GENERAL CONDITIONS OF SALE
The trade and sale of products on the website www.tintosmart.it owned and managed by the Company ALFA PAINT S.r.l. a socio unico must be understood as regulated by these general conditions of sale. For anything not regulated, reference must be made to Italian legislation.
1. CONCLUSION OF THE CONTRACT
1.1 Before proceeding to the conclusion of the legal transaction, the Customer is required to carefully read these general conditions for online sales through eCommerce and must flag the appropriate box, thus acknowledging that he has read and understood the terms and the conditions of sale.
The contracts concluded with ALFA PAINT S.r.l. a socio unico, by accessing the Shop, are governed by Italian law and, in particular, by Legislative Decree 6 September 2005, n. 206 (Consumer Code), as applicable and by Legislative Decree 9 April 2003, n. 70 (Implementation of Directive 2000/31 / EC)
1.2 The Customer, by filling in the relevant forms, forwards the purchase order to Company ALFA PAINT S.r.l. a socio unico, thereby stipulating a sales contract under the conditions indicated therein as well as in compliance with these General Conditions of Sale which, with the electronic transmission of the order form, the Customer undertakes to observe in relations with ALFA PAINT S.r.l. a socio unico.
Therefore, with the electronic transmission of the order form, the customer confirms that he is aware of and accepts the General Conditions of sale and that he has received the additional information which can always be consulted on the website www.tintosmart.it, and recalled via a link. It is mandatory for the Customer to provide the company VAT number or the Tax Code during the compilation of personal data. Orders that are incomplete and/or contain errors cannot be considered for the purpose indicated in this article.
ALFA PAINT S.r.l. a socio unico will therefore register, waiting to be processed once the relative price has been paid, exclusively orders complete with all the information requested.
1.3 After submitting the duly completed order form, the customer will receive a confirmation email containing the details of the order itself (Order Confirmation). The execution of the orders is subject to the full payment of the price by the customer no later than 10 working days from the receipt of the order as well as the availability of the products in stock.
It is therefore understood that failure to pay the price will result in the immediate termination of the sales contract, exempting ALFA PAINT S.r.l. a socio unico from proceeding with the delivery of the ordered and unpaid goods.
Likewise, in the event that the ordered products are no longer available in stock and cannot be usefully retrieved within a reasonable time, the contract must be considered terminated and ALFA PAINT S.r.l. a socio unico will refund the customer any amounts collected.
In the latter case, ALFA PAINT S.r.l. a socio unico will notify the customer, by e-mail to the address indicated in the order form, of the unavailability of the products ordered and how to return any sums paid.
The trade and sale of products on the website www.tintosmart.it owned and managed by the Company ALFA PAINT S.r.l. a socio unico must be understood as regulated by these general conditions of sale. For anything not regulated, reference must be made to Italian legislation.
2. RIGHT OF CANCELLATION/MODIFICATION OF THE ORDER
2.1 ALFA PAINT S.r.l. a socio unico recognizes the Customer the right to cancel their order as long as the request is received within 24 hours from purchase and in any case before receiving the confirmation of shipment.
In order to take charge of the request for cancellation of the order, the Customer is required to send an email to customerservice@tintosmart.it, specifically indicating the number and date of the order, in addition to the complete indication of the customer who made the order (if in possession of a customer code, this must be expressly reported), in such a way as to allow the univocal identification of the order for which cancellation is requested.
The cancellation/modification of the order will take effect only from the moment of receipt of an email confirming receipt of the request and information relating to the reimbursement of any amount already paid to Company ALFA PAINT S.r.l. a socio unico
3. RIGHT OF WITHDRAWAL
3.1 As required by Directive 2011/83/EU, implemented in Italy with Legislative Decree 21 February 2014, No. 21, the Customer (consumer) has the right to withdraw from the contract without any penalty and without specifying the reason within 14 (fourteen) days from the delivery of the purchased product/s. To exercise the right of withdrawal, the Customer (consumer) must send a written communication to the following e-mail address: customerservice@tintosmart.it or by registered letter to the address: Via John Maynard Keynes snc, Brandico (BS) 25030, Italy, containing:
– the manifestation of the will to make use of the right of withdrawal;
– the indication of the Products for which the Customer wishes to make use of the right of withdrawal;
– the progressive order number issued at the time of purchase.
The Customer can use the withdrawal form published and downloadable on the website www.tintosmart.it to exercise the right of withdrawal. The use of the facsimile is not binding. ALFA PAINT S.r.l. a socio unico will take into consideration the will of withdrawal in any form expressed, as long as it is clear and exhaustive in showing the customer’s will. Therefore, withdrawals transmitted by certified e-mail will also be accepted as long as they clearly and exhaustively report the order in relation to which the will to withdraw is exercised.
3.2 Once the intention to withdraw from the sales contract has been clearly and unambiguously manifested, it is the Customer’s responsibility to return the purchased Products within 14 (fourteen) working days from the moment in which the request to exercise the right of withdrawal is made, at the following address: ALFA PAINT S.r.l. a socio unico, with headquarters in Via John Maynard Keynes snc, Brandico (BS) 25030, Italy. The products must be sent to ALFA PAINT S.r.l. a socio unico intact, unused, undamaged and in their original packaging, under penalty of the inability of the Customer to exercise the right of withdrawal and therefore to be reimbursed.
3.3 The costs for returning the product in question are entirely borne by the Customer.
In order to avoid unpleasant misunderstandings, the Customer is invited to use an insured courier, or insured mail to make the returns in order to be able to track the shipment.
ALFA PAINT S.r.l. a socio unico in fact, it will not be able to refund any returned products that have been lost, stolen or damaged.
3.4 Regarding returns, ALFA PAINT S.r.l. a socio unico undertakes to reimburse, no later than 14 (fourteen) days from the date of receipt of the notice of withdrawal, the full cost of the products for which the Customer intends to exercise the right of withdrawal, including the standard shipping costs incurred by the Customer to when ordering for product delivery. The reimbursement of the sums paid may take place only after ALFA PAINT S.r.l. a socio unico has received the returned material.
3.5 Refunds will be made in accordance with the chosen payment method. It is the responsibility of ALFA PAINT S.r.l. a socio unico send an email with notification of the crediting/refunding order of the sums.
ALFA PAINT S.r.l. a socio unico reserves, in any case, the right to refuse the return of those products that do not comply with the requirements referred to in paragraph 7.3 above. (?????)
4. GUARANTEES AND DEFECTIVE PRODUCTS – RETURNS MANAGEMENT
4.1 The products purchased from eCommerce are subject to the discipline, as applicable, pursuant to art. 128 of the Consumer Code. This guarantee will apply to the product that has conformity defects and/or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, that is, in compliance with its destination and as provided in the technical documentation, in compliance with the various operating rules indicated therein.
4.2 In the presence of a lack of conformity, the consumer has the right, at his choice, to the repair or replacement of the defective goods by the seller, without charge, unless the remedy requested is impossible or excessively burdensome compared to the other. If replacement or repair is not possible, the consumer is still entitled to a price reduction and/or credit of an amount commensurate with the value of the goods, against the return to the seller of the defective product in the terms referred to in point 7 above.
4.3 In the event that the Customer detects a non-conformity, he must send written communication, by sending an email to the following email address: customerservice@tintosmart.it specifying the type of non-conformity found and accompanying the request with photographs attesting the claimed defect, or technical documentation supporting the advanced dispute. ALFA PAINT S.r.l. a socio unico will bear the transport costs for the receipt of the defective goods as long as the collection takes place on the national territory. In case of international withdrawals, the shipment will be charged to the customer.
4.4 In the event that the product is replaced, it will be shipped by ALFA PAINT S.r.l. a socio unico at your own expense by express courier, only after receipt of the defective product and the correctly completed documents requested above.
4.5 It is understood that no responsibility can be charged to ALFA PAINT S.r.l. a socio unico in case of use of the goods not in accordance with the use for which it is intended or in any case in a manner different from what is indicated in the technical data sheet. Likewise, no liability or refund request may be made towards ALFA PAINT S.r.l. a socio unico in the event that the Customer decides to use the purchased product in any case despite having previously detected the non-conformity. Any consequence due to non-compliant use that leads to an aggravation of the damage must be attributed solely and exclusively to the Customer.
5. DATA PROTECTION
5.1 For everything inherent and consequent in the management of the data provided, the Privacy Policy and the use of cookies, please refer to what is reported in the relevant information sections.
It is understood that the data provided by the Customer will be used exclusively for the commercial purposes for which they are intended and in any case within the limits of the preferences expressed by the Customer by accepting the related cookies.
5.2 ALFA PAINT S.r.l. a socio unico stores the personal data of customers only for internal use and in full compliance with current legislation. Personal data will be treated with the utmost confidentiality and will not be disclosed to third parties. Without prejudice to the express acceptance to this effect by the Customers, the e-mail addresses provided will be used exclusively for sending the newsletter (information for customers, special offers). In any case, the Customer has the right to request and obtain the cancellation of personal data from the registry/database of ALFA PAINT S.r.l. a socio unico, by simply sending a request via email to the following address info@tintosmart.it
6. APPLICABLE LAW AND DISPUTE RESOLUTION
6.1 The General Conditions of Sale are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code as applicable, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce. For anything not governed by this contract and/or by special laws, reference must be made to the rules of the Civil Code
6.2 For any dispute arising from these general conditions of sale, it is agreed, in accordance with the law in force, the jurisdiction of the Court of Brescia.
6.3 For customers domiciled outside the European Union, the Court of Brescia will have exclusive jurisdiction
6.4 For Customers domiciled in states of the European Union, Articles 15-17 EU Reg. 44/01
INFORMATION REGARDING THE COVID-19 SITUATION
Following the current health situation relating to the Covid-19 emergency, in order to offer you a professional and timely service, we inform you that we have reorganized our logistics in accordance with all current health and safety regulations. In particular:
– Our operators and external freight forwarders comply with the guidelines and requirements indicated by the WHO (World Health Organization) such as the body temperature detection, the use of the mask, the periodic sanitation of the hands and the minimum safety distance.
– We have signed an agreement with our partner shippers in which they undertake to comply with all regulations and legislative provisions regarding the protection of health regarding freight transport.
– Delivery times (understood as the actual transport times of the goods) may be subject to delays due to strikes or government restrictions during the pandemic. We therefore suggest you to monitor the shipment tracking link in order to know all the detailed information.
– For more information, our support team is available as usual at customerservice@tintosmart.it
PAYMENT INFORMATION
PAYPAL AND CREDIT CARD
The security of your payment data is a top priority for us. For this we rely on the best international circuits that guarantee data protection and we accept payments with the most widely used credit cards such as Mastercard and Visa through the Nexi platform.
In case of payment via PayPal, at the time of check-out the user will be automatically redirected to the log-in page of their Paypal account. In this way the transaction will be managed independently and in total security.
In both cases, the debit will take place immediately with respect to the order confirmation and the shipment will follow the standard timing provided.
BANK TRANSFER
If you wish to pay by bank transfer, simply select the relevant option at the time of order checkout. In this case, it will be necessary to make the transfer independently to IBAN IT96T0306920414100000000938 in the name of ALFA PAINT S.r.l. a socio unico, entering the total amount (including VAT and any shipping costs) and indicating the order number to which the payment refers.
In this case, the order will be processed as soon as we receive the payment, generally after 1-3 working days.
INFORMATION REGARDING THE ORDER AND SHIPPING
ORDER MANAGEMENT
All orders placed on our site are processed, during working days, within 24 hours from the moment of receipt of payment and entrusted to one of our partner shippers, according to our logistics needs.
From that moment, the goods are usually delivered within 24-72 hours, depending on some factors such as, for example, the geographical area or the time of year in which the order is placed (for example, Christmas holidays). However, once the goods have been handed over to the courier, we are not responsible for any delays.
We invite you to carefully check the correctness of the data reported in relation to the shipping address. Incomplete or incorrect data can in fact cause delays in receiving the goods or even a non-delivery.
Once the order has been processed, we will issue a regular invoice based on the data provided by the customer. From that moment it is no longer possible to change the data entered in the invoice.
SHIPMENTS
We ship our products throughout the Italian and European territory. In the latter case, delivery times may be slightly longer than those made in Italy. This is caused by factors that do not depend on us such as, for example, the geographical distance, customs clearance and much more.
Some of our partner shippers offer additional services in case you are unable to guarantee physical presence at the address selected for the shipment, such as delivery at agreed times or the possibility of collection in different physical points scattered throughout the Italian territory.
When ordering, therefore, if available, you can select these options in order to make the delivery process even easier and suited to your needs.
In the event of visible damage to the package, whoever receives the goods is required to check, upon delivery, the product supplied in the presence of the courier, and to accept “conditional” collection. If, on the other hand, defects or non-conformities are found relating to the products contained within the intact package, we invite you to report them to the email address customerservice@tintosmart.it indicating the order number.
TRACKING LINKS
However, we invite you to keep track of the delivery phases by monitoring the link you will receive via email or that you will find in “My orders” section in your Personal Area. Usually the link is active starting from 24 hours from the moment of taking charge of the shipment.
PRICES AND SHIPPING COSTS
The prices of the products on the site are inclusive of VAT of the country from which the customer places the order.
Shipping costs vary depending on the size of the goods purchased and will be calculated automatically when ordering. In any case, for orders over € 400 there are no shipping costs.
AVAILABILITY OF PRODUCTS
The stock availability of the individual products on the site will be indicated in the specific product sheet. If a product is temporarily unavailable, the user has the possibility to leave his email address; in this way he will receive a message that will notify him when this is available again. However, we constantly strive to ensure that the best-selling products are always available.
INFORMATION RELATING TO PAINTING PRODUCTS AND COLORANTS
ALFA PAINT S.r.l. a socio unico guarantees compliance with the quality standards of its products and, in particular, a precise repeatability of its colorants regardless of the production lot number. Nevertheless, the exact reproducibility of the colors present in the color cards depends on many factors not directly controllable by ALFA PAINT S.r.l. a socio unico Specifically, some determining factors are mentioned, by way of example only, for the correct creation of the final color.
- Type of white product used The chips of the TintoSmart color cards were made using TintoSmart latex paints, enamel paints for walls and decorative products. Although tested to ensure perfect compatibility even with the products of other brands, the use of Tintosmart colorants with these products can lead to similar but not perfectly identical results.
- Choice of color chart and dedicated formulation ALFA PAINT S.r.l. a socio unico has studied 7 different color cards for the products of the TintoSmart line, each one dedicated to a specific product. For this reason, it is necessary to make sure to reproduce the colors of each color cards with the dedicated product in order to avoid color differences, as well as to use precisely the dedicated formulation inserted in the digital and paper formulary.
- Shaking the colorant bottles If the colorant bottles inside the TintoSmart case are not used for a prolonged period of time, before dispensing the contents it is necessary to shake the bottle for at least 20 seconds to mix the colorant, or this may affect the final color.
- Correct placement of the dispensing pump Whether in the case of inserting a new dispensing pump or replacing a used one, it is necessary to perform at least 4 vacuum dosings to allow the dispensing pump tube to fill completely and thus complete a preliminary purge phase. In this way, subsequent dispensing will be made with the correct quantity of colorants. Furthermore, it is necessary to always carry out constant and not too fast dosages.
- Correct amount of white product used To faithfully reproduce the color present in the TintoSmart color cards, it is necessary to respect the exact amount of white product required by the formulation using the special graduated cans supplied in the TintoSmart kit. Different quantities lead to differences in shade.
- Proper mixing with the screwdriver Once the colorants have been dispensed into the can of white product, it is necessary to mix with the special mixer supplied with the TintoSmart kit for at least 3 minutes. A shorter time would cause a color unevenness.
- Correct dilution process It is essential to dilute the white products according to the percentages indicated in the technical data sheet and mix properly with the special mixer supplied with the TintoSmart kit for at least 2 minutes. An incorrect dilution percentage can cause discrepancies in the final color.
- Color already applied on the surface In case of painting already colored wall surfaces it is important to make sure that it is completely covered. Otherwise, the color already applied could interfere with the new tint. If necessary, we recommend applying a preventive coat of white water-based paint if the color already applied is very intense.
For further details and information, please consult the appropriate FAQ section.