TERMS AND CONDITIONS
The goods object of these general conditions are to be sold by TWINSUP company based in Via della Madonna 52 – 57123 Livorno (LI), Italy , registered with the Chamber of Commerce of Marsalawith number 184090 of Business Register, National Insurance Number VNCVNT84P11B774T, VAT NUMBER 03490620790.
1.1 The term “online sales contract” means the contract of sale of the company’s material goods, entered into between them and the buyer under a sales system remotely via telematics, organized by the supplier.
1.2 The term “Buyer” means the consumer as a natural person who performs the purchase, through this contract, for purposes not related to business or professional activity.
1.3 The term “supplier” means the person mentioned in the headnote, which is the lender of information services
Object of the contract
2.1 With this contract, respectively, the TWINSUP company sells and the buyer makes a purchase at a distance, through electronic tools, of material goods indicated and offered for sale on the web site www.twinsup.com
2.2 The products referred to above are described on the website www.twinsuo.com/shop
3.1 The contract between the buyer and TWINSUP is concluded, exclusively, through the Internet by accessing to the address of the buyer www.twinsup.com, where following the procedures indicated, the buyer formalize the proposal for the purchase of goods and therefore, the contract for the purchase of goods referred to paragraph 2.1 of the previous article.
THE CONCLUSION AND THE EFFICACY OF THE CONTRACT
4.1. The purchase contract is concluded by correctly filling in the application form and the consensus expressed by the accession sent online or by filling in this online form / form at www.twinsup.com/shop and then send the form / module, likewise after viewing a web page order summary, printable, which shows the payer and the order ends, the price of the goods purchased, shipping costs and any additional expenses, the manner and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2. When TWINSUP receives the order by buyer, provides to sending an e-mail confirmation or the display of a confirmation page and order summary, printable, which shows the data in the previous step.
4.3. The contract is deemed not perfected and not effective between the parties at fault than indicated above.
methods of payment and reimbursement
5.1. Each payment by the buyer may only take place using one of the methods mentioned in the relevant web page from Twinsup company.
5.2. Any reimbursement will be credited to the Buyer through one of the arrangements proposed by Twinsup and Buyer choice, in a timely manner and, in case of exercise of withdrawal rights, as regulated by art. 13, paragraph 2 et seq. of this contract, no later than 30 days from the date on which the Supplier is aware of the termination.
5.3. All communications relating to payments are made on a special line of Supplier protected by encryption system. The company Twinsup guarantees the storage of this information as an additional layer of security and encryption in accordance with the provisions of current legislation on protection of personal data.
Timing and methods of delivery
6.1. Twinsup will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website at the time of the offering of the goods, as confirmed in the email
6.2. The shipping time can vary from the day you order a maximum of 5 working days from the confirmation of the same. In case Twinsup is not able to make the shipment within that period but in any event within that indicated in the following point, it will be given prompt notice by e-mail to Buyer.
6.3. The shipping methods, timing and costs are clearly stated and well highlighted at http://www.twinsup.com/terms-and-conditions.
7.1. All selling prices of products displayed and indicated on the website www.twinsup.com/shop are expressed in Euros and are offered to the public according to the art. 1336 cc
7.2. The selling prices, as referred to above, include VAT and any other taxes. The shipping costs and any costs (eg. Customs clearance), if any, while not included in the purchase price must be indicated and calculated in the purchase procedure prior the order by the buyer and also contained in the summary page of the order made.
7.3. The prices indicated in respect of each good offered to the public are valid until the date specified in the www.twinsup.com website.
8.1. Twinsup assures through the online system used, processing and execution of orders without delay. For this purpose, it indicates in real time, in its electronic catalog, the number of products available and those not available, and shipping times.
8.2. If an order exceeds the amount present in stock, Twinsup, by e-mail, will make known to the Buyerer if the product is already fully booked or what are the waiting time to get the goods chosen, wondering whether it confirms the order or less.
8.3. The computer system of the company Twinsup confirms as soon as possible the registration of the order by forwarding to the customer a confirmation by email, according to point 4.2.
Limitations of liability
9.1. Twinsup will not be responsible for disruptions caused by force majeure if unable to execute the order within the time stipulated in the contract.
9.2. Twinsup will not be responsible towards the Buyer, except in cases of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors.
9.3. Twinsup will not be responsible for any damages, losses and costs incurred by Buyer as a result of failure to execute the contract for reasons not attributable to him, as the Buyer shall only be entitled to full reimbursement of the price and any costs incurred.
9.4. Twinsup will not be responsible for any fraudulent and illegal use that may be made by third parties, credit cards, checks and other means of payment, for the payment of the purchased products, if he proves that he took all possible precautions based on the best science and experience of the moment and according to ordinary diligence.
9.5. The Buyer will not be responsible for any delay or disruption in the payment if he proves that he made the payment within the time and manner specified by Twinsup company.
defect liability, proof of damage and compensable damages: the obligations of the Supplier
10.1. Under Articles. 114 et seq. of the Consumer Code, the Twinsup company is liable for damage caused by defects of the goods sold if it fails to communicate to Damaged, within three months from the request, the identity and address of the manufacturer or of the person who supplied him with the good.
10.2. The above request, by the Damaged, must be in writing and must indicate the product that caused the damage, the place and date of purchase; It must also contain the offer in view of the product, if it still exists.
10.3. Twinsup can not be held responsible for the consequences resulting from a defective product if the defect is due to compliance of the product, to mandatory legal rule or to binding measure, or if the state of scientific and technical knowledge at the time in which the producer put the product into circulation, not even allowed to consider the defective product.
10.4. No compensation will be due if the Injured party was aware of the product defect and the danger that it followed and yet there has voluntarily exposed.
10.5. In any case the Damaged must prove the defect, damage, and the causal relationship between defect and damage.
10.6. The Damaged may demand compensation for damage caused by death or personal injury or destruction or loss of property other than the defective product, provided they are of a type ordinarily intended for private use or consumption, and so mainly used by Damaged.
10.7. Damage to property in art. 123 of the Code of consumption will, however, compensable only to the extent that includes the following amount limits, from 0 € to 387 €.
Warranties and Costumer Service
11.1. Twinsup is liable for any lack of conformity which becomes apparent within two years from delivery.
11.2. For the purposes of this contract it is assumed that the consumer goods comply with the contract if, where relevant, the following circumstances exist: a) are fit for the purposes for which goods of the same type are normally used; b) comply with the description given by the seller and possess the qualities of goods which the seller presented to the consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made about them by the seller, by the manufacturer or his agent or representative, particularly in advertising or labeling; d) they are also suitable for use particularly wanted by the consumer, and it was from these made known to the seller at the time of conclusion of the contract and which the seller has accepted, also concluding facts.
11.3. The Purchaser has no right if he doesn’t denounce to the Seller the lack of conformity within two months from the date when the defect was discovered. The complaint is not required if the seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months after delivery of the goods already existed on that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of compliance.
11.5. In case of lack of conformity, the Purchaser may ask, alternately and without charge, under the conditions specified below, the repair or replacement of the item purchased, a reduction of the purchase price or termination of this contract, unless the request is objectively impossible to satisfy or it is prohibitively expensive for Twinsup company pursuant to art. 130, paragraph 4, of the Consumer Code.
11.6. The request should be sent in writing, by registered mail with return receipt, to the Twinsup company, which will indicate their willingness to act on the request, or the reasons that prevent him from doing so, within 7 working days of receipt.
In the same communication, where Twinsup has accepted the Buyer request, it must indicate the method of delivery or return of the product as well as the deadline for the return or replacement of defective goods.
11.7. If repair and replacement are impossible or excessively expensive, or Twinsup company has failed to repair or replace the goods within the period referred to in the preceding paragraph or, finally, the replacement or repair previously made have caused significant inconvenience to ‘Buyer, these may request, at its option, an appropriate reduction of the price or termination of contract. Buyer shall in such case give its request to the Twinsup company, who will indicate their willingness to act on the same, or the reasons that prevent him from doing so, within 7 working days of receipt.
11.8. In the same communication, where Twinsup has accepted the Buyer request, it must indicate the reduction of the proposed price or the arrangements for return of the defective goods. In such cases the Buyer will indicate how the burden of crediting of amounts previously paid to Twinsup company.
12.1. Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.
12.2. Buyer agrees, once the online purchase procedure, to handle the press and the conservation of this contract.
12.3. The information contained in this contract have been, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before the purchase confirmation.
Right of withdrawal
13.1. The Purchaser has in every case the right to terminate the contract without penalty and without giving any reason, within 14 (fourteen) working days, counted from the date of receipt of the goods purchased.
13.2. In the event that the trader has not satisfied the information requirements of existence, mode and return times or withdrawal of the goods in case of exercising the right of withdrawal under Article. 52 of the Consumer Code, the deadline for exercising the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period shall run from the date of receipt of goods by the Consumer.
13.3. If the Buyer decides to exercise the right of withdrawal, it shall notify the Seller by registered mail with return receipt at the following address Via della Madonna 52 – 57123 Livorno (LI), Italy , or by e-mail email@example.com, provided such communications are confirmed by the sending of registered mail with return receipt at Via della Madonna 52 – 57123 Livorno (LI), Italy within 48 (forty eight) hours. It shall prevail between the parties on the stamp from the post office receipt issued. For the purpose of exercising the right of withdrawal sending the notice it may validly be replaced by the return of goods purchased, provided that the same terms. It shall prevail between the parties the date of delivery to the post office or shipping agent.
13.4. The return of the goods must take place no later than 30 (thirty) days of receipt of the goods. In any case, for there to be entitled to full reimbursement of the price paid, the goods must be returned intact and in any case, in the normal condition.
13.5. The Buyer may not exercise this right of withdrawal for the purchase of audiovisual products or sealed software that have been opened by the same, as well as goods made to specifications or clearly personalized or which by their nature, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, and goods whose price is dependent on fluctuations in the financial market that the professional is not able to control and in any other case provided by art. 55 of the Consumer Code.
13.6. The only costs payable by the consumer for exercising the right of withdrawal in accordance with this Article is the direct cost of returning the goods to the Twinsup company, except that the latter does not agree to pay it.
13.7. Twinsup will provide free of charge to a refund the entire amount paid by the Buyer within 30 (thirty) days of receipt of notice of withdrawal.
13.8. With the receipt of notice which the Buyer shall notify the exercise of the right of withdrawal, the Parties to this agreement will be dissolved by mutual obligations, except as provided in the preceding paragraphs of this Article.
Causes of dissolution
14.1. The bonds referred to paragraph 12.1, assumed by the Buyer, as well as security for completion of payment that Buyer using the means of point 5.1, and also the exact fulfillment of the obligations assumed by the Twinsup company in paragraph 6 , they are essential, so that, by express agreement, the failure of one of these obligations, if not determined by accident or force majeure, will result in the automatic termination of the contract pursuant to art. 1456 cc, without any judicial decision.
Protection of privacy and the processing of Buyer’s data
15.1. Twinsup protects the privacy of its customers and guarantees that data processing is in accordance with the provisions of the privacy legislation of Legislative Decree no. June 30, 2003, n. 196 .
15.2. Customers Personal data collected directly and / or through third parties by Twinsup company, data controller, is collected and processed in printed, computing, telematics, in relation to methods of treatment with the purpose of registering the order and activating him with the procedures for the execution of this contract and the necessary communications in addition to the fulfillment of any legal obligations, as well as to enable effective management of business relationships to the extent necessary to perform the best service required (art. 24, paragraph 1, lett. b, Legislative Decree no. 196/2003) .
15.3. Twinsup undertakes to treat as confidential data and informations submitted by the Buyer and not disclose to unauthorized persons, or to use them for purposes other than those for which it was collected or to transmit them to third parties. Such data can be produced only at the request of court or other authority authorized by law.
15.4. Personal data will be communicated after signing of a commitment to confidentiality of data, only to third parties who carry out activities necessary for the execution of the contract and disclosed only for that purpose.
15.5. The Buyer has the rights under Article. 7 of Legislative Decree no. 196/2003, and that is the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, anonymization or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification that the operations in letters a) and b) have been notified, also as regards their content, to those to whom the data were communicated or disclosed, except if this requirement It proves impossible or involves a manifestly disproportionate to the protected right. The party has the right to object, in whole or in part: i) for legitimate reasons the processing of personal data, pertinent for collection purposes; ii) the processing of personal data for purposes of sending advertising materials or direct selling or for carrying out market research or commercial communication.
15.6. The communication of personal data by the Buyer is a necessary condition for the proper and timely execution of this contract. Failing that, it can not be given with a request by the Buyer.
15.7. In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which it was collected and subsequently processed. Their removal will still safely.
15.8. Owner of the collection and processing of personal data is the Twinsup company, to which the Buyer may direct at the corporate headquarters, every request.
15.9. Any communications sent to the mailing address (including electronic) of the Centre (requests, suggestions, ideas, information, materials etc.) Will not be considered confidential information or data, must not violate the rights of others and must contain valid information, harming the rights of others and true, in any case it can not be attributed to the Centre any responsibility for the contents of messages.
storage mode of the contract
16.1. Under Article. 12 of Legislative Decree no. 70/2003, the Twinsup company informs the Buyer that every sent order is preserved in digital / paper form on a server / at the headquarters of the Supplier according to confidentiality and security policies.
Communications and complaints
17.1. Direct written communications to the company Twinsup and any complaints will be considered valid only if sent to the following address: Via della Madonna 52 – 57123 Livorno (LI), Italy or sent by e-mail to the following address firstname.lastname@example.org. The Buyer shall indicate in the registration form his residence or domicile, telephone number or email address to which he wishes to be sent notices of the Supplier.
18.1. All disputes arising from this contract will be referred to the Chamber of Commerce of Maremma and Tirreno, and resolved according to the Conciliation Rules adopted by it.
18.2. If either Party intends to appeal to the ordinary judicial authority, the jurisdiction is that of place of residence and domicile of the costumer, pursuant to Art. 33, paragraph 2, letter. u) of Legislative Decree no. 206/2005.
Applicable law and court
19.1. This contract is governed by Italian law.
19.2. Although not expressly provided, apply the rules of law applicable to the relationship and to the cases described in this agreement, and in particular Article. 5 of the Rome Convention of 1980.
19.3. Under Article. 60 of Legislative Decree no. 206/2005 is here expressly referred to the provisions contained in Part III, Title III, Chapter I of the Legislative Decree no. 206/2005.
This agreement repeals and replaces any agreement, understanding, negotiation, written or oral, previously intervened between the Parties concerning the subject of this contract.
 Requirements of the Privacy Guarantor – art. 154, 1 c) of Legislative Decree no. 196/2003 – Simplification of certain obligations in the public and private sectors than for administrative or accounting purposes of 19 June 2008, published in the Official Journal 1 July 2008, n. 152.
 General measure of guarantor for the protection of personal data quick guide to simplification measures for small and medium-sized enterprises of 24 May 2007, published in the Official Gazette of June 21, 2007, n. 142.