GENERAL TERMS AND CONDITIONS OF SALE
1. Preamble and Acceptance of Terms
This contract (hereinafter referred to as the "Contract") outlines the general terms and conditions of sale (hereinafter, the "General Conditions") and is intended to establish the general framework applicable to contractual relations arising between Trucchi S.r.l., with registered office in Ventimiglia (IM), Corso Genova 46, VAT no. 00070140082, registered with the Imperia Business Register (hereinafter, the "Seller" or the "Company"), and the Customer (as defined under Clause “2. Definitions” below) as a result of the purchase of any tangible good and/or service (hereinafter, the "Product" or, collectively, the "Products") made remotely through the aid of the internet website www.trucchisrl.it (hereinafter, the "Website").
The General Conditions may be subject to changes and revisions by the Seller. Therefore, each purchase made by the Customer shall be governed by the General Conditions published on the Website at the time of the Order Transmission (as defined under Clause “2. Definitions” below).
It is understood that placing a purchase order on the Website by the Customer implies full knowledge and unconditional acceptance of the General Conditions.
Each sale completed through the Website, where not expressly governed by this Contract, is subject to the applicable Italian and European regulations, including Legislative Decree no. 206/2005 (hereinafter, the "Consumer Code") and Legislative Decree no. 70/2003 concerning electronic commerce.
2. Definitions
- "Carrier": refers to the Seller or third-party logistics partners responsible for delivering Products to the Customer.
- "Consumer": a natural person acting for non-business-related purposes.
- "Customer": any person, natural or legal, purchasing Products via the Website.
- "Customized Quotation": a personalized offer by the Company listing Products, pricing, and terms.
- "Order": the Customer’s contractual proposal by submitting the Order Form or accepting a Customized Quotation.
- "Order Confirmation": confirmation email sent by the Seller to the Customer.
- "Order Form": digital form summarizing the selected Products and Customer details.
- "Order Transmission": submission of the Order Form or acceptance of a Customized Quotation.
- "Parties": the Customer and the Seller together.
- "Product Sheet": detailed description of a Product available on the Website.
- "Professional": a person acting within business or professional activity.
- "Showrooms": physical stores operated by the Seller.
- "Suppliers": third parties supplying goods or materials to the Company.
3. Formation and Completion of the Contract
3.1 Contractual Proposal and Completion of the Contract
The Customer, by transmitting the Order Form, submits to the Seller a binding contractual proposal subject to subsequent review and acceptance by the Seller.
The transmission by the Customer of a request for a Customized Quotation to the Seller does not constitute a contractual proposal. In this case, the contractual proposal shall be formulated by the Seller through a written quotation in response to the Customer’s request. The acceptance of the proposal by the Customer, whether express or implied, results in the completion of the Contract pursuant to Article 1326 of the Italian Civil Code.
It is understood that, in both cases mentioned above, for the purposes of this Contract, the Order shall be considered completed only upon the Customer’s receipt of the Order Confirmation sent by the Seller following the full payment of the price.
3.2 Cases of Refusal and/or Cancellation of the Order
Until the Order Confirmation is sent, the Order shall be considered unaccepted and non-binding for the Seller, who reserves the right to refuse or cancel it in the occurrence of one or more of the following cases:
- Verification of the unavailability of the ordered Products from the Company and/or its Suppliers (in such a case, the Company reserves the rights provided under the following Clause “4. Offer and Product Characteristics”)
- Provision by the Customer of incomplete, inaccurate or untruthful personal, fiscal or logistical data, such as to compromise the proper execution of the Order
- Request for delivery or collection made impossible due to causes attributable to the Customer, such as indicating inaccessible, incorrect or unattended addresses, or repeated absence at the time of delivery
- Presence of anomalies or irregularities in payments, or reasonable risk of insolvency, also based on the Customer’s past contractual conduct
- Well-founded suspicion of fraudulent activity, attempts to bypass Website security procedures, improper use of payment methods, or conduct detrimental to the Company’s rights
- Obvious errors in the sale prices or other essential information, recognizable as such by the Customer using ordinary diligence, even if generated by technical problems or errors in loading the Website.
In these cases, the Company will promptly inform the Customer and fully refund any amount paid using the same payment method chosen at the time of Order Transmission.
In addition to the above cases, the Order will be considered canceled without notice if, after 5 (five) business days from the date of the Order Confirmation, the Company has not received full payment of the price.
4. Offer and Product Characteristics
4.1 Product Identification
The Products displayed on the Website are described with the utmost accuracy in each individual Product Sheet. All technical and descriptive information contained in the Product Sheet are provided to the Company directly by the Suppliers of the specific Products. For this reason, the Company can in no case be held responsible for any errors, inaccuracies, omissions or updates not communicated by the Suppliers.
The images depicting the Products are for illustrative purposes only. Therefore, the Company specifies that, due to electronic visualization, such images may not faithfully represent the final appearance of the Product.
The Customer, at the time of completing the purchase procedure, is required to carefully verify that the Product possesses all the necessary features to meet his needs.
It is understood that any minor discrepancies from the information provided in the Product Sheet, where not substantial or compromising the usability of the item, do not constitute a defect in the Product and do not entitle the Customer to replacement or refund, except as provided by applicable law on the legal warranty of conformity.
4.2 Regulation of Sales by Sample
In the case of sales by sample, the Company specifies that the sample is merely representative of the general characteristics of the Product, such as color, veining, and texture. There is no guarantee of perfect correspondence between the sample and the delivered Product, especially in the case of natural materials or handcrafted items subject to variation. Minor aesthetic differences and discrepancies are considered normal and do not constitute a conformity defect if within acceptable technical tolerances.
Sales by sample are governed by Articles 1522 and 1523 of the Italian Civil Code, which state that, unless otherwise agreed, the sale is presumed to refer solely to the general qualities of the sample, without implying an obligation of exact identity between the sample and the goods supplied. By purchasing, the Customer expressly accepts this mode and the potential variations inherent to the nature of the Product. Under no circumstances may such differences be considered conformity defects, and therefore they do not give rise to refunds, replacements, or other forms of compensation from the Seller.
5. Prices and Product Availability
5.1 Product Prices
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All prices of the Products offered on the Website are expressed in Euro and, unless otherwise explicitly stated, are inclusive of VAT at 22%.
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Product prices may change without notice; however, for each Order, the prices in effect at the time of Order Transmission will apply.
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The prices of the Products shown on the Website may differ from those applied at the Showrooms. Such discrepancies in pricing may result, by way of example only, from: (i) promotions and/or discounts potentially applied by the Seller; (ii) differences in the services provided by the Seller at the Showrooms (such as project design, technical and aesthetic consulting, and calculation of required square meters); (iii) differences in payment methods and/or terms; (iv) differences in delivery costs from Suppliers to the Seller; (v) differences in shipping costs from the Seller to the Customer; (vi) differences in logistics-related costs; and (vii) any other reason which, at the Seller’s sole discretion, may justify the application of a differentiated pricing policy.
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The Company undertakes to keep the Website information updated but cannot guarantee the absence of technical or system errors. In case of obvious errors in price or Product features, the Order may be canceled in accordance with Clause "3. Formation and Completion of the Contract" of this Agreement.
5.2 Shipping Costs
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Shipping costs, which depend on various factors such as weight, volume, and delivery location, special packaging requirements, and any additional services, are calculated separately at the time of the Order Confirmation. It is understood and unconditionally accepted by the Customer at the time of Order Confirmation that transport costs are calculated for delivery at street level outside the building. For more detailed information on shipping, please refer to Clause "7. Shipping and Delivery" below.
5.3 Product Availability
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Product availability is subject to frequent revision by the Company but does not constitute an absolute guarantee of Order fulfillment.
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Some items, even after Order Confirmation, may be subject to stock shortages (including due to simultaneous orders from multiple Customers), supply delays, or require production times.
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In such cases, the Seller undertakes to promptly contact the Customer to propose an alternative Product, redefine delivery times, or, upon request, proceed with the cancellation and refund of the Order, which will be processed within a maximum of 14 days.
6. Payment Methods
Accepted payment methods include:
- Credit/debit cards (Visa, Mastercard, Amex, etc).
- PayPal.
- Advance bank transfer.
- Other methods indicated on the Website or in the Quotation.
In case of payment by bank transfer, the Customer must indicate the Order number in the payment description. The processing of the Order will take place only after the tangible crediting of the amount to the Company's bank account, unless otherwise agreed between the Parties.
The Order shall be considered valid and processed, unless otherwise agreed between the Parties, only after the Seller verifies the successful full payment of the agreed price for the purchase of the Products (including shipping, packaging, and any additional service costs).
Unless otherwise agreed between the Parties, in the event that payment is not received within 7 (seven) working days from the date of the Order, the Company may consider the Order automatically canceled without any obligation of prior notice.
7. Shipping and Delivery
The Company ships within Italy and European Union countries through specialized couriers, selected based on the type of goods and their destination.
7.1 Standard Delivery Methods and Additional Services.
Standard delivery involves delivery on pallet or loose package delivery (depending on the nature of the Product) to street level, outside the building, at the address provided by the Customer during the Order process.
Standard delivery methods do not include, under any circumstances, the following services: (i) unloading; (ii) handling; (iii) lifting; (iv) porterage; (v) delivery to upper floors; (vi) assembly and/or installation; and (vii) any other service not explicitly agreed upon by the Parties at the time of Contract finalization. These additional services, in case could be organized from the Company or its logistics partners, must be explicitly requested in writing by the Customer, quoted separately, and fully paid for in advance before delivery.
7.2 Delivery Address Specification and Changes.
The Customer guarantees the accuracy, completeness, and truthfulness of the provided shipping data, including the address, postal code, and any other information necessary for successful delivery. Transport assignments will be carried out based on this information; therefore, in the case of errors, omissions, or incorrect entries, the Customer releases the Company from any liability or consequences arising, including any additional costs charged by the Carrier due to inaccurate details or any changes in destination.
Any requests to change the delivery address after the Order Confirmation must be communicated in writing to the Company and will be subject to verification of logistical feasibility by the Company. These changes may result in additional costs, which the Customer must accept and pay before the shipment.
7.3 Special Delivery Locations.
The Customer is required to verify in advance, before Order Transmission, that the delivery location is accessible to heavy vehicles (trucks or lorries with hydraulic tailgates) and that adequate space is available for receive the goods.
If delivery is to be made in restricted traffic zones (ZTL), historic centers, pedestrian areas, or any area subject to access limitations for commercial vehicles, the Customer must notify it at the time of the Order.
The Customer is also responsible for obtaining any temporary access permits or authorizations required to facilitate delivery if requested by the Carrier.
In the event that the delivery location is inaccessible by the Carrier’s vehicle due to limitations imposed by municipal regulations, the Highway Code, or due to the absence of authorizations necessary to carry out the delivery, the Carrier will store the goods at a location it deems suitable.
In such cases, all operations following the point of unloading, including final transport and porterage, remain the full responsibility and expense of the Customer.
It is understood that the Company shall in no way be held liable for delays, failed deliveries, or any additional costs resulting from lack of communication or permits. Any storage, redelivery, return, or extraordinary costs charged to the Company by the Carrier due to these circumstances will be passed on to the Customer.
7.4 Failed Delivery Attempts.
The Carrier will make one delivery attempt at the address indicated by the Customer at the time of Order Transmission, on the date or during the period agreed in the Order Confirmation or subsequently communicated by the Company or by the Carrier.
If delivery cannot be completed due to Customer-related reasons (such as, but not limited to: (i) the absence of the consignee; (ii) incorrect or incomplete address; (iii) failure to coordinate with the Carrier in advance if necessary for reasons relating to the place of delivery and/or the Products to be delivered), the Products will be stored at the Carrier's warehouse, or another location deemed appropriate.
In such cases, the Customer must contact directly the Carrier to arrange collection from the storage point or alternatively request the Company to arrange a new delivery.
In the event of organizing a new delivery through the Company, the Customer undertakes to pay in full and in advance the storage costs applied by the Carrier and to reimburse the costs of redelivery and any other charges incurred by the Company. The new shipment shall be carried out only after the aforesaid costs have been paid.
However, it is understood that the Company shall not be held liable in any way for any delays, alterations or deterioration of the Products resulting from prolonged storage not attributable to its conduct.
7.5 Delivery Times.
Delivery times are indicative and non-binding and, unless otherwise agreed between the Parties, begin from the date the payment is credited or the Order Confirmation.
Any delays due to logistics, weather, or third parties shall not result in liability for the Company, nor will they entitle the Customer to compensation, cancellation, or indemnity, unless otherwise agreed in writing between the Parties.
7.6 Non-EU Deliveries.
The Company evaluates shipping to non-EU countries on a case-by-case basis. These shipments are subject to special transport, customs, and taxation conditions. Orders from non-EU Customers are accepted only after verification of logistics feasibility and agreement on commercial terms.
Shipping costs, delivery times, customs duties, and local taxes are always borne by the Customer, unless otherwise agreed in writing between the Parties.
Delivery times vary depending on the customs regulations of the destination country, customs clearance processes, and the efficiency of local couriers.
The Order is considered fulfilled upon handover to the international Carrier, and the risk passes to the Customer at that moment, unless agreed otherwise between the Parties.
In some non-EU countries, import procedures may require the Customer to provide identifying codes (e.g., tax ID, EORI, authorization numbers) or additional documents (e.g., customs declarations, technical certificates, specific licenses). The Customer is responsible for promptly providing all required documentation and assumes full liability for delays, blocks, or additional costs resulting from missing or incomplete information.
The Customer must verify Product compliance with technical and customs regulations of their country.
The Company shall not be held liable for delivery impediments or additional customs charges caused by inaccurate or incomplete Customer documentation. The Company is not liable for customs delays or returns due to local regulatory restrictions. In such cases, all storage, customs, redelivery, or return costs are fully borne by the Customer.
8. Receipt of Goods and Claims
8.1 Inspection of Delivered Goods.
Upon delivery of the goods, the Customer is required to:
- Carefully check the integrity of the packaging
- Verify that the number of packages matches the transport document (DDT) or invoice
- Ensure there are no visible external damages or anomalies.
8.2 Cases of Apparent Defects.
If the Customer identifies any apparent defects during inspection - such as, for example: (i) visible damage to the packaging; (ii) tampered or open packages; (iii) visibly damaged goods; (iv) discrepancies in the number of packages - he/she must note a specific reservation on the Carrier’s delivery document, clearly describing the anomaly at the time of delivery. Furthermore, within 8 (eight) days of delivery, the Customer must notify the Company in writing at the email address [●] attaching:
- the Order number and/or invoice;
- a detailed description of the damaged items and their quantity, or description of any other identified defect;
- a copy of the Carrier’s document with the written reservation.
- clear and complete photographic documentation (photos must show the unopened packaged goods; pictures of unwrapped or goods out of pallet will not be accepted).
Failure to include a specific reservation upon delivery and/or failure to provide written notice within the 8-day deadline will result in the loss of any right to contest apparent defects or discrepancies.
8.3 Cases of Hidden Defects.
Any damages or non-conformities not identifiable at the time of delivery ("hidden defects") must be reported in writing to the Company via email [●] within 8 (eight) days of discovery, pursuant to Article 1495 of the Italian Civil Code for Professionals, or within the statutory period defined by the Consumer Code for Consumers.
Notifications must include:
- the Order number and/or invoice;
- a detailed description of the damage or defect;
- clear and complete photographic documentation.
It is understood that the warranty for conformity defects does not apply - and thus does not entitle the Customer to reimbursement - if: (i) the Customer was aware of the defect at the time of purchase, or if it was obvious and the Customer should have noticed it using ordinary diligence; (ii) the damages or defects are due to incorrect or improper use of the Product; (iii) damages or defects are caused by incorrect installation, assembly, or application, including failure to follow instructions, technical sheets, or manufacturer recommendations; (iv) damages or defects arise from lack of or improper maintenance, including but not limited to failure to perform regular maintenance, use of unsuitable cleaning products or tools, or failure to follow usage and storage instructions; (v) damages or defects result from impacts, tampering, or unauthorized modifications; (vi) defects are due to normal wear from Product use.
The guarantee shall also be excluded in the case of minor defects which, as such, do not alter the functionality or usability of the Product, nor significantly impair its aesthetics according to objective criteria.
8.4 Verification of the Complaint and Reimbursement.
Upon receiving the defect claim in accordance with the methods and deadlines indicated above, the Company reserves the right to verify its validity either directly or through authorized agents.
If the complaint is deemed valid, before terminating the contract, the Company reserves the right to offer the Customer either a partial refund or replacement of the Product at its own expense.
9. Limitation of Liability
Without prejudice to the provisions expressly stated by law regarding consumer protection, the Company shall not be held liable for failure to fulfill or delays in the performance of its contractual obligations if such failure or delay is due to force majeure or events beyond its control. These may include, but are not limited to, wars, acts of terrorism, riots, natural disasters, fires, pandemics, emergency public health measures, government actions, public service interruptions, strikes, customs blockages, transportation difficulties, unavailability of raw materials or energy, or unavailability from Suppliers.
Similarly, the Company shall not be liable for service disruptions or malfunctions related to the Internet or other telecommunications infrastructures.
The Company shall not be held responsible for the fraudulent or unlawful use of payment methods (credit cards, bank transfers, checks, or other electronic tools) by third parties, provided it demonstrates that it adopted all reasonably expected security measures based on the best knowledge, experience, and diligence available at the time.
In any event, the Company’s total liability shall not exceed the amount paid by the Customer for the Products subject to the claim, excluding any additional compensation for direct or indirect damages, economic or non-economic losses, loss of profit, business interruption, or other losses.
10. Right of Withdrawal and Exclusion Cases
10.1 Right of Withdrawal and How to Exercise It.
Pursuant to Articles 52 et seq. of the Consumer Code, the Customer acting as a Consumer has the right to withdraw from the purchase contract, without the obligation to provide reasons and without penalties, within 14 (fourteen) days from the date of receipt of the Product.
It is understood that the right of withdrawal under Articles 52 et seq. of the Consumer Code applies exclusively to Consumers. Therefore, Professionals, unless otherwise agreed in writing with the Company, are not entitled to any right of withdrawal.
To validly exercise the right of withdrawal, the Customer must send an explicit declaration of their intention to withdraw to the Company's email address: [●] within the above-mentioned period.
10.2 Return of Products.
Following the submission of the withdrawal notice, the Customer must return the Product at their own expense to the following address: Corso Genova 46, Ventimiglia (IM), Postal Code: 18039, Italy.
The Product must be returned in its original packaging, intact and complete in all its parts, including accessories, instruction manuals, components, and any other elements originally included in the packaging.
In the case of an incomplete, damaged, or unoriginal return, the Company reserves the right not to recognize the effectiveness of the withdrawal.
10.3 Price Refund.
Once the returned Product has been received and its integrity verified, the Company will refund the amount paid by the Customer using the same payment method used for the purchase, unless otherwise agreed between the Parties.
It is understood that the shipping costs incurred by the Customer for the original delivery of the Product, as well as those for the return in the case of withdrawal, shall remain entirely at the Customer's expense.
10.4 Exclusion of the Right of Withdrawal.
The Customer entitled to the right of withdrawal will lose such right if the returned Products are damaged, installed, used, or otherwise altered in a way that compromises their integrity and resaleability.
The right of withdrawal is also excluded in all cases provided for by Article 59 of the Consumer Code, including, by way of example but not limited to, cases where the Order concerns custom-made or clearly personalized goods, goods that are likely to deteriorate or expire rapidly due to their nature, composition, or intended use, or sealed goods that are not suitable for return for health protection or hygiene reasons and have been opened after delivery.
11. Requests for Information and/or Complaints
All requests for information, requests for support, and/or any complaints must be submitted to the following Company email address: [●] as no requests submitted in any other way will be accepted.
12. Final Provisions
This Contract constitutes the sole agreement between the Company and the Customer with regard to the purchase of Products made through the Website and supersedes any other understanding, communication, or agreement that may have previously occurred between the Parties, whether in written or verbal form.
Any amendments or exceptions to these General Conditions shall be valid only if made in writing and approved by both Parties.
If one or more clauses of this Contract should be found, in whole or in part, to be null, invalid, or ineffective due to mandatory legal provisions or rulings by competent authorities, this shall not affect the validity of the remaining provisions, which shall remain fully valid and effective.
The failure, even repeated, by the Company to enforce one or more clauses of this Contract shall not be interpreted as a waiver of the rights it is entitled to under these General Conditions. Similarly, any repeated tolerance by the Company of conduct by the Customer contrary to the provisions herein shall not constitute a waiver of the rights of the Company.
The General Conditions are available in electronic format on the Website. The Company reserves the right to update, modify, or replace, in whole or in part, this Contract and, therefore, the content of the General Conditions, at any time by publishing the new version on the Website.
The version of the Contract applicable to the Customer is the one in force at the date of Order Transmission.
The Customer is encouraged to save or print a copy of the Contract before proceeding with the purchase. In any case, a copy of the text applicable to the individual Order will always be available upon request by the Customer.
13. Links to Third-Party Websites
The Site may contain hyperlinks (links) to websites operated by third parties, including Suppliers or commercial partners, which are not under the control of the Company. The inclusion of such links is solely intended to facilitate user navigation and does not imply any approval or guarantee by the Company regarding the content, services, or products offered through such websites.
The Company shall in no way be held responsible for the availability, accuracy, legality, or completeness of the contents of such external websites, nor for any direct or indirect damage resulting from access to, use of, or reliance on the information found on these websites.
Furthermore, the Company disclaims any responsibility for the data processing methods adopted by third parties.
14. Governing Law and Jurisdiction
This Contract, governing the General Conditions, is subject to Italian law. In the event of disputes arising from the interpretation, execution, or validity of the Contract:
- If the Customer qualifies as a Consumer, the competent court will be the one of the Consumer’s place of residence or domicile, if located within the territory of the Italian State, or, if the Customer prefers, the Court of Imperia.
- In all other cases, including sales to Professionals, the Court of Imperia shall have exclusive jurisdiction, expressly excluding any alternative or concurrent jurisdiction.
in all other cases, including sales to Professionals, the Court of Imperia shall have exclusive jurisdiction, expressly excluding any alternative or concurrent jurisdiction.