CONDITIONS OF SALE

TERMS AND CONDITIONS

General Terms and Conditions of Sale

Website publication and entry into force date 16/10/2023

Subject
1. These general terms and conditions of sale (hereinafter also the “Conditions”) shall apply to the purchase of Blizzard-Tecnica products (hereinafter the “Products” or individually the “Product”) via the di e-commerce website www.blizzard-tecnica.com (hereinafter the “Site”) by users falling within the definition of "Consumers” pursuant to article below. The Site, which is the property of Tecnica Group S.p.A., with registered office in Via Fante d’Italia, 56, (31047) Giavera del Montello, tax code, VAT 00195810262, (hereafter the “Owner” or also “Tecnica Group”), is managed by Triboo Digitale S.r.l. - a Triboo Group company - with registered office in Viale Sarca 336, 20126 Milan, Italy, tax code, VAT No, and Milan Business Registry Enrolment No. 02912880966 (hereinafter “TRIBOO DIGITALE”).
2. TRIBOO DIGITALE sells the Products on the Site on behalf of the Owner. The Parties involved in the purchase of Products via the Site shall be TRIBOO DIGITALE as Seller (hereafter the "Seller ") and the party purchasing one or more Products for reasons other than in relation to the profession, business, trade or craft conducted by that party, as the buyer (hereafter the "Consumer") (the Seller and the Consumer shall be referred to jointly as the "Parties").
3. The Owner is not a party of these Conditions, but holds all rights to the Site's domain name, the logos, the registered trademarks relating to the products available on the Site and holder of all copyrights relating to the Site and its contents.
4. Any communication by the Consumer in connection with and/or in relation to the purchase of the Products, including any notifications, claims or requests concerning the purchase and/or delivery of the Products or exercising the right to cancel, etc, shall be sent to the Seller at the addresses set out on the Site and in accordance with the procedure also set out on the Site and to the e-mail address customercare@blizzard-tecnica.com.
6. All purchases are regulated by the general terms and condition of sale published on the Site at the time the order is submitted by the Consumer. Use of the Consumer’s personal information submitted to or via the Site is governed by our Privacy and Cookies Policy
7. The Site deals in retail sales and as such is designed for the exclusive use by Consumers only. It follows that only Consumers are permitted to submit orders via the Site. Should one or more sales be made to a buyer who does not qualify as a Consumer, these Conditions shall be applicable but, in derogation of what foreseen by the same:
  1. the withdrawal right referred to in article 10 shall not apply to the buyer;
  2. the Product warranty referred to in article 8 shall not apply to the buyer;
  3. no other provisions foreseen in favour of the Consumer which reflect or comply with binding provisions of the law shall apply to the buyer;
  4. the sales contract entered into by the Seller and the buyer shall be governed by Italian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention 1980.
8. On submitting the order, the Consumer agrees that the confirmation of the order information and these Conditions shall be sent by e-mail to the address provided by the same during the site registration or purchase process. The email address of the Consumer will be processed in accordance with thePrivacy Policy.
9. Consumers must be aged 18 or over in order to make purchases on the Site and have legal capacity; the Consumer declares compliance with such requirements.
10. The Customer shall be charged for any costs incurred to connect to the Site via the Internet, including any telephone expenses, according to the rates applied by the service provide chosen by the same
Product features and availability in the various geographical areas.
1. The Products are sold by the Seller with the features described on the Site and in accordance with these Conditions published on the Site at the time of the order, excluding all other terms or conditions.
2. The Seller reserves the right to amend all or part of these Conditions at any moment in time and at its own discretion, with no obligation to give notice to users of the Site. Any amendments shall come into force from the date on which they are published on the Site, and will only apply to sales concluded from that date onwards.
3. Sales prices, the Products sold on the Site and/or the characteristics of the same, may be subject to change without notice. Such changes are only applicable to orders which have not been confirmed before the date such changes come into effect. In any case, the Consumer is therefore advised to check the actual prices before submitting the purchase order, pursuant to article 3 below.
  
  2.4 The Site can be accessed from all over the world. However, the Products available on the Site can only be purchased by users who request delivery to one of the Countries listed on the Site.
Product purchase procedure - Conclusion of each individual purchase contract

3.1 The following procedure has been established for purchases on the Site.

The Consumer must access the Site that displays the Products that are available through that channel, with the following information:
1. our commercial and contractual conditions of sale;
2. address and how to contact Tecnica Group S.p.A.
3. a summary of the main characteristics of each Product ordered and its unit price (including all applicable fees and taxes);
4. the type of payment you may use to purchase each Product;
5. shipping methods for the purchased Products, shipping and delivery costs's information;
6. the estimated delivery date of the Products;
7. information for contacting our after-sales service;
8. if relevant to the purchase, you will also be informed of whether you will have to bear the cost of returning the Products;
9. all information about the legal guarantee of product conformity.
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. The Consumer may check and correct any input errors in your order up until the point at which the Consumer submit the order to the Seller by clicking the "Go to check-out" button on the checkout page.

After placing an order, the Consumer will receive an email from the Seller acknowledging that the Seller has received your order and giving an order reference number. Please note that this does not mean that the order has been accepted. All orders are subject to acceptance. The Seller is not obliged to accept the order and may, at our discretion, decline to accept any order. The Consumer acknowledges that by clicking on the "Pay Now" button, they enter into an obligation to pay for the Product(s).
Product selection and purchase procedure
1. The Products displayed on the Site can only be purchased by selecting the relative Products and adding them to your virtual shopping cart. Once that selection is complete, in order to purchase the Products chosen and added to the shopping cart, the Consumer will be asked to (i) register with the Site, providing details as requested, or, (ii)where already registered, to login, or (iii)to provide their details so that the order can be completed and the contract can be concluded. If the details on the order are different from those provided during the Site registration phase, the Consumer will be asked to confirm the details (by way of example and not limited to: name, surname etc.) as well as the delivery address for the Products chosen, the billing address and, on an optional basis, a telephone number on which the Consumer can be contacted in relation to the purchase made. The Consumer will be shown a summary of the order to be processed, and change the contents: at this point, the Consumer, is required to carefully read and expressly approve the Conditions by ticking the relative check box and, finally, confirm the order by pressing the "Go to check-out" button; this will send the order to the Seller with the consequences illustrated in paragraph. 3.2. of this contract. The Consumer will also be asked to select a delivery option and a payment method from those available. If the Consumer selects immediate payment by credit card or Pay Pal, he will be prompted to provide the relevant data via a secure socket connection. The Seller reserves the right to check the personal details provided by the Consumer for accounting and administration purposes. For payments by credit card, the purchase price will only be charged to the Consumer when the Seller sends the actual order confirmation.
2. In the event that during the Product selection procedure on the Site pursuant to art. 4.1 above, the Consumer should notice that the price of one or more of the Products he/she intends to select and purchase is clearly lower than the standard applicable price, net of any discounts and/or promotions in force at that time, due to a technical problem that has occurred on the Site, the Consumer is kindly requested not to proceed with the purchase order and report the technical error to the Seller's Customer Care service by e-mail to the following e-mail address customercare@blizzard-tecnica.com .
  
  All your payment details, such as the credit card or debit card number and other related information, that we need to receive in order to run our usual fraud checks, will be processed in accordance with our Privacy Policy.
Delivery and acceptance of goods
1. Whilst the Site generally states whether or not Products are available and the relevant delivery times, such information is purely indicative and under no circumstances binding on the Seller.
  
  5.2 The Seller undertakes to do everything within its power to comply with the delivery times given on the Site and, in any event, to deliver within a maximum of 30 (thirty) days from the day after the Consumer places the order. If the order cannot be processed by the Seller, as the Product ordered by the Consumer is not available, even temporarily, for delivery, the Seller shall notify the Consumer in writing and refund the amount already paid as illustrated in more detail in art. 5.3 below.
  
  5.3. The Products ordered by the Consumer shall be delivered according to the method chosen from those available and listed on the Site when the order was placed. The Consumer undertakes to promptly check, within and no later than 3 (three) days of receipt of the Products, that the delivery is correct and includes all and only the purchased Products, and to notify the Seller, within this deadline, of any faulty products received or any discrepancy between the order and the goods actually received, following the procedure referred to in art. 8 of these Conditions; failure to do so will infer that the Products shall be deemed as accepted. In the event that the packaging or boxing of the Products ordered by the Consumer reaches its destination visibly damaged, the Consumer is invited to refuse to accept the delivery from the carrier/courier or accept the delivery “with rights reserved”.
  
  The order will be delivered to the delivery address that the Consumer specify when placing the order.
  
  If the delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that the Seller may not be able to deliver there. If that is the case, the Seller will notify the Consumer before accepting the order. The Seller reserves the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses.
  
  Products comprised within the same order cannot be delivered to different addresses.
  
  Please also note that the Consumer must comply with all applicable laws and regulations of the country for which the Product(s) are destined. The Seller will not be liable for any breach by the Consumer of any such laws.
Prices, shipping costs, customs duties and taxes
1. The price of the Products on sale is that indicated on the Site at the time the order is placed by the Consumer. Product prices shown on the site are inclusive of the costs of standard packaging, VAT (where applicable) and any indirect duties (where applicable), and are exclusive of shipping costs, which will be calculated before the order placed with the Seller by the Consumer is confirmed, and which the Consumer agrees to pay to the Seller in addition to the price shown on the Site.
2. The total price payable to the Seller will be indicated in the Order and also indicated on the order confirmation sent via e-mail by the Seller to the Consumer. The email address of the Consumer will be processed in accordance with the Privacy Policy.
3. If the Products are to be delivered to a country outside the European Union, they may be opened and inspected by customs authorities and may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. For the above, the Consumer acknowledges and accepts that the total price stated in the order and order confirmation, including indirect taxes, is net of any customs duties and any other taxes which the Consumer hereby agrees to pay for, if required, in addition to the price stated in the order and order confirmation, as required by laws in force in the country to which the Product will be delivered. The Seller has no control over the aforementioned charges and can’t predict their amount, so for further information on any duties or taxes applicable in his country of residence or destination of the Products, the Consumer is invited to check with the relevant authorities in his country of residence or destination of Products. In the event that the Consumer returns an item, the import duties will be refunded if they were originally included in the purchase price, otherwise the Consumer will be responsible for reclaiming duty directly from the local customs office.
4. All additional costs, charges, taxes and/or duties payable in any given country, under whatever title, to the Products ordered under the Conditions are the exclusive responsibility of the Consumer.
5. The Consumer hereby declares that where, at the time the order is placed with the Seller, the former is unaware of the costs, charges, taxes and/or duties referred to in paragraphs 6.3. and 6.4. above, this shall not constitute grounds for termination of this contract and shall under no circumstances be charged to the Seller.
Payments
1. . The Consumer expressly agrees that the performance of the contract by the Seller will start the moment the price of the purchased product/s is credited to the Seller’s bank account.
2. Payments for orders placed on the Site can be paid for by credit card, or via PayPal at the conditions provided below. The Seller may also allow other payment methods, as seen in the specific payment section on the Site.
3. When payment is by credit card, the Consumer will be transferred to a secure site and the credit card information will be communicated directly to Global Collect Service BV, with registered office in Amsterdam, Holland, via Platenweg 43-49, 2132 HF Hoofddorp, enrolled with the Amsterdam Business Register no. 34140462, the operator designated by the Seller to handle all such transactions. The data provided will be sent securely using SSL (Secure Socket Layer) 128 bit encrypted file transfer systems. Such data remain inaccessible even for the Seller.
4. The invoice/tax records relating to the purchase will be sent to the Consumer in electronic format, if required by law, to the e-mail address provided during the registration process, if the Products are to be delivered to a recipient in the Italian territory, or attached to the purchased Product in paper format, in all other cases.
LEGAL GUARANTEE: Faulty products
1. Pursuant to and for the purposes of the European Directive 771/2019/ EC and the Italian Legislative Decree no.206/2005 as amended and supplemented (hereinafter "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer, without prejudice to any mandatory rule of law. The application of any warranty is excluded in the event of use or washing of the Product that does not comply with that of the Product and with the instructions / warnings provided by the Seller and / or by the Owner, or reported in the reference documentation, in the tags or in the labels. The Seller also guarantees that the good is of the quantity, quality, durability, functionality, compatibility and safety ordinarily present in a good of the same type.
2. The Consumer can report any defects and non-conformities by filling in the form with indication of the defect and / or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least n. 1 (one) photograph of the Product, the order confirmation sent by the Seller and / or the purchase receipt). The action aimed at asserting the defects not maliciously concealed by the Seller will expiry in any case after twenty-six months from the delivery of the Products to the Consumer.
3. Following receipt of the form and related documentation, the Seller will evaluate the defects and nonconformities reported by the Consumer through the assistance service of the Owner and, after carrying out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorise the return of the Products by providing the Consumer with an e-mail reply containing the "Return Code", sent to the address provided by the latter during the registration process on the Site or when transmitting the order. The authorisation to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be ascertained after the return. The Products for which the Seller has authorised the return must be returned by the Consumer, together with a copy of the return authorisation notice bearing the "Return Code", within 30 (thirty) days of reporting the defect or non-conformity, to the following address:
  
  TRIBOO DIGITALE C/O T.W.S. LOGISTICA SRL, VIA PHILIPS 12, 20900 MONZA (MB) – ITALY
4. In the event of defects or non-conformities, the Consumer will be entitled to have the Product restored to conformity by the Seller, through repair or replacement, or alternative remedies in the cases expressly provided for by the Consumer Code. The Seller shall reimburse the Consumer for the price paid plus the costs for shipping the Product back to the Seller. The refund will be made, where possible, by the same means of payment used by the Consumer when purchasing the Product or by bank transfer. It will be the responsibility of the Consumer to communicate to the Seller, again by filling in the with the bank details to make the transfer in his favour and to ensure that the Seller is put in a position to be able to return the sum due.
Liability for damage from defective products
1. As regards any damage caused by defects in the Products, the provisions of the Consumer Code apply. In its capacity of distributor of the Products through the Site, the Seller frees itself from any liability, none excluded and
  
  / or excepted, indicating, at the request of the damaged Consumer, the identity and address of the relevant manufacturer.
Right of Withdrawal and Return Process
1. Subject to the exceptions provided for in Article 59 of the Consumer Protection Code, the Consumer shall have the right to withdraw from any contract concluded pursuant to these Conditions for any reason, without having to provide any explanation and without incurring any penalty, within 14 (fourteen) days from (i) the day on which the Product is delivered or (ii) if several Products on one order are delivered separately, from the date the last Product was received.
2. To exercise a right of withdrawal, the Consumer must clearly inform the Seller, preferably by completing the cancellation form.
3. On completing the requirements of paragraph 10.2 above, the Consumer will receive a withdrawal confirmation email, containing the RMA form to be included in the package, along with the instructions on how to return the Product, to be sent within and no later than 14 days to:
  
  TRIBOO DIGITALE C/O T.W.S. LOGISTICA SRL, VIA PHILIPS 12, 20900 MONZA (MB) – ITALY
5. If the Consumer has received the Product, he is required to return it to the address indicated in the previous paragraph (10.3) without undue delay and, in any event, within 14 days from the day that notice of such withdrawal was given. The deadline shall be met if you send back the goods before the period of 14 days has expired. All shipping risks and direct costs incurred when returning the products shall be borne by the Consumer. If the Consumer exercises its right of withdrawal via the website using the return service provided by the website, before confirming the withdrawal request, the cost to return the goods will be indicated.
6. If the Consumer withdraw from this contract, we shall refund all payments received from the Consumer, with the exception of shipping the Product back to the Seller’s address indicated , without undue delay and in any event no later than 14 days from exercising the right of withdrawal. The Seller will carry out such refunds using the same means of payment used by the Consumer for the initial transaction, unless the Consumer requests the refund via a different means of payment, in which case the Consumer will be charged for any additional fees incurred as a result of the choice of such means. The Seller may withhold the refund until the Seller have received the returned goods or the Consumer has supplied evidence of having despatched the goods, whichever is the earliest.
7. The Consumer is liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are found to be damaged (e.g. the authenticity label and security seal, signs of wear, abrasion, nicks, scratches, deformation, etc.), not complete with all parts and accessories (including unaltered labels still attached to the product), unaccompanied by the instructions/notes/manuals supplied, the original packaging and packing and the original warranty, if any, the Consumer shall be accountable for the decreased value of the product, and be entitled to receive a refund equal to the residual value of the Product. To this purpose, it is highly recommended for Consumers not to handle the product other than as strictly necessary to establish the nature, characteristics and functioning of the same, and to use the original packaging of the Products plus further protective packaging that will keep them intact and protect them from writing or labels.
  
  10.7 If the Consumer has placed an order for more than one Product and do not wish to return all the articles in the order, the Seller will only refund the amount for the Products that the Consumer wish to return, without refunding all or part of the order delivery costs. The reason for this is that the costs incurred in a home delivery are fixed. They are paid for each order placed, and do not vary based on the number of Products included in the order.
Intellectual Property Rights
1. The Consumer acknowledges that he or she is aware that all trademarks, names and other distinctive signs as well as any names, images, photographs, written text or graphics used on the Site or relating to the Products are and remain the exclusive property of Tecnica Group S.p.A. and/or its assignees, with no rights arising on the part of the Consumer in relation to the same as a result of access to the Site and/or purchase of the Products.
2. No contents of the Site can be reproduced in whole or in part, transferred using electronic or conventional means, modified or used for any purpose whatsoever.
  
  Any alteration to the content or structure of the Website by you is strictly prohibited.
Security
1. It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
  
  We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.
Applicable law, settlements and jurisdiction
1. Without prejudice to any mandatory rule of law, if and where applicable, these terms and conditions shall be governed by Italian law, and in particular by Italian legislative decree no. 206 of 6 September 2005 on distance contracts and by Italian legislative decree no. 70 of 9 April 2003 on certain aspects related to e-commerce.
3. In the event of a dispute between the Seller and the Consumer, we hereby undertake to attempt to reach an amicable settlement which Consumers can submit to the RisolviOnline service, an independent settlement service provided by the Board of Arbitration of the Chamber of Commerce of Milan, which provides the possibility to reach a satisfactory agreement, with the assistance of an impartial and expert Arbitrator, in an amicable and secure manner on the internet. For further information on the RisolviOnline regulations or to submit a settlement request, please visit the website at www.risolvionline.com.
5. As an alternative to the settlement proposed in art. 13.2 above, the Consumer is also entitled to access the European Online Dispute Resolution Platform (European ODR Platform) to resolve any disputes between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Council implementing Directive no. 2013/11/EU and Regulation (EU) no. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a Consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list provided. For further information on the European ODR Platform, or to submit a complaint and start alternative termination procedures concerning the dispute relating to this contract, please use the following link: http://ec.europa.eu/odr. The Seller's email address to be reported to the European ODR Platform is as follows: customercare@blizzard-tecnica.com .
7. If no settlement attempt is made, as under paragraph 13.2 and/or 13.3 above, or the attempt is not successful, exclusive jurisdiction for all disputes shall granted to the competent court in the Consumer's residence or domicile address.
Code of ethics

Tecnica Group S.p.A. has approved and formally adopted the Organizational, Management and Control Model pursuant to and for the purposes of Law no. 8 June 2001, no. 231 “Discipline of the administrative liability of legal persons, companies and associations, including those without legal personality, pursuant to art. 11 of the Law 29 September 2000 n. 300” and the Ethical Code, which sets out the ethical principles to which it complies and which requires the most rigorous observance by all those who - for whatever reason - enter into business relations with the Company in pursuit of its objectives.
Contacting us

The Consumer may submit any question related to the Products to customercare@blizzard-tecnica.com

CONDITIONS OF SALE

TERMS AND CONDITIONS

Subject

Product features and availability in the various geographical areas.

Product purchase procedure - Conclusion of each individual purchase contract

Product selection and purchase procedure

Delivery and acceptance of goods

Prices, shipping costs, customs duties and taxes

Payments

LEGAL GUARANTEE: Faulty products

Liability for damage from defective products

Right of Withdrawal and Return Process

Intellectual Property Rights

Security

Applicable law, settlements and jurisdiction

Code of ethics

Contacting us