TERMS & CONDITIONS

Preamble

These general terms and conditions for online sales regulate the purchase agreement (hereafter, the “Agreement”) of the products (hereinafter, the “product” or the “products”) offered by TobeFactory through the websitewww.tobefactory.com (hereinafter, the “Website”) to the website users (hereinafter, the “Customers” or the “Customer”).
These general terms and conditions of sale set forth the definition of the rights and obligations of the parties in the context of distance sales of goods listed on the online shop www.tobefactory.com in compliance with the applicable laws on e-commerce and distance contracts.
The Customer declares to have read all the information and general terms and conditions of sale before placing the order.

Company information

TOBEFACTORY

Via Ludovica Albertoni 90

00152 Roma Italy

P.IVA 12874801009

C.F. FLMMRA65T14H501W

Tel: +39 3384511793

Email: info@tobefactory.com

1. General terms and conditions of Sale

– The Agreement stipulated between Tobefactory and the Customer shall be concluded with the acceptance, including partial acceptance, of the order by Tobefactory. By placing an order in one of the manners provided for, the Customer declares to have read all the information provided to him during the purchase process and, accordingly, to fully accept the general and payment conditions set out below.
– It is strictly prohibited to insert false and/or fictitious personal data into the data collection forms required to complete the order. It is also prohibited to insert data relating to third parties or to create more than one account in relation to one single Customer. The Supplier reserves the right to legally pursue any violation or abuse in the interest of and to protect all Customers.
– Once the online purchasing process is concluded, the Customer shall print or save an electronic copy and, in any case, keep these general terms and conditions of sale in accordance with articles 3 and 4 of Legislative Decree n. 185/99 on distance sales. The forwarding of the order confirmation therefore implies the full awareness of the conditions and their full acceptance.
– The Customer is not entitled to claim damages or compensation from the Supplier, nor to hold him responsible for any liability arising in contract or tort for direct or indirect damages to individuals and/or goods caused by the failed acceptance, including partial acceptance, of an order.

2. Products: features and prices

– The technical and operational features relating to the products listed on the Website are those communicated by the respective producers. TOBEFACTORY is not liable in any way for the truthfulness and completeness of this information: the images of the products are for information only and not binding.
The presentation pictures and videos of the products provided with the descriptive information are published on the Website for descriptive purposes, keeping in mind that the quality of the images, including an exact display of the colour variations, can depend on the hardware and software tools used by the Consumer while browsing the Website.
Although the Website provides information on the features of the Products, the Customer is responsible for the choice of the ordered Products and for the correspondence and conformity of the features indicated by each producer with his own needs.
– The price seen on the Website in the profiles of the individual products does not include delivery costs, which are charged separately and will be shown in the order confirmation. The products are not supplied on a trial basis.
– For deliveries within the European Union, the displayed prices include VAT applicable on the day of the order: they are therefore shown including VAT. No customs tariff or VAT will be payable for a delivery within the European Union.
– For deliveries outside the European Union, the Customer shall take on the payment of any customs tariffs, VAT or other duties applicable to the import of the products into the country where the delivery shall be carried out. Customs and tax formalities regarding deliveries outside the European Union are borne exclusively by the Customer, unless otherwise specified, and the Customer is also solely responsible for verifying the import possibilities of the ordered Products.

3. Acceptance of the order

– The Agreement shall be concluded only upon confirmation of the order by TOBEFACTORY.
The Customer shall receive via fax, post or e-mail a notification of correct receipt containing the order confirmation and the main elements of the Agreement (ordered products, prices, delivery dates, delivery costs, …)
– TOBEFACTORY reserves the right not to confirm an order for any reason relating in particular to a problem with supplying the Products or a problem regarding the order itself.

4. Payments and billing

– The payment of the purchased Products and the relative delivery costs shall be carried out by the Costumer by means of one of the following methods of payment: Credit Card, PayPal, Bank Transfer.
– The payment with bank transfer shall be credited to our bank account within 10 working days from the placement of the order. After that date the order will be considered as cancelled. The Products will be shipped only after the amount is credited to Tobefactory bank account.
Via ludovica albertoni, 90 00152 ROMA

Bank

BNL Gruppo BNP Paribas
IBAN IT 47 S 01005 03213 000000004767

BIC BNLIITRRXXX

– The ordered Products shall remain in the property of TOBEFACTORY until final and full payment of their price (in accordance with art. 1523 and following of the Italian Civil Code): TOBEFACTORY reserves the right to lay claim to the ordered products in case of non-payment.
– The tax documentation relating to the ordered Products shall be issued by TOBEFACTORY upon shipping of the Products themselves to the Customer. The Customer undertakes to provide the exact information regarding the delivery and billing address: in case of incorrect delivery of said information, all possible additional collection and reshipment costs shall be borne by the acquiring Customer.
– The Customer undertakes to pay, if necessary, and this directly to the courier or the carrier, any customs tariffs, VAT or other duties applicable to the import of the products into the countries where the delivery shall take place.

5. Delivery of the products

– The purchased Products shall be delivered by means of express courier or professional carrier, to the address specified by the Customer as delivery address.

– The delivery shall be considered as carried out from the moment the Product is delivered to the Customer: the delivery note issued by the carrier, dated and signed by the Customer at the delivery of the Product, shall constitute proof in terms of transport and delivery of the product. Therefore, at delivery, TOBEFACTORY recommends that the Customer check the status of the products and the number of delivered parcels before signing the delivery note.

In the case of particularly bulky items, or in any case the verification can not be carried at the same time of the delivery, it is the customer’s duty to sign the delivery documents subject to control; if the signature is digital, please allert the carrier.

Parcels accepted without reserve are to be considered accepted for all purposes; in case of damaged goods, the return costs will be entirely paid by the customer.

– In case of anomalies, the Customer shall reject the delivery of the products or specify in writing his reservations, detailed and dated. Said reservations shall be notified to TOBEFACTORY within 3 working days following the delivery of the products.
– In case of delays, total or partial losses, the Customer has the right to claim against the carrier without TOBEFACTORY’s liability ever being called into question.

– Deliveries of products in stock are dispatched within 2/5 days for Italy and 3/9 days for European destinations. Deliveries of products which are out of stock are dispatched within the timeframes indicated by the various suppliers and stated in the individual profiles of the products. The delivery times indicated on the Website shall be intended as not binding for TOBEFACTORY, which can later confirm or modify them according to its actual means and needs.

– The delivery times are approximate in case there are no physical or structural impediments (i.e.: wrong addresses) or events of force majeure such as strikes, natural catastrophes, problems relating to transport/supply/manufacture. If the event of force majeure continues for a period of more than two months compared to normal delivery times, each Party shall have the right to withdraw from the Agreement without incurring liability to the other party. Delivery times are always expressed in working days.

– The majority of our Products is pre-assembled: the assembly is very often rather easy, normally requires to assemble already defined pieces. The delivery of the Products, unless otherwise specified, is always understood to the front door and trade-in is not provided for. TOBEFACTORY does not offer services of assembly and delivery to a specified floor unless previously stipulated in writing. 

6. Collection of the products in case of Costumers’ absence

– In case of absence of the recipient during delivery, the carrier shall leave a notification card at the delivery address specified by the Customer. In case of absence of the recipient also during a second delivery attempt, the Products shall be collected at the address and in the manner specified by the carrier.
– In case of non-collection within the period set by the carrier, the Products will be returned to TOBEFACTORY, which reserves the right to refund the price of the Products, the delivery costs to be borne in any case by the Customer. 

7. Availability of the Products

– The Product availability indicated on the Website is only given for information; in case of stock shortage or unavailability of the ordered Product, TOBEFACTORY guarantees the regular dispatch of the placed order, reserving the right to order the goods temporarily not on stock from the suppliers and undertaking to inform the Customer as soon as possible and to specify a term for the availability of the Product.
– In any case the Customer will be able to notify TOBEFACTORY whether he intends to wait for the availability of the Product or to exercise his right to request a refund: TOBEFACTORY reserves the right to refund or not the price of the Products. In that case, the buyer will not be able to exercise his right of withdrawal for failed immediate delivery, or for delayed delivery compared to the delivery time explicitly stated in the Product’s profile. 

8. Right of withdrawal

– The Customer is entitled to withdraw from any distance contract without penalty and without giving any reason, within the period of 10 working days from the day of delivery to the consumer.
– The right of withdrawal shall be exercised by the Customer, under penalty of expiration, by certified mail or registered letter with acknowledgement of receipt sent to TOBEFACTORY.
– The right of withdrawal may not be exercised for “goods made to the consumer’s specifications or clearly personalised”.
– All returned goods (which shall be perfectly intact and accompanied by their original packaging) shall be authorised by TOBEFACTORY. The product shall be returned in its original packaging. It shall not have been used, nor have suffered any damage albeit small, in a perfect state of cleanness and re-saleable. Once the return has been authorised, the Customer shall may send the Product to the following address: TOBEFACTORY, Via Ludovica Albertoni 90, 00152, Roma, Italy.

Packages to be paid cash on delivery will not be accepted.
– This legal provision is not applicable in any case to Customers or professional consumers that is to say to those natural persons or legal entities that do not act for purposes which are outside their trade, business or profession.
Once the Products have been received (and their integrity verified) TOBEFACTORY shall, as soon as possible and in any case within 30 days the latest, refund the paid sums to the Customer. For this purpose, the Customer shall communicate to TOBEFACTORY his bank account details.
– The refund costs are completely borne by the Customer. Following their receipt, TOBEFACTORY shall examine the goods in order to verify the existence of possible damages or tampering, the total integrity is a necessary condition for exercising the right of withdrawal. In case of damage occurred during the transport of the good to be returned, TOBEFACTORY shall recount the incident to the Costumer within 5 working days in order to enable him to timely report it to the carrier chosen by him and to obtain a refund of the good’s value if insured; in this case, the Product shall be put at the Costumer’s disposal for its return, simultaneously cancelling the request to withdraw. TOBEFACTORY is not liable in any way for damages or thefts and the loss of goods returned with uninsured shipment.
– During the withdrawal period, the Customer is liable for the object in his quality of custodian. In case of damage or destruction of the Product during the Customer’s custody, the right of withdrawal is lost.  All delivery and packing costs for the refund of the goods are borne by the Customer (as provided for by art. 67 para. 3 of Legislative Decree no. 206 of 06/09/05), except in case of non-conformity or hidden defects of the Product.

9. Complaints

– Complaints for the failed conformity of the delivered Product(s) with the order shall be communicated in writing directly to TOBEFACTORY, immediately after receipt.
In case of a defect inherent to the Product, the Customer undertakes to return the Product or Products concerned to TOBEFACTORY within 3 days from the receipt, provided that they are returned in a closed packet, in their original status and packaging and with the accompanying documents.
– Once the product has been received in the correct form and manner, TOBEFACTORY shall re-send, at its own expense, the Product initially ordered as soon as possible. 

10. Warranties on the Products

– TOBEFACTORY guarantees the sole material integrity of the Products at the time of delivery (“TOBEFACTORY Warranty”). Possible defects shall be communicated by the Customer, under penalty of expiration, within and not later than 3 days from the date of delivery. The Customer shall have the right to substitution of only the damaged Products after the return of said Products, the right of the Customer to the refund of any damage, also further damage, being excluded. The delivery costs which are necessary for the substitution of Products are borne by TOBEFACTORY.
– TOBEFACTORY does not give any further guarantee for Products than the one given by the single Producers. The technical assistance and interventions during the warranty period on Products are carried out, if any, by the single Producers, in accordance with the terms and manners set out in the documentation enclosed in the Products themselves. TOBEFACTORY does not give any guarantee in relation to the compatibility of the Products with other Products used by the Customer, nor does it give any guarantee regarding the suitability of the Products for the specific use envisaged by the Customer.
– Save for cases of fraud or gross negligence of TOBEFACTORY, should the liability of TOBEFACTORY be ascertained in respect of any title towards the Customer, including the case of non-fulfilment, total or partial, of the obligations undertaken towards the Customer as a consequence of the performance of an order, the liability of TOBEFACTORY shall not be higher than the price of the Products acquired by the Customer and regardless of the reason why the complaint may have arisen. 

11. Protection of personal data

v is the controller of the personal data collected at the time of registration with the Website, as well as of the data later communicated at the time of purchase by the Customer, save for the data relating to the payment procedure for which we refer to the banks through which the transaction is carried out.

12. Electronic signature

The “confirmation click” amounts to an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

13. Entirety of the contract

These general terms and conditions of sale form the entirety of the parties’ obligations.
No further general or particular condition communicated by the Customer may be added to or go beyond the these general terms and conditions.

14. Intellectual and industrial property rights

TOBEFACTORY is the holder of the intellectual property rights of the Website and of the right to diffusion of the elements contained in the online-store’s catalogue and, in particular, of the pictures for which it has obtained the necessary authorisations from the persons concerned.
Consequently, the partial or total reproduction on any kind of platform, of the elements which form the website and the catalogue, their utilisation as well as their transfer to third parties are formally forbidden.

15. Nullity

Should one or more of these general terms and conditions be deemed invalid or declared as such in accordance with a law, regulation or following the final ruling of a competent jurisdiction, the remaining disposition shall remain in force and valid.

16. Applicable law

The sale agreement between the Customer and TOBEFACTORY is deemed to be concluded in Italy and to be regulated by the laws of Italy.

17. Jurisdiction

In case of controversies or of lack of an amicable agreement between the parties, without prejudice to the possible applicability of mandatory legal dispositions for the protection of consumers (as defined by art. 1 let. b) of Legislative Decree 22 May 1999 no. 185), any controversy in any case related to these General Terms and Conditions shall be allocated to the exclusive jurisdiction of the Court of ROMA.

18. Online dispute resolution for consumers

The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link http://ec.europa.eu/consumers/odr/. The Owner is available for any questions via the email address posted under the Owner’s information in this document.