General Terms and Conditions of Sales

PREAMBLE

The present General Terms and Conditions of Sales treat the purchase of products and services, made at a distance and available, through telematics and internet, on the website www.tdvm.it , belonging to : HOOMUS ITALIA SRL of which the headquarter is located in Via Roma, 18 – 96100 – Syracuse – VAT number: 01817970898 – registered at the Companies Register of Syracuse n. REA 150664 – Electronic Certified Mail : This email address is being protected from spambots. You need JavaScript enabled to view it., in the respect of the Italian legislation of which the D.lgs.n.206/2005, and successive modifications and integration (according to the Consumer Code).
Each operation will be regulated by the clause of which the D.lgs.n.185/99 and concerning the data privacy and confidentiality will be submitted to the legislation of which D.lgs.n.196/2003 and successive modifications.  

The customer, with order confirmation sending, accepts unconditionally and commits himself to observe in its relations with HOOMUS ITALIA SRL, the General Conditions and Payment Terms transcribed going forward, declaring to have read and approved all the indications supplied to him following the norms recalled above, acknowledging that HOOMUS ITALIA SRL itself is not linked to different conditions if not written agreement before.
The present General Conditions of Sales have to be examined online by the customers visitors of the website www.tdvm.it before purchases confirmation. The order confirmation sending therefore implies the global knowledge of the General Conditions of Sales as well as their integral acceptation.  

The customer commits himself, once the online purchasing process concluded, to stamp and conserve the present General Conditions of Sales, already read and approved during the purchasing process, aiming to satisfy integrally the clause provided for by articles 3 and 4 of the D.lgs.n.185/1999.

1. PRICING AND PURCHASING TERMS

The purchases of available products, as illustrated and described online in the relative products specifications, is carried out by the customer at the price VAT indicated (VAT included), to confirm at the moment of the order confirmation sending, besides the shipping cost as detailed after, and displayed all the same during the purchasing act.  For products purchasing, the customer has to follow the site instructions by adding the product to “Basket“ and, after learned about the General Terms and confirmed their acceptation, will insert his shipping and invoicing details, select the payment method desired and confirm the order. With the order sending from the website that has value of contract proposal, the customer acknowledges and declares to have learned about all the indications supplied during the purchasing process and to accept integrally the present General Conditions and Payment Terms transcribed.

Before purchasing confirmation sent to the customer, will be summed up the unit cost of each product pre-chosen, the total cost in case of purchasing of several products and the shipping cost. Confirming the purchase, at the transaction conclusion, the customer will receive an email containing the whole details of its own order. 

If some products are not available, will be given a commUniquetion by email within 24 hours. The order would be modifiable (substituting one product by another or cancelling it from the order), or cancellable within 24 hours. In the absence of answer from the buyer part, the order will be considered as confirmed only in relation to available products and the total cost will be relative to the final order, namely the goods that will be shipped to the address indicated during the registration step. In any case, the amount relative to missing products will be given back immediately following the chosen payment method.

2. INFORMATION ABOUT PRODUCTS

The information and features relatives to products are available through relatives products codes and names on our website. 

The visual representation of products on the website only correspond to the picture of 212 ml format. It is agreed that pictures of products have the unique function of presenting them for sales and could be not perfectly representative of its features and qualities but can differ from its colour, dimensions and weight. In case of difference between the image and the written product specification, will be always valid the product specification.

3. PRICING AND SHIPPING COSTS

Products prices include all taxes. All prices are stated in Euro.

Shipping to Italy: In the whole Italy, shipping is for free for orders above 100,00€.

Shipping abroad: International shipping cost is calculated according to weight and destination.

4. PAYMENT TERMS

The payment of purchased products and its relative shipping cost has to be carried out by the customer at the moment of order confirmation thanks to one of those following payment methods:

• CREDIT CARD

Accepted cards to buy in our website are:

• Visa / Mastercard
• Visa Electron
• Mastercard
• American Express
• Discover Network

To guarantee an optimal safety, the customer will do the payment transaction directly though secured bank server.

The site does not put into memory the credit card number of the customer, but thanks to the secured commUniquetion system of the referent financial institution, from the second purchase, the client who desired – with the selection of the provided option – could proceed to purchase without inserting again his bank details. The referent financial institution uses the SSL protocol to cryptograph the transmitted data between the bank’s server and the customer’s browser.

• PAYPAL

Once the order is confirmed, customer will be headed to PayPal platform where he will do the payment thanks to his PayPal account or using a card, prepaid or not, in accordance with the terms accepted by PayPal in the respect of relative conditions.

• BANK TRANSFER

The customer has to carry out the bank transfer within 3 days from the order date for relative products’ orders. In case of non-receipt payment within 3 days, the order will be cancelled and the goods put on sales again and available to other customers. The customer who did not proceed to bank transfer could contact the Customers Service to clarify the issue and understand if the missing credit is imputable to his wish of non proceed to purchase or to other causes. 

The payment through bank transfer can be complete towards our following current account:

Bank: INTESA SAN PAOLO
In the name of : HOOMUS ITALIA SRL 
IBAN: IT48R 03069 17101 100 000 002 796
BIC/SWIFT: BCITITMM

The object to copy out on the bank transfer has to indicate ONLY THE DATE AND THE ORDER NUMBER (ex. “Order n.2568 06.06.2018).

5. SHIPPING TERMS

The purchased products will be delivered to the address indicated by the customer. Express courier will deliver all purchases from Monday to Friday, holidays and public holidays excluded. HOOMUS ITALIA SRL is not responsible for non-forecasted delays or non imputable to its activity.

Once products have been shipped, the customer will receive a confirmation email in which will be provided a link to track the package. In any case, except force majeure or fortuitous case, the ordered items will be delivered within 7 (seven) working days in Italy and 20 (twenty) working days for international shipping from the successive day for which HOOMUS ITALIA SRL has confirmed the order to customer by order confirmation.

The haulier will not carry out preventive calls nor manage specific delivery request at particular time.

6. RIGHT OF WITHDRAWAL

The customer has the right to cancel the buying contract by any grounds, without the necessity of providing explanations and without any penalties, except the exclusion case provided by the successive point III. To exercise this right, the customer has to send to HOOMUS ITALIA SRL a commUniquetion via electronic certified mail within 14 days from the delivery date of the products by using the following module facsimile. In case of withdraw before products delivery, the withdrawal commUniquetion can be sent at any time before delivery.

Module type to exercise the right of withdrawal (in accordance with the article.49, paragraph 1, lett. H), d.lgs. 21/2014)

Company HOOMUS ITALIA SRL

By the present I notify my withdrawal of the following purchase order:
- Order n.__________ ordered dated ___________________________ (and received dated ____________________ )

- Name of the subject who completed the order:_____________________________________________________

- Shipping address of the order: ______________________________________________________________________________________________ ______________________________________________________________________________________________

- Bank details for refund (fill in only in case of payment by bank transfer):

IBAN______________________________________________________

Date ___________________
                                                                                                                     Signature ______________________________

This commUniquetion has to be sent by electronic certified mail to the address: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Once the commUniquetion is received, the Customer Service will be in charge of opening a procedure to manage the return of goods and commUniquete to the customer the instructions about the withdrawal terms.

The right of withdrawal is disciplined by following conditions:

1. In case of exercise of the right of withdrawal HOOMUS ITALIA SRL will refund the amount of the returned goods to the customer, shipping cost excluded, within 14 days from the date in which the withdrawal has been submitted, keeping the right of suspending/postponing/modifying the refund until the effective receipt of the goods and check of their integrity. The refund will occur using the payment method used by the customer, except if this one asked expressively a diverse term of payment. In case of bank transfer, the customer has to provide his bank details in which he wants to obtain the refund (account holder, name and address of the bank and IBAN).
2. Moreover, in order to guarantee the gratuitousness of the restitution in accordance with the successive article 8, products have to be returned in the same box in which they have been received.

• The right of withdrawal is excluded in the following cases, in accordance with the art.59 D.lgs. 21/2014:

- Order of products commissioned custom-made or personalized;
- Order of products with risks of deterioration or quick expiration;
- Order of sealed products that are not allowed to be returned for hygienic reasons or linked to the health protection or that have been opened after delivery.

Therefore, for grounds of customers’ safety, the right of withdrawal is applicable uniquely for products purchased in our website that can be returned or put on sale without putting the consumers health in danger. 

This right is applicable to every product on sale on the website www.tdvm.it, with formal exclusion of products sealed delivered and then opened by the customer or products that feature clear anomaly or alteration. 

In case of non-acceptation of the returned product because opened by customer and/or in the absence of conditions detailed above, the product will be send back to the customer with shipping cost to be paid by the latter. 

Again in accordance with the D.lgs. 185/99, it is specified that the right of withdrawal is exclusively reserved to customers defined as “consumers”, namely the natural persons who buy the products for personal use and who behave to non professional ends, therefore with exclusion of retailers, wholesalers or any other professionals.

7. GUARANTEE AND LACK OF CONFORMITY

In case of lack of conformity of the items sold by the website www.tdvm.it, the customer has to contact immediately the Customers Service using the contact form available on the website.

The customer has the right, without expenses, to substitute the non-compliant product, or to cancel the contract with the total refund of the order.The customer has lost his right if he does not denounce the lack of conformity at the end of two months from the date in which he discovered the defect, still if the product is not perishable or subject to expire quickly, in this case the defect will have to be denounced in a shorter time.

8. MISTAKES AND RESPONSIBILITY RESTRICTIONS

Information relative to provided products through the website are constantly updated. However, it is not possible to guarantee the total absence of mistakes on those, therefore HOOMUS ITALIA SRL could not consider herself as responsible, except in cases of intentional fault and serious misconduct.  

The company holding the website, retains the right of correcting mistakes, inaccuracies or omissions even after an order has been sent, or modifying or updating the information at any time without preventive commUniquetion, considering the rights of customers in accordance with the present General Terms and the Code of Consumption. 

Except in cases of intentional fault and serious misconduct, is excluded each customers’ right to damages compensation or indemnity recognition, as well as any contractual or extra contractual responsibility for direct or indirect damages to persons and/or things, provoked by the missing acceptation or treatment, even partial, of one order.

9. CLAIMS

Each eventual claim has to be sent to HOOMUS ITALIA SRL using the contact form available on our website, public holiday excluded, or by electronic certified mail to the following address: This email address is being protected from spambots. You need JavaScript enabled to view it.

The HOOMUS ITALIA SRL commits herself to answer every submitted complaint within 7 working days.

10. APPLICABLE LAWS AND COMPETENT COURT

The contract of sale between the customer and HOOMUS ITALIA SRL is understood concluded in Italy and regulated by Italian laws. For any controversy relative to the validity, interpretation or execution of the same contract, the territorial competence is set up by the judge of the place of residence or home of the consumer, if located in the State territory. In all other cases, the territorial competence is exclusively the Court of Syracuse.