General terms and conditions of sale
Publication date and effective date: 13/12/2022
1.1. These general conditions of sale (hereinafter also the “Conditions of Sale”) shall apply to the purchase of digital products (hereafter the “Products” or individually the “Product”) made via the e-commerce section of the site www.theblondesalad.com (hereafter the “Site”) by final users who may be qualified as “Consumers” pursuant to article 1.2 below. The e-commerce section of the Site, which is the property of TBS Crew S.r.l. , with registered offices at Piazza Cavour, Milan, 20121, Fiscal Code, VAT no. and Registration number at the Company Registry of Milan no. IT07310020966 (hereafter “Company”), is managed by Triboo Digitale S.r.l. – a company of the Triboo group – with registered offices at Viale Sarca 336, 20126 Milan, Italy, Fiscal Code, VAT no. and registration number at the Milan Company Registry 02912880966 (hereafter “TRIBOO DIGITALE”).
1.2. The Products are offered and sold through the e-commerce section of the Site directly by TRIBOO DIGITALE. Purchases made via the Site shall have as parties TRIBOO DIGITALE as Seller (hereafter also the “Seller“) and the final user consumer who purchases one or more Products for purposes that are personal and outside a business, trade, craftsmanship or profession, as the buyer (hereafter the “Consumer“) (the Seller and the Consumer shall be jointly referred to as the “Parties“)
1.3. Company is not a party to these Conditions of Sale or the purchase agreements entered into by the Parties, but is the owner of the rights indicated at article 11 below.
1.4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products – including any notifications, claims or requests concerning the purchase and/or download of the Products – shall be sent via email to the customer care at the address: firstname.lastname@example.org.
1.5. All purchases of Products are regulated by the version of the Conditions of Sale published on the Site at the time the order is transmitted by the Consumer.
1.6. The e-commerce section of the Site is dedicated to the retail sale of the Products and as such is designed for use solely by Consumers. If you are not a Consumer or you do not wish to accept the Conditions of Sale, we invite you not to use the e-commerce section of the Site to purchase the Products. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
- the Product warranty referred to in article 8 shall not apply to the buyer;
- no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
- the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention 1980.
1.7. By transmitting the purchase order for the Products, the Consumer agrees that the confirmation of information concerning the transmitted order and these Conditions of Sale shall be sent to the Consumer by e-mail to the address provided by the Consumer during registration on the e-commerce section of the Site or process of purchase of the Products.
1.8. In order to purchase the Products via the e-commerce section of the Site Consumers must be aged 18 or over in order and have legal capacity, which the Consumer declares to be and possess.
1.9. The Consumer shall be responsible for obtaining and at the Consumer’s own cost and/or expense, any telecommunications’ services, including in respect of Internet connection to the Site and/or telephone costs, in accordance with the rates applied by the service provider selected by the Consumer, that are required to access the e-commerce section of the Site.
- Product features and availability in the various geographical areas.
2.1. The Products are offered and sold by the Seller through the e-commerce section of the Site with the features and qualities described therein and in accordance with the Conditions of Sale published on the Site at the time of the transmission of the order by the Consumer, with the exclusion of any other term or condition.
2.2. The Supplier reserves the right to amend and/or update these Conditions of sale at any time, in its own discretion, also as a consequence of amendments to applicable laws and/or regulations, with no obligation to give notice to users of the e-commerce section of the Site. Any amendments made to the Conditions of Sale shall come into force from the date of their publication on the Site, and will only apply to purchases of the Products concluded from that date.
2.3. The Consumer acknowledges that the Products offered for sale via the e-commerce section of the Site and/or the features of the same, including prices, may be subject to changes and updates without the obligation to give prior notice. Such changes apply solely to orders not yet confirmed on the date of such changes. In any event, we invite the Consumer to check the prices of the Products prior to transmission of the purchase order in accordance with article 3 below.
2.4 The Site is available worldwide. The Products offered for sale via the e-commerce section of the Site can only be purchased by Consumers of Italy and of the European Union.
- Product purchase procedure – Conclusion of each individual purchase contract
3.1. The presentation of the Products on the Site, which is not binding for the Seller, constitutes a mere invitation addressed to the Consumer to make a contractual offer to purchase and is not an offer to the public.
3.2. The purchase order sent by the Consumer to the Seller through the Website has the value of a contractual proposal and is governed by these Conditions, which form an integral part of the order itself and which the Consumer, by sending the order to the Seller, is required to accept in full and without reservation. Before proceeding with the purchase of the Products, by sending the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal.
3.3. The purchase of the Products via the e-commerce section of the Site does not require the prior creation of an account of the Consumer on the Site. The Consumer’s purchase order is accepted by the Seller by sending an e-mail to the Consumer confirming the order, to the address provided by the Consumer to the Seller at the time of registration on the e-commerce section of the Site or by transmission of the order if the Consumer did not register on the e-commerce section of the Site, which email will include as attachment these Conditions of Sale, a summary of the order placed, inclusive of the details of the price of the Products, shipping costs and applicable duties, as well as a description of the features of the Product ordered. The Consumer’s order, the Seller’s order confirmation and the Conditions of Sale applicable to the purchase contract concluded between the Parties will be archived electronically by the Seller’s on its computing systems and the Consumer may request a copy of same by sending a communication to the Customer Care via e-mail to the address email@example.com.
3.4. Each purchase contract for Products shall be deemed concluded between the Parties when the Consumer receives the order confirmation of the Seller by e-mail.
- Products’ selection and purchase procedure
4.1. The Products offered for sale through the e-commerce section of the Site may be purchased by the Consumer by selecting the Products of interest and adding them to the virtual shopping cart. Once the selection of the Products is complete, to purchase the Products added to the shopping cart the Consumer will be invited to provide the Consumer’s data to complete the order and allow the conclusion of the purchase contract. The Consumer can also optionally (i) register on the e-commerce section of the Site, providing the requested data or, (ii) login, if the Consumer is already registered. The Consumer will be asked to confirm the Consumer’s data (by way of example and without limitation: name, surname etc., as well as the email address where to provide the selected Products as attachments to the e-mail, the billing address and, on an optional basis, a telephone number where the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, which content can be modified: then, the Consumer, will be required to carefully read and expressly accept these Conditions and the Privacy Notice by ticking the specific check box inserted in the summary of the order and, finally, confirm the order by clicking the “Place Order” button, which order will thus be effectively sent to the Seller and produce the effects indicated a previous paragraph. 3.2. The Consumer will also be asked to select the payment method among those available. In particular, the Consumer can choose from the following payment methods:
- credit card (Visa, Mastercard);
and the Consumer will be required to provide the relevant data via a secure connection. Per esigenze contabili ed amministrative, il Venditore si riserva il diritto di verificare le generalità indicate dal Consumatore. The Seller reserves the right to verify the personal data provided by the Consumer for accounting and administrative purposes. If payment is made by credit card, the purchase price will be debited only at the time the order confirmation is transmitted by the Seller to the Consumer.
4.2. In the event that, during the Product selection procedure on the e-commerce section of the Site pursuant to paragraph 4.1 above, the Consumer notes that the price of one or more Products the Consumer intends to select for purchase is evidently lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to an evident technical problem that occurred on the e-commerce section of the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Customer Care by sending an e-mail to the address firstname.lastname@example.org.
- Supply of Products and acceptance
5.1. Once the purchase procedure by the Consumer has been completed, the Seller will provide the Consumer with the purchased Products, sending them to the e-mail address provided by the Consumer during registration. The Consumer will also be able to directly download the Product through a specific procedure that will be made available to him on the Site once the relative purchase has been completed. The Site indicates the availability of the Products and their delivery times, however, such information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the e-commerce section of the Site and, in any event, undertakes to supply the Products without undue delay.
5.3. The Consumer undertakes to check promptly and within the shortest possible time, that the supply includes all and only the purchased Products, and to promptly notify the Seller of any defective Products received or any discrepancy between the Products received and those that were ordered in accordance with the procedure of paragraph 8 of these Conditions of Sale; in the event of failure to do so, the Products shall be deemed accepted.
- Prices, duties and taxes
6.1. The price of the Products is that indicated on the e-commerce section of the Site in the summary of the order and at the time the order is transmitted by the Consumer. Such price is inclusive of VAT (where applicable) and any indirect tax (where applicable)
6.2. The Consumer shall pay to the Seller the total price, inclusive of the elements indicated at previous article 6.1., as summarized in the order transmitted by the Consumer and the order confirmation sent by e-mail by the Seller to the Consumer.
7.1. The Consumer expressly agrees that performance of the purchase contract by the Seller will commence at the time the price of the purchased Product/s is credited onto the Seller’s bank account.
7.2. Payment may be made by credit card or PayPal. The Seller may also allow other payment methods by indicating them in the payment section on the e-commerce section of the Site.
7.3. When payment is made by credit card, the Consumer will be transferred to a secure site and the credit card data will be communicated directly to Adyen the operator that handles payments on behalf of the Seller. The data inserted by Consumer will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data may not be accessed even by the Seller.
7.4. The Seller shall promptly transmit to the Consumer, if required by applicable laws, the invoice/tax receipt concerning the purchase of the Products made in electronic format by e-mail to the address provided by the Consumer.
- Seller’s legal warranty of conformity, reporting of non-conformity and interventions under warranty.
8.1. Pursuant to European Directives 770/2019/CE e 771/2019/CE and Italian Legislative Decree No. 206/2005 (hereafter the “Consumer Code”) (di seguito “Codice del consumo”), the Seller guarantees to the Consumer that the Products will be free from design defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of supply of the Products to the Consumer. There is no lack of conformity and therefore the application of any guarantee is excluded if, at the time of conclusion of the purchase order, the Consumer had been specifically informed of the fact that a particular characteristic of the digital content deviated from the objective requirements of conformity provided for by the Consumer Code and the Consumer has expressly and separately accepted this deviation at the time of concluding the order. The Seller also guarantees that the goods are of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in goods of the same type.
8.2. The Consumer can report any defects and non-conformities by sending the Seller’s Customer Service a suitable communication by e-mail to the address email@example.com, with an indication of the defect and/or non-conformity found, as well as attaching the order confirmation sent by the Seller and/or the tax receipt. The action aimed at asserting the defects not fraudulently concealed by the Seller is prescribed in any case within the term of twenty-six months from the supply of the Products to the Consumer.
8.3. Following receipt of the aforementioned communication and the related documentation, the Seller will evaluate the defects and non-conformities reported by the Consumer through the Company’s assistance service.
8.4. In the event that, following the quality controls of the Seller and the Company, the Product actually presents defects or non-conformities, the Consumer will have the right to have the Product restored to conformity by the Seller, according to the remedies expressly provided for by the Consumer Code. If the Seller has undertaken to reimburse the Consumer for the price paid, the reimbursement will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product. For any further information, we invite you to access the section “Right of withdrawal – Legal Warranty”.
- Defective Products Liability
9.1. As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply. In its capacity of distributor of the Products through the Site, the Seller frees itself from any liability, none excluded and / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
- Exclusion of the right of withdrawal
10.1 The Consumer expressly acknowledges and accepts that, pursuant to article 59, lett. o) of the Consumer Code, the right of cancel the purchase contract is excluded in relation to the supply of digital content through a non-material support, as in the case of Products sold through the Site.
- Intellectual Property Rights
11.1. The Consumer acknowledges that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written or graphic text used on the Site or related to the Products and the related exploitation rights in any way and with any medium, are and remain the exclusive property of the Company or in any case available to him, and/or his assignees, throughout the world and for the entire protection period (including renewals, extensions and, if possible, in perpetuity) guaranteed by the applicable laws and regulations, without the Consumer deriving any right over the same from access to the Site and/or from the purchase of the Products. The Consumer undertakes not to perform or omit any act that does not comply with or could otherwise prejudice the rights indicated above.
Consequently, the Consumer acknowledges and agrees that the said rights shall cover (i) each and every trademark, logo, title, company name, domain name, distinctive sign, product name, whether registered or unregistered, of COMPANY that is contained in the Site, (ii) each and every product of COMPANY and/or related design, model, whether registered or unregistered, that is reproduced on the Site (iii) each and every textual, visual, audio, audio-visual content and/or material of the Site, including without limitation graphic designs and layouts, informative and/or editorial content, images, photographs, music, videos.
The Consumer may not directly use or authorize any third party to use the Site for any unlawful purpose and/or in breach of any legislation, regulations and/or the rights of any third party and/or the Conditions of Use and/or Conditions of Sale, nor store, copy, reproduce, upload, publish, distribute, broadcast, transmit, communicate, make available to the public, modify, adapt, translate, encode, or otherwise use all or part of the Site, including without limitation the content, information, products and services rendered available via the Site (such as for example all the content of the Site), in any form, format or manner, by any means and/or onto any media, including without limitation by means of software and/or computing and/or digital instruments and/or equipment and/or media and/or telecommunications’ services.
- Protection of Consumer Personal Data
12.1. In order to proceed with registration, transmit an order and then conclude the purchase contract in accordance with these Conditions of Sale, the Consumer is required to provide certain personal data through the e-commerce section of the Site. The Consumer hereby acknowledges that the personal data provided by the Consumer will be processed by the Seller and, if strictly necessary, also by COMPANY in accordance with and subject to the provisions of EU Regulation 2016/679 and its further implementing Italian provisions of law and the Privacy Notice, for the purposes of performance of each purchase contract and, subject to the Consumer’s prior consent (if required by the Privacy Code), for any other purposes indicated in the Privacy Notice provided to the Consumer through the e-commerce section of the Site during the registration.
12.2. The Consumer hereby declares and warrants that the personal data provided to the Seller during the registration and purchase process are true and correct.
12.3. The Consumer is entitled, at any time, to update and/or amend the personal data provided to the Seller through the “My Account” section on the Site, which can be accessed after logging in.
12.4. For any further information on how the personal data of the Consumer are processed, we invite you to access the Data Protection Information Notice to Users section and carefully read the General Conditions of Use.
13.1. Although the Seller takes measures to protect personal data from their loss, falsification, manipulation and improper use by third parties, by reason of the characteristics and technical limitations concerning the protection of electronic communications via the Internet, the Seller cannot warrant that the information or data viewed by the Consumer through the e-commerce section of the Site, even after the Consumer proceeded to log-in, will not be accessible or viewable by unauthorised third parties.
13.2. In connection with the data concerning payments with made by credit card, the Seller uses the services of Adyen that in turn uses technological systems that are able to guarantee the maximum levels of reliability, security, protection and confidentiality in the transmission of data over the web.
- Applicable law, settlements and jurisdiction
14.1. The Conditions of Sale and any purchase contract concluded between the Seller and the Consumer under these Conditions of Sale shall be governed and construed in accordance with the laws of Italy and, in particular, the Consumer Code, with specific reference made to the legislation on the matter of distance contracts, and Italian Legislative Decree no. 70 of April 9, 2003, on certain aspects concerning electronic commerce. In any event, any rights granted to Consumers by mandatory provisions of law in force in the Consumer’s country of residence shall not be prejudiced.
14.2. In the event of a dispute between the Seller and the Consumer, the Seller hereby warrants that it shall participate to the attempt to reach an amicable settlement which a Consumer can request before RisolviOnline, an institutional and independent service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which offers the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
14.3. As an alternative to the settlement attempt of paragraph 14.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission European in accordance with Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, with the aim of facilitating out-of-court solutions that are independent, impartial, transparent, efficient, rapid and equitable to disputes concerning contractual obligations deriving from on-line sales or service between a Consumer residing in the Union and a trader established in the Union by the intervention of an ADR entity (Alternative Dispute Resolution) adhering to it, and that may be selected from a list available on the platform. For further information on the European ODR Platform, or to start, through it, a procedure of alternative resolution of a dispute concerning a purchase contract concluded pursuant to the Conditions of Sale, please use the following link: http://ec.europa.eu/odr. The Seller’s email address to be reported to the European ODR Platform is as follows: firstname.lastname@example.org.
14.4. If no settlement attempt is made under articles 14.2 and/or 14.3 above, or the attempt is not successful, the dispute shall fall under the exclusive jurisdiction of the court of the Consumer’s residence or domicile, if the Consumer resides or is domiciled in Italy, or the court of Milan, Italy, if the Consumer resides elsewhere.
- Language of the Conditions of Sale
The Conditions of Sale are published on the Site in Italian, English. In the event of discrepancy between the Italian version and any other versions, the Consumer agrees that the Italian version of the Conditions of Sale shall prevail.