These conditions of use and sale are valid for the website www.mistertimbri.it, exclusively owned by the company PRESSPOWER S.R.L. (Fiscal Code 09425980019 - VAT number 09425980019), with registered office in Gassino Torinese (TO - 10090), Italy, at Strada San Tommaso n. 2, registered at the Company Register of Turin at No. 09425980019 with REA (Economic and Administrative Directory) TO1050917, hereinafter also referred to as “Mistertimbri”.
The website www.mistertimbri.it, hereinafter also referred to as the “Website”, is freely accessible to the public and anyone can browse through it without any obligation. Those who access the website, hereinafter referred to as “Users”, fully accept these conditions.
CONTENTS OF THE WEBSITE
Users are authorised to download, view or print contents of the Website for exclusively personal and non-commercial purposes, in a way that does not prejudice the industrial and intellectual property rights of Mistertimbri. The contents of the Website may in any case not be used for other purposes, including, by way of example and without limitation, their distribution, modification, reproduction, transmission or dissemination, without the prior written consent of Mistertimbri.
Users are not authorised to create links to the Website without the prior written consent of Mistertimbri.
Any name, trademark or logo different from those referable to Presspower SRL, is to be considered the property of the respective company, and is used only for the purpose of information or promotion of products sold on the Website.
Mistertimbri reserves the right to interrupt or suspend any service provided through the Website, at any time and without assuming any responsibility or commitment of any kind in relation to the above mentioned suspension or interruption of services provided through the Website.
Mistertimbri shall not be liable for the contents of any other website that may be made accessible through links or multimedia links on the Website, notwithstanding that such links are provided solely for allowing Users to access more complete information relating to the products and services provided by Mistertimbri.
Mistertimbri shall not be liable for any improper use of the Website made by the User nor for the use of the Website made by unauthorised persons who come into possession of the User’s authentication credentials.
Should the User fill in the forms for requesting contact and/or registering with the Website, the User undertakes to enter only true data relating to his/her person and not attributable to third parties who have not previously authorised the User to enter such data.
Following registration, the User undertakes to keep his/her access credentials without communicating them to any third party.
APPLICABLE LAW AND DISPUTE RESOLUTION
TERMS OF SALE
Natural or legal persons, hereinafter also only “Users”, who access the website www.mistertimbri.it, hereinafter also only “Website”, in order to make a purchase, fully accept these conditions of sale. If the User is a company, a legal person or a private individual acting in the context of his/her professional or business activity, hereinafter also referred to as “Professional”, there are limitations with respect to the case in which the User is a private individual acting for purposes unrelated to the exercise of the company or its professional activity, hereinafter also referred to as “Consumer”.
The distinction between Consumer and Professional will be made on the basis of registration as “Private” or “Company, Body or Professional” respectively; in any case, the inclusion of the VAT number during registration and/or purchase will result in the forfeiture of all guarantees and all rights granted exclusively to the Consumer.
The products on the Website are offered for sale in the form of an offer to the public, pursuant to Article 1336 of the Italian Civil Code.
The purchase is permitted to Users who have reached the age of majority for the law of residence, who are not in one of the conditions of incapacity to contract provided for by the law of the country of residence and who are in possession of a valid email address.
The prices indicated on the Website are inclusive of VAT.
Delivery costs are fixed at 5.50 euros; if the total taxable amount of the purchase is higher than 60.00 euros (excluding VAT), shipping is free of charge. In case of delivery with cash on delivery payment, the shipping cost is increased by euro 5.00 (VAT excluded).
In order to proceed with the purchase, after having added the products to the cart, the User must register on the Website, at the same time filling in the data for shipping and billing, indicating a delivery destination located within the territory of free movement of goods of the European Union (so-called Schengen area).
The purchase procedure is considered concluded with the payment of the order.
When the purchase procedure has been completed, the system will send the User an email confirming the order and, if payment is not made at the same time as the order, an email waiting for payment; once payment has been received, the system will send confirmation of receipt by email.
Mistertimbri reserves the right to cancel and/or not follow up orders that contain incomplete, missing or manifestly untrue data, reserving the right to contact the User for any checks.
Mistertimbri also reserves the right to verify the possible ownership of trademarks, seals and marks sent for personalisation, deciding at its own discretion not to follow up orders that could lead to the counterfeiting or use of trademarks, seals or marks reserved for public bodies or protected by copyright. In case of problems related to the order, Mistertimbri shall inform the User by phone or email; if the problem is related to the print file, Mistertimbri shall proceed to the revision of the graphics – with costs to be estimated for the individual case, after contacting the User – or to the cancellation of the order.
Mistertimbri reserves the right to cancel and/or not follow up orders made by Users who, due to their order history and/or the concrete characteristics of the order, do not provide adequate guarantees with regard to the fulfilment of contractual obligations and/or do not prove to be correct and diligent in fulfilling them.
The payment of the order can be made directly on the Website by credit card (on ComNpay or PayPal circuit) or by PayPal account, or by bank transfer in advance or cash on delivery.
Mistertimbri reserves the right to wait for the payment to be credited before proceeding with the shipment of the order.
Under no circumstances shall Mistertimbri receive or process data relating to the payment methods used to pay for the order on the Website: all data shall be directly processed and managed by PayPal (Europe) S.à r.l. et Cie, S.C.A. and the leading company PayPal, Inc., or by Afone Paiement and Groupe AFONE
SHIPPING AND DELIVERY
Once payment has been received, the order will be placed in preparation and the User will be notified by email.
All orders are processed by 5:00 p.m. on the business day of receipt of the order (or payment, if not contextual); if orders are received after 5:00 p.m. or on Saturdays, Sundays and public holidays, they will be processed on the first following business day. Except for exceptions due to checks, revisions, or information necessary to proceed, all orders are shipped within 24 working hours of receipt (or payment, if not contextual).
Carrier makes delivery within 48 working hours from shipment for deliveries in Italy, or within 6 working days for the rest of Europe; in any case, Mistertimbri declines all responsibility for delays between the time of shipment and actual delivery, as it does not have direct control over the logistics system.
Unless otherwise provided for, delivery shall be on the street level during working hours.
Pursuant to art. 63 of the Consumer Code, any damage to the packaging must be immediately notified by the User by affixing a written control reservation on the proof of delivery. It is understood that, once the delivery document has been signed without any complaint, the User will be precluded from any exception with regard to the external characteristics of what has been delivered.
In the event that the carrier has been chosen by the User outside of those proposed during the purchase, the risk of damage and loss of the purchased products is transferred to the User at the time of delivery to the carrier itself, precluding any complaint regarding the external characteristics of what has been delivered. In this case, any complaint must be made directly by the User to the carrier.
In the event that the order is not delivered for reasons dependent on the User (wrong address, recipient always absent, incorrect telephone number, etc.), or if the User refuses the delivery, the shipping costs will be deducted from the refund due to the customer.
RIGHT OF WITHDRAWAL
Private Users acting for purposes unrelated to the exercise of their business or professional activity have the right to withdraw from the contract, without giving reasons, within 14 days.
The withdrawal period expires after 14 days from the day on which the Consumer or a third party, other than the carrier and designated by the User, acquires physical possession of the goods or, in the case of several products, the last lot or piece.
In order to exercise the right of withdrawal, the Consumer shall inform Mistertimbri of his/her decision to withdraw from this contract by means of an explicit declaration (e.g. letter sent by post, fax or e-mail). For this purpose, he/she may use the standard withdrawal form available at the following link , but it is not mandatory; he/she may electronically fill in and send the standard withdrawal form or any other explicit declaration on the Website: if he/she chooses this option, Mistertimbri shall send the Consumer an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by e-mail) without hesitation.
The contact details of Mistertimbri are as follows:
Str. San Tommaso, 2
10090 Gassino Torinese (TO)
In order to comply with the withdrawal period, it is sufficient for the Consumer to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
By withdrawing from this contract, the Consumer shall be refunded all payments made to Mistertimbri, including delivery costs (with the exception of additional costs resulting from the User’s choice of a delivery type other than the least expensive standard delivery type offered by Mistertimbri), without undue delay and in any case no later than 14 days from the day on which Mistertimbri was informed of the decision to withdraw from this contract.
Such refunds shall be made using the same means of payment used by the User for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, the Consumer shall not incur any cost as a consequence of such refund.
The refund may be withheld until receipt of the goods or until the Consumer proves that the goods have been returned, whichever occurs first.
The Consumer is requested to return the goods or to deliver them to Mistertimbri, without undue delay and in any case within 14 days from the day on which he has communicated his withdrawal from this contract. The deadline shall be respected if the Consumer returns the goods before the expiry of the 14-day period.
The direct costs of returning the goods shall be charged to the Consumer; these costs are estimated to be a maximum of approximately 7.00 euros for Italy and a maximum of approximately 18.00 euros for the rest of Europe.
The Consumer is responsible only for the decrease in the value of the goods resulting from a manipulation of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal is excluded in case of purchase of goods made to measure or clearly personalised: in this case, Mistertimbri reserves the right to grant the withdrawal only for the reusable support (so-called stamp machine) and not for the personalised rubber, since this one is produced and personalised according to the specific needs of the customer.
Pursuant to Legislative Decree 206/2005 (Consumer Code), as amended by Legislative Decree 21/2014, all products on sale on the Website are covered by the legal guarantee of conformity.
The legal guarantee of conformity operates for 24 months from the date of purchase if the User is a Consumer, or for 12 months from the date of purchase if the User is a Professional.
According to the legal guarantee of conformity, Mistertimbri shall be liable to the User for conformity defects not found at the time of purchase.
The conformity defect exists when the product is not suitable for the use for which it is to be used, does not conform to the description or does not possess the qualities promised by Mistertimbri, does not offer the usual qualities and performance of a good of the same type, is not suitable for the particular use desired by the User – if expressly brought to the attention of Mistertimbri at the time of purchase and explicitly accepted by the company itself.
Any lack of conformity that becomes apparent within the warranty period starting from the date of purchase of the goods must be reported within 2 months from the date of discovery.
Unless proved otherwise, it is presumed that defects of conformity that become apparent within 6 months from the date of delivery of the goods already existed on that date. In case of lack of conformity, the User has the right to restore, without charge, the conformity of the goods by repair or replacement.
The User may ask Mistertimbri, at its choice, to repair the goods or to replace them, without charge in both cases, unless the remedy requested is objectively impossible or excessively expensive compared to the other. Repairs or replacements shall be carried out within a reasonable period from the User’s request; if Mistertimbri is unable to return the repaired product within the maximum period of 90 days, the User may request one of the alternative remedies (replacement, termination of the contract, price reduction).
In the case of mechanical and non-mechanical parts, subject to wear depending on use, the warranty is limited to the normal use foreseen for that particular piece or device.
The European Commission has developed an online platform that provides an alternative dispute resolution tool: this tool can be used by the European Consumer to resolve in a non-judicial manner any dispute relating to contracts for the sale of goods and services stipulated online and/or deriving from them.
Consequently, if the User is a Consumer established in Europe, he/she may use this platform to resolve any dispute arising from the online contract stipulated on this Website.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr
Should the Jurisdictional Authority with jurisdiction for civil disputes be necessary, in the event that the User is a Consumer, i.e. a private individual acting for purposes unrelated to the exercise of his/her business or professional activity, the mandatory territorial jurisdiction is the judge of the place of residence or domicile of the Consumer himself, if located in the territory of the Italian State; in all other cases, the User acknowledges the exclusive jurisdiction of the Court of Turin.
These conditions of sale comply with the provisions of Legislative Decree 206/2005 (Consumer Code) and Legislative Decree 70/2003 in their versions in force at the date of publication.
In cases of issues or disputes arising or resulting from the interpretation or execution of these conditions, the clauses will be interpreted in the light of the Italian and European legislation in force, with the possible disapplication of only the clauses in conflict with the law and consequent safeguarding of the validity of the contract.
For all matters not governed by these conditions, please refer to the provisions of the Italian Civil Code and the laws of the Italian Republic and the European Union, to the extent applicable.
Register office: Str. San Tommaso, 2
10090 Gassino Torinese (TO)
Mistertimbri reserves the right to modify these conditions of use of the Website and the conditions of sale without prior notice, by publishing the new version on the same page.
In any case, for the purposes of the contract, the conditions existing at the time of conclusion of the contract shall be valid.
This version was published on 01/05/2020