Terms and conditions
These conditions are only valid between the company ESSENSES SRL, with registered office at Via Buenos Aires 51, 14053 Canelli (AT) ITALY, hereinafter referred as ”ESSENSES” and any person making online purchases on the website https://eu.shop.thoo.it/ hereinafter referred as ”CUSTOMER”. These conditions can be modified and the publication date on the site is equivalent to the date of entry into force.
These terms and conditions governing purchases on https://eu.shop.thoo.it/ site, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Leg. n. 206/2005, as amended by Legislative Decree no. n. 21/2014 and the Leg. 70/2003 regarding electronic commerce.
ARTICLE 1 – Purpose of the contract
With these general conditions of sale, ESSENSES sells and buys CUSTOMER remotely movable tangible property shown and offered for sale on the site https://eu.shop.thoo.it/. The contract concludes exclusively through the Internet, by accessing the CUSTOMER at https://eu.shop.thoo.it/ and implementation of a purchase order in accordance with the procedure provided by the site itself.
The client agrees to inspect prior to confirmation of your order, the present general conditions of sale, in particular the pre-contractual information provided by ESSENSES and accept them by affixing a flag in the indicated box.
In the e-mail confirmation of the order, the CUSTOMER will also get the link to download and store a copy of these general conditions of sale, as required by art. 51 paragraph 1 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
ARTICLE 2 – Pre-contractual information for consumers – art. 49 of Legislative Decree 206/2005
The CUSTOMER before the conclusion of the purchase contract, examines the type of goods that are described in the individual product data sheets at the time of choice by the CUSTOMER. Before the conclusion of the purchase contract, and before the validation of the order with “payment obligation”, the CUSTOMER is informed regarding:
– The total price of goods inclusive of taxes, with the details of shipping and any other costs;
– Method of payment;
– The period within which ESSENSES is committed to deliver the goods;
– Conditions, terms and procedures for exercising the right of withdrawal (Art. 6 of these conditions) as well as the model withdrawal form in Annex I, Part B of the Legislative Decree 21/2014;
– Information that the Client will have to bear the cost of returning the goods in case of withdrawal;
– Existence of a legal guarantee of conformity for goods purchased;
– Conditions of after sales service and commercial guarantees provided by ESSENSES.
The CUSTOMER may at any time and in any case before the contract is concluded, take note of information about ESSENSES, geographical address, telephone number, email address, information that is reported, also the following:
Via Buenos Aires 51
14053 Canelli (AT) ITALY
Tel. +39 (0)141 856599/822389
ARTICLE 3 – Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by ESSENSES to the CUSTOMER an e-mail order confirmation. The e-mail contains the CUSTOMER data and the order number, the price of goods purchased, shipping costs and delivery address to which the goods will be sent and the link to be able to print and store the copy of present conditions.
The CUSTOMER agrees to verify the correctness of the personal data it contains, and to promptly notify ESSENSES corrections.
ESSENSES is committed to describe and present the items sold on the site as well as possible. Nevertheless, some may result from errors, inaccuracies or small differences between the site and the actual product. In addition, of the products featured on https://eu.shop.thoo.it/ do not constitute part of a contract, as only representative.
ESSENSES undertakes to deliver the goods within 30 days commencing from sending ESSENSES e-mail of order confirmation to the CUSTOMER.
ARTICLE 4 – Availability of products
The availability of the products refers to the actual availability at the moment when the CLIENT places the order. This availability must still be deemed to be indicative because, owing to the simultaneous presence of multiple users on the site, the products could be sold to other CUSTOMERS before confirming the order.
Even after sending the e-mail order confirmation sent by ESSENSES, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the product unavailable and the CUSTOMER will be notified immediately via e-mail.
If the CUSTOMER requires the cancellation of the order, resolving the contract, ESSENSES refund the amount paid within 14 days from the day ESSENSES has knowledge of the customer’s decision to terminate the contract.
ARTICLE 5 – Prices
All the selling prices of the products indicated on https://eu.shop.thoo.it/ site are in Euro and include VAT.
The shipping costs are not included in the purchase price, but they are indicated and calculated at the conclusion of the buying process before payment.
The CUSTOMER accepts the right to ESSENSES to modify its prices at any time, however, the goods will be invoiced based on the prices listed on the site at the time the order is created and listed on the booking confirmation sent by the ESSENSES.
In the event of a computer error, manual, technical, or of any other nature that may lead to a substantial change, not provided by ESSENSES, the selling price to the public, which makes it unreasonable or clearly insignificant, the purchase order will be considered invalid and canceled and the amount paid by the Client will be refunded within 14 days. from the day of cancellation.
ARTICLE 6 – Right of withdrawal
Pursuant to and for the effects of the Consumer Code, as amended by Legislative Decree no. 21/2014, the customer is given the opportunity to exercise the right of withdrawal, without penalty and without giving any reason, within 14 days schedule of delivery of the goods purchased. To exercise this right, the customer must send, within the time specified, an email address email@example.com or a letter by registered letter, in which their data are indicated, Name, Last Name, Address , order Number, telephone, description of / the product/s, if any IBAN and owner of the account where you are asked to make the transfer for the refund.
Upon the dispatch of such communication, the CUSTOMER must send, at their own expense and with a courier of their choice, the product you intend to return, including in shipping a module (see below) with your data that must be the same as those posted in communication to exercise the right of withdrawal.
The direct cost of returning the product are charged to the CUSTOMER. The cost is estimated to be equal to a maximum of about 30.00 (thirty/00) Euros. The returned product must be received by ESSENSES within a maximum of 14 calendar days from the date on which you communicate your withdrawal. Once we receive the returned product, ESSENSES proceed, to reimburse the price paid for the product/s for which he has exercised his right of withdrawal within 14 calendar days from the date on which you reported the decision of withdrawal, as long as the asset to which the withdrawal is received by the company, or has been provided unequivocal proof of delivery by courier.
The customer is responsible, and therefore not compensable, for the decrease in value of assets resulting from a different manipulation that strictly necessary to establish the nature and characteristics of the good. For personal use products, for hygienic and health reasons it is not possible to return products already in use.
The goods must be returned to:
ESSENSES SRL – Via Buenos Aires 51, 14053 Canelli (AT) Italy
All the risks associated with transporting the product returns are charged to the customer.
The goods must be returned intact in its original packaging, complete in all its parts (including packaging and any accessories) and complete the attached tax records. Without prejudice to the right to verify compliance with the above, ESSENSES will refund the amount of products covered by the withdrawal within a maximum period of 14 days, including any shipping costs. According to art. 56, paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, ESSENSES can suspend redemption until receipt of the goods or until the system demonstration by the CUSTOMER of having sent back the goods to ESSENSES.
ESSENSES perform reimbursement using the same means of payment chosen by the CUSTOMER during the purchase. In the case of debit or cash, and if the CUSTOMER intends to exercise its right of withdrawal, shall provide to ESSENSES, by accessing the contact, the bank details: IBAN and BIC SWIFT required conduct of a reimbursement by the ESSENSES.
The CUSTOMER may exercise the right of withdrawal even sending any explicit statement containing the decision to cancel the contract or alternatively transmit the model withdrawal form in Annex I, Part B, Legislative Decree 21/2014 (not mandatory) the text of which is shown below:
withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(Complete and return this form only if you want to withdraw from the contract)
Via Buenos Aires 51
14053 Canelli (AT) ITALY
Tel.: +39 0141 856599/822389
Subject: free communication
Order number: (to indicate the relative to the order number/the good/s I bought/)
Customer data: (insert full name, address, phone, email)
Product for which we exercise the right of withdrawal: (indicate brand name and product size and product code as ordered list posted in the original shipment)
In the case of purchases made by bank transfer or cash on delivery also disclose:
IBAN: (specify IBAN bank account number where you want to receive the refund credited)
Current Account holder: (Please indicate the owner of the account from which you intend to receive the redemption proceeds credited).
ARTICLE 7 – Legal Compliance Warranty
In case of receipt of products not complying with orders or defective, the CUSTOMER is entitled to recovery without the expense of conformity by repair or replacement of the product. The CUSTOMER may exercise this right if the defect becomes apparent within two years from delivery and denounces the lack ESSENSES within two months of discovery.
ARTICLE 8 – Delivery Methods
The products will be delivered by courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days. From the date of receipt by the CLIENT e-mail order confirmation sent by ESSENSES.
For every order placed on the site https://eu.shop.thoo.it/, ESSENSES emits sale proceeds (consignment note) of the goods shipped. The invoice for the products acquired by private individuals is not output since this is a sales transaction not subject to ‘duty to tax certificate pursuant to Article 22 paragraph 1 No. 1 of Presidential Decree 633 of 1972 and Article 2 of Presidential Decree 696 of 1996. An order summary that has the same tax and legal value of a traditional receipt, is sent to every customer. The invoice is available on request in the order form, then process the order, the CUSTOMER will receive the invoice by email. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the issuance of the invoice, you can not make any changes to the data indicated in the same. It is not possible to request an invoice after you complete the order without having filled the appropriate “VAT” field.
ARTICLE 9 – Liability
ESSENSES assumes no liability for disruptions caused by force majeure or unforeseeable circumstances, even if employees from malfunctions and disruptions of the Internet, if it is unable to execute the order within the time stipulated in the contract.
ARTICLE 10 – Access to the site
The CUSTOMER has the right to access the site for inspection and of acquisition. any other use, in particular commercial is not allowed, the site or its content. The integrity of the elements of this site, they are sound or visual, and its use remain the property of ESSENSES proprietary technology and are protected by intellectual property law.
ARTICLE 11 – Cookies
The https://eu.shop.thoo.it/ website uses ” cookies ”. Cookies are electronic files that record information about the navigation of the Client on the website (pages consulted, date and time of visit, etc ..) and allow to ESSENSES to offer a personalized service to its customers.
ESSENSES inform the customer of the ability to disable the creation of such files, logging into your Internet configuration menu. It is understood that this could prevent the Customer to proceed to ‘on-line purchase.
ARTICLE 12 – Wholeness
These Conditions of Sale are made up of the totality of the clauses that compose them. If one or more provisions of these Conditions of Sale is deemed invalid or declared as such under the law, regulation or following a decision by a court of competent jurisdiction, the other provisions remain in full force and effect.
ARTICLE 13 – Governing Law and Jurisdiction
These Conditions of Sale are subject to Italian law.
Any dispute which is not amicable solution will be subject to the exclusive jurisdiction of the Court of the place of residence or domicile of the Client, if located within the state.
In any case, you can optionally use the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes that arise in the interpretation and execution of these terms of sale.
Sales terms and conditions updated on 01/04/2019