ONLINE GENERAL CONDITIONS OF SALE
These terms and conditions shall apply exclusively between Tompoma SRL, registered office in Via Baiettini 19, 28921 Verbania, VAT ID number 02532640030, business register number VB-205519, hereafter referred to as TOMPOMA, and any person that purchases online on www.tompoma.com, hereafter referred to as CUSTOMER. These terms and conditions may be updated and their publication date is equivalent to the date of entry into force.
These terms and conditions regulate purchases made on www.tompoma.com by the provisions of the Consumer Code (Codice del consumo), part III, title III, chapter I, legislative decree 206/2005, as amended by legislative decrees 21/2014 and 70/2003 on electronic commerce.
ARTICLE 1 – contract object
With these general conditions of sale, TOMPOMA sells and the CUSTOMER purchases remote tangible movable items indicated and offered for sale on the website www.tompoma.com. The contract is concluded exclusively via the Internet, through the CUSTOMER accessing the address www.tompoma.com and placing a purchase order according to the procedure provided by the site itself.
The CUSTOMER undertakes to read, before confirming their order, these general conditions of sale, in particular the pre-contractual information provided by TOMPOMA and to accept them by ticking the box indicated.
In the e-mail confirming the order, the CUSTOMER will also receive the link to download and file a copy of these general terms and conditions of sale, as provided in Article 51, paragraph 1 of legislative decree 206/2005, as amended by legislative decree 21/2014.
ARTICLE 2 – pre-contractual information for the consumer – article 49 of legislative decree 206/2005
Before the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the items that are illustrated in the individual product sheets at the time of the CUSTOMER’S choice.
Before the validation of the order with “obligation to pay”, the CUSTOMER is informed about:
– the total price of the items including taxes and the details of shipping costs and any other costs;
– the method of payment;
– conditions, terms and procedures to exercise the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form in annexe I, part B of legislative decree 21/2014;
– information that the CUSTOMER will have to bear the cost of returning the items in case of withdrawal;
The CUSTOMER may at any time, and in any case before the conclusion of the contract, take note of the information relating to TOMPOMA, the geographical address, telephone number, e-mail address, information which is also given below:
Via Baiettini 19, 28921 Verbania (VB)
tel. +39 0323 010128
ARTICLE 3 – conclusion and effectiveness of the contract
For purchases via PayPal or Paypal Gate Way, the sales contract is considered effective and concluded when TOMPOMA sends the CUSTOMER an email confirming receipt of the order. The e-mail contains the CUSTOMER’S data and the order number, the price of the items purchased, the shipping costs and the delivery address to which the items will be sent, as well as the link to print and file a copy of these conditions.
For purchases by bank transfer, the contract of sale is considered effective when TOMPOMA sends the CUSTOMER an e-mail confirming receipt of the order and is valid for 5 days. The e-mail contains the CUSTOMER’S data and order number, the price of the items purchased, the shipping costs and the delivery address to which the items will be sent, as well as the link to print and file a copy of these conditions. For purchases paid by bank transfer, the sales contract is considered concluded once the payment has been made.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the above email and to inform TOMPOMA within the same day of any corrections/changes to be made.
TOMPOMA undertakes to describe and present the items sold on the website in the best possible way. However, there may be some errors, inaccuracies or small differences between the product shown on the website and the real product. Furthermore, the products’ photographs presented on www.tompoma.com do not constitute a contractual element, as they are to be considered representative only.
TOMPOMA undertakes to deliver the items within 30 days starting from the time TOMPOMA sends the order confirmation e-mail to the CUSTOMER for payments via PayPal or Paypal Gate Way. TOMPOMA undertakes to deliver the items within 30 days from receipt of payment for payments by Bank Transfer.
ARTICLE 4 – availability of products
Product availability refers to the actual availability at the time the CUSTOMER places the order. This availability must be in any case considered purely indicative as:
– the products could be sold to other CUSTOMERS before the order confirmation due to the simultaneous presence of several users on the site,
– there could be a computer anomaly that makes a product available for purchase when in fact it is not.
Even after the order confirmation email has been sent by TOMPOMA, partial or total unavailability of items may occur. In this case, the order will be automatically rectified by eliminating the product or products that are not available and the CUSTOMER will be immediately informed by e-mail. This e-mail will also inform the CUSTOMER of the method and timing for refunding any sums paid.
ARTICLE 5 – payment methods
Any payment done by the CUSTOMER can only be made by the credit cards indicated on the www.tompoma.com website via the PayPal Gate Way, by bank transfer or via the Paypal payment method.
In case of payment via Paypal and PayPal Gate Way, the actual charge will be made when TOMPOMA sends the order confirmation e-mail.
Communications relating to the payment and the data communicated by the CUSTOMER at the moment the payment is made, take place on special PayPal and PayPal Gate Way protected lines. Under no circumstances will TOMPOMA come into contact with the CUSTOMER’s payment details.
ARTICLE 6 – prices
All sales prices of the products shown on the www.tompoma.com website are in euros and are understood to be excluding VAT at a reduced rate of 4%.
Shipping costs are not included in the purchase price but are indicated and calculated after the purchase process before the payment is made.
The CUSTOMER accepts TOMPOMA’s right to change its prices at any time however the items purchased will be invoiced based on the prices indicated in the shopping cart when the order is created and indicated in the confirmation email sent by TOMPOMA to the CUSTOMER.
In the event of a computer, manual, technical or any other error that may lead to a substantial change – not foreseen by TOMPOMA – in the sale price to the public, making it exorbitant or derisory, the purchase order will be considered invalid and cancelled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
ARTICLE 7 – right of withdrawal
By the regulations in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason within 14 days from the date of receipt of the products.
The CUSTOMER who intends to exercise the right of withdrawal must communicate this to TOMPOMA by sending any explicit declaration containing the decision to withdraw from the contract or send to TOMPOMA (data below) the withdrawal form as per annexe I, part B , legislative decree 21/2014 (not mandatory), as the text shown below:
withdrawal form in accordance with article 49, paragraph 1, letter h)
(fill in and return this form only if you wish to withdraw from the contract)
Via Baiettini 19, 28921 Verbania (VB)
tel. +39 0323 010128
I/We (*) hereby notify (*) the withdrawal from my/our (*) contract of sale of the following items/services (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
-Address of consumer(s)
– Signature of the consumer(s) (only if this form is sent on paper)
– Date of submission
(*) Delete as appropriate.
In case of exercising the right of withdrawal, the CUSTOMER shall return the items within 14 days from the day on which they have informed TOMPOMA of their wish to withdraw from the contract by article 57 of legislative decree 206/2005.
The items shall be returned to TOMPOMA SRL at its head office in Via Cantova 30, 28921 Verbania (VB).
The items must be returned intact, in the original packaging, complete in all their parts (including packaging and any documentation and accessory equipment: manuals, cables, etc..) and complete with the attached tax documentation. After verifying compliance with the above, TOMPOMA will refund the amount of the products subject to withdrawal within a maximum period of 14 days from receipt of the returned items.
The customer may return the product purchased online to the TOMPOMA head office in Via Cantova 30, 28921 Verbania (VB). In this case, it is not necessary to create an online return file and all costs relating to the return shall be borne by the customer (e.g. petrol, product dismantling, etc.).
As provided by article 56, paragraph 3 of legislative decree 206/2005 amended by legislative decree 21/2014, TOMPOMA may suspend the refund until the receipt of the items.
TOMPOMA will make the refund via Paypal if that was used as a method of payment or by bank transfer. If the CUSTOMER intends to exercise their right of withdrawal, they will have to provide TOMPOMA with the bank details sending an e-mail to email@example.com: IBAN, SWIFT and BIC necessary for TOMPOMA to carry out the refund.
ARTICLE 8 – legal guarantee of conformity
In the event of receipt of defective products or products that do not conform to the orders placed, the CUSTOMER is entitled to have the product’s conformity restored free of charge by repairing or replacing the product. The CUSTOMER may exercise this right if the defect becomes apparent within one year of the items delivery and reports the defect to TOMPOMA within 14 days of its discovery.
To exercise the mentioned right, the customer shall proceed to contact TOMPOMA SRL by email or telephone.
TOMPOMA, in case of defective or non-compliant product, will arrange at its own expense to collect the product depending on the availability of the CUSTOMER.
ARTICLE 9 – commercial guarantee
All products presented on the www.tompoma.com website benefit from the legal guarantee of conformity referred to in the preceding article.
All models of Tompoma crutches are covered by a 12-month warranty. This guarantee covers damage only in the event of proper use of the aid, as per the instructions. The warranty expressly excludes normal wear and tear and accessories in their entirety (rubber/ferrules, handgrips, coatings and fillings).
ARTICLE 10 – delivery methods
The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of order, within and no later than 30 days from the dispatch date of by TOMPOMA of the order confirmation e-mail for payments via PayPal or PayPal Gate Way; for payments by bank transfer from the receipt of payment.
For each order placed on the www.tompoma.com website, TOMPOMA issues an invoice for the items shipped. The invoice shall contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated on the invoice.
ARTICLE 11 – liability
TOMPOMA accepts no responsibility for inefficiencies due to force majeure or unforeseeable circumstances, even if they are due to malfunctions and inefficiencies of the internet network, in the event that it is unable to execute the order within the timeframe stipulated in the contract.
ARTICLE 12 – site navigation
The CUSTOMER has the right to access the site for consultation and to make purchases. No other use, particularly commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual and the technology used on it remain the property of TOMPOMA and are protected by intellectual property rights.
ARTICLE 13 – cookies
The www.tompoma.com website uses “cookies”. Cookies record information relating to the CUSTOMER’s navigation on the site (pages consulted, date and time of consultation, etc..) and allow TOMPOMA to offer a personalised service to its customers.
TOMPOMA informs the CUSTOMER of the possibility of deactivating the creation of these files by accessing its Internet configuration menu, although deactivating cookies may result in the loss of some of the website’s functionalities.
ARTICLE 14 – integrity
These General Terms and Conditions of Sale consist of the entirety of the clauses that comprise them. If one or more of the provisions of these General Conditions of Sale is considered invalid or declared so by law, regulation or following a decision by a court having jurisdiction, the other provisions shall continue to be in full force and effect.
ARTICLE 15 – applicable law and competent jurisdiction
These General Conditions of Sale are subject to Italian law.
Any dispute that cannot be resolved amicably shall be submitted to the exclusive jurisdiction of the Court of Verbania.
In any case, it is possible to have recourse to the mediation procedures provided for by legislative decree 28/2010 for the resolution of any disputes arising from the interpretation and execution of these conditions of sale by accessing the following website: https://webgate.ec.europa.eu/odr.
General conditions of sale updated on June 18, 2018.