General terms and conditions
This text contains the General Terms and Conditions (herein after referred to as "GTC") that govern and regulate the sale of products by Cremona Tools at the website www.cremonatools.com and other forms of distance selling. In order to take advantage of these products you must read carefully the following GTC and to order through our website you have to register correctly by following the instructions. If you have provided the information requested during the registration process, accepting and approving of the following terms will enable you to buy the products supplied by Cremona Tools. The present supply conditions are drawn up in accordance with Legislative Decree No 185, May 22, 1999 implementing Directive 97/7/EC on the protection of consumers in respect of distance contracts and apply to any contract signed after 10/01/2004.
General terms of sale
All orders are exclusively subject to our terms of shipment and payment. Different conditions require our written approval. Cremona Tools invites each customer to read carefully our GTC before making any purchase and to keep a printed or electronically saved copy of them after a purchase was made. The visual representation of the products on the Site, if available, usually corresponds to the photographic image of the products and is only meant to present them for sale without any guarantee or commitment by Cremona Tools, about the exact match of the image shown on the site with the actual product, and this, especially with regard to its actual size and / or aspects of color covers and / or packaging.
Methods and terms of payment
All payments have to be made in advance.
- payment by money transfer to our bank;
- Credit Cards: we accept Mastercard and Visa;
Right of modification of specifications
We reserve the right to modify technical specifications without prior notice. Our treated articles are subject to deviations regarding dimensions, weight, colour, grain and texture of the wood.
Identification of the VAT number of European clients
If you are a European client please specify if you have a VAT number or not. If you have a European VAT number and you don´t reside in Italy you don´t have to pay the Italian VAT. If you don´t have a European VAT number or if you don´t indicate it in your registration details we are legally obliged to apply Italian VAT. This is only valid for European clients. Any exportation outside the European Union is not subject to VAT.
The present contract establishes the general conditions of supply and the following terms are defined in this text. Contract of distance selling: the present contract having as a subject goods and services concluded between Cremona Tools and a consumer or client under an organised distance sales or services provision scheme run by the supplier who, for the purposes of the contract, makes use of one or more means of distance communication up to and including the moment of contract formation. Client: You, a physical person or legal entity who intends to buy services and/or products from Cremona Tools from the e-commerce part of the website www.cremonatools.com or from our printed catalogue, whose identifying data are supplied during the procedure of registration or by other means, who requests from the supplier the supply of products (as later defined). Contract: stands for the present general conditions of supply and are valid every time a contract of supply is stipulated between the supplier and client on the website Cremona Tools or other forms of distance selling (as defined in succession). Supplier: stands for Cremona Tools SAS di Tossani Alessandro & C. with its site in Cremona, C.so XX Settembre, 39 - VAT number IT01601990193. Procedure of registration: stands for the procedure of registration on the website www.cremonatools.com which includes the collection of identifying and informative data needed by the supplier for the supply of products. Once this procedure is completed correctly the client will use his access code that consists of username and password. Products: stands for services, products and goods sold by the supplier through the website www.cremonatools.com or other forms of distance selling as better specified hereafter. Website Cremona Tools: stands for the website made by the supplier and accessible at the URL http://www.cremonatools.com. Other forms of distance selling: orders placed at the Supplier via telephone, fax, post or email. Consumer: a physical person that intends to buy services and/or products for personal use. The rights of the consumer and possible exceptions to his favour are indicated in the following article 13. Company: The writing company that is indicated in the invoice. For identification in case of information or sending a money transfer refer to the company name indicated in the order forms. Order confirmation: written confirmation notice of the service and/or product ordered by you, send to you by the company. Price: the one shown in the order confirmation. Service and/or product: the one shown in the order confirmation.
2. Subject of contract
The exclusive subject matter of the contract is the sold product providing the characteristics and features contained in our product description.
3.Order and conclusion of the contract
3.1 Submitting your order to us is considered a binding offer to conclude the contract.
3.2 For orders placed via our web shop you as a customer agree by clicking the button "confirm order" bindingly towards us to be willing to buy the articles in the shopping cart, considering our GTCs. You will recognise any type errors you make on the concluding confirmation before checkout and will be able to correct the errors at any time with the aid of the delete or change function before sending the order. We reserve the right not to accept the order. If we are not able to accept the order you will receive a notification within 5 work days of the order. For our part the contract is concluded at the time of shipment of the goods of which will be immediately informed the customer and issued official receipt.
3.3 All goods delivered shall remain our property until they have been paid in full, regardless of the expiry of the return period. Being the buyer, the customer is obliged to treat the delivered goods with care and to promptly notify us of any access to the goods by third parties, for example in the case of seizures as well as possible damages or destruction of the goods. You are also entitled to resell the goods purchased in regular business transactions, provided that you are not in default of payment towards us. The contract between you and our company is concluded when the goods ordered are delivered to you within 10 days after receipt of your order, not by receipt of the confirmation for the incoming order which is sent to you automatically.
4. Product prices
4.1 Product prices and terms of payment. The products are provided at the prices valid at the moment of the order. The valid prices of the products are those indicated in EURO on the site at the time of the order, the prices obtained by the currency converter are only indicative. Any prices shown on the packaging and / or on labels affixed to the packaging, other than those paid are not to be considered valid. The prices on our website www.cremonatools.com are inclusive or exclusive VAT according to the client typology chosen during registration. Net prices are shown for better comprehension to our professional clients and clients that reside outside EU. For all other clients prices are shown including Italian VAT. Valid prices are shown on the invoice that follows the order. All prices in our print catalogue and in our online store at www.cremonatools.com are indicative and not binding. Changes of prices by suppliers, fluctuations of currency, transport costs etc. can cause necessary adjustments by Cremona Tools. All prices and availability of products can be subject to changes without advance notice. Before placing an order you can ask for a quote. The prices of shipment vary according to the quantity and type of ordered product and are highlighted on the website Cremona Tools at the completion of the buying procedure and before forwarding the order by the client. The client, before sending any order to the supplier, has to verify the current prices of the products. Payments with the credit cards of the VISA and Mastercard circuits are accepted as well as payments by PayPal and wire transfer to our bank and postal accounts as indicated in the order confirmation that you will receive once the order is sent. The procedure of payment by VISA and Mastercard is made through a protected credit card gateway that is connected directly to the bank that is the administrator of our on-line payments. This connection can´t be accessed by the supplier.
4.2 We accept no liability for printing errors in terms of price details.
5. Conditions and times of consignment
The merchandise will be sent directly to the address provided by the customer during the order process. The shipping will be made by a courier or postal service. The supplier commits himself to send the products to the customer in the shortest possible time taking into consideration the total number of products ordered by the customer and the period of the year and at the most within 30 days of the placement of the order. Longer shipping times are possible due to circumstances beyond our control. If one or several articles of the order are out of stock and not available within a short period of time we reserve the right to ship the partial order to accelerate the time of consignment. The value of the goods not available at time of order will be returned to the originator unless otherwise specified. We reserve the right to cancel a shipment, partially or completely due to circumstances beyond one`s control such as strikes, wars, blazes, government action, natural disasters, transport problems, etc.
The supplier does not take on any liability for ill services attributable to circumstances beyond one´s control such as accidents, blazes, explosions, strikes and/or closures, earthquakes, floods and other simular events that hinder, totally or partially, the implementation of the contract. The supplier does not recognize any liability, expressed or implicit, apart from cases of deliberate deception or grave culpability, for damages, losses or costs suffered by the customer in course of the supply of products. The client has the right to compensation only up the amount of the price of the product. Equally the supplier is not responsible for the potential fraudulent and illicit use that can be made by third parties, of the respective data of credit cards given by the client during the process of online-payment of the ordered products. During the order process the credit card data will in fact not be provided to the supplier. This data will be transmitted through a protected credit card gateway only to the provider of this banking service. Furthermore the data communication via the Internet cannot be guaranteed according to the present state of the art as being free of defects and/or available at all times. Therefore, we are neither liable for continuous and uninterrupted availability of our online system nor for the technical and electronic errors occurring during a sales event, which we have no influence on, in particular not for the delayed processing or acceptance of offers or online payments.
7.1. Quality guarantee of products
If not otherwise established Cremona Tools guarantees that all supplies are exempt from defects and are covered by guarantee in conformity with current laws. All products sold by us are covered by guarantee for 2 years when sold to private clients and 1 year when sold to professional clients as defined by European regulations. For this purpose the supplier commits himself to substitute bought products with other simular or equivalent ones if flaws are found that diminish significantly their value. Defects in wood intended for further processing shall be excluded from this liability after the expiry of the sale or return (see article 13). This applies for example to cracks and shrinkage of the wood, even if it has been dried artificially. Besides, the statutory warranty regulations shall apply.The present guarantee does not cover flaws and subsequent damages due to negligence in the use or conservation of the products by the client or any other circumstance that is indipendent from the supplier. To make use of the present guarantee the client has to communicate the existence of flaws to the supplier within 8 days from the discovery of the same as described below. Otherwise the guarantee will be void.
7.2. Ways to make use of the guarantee
To make use of the guarantee regarding flaws and to obtain the substitution of the bought products the client has to send a registered letter AR a communication in which the following has to be specified: (a) the date of the order, (b) the type and quantity of the bought product, (c) the date the merchandise was received (d) detailed description of the found flaws. The client will receive the replacement products together with the fiscal documents required by law after the return of the faulty products which the client has to send at the expense of the supplier. Only if the above procedure is carried out correctly will the supplier substitute the products that are under guarantee.
8. Obligations of the client
When registering, you shall be obliged to provide true information. Before the conclusion of the contract the client commits himself and is obliged to provide for the printing, storage on the harddrive and the conservation of the current general GTC. The client acklowledges and declares that, to have examined the present general conditions of use before completing the order. It is explicitly forbidden to make double registrations corresponding to a single person or to insert data of third parties. The client exempts the supplier from any responsibility deriving from the emission of erroneous fiscal documents caused by errors concerning data supplied by the client during the order process or during the procedure of registration since the client is the only one responsible for the data input. Should your data change during the term/processing of the contract, you shall be obliged to promptly notify us of these changes. If you fail to do so, or if you provide incorrect information in advance, we shall be entitled to cancel the concluded contract at no costs to us. You are responsible for the choice of the services and/or products and their suitability for their purpose. also for the telephone and postal fees for contacting our company. You have to provide Cremona Tools with every reasonable information, cooperation and access to allow our company to fulfil the contractual obligations. If not Cremona Tools is not bound to provide any service or assistance. Any costs arising through the goods being sent to the wrong addressdue to incomplete or incorrect address details will be charged to your account. As our contractual partner you must ensure that the e-mail account provided by you can be reached and that the receipt of e-mails is not excluded due to forwarding, shut down or congestion of the account.
9. Username and Password
A username and a password will be allocated to the client to be able to make purchases. These data will be send through a protected connection. The parties consider the username and password as restricted information. The client has to safeguard the username and password as confidential with the maximum diligence. The supplier doesn`t assume any liability for any harmful consequences that ensue from improper use, the loss or the disclosure to third parties of the username and password by the client. The client is bound to immediately notify the supplier in written form of the theft or loss of the password and username and to change them immediately.
All the communications of the supplier to the client are made, by the sole choice of the supplier, via e-mail, ordinary mail or by fax to the respective addresses or numbers provided by the client during the process of registration. All communications of the client to the supplier, with the exception of the ones of the client, have to be made exclusively via email to the following address: email@example.com. Except as foreseen by the paragraphs 7.2. and 13.2., all communications of the client to the supplier, therein included the ones contained in possible claims, can be sent by ordinary mail to the following postal address: Cremona Tools, Customercare, Corso XX Settembre, 39 - 26100 Cremona, or, if the client so chooses, by e-mail to the following address: firstname.lastname@example.org.
11. Exclusion of liability for external links
On our website, Cremona Tools refers to other websites on the Internet by placing links. For all these links, the following statement applies: Cremona Tools declares explicitly that we have no influence on the presentation or content of any linked site and therefore we dissociate explicitly from the content of any website provided by third parties that are linked from www.cremonatools.com, and we affirm that we do not adopt content of external websites. This statement is valid for all links shown and for any contents of the websites that the links lead to.
12. Rights to images
All rights to images are reserved to Cremona Tools or their partners. It is not permitted to use any images without prior consent.
13. Conditions and ways to make use of the client`s right of withdrawal
13.1. Conditions of the right of rescission: The client hast the right to withdraw from the contract stipulated with the supplier without any penalty and without any obligation to specify the cause within 14 days from the receiving of the products. Following up of the practice of the right of rescission: (I) the client has to return the bought products at his own expense and care within 14 days from the date the client made use of his right of rescission and (II) the supplier has to refund the paid price of the products excluding shipping in the minor possible time and in any case within 14 days from the date he gained knowledge of the practice of the right of rescission from the part of the client and/or the returns of the goods. The only expense the client has to bear is the cost of the return shipping of the products to the supplier. The products that are returned as written above have to return in the same conditions as they were in when received by the client including the original packaging undamaged, the accessories, the possible manuals and certifications, everything has to be complete. The return shipping is not allowed otherwise.
13.2. Consumers: If you are a consumer you can cancel your purchase at any moment within 14 day of its delivery, without justification and will receive the reimbursement of the paid price for the merchandise excluding shipping. To obtain this you have to inform Cremona Tools sending us a written communication as a registered letter with the acknowledgement of receipt, containing your wish to revoke the contract without any penalty and without giving justification, sending back immediately the products at your cost and risk in the same condition in which you received them. The communication can be sent, by the same date, also as a telegram, e-mail or fax, on the condition that you will send a confirming registered letter with the acknowledgement of receipt within the following 48 hours. The present contract does not infringe upon the rights possibly regulated by the law in favour of the consumer. The present provisions is not applicable to professional clients or consumers. The product has to be returned in its original condition with its corresponding packaging. If not otherwise agreed by the parties the consumer can not make use of his right of rescission of the contract of supply if the merchandise is custom made or otherwise personalized or, for their nature, can´t be sent back or risk to deteriorate or alterate quickly. We specify: the right of withdrawal does not apply to products that once opened and in all cases where the product once you open the packaging or any seal CAN NOT BE REFURBISHED FOR SALE. The purchased goods must be returned intact and in original packaging did not contain written of any kind made by the customer or damaged, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.). To limit damage at the original package, we recommend, when possible, to put it in another box, allows to write the sender, recipient and possibly all of the information or any symbology useful to avoid damage to the courier should be avoided in all cases the attachment of labels or ribbons adhesive directly on the packaging of the product. Cremona Tools also not responsible in any way for damage or theft / loss of goods returned by uninsured shipments. The right of withdrawal is lost for lack of the essential integrity of the property (the packaging and / or its contents), in those cases it is established using part of the property and any supplies, the lack of the outer and / or internal packaging, the absence of integral elements of the product (accessories, cables, manuals, parts, ...), the product is damaged for causes other than its transport. In the case above, we will return to sender the property purchased by charging the same shipping costs. May not exercise the right to cancel customers who purchase with VAT (DECRETO LEGISLATIVO 21 febbraio 2014, n. 21 ). Therefore, we urge you to make the purchase if and only if you are convinced of the product and all its features. Restore a packaging without damaging it or bring it back to its original state is an operation which can sometimes be very difficult. When a packing is not returned to its original state may mean that the item could be damaged during transit forever. Which implies the loss of the right to a refund of the money. Please read the technical characteristics of the product, better still wondering informations to make the purchase fully meets your needs.
13.3. Ways to make use of the right of rescission: The right of rescission is carried out by the client sending a specifying written communication as a registered letter with a receipt of return to the supplier.The communication can be sent, within the same timeframe, also as a telegram, fax or email under the condition that this is confirmed by a registered letter with an acknowledgement of receipt within the following 48 hours. If the merchandise is already consigned the consumer is bound to return it or to put it at the disposition of the supplier or of the person designated by the supplier according the modalities and times provided for in the contract. The limit of the restitution of the goods can not be less than ten workdays commencing on the date of the reception of the merchandise. In case of: (a) the right of rescission was not exercised according to the binding modalities of the present article 10, or (b) the merchandise is returned to the supplier without any communication, or (c) the merchandise is not returned to the supplier within the time specified by the above article 10.1; the contract of supply remains valid and effective and the supplier will have the faculty to keep the corresponding price and to resend the returned articles to the client in which case the client has to pay for the expenses.
See also at Returns
According to the article 1456 of the civil code, Cremona Tools can revoke the contract giving a written communication if the customer don´t provide for the payment. Any party can revoke the contract in the case that the other party: 1) commits a substantial or persisting nonfulfilment of the present contract and does not rectify the same within 30 days of the receiving of a written intimation to fulfil the contract; or 2) according to the provisions of the article 1353 of the civil code, becomes insolvent, or is subject to bankruptcy procedures, or in liquidation.
15. Privacy and protection of personal data
Each party will treat the information obtained by the oher party as "confidential", at least as it would treat it`s own confidential information. Your own personal data will be treated and/or communicated according to the provisions of law and according the procedures of registration and protection of data adopted by the company. No data derived from the webservices or from other types of orders will be communicated or divulged to third parties. The personal data provided by the clients who request services are solely used to carry out these services and are not disclosed to third parties except if required by law or where necessary to carry out said services.(For example your address is required by the shipping company).
16. Various regulations
16.1. Modifications and inclusions- Cremona Tools reserves the right to modify, in all or partly and to supplement at any time the present GTC without any obligation to notify the client. The present GTC relate to a specific date containing the last updated and applied version of the supplier up to this moment. A new date will be applied to any modification and/or supplementation of the text of the present general conditions of supply. To the orders sent by the client within the date of modification of the contract the previous version of the contract of supply will be applied. The client is obliged to check regularly for the possible endorsement of modifications and supplementations as well as changes of the date before sending any order of products to the supplier.
16.2. Invalid clauses. In case one or more clauses of this contract should be or should become invalid or ineffective they are simply considered as not being correct and will not influence the validity of the other clauses; to the same effect, the invalidity or ineffectiveness of one or more clauses of the contract does not imply the invalidity or ineffectiveness of the same contract.
17. Applicable law and competent court
The present contract is governed and disciplined by Italian law. All the contractual relations are exclusively subject to the laws of the Italian state. International laws of commerce are not applicable. For whatsoever controversy/dispute that arises between the parties about interpretation and/or execution of this contract (of which this clause is part and parcel) and all its succeeding inclusions and modifications the court of Cremona shall have exclusive jurisdiction except the controversies that arise for which the judge of the place of residence or domicile of the client has jurisdiction. Nevertheless, where the place of residence or domicile of the client is outside the European Union for the above mentioned controversies the exclusive jurisdiction remains with the court of Cremona. The translation of these GTC to languages other than Italian are made only for the convenience of the client. In the case of controversial interpretation only the Italian text is valid.
In case any stipulation of the contract is deemed invalid or ineffective by the legal authorities, the remaining parts still remain valid. Cremona Tools can stipulate subcontracts, submit or transfer its obligations and rights, all or partly, to third parties that are competent. You may not submit or transfer any of your obligations. Any communication must be sent written (by hand, e-mail, fax or priority postage and will be considered to be received 48 hours after their mailing).
Online Dispute Resolution: Link to the ODR platform according to Article14 (1) of Regulation (EU) No 524/2013: http://ec.europa.eu/consumers/odr/
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