Terms of use

GENERAL TERMS AND CONDITIONS OF SPARE PARTS SALE

These terms and conditions of sale are regulated by the (It.) Consumer Code ((It.) Legislative Decree no. 206/2005) and the rules on e-commerce ((It.) Legislative Decree no. 70/20016 as amended) and apply solely to distance selling through the web of products purchased on the website shop.tda.it.

 

1) OFFER TO THE PUBLIC

  1. The Products with the related Prices, as shown on the Site, constitute an offer to the public.
  2. The terms and conditions of this offer apply solely to purchases made on the aforementioned Website.
  3. The purchase contracts concluded on the Site concerning the Products for sale (hereinafter “Purchase Contracts”) are concluded with TDA Srl, Tax Code and VAT number: 02149150985, with registered office in (25020) San Gervasio Bresciano (BS), Via Circonvallazione no. 1.

 

2) METHOD OF PURCHASE

  1. a) To purchase the products, the Customer must select the item directly from the online product catalogue or through the search tools available on the site (search bar and category filters) specifying the number of products desired.
  2. b) The Customer must place the selected product in the shopping cart following the instructions provided.
  3. c) Once said operation is completed, the Customer will access the shopping cart; a screen containing a summary of the purchase order will be displayed, whereby the customer may also enter the quantity of items he/she intends to purchase and delete any unwanted items.
  4. d) Subsequently, the Customer will click on the “Conclude order” button and will be required to enter his/her shipment data (name, surname, address, post code, province, country, e-mail address, telephone number).
  5. e) To proceed with the purchase, the customer must accept these general terms and conditions of sale by selecting the appropriate check box.
  6. f) After that the Customer will be asked to choose the payment method, PayPal or Credit Card and they’ll be asked to fill in the form with their information (Credi Card Holder, Credit Card Information: number, security code, expiration date) and finally the customer should confirm the order.
  7. g) Where a promotional code is envisaged, the Customer holding the promotional code must enter the reference code before proceeding to the actual payment.

SUMMARY OF THE PURCHASE PROCEDURE:

  1. The user searches for the article that interests him/her by browsing the product catalogue or through the search tools available (search bar, filters by category).
  2. The Customer then adds the item to the virtual shopping cart by pressing a button on the item’s screen. Should a larger quantity of items be required with respect to the default number, the quantity can be changed on the item’s screen before adding it to the cart.
  3. Should additional items be required the user shall continue from point a, otherwise conclude the purchase (point d).
  4. The user accesses the cart where he/she can:
    1. check the order summary
    2. change the quantity of items
    3. remove unwanted items
    4. make the payment (point e)
  5. The user presses the “Complete order” button to complete the purchase and make the payment.
  6. The user enters the shipping information.
  7. The user accepts the terms and conditions of purchase (The terms must be accepted to proceed to the next steps)
  8. The user chooses the payment method.
  9. The user enters payment information.
  10. (Optional) The user enters a promotional code
  11. The user confirms the order.

 

 3) PRICES

  1. All Product Prices shown on the Site include VAT and are those in force at the time of purchase.
  2. In the event of changes to VAT included in the prices, TDA will be obliged to comply with the legislation in force.
  3. If, due to unforeseeable circumstances or technical failures beyond the control of TDA Srl, the price specified on the Site should be manifestly lower than the one actually applied to the goods offered, TDA Srl shall immediately contact the Customer, who may choose to pay the price difference and receive the delivery of the goods or immediately cancel the Order, with simultaneous refund of the price paid.
  4. Shipping costs are charged to the customer and detailed in the Purchase Order.

 

4) CONCLUSION OF THE CONTRACT

  1. a) On confirmation of the purchase order by TDA, the general terms and conditions of sale and the additional information contained on the site will be considered fully understood and accepted by the Customer.
  2. b) The Order Confirmation by TDA will be sent to the e-mail address indicated by the Customer and will constitute acceptance of the contractual proposal.
  3. c) Once the Order Confirmation e-mail has been sent to the Customer the contract will be concluded, and will be binding for both parties.
  4. d) The Order Confirmation which TDA sends by e-mail will contain the Product/s purchased; the price; payment methods; delivery costs, the right of withdrawal, in compliance with the provisions of Article 13 of (It.) Legislative Decree no. 70/03;
  5. e) Following payment, the Customer will receive an e-mail confirming receipt of the payment and, from that moment on, the times for the preparation and shipment of the confirmed order will take effect;
  6. f) Any right of the Customer to compensation for damage and/or indemnity is excluded, as well as any contractual or extra-contractual liability for direct or indirect damage to persons and/or things, caused by the non-acceptance, even partial, of an order or by the cancellation due to non-payment within the established deadline.
  7. g) The Customer views the products described on the site and accepts that product images may not fully represent the features of the product but may differ in colour, shade and size shown in the online image.

 

 5) TERMS OF PAYMENT

  1. a) Product prices are expressed in Euro and include all applicable taxes and/or duties
  2. b) Shipping charges are not included in the Product prices and their amount will be specified separately to the Customer in the purchase order summary.
  3. c) The Product price will be the one indicated on the site at the time of the order.
  4. d) The Customer may choose between the various payment methods indicated: credit card (American Express, Maestro, Visa or Mastercard) and through PayPal.
  5. e) For payment with PayPal, the Customer must provide the data requested which will be managed directly by PayPal.
  6. f) Any other unspecified forms of payment are not accepted by TDA.

 

6) SHIPMENT

  1. a) Product deliveries shall be made by courier and the times will vary according to destination.
  2. b) TDA will deliver to the Courier within 5 working days following receipt of the purchase order.
  3. c) Delivery times in the national territory will be equal to 5 working days from delivery to the Courier. For hard-to-reach locations, such as mountain areas, smaller islands, outlying suburbs, delivery times will be 10 working days.
  4. d) The Customer will receive, at the time of shipment, an e-mail notification of shipment.

 

 7) WITHDRAWAL

  1. The Customer “Consumer”, as defined in Article 3 of the (It.) Consumer Code, pursuant to articles 52 et seq. of the (It.) Consumer Code, as amended by (It.) Legislative Decree of 02/21/2014 no. 21, has the right to terminate the Purchase Contract (hereinafter “Right of Withdrawal”) for any reason, without explanation and without penalty, in the manner specified below.
  2. The Withdrawal may have as its object all (Total Withdrawal) or only part (Partial Withdrawal) of the TDA Products purchased by the Consumer.
  3. The right of withdrawal must be exercised within 14 days from the day on which the Consumer acquires physical possession of the Product(s).
  4. The right of Withdrawal is exercised by sending – before the expiration of the Withdrawal Period as stated above – a withdrawal notice (hereinafter “Withdrawal Notice”), which can be sent to TDA Srl by registered letter with return receipt to the headquarters of TDA Srl in (25020) San Gervasio Bresciano (BS), Via Circonvallazione no. 1 or by e-mail to the following address info@tda.it.
  5. The Withdrawal Notice must specify the intention to withdraw from the purchase made and must also indicate the Product/Products for which the customer intends to exercise the right of Withdrawal.
  6. Following the correct exercise of the right of Withdrawal, as outlined in articles 52 et seq. of the (It.) Consumer Code, the Customer must return the purchased product(s).
  7. The Product(s) must be Returned within 14 days from the date on which the Consumer communicated his/her decision to withdraw pursuant to art. 52 of the (It.) Consumer Code. The aforementioned deadline will be complied with if the Consumer sends or returns the Product(s) subject to Withdrawal before the 14 days’ deadline. The Consumer may return the Product(s) by shipment.
  8. The Consumer shall bear the transport costs for the return of the Product(s) subject to Withdrawal and the Return is at the Consumer’s complete responsibility.
  9. Before returning the Product(s), the Customer must check that the Product(s) subject to Withdrawal is/are intact and kept in normal condition, inserted in the original package, complete in all its parts (including packaging and ancillary documentation).
  10. Pursuant to current legislation, the Consumer will be liable only for the diminished value of the Product(s) resulting from its/their being handled in any other way than that necessary to establish the nature, features and operation of the Product(s).
  11. If the right of Withdrawal has been correctly exercised in accordance with the provisions of articles 52 et seq., TDA will reimburse the full amount already paid by the Consumer for the purchase of the Products within 14 (fourteen) days from the day on which it was informed of the Consumer’s decision to withdraw from the Purchase Contract.
  12. The amount will be reimbursed using the same means of payment that the Consumer used for the initial transaction, unless requested otherwise by the Consumer and on the condition that the Consumer does not incur any costs as a result of the refund.

Pursuant to and for the effects of art. 56 of the (It.) Consumer Code as amended by (It.) Legislative Decree no. 21/2014, TDA reserves the right to withhold reimbursement until it has received the Product(s) or until the Consumer provides proof of having shipped the Product(s), whichever occurs first.

 

8) LEGAL WARRANTY

  1. The Customer has the right to avail himself/herself of the legal warranty envisaged by articles 128 to 132 of the (It.) Consumer Code.
  2. This Warranty envisages, inter alia, that the Consumer, under penalty of forfeiture, report to TDA any lack of conformity found in the products purchased within 2 (two) months of detection (art. 132, (It.) Consumer Code).
  3. Following said report, the Consumer shall have the right to request the repair or replacement of the Product free of charge, without prejudice to the other rights envisaged in the law in his/her favour.
  4. By virtue of the foregoing legal warranty, TDA is liable for any non-conformities which appear within 2 (two) years from the Delivery of the Product. Beyond this term, TDA, therefore, will not be liable for the non-conformities found by the Consumer. In the case of Product replacement or repair, the Warranty terms relating to the replaced or repaired Product are the same as those applying to the original product.
  5. The two-year total duration of the legal Warranty shall however take effect from the Delivery of the product.
  6. In order to take advantage of the Warranty, TDA recommends that the Customer provide the payment receipt.


9) VERIFICATION OF DISCREPANCIES OF THE PRODUCTS PURCHASED

  1. In the case of alleged faults and/or defects of the product purchased, the Customer may request a visit by a TDA representative who shall ascertain and verify the actual presence of product faults/defects.
  2. Should the technician assigned, during the inspection, ascertain the conformity of the product and therefore that the Product is not faulty, the Customer who requested the visit of the assigned technician will be charged the amount of € 90.00.

 

10) APPLICABLE LAW, JURISDICTION AND COMPETENT COURT

Italian law, Italian jurisdiction and the Judicial Authority of the Courts of Brescia alone shall have sole jurisdiction to judge any dispute arising in connection with the interpretation, performance and termination of this contract.

 

11) PROCESSING OF PERSONAL DATA

The Customer’s data are processed by TDA in accordance with the provisions of the legislation on the protection of personal data, as specified in the information notice provided in the appropriate section Information notice pursuant to Article 13 of the European Regulation (EU) 679/2016 (GDPR), of which the Customer must confirm having been informed by checking the box.

 

12) SPECIFIC APPROVAL PURSUANT TO ARTICLES 1341 AND 1342 OF THE (IT.) CIVIL CODE

Pursuant to and for the effects of articles 1341 and 1342 of the (It.) Civil Code the following clauses are specifically approved: art. 3 d) shipping costs charged to the customer; art. 4 f) exclusion of liability in the case of non-acceptance of an order; art. 4 g) acceptance of the Products by the Customer based on the images viewed; art. 9 b) cost of the technician’s visit in the event of Product conformity; art. 10) applicable law, jurisdiction and competent court .

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