P. IVA: 07263400728
TERMS AND CONDITIONS
These Conditions of Sale concern the purchase of products and services, carried out remotely via electronic network on the website www.toyzup.com belonging to Stefano Martinelli – Via Pitagora, 21 – 37138 Verona - VAT number: 07263400728.
Each operation of purchase will be governed by the provisions of Legislative Decree no. 185/99 and, as regards the protection of confidentiality, it will be subject to the legislation referred to in Legislative Decree. n. 196/2003 and subsequent amendments.
The Customer, by sending electronic confirmation of his purchase order, unconditionally accepts and undertakes to observe the general and payment conditions set out below.
These General Conditions of Sale must be examined online by Customers visiting the toyzup.com website before they confirm their purchases. The forwarding of the order confirmation therefore implies full knowledge of these General Conditions of Sale and their full acceptance.
Toyzup.com is an online site for the sale of action figures, collector's items and gadgets.
Purchases of the products, available as illustrated and described online in the relevant descriptive and technical data sheets, are made by the Customer at the price indicated therein, to be confirmed when sending the order confirmation, in addition to transport costs as follows specified, and in any case displayed at the time of purchase.
Before confirming the purchase, the Customer will be given a summary of the unit cost of each chosen product, the total cost in the case of purchasing multiple products and the related transport costs. By confirming the purchase, upon completion of the transaction, the Customer will receive an email message containing the Date and Total Amount of their Order and its details.
TERMS OF PAYMENT
Payment for the products purchased and the related shipping costs must be made by the customer when sending the order confirmation using one of the following payment methods:
- PAYPAL
- BANK MONEY TRANSFER
SHIPPING
The purchased products will be shipped to the address indicated by the Customer.
The goods, if immediately available in stock, will be shipped within 24/48 hours of payment being credited. In the case of products not yet available, these will be shipped as soon as they are available.
Shipments usually take place via express courier.
Shipping costs are visible at the time of check-out of the purchase procedure.
- COLLECTION OF GOODS
For those in the Verona area, it is possible, by prior agreement, to collect the ordered goods directly.
PRE-ORDERS
For PRE-ORDERS the customer pays a confirmatory deposit with which he books the item of interest, committing himself to pay the remaining part of the price when the same item arrives in the warehouse.
The "confirmatory deposit" and related "penitential deposit" are provided for by articles 1385 and 1386 of the Civil Code. In the event of cancellation of the pre-order signed by the customer, the confirmation deposit will not be returned.
Any delays in the release of the items are not attributable to the sellers and therefore do not represent a reason for the customer to request a refund of the confirmation deposit paid at the time of signing the pre-order itself. The customer is also aware that the release dates are approximate and susceptible to variations as they are attributable to the production times of the respective manufacturing companies and the distribution times of the suppliers, therefore falling outside the responsibility of the retailer.
The balance relating to the pre-ordered items must be paid no later than 10 working days from the notification of the arrival of the goods in the warehouse; If the customer continues to fail to pay the balance, his order will be canceled and the confirmation deposit he paid to reserve the item will not be returned.
The release date of a product indicated is therefore ALWAYS APPROXIMATE.
RIGHT OF WITHDRAWAL
Pursuant to and within the limits of Legislative Decree 22 May 1999, n. 185, the Customer has the right, within 14 working days of receiving the requested goods, to exercise the right of withdrawal. This right applies to all products with the strict exclusion of products delivered sealed and subsequently opened by the Customer or on products that the customer has requested on commission to procure solely for him as in the case of purchase via PREORDER which concerns precisely the purchase through reservation of an item not yet available. In this case, in fact, the withdrawal from the purchase does not provide for the refund of the deposit paid when signing the pre-order as the seller ordered the item following the relevant order placed by the customer. In case of non-acceptance of the returned product because it has been opened by the customer and/or in the absence of the conditions set out above, the product will be returned to the customer at his expense. Again pursuant to the aforementioned Legislative Decree 185/99, it is specified that the right of withdrawal is exclusively reserved for customers definable as "consumers", i.e. only for natural persons who purchase the products for their own use and act for purposes not related to their professional activity. carried out, therefore excluding traders, retailers, professionals, etc.
Methods for exercising the Right of Withdrawal
To exercise the right of withdrawal, the Customer must contact us in advance and send, within 10 days of receiving the goods, a registered letter with return receipt to the following address: Martinelli Stefano - Via Pitagora 21 - 37138 - Verona (VR) - Italy
After receiving our confirmation, the customer can proceed with sending the goods to the same address shown above.
The costs of returning the goods to the sender remain the responsibility of the Customer.
Toyzup will reject any product if the costs of return have not already been paid in full by the customer; or the methods and times established by the Law (art. 5 Legislative Decree 185/99) for the communication of the exercise of withdrawal have not been respected; or in the event that the product has not been packaged with original packaging, or is not complete with all accessories, instruction manuals and everything originally contained, reiterating that, since these are collector's items, if they are sent to the customer factory sealed, returns will not be possible if they have been unsealed and opened.
WARRANTIES AND DEFECTIVE PRODUCTS
Products purchased through Toyzup.com are subject to the regulations, as applicable, of Legislative Decree 2.2.2002 n. 24 (Official Gazette no. 57, 8.3.2002) on sales contracts and guarantees concerning consumer goods and, although not covered therein, the specific provisions provided for in this matter by the Civil Code. This guarantee will apply to the product that presents defects of conformity and/or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, with observance of the various operating rules indicated therein. However, the aforementioned guarantee will not be applicable in case of negligence or carelessness in the use and maintenance of the product. Any malfunction of the products must be reported in writing by the customer within the legal deadline at the time of reshipment of the defective product, reshipment which must be agreed in advance. Toyzup.com reserves the right to make the replacement only after checking the actual defect. The request will be processed only if the following documents are present in the returned package: order number and date, brief description of the defect found. The costs of returning the goods to the sender remain the responsibility of the Customer.
PRIVACY
Informativa per gli interessati all'acquisto dei prodotti sul sito www.toyzup.com (art. 13 D.Lgs. 196/2003)
Information for those interested in purchasing products on the site www.toyzup.com (art. 13 Legislative Decree 196/2003) The personal data that you have provided to us and that you will provide to us during the relationship are processed for the purpose to execute the obligations deriving from the sales contract of which you are a party, as well as to fulfill the consequent obligations imposed by laws, regulations or community legislation. Your personal data are processed for promotional and advertising purposes, only if expressly and previously permitted by you by "clicking" on the appropriate box on the registration form. The processing takes place, also with the aid of electronic means, in compliance with the procedures that the art. 11 of Legislative Decree 30 June 2003, n. 196 (hereinafter: the Law) places your guarantee and, in general, protection of your rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The processing will take place for a period of time not exceeding that strictly necessary for the fulfillment of the purposes described above. The personal data provided by you are not communicated to third parties. We have adopted the minimum security measures for the processing of your personal data required by the articles. 33 ff. of the Law. We undertake to adapt the aforementioned measures in accordance with what is established by subsequent legislative amendments, as well as in relation to the technical evolution of the sector and the experience gained. The provision of personal data is your right, but it is absolutely essential for us to pursue the purposes of the processing mentioned above. Failure to provide data necessarily makes it impossible to fulfill the obligations deriving from any concluded sales contracts. The data controller, i.e. the person responsible for decisions regarding the purposes and methods of processing your data personal, is Stefano Martinelli, as owner of the e-commerce site Toyzup.com, domiciled in Via Pitagora 21 - 37138 Verona (VR). Article 7 of the Law, reported below, identifies the rights of which you are the owner in relation to the processing of your personal data mentioned above and which you have provided to us.
JURISDICTION AND COMPETENT COURT
This contract will be governed by Italian law. For any dispute relating to the validity, interpretation or execution of the same contract, the territorial jurisdiction lies with the Court of Verona. Art. 7 Legislative Decree 30 June 2003, n. 196 - Right of access to personal data and other rights The interested party has the right to obtain confirmation of the existence or otherwise of personal data concerning him, even if not yet registered, and their communication in an intelligible form. The interested party has the right to obtain indication of: the origin of the personal data; of the purposes and methods of processing; of the logic applied in case of processing carried out with the aid of electronic instruments; the identification details of the owner, managers and representative designated pursuant to article 5, paragraph 2; of the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as designated representatives in the territory of the State, managers or agents. The interested party has the right to obtain: updating, rectification or, when interested, integration of data; the cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed; the certification that the operations referred to in letters a) and b) have been brought to the attention, also with regard to their content, of those to whom the data have been communicated or disseminated, except in the case in which this fulfillment proves impossible or involves the use of means that are manifestly disproportionate to the protected right. The interested party has the right to object, in whole or in part: for legitimate reasons, to the processing of personal data concerning him, even if pertinent to the purpose of the collection; to the processing of personal data concerning him for the purposes of sending advertising material or direct sales or for carrying out market research or commercial communication.
P. IVA: 07263400728