General Conditions of Sale

Index

  1. General Provisions
  2. Information on the Products. Availability
  3. Prices of the Products
  4. Procedure for the execution of the sales contract
  5. Payments
  6. Shipping of the Products. Delivery.
  7. Customer Support
  8. Right and procedure to withdraw
  9. Data Processing
  10. Warranties
  11. Applicable law. Jurisdiction and venue
  12. Amendments and update
 

1. General Provisions

These General Conditions of Sale (hereafter, “GCS”) shall govern the offering and sales of Trussardi products (“Product” or “Products”) within the E-shop on the website www.trussardi.com (“Website”).

Any offering and the sale performed on the E-shop of the Products shall form a distance contract of sale under Legislative Decree 206/2005, Chapter I, Title III, articles 45 and following (“Consumer Code”) and Legislative Decree 70/03, on e-commerce.

Users are required to carefully read the GCS, which are available on the Website, in order to take knowledge thereof. The GCS may be amended at any moment. Any amendment, or the introduction of any new GCS, will be effective upon publication thereof in the Legale Area section of the Website; we therefore invite the users to access the E-shop on a regular basis, in order to be constantly informed on the most recent applied version of the GCS. In any case, each distance contract of sale shall be governed by the version of GCS in force at the date of submission of the purchase order.

The Products purchased from the E-shop are offered and sold by TRS Evolution S.p.A. with registered offices in Milan, Piazza della Scala 5, Reg. with Business Registry, Tax ID and VAT Reg. No. 01708280167, Share Capital € 21.567.377 (“TRS”).

The sales activities carried out through the E-shop of the www.trussardi.com website and governed by these GCS are reserved to final consumers on an exclusive basis. “Final Consumers” shall mean individuals, older than 18 years old, who act for purposes that are not connected with their commercial, business, craft or professional activities.

The purchases made by any retailer, wholesaler or, in general, anyone who intends to purchase the Products with the purpose of reselling them shall be rejected. Said operators and anyone who is not a Final Consumer shall be banned from placing orders on the E-shop.

In the case where you are not a “final consumer”, we invite you to refrain from concluding any transaction through the E-shop and directly contact TRS using at the address info@trsevolution.it. Differently, we hereby reserve any right to not process any order placed by any non-final consumer or which does not meet these GCS in any way.

Users shall not purchase no more than 4 (four) identical items  in the same order placed on the Products E-Shop.

In case of default of said prescriptions or in the case of any order, placed by anyone, which does not meet the requirements established as regards the quantity of purchased products or the frequency of purchases, TRS reserves the right to take any action required for removing the default, including the measures of rejecting or cancelling any non-compliant order or, if required, and subject to prior consent by Trussardi S.p.A., suspending said users from the access to the E-Shop.

TRS reserves the right to reject or cancel any order placed by: i) any user who is engaged with it in a legal dispute, including any off-court dispute; ii) any user who have previously breached the terms and/or conditions of the purchase contract with TRS; iii) any user who was involved in any kind or fraud and, namely, any fraud concerning credit card payments; and lastly, iv) any user who submitted false, incomplete or in any case non accurate identification data or who did not timely submitted to TRS any information and/or documents requested by it within the scope of the random checks which are carried out for the purpose of ensuring the security of payments or who submitted non-valid documents.

These GCS govern only the sales of the Products through the E-shop, and they do not govern, on the other hand, the supply of services or the sales of product carried out by any entities other than TRS which are present on www.trussardi.com by means of links, banners or other hyperlinks. We advise you, before carrying out any commercial transaction with said entities, to check their conditions of sales, in consideration of the fact that TRS does not carry out any control or monitoring on the websites which may be accessed through said links, and therefore it shall not be held liable for the supply of services by any third party other than TRS or the execution of e-commerce transactions between the users of the site and any third party.

The GCS shall apply to the following Countries: Italy, France, Germany, Poland, United Kingdom, Greece, Holland, Spain, Belgium, Portugal, Austria, Sweden, Finland, Denmark.

Each one of the above countries shall be associated to a specific section of the E-shop. Each user located in one of the Countries listed above is entitled to purchase the Products. To this end, we hereby inform you that the E-Shop, by collecting the data of your IP address, is capable to identify the Country from which you are accessing, and therefore it can automatically associate you IP address to the Country from which you are accessing the E-shop. However, you have the option to modify the Country of navigation in any moment - up to the check out from the E-shop; in this case, we hereby inform you that such procedure will imply the automatic cancellation of the pending purchase procedure and the redirecting to the homepage of the Country which you selected.

 

2. Information on the Products. Availability

The pages of the E-Shop hosted on the Website include all the information on the Products, including their respective unique code and sale price.

The images and the descriptions included on the E-Shop reproduce the features of the Products as closely as possible. The colours of the Products depicted in the images, however, may differ from the real products due to the settings of the IT systems or of the computers used by the user for displaying them, or the images may differ in terms of dimensions, or as regards any ancillary products. Said images are therefore provided as a guidance only and according to the usual tolerances. For the purposes of the purchase contract, the Product description included in the order form submitted by the user shall govern.

The Products available on the E-Shop may not form the full offering of the Products present in the Trussardi stores and vice versa. TRS reserves the right to limit at any time the quantity and/or type of Products that may be purchased through the E-shop. The style, the models and the colours of the Products described in the E-Shop may be modified without any prior notice.

The availability of the Products is monitored and updated on a constant basis with the purpose of providing the users with the most accurate information about the Products which may be purchased on the E-Shop. However, it is possible that more than one user purchases, at the same moment, the same Product. In such cases, therefore, the Product may appear to be, for a short period of time, available, while it is actually out of stock or not immediately available because pending restocking. During the purchase procedure, in the case where the order cannot be processed due to the unavailability of the ordered Product, the user will be informed through an automatic message. TRS shall not be held liable towards the user in case of any lack of availability of a Product if it occurs before the execution of the contract.

If, after the execution of the sale, the Product results to be not available, the user will receive a notice by e-mail. Upon reception of the e-mail message, the user may terminate the sales contract or, at its option

  1. In the case where the possible restocking of the product is declared to the user: confirm to TRS to be ready to wait for the new delivery of the Product
  2. In the case where the restocking of the Product is impossible, the user may decide to opt for a different product, of equivalent or greater value, subject to prior payment of the price difference, if any.

The user shall timely notify his decision to TRS, using the reply e-mail address stated in the e-mail notice sent by TRS.

In case of termination of the sales contract, TRS shall refund the price of the Product and the shipping costs which were already paid by the user, if any, within 15 working days of the date on which the user notified to TRS his intention to terminate the contract.

The amount of the refund will be notified to the user by e-mail and will be credited to the same payment mean employed by the user for the purchase.

Any delayed credit may be depend from the bank institution, the type of credit card or the payment solution that were employed. In any case, the value date of the refunded sum will be the same of the original charge.

If the Product which is not available is part of an order including multiple Products and the unavailability concerns only one or certain Products, the users will receive an e-mail notice specifying the unavailable Product/s. Upon reception of the e-mail notice, the user may terminate the sales contract, limited to the unavailable Product/s or, at its option

  1. In the case where the possible restocking of the Product/s is declared to the user: confirm to TRS to be ready to wait for the new delivery of the Product/s.
  2. In the case where the restocking of the Product/s is impossible, the user may decide to opt for a different product, of equivalent or greater value, subject to prior payment of the price difference, if any.

The provisions established under the previous paragraphs shall apply.

The termination of the whole order, of which only one or certain Product are unavailable, will be possible only in the case of clear and proven accessory relationship of the ordered Product/s which became unavailable with regards to the remaining ordered Products. In the other cases, the termination will concern only the portion of the order concerning the unavailable Product/s.

The provisions established under Italian Civil Code (Chapter XIV of Title II of Book IV) and the Consumer Code (art. 61, IV and V paragraph) shall apply.

 

3. Prices of the Products

The price of the Products is expressed in Euro (or in the local currency if outside European Union) and shall include the Value Added Tax - VAT and any other applicable tax or levy.

We hereby inform you that it may occur that the price applied to the Products is different based on the different Countries in which a purchase through the E-Shop is possible. Said difference may be caused by any different applicable tax or by the specific trading policy established by TRS or by the trademark holder in certain geographical areas.

TRS reserves the right to modify the price of the Products, in any moment, without any prior notice, without prejudice for the fact that the price charged to you will be the price stated on the E-Shop when the order is placed and it will not be modified by any increase of decrease following the submission of the order itself.

Under the current legislation, in the case where the Products are sold at a reduced price, the product card will state the full reference price base on which the discount is calculated and the actual applied price net of the discount.

 

4. Procedure for the execution of the sales contract

In order to execute the sales contract concerning one or more Products on the E-Shop, you shall fill the order form in electronic format and submit it to TRS by IT means, by following the instructions which will be displayed on the screen from time to time.

Before submitting an order proposal through the E-Shop, we hereby invite you to carefully read all the instructions provided during the purchase procedure (including the instructions concerning the shipping costs, the right to withdraw and the procedures established to exercise it and the privacy information) and also these GCS.

Moreover, we hereby invite you to carefully review the data submitted by you in the order form, in order to correct any incorrect data.

Before submitting the order for the Products, the System will ask you to carefully review these GCS, the notice on the right to withdraw, and to endorse these GCS by flagging the appropriate space which will appear on the screen.

By submitting the order form you will confirm to have read and agreed to these GCS, and also any further information included in the Website, even if recalled by link, including the General Conditions of Use of the Website, the Privacy Policy and the Notice on the Right to Withdraw.

The submission of the order form shall constitute a purchase proposal concerning the selected Product/s, governed by these GCS and, subject to the right to withdraw will be binding for you (without prejudice for the right to withdraw granted to you under the current legislation and these GCS). The submission of the order form implies your obligation to pay the price of the ordered Product/s.

The sales contract shall be deemed executed when the relevant order is accepted by TRS. This will occur when an e-mail confirming the take over of your order will be sent to you, directly at the address stated by you in the order form. Said confirmation e-mail will include a summary of your order, the details on price and modes of payment selected by you, the information on shipping costs, the conditions and the procedure established for exercising the right to withdraw (including the exclusion from the right to withdraw in the case where you purchased custom Products), a contact address for submitting any complaints, the information about after-sales support and the current trade warranties, it will include a reminder on the possibility to use the independent and institutional conciliation service, named RisolviOnline, offered by the Arbitration Chamber (Camera Arbitrale) of the Milan Chamber of Commerce and, lastly, a copy of these GCS will be delivered to you.

Your order form will be stored in the TRS database for the period of time required for processing your order and in any case it will be stored for the term allowed by the current legislation. In the case where you are registered on the website, a copy of your order will be always be at your disposal in the section named “Orders”.

 

5. Payments

The payments of the price of the Products and their relevant shipping and delivery costs may be carried out by using one of the modes of payment listed in the order form, which are currently credit card or Paypal.

In case of payment by credit card, the financial information (for example, the number of credit/debit card or its expiration date) will be forwarded, through an encrypted protocol, to the payment service providers which supply the relevant remote electronic payment service, without any access by TRS or any other third party. TRS shall never use said information for other purposes than completing the procedures regarding your order and to issue the relevant refunds in case of any return of the Products, following the exercise of your right to withdraw, or in the case there is the need to prevent or report the commission of any offences through the Website to the Police Authorities.

In case of payment through Paypal, you will be redirected to the www.paypal.com site where you will be able to perform the payment of the Products based on the procedure established and governed by Paypal and under the terms and conditions of the contract agreed between you and PayPal. The data submitted on the website of Paypal will be directly processed by the latter and will be not forwarded or shared with TRS, which will be not be therefore able to know nor to store in any way the details of your credit card linked to the PayPal account, or the details of any other payment mean connected with your PayPal account.

The price for the purchase of the Product/s and the shipping costs, as stated in the order form, will be charged to you upon shipping of the purchased Product/s, without prejudice for the temporary charge, if any, required to check that your credit card is valid. It is hereby acknowledged that, following the performance of the order, said temporary charge will be revoked and replaced by the corresponding amount due by you. The temporary charge will be obviously revoked in case of cancellation of the order.

In case of payment by means of PayPal, you will be charged by PayPal with the price due by you for the placed order upon execution of the on-line contract which will take place according to the procedure above. In case of termination of the sales contract, and in any other case where TRS will be obliged to refund you with the price of the purchased Products, the amount of the refund due to you will be credited to your PayPal account. The timeframe for accreditation on the payment mean linked to said account depend solely on PayPal and the banking system. Once the credit order to your account has been issued, TRS shall not be held liable for any delays or omissions in the crediting of the refunded amount to the user and in order to submit any complaint you will have to directly contact PayPal.

In order to ensure the security of the payments made on the E-Shop and prevent any frauds, TRS reserves the right to request the user, via e-mail, to submit by fax message or post, a front and back photocopy of their valid ID card or, if the holder of the order and the holder of the credit card/PayPal account are different, also a copy of the ID card of the holder of the credit card/PayPal account. TRS may request the authorisation code of the transaction concerned by the purchase order of the Products.  The e-mail containing the request shall state the time limit within which the requested documents must be submitted. Pending such time limit, which in any case shall not exceed five working days, the order shall be considered on hold.

If you failed to submit the requested documents/information within said time limit, or in the case where they are not complete or valid, the contract shall be deemed terminated under art. 1456 Italian Civil Code and thus automatically cancelled, without prejudice for the right of TRS to claim compensation for any damage occurred to TRS itself and caused by you.

In case of submission to TRS of the valid documents/information within the stated term, TRS shall process the order and the delivery times will start from the date of receipt of said documents/information.

The trade invoice is issued upon shipping and will be delivered by means of e-mail to the address provided by you.

 

6. Shipping of the Products. Delivery.

In the order form, you will be entitled to state whether you opt to receive the Products ordered by you at the selected address or at a Trussardi store located in your country of purchase, selected by you among those listed in the order form.

In case of delivery by courier, your signature (or the signature a person representing you) is required. The courier may require the production of an ID card by the person who collects the package. We hereby remind you that we do not ship to post office boxes.

Deliveries by courier are carried out during working days (excluding therefore, Saturdays, Sundays or local or National holidays). The deliveries will be carried out within 4 working days of the date of the order confirmation (excluding the occurrence of Acts of God or unforeseeable circumstances). Upon delivery of the Products by the Courier, please check:
(i) that the number of delivered items matches the number stated in the delivery note; and
(ii) that the packaging and its relevant seals are intact, not damaged nor wet or in any case tampered.

Any damage to the packaging and/or to the Product or any mismatch of the number of items or of the instructions which must be immediately notified by stating a complaint on the delivery note of the courier. If so allowed by the legislation in force, once you have signed the document of the courier without stating any objection, you will be no longer entitled to file any complaint about the outer features of the delivered item; the above without prejudice for any complaint concerning the products and which are not related to the delivery procedure.

In the case where you opted for the collection at a boutique, you will be notified by e-mail of the delivery of the products at the selected store. In this case, you shall collect the purchased products on or before seven days of the delivery of said notice by submitting a copy of the received e-mail. In case of failed collection of the products within said 7 days term, the purchase contract shall be deemed automatically terminated for any purpose. As a consequence, the collection of the Products shall be no longer possible, and they will be returned to TRS, by the staff of the selected store, or they will be offered for sale to other customers. Following the termination of the contract for the purchase of the Products, you will be refunded the paid price according to the terms and the procedures established in the Refunds section at 8. Right and procedure to withdraw.

Please remind that, when you check in at the store selected for the collection of the order, the sales staff will also ask to see one of your ID cards. Then, please remember to bring one with you. In the case where you appoint a third party to collect the Product, your representative must submit, in addition to the email confirming the shipping, also a photocopy of your ID card together with a proxy and his or her ID card.

Please remind that the payment at the store is not possible, with the consequence that the cash on delivery payment option will be excluded if you opt for the delivery at our store.

Please visit the Shipping Cost page for all the specific shipping and delivery options for the products. Please read carefully the information contained therein because they form integral and substantial part of these GCS and, therefore, they are deemed to be fully known and accepted by you upon submission of the order form.

Please note that the collection of the ordered products forms an obligation established by the sales contract executed by you. Therefore, in the case where you are not present for the first delivery attempted at the address specified in the order form, the courier will leave an attempted delivery notice stating its contact number in the post box. The courier will then make a second delivery attempt. After two failed attempts of delivery, the package will be put “on hold”. TRS will send then an e-mail to you in order to agree the date of the last attempt of delivery. If required, we may agree with you a different delivery address than the one originally specified by you.

If also this attempt fails or the user does not reply to the attempted contact by TRS, the Product will be returned to TRS and, in any case, after 30 working days of the first attempted delivery, the agreement will be deemed terminated and, as a consequence, the order will be cancelled under art. 1456 Italian Civil Code. TRS will then, within 5 working days of the termination of the agreement, refund to you the sum paid by you, deducting the costs for the failed attempted delivery of the Products, the costs for the return to TRS of the non collected Product and any other cost incurred by TRS due to the failed delivery caused by the absence of the recipient. The termination of the agreement and the amount of the refund will be notified by e-mail to the user. The refund will be credited to the same payment mean that you used for the purchase.

 

7. Customer Support

You can request any information through our customer serviceat any time. For further details, please access the Customer Service area of the Website.

 

8. Right and procedure to withdraw

Right of withdrawal

As a consumer, you have the right to cancel this contract for the purchase of the Products, without providing any reason and at no extra cost other than the costs established in the paragraph “Collection costs” below, within thirty calendar days. The cancellation period ("Cancellation Period") expires after 30 days:

  1. for orders containing a single Product, from the date on which you, or a third party nominated by you, come into physical possession of the Product;
  2. for orders containing more than one Product, with separate deliveries, from the date on which you, or a third party nominated by you, come into physical possession of the last of said Products.

To exercise your right of withdrawal, you must inform TRS in advance, and in any event before the expiry of the Cancellation Period, of your decision to withdraw.

Said notification may be provided in one of the following ways:

  1. if you are a registered user, by accessing the “My Account” page, entering the “Orders” section and selecting the order for the Product/s for which you intend to exercise your right of withdrawal;
  2. if you are not a registered user, and have therefore made your purchase as a “Guest”, by contacting Customer Care at:  https://www.trussardi.com/it/it/contactus

You will be considered to have correctly exercised your right of withdrawal within the Cancellation period if the notification informing TRSS of your desire to cancel the purchase contract is sent before the expiry of the Cancellation Period. Please note that it is your responsibility to prove you have exercised your right of cancel correctly and within the terms indicated above; it is therefore in your interest to keep suitable proof that the aforementioned notification has been sent.

The Products for return must be given to the DHL courier no later than 14 (fourteen) calendar days from the date on which you notified TRS of your decision to cancel the purchase contract, using the procedure indicated in the paragraph “Procedure for returning Products” below, a summary of which will also be included in the e-mail you will receive from us, also containing confirmation that the cancellation procedure is now under way, the number of the DHL courier to contact for collection and the codes to give to the operator.

 Procedure for returning Products

The Products must be returned in their original packaging, complete with labels, packs/boxes and accessories. On the pack/box of the Product to be returned, you must place the pre-printed, pre-paid label you will find inside the package in which the Product was delivered to you.

The Products to be returned must not have been used, worn or washed.

Damaged Products may not be returned; they will be sent back to you, and you will be charged once more for shipping.

Il corriere ritirerà il pacco presso l’indirizzo da te indicatogli in una specifica data e ora e provvederà a riconsegnarlo in magazzino. Una volta che il magazzino avrà ricevuto il pacco e avrà controllato la conformità della merce, riceverai una mail che ti indicherà se il reso è stato accettato.

Se il reso è stato accettato, la somma pagata sarà riaccreditata sul mezzo di pagamento utilizzato per finalizzare l’acquisto e ti verrà spedita una mail di conferma

The DHL courier will collect the package on the date and in the place arranged, and will deliver the package to the warehouse to check that the conditions for the return of Products have been complied with.

We will contact you by e-mail to confirm whether your return has been accepted. If it has, we will refund the sum paid using the same method with which TRS received your payment.

Collection costs

Costs for the collection of the Products will be paid in full by TRS.

However, if you decide to use a courier service other than DHL, you will be charged in full, and held fully responsible, for the return of the Products. In this case, you must inform TRS of your intention to use another courier when you notify us of your intention to exercise your right of withdrawal. In this case, in the e-mail confirming the cancellation process is under way, you will be given instructions on how to proceed with a courier other than DHL. This is without prejudice to any measures regarding the terms within which the Product must be handed over to the carrier of your choice, and to the Cancellation Period.

Refunds

If you cancel the purchase contract, we will refund the amount owed to you within thirty days from the date on which we receive the package containing the Product returned by you, and once we have verified that the Product has been returned in the conditions set forth in the paragraph above “Procedure for the return of Products”.

The sum paid will be refunded using the same method with which TRS received your payment, PayPal or credit card. You may verify that the refund has been made within 4-5 working days from the date on which you received the e-mail containing notification of acceptance of the return.

We will send you an e-mail confirming the refund.

If you used a discount code for the purchase of the Product returned, the refund will be limited to the difference between the effective value of the purchase and the value of the discount.

Return not accepted

If the right of withdrawal has not been exercised in compliance with the applicable regulations, the contract will not be cancelled, and you will not be entitled to any refund. TRS will notify you within 30 days from the date of receipt of the product, rejecting the request of withdrawal. If TRS has already received the Product, it will remain at your disposal for collection, for which you will be charged and held fully responsible.

 

9. Data Processing

Please access the information page on Personal Data Processing for any information about the processing of your personal data.

Please review also our General Conditions of Use.

For any further information about our Privacy Policy you may write to the following email address: privacy@trussardi.com or to the address of our corporate headquarters Trussardi S.p.A., Piazza della Scala n. 5 – Milano 20121, Italy.

 

10. Warranties

Any product sold on the E-Shop will be covered by the statutory warranty of conformity established under articles 128-135 of Legislative Decree 206/2005.

The statutory warranty is reserved to final consumers, as defined in paragraph 1 before.

TRS shall be liable towards the purchasers of the Products for any lack of conformity present upon delivery of the Product and which arises within 24 months of the date of such delivery. The lack of conformity must be reported to TRS, under pain of forfeiture of the warranty, on or before two months of the date of its discovery.

Unless differently proven, it is assumed that any lack of conformity which arises within six months of the delivery of the products were already present at that date, excepting the case where said assumption is not compatible with the nature of the Product or the nature of the conformity fault. Starting from the seventh month after the delivery of the Product, you will have the burden to prove that the lack of conformity was already present upon delivery thereof.

In order to benefit from the statutory warranty, in the first place you will be the obliged to provide evidence of the date of purchase and delivery of the Product, and for this reason, we hereby invite you to keep the purchase invoice which will be delivered to you and also the shipping document or any other document which may prove the date on which the purchase was made (e.g. the credit card or bank statement) and the delivery date.

The warranty on conformity of the Product shall apply whenever the purchased Product:

i. is not suitable for the use for which goods of the same type are employed;

ii. is not consistent with the description made by the seller and the good does not possess the qualities which the seller presented to the user in form of sample or model;

iii. does not meet the usual qualities or performance levels of a good of the same type, which the consumer may reasonably expects, keeping also in account the representations made in the advertising or in the labelling;

iv. is not suitable for the specific use desired by the consumer and which was declared to the seller upon execution of the agreement and which the seller accepted.

Each and any other fault not listed in the points under i. to iv. above shall not be covered by the warranty on conformity.

In case of a conformity fault which was duly and timely reported, you will be entitled:

i. primarily, to the free repair or replacement of the Products, as selected by you, unless the requested remedy is objectively impossible or unreasonably expensive if compared to the other;

ii. secondarily (i.e. in the case where the repair or the replacement are impossible or unreasonably expensive or the repair or replacement were not carried out within reasonable time or the previously repair or replacement caused significant inconvenience to the consumer) to the reduction of the price or the termination of the agreement, as selected by you.

Unreasonably expensive means the remedy which implies unreasonable costs to TRS if compared to the alternative remedies which may be taken, keeping in account (i) of the value of the Product if the lack of conformity was not present; (ii) the incidence of the lack of conformity; (iii) the possibility that the alternate remedy can be carried out without any serious inconvenience for You.

In the case where a product purchased on the E-Shop, during the term of validity of the statutory warranty, shows a fault which may be classified as a lack of conformity, you may contact the Customer Service by using the following address: customerservice@trussardi.com. The Customer Service will give prompt feedback to you, and it will furthermore list the procedure to be followed.

The Product which you believe that is affected by a lack of conformity shall be returned to TRS, in order to carry out the appropriate checks.

A pre-paid return courier service supplied by DHL is at your disposal for returning the Product affected by a suspected conformity fault. For this purpose you may use the pre-printed and pre-paid label included in the package containing the Product, placing it on the package of the good to be returned and following the procedure listed in sheet attached to the label itself. TRS reserves the right to require you to include in your request the purchase invoice ad/or the Shipping Document or any other document proving the date of purchase or the delivery date.

 

11. Applicable law. Jurisdiction and venue

The GCS are governed by the Italian legislation and, namely by legislative decree 06 September 2005 no. 206, on the consumer code under Chapter I “On the rights of consumers in contracts”, with specific reference to the legislation on distance agreements and by legislative decree 09 April 2003 no. 70 on certain matters concerning the electronic commerce.

Without prejudice for the application to the users who are not habitually residing in Italy of any more favourable and statutory provision provided by the legislation of the country where they normally reside, namely as regards the term for exercising the right to withdraw, the term for returning the Products, in case of exercise of said rights, the procedures and formalities established for claiming it and the statutory warranty on conformity.

The courts sitting in the place of residence of the user or where the latter has elected his or her domicile will have the competence on any dispute concerning the application, performance and interpretation of these GCS.

In case of any dispute between TRS and each final user, which may arise from these GCS, TRS hereby undertakes to fully endorse and accept the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service offered by the Arbitration Chamber of the Milan Chamber of Commerce, which allows to reach a satisfactory settlement, with the support of a neutral and skilled conciliator, on the Internet. Please visit the www.RisolviOnline.com website for further information on the RisolviOnline regulations and to submit a conciliation request.

We furthermore inform you that the European Commission offers a platform for the alternate out-of-court settlement of disputes, which may be accessed on the http://ec.europa.eu/odrwebsite. It can be accessed by any final consumer residing in a European Union member state which is not Italy, as long as the claim has a low value (the value of the dispute shall not exceed Euro 2,000.00, excluding any interests, fees and costs) under Regulation (EC) no. 861/2007 of the Council of 11 July 2007.

 

12. Amendments and update

These GCS may be amended over time, also following any changes in the legislation. We therefore invite you to always check this page. The new GCS will be effective from the date of their publication on the Website.

August 2017