Terms of sale

1. Object
1.1. These general conditions of sale (hereinafter also the “Conditions”) apply to the purchase of THUN CASA products (hereinafter the “Products” or individually the “Product”) made through the e-commerce site www.thuncasa.com (hereinafter the “Site”) by users classified as “Consumers” pursuant to Article 1.2 below. The Site is owned by Thun SpA, with registered office in 39100 Bolzano (BZ) Via L. Galvani 29, VAT number, Tax code and registration number in the Bolzano Company Register no. 00833770217, REA no. 89957 (hereinafter the “Seller”).
The Conditions also regulate the provision to the Consumer of the telephone booking service by the Seller for the placing of purchase orders.
1.2. Purchases of Products made through the Site and the telephone booking service will be between Thun SpA, as Seller, and the person purchasing one or more Products for purposes not related to their entrepreneurial, commercial, artisanal, or professional activity, as the purchaser (hereinafter the “Consumer”). The Seller and Consumer will hereinafter be collectively referred to as the “Parties.” The resale or transfer of Products purchased on the Site for any commercial or professional purpose is expressly prohibited. All activities relating to the fulfillment of purchase orders, including the delivery of Products, the management and resolution of complaints, and the management of procedures relating to the exercise of the right of withdrawal pursuant to Articles 52 et seq. of the Consumer Code, refunds, and returns, also pursuant to Articles 128 et seq. of the Consumer Code, will be managed by the Seller and/or its suppliers/commercial partners.
1.3. The Seller owns the rights to the domain name of the Site, the logos and trademarks relating to the Products presented on the Site, as well as the copyright on the contents of the Site.
1.4. Any communication from the Consumer connected and/or related to the purchase of the Products - including any reports, complaints, requests concerning the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and according to the methods indicated on the Site and to the email address consumerservice@thuncasa.com.
1.5. Each purchase is governed by the general conditions of sale in the version published on the Site at the time the order is sent by the Consumer.
1.6. The Site is dedicated to retail sales and as such is intended for the exclusive use of Consumers. Persons who are not Consumers are advised not to place purchase orders. If one or more sales are made to a person who does not qualify as a Consumer, these Conditions will apply but, notwithstanding their provisions:
a) the buyer will not be granted the right of withdrawal referred to in Article 10 and as indicated on the “Returns and Refunds” page under the “Right of Withdrawal” heading;
b) the buyer will not be able to benefit from the warranty on the Products specifically indicated in article 8, but only from that ordinarily provided for as mandatory by law;
c) the buyer will not be granted any other protections, provided herein for the benefit of the Consumer, which reflect or comply with mandatory provisions of the law, and in particular the Consumer Code (Legislative Decree no. 206/2005);
d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods – Vienna Convention of 1980.
1.7. Upon submission of the purchase order, the Consumer agrees that confirmation of the information relating to the order placed and these Conditions will be sent to the email address provided by the Consumer during registration on the Site or during the purchase process.
1.8. To make purchases through the Site, the Consumer must be of legal age (18 years) and have the capacity to act, which the Consumer declares to possess.
1.9. Any costs for connecting to the Site via the Internet, including telephone costs, are the sole responsibility of the Consumer, according to the rates applied by the operator selected by the Consumer.

2. Product characteristics and their availability in different geographical areas
2.1. The Products are sold with the characteristics described on the Site and according to the Conditions published on the Site at the time the order is placed by the Consumer, excluding any other conditions or terms. The Seller declares and certifies that the Products comply with the subjective and objective requirements set forth in Article 129 of the Consumer Code, including, but not limited to:
- correspond to the description, type, quantity and quality and have the expected functions;
- they are supplied together with all the expected and necessary accessories and instructions;
- possess the quality and correspond to the description of a sample or model represented by the Seller.
2.2. The Seller reserves the right to modify these Conditions at any time, at its sole discretion, without prior notice to users of the Site. Any changes made will be effective from the date of publication on the Site and will apply only to sales concluded on or after that date.
2.3. Prices, Products for sale on the Site, and/or their features may be subject to change without notice. Such changes apply only to orders not yet confirmed on the date of the change. In any case, before submitting the purchase order pursuant to Article 3 below, the Consumer is invited to verify the final sale price.
2.4 The Site can be accessed from anywhere in 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.

3. Method of purchasing the Products - Completion of each individual purchase contract
3.1. Before purchasing the Products by submitting the purchase order, the Consumer will be asked to carefully read these Conditions and the information on the right of withdrawal. Furthermore, the Consumer will be asked to identify and correct any errors in their data entry.
3.2. The purchase order sent by the Consumer to the Seller via the Website, or by telephone confirmation, has contractual value and is governed by these Conditions, which constitute an integral part of the order itself and which the Consumer, by sending the order to the Seller, declares to have read and understood, and is required to accept their content fully and without reservation.
3.3. The Consumer's purchase order is accepted by the Seller by sending the Consumer, to the email address provided by the Consumer to the Seller upon registration on the Site or upon placing the order if the Consumer is not registered on the Site, an email and/or other means of order confirmation. This email will contain a summary of the order placed, including a detailed indication of the price, shipping costs, and applicable taxes.
3.4. The Consumer's order, the Seller's order confirmation and the Conditions applicable to the relationship between the Parties will be electronically archived by the Seller in its IT systems.

4. Product selection and purchase procedure
4.1. The Products presented on the Site may be purchased by selecting the Products of interest to the Consumer and adding them to the virtual shopping cart. Once the Products have been selected, to purchase the Products placed in the cart, the Consumer will be asked to (i) register on the Site by providing the requested information, or (ii) log in if the Consumer is already registered, or (iii) provide their data in order to complete the order and allow the contract to be finalized. If the information indicated in the order is different from that provided during registration on the Site, the Consumer will be asked to confirm their data (for example, but not limited to: name, surname, etc.), as well as the delivery address for the selected Products, the billing address, and, optionally, a telephone number where they can be contacted for any communications relating to the purchase made. The Consumer will view a summary of the order to be placed, the contents of which can be modified. The Consumer, after carefully reading it, must expressly approve these Conditions by checking the appropriate checkbox on the Site. Finally, by clicking the order button, the Consumer will be asked to confirm the order, which will then be definitively sent to the Seller and will produce the effects described in the previous article 3.2. of these Conditions. The Consumer will also be asked to choose the shipping method and payment method from those available. If the Consumer chooses immediate payment (at the time of purchase) by credit card or PayPal, they will be required to provide the relevant data via a secure connection. For accounting and administrative purposes, the Seller reserves the right to verify the personal information provided by the Consumer. If payment is made by credit card, the purchase amount will be charged exclusively upon transmission of the order confirmation by the Seller to the Consumer.
4.2. If, during the Product selection process on the Site referred to in the previous art. 4.1, the Consumer finds that the price of one or more of the Products he or she intends to select for subsequent purchase is clearly lower than the standard price, net of any discounts and/or promotions in effect at that time, due to an obvious technical problem that has occurred on the Site, he or she is requested not to complete the purchase order and to report the aforementioned technical error to the Seller's Customer Service by sending an email to consumerservice@thuncasa.com.
4.3. In cases where the Consumer has completed his purchase order and the latter includes a Product whose price is clearly lower than the standard price, net of any discounts and/or promotions in force at that time, due to an evident technical problem that has occurred on the Site, if the Consumer has not yet received the Product, the Seller will (i) cancel the order by sending a communication to this effect via email to the email address indicated by the Consumer when placing the order and (ii) refund the Consumer for the payments made by the latter in relation to the cancelled order, including delivery costs, without undue delay and, in any case, no later than 14 days from the cancellation of the order, using the same payment method used by the Consumer for the initial transaction.

5. Delivery of goods and acceptance
5.1. The Site indicates the availability of the Products and their delivery times, however, this information is to be considered purely indicative and not binding for the Seller.
5.2 The Seller undertakes to do everything within its power to comply with the delivery times indicated on the Site and, in any case, to deliver within a maximum of 30 (thirty) days from the day following the day on which the Consumer placed the order. It is understood that the Seller shall not be liable under any circumstances for unforeseeable delays or delays not attributable to it. In the event of failure by the Seller to fulfill the order due to the unavailability, even temporary, of the Product, the Seller will provide written notice to the Consumer within 72 hours and will refund any sums already paid by the Consumer for the Product pursuant to the following art. 5.3.
5.3. The Products ordered by the Consumer will be shipped using the method selected by the Consumer, among those available and indicated on the Site at the time the order is placed. The Consumer undertakes to promptly check, as quickly as possible, that the delivery includes all and only the Products purchased and to promptly inform the Seller of any discrepancies from the order placed, no later than 30 days after ordering the Products; failing this, the Products will be deemed accepted. If the packaging or wrapping of the Products ordered by the Consumer arrives at their destination clearly damaged, the Consumer is invited to refuse delivery from the carrier/shipper or to accept delivery "with reservations". In any case, pursuant to art. 133 of the Consumer Code, the Seller guarantees the Consumer against any lack of conformity presented by the Product at the time of delivery.

6. Prices, shipping costs, taxes and duties
6.1. The price of the Products is the one indicated on the Site at the time the order is placed by the Consumer. Prices include standard packaging costs, VAT (where applicable), and any indirect taxes (where applicable). They do not include shipping costs, which are calculated before the order is confirmed by the Seller to the Consumer and which the Consumer undertakes to pay to the Seller in addition to the price indicated on the Site.
6.2. The Consumer shall pay the Seller the total price, as reported in the order and in the order confirmation sent by email by the Seller to the Consumer.
6.3. The shipping service is active in Italy. If sales are implemented outside of Italy and the Products are to be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales taxes, which the Consumer hereby undertakes to pay, if applicable, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the legal provisions of the country to which the Products will be delivered. The Consumer is invited to consult the competent authorities of their country of residence or destination of the Products to obtain information on any duties or taxes applied in their country of residence or destination of the Products.
6.4. The Consumer is solely responsible for any additional costs, charges, taxes and/or duties that a given country may apply, for any reason whatsoever, to the Products ordered under these Conditions.
6.5. The Consumer declares that lack of knowledge of the costs, charges, duties, taxes and/or fees referred to in the previous paragraphs 6.3. and 6.4., at the time of sending an order to the Seller, shall not constitute grounds for termination of this contract and that he/she shall not in any way be entitled to charge the aforementioned charges to the Seller.

7. Payments
7.1. Payment for the price of the Products purchased through the Site must be made at the same time as the conclusion of the contract, as set out in Clause 3. The Consumer expressly accepts that the execution of the contract by the Seller will begin upon crediting the price of the Product(s) purchased to the Seller's current account.
7.2. Payment may be made by credit card or PayPal, under the conditions described below. The Seller may allow additional payment methods, indicating them in the payments section of the Site.
7.3. If payment is made by credit card, the Consumer will be transferred to a secure site and the credit card details will be communicated directly to the operator managing the transaction. This data is not accessible even to the Seller.
7.4. The Seller will send the Consumer, if the latter has requested it during the Product purchase process, an electronic receipt via email to the address provided by the Consumer. For registered Consumers, the receipt for the purchase can be downloaded from the My Account page.

8. Seller's legal guarantee of conformity, reporting of defects of conformity and interventions under warranty
8.1. Pursuant to and for the purposes of Directive 2001/95/EC (Directive of the European Parliament and of the Council of 3 December 2001 on general product safety) and Italian Legislative Decree no. 206/2005 (hereinafter the "Consumer Code"), the Seller guarantees the Consumer that the Products will be free from design and material defects and compliant with the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. The application of any warranty is excluded in the event of use, washing, or other handling of the Product that does not comply with the Product's intended use and the instructions/warnings provided by the Seller and/or the Owner, or reported in the relevant explanatory documentation, tags, or labels.
8.2. The Consumer must report any defects and non-conformities within the legally established deadline (equal to 26 months for the person holding the qualification of "Consumer", or as provided for by the Civil Code for other persons) by sending the appropriate form correctly completed to the Seller's Customer Service department, via email to consumerservice@thuncasa.com, indicating the defect and/or non-conformity found, as well as the relevant documentation indicated in the return form itself (at least one photograph of the Product, the order confirmation sent by the Seller and/or the receipt).
8.3. The Seller, while remaining in any case, pursuant to art. 133 of the Consumer Code, willing to guarantee the Consumer against any lack of conformity presented by the Product at the time of delivery, will promptly evaluate the defects and non-conformities reported by the Consumer and, after having carried out internal quality controls to verify the actual non-conformity of the Product, will take the necessary measures to authorize the repair of the Products under warranty or, where not possible, authorize their return by providing the Consumer with feedback via email to the address provided by the latter during the registration process on the Site or when placing the order. Authorization to return the Products will in no way constitute recognition of defects or non-conformities, the existence of which must be verified 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 communication, within 30 (thirty) days of reporting the defect or non-conformity, to the address that will be communicated by the Seller.
8.4. In the event of defects or non-conformity, the Consumer will have the right to have the Product restored to conformity by the Seller, through repair or replacement, or to alternative remedies in the cases expressly provided for by Articles 135bis, 135ter and 135quater of Legislative Decree no. 206/2005. The Consumer may avail himself, at his discretion, alternatively of the restoration of conformity, a price reduction or termination of the Contract in the event of a lack of conformity of the Products resulting from the Manufacturer's violation of third-party rights (intellectual property rights). If the Seller has undertaken to refund the Consumer the price paid, the refund will be made, where possible, using the same payment method used by the Consumer when purchasing the Product or by bank transfer. It will be the Consumer's responsibility to communicate to the Seller, again via email to consumerservice@thuncasa.com, the bank details to make the transfer in his favor and to ensure that the Seller is in a position to be able to refund the amount due.
8.5 Products repaired, modified, or altered in any way by the Consumer are excluded from the Legal Guarantee. Also excluded from the scope of the Legal Guarantee are any faults, malfunctions, or other defects caused by accidental events or the Consumer's fault, or by use of the product that is not in accordance with its intended use and/or as provided in the technical documentation accompanying the product, where applicable, or in the instructions for use relating to the product.

9. Liability for damage caused by defective products
9.1. With regard to any damage caused by defects in the Products, the provisions of European Directive 85/374/EEC, as implemented by Presidential Decree 224/1988, and the Consumer Code (Legislative Decree 206/2005) apply.

10. Right of withdrawal
10.1 Without prejudice to the exceptions set forth in Article 59 of the Consumer Code, the Consumer is granted the right to withdraw from any contract concluded pursuant to these Conditions, without having to provide any reason and without any penalty, within 14 (fourteen) days from when (i) the Product was delivered or (ii) in the case of the purchase of multiple Products delivered separately with a single order, the last Product was delivered.
10.2 To exercise the right of withdrawal, the Consumer, before the expiration of the deadline referred to in the previous point 10.1, must send an explicit declaration of his/her decision to withdraw to the email address consumerservice@thuncasa.com, indicating the order number and the name and surname of the order holder. The Customer may, at his/her discretion, use the attached standard withdrawal form.
10.3 Following the provisions of the previous point 10.2, the Consumer will receive an email confirming the exercise of the Right of Withdrawal, containing, if he has already received the ordered product in the meantime, the return form to be included in the package, and the instructions for returning the Product, to be sent within and no later than the following 14 days.
10.4 If the Consumer has received the Product, he or she is required to return it to the address above without undue delay and, in any case, within 14 days of the day on which he or she communicated the Withdrawal. The deadline is met if the Consumer returns the goods before the 14-day period expires. The risks and direct costs of returning the goods, as well as proof of this, will be borne by the Consumer. The Consumer must also arrange for the Products to be shipped using a carrier of his or her choice and at his or her own expense.
10.5 In the event of withdrawal, the Consumer will be refunded for payments made, including delivery costs, without undue delay and, in any case, no later than 14 days after exercising the right of withdrawal, unless the Seller has actually received the Products. These refunds will be made using the same payment method used by the Consumer for the initial transaction, unless the Consumer requests a refund using a different payment method: in this case, any additional costs resulting from the different payment method will be borne by the Consumer. Please note that the refund may be suspended until the Products are received or until the Consumer demonstrates that they have returned the goods, whichever is earlier. Additional costs resulting from choosing a delivery method other than the least expensive standard delivery method offered, as well as the price and any additional costs relating to customizations relating to the Products and related services, will not be refunded.
10.6 The Consumer is responsible for any diminished value of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the Product. Therefore, if the returned Products are damaged (for example, with signs of wear, abrasion, nicks, scratches, deformations, etc.), not complete with all their parts and accessories (including unaltered labels and tags attached to the product), not accompanied by the accompanying instructions/notes/manuals, the original packaging and wrapping, and the warranty certificate, where applicable, the Consumer will be liable for the diminished value of the Product and will be entitled to a refund equal to the residual value of the Product. To this end, therefore, the Consumer is advised not to handle the Product beyond what is strictly necessary to establish its nature, characteristics, and functioning, and to cover the original packaging of the Products with other protective packaging that preserves their integrity and protects them during transport, including from writing or labels.

11. Telephone booking services
11.1. The Consumer may contact the Seller by calling the number of the sales point selected from those listed on the Site, active during the store's opening hours, and request assistance from staff to place an Order for one or more Products on the Site or at the selected store. The Seller will then send an Order confirmation email to the Consumer indicating: the Products reserved, the price including any shipping costs (which will be indicated separately), the Consumer's address, and the date and time agreed with the Seller for delivery of the Products. The email will also contain a link to the privacy policy and these Conditions, indicating the articles governing the sale, the return form, and the related conditions. The sale will be finalized upon payment for the Products and any shipping costs, made by the Consumer via bank transfer to the IBAN indicated by the Seller in the confirmation email. In any case, the provisions set forth in art. 5 (“Delivery of goods and acceptance”) of these Conditions.
11.2. If the Consumer exercises the right of withdrawal pursuant to art. 10 of these Conditions, he or she may return the goods by choosing between the following methods:
- by physically returning the Products to the point of sale where the purchase was booked;
- by shipping the Products to the aforementioned point of sale.
If the Consumer decides to proceed by shipping, the risks and direct costs relating to the return of the Products, as well as proof of this, will be borne by the Consumer, who may use any carrier of his choice, assuming the costs.

12. Intellectual property rights
12.1. The Consumer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are and remain the exclusive property of THUN SpA and/or its assignees, without access to the Site and/or the purchase of the Products deriving any right to the Consumer over the same.
12.2. The contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of THUN SpA.
12.3 The Consumer may avail himself, at his discretion, alternatively of the restoration of conformity, the reduction of the price or the termination of the Contract in the event of a lack of conformity of the Products resulting from the violation by the Manufacturer of third party rights (intellectual property rights).

13. Consumer data and privacy protection
13.1. In order to register, place an order, and therefore conclude the contract under these Terms and Conditions, the Consumer is required to provide certain personal data through the Site. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller and/or its suppliers/commercial partners, in accordance with and in compliance with the provisions of Italian Legislative Decree no. 196/2003 and subsequent amendments and EU Regulation 2016/679 (GDPR), to process each purchase made through the Site and, subject to the Consumer's consent, for any additional activities as indicated in the specific privacy policy provided to the Consumer through the Site at the time of registration.
13.2. The Consumer declares and guarantees that the data provided to the Seller during the registration and purchase process are correct and truthful.
13.3. The Consumer may at any time update and/or modify his/her personal data provided to the Seller through the specific section of the My Account Site, accessible after authentication.
13.4. For any further information on the methods of processing of the Consumer's personal data, the latter may access the Privacy Policy section.

14. Security
14.1. Although the Seller adopts measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data viewed by the Consumer on the Site, even after the Consumer has authenticated (login), will not be accessible or viewable by unauthorized third parties.
14.2. With regard to credit card payment data, the Seller uses the services of operators who manage transactions, who adopt technological systems designed to guarantee the highest levels of reliability, security, protection, and confidentiality in the transmission of information via the web.

15. Complaints, Applicable Law, Conciliation Attempt and Competent Court
15.1. Any complaints must be forwarded to the Seller by writing to the following email address: consumerservice@thuncasa.com.
15.2 Any sales contract concluded between the Seller and Consumers pursuant to these Conditions will be governed by and interpreted in accordance with Italian law and in particular the Consumer Code, with specific reference to the regulations regarding distance contracts, and Legislative Decree no. 70 of 9 April 2003 on certain aspects concerning electronic commerce. In any case, any rights granted to Consumers by mandatory provisions of law in force in the country of their country will be safeguarded. 15.3. In the event of disputes between the Seller and a Consumer, we hereby guarantee our participation in an attempt at amicable conciliation that each Consumer can initiate before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Milan Chamber of Commerce, which allows a satisfactory agreement to be reached, with the assistance of a neutral and competent conciliator, in an amicable and secure manner online. For more information on the RisolviOnline regulations or to submit a conciliation request, visit www.risolvionline.com.
15.3. As an alternative to the conciliation attempt referred to in the previous point 15.2, the Consumer also has the right to access the European Online Dispute Resolution platform (the European ODR Platform) for the resolution of any dispute between the Seller and the Consumer. The European ODR Platform is developed and managed by the European Commission, in compliance with Directive 2013/11/EU and EU Regulation no. 524/2013, in order to facilitate the independent, impartial, transparent, effective, rapid, and fair out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer residing in the Union and a professional established in the Union through the intervention of a participating ADR (alternative dispute resolution) entity, selectable from a specific list available therein. For more information on the European ODR Platform or to initiate an alternative dispute resolution procedure relating to this contract, please visit the following link: http://ec.europa.eu/odr. The Seller's email address to be provided on the European ODR Platform is: consumerservice@thun.it.
15.4. If the conciliation attempt referred to in the previous point 15.2 or 15.3 is not accepted, or if such attempt is unsuccessful, the dispute will be referred to the judge of the place of residence or domicile of the Consumer.