Terms and Conditions of Sale

These terms and conditions of use (hereinafter, “Conditions”) govern the use of the website instant.toscanita.it (hereinafter, “Site”) owned by Toscanità s.r.l., VAT ID: 00274400522, represented by its legal representative pro tempore, with its registered office at Via Pier Capponi, 99, 50132 Florence (FI), email: commerciale@toscanita.it, PEC: toscanita@pec.toscanita.it (hereinafter, “Seller”) by the user of the Site, whether an individual or a legal entity (hereinafter, “User”).

The use of the Site implies the status of User and implies the full acceptance of these Conditions.

The term “User” refers to both the Consumer User (a natural person who acts for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity they may carry out) and the Professional User (a natural or legal person who acts in the exercise of their own entrepreneurial, commercial, artisanal, or professional activity, or an intermediary thereof).

The following terms have the following meanings in these Conditions:

• “Account” refers to the environment made available by the Seller, including the ability for the User to access certain Services and set their own preferences.
• “Order Confirmation Communication” means the communication sent by the Seller via email to the email address provided by the User when placing an order. This communication confirms the receipt of the order and the availability of the requested Products. The communication includes references to these Conditions, the order number, shipping and billing information, the list of ordered Products with their essential characteristics, and the total price, including delivery charges.
• “Communication of Definitive Unavailability of Products” means the communication sent by the Seller via email to the email address provided by the User when placing an order. This communication informs the User of the unavailability of one or more Products.
• “Content” refers to any music, sound element, photograph, image, video, message, or other material, including data, uploaded and/or present on the Site.
• “Authentication Credentials” refer to the username and password and/or other authentication methods through which the User can access the Account and/or use the Services provided by the Seller, which require prior registration.
• “Data” refers to any and all information, including data related to identified or identifiable natural persons, such as, but not limited to, name, surname, email address, phone number, any interests and/or purchasing habits, and other types of personal data that Users provide to the Seller during the Registration process.
• “Rights on the Site” refer to all rights related to the software underlying the Site, including, but not limited to, the exclusive rights provided by Italian law 22 April 1941, n. 633, and subsequent amendments and additions, especially articles 64-bis onwards. By way of example, and not limited to, the Rights on the Site include the exclusive right of reproduction, execution, uploading, processing, adaptation, translation, distribution, public dissemination, distribution of modified and/or adapted versions of the software underlying the Site.
• “Account Preferences” refer to the section of the Site accessible through the User’s Account, where the User can update and/or modify the Data provided during Registration.
• “Privacy Policy” refers to the information on personal data processing, as required by articles 13-14 of Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018, accessible here: https://instant.toscanita.com/privacy-policy/.
• “Products” refer to all goods offered for sale by the Seller through the Site, as further specified and detailed in the individual Product Sheets.
• “Program” refers to the computer program underlying the Services and features provided through the Site, including functional and graphical interfaces, exclusively owned by the Seller, on which the Seller holds all rights as indicated in article 64-bis of Law no. 633 of April 22, 1941, and subsequent amendments. The Program is made available to the User according to the modalities indicated below.
• “Reviews” refer to the particular type of Content consisting of any information (e.g., messages and/or photos and/or videos, etc.) through which the User can express their opinion about the Products offered by the Seller through the Site.
• “Registration” refers to the computer procedure through which a specific natural or legal person, after accessing the Site, is enabled to use the Services that require Registration and to create their own Account. To successfully complete Registration, the User will be asked to provide certain Data that will be kept by the Seller.
• “Product Sheet” refers to the particular area of the Site containing: i) the name of the Product sold by the Seller through the Site; ii) the mandatory information about the Product made available to the User before purchasing; iii) the price of the Product, including taxes; iv) the availability of the Products; v) any applicable delivery charges.
• “Services” refer to all the functionalities that the Seller offers to Users through the Site, including, among others, the display of Product Sheets and the completion of online purchases.
• “Use of the Site” refers to any operation performed by the User from the moment of accessing the Site, including simply viewing Product Sheets, regardless of the access device (e.g., PC, tablet, or smartphone), type of connection (private, third-party, public, or Wi-Fi), and location of the connection.

The User must not use the Site or any Content in a way that harms the Seller or third parties. In particular, the User must refrain from using the Site or the Content present on it to engage in competitive activities or in any way that causes damage or harm to the interests, including economic interests, or the image of the Seller, other Users, or third parties.

Browsing the Site is allowed for both adults and minors. The purchase of Products can only be made by adults.

The User agrees to use the Services and functionalities made available by the Seller through the Site in full compliance with applicable laws and, in any case, undertakes not to use the aforementioned Services and functionalities for any purpose contrary to those permitted by the Seller, including, but not limited to:

• Uploading, publishing, transmitting, and/or disseminating, in any way or form, through the aforementioned Services or functionalities, illegal or prohibited Content, including, but not limited to, videos showing nudity, pornography, sex, inappropriate images of children, violence, dead or severely injured bodies, mistreated animals, as well as messages and/or materials using obscene, blasphemous, pornographic, racist, or otherwise defamatory language towards other Users and/or individuals or legal entities, as well as Content of which the User is not the rightful owner or for which they have not obtained the required authorizations.
• Violating any rights of third parties, including image rights, name rights, decorum, honor, and reputation, even commercial reputation.
• Disseminating or disclosing Content and/or materials intended for the commission of illegal activities, including, but not limited to, incitement to violence and/or the commission of crimes of any kind.
• Transmitting viruses and/or other computer tools that may compromise the integrity and/or security of computer equipment (so-called malware, trojan horses, etc.).

• Reporting and disseminating links to websites where any of the above prohibited activities are carried out.
• Engaging in inappropriate interactions with other Users during the period of use of the aforementioned Services and functionalities.
• Engaging in activities related to spamming or any type of unwanted interaction with other Users.

To access certain Services and/or functionalities of the Site, the creation of an Account may be required. To this end, the User may be required to provide information that allows for their identification. In accordance with Regulation (EU) 2016/679 (GDPR) and Legislative Decree 196/2003 as amended by Legislative Decree 101/2018, the Seller is obliged to collect and store personal data that allows for the User’s identification, and the User, therefore, undertakes to provide accurate and complete data regarding their identity and refrain from impersonating others. In the event that this commitment is not respected, the Seller reserves the right not to confirm, suspend, or delete the Account without notice and with immediate effect, excluding any compensation, indemnity, or refund for the User.

The User undertakes to diligently safeguard the Authentication Credentials, which constitute confidential data for which the User is solely and exclusively responsible, including with regard to activities carried out through their use.

The User, therefore, undertakes to promptly contact the Seller, or, in any case, within a reasonable time, using the contacts indicated in Article 1 or the alternative contact provided by the Seller, by sending an appropriate written communication in the event of theft or loss of Authentication Credentials, in order to request their deactivation and replacement by the Seller, as well as in the event of any use, even presumed, of the Services and functionalities made available through the Site by unauthorized third parties.

It is understood that the Seller cannot be held in any way responsible for any harmful or detrimental consequences arising from incorrect use, loss, theft, or compromise of the confidentiality of Authentication Credentials, in the event of failure by the User to send the aforementioned communication.

The User acknowledges and agrees that the publication of Reviews regarding the Seller’s Products is subject to these conditions: i) vulgar, blasphemous, or otherwise inappropriate language for the context of the Site must not be used; ii) the content of the Reviews must not be false and/or untrue; iii) Reviews can only be published by Users who have actually purchased that particular Product; iv) it is expressly forbidden to publish “negative” Reviews solely for the purpose of discrediting the professional image and/or reputation of the Seller; v) the use of improper, offensive, and/or vulgar expressions towards other Users is expressly prohibited.

The User is expressly informed that the Seller reserves the right, but not the obligation, to remove, at its discretion and without incurring any liability towards the User, Reviews that violate these Conditions and, in particular, that, in the purely discretionary evaluation of the Seller, are i) not appropriate for the context of the Site; ii) false and/or untrue; iii) published by Users who have not purchased the respective Product; iv) intended solely to discredit the professional image and/or reputation of the Seller and/or third parties; v) contain improper, offensive, and/or vulgar expressions towards other Users – or are otherwise contrary to the law.

Before concluding the purchase contract, the User becomes aware of the characteristics of the Products, which are described in the individual Product Sheets when chosen by the User.

Before concluding the purchase contract and before validating the order with a “payment obligation,” the User is informed about:

• Mandatory information and the total price of the Products, including taxes, with a breakdown of shipping costs and any other charges.
• Payment methods.
• The deadline by which the Seller undertakes to deliver the goods.
• Conditions, terms, and procedures related to the right of withdrawal.
• The existence of the legal warranty of conformity for the purchased Products.

The User can access the information about the Seller at any time, even before concluding the contract, which is also provided below: Toscanità s.r.l., VAT ID: 00274400522, represented by its legal representative pro tempore, with its registered office at Via Pier Capponi, 99, 50132 Florence (FI), email: sails.instant@toscanita.it, PEC: toscanita@pec.toscanita.it. This information is always accessible in the “Contact” section of the Site and/or in the Site’s footer.

These Conditions govern: i) the sale of Products purchased by the User through the Site; ii) the purchase of any additional or accessory Services; iii) the browsing of the Site by the User, as well as the use of all the Services and functionalities made available to the User through the Site.

The User is expressly informed that the purchase of Products is reserved for Users who have successfully completed the Registration procedure.

The User is expressly informed and acknowledges that the Seller reserves the right to refuse and/or cancel orders that come from: i) a User who has previously violated these Conditions, ii) who has been involved in any type of fraud, especially concerning credit cards, iii) Users who have provided false and/or incomplete and/or inaccurate Data.

The characteristics and price of the various Products for sale on the Site are indicated in the respective Product Sheets.

To purchase the Products, the User must complete and submit the electronic order form, following the instructions on the Site. The User must add the Product to the “Cart” and, after viewing these General Conditions and the Privacy Policy and confirming their acceptance, enter the shipping and, if required, billing information, select the desired payment method, and confirm the order.

By submitting the order through the Site, which is considered a mere contractual proposal, the User acknowledges and declares that they have read all the information provided to them during the purchase process and fully accept these General Conditions and the payment conditions set out below, as well as the Privacy Policy.

The contract (hereinafter, the “Contract”) concluded between the Seller and the User must be considered concluded with the acceptance of the order by the seller. This acceptance will be communicated to the User through the Order Confirmation Communication.

Notwithstanding the possible exercise of the right of withdrawal, the User is expressly informed and agrees that, upon receiving the Order Confirmation Communication, they will have 12 (twelve) hours to report any errors in the order to the Seller (by email or through other methods that may be indicated on the Site). After this period, the order will be processed for shipment, and no further changes will be accepted. In any case, the amount related to the missing Products will be refunded to the User, using the same payment methods chosen by the User, within 30 days from the correction of the order.

It is understood that the Seller’s responsibility towards the User or third parties is hereby excluded.

The availability of the Products – as indicated in the Product Sheets – refers to their actual availability at the time the User places the order. This availability should, however, be considered purely indicative because, due to circumstances not attributable to the Seller (e.g., the simultaneous presence of multiple Users on the Site), the Products may no longer be available.

If one or more Products are not available, the Seller will send the User a Communication of Definitive Unavailability of the Products. Upon receiving this communication, the User will have the following 12 hours to confirm the shipment of only the available Products or cancel the entire order. In the event of no response within this period, the order will be considered confirmed, and the available Products will be shipped. In any case, the amount related to the missing Products will be refunded to the User, using the same payment methods chosen by the User, within 30 days from the correction of the order.

It is hereby understood that the Seller cannot be held in any way responsible for any harmful or detrimental consequences arising from incorrect use, loss, theft, or compromise of the confidentiality of Authentication Credentials, in the event of failure by the User to send the aforementioned communication.

• The selling prices of the Products listed on the Website are in euros and already include taxes, duties, and any additional costs such as shipping fees.
• Customers can make payments online through the following methods:
  • Credit, debit, and prepaid cards enabled for online payments (MasterCard, Visa, American Express).
  • Prepaid cards.
  • PayPal.
  • Additional methods indicated on the Website.
• In any case, cash payments are not accepted.
• The issuance of an invoice is not mandatory unless requested by the User at the time of placing the order, as indicated by the law. Users are solely responsible for providing accurate billing information.

The issuance of an invoice is not obligatory, unless requested by the User no later than the time the order is placed as indicated in D.P.R. of 26/10/1972 no. 633 – art.22. Invoicing data must be entered by the customer either during registration or at the time of the Order. The User is solely responsible for the correct entry and/or communication of billing data.

The User is made aware and acknowledges that, for the purpose of payment management, the Data relating to payment transactions shall not transit on the servers used by the Seller, and shall only be processed by third parties in possession of appropriate quality certifications.

• The Seller undertakes to deliver the purchased Products, by express courier, to the address indicated by the User in the order form, within and no later than 7 days from the date of receipt by the User of the Order Confirmation Communication or, if later, from the date of receipt of payment by the Seller.
• The User is expressly informed that delays may occur for one or more reasons not attributable to the Seller, such as, purely by way of example and, therefore, without any claim to completeness: i) possible customization of the Products; ii) delivery area; iii) unforeseeable circumstances and/or force majeure.
• By virtue of these Conditions, delivery is deemed to have taken place when a signature has been signed for collection at the shipping address indicated by the User on the order form.
• The User is expressly informed and acknowledges that deliveries of Products may only be made to the countries indicated by the Seller in the individual Product Sheets and, in any case, before the final dispatch of the order.
• The User Consumer is expressly informed that, in all cases of non-delivery within the terms indicated by the Seller, pursuant to art. 61 paragraph 3 of the Consumer Code, before being able to terminate the Contract, he must ask the Seller to make delivery within an additional period appropriate to the circumstances. Pursuant to article 61 paragraph 4, the User Consumer shall not be burdened with requesting delivery within the aforementioned additional term, when: i) the Seller has expressly refused to deliver the Products; ii) if the delivery term, having regard to the circumstances surrounding the conclusion of the Contract, was to be considered essential; iii) if the User Consumer has previously informed the Seller, by means of a communication sent to the addresses referred to in article 1, that the delivery term was to be considered essential.

• Users classified as Consumers have the right to withdraw from the Contract without any penalty and without specifying the reason within 14 days from receiving the Products.
• If a Consumer makes multiple purchases in a single order and they are delivered separately, the 14-day period begins from the receipt of the last Product.
• To exercise the right of withdrawal, the Consumer must notify the Seller via explicit declaration, which can be sent by registered mail or via certified email (PEC) to the address provided in Article 1, or any other address later communicated by the Seller.
• According to Article 57 of Legislative Decree 206/2005 (Consumer Code), in case of withdrawal, the Consumer must return the goods within 14 days from the day they informed the Seller of their intention to withdraw.
• The cost of returning the Products is borne by the Consumer.
• The Products must be returned intact, in their original packaging, complete in all their parts (including packaging, labels, etc.), and with all accompanying tax documentation.
• Except for the right to verify compliance with the above, the Seller will refund the amount of the Products subject to withdrawal, including any shipping costs, within a maximum of 14 days from receiving the notice of withdrawal from the Consumer.
• The right of withdrawal applies to the entire Product purchased; therefore, if the Product consists of multiple components or parts, the withdrawal cannot be exercised only on part of the purchased Product, unless otherwise agreed upon between the Seller and the Consumer.
• As per Article 56(3) of Legislative Decree 206/2005 (Consumer Code), as amended by Legislative Decree 21/2014, the Seller may withhold the refund until the goods are received or until the Consumer demonstrates that they have sent back the goods, whichever occurs first.
• The Seller will issue the refund using the same payment method chosen by the Consumer during the purchase, unless the Consumer consents to a different method.
• If the withdrawal conditions, as specified in this article, are not met, the Consumer will not be entitled to a refund of the amounts already paid. In this case, the Consumer may, at their expense, recover the Products in the condition in which they were returned to the Seller. Otherwise, the Seller may retain the returned Products, in addition to any sums already paid by the Consumer for the purchase.

The right of withdrawal is expressly excluded with respect to Contracts concluded between the Seller and the User who qualifies as a Professional (also referred to as ‘Professional User’).

• Each Product purchased by a User classified as a Professional is covered by the warranty for defects in the item sold, as per Articles 1490 and subsequent of the Civil Code. Any action by the Professional to assert the warranty for defects shall be time-barred one year from the delivery of the purchased Product. Any defects must be reported within the terms set forth in Article 1495 of the Civil Code.
• Each Product purchased by a User classified as a Consumer is covered by the legal conformity warranty provided by Articles 128 and subsequent of Legislative Decree 206/2005 (Consumer Code). The Seller’s Legal Warranty applies to defects in conformity that occur within 24 months from the date of delivery of the Product and are reported by the Consumer within 2 months of discovering the defects, in accordance with Article 132 of the Consumer Code. In case of a defect in conformity, the Consumer is entitled to restore the conformity of the Product through repair or replacement at no cost, or to an appropriate reduction in the price, or to the termination of the Contract. The Consumer will retain all rights under the Legal Warranty described above, regardless of the subscription of any other types of warranties, whether free or paid.

A “defect of conformity” is deemed to exist when the Product:

• Is not suitable for the use to which goods of the same type are usually put.
• Does not conform to the description given by the Seller and does not possess the qualities of the goods that the Seller has held out to the Consumer as a sample or model.
• Does not have the qualities and performance that are typical of goods of the same type, which the Consumer can reasonably expect, given the nature of the goods and their features, as well as the statements made in advertising or on labels.
• Is not suitable for the particular use intended by the Consumer if they have informed the Seller of this use at the time of the conclusion of the Contract.

It is expressly stated that the User, whether a Consumer or a Professional, will not be entitled to any other type of warranty in relation to any Product or any component identified as defective unless otherwise provided for and in compliance with applicable law:

• The Products have been repaired or altered by persons other than the Seller or any other authorized party.
• The non-conformity of the Product or Products has manifested beyond the term of 2 (two) years from the delivery of the Product itself, and/or the request for repair or replacement of the defective Product or Products has been sent more than 2 (two) months after the discovery of the defect for the Consumer.
• The User has not respected the prescription and forfeiture terms provided for in Article 1495 of the Civil Code.
• The defects are due (in whole or in part) to misuse, improper use, or storage, or improper maintenance, or installation performed by persons other than the manufacturer, the Seller, or any other authorized party – or without observing the instructions provided with the Products delivered.
• At the time of the conclusion of the Contract, the User was aware of the defect and could not have ignored it with ordinary diligence.
• The defect of conformity results from instructions or materials provided by the User.

The User is expressly informed and acknowledges that any and/or all further warranties on the part of the Seller (such as, but not limited to, commercial warranties, etc.) are excluded.

Personal data transmitted by one Party to the other in compliance with these Conditions will be used by the receiving Party, in accordance with applicable law, for purposes strictly connected and instrumental to the contractual relationship. Each Party consents and guarantees that such data may be processed and stored in compliance with the aforementioned purposes.

For further information regarding the processing of personal data, Users are invited to carefully read the Privacy Policy available here.

• These General Conditions contain the entire agreement between the Parties and cancel and replace any previous agreement on the same subject. Any additional or derogatory agreements from what is contained herein must be made in writing by the Parties and signed by them.
• The possible nullity, invalidity, or ineffectiveness, according to Italian law, of any of the provisions contained in these Conditions will not nullify or compromise the validity or effectiveness of the other provisions with respect to each of the Parties.
• The possible failure to exercise, by the Seller, of the rights and faculties deriving from these Conditions does not constitute any waiver thereof, being considered an act of mere tolerance.
• These Conditions do not establish corporate or associative ties between the Parties and do not imply any relationship of representation between them, so no Party has the right to act on behalf and for the account of the other Party.
• Except as otherwise provided, any communication between the Parties concerning these Conditions must be made in writing and will be considered effectively and validly executed if received by the other Party at the addresses indicated in Article 1, or at any other different addresses that each Party will be required to communicate in advance to the other in case of modification.

• These Conditions are governed by Italian law.
• In particular, any purchase of Products made by a User who can be classified as a Consumer will be governed, in addition to these Conditions, by the provisions of Legislative Decree 206/2005 (the Consumer Code) and Legislative Decree No. 70/2003, to the extent applicable.
• Any purchase of Products made by a User who can be classified as a Professional will be governed exclusively by these Conditions, in addition to the provisions of the Civil Code, to the extent not provided herein.
• For any dispute regarding the validity, effectiveness, interpretation, or execution of these Conditions and, in particular, arising from or related to any purchase order, as well as regarding the User’s navigation on the Website or the use of any Service and/or functionality made available to the User through the Website, the exclusive jurisdiction shall be the Court of Arezzo, without prejudice to the mandatory jurisdiction of the User’s place of residence or elected domicile, if qualifying as a Consumer under the Consumer Code.
• For the same disputes mentioned above, it is also possible to optionally resort to mediation procedures as per Legislative Decree 28/2010 or as otherwise provided by other statutory provisions.
• Pursuant to Article 14 of EU Regulation No. 524/2013, we provide the link for access to the EU Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.