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GENERAL SALES TERMS

1. GENERAL INFORMATION

The sale and the offer of Products on the website SHOPEUROPE.TOKIDOKI.IT are subject to these General Sales Terms (GST). Therefore, please read these GST carefully before making an on-line purchase, according to the procedures indicated in the section SUBSCRIBE.

The Products purchased from SHOPEUROPE.TOKIDOKI.IT are property of Back Up! srl and are sold directly by:

Back Up srl
Headquarters: Zona Ind.le A - 62012 Civitanova Marche (MC)
CF e P.Iva: 01476330434
Tel. 0733 895511
Fax 0733 895900
email euservice@tokidoki.it

hereinafter referred to as the (Vendor).

These GST are applicable exclusively to the offer, forwarding and acceptance of purchase orders for Products on the website web SHOPEUROPE.TOKIDOKI.IT for users of this Internet website (hereinafter the Clients).
These GST are not applicable to the supply of services or the sale of products by parties other than the Vendor who may be present on the website shopeurope.tokidoki.it through links, banners or other hyperlinks. Please read the general sales terms before making your purchase. The Vendor declines all and any liability for services provided by any party other than Back Up! Srl or e-commerce transactions between users of the website shopeurope.tokidoki.it and third parties.

For more information Clients may visit the CUSTOMER CARE section.

The Vendor reserves the right to update or modify these GST at any time. The Client acknowledges and accepts that the purchase of the Product is subject to the version of these GST valid at the time the order is forwarded.

2. DEFINITION AND SUBJECT MATTER OF THE ON LINE CONTRACT

An “On Line” contract is intended as a distance contract, namely the legal instrument involving the sale of goods between the Vendor, as above, and the Client in a distance sales system organised by the Vendor who, for such contract, uses exclusively the distance communications technology known as the “Internet”.
All contracts shall therefore be concluded directly via access by the Client to the website corresponding to the address SHOPEUROPE.TOKIDOKI.IT where, by following the procedures indicated, the Client may conclude the contract for the purchase of the Product.
The possibility to purchase into the website SHOPEUROPE.TOKIDOKI.IT is reserved uniquely to Clients that are adult natural persons who act as "Consumers" according to the Legislative Decree 206/2005 (Consumer Code). “Consumers” are intended as individuals who are party to a purchase/sales contract of consumer goods, for reasons not related to commercial, entrepreneurial or professional activities they carry out.

3. EXECUTION OF THE PURCHASE CONTRACT

In order to execute a contract for the purchase of one or more Products from the website shopeurope.tokidoki.it, the Client is required to fill in the order form in electronic format and forward the same to the Vendor via electronic transmission following the instructions provided in the relevant section.
In forwarding the order form via electronic transmission the Client declares to know and accept these GST unconditionally as well as any other information provided in the website shopeurope.tokidoki.it, including the information provided through links such as the GENERAL TERMS OF USE in the relevant section and our PRIVACY POLICY, and commit to comply with it.
The purchase contract is completed by filling in the electronic order form correctly and confirming the purchase which the Client does by sign the order form attached to the electronic catalogue in the website and forwarding it by e-mail to euservice@tokidoki.it.
The Consumer Client acknowledges and accepts that the distance sale of the Products is a retail sale and that each order may therefore be for no more than 30 Products at a time and in the case of identical orders for no more than 6.
The order form will be filed in the Vendor’s database for the time required to meet the orders and in any case for the length of time provided by law.
The Vendor may make the order in either Italian or English.
The Vendor may not execute incomplete purchase orders or orders for which the payment can not be made for any reason. In these cases, the Client will receive a message by e-mail stating that the contract has not been executed and the relevant reasons.

Once the contract is executed by signing and forwarding it, the Vendor will forward an acknowledgement of the receipt of the purchase order within three working days since the dispatch of the order. This receipt will be sent to the e-mail indicated on the Order Form and will contain the order number assigned to the Client by the Vendor as well as an overview of the information contained in the Order Form (essential product characteristics, price, shipping and delivery costs, delivery terms, payment, right to cancel).

4. SELLING PRICES AND PAYMENT

All the selling prices of the products on the website shopeurope.tokidoki.it include VAT and other taxes. The Client is charged with the shipping fees that are clearly indicated in the order procedure and varies according to the weight, dimensions and destination of the order.
Payments may be made only by credit card or PAYPAL; VISA and MASTERCARD are accepted too. To request payment by any other means the Client should contact our CUSTOMER CARE.
The order should be made out in the name of the credit card holder.
Regarding the security, when making payment the Client is connected directly to the UNICREDITO ITALIANO – PagOnline website where the credit card details are processed using one of the most modern data encrypting systems, Secure Sockets Layer (SSL) which jumbles the digital characters provided by the Client so that they can not be read either in the original form nor transmitted on the Internet. When payment is made, UNICREDITO ITALIANO - PagOnline automatically takes the Client to a secure page (SSL) of the Internet website pagamenti.unicredito.it where the transaction is carried out.
UNICREDITO ITALIANO - PagOnline will not retain the credit card number of the Client.
The information provided will be used by UNICREDITO ITALIANO - PagOnline exclusively for the purchasing procedure and for eventual refunds should the Products be returned after cancellation by the Client in accordance with the definition indicated by point 2, or if it is necessary to prevent or report cases of fraud on the website shopeurope.tokidoki.it.
The Vendor declines all and any liability for the fraudulent and illegal use by third parties of credit cards at the time of purchase of the Products in that the same is in no way party to such procedure.
The purchase price of the Products and shipping fees, as indicated by the order form, will be charged to the client only when the online purchasing procedure has been successfully completed as provided by point 3 above.

5. AVAILABILITY OF PRODUCTS

The Information Technology system of the website shopeurope.tokidoki.it is designed to meet orders without delay to the client; the system shows in real time in the electronic catalogue whether or not the Product is available.
The word “available” next to the Product displayed should however be considered as merely indicative and not binding in view of the fact that different Clients may be purchasing that Product at the same time.
The availability of Products is not fully guaranteed on Saturdays and Sundays in that the website is not updated on weekends.
It may occur that two simultaneous orders do not permit updating the availability of stocks. In this case, the Vendor will send a message to the e-mail address indicated by the Client on the Order Form within 36 hours to inform the Client that the Product is not available and the time required to meet the order.
If the Client does not accept the new delivery date, he himself should send an e-mail stating that it does not accept the delivery within no more than 24 hours from receipt of the message received from the website and the contract will be considered cancelled.

6. OBLIGATIONS OF THE PURCHASER

After completing the “on line” purchase the Client, as a Consumer, undertakes to print and keep the valid GST which it has already read and accepted as a mandatory part of the purchasing procedure together with the order and the order acknowledgement sent by Vendor, in order to fully comply with the provisions of section 53 of Legislative Decree 206/2005.
The Client may not enter false and/or fictitious data when subscribing to activate the procedure required to execute this contact and for purposes of other communications; the personal details and e-mail address indicated must be the real and personal data of the subscriber and not of third parties or fictitious ones.
The Client authorises the Vendor to view the data indicated in the valid identity documents that the Client may be called to provide at the discretion of the Vendor. Failure to provide such documents authorises the Vendor to cancel the contract due to breach by the purchaser.
Multiple subscriptions in the name of the same person and third party data may not be entered for any reason whatsoever. The Vendor reserves the right to take legal action against violation and abuse in the interests of all consumers.
The Client will hold the Vendor harmless from any liability deriving from the issue of incorrect documents caused by errors in the data supplied by the Client in that the Client is solely responsible for the correct entry of the same.

7. WARRANTIES

The basic characteristics of the Products are shown in the website shopeurope.tokidoki.it.
The Vendor sells only new and original products of the brands shown in the left hand menu category BRANDS in its website.
The pictures and colours of the products sold in the website shopeurope.tokidoki.it may however not correspond exactly to real life as a result of the Internet browser and monitor used.
The prices of the Products are subject to modification; the Client should therefore always check the final sales price before forwarding the order form.
All Products are supplied with a identification tag fixed with a seal to the Product which should not be removed.
The Products sold on the website shopeurope.tokidoki.it are covered by the warrantees provided by law and in particular by a 24 month warrantee for defects of conformity as provided by section 132 of Legislative Decree No. 206/2005.
The Client should keep the tax receipt and transport document received together with the goods purchased since these will be required when making claims against the warranty.
The Client may in any case request more detailed information from the servicing centres of the Vendor: click here to contact the Client Service. For other information and claims you may contact the Vendor on +39 0733 895511. More information is also provided in the HELP section.
Filing a claim does not however exonerate the Client from complying with the procedure provided by point 8 of these GST should the Client wish to cancel the contract.

8. SHIPMENT AND DELIVERY OF THE PRODUCTS

The Vendor declines all and any liability for the transport of the Products which shall in any case be made through the courier selected by the Vendor. The Client is therefore fully responsible for transport arrangements including costs and risks.
The Vendor accepts orders for delivery in any country in the European Community.
For detailed information regarding shipment and delivery of the Products, please go to the SHIPMENT section. Please read the contents of this section carefully in that the same are an integral and substantial part of these GST and are therefore meant to be accepted and known in full by the Client when the order form is transmitted.
Delivery will be made by courier service; the delivery service includes packaging, transport and insurance against theft, damage or losses that may occur during transport.
In filling in the personal information section during the subscription process required to activate the procedure for the execution of the contract and for purposes of other communications, the Client authorises the Vendor to communicate its non sensitive personal details (address, phone number) to couriers and/or shipping agents used for the delivery of the goods for purposes of delivery.
On receipt of the goods the Client should check that: the number of items delivered complies with those indicated on the delivery bill; the package is undamaged, dry and that there has been no tampering including the fastening materials such as adhesive tape and metal hoops.
Damage to the packaging and/or product or missing items should be claimed immediately by indicating “I hereby reserve the right to control” on the courier’s delivery note. Once the courier’s delivery document has been signed the Client may no longer submit claims regarding the external appearance of the goods delivered.
In such a case, the Client may only file claims against the carrier who is also responsible for delayed delivery of the goods to the addressee. In the case of partial loss or damages which can not be identified at the time of delivery, the Client should report the damages as soon as the same are discovered, under penalty of forfeiture, and in any case within no more than eight days from receipt (section 1698 of the Civil Code).
The tax receipt will be issued when the goods leave the factory and will be delivered to the Client together with the delivery note and the goods purchased.

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Orders placed with payment terms “credit card” that exceed 300 Euros will be submitted to the Authentification Control Policies.
So this control may affect the delivery date that may be postponed*.

*max delivery delay 48 h

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9. RIGHT OF CANCELLATION

If the Client is not satisfied with its purchase for any reason whatsoever, it has the right to cancel the contract, without the application of penalties and without having to specify the reason, simply by forwarding to the Vendor a notice of cancellation within no more than 10 working days from the date of receipt of the goods. This notice of cancellation must be sent by fax to the number +39 0733 812563 or by e-mail to euservice@tokidoki.it and must be confirmed by registered letter with acknowledgement of receipt within the next 48 hours. Although you are not obliged to give a reason for cancelling the order, we would appreciate your comments.

This right may be enforced only by a Client who is also a “Consumer”, as defined by point 2 above to whom the right to cancel provided by this clause is exclusively applied.
For this purpose, the Client should fill in the on line return form and send this to the Vendor who will then authorise the return within 7 days from the receipt of the same.
To facilitate the return process for Clients who cancel the contract, a RETURN NUMBER for the goods to be returned will be forwarded to the e-mail address indicated by the Client during subscription.

This number facilitates the return of the goods so that it should be made within no more than 10 working days from receipt of the cancellation notice.
The return of the Product for which cancellation has been requested and authorised beyond the above term implies forfeiture and refusal of redelivery.

Products should be returned in the same condition in which they were received, unused and undamaged complete with packaging and identification tags and the single-use seal together with the return voucher that the Client will find in the package when the goods are delivered, and that the Client should fill in.
The transport costs for returning the Products shall be sustained in full by the Client who will arrange to return the same through its own shipping agent within no more than 10 working days from the moment the return is authorised and from the moment in which the RETURN NUMBER is allocated and e-mailed by the Vendor.
The original packaging of the Product should be covered with protective packaging to ensure that it is received undamaged and without labels or marks.
The Vendor will accept the returned goods reserving the right to ascertain that the Products have been returned in their original state complete with undamaged packaging.
The risks of transport for returned goods and the relevant shipping costs shall be sustained in full by the Client.
The Client shall be fully responsible for the shipment, until the acknowledgement of receipt in the Vendor’s warehouse.
Should the returned goods be damaged during transport , the Vendor shall inform the Client (within no more than 5 working days from receipt of the goods in its warehouse) in order to allow the same to file the relevant claim against the courier selected by the same and obtain the value of the goods (if insured); in this case, the Product will be placed at the disposal of the Client for its return and simultaneously the notice of cancellation will be cancelled.
Without prejudice to the cost of repairing ascertained damages to the original packaging, the Vendor will refund to Client the full paid amount less shipping costs for the delivery of the purchased Products, within no more than 30 days from the date the good are returned by reversing the Credit Card charge or bank remittance. In this case, the Client will be responsible for advising its banks details promptly for purposes of the refund (IBAN code of the person to whom the invoice is addressed).

The right of cancellation expires in full if:
- the notice of cancellation is not forwarded to the Vendor within 10 days from receipt of the Products by the Client;
- the Products have been used, worn, washed, damaged or tampered with;
- the identification tag is not attached to the Products with the single-use seal;
- the returned Products are not sent to the Vendor in a single shipment. The Vendor in fact reserves the right to refuse items of the same order which are returned and shipped at different times;
- the returned Products are not delivered to the courier within (10) days from the date on which the Client has received the Vendor’s authorisation to return the goods.

Should this right be forfeited, the Vendor will return the goods purchased to the sender charging the shipping costs to the same.
If the Client does not comply with the terms provided herein to enforce the right of cancellation, it will lose its right to be refunded of the sums already paid to the Vendor; however, the Client may request the Products returned to the Vendor to be sent back to the same, but at its expense, and in the same conditions they were delivered to the Vendor.
If the goods are returned successfully, the sum paid by the Client will be refunded by crediting the bank account of the Client within no more than 30 days from the moment Back Up! srl receives the returned Products.
The Client may change the item selected with another item by returning the same to the Vendor within no more than 10 days from receipt of the same following the same procedure for the return of cancelled goods and filling in the applicable on line form.

10. NON-CONFORMING PRODUCTS

Should defects of conformity which are retained to have been present at the time of delivery with respect to the contract be discovered within two years from the delivery of the goods, the Client may submit a claim by phone on +39 0733 812563, or email to euservice@tokidoki.it or directly on line using relevant form which should be correctly and in full filled in and then sent within no more than 2 months from the time the defect is discovered.
This right may be enforced only by a Client who is also a “Consumer”, as defined by point 2 above.
Pursuant to current applicable laws (Legislative Decree no. 206/2005, section 132), it is presumed that the defect that appears within six months from delivery was already present at the time of delivery.
The Vendor reserves the right to ascertain that the defect claimed by the Client actually exists before conceding the remedy requested or provided by law.
In the case of defects which appear more than six months after delivery of the Product, the Client should provide appropriate documents proving that the defect of conformity existed at the time of delivery.
The Client will receive an e-mail acknowledging that the claim procedure has been opened within 72 working hours from receipt of the claim; this message will also contain instructions for the definition of the procedure, requests for explanations or documents.
Within no more than 5 working days from receipt of the claim, the Vendor will acknowledge that the same has been received indicating the time required to process the claim. The Client will be kept constantly updated during the claim process.
If the defect claimed is ascertained, the Vendor will remedy the same - as agreed - within an appropriate term, refunding also the shipping costs sustained by the client, but not including the costs of special services.
The Vendor reserves the right to charge the Client for the costs sustained to check the Product and shipping fees if the defect of conformity allegedly present at the time of delivery is unfounded.

11. EXPRESS TERMINATION CLAUSE

The Client’s obligations as provided by clause 6 (Obligations of the Purchaser), and successful outcome of the payment, are considered to be essential; accordingly, the parties expressly agree that non-fulfilment by the Client of just one of these obligations will entail the termination by right of the contract as provided by section 1456 of the Civil Code, without a ruling of the court and without prejudice to the Vendor’s right to file suit for major damages.

12. APPLICABLE LAW AND DISPUTES

These GST are subject to Italian Law and in particular to the provisions of Legislative Decree 70 dated 9 April 2003 regarding general aspects of e-commerce and Legislative Decree 206 dated 6 September 2005 (the so-called Consumer Code) including the court having jurisdiction.

Queste CGV sono regolate dalla legge italiana ed in particolare dal decreto legislativo 9 aprile 2003 n. 70 per quanto riguarda, in generale, gli aspetti del commercio e elettronico e dal decreto legislativo 6 settembre 2005 n. 206 (c.d. Codice del Consumo) anche per quanto riguarda la determinazione del foro competente.