Tooscans
Tooscans
General conditions
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)

1. Introduction and effectiveness of the General Conditions
The present general conditions of sale (hereinafter, “General Conditions”) have as object the discipline concerning the purchase of products and services, carried out remotely and made available, via Internet, from the website www.tooscans.com (hereinafter, “the Site”) in compliance with the Italian law pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, "Consumer Code").
The seller of the products and owner of the Site is: Omnia Consult s.r.l. with headquarters in “Viale Bicchierai, 129 Montecatini Terme (PT) VAT number 01783960477.
The consumer who accesses the Site to make purchases (hereinafter, “The Customer”), before the submission of the order, is required to carefully read these General Conditions which have been made available to him on the Site and which will be available at any time by the Customer also through the link included in the confirmation e-mail of each order to allow him the reproduction and the memorization.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or anyway he is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the discipline of withdrawal pursuant to art. 7 and 8 of these General Conditions will not find application nor, more generally, the provisions that pursuant to the same Consumer Code are applied only to "consumers".
The contracts concluded with Omnia Consult s.r.l through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is the Italian.

2. Choose and order the Products
The characteristics and the price of the various products on sale on the Site (hereinafter "Product" or "Products") are shown in the page relative to each Product.
To purchase the Products, the Customer must complete and submit the order form in electronic format, following the instructions expressed by the Site. The Customer must add the Product to the "Shopping Cart" and, after having read the General Conditions and the Policy of Privacy and confirmed their acceptance, will have to enter the data concerning the shipping and possible invoice, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares to have read all the indications provided during the purchase procedure and to accept in full the present General Conditions and payment transcribed.
The contract entered into between Omnia Consult srl and the Customer shall be considered concluded with the acceptance of the order by Omnia Consult srl. This acceptance is communicated to the Customer via an order confirmation email containing a reference to these General Conditions, the order number, the shipping and billing information, the list of the Products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and if he identifies errors in the order he will have 12 hours from the receipt of such email to contact Customer Service directly from the Site using the appropriate contact form accessible through the "Assistance " tab. After this deadline the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in article 7 below.
Once the order is received, Omnia Consult srl will check the availability of the stocks for the fulfilment of the order. In the event that one or more Products are not available, the Customer Service of Omnia Consult srl will promptly send an e-mail notification to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any other available Products or cancel it. In case of no reply within this period, the order will be considered confirmed and the available Products will be shipped. If only a few Products are not in stock, Omnia Consult srl will process the order with the available Products. In both cases, the amount relating to the missing Products will be immediately reversed depending on the chosen payment method.

2. bis Horeca section

A Horeca section is active on the website and it is devoted exclusively to clients with VAT number and with the possibility to complete the purchase orders if their amount is not below 300.00 (3 hundreds/00 euros) after tax.

In this section, starting from January 2020, the products with larger formats will be entered and they will be visible only for those clients that will be registered with VAT number and that, supposedly but not necessarily, operate in the HoReCa field. Moreover, the qualified entities will be able to purchase the products included in the ordinary list on more favourable terms.
The Ho.Re.Ca. products are marked with the appropriate symbol 

The transport prices will depend on the amount of products and their consequent weight, with the identification of four price categories as illustrated below:
 
International shipments
 
From Kg To Kg Euro
0.00 5.49 14.90
5.50 20.99 26.90
21.00 31.50 29.90


National shipments
 
From Kg To Kg Euro
0.00 5.00 7.90
5.01 20.00 12.90
20.01 50.00 17.90
 

For shipments to Switzerland, Russia and whose total weight is higher than that illustrated in the previous tables, Omnia Consult s.r.l. will proceed when the interested party will complet the first phase of the order until the specific request for the "cost of shipment". Subsequently and as soon as possible Omnia Consult s.r.l. will send the required information and only in case of acceptance by the customer the actual order will be closed.
The products ordered will be delivered with the courier chosen by Omnia Consult s.r.l. within 7 (seven) working days starting on the day following the one on which Omnia Consult s.r.l. confirms the order to the client through the appropriate confirmation e-mail.

As reminder, it is stressed that the orders related to the HoReCa section, with the purchase option of ordinary products on more favourable terms, will be processed only if their amount is not below 300.00 (3 hundreds/00 euros) after tax.

3. Product Information
The information and the characteristics relating to the Products are available, with the related Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be fully representative of its features and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.

4. Prices and shipments (for Horeca section see previous article 2 bis)
Product prices include all taxes and duties. All prices are in Euro.
Shipping in Italy: euro 6.90
For Calabria, Sicily and Sardinia: euro 10.90

Shipments abroad (only for the countries listed): euro 12.90
For Switzerland: euro 24.90
For Russia: euro 39.90

Free delivery in Italy for at least € 100.00


5. Payment and invoicing methods
5.1 Payment methods
The Customer can pay the price of the Products and the relative delivery costs by credit card, PayPal, wire/bank transfer.
Credit card
The circuits on which it is possible to buy on the Site are:
Visa / Visa Electron
MasterCard
American Express
Diners Club International
To ensure maximum security, the Customer will make the payment transaction directly on the bank's secure server.
The Site does not memorize the Customer's credit card number, but thanks to the protected communication system of the reference credit institution, from the second expense, the Customer who wishes - by selecting the appropriate option - can proceed with the purchase without re-entering your data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser.
PayPal
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or by using a card, also prepaid, or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.
Wire transfer
The Customer must make the transfer within 3 days from the order date for orders related to Products that will be sent only after the verification of the actual payment. If the payment does not occur within 3 days, the order will be canceled, and the goods made available again for purchase by other customers. The Customer who has not made the transfer can be contacted by the Customer Service in order to clarify if the cause of the missed credit is due to the Customer's wish not to confirm the purchase or to other causes.
Bank transfer details: c / c:.
Headed to: Omnia Consult s.r.l.
IBAN: IT 67 I 02008 70461 000105290703
BIC / SWIFT: UNCRITM1547
Bank: Unicredit - Montecatini Terme Agency (PT)
Purpose: the Customer must indicate the date and the order number in the purpose of the transfer, which can be found in the confirmation email (e.g. "Order 01/01/14 n. 100012345").
5.2 Order billing
If the purchase is made by a professional / company, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order procedure and entering the billing information including tax code and / or VAT number. In this case the invoice will be sent via email to the address indicated. The professional / company is responsible for the correct insertion of billing information and is expressly informed that, in case of failure to request the invoice in the order, you cannot request it later.
 

6. Transport and delivery

The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the "Shipping Information" field.
All purchases will be delivered by express courier (hereinafter, "Courier") from Monday to Friday, excluding holidays and national holidays. Omnia Consult srl is not responsible for unforeseeable delays or not attributable to it.
Once the Products have been shipped, the Customer will receive a confirmation email containing a link to refer to for tracking the shipment.
Delivery services active in Italy:
BRT express (on rubber) within 48h from completion of the order except for Calabria, Sardinia and Sicily, for which delivery will take place within 72h.
The service includes 2 delivery attempts at the address indicated when ordering. A warning will be left after each step. On the second failed delivery attempt, the Courier will contact the recipient of the order by telephone at the indicated telephone number to arrange delivery. If it is not traceable or absent, the goods will return to the warehouse.
Delivery services active abroad:
DHL express (by air) - BRT express (on rubber)
Omnia Consult srl reserves the unquestionable right to decide which carrier to entrust with the delivery in accordance with the indicated times.
Countries where the service is active:

Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Russian Federation **, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Holland, Poland, Portugal, Principality of Monaco, United Kingdom, Republic Czech, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland *, Hungary.


differentiated rates

(**) differentiated rates and compatibly with the restrictions envisaged by the embargo in force by the Russian Federation with regard to food products coming from European Union countries - service only for companies and destination ZIP codes allowed by the DHL system

In any case, except in cases of force majeure or unforeseeable circumstances, the Products ordered will be delivered within a period of 7 (seven) working days starting from the day following that on which Omnia Consult srl has confirmed the order to the Customer via the specific order confirmation e-mail.



7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the obligation to provide explanations and without any penalty, except in the cases of exclusion provided for in the following point IV. To exercise this right, the Customer must send to Omnia Consult srl a communication within 14 days from the date of receipt of the Products using the form that can be downloaded here or, if you intend to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time before their receipt.
This communication must be sent by registered letter with return receipt addressed to:
Customer Service of Omnia Consult srl once received the communication, will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will materialize by Courier indicated by Omnia Consult srl itself.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal Omnia Consult srl will reimburse the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, without prejudice to the right of Omnia Consult srl to suspend the payment of the reimbursement until the actual receipt of the goods. The reimburse will be made using the same payment method used by the Customer, unless the latter has expressly requested a different modality. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the reimburse (account holder, name and address of the Bank and IBAN).
III. Also in order to be able to guarantee the return free of charge pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (client not consumer and / or requiring an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
- order of made-to-measure or clearly personalized products;
- order for Products that are likely to deteriorate or expire rapidly;
- order for sealed products that do not lend themselves to being returned for hygienic reasons or connected to health protection or that have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "are likely to deteriorate or expire rapidly" include both Food products (included wines, strong drink and beverages) and cosmetics, as the characteristics and qualities of these types of Products are subject to alteration even as a result of inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable for the Products purchased on the Site that can be returned to Omnia Consult srl and put back on the market without endangering the health of consumers (such as books, gadgets, kitchen utensils, etc.).
In the event of exclusion of the right of withdrawal, Omnia Consult srl will return the purchased Products to the Customer, charging the shipping costs to the Customer.

8. Free Return in case of exercise of the right of withdrawal
As the most favorable condition for the Customer, Omnia Consult srl retains at your own expense the shipping costs for the return of the Products in full if the right of withdrawal is exercised.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in the previous article 7 and wait to be contacted by Omnia Consult srl to arrange the return of the Products to the Courier.
 
9. Warranty and lack of conformity
In case of conformity defects of Products sold by Omnia Consult srl the Customer must immediately contact the Customer Service using the appropriate contact form accessible on the Website through the "Customer Assistance" tab.
The sale of the Products is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code. The customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the product by repair or replacement, or to an adequate price reduction or termination of the contract. The Customer loses these rights if he does not report to Omnia Consult srl the lack of conformity within two months from the date on which the defect was discovered, unless it is a Product that by its nature is perishable or subject to expiry in a shorter term, in which case the defect must be reported within this reduced term.

10. Errors and limitations of liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors of which therefore Omnia Consult srl cannot be held responsible, except in cases of willful misconduct or gross negligence.
Omnia Consult srl reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update the information at any time without prior notice, without prejudice to the Customer's rights pursuant to these General Conditions and of the Consumer Code.
Except in the case of willful misconduct or gross negligence, any right of the Customer to compensation for damages or to the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the failed acceptance or evasion, even partial, of an order.
Omnia Consult srl promotes the responsible consumption of alcohol and excludes any liability at its own expense, except for willful misconduct or gross negligence, in the case of purchases made by minors under 16 years. By purchasing any alcoholic product, you declare to be of legal age as per art. 7 of DL 158/2012. 
No responsibility by Omnia Consult srl is assumed for purchases made by minors under the age of 18 who have declared a different age.

11. Complaints
Any complaint must be sent to Omnia Consult srl using the appropriate contact form accessible directly on the Site through the "Customer Assistance" tab, or by registered letter to the following address:
Viale A. Bicchierai, 129 51016 Montecatini Terme (PT)

12. Online resolution of consumer disputes (ADR and ODR)
ADR
According to Article 49 paragraph 1 letter V of Legislative Decree 6 September 2005 n. 206 (Consumer Code) the customer can use the Joint Conciliation procedure. The Procedure can be initiated if the consumer, after having lodged a complaint to the company, within 45 days, has not received a reply or has received a reply not deemed satisfactory by him.
The customer who decides to take advantage of the Joint Conciliation procedure is obliged to send the request to the following address: conciliazione@consorzionetcomm.it or fax number 02/87181126.
For further information see
 https://www.consorzionetcomm.it/Spazio_Consumatori/Conciliazione-Paritetica/Conciliazione-Paritetica.kl
 
ODR
Pursuant to art. 14 of Regulation 524/2013 informs the user that in the event of a dispute, they can lodge a complaint via the European Union's ODR platform which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users who wish to settle disputes arising from sales contracts or online services in the extra-judicial area.

13. Applicable law and competent court
The sales contract between the Customer and Omnia Consult srl is intended as concluded in Italy and regulated by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders, if the Customer is a consumer within the meaning of the Consumer Code, the court of his municipality of residence or domicile will be competent exclusively, if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Turin, any other competent forum excluded.
***
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 10 (power to correct errors - exclusions of liability).
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