolutory clause
Tulton s.r.l. has the authority to cancel the contract simply giving communication to the client with right and justified reasons; in this case the client will have the right exclusively to return any amount already got and paid.
10. Granting and treatment of personal data
Personal data are collected in order to register the client and start procedures for the execution of this contract and the relating necessary communications; such data are treated electronically in the observance of the laws in force and can be shown only if requested by judicial authorities or by other authorities for such a purpose authorized by law. Personal data will be used for the fulfilment of the tasks necessary to execute the drawn up contract and to issue selling invoices. The interested party enjoys the rights of the art. 7 DL 196/2003, that is: requesting confirmation of the existence in Tulton s.r.l. of one’s personal data, knowing their origin, the logic and purposes of their treatment; getting their bringing up-to-date, correction and integration; requesting their cancellation, transformation into anonymous way or the block in case of unlawful treatment. Tulton is owner and responsible for the collection and treatment of personal data.
11. Jurisdiction and place of jurisdiction
Each controversy relating to application, fulfilment, interpretation and violation of the purchasing contracts drawn up “online” through website Peways.com is subjected to Italian jurisdiction; these general conditions are relating to the COMBINATO DISPOSTO(Italian law) of DL n. 50 of the 15.1.1992 and DL n. 185 of the 22.5.1999, when not expressely here provided for. For any controversy between the parts as to this contract the place of jurisdiction of the Client or the elective domocile of the final consumer will be competent. (Art. 1469 Bis n. 19)
Shipping
Shipping times vary according to the availability of the pieces. For further information please call + 39.085.4465283 or write us using the form on page Shipping costs are 12 euro in Italy, 15 euro abroad.
