TERMS & CONDITIONS
1. GENERAL INFORMATION ABOUT THE SELLER
The website www.tecno-cold.it is owned by Tecno Cold S.r.l., VAT number 03005260355, with headquarters at Via Antonio Varisco 7/C, 42020 Albinea (RE), email: info@tecno-cold.it (hereinafter also “Tecno Cold” or “Seller“).
The Seller, as part of its policy of fairness and transparency, invites each user of the website (hereinafter also “Customer” or “User“) – before starting navigation – to carefully read these terms and conditions (“T&C“), which govern the services offered through the website.
In the event that the User does not intend to accept these T&C and/or any other notice, legal notice, information or disclaimer published on the website, they are invited not to use the site or its related services.
2. USER DECLARATIONS
By accessing and placing an order on the website www.tecno-cold.it, the User accepts the Seller’s data processing conditions, as well as these T&C.
The terms and conditions of sale are considered valid (when applicable) with respect to any commercial transaction concluded through the website, both by business customers and private customers.
The User also declares to be the legitimate holder of the communicated data and of the email address entered during the order phase and to elect such address as their digital domicile for all communications relating to the sales contract. The User is responsible for the truthfulness and correctness of the entered data.
The User finally declares to be of legal age and to be fully in possession of their capacity to act.
3. PRODUCT CHARACTERISTICS
The images and descriptions present in the product sheets published on the website reproduce as faithfully as possible the characteristics of the products themselves.
The images must in any case be understood as indicative and with usage tolerances, also taking into account possible modifications to product packaging. The packaging of delivered products may not match that represented on the site if the manufacturer has modified the packaging.
4. Registration to Personal Area
Purchases on the website www.tecno-cold.it can only be made by registered Users. Users can be private individuals, companies or freelancers. The provisions contained in the Consumer Code do not apply to purchases made by companies or freelancers.
In the “My Account” section, the User can register on the website by entering an email address. Registration on the site can also be done at the time of order checkout, by checking the appropriate box “Create an account?”.
Within the reserved area, the registered User can verify their personal data, order history, download product technical sheets, add addresses and payment methods.
5. APPLICABILITY OF CONSUMER PROTECTION REGULATIONS
The provisions set forth in the Consumer Code must be considered applicable exclusively to transactions completed by private Users. They will therefore be inapplicable to transactions finalized by companies or freelancers.
6. ORDER PROCESSING
Tecno Cold ensures the Customer rapid order processing; order confirmation communication occurs via email, after the User has made payment for the products. In case of payment by bank transfer, order confirmation is sent after receipt of the credit for the product price.
In case of partial or total unavailability of products following the sending of order confirmation, Tecno Cold will indicate to the Customer the expected times for new product availability and inform them of the possibility to request a refund.
7. PRICE
The price of products on the website is expressed in Euros and does not include VAT, as specified in the product sheet through disclaimer. The total tax due is communicated at checkout along with the order summary.
Shipping costs are not included in the price, but are indicated and calculated separately before the Customer sends the order. Costs are calculated based on product weight, if the weight does not exceed 5kg. If the product weight exceeds 5kg, shipping costs are calculated based on product volume. Product sheets show the weight and dimensions of each product. Shipping costs are calculated and communicated at order checkout and must be paid simultaneously with payment of the purchased product price.
8. PURCHASE PROCEDURE AND CONTRACT CONCLUSION
The site allows the User, through viewing the “Shop” page, to search and select products for sale. It is possible to search for individual products by choosing the specific category indicated in the dropdown menu.
By selecting a product, it is possible to view the specific product sheet, which indicates the product code, name, price, category and additional information regarding its weight and dimensions. The User can choose the product quantities to add to the cart and download the technical sheet.
After completing shopping, by clicking on “Cart” or the appropriate icon, the User can choose whether to view the cart to verify the chosen products by clicking on “View cart”, or proceed directly to payment by clicking on “Checkout”.
In the first case, the User can view the products added to the cart, modify their quantities and view the order total. The total price is divided into product price, shipping costs and VAT. The User can optionally enter a promotional code and click on “Apply promotional code” to apply the discount to the purchase. By clicking on “Update Cart” it is possible to view the recalculated total order price if the quantities of products to purchase are modified. To proceed with the purchase of products in the cart, the User must click on “Proceed with Order”.
In the “Proceed with order” or “Checkout” section, the User must enter billing details and can apply any promotional code they possess. The same page shows the order summary. The User must choose and select a payment method among bank transfer, credit card or PayPal, and then click on “Place order”.
The sales contract is concluded when the Seller sends order confirmation to the Customer.
9. PAYMENT METHODS
The User can proceed to payment of their order amount through:
- credit card;
- bank transfer;
- PayPal.
In case of credit card payment, the Customer is charged for the order amount – after verifying credit card data and receiving authorization for charging from the credit card issuing company – simultaneously with the Seller sending order confirmation to the Customer. Credit card data is protected and sent directly to the banking company that manages the payment. Payment occurs on a secure server, with SSL encryption key, to guarantee absolute transaction security. Credit card data will not be accessible by the Seller or third parties, either at the time of order submission or subsequently.
In case of PayPal payment, the web session is transferred to the provider’s website, where the Customer executes payment according to the procedure provided and regulated by the provider itself. Data entered on the provider’s site is processed directly by the provider and is not transmitted or shared with the Seller. The Seller is therefore unable to know or store the payment card data connected to the Customer’s account or data of any other payment instrument connected to such account. Payment charging occurs simultaneously with the Seller sending order confirmation to the Customer, unless the Customer chooses to use installment payment services provided and subject to terms, conditions and availability of the digital payment service provider.
In case of bank transfer payment, the User receives payment data in the order confirmation email. Within the payment reference, the Customer is requested to enter the order number. Selected merchandise is considered reserved for 3 working days, after which, in the absence of payment of the total amount, the order is considered resolved and the reservation cancelled. Product shipment occurs only once payment of the related prices is received.
We remind that the use of a payment instrument without authorization from its holder may constitute civil offense and criminal hypotheses, which may also be prosecuted by Tecno Cold where possible/applicable.
The invoice will be sent via SDI, email or PEC and cannot be modified following its issuance by the Seller.
10. SHIPPING, DELIVERY AND IMPOSSIBILITY OF DELIVERY
The Seller accepts orders to be made exclusively on Italian territory.
Shipment of products purchased by the Customer occurs through the Spediamopro platform. The delivery location is that indicated by the Customer at the time of order submission. Delivery methods are determined based on the carrier entrusted with its management.
The Seller commits to having products shipped by courier within 4 working days from the order confirmation date. Delivery times vary based on courier availability.
In case of failure to collect products and after the storage terms at the courier have elapsed, the contract will be considered resolved. The Customer will be refunded the amount paid for the order, excluding:
- shipping costs;
- any additional costs arising from the refund (e.g., payment intermediary commissions);
- any expenses charged by the courier for returning merchandise to Tecno Cold S.R.L. warehouses;
- any value losses determined by damage to the goods during the delivery, storage or return phase.
To ensure correct order fulfillment, it is strictly necessary that the information indicated during Customer registration be correct and truthful. Should such information undergo changes, the Customer must promptly update it.
The Customer can decide to collect products directly at the Seller’s headquarters.
11. RISK TRANSFER AND PRODUCT DELIVERY
The Customer assumes the risk of loss or damage to products for causes not attributable to the Seller at the moment when the Seller delivers the products to the carrier. The Seller is not responsible for any damage suffered by products during shipment. At the time of delivery, the Customer assumes the obligation to verify the exact quantity and quality of products: any claims for damages resulting from transport, tampering with packaging or missing merchandise, must be communicated to the carrier at the time of delivery, with written confirmation to the email address info@tecno-cold.it within 7 days of receiving the products.
12. RIGHT OF WITHDRAWAL
The User who has the status of consumer/private customer has the right to withdraw from the contract, without having to specify the reason, within 14 days from the moment the customer acquires physical possession of the product.
To exercise the right of withdrawal in relation to an order, the User must inform the Seller of their decision to withdraw before the expiration of the withdrawal period, through registered mail with return receipt to Tecno Cold S.r.l., Via Antonio Varisco 7/C, 42020 Albinea (RE) or via email to: info@tecno-cold.it.
Such communication must specify the intention to withdraw from the purchase and the product or products for which the right of withdrawal is intended to be exercised, attaching a copy of the “Acceptance Confirmation”, purchase receipt or invoice.
The Customer must then return the product at their own expense to the following shipping address: Tecno Cold S.r.l., Via Antonio Varisco 7/C, 42020 Albinea (RE).
The returned product must be returned in the state in which it was delivered, in particular it must not:
- have been altered;
- show any signs of use.
The Customer is responsible for the decrease in value of the returned goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods themselves.
If the User withdraws from the contract within the times and methods indicated, in accordance with these T&C and the discipline of the Consumer Code, the Seller proceeds to refund the amount paid by the User for the product no later than 14 days from the return of the same. The refund will be made through the same payment instrument used by the User for the purchase.
In the event that withdrawal is not exercised in accordance with applicable regulations, it will not result in contract resolution and, consequently, will not give right to any refund.
13. RESPONSIBILITY FOR PLATFORM OPERATION
Tecno Cold assumes no responsibility for damages arising from inaccessibility to services due to problems connected to the network, providers or telephone and/or telematic connections over which it has no control.
14. LIMITATION OF SELLER’S LIABILITY
The Seller is not responsible for losses, direct or indirect, and for lost profits that are not a consequence of violation of these T&C or that derive from fortuitous events or force majeure causes.
The Seller’s liability will in any case be limited to a maximum amount equal to the value of the confirmed order.
15. RESOLUTION, TERMINATION AND SUSPENSION OF SERVICES
Tecno Cold reserves the right to cancel the Profile and/or not allow the User access to its website and services, at any time and with immediate effect, in case of violation by the User of the obligations incumbent upon them under the previous articles or legal norms in the context of site use. In relation to such Users, Tecno Cold is authorized without prior notice to cancel orders placed and not yet delivered.
Access to the website may also be temporarily interrupted in case of technical problems or to ensure its maintenance. Such interruptions will be communicated on the website if possible.
At any time Tecno Cold may make improvements and/or changes to the website and services when this becomes necessary for technical reasons or to comply with legal norms.
Tecno Cold reserves the right not to accept the purchase order and/or to resolve with immediate effect the obligations arising from these conditions in the event that the User does not provide, where required, information and/or copies of documents that demonstrate ownership of the payment instrument used.
Tecno Cold may also suspend the service in whole or in part in case of unavailability of the sum for purchasing the ordered products.
16. LEGAL GUARANTEE OF CONFORMITY
The Legal Guarantee of Conformity is provided by the Consumer Code in articles 128-135 and establishes the Seller’s responsibility for conformity defects of sold goods.
The Legal Guarantee referred to in the Consumer Code is reserved for private Customers.
All products that present a conformity defect existing at the time of delivery and that manifests within 24 months from the purchase date are covered by the Legal Guarantee (the receipt or purchase invoice serves as proof).
The conformity defect must be reported to the Seller within 2 months following the date of discovery of the defect itself. Unless proven otherwise, it is presumed that conformity defects that manifest within 6 months of goods purchase already existed at that date.
There is a “conformity defect” when the purchased good:
- is not suitable for the use for which goods of the same type are habitually used;
- does not conform to the description provided by the seller;
- does not possess the qualities of the product that the seller presented to the consumer as a sample or model;
- does not present the usual qualities and performance of a product of the same type, also taking into account declarations made in advertising or on labeling;
- is not suitable for the particular use intended by the consumer if brought to the seller’s attention at the time of purchase.
In case of lack of conformity, duly reported within the terms, the Customer will have the right:
- primarily, to repair or replacement of the product, unless the remedy itself is objectively impossible or excessively burdensome compared to the other;
- secondarily (where the first two remedies prove impossible or excessively burdensome, or have not been implemented within reasonable terms, or previous repairs or replacements have caused you considerable inconvenience duly demonstrated), to price reduction or contract termination.
The requested remedy is “excessively burdensome” if it imposes unreasonable expenses on the Seller compared to alternatives, taking into account the value the product would have if there were no lack of conformity, the extent of the lack of conformity, the possibility that the remedy can be implemented without considerable inconvenience to the consumer.
In the event that the Customer should encounter a conformity defect, they must send an email to info@tecno-cold.it attaching the receipt/invoice for the product purchase and a photograph showing the defect. The Seller will examine the product to verify the applicability of the Legal Warranty (excluded if, for example, more than two years have passed since the purchase date, the product shows damage and/or anomalies that were caused by the consumer and do not derive from a conformity defect).
In case of lack of conformity, the User will have the right alternatively to repair of the defective product or its replacement with an equivalent product (if available), unless the remedy itself is objectively impossible or excessively burdensome compared to the other.
Should the Seller find the existence of the conformity defect, the Customer must ship the product to the Seller and the expenses for repair and transport will be borne by the Seller. Pursuant to article 130 of the Consumer Code, repairs or replacements due to verified conformity defects must be carried out “within a reasonable time from the request and must not cause considerable inconvenience to the consumer, taking into account the nature of the product and the purpose for which the consumer purchased the product”. In any case, except in exceptional cases, repair or replacement will be carried out within 60 days from delivery of the defective product to the Seller. Otherwise, the Customer may request one of the alternative remedies provided by law (contract termination or reduction of the price paid taking into account any use of the product).
17. PERSONAL DATA PROCESSING
The processing of personal data required during the checkout procedure will be carried out exclusively for the purposes of making the website and service available, processing and sending the order, managing the commercial relationship between Seller and Customer, satisfying administrative needs and legal obligations regarding tax and accounting regulations incumbent on the Seller as well as defending a right of the same in case of dispute.
In the event that the Customer has provided their express consent, the data may be further subject to processing in order to promote the Seller’s activity directly to the Customer through the sending of communications for marketing purposes, processing and market studies etc. by electronic means.
All specific information relating to data processing can be found in the sections of the site expressly dedicated to this purpose (Privacy Policy – Cookie Policy).
18. APPLICABLE LAW AND DISPUTES
These T&C and in general the relationships between the Seller and Users of the website are governed by Italian law and must be interpreted in accordance with it.
Pursuant to article 49 paragraph 1 letter V of Legislative Decree September 6, 2005 no. 206 (Consumer Code), the consumer may use the joint conciliation procedure (the “Joint Conciliation”). The procedure may be initiated when the consumer, after having submitted a complaint to the Seller, within 30 days has not received a response or has received a response not considered satisfactory by them.
Any disputes connected and related to the use of the website and the services contemplated therein are reserved to Italian jurisdiction and territorial competence of the Court of Reggio Emilia, without prejudice to the mandatory Consumer Court, if applicable.
19. FINAL PROVISIONS
The possible invalidity of a provision of these T&C will not affect the validity of the others, which will remain fully valid and effective.
20. MODIFICATIONS AND ADDITIONS
These T&C may be supplemented or modified by the Seller at any time, with effect from the date of publication on the website www-tecno-cold.it.
The Customer is therefore required to verify the T&C in force at the date of conclusion of each purchase.
It is understood that orders concluded prior to any modifications or additions will remain governed by the T&C in effect at the date of contract completion.
Update date: 11/09/2023
