Terms and Conditions

This document contains the general terms and conditions of use of the website www.tomaliart.it which offers handcrafted ceramic works made and provided by the owner of the application.

1 Definitions

    1. To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, will have the following meaning:
      • Holder: Alice Tomelleri, Via Vittorio Saetta 7 35132 Padova, Partita IVA 05459820287, indirizzo PEC tomelleri.alice@pec.it
      • Application: www.tomaliart.it site
      • Products: material products, sold by the Owner
      • User: any person who accesses and uses the application
      • Consumer User: the natural person of age who concludes a contract for purposes unrelated to his own entrepreneurial, commercial, craft or professional activity possibly carried out
      • Conditions: this contract which governs the relationship between the Owner and the Users and the sale of the Products offered by the Owner.

2 Scope of the Conditions

    1. The use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and / or any other notes, legal notice, information published or referred to therein, he will not be able to use the Application or the related services
    2. The Conditions can be changed at any time.
    3. The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product
    4. Before using the Application, the User is required to carefully read the Conditions and to save or print them for future reference
    5. The Owner reserves the right to change at its discretion, at any time even after the User registration, the graphic interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, where necessary.

3 Purchase through the Application

    1. All the Products offered through the Application are described in detail in the relevant product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). There may be some errors, inaccuracies or small differences, in particular on the representation of colors on the screen, between what is published on the Application and the actual Product. Furthermore, the images of the Products are only representative and do not constitute a contractual element.
    2. Purchases of one or more Products through the Application are allowed to Consumer Users.
    3. Purchases are allowed for natural persons only on condition that they are of age. For minors, any purchase and / or request for the supply of Products through the Application must be screened and authorized by parents or parental responsibility operators.
    4. The offer of the Products through the application constitutes an invitation to offer and the order sent by the User will be valid as a contractual purchase proposal, subject to confirmation and / or acceptance by the Owner as described below. Therefore, the Owner will have, in his own opinion, the right to accept or meo the User's order without the latter being able to object or complain about anything for any reason and / or title.
    5. The contract for the sale of the Products is concluded with the acceptance by the Owner of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the e-mail address indicated by the User, which will contain the date of the order, the User's data, characteristics and availability. of the Product, the price or the method of calculating the price, any additional charges and accessory taxes, the delivery address, the delivery times and any costs, the methods for exercising the right of withdrawal or its possible exclusion and guarantee.
    6. The contract for the sale of the Products is not considered effective between the parties in default of what is indicated in the previous point.
    7. In the event that the Product is not available, the Owner will notify the User of the new delivery or supply terms, asking whether he intends to confirm the order or not. It remains understood that the contract will be considered finalized in relation to the Products accepted by the Owner
    8. The User undertakes to verify the correctness of the data contained in the order confirmation and to immediately notify the Seller of any discrepancies.

4. Users

    1. In completing the registration procedures, the User undertakes to follow the directions in the Application and to provide their personal data correctly and truthfully
    2. The confirmation will in any case exempt the Owner from any responsibility for the data provided by the User. The User undertakes to promptly inform the Owner of any changes to their data at any time communicated
    3. If the User then communicates inaccurate or incomplete data or even in the event that there is a dispute by the interested parties about the payments made, the Data Controller will have the right not to activate or suspend the service until the related deficiencies are rectified
    4. On the occasion of the first request for activation of a profile by the User, the Owner will assign the same username and password. The latter recognizes that these identifiers constitute the system for validating the User's access to the Application and the only system suitable for identifying the User that the acts performed through such access will be attributed to him and will have binding effect on him
    5. The User undertakes to maintain the secrecy of his access data and to keep them with due care and diligence and not to transfer them, even temporarily, to third parties.

5. Availability of Products

    1. The availability of the Products refers to the actual availability at the time the User places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence on the Application of multiple Users, the Products could be sold to other Consumer Users before order confirmation
    2. Even after sending the order confirmation e-mail, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically rectified with the elimination of the unavailable product and the Consumer User will be immediately informed by e-mail.
    3. If the user requests the cancellation of the order, by terminating the contract, the Owner will refund the amount paid within 15 days from the moment in which the Owner became aware of the buyer's decision to terminate the contract. In any case, the cancellation must take place only before the shipment.

6. Products offered

    1. www.tomaliart.it markets handcrafted ceramic works of art produced exclusively by the owner
    2. the offer is detailed on our website at the link https://www.tomaliart.it/shop

7. Methods of payment and prices

    1. The price of the products will be that indicated from time to time on the site, except where there is an obvious error.
    2. In the event of an error, www.tomaliart.it will notify the buyer as soon as possible, allowing the order confirmation at the right amount or cancellation. In any case, there will be no obligation for www.tomaliart.it to supply what is sold at the lower price incorrectly indicated.
    3. The prices of the site are inclusive of VAT and include, in the case of shipments in Italy, the shipping costs. Prices are subject to change at any time. The changes do not affect orders for which an order confirmation has already been sent.
    4. Once the desired products have been selected, they will be added to the cart. It will be sufficient to follow the purchase instructions, entering or verifying the information requested in each step of the process. Order details can be changed before payment.
    5. Payment can be made via:
      • PayPal
      • Bank transfer

8. Shipping

    1. www.tomaliart.it carries out shipments throughout the Italian territory and in the European community. Shipping to other countries must be specifically requested before proceeding with the purchase.
    2. www.tomaliart.it will only make deliveries to the home of the Consumer User, provided at the time of purchase.
    3. The shipment is generally made within three working days from the order.

9. Right of withdrawal

    1. The consumer User has the right to withdraw without any penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written communication to the email address tomelleri.alice@libero.it using the optional withdrawal form referred to in the following article or any other written declaration.
    2. In the case of separate delivery of multiple Products, ordered by the Consumer User with a single order, the 14-day deadline for exercising the withdrawal starts from the day the last product was received.
    3. In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract.
    4. The costs incurred for the return of the Product are borne by the User.
    5. The goods must be returned to: Tomelleri Alice via Vittorio Saetta 7 35132 Padova
    6. The goods must be returned intact, in the original packaging, complete with all parts, the authenticity certificate and complete with the attached tax documentation. In case of withdrawal exercised correctly, the Holder will reimburse the payments received by the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day in which the User has communicated that he / she wishes to withdraw from the contract.
    7. The owner is not required to reimburse the delivery costs, if the User has expressly chosen a type of delivery other than the least expensive type of delivery offered by the Owner
    8. As required by Article 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, the Owner may withhold the refund until he has received the Product.
    9. The Owner will not accept the return in the event that the Product is damaged, altered or presents the absence of integrated elements of the product. In such cases, the Owner will return the purchased Product to the sender, charging the shipping costs to the sender.
    10. The right of withdrawal is excluded for products made to measure or clearly personalized. 

10. Optional form to exercise the right of withdrawal

The user can withdraw using the following form which must be completed in its entirety and sent to the email address tomelleri.alice@tomaliart.it before the expiry of the withdrawal period:

I hereby communicate the withdrawal from the sales or supply contract relating to the following product______ Order number: ______ Ordered on: ________ Name and Surname: ________ Address: _______ E-mail associated with the account from which the order was placed _____ Date: _______

11. Link to third party sites

    1. The Application may contain links to third party sites / applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites / applications.
    2. Some of these links may refer to third party sites / applications that provide services, such as payments, through the Application. In cases, the general conditions for the use of the site / application and for the use of the service prepared by third parties will apply to individual services, for which the Owner assumes no responsibility.

12. Data processing

    1. The User's data are processed in accordance with the provisions of the legislation on the protection of personal data, as specified in the specific section containing the information pursuant to Article 13 of EU Regulation 2016/679 (Privacy Policy) which may be consulted at the page https://www.tomaliart.it/privacy-policy/

12. Safeguard clause

    1. In the event that one of the clauses of these General Conditions of Sale is null for any reason, this will not compromise in any chaos the validity and compliance with the other provisions contained in these General Conditions of Sale.

13. Contacts

    1. Any request for information can be sent by email to the following address info@tomaliart.it, by telephone to the telephone number: +393398060947 and by post to the address: Tomelleri Alice Via Vittorio Saetta 7 35132 Padova Italy.

14. Applicable law and competent court.

    1. These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the Consumer User. 
    2. Any dispute relating to the application, execution and interpretation of these Conditions will be devolved to the court of the place in which the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right for the Consumer User to sue a judge other than that of the "consumer court" pursuant to Article 66 bis of the Consumer Code, competent for the territory according to one of the criteria referred to in Articles 18, 19 and 20 of the Civil Procedure Code. 

These conditions were drawn up on 12/04/2022