The purpose of these General Terms and Conditions of Sale (hereinafter "GTCS”) is to inform any potential purchaser ("Customer") of the terms and conditions under which TOMAS THAN s.r.l. (hereinafter "TOMAS THAN" or the "Seller") sells and delivers products ordered on its website www.tomasthan.com (the "Website"), and establish the rights and obligations of the Customer and the Seller (together, the “Parties”) in relation to such sales.
These GTCS apply, without restriction or reservation, to all orders for products offered by TOMAS THAN on its Website (the "Orders").
In order to place an Order on the Website, the Customer shall consent to these GTCS without reservation.
The GTCS that apply to an Order are the GTCS the Customer accepts when placing the Order.
These GTCS are supplemented by the Website’s General Terms and Conditions of Use (GTCU) and the “Personal Data and Cookies Policy.”
Article 1. Identity of the Seller
Name: TOMAS THAN s.r.l.
Address: Viale Piave 4, 20129 Milano, ITALY C.F. & P. IVA n.: 08424220963
Article 2. Products - Prices and Payment Terms
2.1 Product Description
The Customer may choose one or more products from the various categories advertised on the Website (the "Products").
TOMAS THAN may at any time change the selection of Products offered for sale on its Website, depending in particular on supplier-related constraints, although such a change shall not affect pending Orders.
The Customer can read the description available on the Website about the key features of the Product(s) they wish to order prior to placing an Order.
When presenting Products on the Website, TOMAS THAN attempts to accurately present and describe Products. However, while every effort is made to ensure that, in the Product photos displayed on the Website, the hue, color, and/or brightness of the Products are faithful to the original Products, variations may occur, in particular due to technical hardware limitations on colors rendering.
For any questions related to the Products and their use, or any further questions or requests for advice, the Customer may contact TOMAS THAN's customer service by email to the following address firstname.lastname@example.org.
Product offers made on the Website are valid while supplies last. TOMAS THAN retains the right to refuse an Order. In case of limited editions, quantities ordered by client can be restricted.
Product-availability information is provided to the Customer when the Order is placed. in exceptional cases, there may be some errors.
If a Product becomes wholly or partially unavailable after the Order is placed, the Customer will be informed by email as soon as possible that the Product is unavailable and that the Order has been wholly or partially cancelled.
In such case, the price of the unavailable product the Customer ordered shall be refunded to them as soon as possible, and no later than 7 business days after the Customer's payment.
If some Products are not available the Customer can inquire any time in the inquire section of the Product page.
2.3 Product Prices
The price of each Product is quoted in EUR euros in Europe and in the UK. In the USA or anywhere else in the world, prices are displayed in US dollars.
The price of each Product includes VAT and import duties. Taxes, preparation fees, shipping fees and duties are included in the price. The shipment is DDP (Delivered Duty Paid) which means that the recipient of the shipment must not take charge of any eventual import duties.
TOMAS THAN reserves the right to change at any time and without prior notice the prices of Products offered on the Website.
2.4 Ordering and Paying
Before validating the Order by clicking on "Confirm my order", the Customer always have the ability to check the details of their tentative Order and correct any errors.
By clicking on “Confirm my order”, the Customer acknowledge that they have read and agreed to the General Terms and Conditions of Sale.
The distance selling agreement is concluded at that moment.
Once this step has been validated, the Order will be confirmed to the Customer by email.
Orders may be paid by credit card only. The Website accepts Visa, Mastercard, Maestro and AMEX. For accelerated checkouts the Customer can use Apple Pay, Google Pay, PayPal and Shop Pay.
The Customer’s credit card is debited automatically once the Customer purchase. If an ordered Product is unavailable, the price of such unavailable Product will not be invoiced nor debited.
The Customer must save and print their Order and Payment confirmation if they wish to keep the details of their transaction.
The Customer shall be informed by email when their Order has been shipped.
Purchases made via the Website are reserved to non-professional private customers for their own use (or as gifts); TOMAS THAN therefore sells its products solely in quantities that correspond to the average usual household needs. TOMAS THAN reserves the right to refuse or cancel, for any reason, any Order for a number of Products (in a single order or several orders combined) exceeding average usual household use, any Order that implies that the Customer is carrying out an economic activity in connection with the ordered Products, or more broadly, any unusual Order within the meaning of applicable case law.
TOMAS THAN retains the right to suspend or cancel the fulfilment and/or delivery of an Order, regardless of its nature and the extent to which the Order has been filled or delivered, in case of payment default or partial payment of any amount owed by the Customer, a payment incident, or fraud or attempted fraud related to the use of the TOMAS THAN Website.
Article 3. Product Delivery
3.1 Delivery Terms Delivery Address
Delivery is accepted almost all over the world. The available delivery countries are indicated on the Website in the "Delivery details" section.
Every order is shipped with DHL Express service. TOMAS THAN does not delivered to a PO box or APO.
The Customer's Order shall be delivered to the Customer within the estimated time frame indicated on the Website and confirmed in the confirmation email, or within 30 days of Customer’s Order. If the indicated ship date is exceeded, the Customer must contact Customer Service at the following address: email@example.com.
If the delivery deadline is exceeded due to force majeure, the Customer may cancel the Order as follows:
- after giving TOMAS THAN's Customer Service official prior notice by email to the following address firstname.lastname@example.org to deliver within a reasonable additional period of time.
In such case, TOMAS THAN shall refund the amount of the Order excluding delivery and shipping fees and excluding taxes and duties, provided the Customer returns the entire Order to TOMAS THAN if such Order was in fact delivered.
The refund shall be made as soon as possible on the payment method used at the time of purchase, and no later than 7 business days after the date on which the purchaser exercised their right to cancel their Order.
Otherwise, if the entire Order is not returned or an investigation does not reveal any fault attributable to TOMAS THAN or the carrier, the Customer shall not be entitled to seek a refund of the amounts paid unless the Customer proves, using any method of proof, that it is not liable.
All costs to prepare and ship the Order are included in the price displayed on the Website. No additional cost won’t be asked to the Customer.
Receipt of Products & Complaints - Anomalies, Missing Products or Damaged Packages
The Customer is required to check the condition of the packaging and the number of packages when they receive the Products.
If the Customer notices a package-related anomaly (damaged, open, wet, or stained package, etc.) the Customer must refuse the package if possible or, if refusal is not possible, accept delivery but refrain from opening the package. In all cases, the Customer must contact TOMAS THAN as soon as possible and no later than 3 business days from delivery, by email to the following address email@example.com
TOMAS THAN shall then make all the necessary verifications and, provided the Customer returns the entire disputed package, shall, depending on the circumstances and the Customer's choice:
- Ship the Order again, or
- Cancel and refund the Order. The refund shall be made as a refund, as soon as possible and no later than 14 business days after the date on which the purchaser exercises their right to cancel their Order
3.2. Transfer of Risks
Risks shall be transferred from the Seller to the Customer when the Order is received at the delivery address indicated by the Customer. The Seller therefore agrees to bear the risk of storage and transportation to the delivery address indicated by the Customer.
Article 4. Return of Products and Right to Cancel
In accordance with article 52 of the consumer code the Customer may, with no penalty or need to provide any reasons, exercise their right to cancel their Order within 14 days of the date they receive or pick up their Product.
The Customer shall return the relevant Product within fourteen (14) days of the date on which they express their decision to cancel.
However, as provided for in article 59 of the consumer code, such a right to cancel cannot be exercised for Products that are:
- opened, damaged, unsealed, and/or used after delivery.
- without its original packaging
- without all of its accessories, and a copy of the purchase invoice.
- made according to the Customer's specifications, or clearly customized.
To exercise their cancellation right the Customer shall:
- use the return form enclosed in the delivery packing, solely using DHL Express to return the Products
- contact the Customer Service by email to the following address firstname.lastname@example.org to inform the Seller the return request.
To confirm that the Customer's request to cancel is being taken into account, the Seller shall send the Customer an acknowledgment of receipt.
The Customer shall be solely liable for the costs and risks of such return.
TOMAS THAN cannot be held responsible in the event of loss, theft or damage of the parcel.
It is specified that any packages sent “freight due” will not be accepted, and that the entire Product must be returned (including accessories, notices, labels, certificates of authenticity, etc.), and it must be in perfect condition and in its original packing. The Customer shall include the return slip with the package. Without these items, the return cannot be accepted.
Once the Customer has requested the Order cancellation, they have 14 days to return the Product.
The Customer must keep proof of such return. The Customer is liable for the transportation of Products returned this way.
Upon receipt of the returned Products, an email shall be sent to the Customer to inform them of the result of quality control conducted prior to any refund.
Subject to compliance with the above terms:
- if all of the Products in the Customer's Order are returned, the Seller shall refund to the Customer all amounts paid in connection with the cancelled Order, i.e., the purchase price of the Product;
- if only some of the Products in the Customer's Order are returned, the Seller shall refund to the Customer the purchase price of the Product(s) returned pursuant to the Customer’s cancellation request.
Refunds shall always be made according to the payment method used at the time of purchase. Refunds for returned Products shall be made within fourteen (14) days of the date on which the Seller recovers the Products or receives proof at the above address that said Products have been shipped, whichever comes first. Products that are returned incomplete, spoiled, damaged, degraded, or soiled by the Customer shall not be refunded.
For all questions related to the terms for returns and the right to cancel, the Customer may contact TOMAS THAN by email at the following address: email@example.com
Article 5. Existing Warranties and Terms of Enforcement
Specific commercial warranties may apply to the Products. They are indicated in writing and in Italian on the Website and delivered to the Customer with the delivered Product, in accordance with article 133, paragraph 3 of the consumer code.
Pursuant to article 133, paragraph 1 of the consumer code, these warranties indicate: (a) the specification that the consumer is entitled to the rights provided for in this paragraph and that the warranty does not affect these rights; (b) in a clear and comprehensible manner, the warranty object and the essential elements necessary to enforce it, including the warranty duration and territorial extension, as well as the name or company and the domicile or seat of the person offering it.
Except for the express commercial warranties provided in writing, the products are provided on an “as-is” basis and TOMAS THAN makes no representations or warranties of any kind, express or implied, as to the products. To the fullest extent permissible by law, TOMAS THAN disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
For any request regarding warranties, the Customer may contact Customer Service sending an email to firstname.lastname@example.org
Article 6. Liability; Limitation of Liability
The Seller cannot be held liable for any use of the Products that is not in accordance with their intended use.
TOMAS THAN cannot be held liable for its obligations under these GTCS if any default can be attributed to the actions of a third party, a Customer's fault, or the occurrence of a force majeure event.
To the maximum extent permitted by applicable law, in no event shall TOMAS THAN be liable to Customer for any indirect, extraordinary, exemplary, punitive, special, incidental or consequential damages (including loss of Data, revenue, profits, use or other economic advantage) however arising, even if TOMAS THAN knows there is a possibility of such damage.
Article 7. Claims – information
For any information, claims or questions related to the GTCS on the Website or the Products themselves, the Customer may contact the Customer Service by email at the following address: email@example.com
Article 8. Personal Data
The Customer is responsible for updating their contact information. TOMAS THAN declines any liability arising from any failed delivery resulting from inaccurate Customer contact information.
Article 9. Intellectual property
All documents, information, texts, graphs, images, photographs or any other content published on the Website are the exclusive property of TOMAS THAN. Therefore, pursuant to article 1 of the Copyright Law No. 633 of April 22 1941, they may not be reproduced, exploited or used for any purpose whatsoever, without TOMAS THAN’s prior written authorization.
TOMAS THAN is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.
The Customer acknowledges without reservations the intellectual property rights of TOMAS THAN and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a license or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to TOMAS THAN.
Article 10. Force majeure
Performance of all or part of the Seller’s obligations shall be suspended in the event of an act of God or force majeure hindering or preventing such performance. The Seller shall not be held liable for such suspension.
Article 11. Disputes – Applicable law
These GTCS are governed by and subject to Italy (Italian) law, as provided for in article 4, letter e) of Legislative Decree No. 70 of 2003.
In case of disputes between TOMAS THAN and the Customer in the field of these GTCS, TOMAS THAN guarantees the full membership and acceptance of the conciliation service risolvionline. Risolvionline is an independent and institutional service provided be the chamber of arbitration of the chamber of commerce of Milan, allowing to reach a satisfactory agreement, through a neutral and competent conciliator, in a friendly and secure manner over the internet.
For more information on the regulation of risolvionline or to send a request for conciliation, please visit www.risolvionline.com.
These GTCS are written in English. In the event that they are translated into another language or languages, the English text alone will be authoritative in the event of a dispute.