TERMS AND CONDITIONS OF USE

Prices

The prices guaranteed to the customer are those that are displayed on the site at the moment of the order. However the those prices may be modified at any time in case of special conditions linked to certain economic factors, duties and taxs, changes in the cost of labor or raw materials, particular needs of the customer etc.

All prices are indicated in euros and do not include the cost of transport that will be automatically calculated and indicated on the order form (cart).

All prices displayed are calculated with value added tax (VAT) included, which may be different by countries of billing.

Execution of the order

1. The cart constitute the value of order.

2. If you choose to complete the order, you must enter the information necessary for billing and delivery of the articles. Those information may be needed to contact the customer. In the event of an error in submitting the addresses of delivery by the client, the site and the company M2 SRL will not be held responsible for the inability to deliver the article/articles.

3. After validating the addresses, one have to choose the means of payment. The order will be automatically validated and will constitute an irrevocable commitment for the customer, that may be questioned only in limitated cases and under these certain conditions (see the right of withdrawal).

Every order is considered to be final and can be canceled only with the consent of M2 SRL and at the conditions to be compensated for any loss caused by the annulment.

Confirmation of Order

At every fase of the order (validation, possible change of availability, shipping) an email is automatically sent at the condition that the e-mail address indicated in the registration form does not lead to errors. The e-mail that confirms the order processing and the sending of the package will specify the number of the package and the link to the site of the vector for the tracking of delivery.

M2 SRL reserves the possibility not to confirm an order for any reason (problem related to the received order or supply problem of articles). Whitin 5 working days has to indicate to the customer if the order cannot be fulfilled and ask him to change the order or cancel it.

Payment

The total amount is to paid to the validation of the order. M2 SRL is not retain the numbers of the credit cards and the data are not stored on the server. Access to banking coordinates of customers is not possible, not electronically or by printing. The payment can be completer with the following methods:

1. Credit card (Visa, Master Card, American Express, Maestro, CartaSi, Postepay)

2. Paypal

3. Bank Transfer

The order is entered at the moment of the agreed payment that is irrevocable, in cash, net and without discounts. Any delay, incident or failure to pay involves penalty, interests of delay equal to one and a half times the legal rate of interest, according to the Italian Law.

Areas and Delivery Terms

We deliver goods wherever the customer wants. If you want them to be delivered to a friend, a neighbour, at workplace... just set the delivery address as you wish, even different from the billing address.

The shipment is carried out with the direct delivery of the product to the recipient. For each delivery a receipt has to be signed by the identified recipient. It is recommended that, in all cases, to make sure of the contents and of the good and state of the package before signing the delivery receipt.

For any significant delay, we commit ourselves to compensate the customer by making him a reduction on the delivery expenses of your next order. However, the orders suffering delays in the delivery will not be reimbursed, nor withheld or cancelled in the following circumstances: in case of strikes total or partial, internal or external to the company, block of transport or supply, governmental or legal restrictions, etc.

M2 SRLwill not be considered responsible for laws, regulations or any other event involve a block of goods at borders.

Right of withdrawal, and currency

If for any reason the customer is not satisfied of the order, or in the unfortunate case where were delivered products which do not comply with what is required, the customer has the right to withdraw from the contract without penalty by following the instructions below:

1. The return of the goods it’s possible within the period of 14 working days from delivery

2. M2 SRL will reimburse the whole cost of the products returned by the customer, as long they have not been worn, not used and not damaged.

3. In the event of a refund of a returned product, the customer will sustain the shipment cost. In the same way, in the case of change goods, M2 SRL will not reimburse the shipment cost.

4. The customer may exercise the right of withdrawal by sending a written communication to M2 SRL at address e-mail info@toowhite.it indicating: name, surname, the number of the order for which you intend to exercise the right of withdrawal, the possible motivation

Dispute

Complaints or disputes will always be received with kindness and attention. In the event of a dispute, we will contract M2 SRL to achieve a friendly solution, by mail, email or via the contact form in the dedicated section on the site M2 SRL

Guarantees

In accordance with the Article 4 of the Decree no. 78-464 of 24 March 1978, the provisions of the present cannot deprive the customer of the legal guarantee which obliges the professional reseller to ensure him against all the consequences of hidden defects of the good sold. The company is not the manufacturer of the products presented on the web site www.toowhite.it, within the meaning of the law n°98-389 of 19 May 1998 concerning liability for defective products.

Consequently, in case of damage caused to a person by a defective good, the responsibility will be of the producer of the good itself, on the basis of the information printed on the product or the packaging. In addition, the company recalls that the products, services and information offered by M2 SRL are in no way replacement of the supervision of adults.

The responsibility of M2 SRL could not exist in the case of non-compliance with the legislation of the country in which the products are delivered. It is the customer's responsibility to check with the local authorities the possibility of import or use of products or services that the client wants to buy.

All Conditions

A change of legislation, regulation or a judicial decision which makes void of one or more terms of these general conditions of sale does not jeopardize the validity of the present general conditions of sale. A similar change or investigation could not in any case allow the customer to not comply with these general conditions of sale.

Duration and application

These Conditions apply throughout the duration of the online selling of services by the company M2 SRL These condition may be changed at any time by M2 SRL .


Conditions of Sale

by restricted access to the computer system of Too White

1. Prices are listed in euros, inclusive of packaging net of VAT and the costs of any transport where specified.

2. Completing an Order Commission (hereinafter for brevity Order/s) for the purchase via the internet of a stocking item it’s irrevocably biding for the Client. Too White has the right not to accept it, as a whole or in part. The order will be considered accepted by Too White with the delivery of the goods to the carrier or the customer itself according to the delivery terms indicated in the order. This Act determines the binding acceptance by Too White. If the customer does not proceed at the picking up of the goods or, before the delivery by Too White, decide that he/she does not to want to fulfill in whole or in part to the contract, Too White could choose to request the fulfillment of the contract or declare partially or totally solved the contract ex art. 1456 c.c.; in this last case Too White will have the right to ask the customer for the payment of a penalty of 50% (fifty percent) of the value of the goods not delivered, except however the entitlement to compensation for any further damage.

3. The Customer is responsible for the data (number of items, code article, size, etc.) inserted in the appropriate internet page of the order that, once it has been confirmed in accordance with the procedure, it will no longer be editable.

4. Confirmed the Order, M2 srl does not accept complaints or requests for cancellation for errors or inaccuracies made by the customer.

5. When the order is submitted through the automated procedure, the customer will receive via email the order confirmation. On this summary are reported, in addition to the data of the Order itself, the indicative terms of delivery, which may vary with a tolerance of 15 days. In this summary of the Order are also indicated all amounts due, the terms and conditions of payment. Where are planned advance payment of the goods, the relative terms of delivery (comprising the tolerances indicated), will remain suspended until the date of actual receipt of the payment of the amount due to M2 SRL. If the prepayment is done "with titles", that means it is pursuant to the following Articles 20.2 b) or 20.3.b), it is understood that M2 srl will deliver the ordered goods solely ad the receipt of those titles, duly and correctly compiled.

6. The Customer undertakes to resell the goods that are the subject to the order only and exclusively in the Authorized Points of sale in the proposed seasonal order, unless otherwise provided by M2 SRL. In the event of a breach is considered automatically canceled any commitment on the part of M2 SRL to further deliveries of goods and the customer will be charged the penalties referred to in point 20.1.

7. It is forbidden to the Customer to sell the goods that are the subject of orders at a discounted price outside the usual periods of promotional sale if has not previously obtained specific written permission from M2 Srl and/or for initiatives by the latter.

8. For technical reasons, supply difficulties, etc., M2 srl may reduce, unilaterally and without prior notice, the provision subject to order, or withdraw from the present contract, without possibility for the customer to plead the failure to fulfill the contract itself and claim for damages; M2 srl undertakes, where possible, to give prior notice to the customer in case of occurrence of such event.

9. is without prejudice the tolerance of use for the materials and the colors of the items delivered with respect to the items viewed by the customer; textile products listed in the invoice are delivered, labelled and marked under existing law.

10. Unless otherwise agreed, the goods always travel at the risk of the recipient even if sold in free port. Delivery to all effects of law, is considered as completed at the moment and with the yield of the goods according to the terms indicated in the order. Are the responsibility of the customer the burdens and risks referred to in art. 1698 c.c..

11. M2 SRL establishes, at its discretion, a minimum value of the purchase of products, that where reached entitles the customer to obtain free shipping of the Order itself. In this case the shipping costs will be charged solely of M2 SRL. If in the creation of the order the customer does not reach the minimum value of purchase the shipping cost will remain highlighted. The costs of transport, where due, will be charged directly in the invoice issued at the creation of the Order.

12. All deliveries are sent by courier conventioned with M2 SRL.

13. The invoice relating to the goods shipped from M2 SRL, against order fulfillment, is emitted by the end of the month in which is performed the same shipping.

14. Defects or deficiencies of quantity and/or quality of the goods must be reported in writing, under penalty of forfeiture, within 15 days from the receipt of the same. In any case the customer may not proceed to the return of the goods without prior written authorization provided by M2 SRL, The items to be returned must be shipped by courier conventioned with M2 SRL with transport documents that reports the authorization number to return to the address indicated in the form of authorization to the rendered posted by M2 SRL. All returned merchandise to M2 Srl must be intact and wrapped in a suitable external packaging.

15. The returns authorized by M2 srl shall comply with the operational procedures that will be communicated from time to time. Failure to observe the conditions of return goods, will lead to the revocation and cancellation of the authorization. In any case M2 Srl reserves itself the right to charge the customer for the costs of transport where the return is not authorized with the delivery of goods in port assigned. Any dispute relative to minor credits resulting from missing pieces from the return shipments, have to be raised within 30 days from the date of issue of the relative credit note.

16. The access is reserved to computer systems on which are held personal data takes place in mutual respect of the law 196/2003 (legislation on "privacy"). M2 srl releases specific authorization to access your web service devoted solely for the purpose of sending via computer system the orders and providing for this purpose a specific password to access at the platform. The Customer in the person of its legal representative (and possible personal employee responsible) will have the responsability of maintaining the strictest confidence - without the provision of any term - in relation to the personal data of a confidential or reserved nature as (this listing only has exemplary value) products, design mode, marketing, distribution, business volume, etc. of which could come to knowledge. Therefore, it is understood obligation of the customer (and his staff) not disclose or use the information discovered during the use of the service and of the systems considering them responsible in case of damage - direct or indirect- suffered by M2 SRL for such an infringement. The Customer undertakes also to not consider M2 SRL responsibility in any way for illegitimate management, or use of such personal data that may be considered detrimental to the content of the law n. 196/2003. With return of the Privacy Law 196/2003, the client will have to comply with the obligations laid down in the code for the protection of personal data and take all the security measures prescribed by current regulations with particular reference to the minimum security measures provided for by art. 34 and 35 of the D.lgs n. 196/2003 and by Annex B to the legislative decree n. 196/03 laying down the "Technical specifications regarding minimum security measures". The Customer declares to have read and understood the information on the processing of data by M2 srl at the bottom to the present conditions.

20.1 breach of obligation to sale in authorized points of sale. The Customer undertakes, for possible infringement as provided for in paragraph 7, to recognize a M2 SRL a penalty equal to five times the value of all orders (whether they are seasonal or reassortment or flash between season) commissioned in the twelve months preceding the violation, including orders that will not be delivered for terminating the contract.

20.2 Transfer of the product at the end of the season of the unsold inventory for which remains confirmed the prior written permission of M2 SRL. Therefore the customer may not resell the goods in stock. Prior to sale to the stock of goods, the customer must always remove the labels of the brand and the pendants, keeping only the composition and wash label.

20.3 Non-payment of the price of even one of the due deadlines, or the failure to fulfill other obligation contracted by the customer toward M2 SRL for which it is confirmed that in the case of such an event, Too White without formal notice to fulfill, alternatively and at its own discretion, will have the faculty:
(a)to suspend delivery of the goods, even if relation to different orders, until full payment, including the interest and costs, without which the customer may complain about the delay in delivery; and/or
b) to require the payment by bank transfer in advance with respect to the delivery of the goods, or through titles, even If the same has already been agreed a different form of payment; and/or
c) to consider solved every contract of sale with the buyer, requiring in this case a charge equal to 50% (fifty per cent) of the price of the goods ordered, except the compensation for any greater damage;
d) to demand in each case on top to the sum due, an annual interest rate equal to the rate "Euribor to 6 (six) months - 360" in force, plus 3 (three) percentage points.

20.4 Decreased Customer creditworthiness, Although manifested at any time for events, acts or omissions in respect of third parties, for which it is understood that M2 srl has the right alternatively and at its own discretion:
) to withdraw from any contract of sale in the course at any time, without having to pay to the customer indemnity or any compensation;
b) to require payment of the goods by means of bank transfer in advance with respect to the delivery of the goods, or through titles, even if for the same has already been agreed a different form of payment; and/or
c) to consider solved every contract of sale standing with the customer , requiring in this case a charge equal to 50% (fifty per cent) of the price of the goods ordered, except the compensation for any greater damage.

20.5 Exceptions and Actions, even by way of counterclaim, advanced by the customer, for which it is understood that the same are precluded where the customer himself has first settled the payment in full of the price of each completed delivery, even where there is a dispute over the goods or on delivery terms and has not yet received the goods shipped to him.

20.6 changes or variations of the demographics and/or tax of Customer, for which it is understood that the Customer undertakes to communicate promptly to Too White these changes and undertakes to indemnify M2 srl of any damage suffered as a result of the negligence of the Customer regarding this obligation.

21. Remains in any case confirmed the faculty of M2 SRL to suspend and/or close the web access, by blocking of the assigned password, for customers that will not respect the terms and conditions and/or to the CDV for forwarding seasonal orders even if belonging to other commercial season.

22. The present conditions and the contractual relationship below the confirmation of an order are regulated by Italian law for any dispute arising from the order and/or these specific conditions of supply or from the interpretation, execution or termination of the contractual relationship arising, will be subject to the exclusive jurisdiction of the Court of Rome.

23. The conditions of sale previously expressed that have been read, understood and accepted by the customer will be applied for each purchase carried out according to the modalities described above, unless different subsequent agreement should be concluded between the customer and M2 SRL. The particular Customer declares to have read and specifically approved for the purposes of art. 1341 Italian Civil Code the conditions referred to in points : 2 (irrevocability of the proposal and methods of acceptance of the same, termination clause, criminal), , 3 (responsibility of the buyer in the compilation of the order), 4 ( Complaints, errors and requests for cancellation), 5 (Terms and conditions of delivery and tolerances), 6 (obligation to sell the products only inside the point of sale, criminal and termination clause relating), 7 (prohibition to apply discounts and promotions), 8 (Faculty of M2 srl for the reduction of supply and withdrawal from the contract), 9 (Sale on sample type and tolerance with respect to the Samples), 10 (limits and conditions for return goods), 11 (free shipping on minimum purchase)14 (Terms of complaint of defects and deficiencies of Quality, terms and methods of return), 15 (constraint of the authorisation procedure (return), 16 (Reserved access to computer systems and responsibility in the case of credentials and in the use of the personal data Informative), 20 (reference to general conditions of sale of the seasonal orders: Penalties for sales outside the authorized points of sale, sale of the product, non-payment, decreased solvency, limitation of exception, penalties for sales outside the authorized points of sale, modifications and address changes for sales in installment), 21 (Rights of M2 SRL in the event of failure to pay or other failure of the buyer and to suspend or terminate your access to the computer service), 23 (Applicable Law and jurisdiction).



INFORMATION ON THE PROCESSING OF PERSONAL DATA within the meaning of art. 13 of the Code regarding protection of personal data (D.Lgs. 30 June 2003 n. 196)

Dear Customer,
We inform you that the personal data protection code (hereinafter referred to as the "Code") provides for the obligation for anyone who carries out the treatment of personal data (hereinafter the "Data") to provide to the person to whom such data relate (hereinafter referred to as the 'concerned') adequate information on data processing. In its quality of concerned, therefore, we want to put it to the current as follows.

PURPOSE OF PROCESSING

The collection and treatment of data are carried out in order to allow the reciprocal use of the computerised system of restocking of products branded Too White or for the definition of its commercial transactions through personalized access to the online service. This occurs by means of release of credentials by our part for the restricted access of the person concerned to area dedicated to telematic platform of the holder.

The following tasks related to the system for the creation of dedicated area and the exchange of documents in digital format will be:

  •  
  • buying product branded Too White, forwarding proposal of order and order confirmation;  
  • accounting, management contracts, payments;  
  • obligations imposed by regulatory obligations;  
  • exchange of commercial information, accounting, administrative, legal;  
  • historical archiving data.

RULES OF TREATMENT

Data treatment for these purposes will take place with the supporting means, both telematic and in paper, suitable to memorize, manage and transmit the data and in any case by means of instruments suitable to guarantee their security and confidentiality, carried out by the holder and/or by persons in charge in respect of the rules laid down by the Code.

NATURE OF THE CONFERMENT AND THE CONSEQUENCES OF AN EVENTUAL REFUSAL

The conferment of data to our Company is mandatory for the only data for which there is a regulatory requirement or contractual framework in this sense and for the completion of the activities for which they are requested the data themselves.

The refusal to provide such data required could force us to take them from third-party sources (where lawfully possible) or lead to the non-execution of the transactions or services and this with any damage responsibility to the concerned.

The refusal to provide data for which there is no obligation to conferment, but strictly functional to the execution of contractual relations, in principle does not have any consequence in relation to the report in the course, except the possible inability to give below the transactions related to such data or the inability to build new relationships and to provide a better service in the mutual interest.

COMMUNICATION DATA

Data, for the Purposes identified above may be communicated to the following third parties that operate in complete autonomy as distinct "owners" of treatment: bodies, public authorities or institutions-social security institutions and public insurance and private banks and credit institutions; service providers of our cpmpany, logistical, couriers, vectors-independent company collaborators, professionals (lawyers, accountants), advisors (insurance, etc.) - Insurance Agencies - Auditing Firm-Anyone who is a legitimate recipient of communications provided by law or regulations- other offices of this company or other companies also foreign, with the same linked or belonging to the group or with there is a relationship of communication.

TRANSFER OF DATA ABROAD

Within the limits strictly relevant to the fulfilment of the obligations arising from the current relations with you, the data may be disclosed to third parties located in the territory of the European Union and in countries outside the Community.

THE RIGHTS OF THE PERSON CONCERNED

art. 7 T.U. confers to person concerned the exercise of specific rights, including to obtain from the Holder the confirmation of the existence or not of own personal data and making them available in an intelligible form; the person concerned has the right to have knowledge of the origin of the data, the purposes and methods of treatment, the logic applied to the processing, the identification of the owner and the individuals whose personal data can be communicated; the person concerned also has the right to obtain the updating, the rectification or the integration of data, the cancellation, the transformation in anonymous form or the block of data treated in violation of the law; the holder has the right to oppose, for legitimate reasons, to the processing of data, recognizing however that in this way will not be possible to follow up the activities contractually established inn its favor.

HOLDER OF THE TREATMENT

Holder of the treatment is M2 srl Via Nizza 53 - 00198 Rome.


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