E-commerce over the Internet in Italy is regulated by current legislation on tele-shopping. The law (Leg. Dec. 06/09/2005 n.206) guarantees the right to cancel the purchase agreement for any reason, without any penalty and without stating the reason, within 14 business days from the date on which the ordered goods are received.
This site is owned by Tucano s.r.l., with registered office at Piazza Castello, 19 - 20121 Milan, and is dedicated to online shopping. Tucano s.r.l. complies with the law on tele-shopping (Leg. Dec. 06/09/2005 n.206), which provides specific obligations for the seller and equally specific rights for the Consumer. We therefore hope you will carefully read the following terms and conditions, and keep them in the event that you make purchases from the Tucano store.
All terms and conditions of sale, delivery and payment are listed in detail.
1. OUR PRODUCTS
Our products are studied and selected by italian designers and are under patent and copyright. Tucano reserves the right to make changes without notice to any information in an on-going effort to improve product design, selection and quality. The colors of the products shown are to be consider indicative as they are subject to variations in photographic and print quality. All trademark in the pages of this site are the sole property of they legal owners.
2. OFFER TO THE PUBLIC
This article is addressed to the final “Consumer,” any natural person who acts on www.tucano.com for purposes not related to his/her own commercial, entrepreneurial or professional activity. Corporate customers and retailers are referred to the reserved sections.
The sale prices indicated within the site WILL INCLUDE VAT, calculated by the user during the ordering process. Prices are understood to include shipping costs within Italy but not outside it.
3. PURCHASING AND ORDER ACCEPTANCE
The purchasing process is as follows: select the product you wish to see by clicking on the photo; this will open up a description window; if you wish to buy the item, click ADD TO CART. The cart, with the products selected, is displayed below. Here you can decide whether you want to continue browsing or complete the purchase.
To complete the order, click on PROCEED TO CHECKOUT then register or log in; confirm the delivery address, select the shipping method, and make the payment by credit card or by PayPal, then wait for confirmation of the transaction.
4. DELIVERY TIMES
Tucano s.r.l. uses its own contractual courier service to deliver to the address you indicated when you registered, once the order is placed. The average time for delivery of goods is 1 or 2 working days for Italy (with the exception of Calabria, Sicily and Sardinia, where 2 or 3 days are to be expected) and 2 to 5 working days for the rest of Europe, from the date of order acceptance sent by e-mail. The supplier will accept no liability for delayed or missed delivery attributable to causes of force majeure or unforeseeable circumstances.
Each shipment is accompanied by an envelope containing the shipping document, and the invoice if requested. If any of the aforementioned documents needs to be re-sent, it will be handled within five days after the request. The products are shipped in cardboard boxes of varying sizes, sealed top and bottom with Tucano S.rl. custom adhesive tape.
Upon receipt, the Consumer must check that the delivered product matches what was ordered, as follows:
• That the number of packages/boxes indicated on the carrier’s bill of lading corresponds to the number of packages/boxes actually delivered;
• That the package is intact, undamaged and dry, and in any case matches the standard characteristics (described above) for a Tucano S.r.l. package.
After checking, the Consumer must sign the delivery slip, after which no complaint may be made regarding the external characteristics of what was delivered in relation to the order placed. If the items delivered do not match the order placed according to the procedure cited above, the Consumer should not accept the goods and should complain directly to the carrier.
5. RIGHT TO CANCEL
The consumer's right of withdrawal is governed by Articles 64 et seq of Legislative Decree no. 206 dated 06/09/2005. The Customer is therefore entitled to cancel the contract, including partially, with no explanations or additional cost, provided the following terms and conditions are met:
• Cancellation must be communicated by registered letter with acknowledgement of receipt to Tucano s.r.l., P.za Castello, 19, 20121 Milan, no later than 14 days after receipt of the products.
• This communication may be anticipated, within the same deadline, by e-mail (to firstname.lastname@example.org), fax (to +39 02 25201053) or telegram, on the condition that it be confirmed immediately by registered letter with acknowledgement of receipt within the following 48 hours.
• This communication must specify the cost in question, the Consumer’s desire to cancel the purchase, and the product or products for which the right to cancel is to be exercised, and attach a copy of the transport document and the order.
• The Consumer must then return the product, at its expense, to the following address: Tucano s.r.l., P.za Castello, 19, 20121 Milan.
The collection of products will be made by UPS. Tucano will send the details for the collection of the products in question by UPS.
If the withdrawal has taken place in accordance with the procedures described, Tucano s.r.l. will arrange to refund the entire amount paid for the purchase, in the shortest time possible, but in any case within 30 days of Tucano s.r.l. being made aware of the consumer exercising their right of withdrawal. The refund will include the amount paid for the delivery of the product. The consumer will only be responsible for the costs of returning the product.
Pursuant to and in accordance with Art. 55 and of Legislative Decree no. 206 dated 06/09/2005, the right of withdrawal is not allowed in the case of:
• The purchase of audiovisual or software products supplied in sealed packaging that has been opened by the consumer;
• Made-to-order or personalised items;
• Goods which, by their nature, cannot be reshipped or are at risk of perishing or deteriorating quickly.
6. ORDER CANCELLATION AND/OR CHANGE
In addition to what is stated in point 5, the consumer can cancel the entire order or change it no later than 12 hours following the order being placed. To change or cancel the order, Tucano Customer Service must be notified by fax to +39 02 25201053 or e-mail to email@example.com, indicating the online order number and its date. Tucano Customer Service will contact the Consumer regarding the feasibility of the requested change.
7. PRICE CHANGE
The prices of the products offered are subject to change. Only the price calculated at the time of the order will apply to the Consumer’s order, with no consideration of price increases or reductions that may occur.
The purchased products must be paid for by the Consumer when the order is confirmed, using one of the available credit cards indicated online or a PayPak account.
Tucano s.r.l. is not liable for any fraudulent or unlawful use of credit cards by third parties when the purchased products are paid for. At no time during the purchase procedure is Tucano s.r.l. aware of the purchaser’s credit card number, which is transmitted via a protected connection directly to PayPal, the operator of the service.
Payment using credit cards is subject to the following conditions:
• The home landline telephone number must be provided (indicate the phone service nominee if different from the person placing the order);
• The person placing the order must be the same whose name is on the credit card;
• Products will be sent to the address indicated by the person placing the order.
Tucano s.r.l. guarantees compliance with quality standards relating to its products.
Tucano s.r.l. assumes no liability for poor service attributable to force majeure such as accidents, thefts, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events that might prevent performance in whole or in part within the contractually stipulated times.
Tucano s.r.l. is in no way liable for the information, data and any technical or other inaccuracies that may be contained on this site. Tucano s.r.l. rejects any liability for direct or indirect damages of any kind, regardless of how they occur, resulting from use of the present site and/or the news, photos and information contained herein. Tucano s.r.l. assumes no liability for information acquired from individual producers or distributors. Tucano s.r.l. will not be liable to anyone for damages, losses and costs incurred as a result of failed execution of the contract due to the aforementioned causes.
Products purchased through Tucano s.r.l. are protected by the manufacturer’s guarantee. This guarantee will apply exclusively to malfunctions occurring despite the normal use of the product, i.e., in accordance with its intended use and the provisions of any technical documentation, in compliance with the various operational standards indicated therein.
The aforesaid guarantee will not apply in the event of negligence or carelessness in the product’s use or maintenance, if the item purchased is connected to electrical or other outlets not up to standard. The guarantee is personal and hence will apply only to the original purchaser, being reserved to direct Consumers and not to merchants, retailers, etc.
In any case, Tucano s.r.l. is not liable to third parties or to the Consumer for any damages or losses caused by malfunctions of the product sold occurring due to manufacturing defects. Such liability falls exclusively to the original manufacturer, under the terms of the guarantee provided by same.
11. PURCHASER’S OBLIGATIONS
Once the online purchase procedure is complete, the Consumer undertakes to print and keep the present Terms and Conditions, and the specifications of the purchased product, in order to fully meet the condition described at articles 52 and 53 of Leg. Dec. 06/09/2005 n.206.
The purchaser is strictly prohibited from entering false data or third-party data during the registration procedure required to activate the contract execution process and for later communications. Tucano S.r.l. will pursue in court any violation or abuse, in the interests and for the protection of all consumers.
12. CONTRACT TERMINATION AND EXPRESS RESOLUTION CLAUSE
Tucano S.r.l. reserves the right to terminate the stipulated contract (order) simply by notifying the Consumer of same, with adequate and justified grounds; in this case the consumer will be entitled solely to restitution of any sum already paid.
The obligations assumed by the purchaser (see “Purchaser’s obligations”) and the completed payment guarantee which the consumer makes as provided for under “Payment” are essential; therefore, non-performance by the Consumer of even one of these obligations will lead to termination of the contract by right pursuant to art. 1456 C.C., with no need for judicial review, without prejudice to the right of Tucano S.r.l. to take legal action for compensation for any damages suffered.
14. TRANSACTION SECURITY
We use an e-commerce software that includes the best information encryption techniques according to the SSL (Secure Socket Layer) protocol; hence all personal information and credit card data are sent by the Internet without being accessible to indiscreet eyes.
The user can utilise an SSL secure server such as Safari, Netscape, Chrome, Internet Explorer or Firefox in any of the latest versions. These browsers are capable of dialoguing with the Tucano’s Secure Server, which will send your information to the bank circuit (still encrypted) for verification.
When data are sent and received in a connection to an SSL secure server, masks are displayed that indicate that secure areas have been reached (Hard Copy Form) where the page’s address is characterised by the prefix https (note the final “s”).
Tucano s.r.l. uses the SSL secure server to send credit-card-related data. In practice: after selecting payment by credit card, the user accesses a page allowing data to be input and then sent to the SSL Secure Server. Access to the SSL Secure Server occurs only when the data are actually sent. There is no risk until the “Send Data” button is pushed: the data remain on the user’s computer. Only afterward do they go into PayPal transnational circuit.
Transactions with PayPal are completely secure: all data are sent using the SSL (Secure Socket Layer) security system. This technology ensures that confidential information travels over the Internet only in encrypted form, coded according to a complex mathematical algorithm that ensures the privacy of communications and the inaccessibility of the data sent.
15. JURISDICTION AND COMPETENT COURT
This contract, drawn up on line via the www.tucano.com e-commerce site is governed by Italian law. Any dispute relating to the validity, interpretation or execution of this same contract will come under the territorial jurisdiction of the judge of the Consumer's place of residence or domicile, if located within the territory of the State (Art. 63 of Legislative Decree no. 206 dated 06/09/2005).