Terms of service

TERMS AND CONDITIONS

These Terms of Use (hereinafter, the Conditions) govern the relationships and related rights and obligations related to the use of the website www.tanukibrand.it and any sub-domains (hereinafter, the Site), the exclusive property of S.R.D. S.r.l., with registered office in 20127 - Milan (MI), Via Pasteur 16, VAT number 07997780155 (hereinafter, Tanuki), as well as the conditions of sale in e-commerce mode.

Through the Website Tanuki provides an online space to which users, as defined below, can access in order to use the services made available by Tanuki. The service provided by Tanuki and the use of the Site are subject to the application of these Conditions and must be considered in conjunction with the Privacy Policy, the cookie policy and any other regulation or policy published by Tanuki on the Site itself. The consumer's rights provided for and governed by Legislative Decree 6 September 2005, n. 206 (hereinafter, the Consumer Code) are in no way superseded by these Conditions, which apply in addition to legal rights and do not replace them. In case of disagreement with the Conditions or subsequent modifications thereof, or in the case of dissatisfaction with the services offered by Tanuki, the only solution is to immediately stop using the Site. Tanuki has the right, but not the obligation , to strictly enforce the Conditions also through litigation in the appropriate judicial offices.

The use of the Site or the transmission of an Order through it implies acceptance of the Conditions.

1. Definitions

Contents: (i) files containing texts, images, audio and / or video recordings, data and / or information organized in a database and in any case all files, documents and / or information in any format that Tanuki makes available through the Site; (ii) files containing texts, images, audio and / or video recordings, data and / or information organized in the database and in any case all files, documents and / or information that in any format are transmitted, copied, sent, made available of Users.

Conditions: the provisions of this document.

Order Confirmation: document that confirms the request for a Product and that the User receives by e-mail once the Order has been placed. The Confirmation indicates the specific conditions applicable to the User himself.

Personal data: all personal information and personal data relating to each User, including the e-mail address, possibly collected through the Site.

Order: request for a Product by the User.

Product: any type of Product offered for sale by Tanuki through the Platform.

Services: all the services offered by Tanuki through the Site including access to the Site itself.

Site or Platform: the domain www.tanukibrand.it, including any subdomains, any URL or portions thereof.

User: natural or legal person who accesses, browses, interacts and possibly uses the Services provided through the Site.

Registered User: any person, natural or legal person, who signs up on the Platform to use the Services for purchasing the Products offered by Tanuki.

Depending on the context, the meaning of a term used in the singular includes the plural, that of a term used in the masculine includes the feminine, and vice versa.

 1. Site Description

Tanuki uses the Site to market its Products. The Site and the Services include an e-commerce in which Products that can be purchased by Users are represented and sold. Tanuki reserves the right to protect its interests as a result of the violation of one or more obligations and prohibitions set out in these Conditions. It is understood that Tanuki has no control over the conduct of Users and excludes any liability in this regard within the maximum limits permitted by law.

 1. Sales contract

These Conditions apply to every offer and to every contract relating to the sale and delivery of each Product by Tanuki (hereinafter, the Contract) through the Site. These Conditions will be accepted when the User orders any Product from the Site, when ordering Products from any web page connected directly to the Site and, finally, when accepting an offer from Tanuki. To complete an Order, the User must have an e-mail address, enable (functional) cookies and pop-ups if necessary in order to be able to fully use the Site, so as to be able to add Products to the cart and transmit the Order.

After making a purchase, the User will receive an Order Confirmation. The Order, however, will be considered accepted when Tanuki ships the Products. For this purpose, the User will receive an e-mail with the shipping confirmation. In the event that Tanuki is not able to provide a Product, it will inform the User in writing and will not proceed with sending the Order. If the User has already paid the price, he will be entitled to a full refund. Tanuki will refund the amount paid using the same method used by the User for payment as soon as possible and at the latest, within 14 days of receipt of the cancellation notification. In the case of a cash refund, the same method used for the payment of the order will be used: if the purchase was paid with a credit card / PayPal account method, the refund will be made directly to the card / account with which the payment was made.

The User has the right to purchase on the Site if:

• is in possession of a credit or debit card belonging to one of the circuits accepted by Tanuki;
• is authorized to use that credit or debit card (the card is in the User's name or has permission to use it);
• is 16 years old, or the higher age required under applicable law to enter into a Contract with Tanuki;
• is a consumer and not a reseller.

Prices and payment The prices of the Products indicated on the Site are expressed in euros (EUR) and are inclusive of VAT. The prices themselves may vary from time to time, without the changes themselves affecting the Orders already confirmed. Delivery costs may be charged to the User. These costs vary for each Product and for delivery methods. All the delivery costs charged are detailed and added to the total amount of the Order, as represented in the detail of the Order as well as in the Order Confirmation. The Products will remain the property of Tanuki until full payment for the Products is received.

4.1. Discounts Tanuki recognizes the possibility for Users to take advantage of a discount on the taxable amount applied to the purchase price of the Products offered by the Platform. This is a variable discount depending on the Contract concluded from time to time by the Users. The amount of the discount is indicated in the Order Confirmation which constitutes, together with these Conditions, an integral part of the Agreement entered into by the Users. 4.2. Payments The User can pay by credit cards, rechargeable credit cards (for example Postepay) and via PayPal. In case of payment by credit card or PayPal, the amount will be charged as soon as the purchase is completed. The display of the debit may vary depending on the bank timing. If the chosen payment method is PayPal, the charge will be made during the Order Confirmation phase. To request an invoice, the User fills out the "Additional Information" option from the Site with the tax code and PEC at checkout. Once the Order has been concluded, it will no longer be possible to request an invoice.

Availability of Products

Tanuki will check the availability of all the Products covered by the Order. Tanuki has the right to terminate the Agreement concluded by the User, by sending written notice, in the following cases:

• the Product ended at the Tanuki warehouses;
• the information provided to Tanuki is not correct or is not verifiable;
• the reported Order has been blocked by Tanuki's security system as it is unusual or at risk of fraud;
• the User is not of the age required by law for entering into a contract with Tanuki;
• there is an obvious error in the price indicated on the Platform.

In any case, the User's right to obtain a refund of the price paid in accordance with the provisions of Article 7.2 of these Conditions is reserved. Delivery of Products Tanuki delivers the ordered Products directly to the address indicated. The shipments of the Orders will take place on working days, also taking into account any national and / or regional holidays observed in the state of residence. Delivery times are estimated on the normal processing of the Order as well as the delivery times declared by the carriers which are approximately 3-5 working days from the Order Confirmation. In case of incomplete or modified address, the delivery times are longer. Delivery periods are indicative and are therefore not intended as fixed conditions. The mere fact that the delivery time is exceeded does not entitle the User to compensation or reimbursement. Furthermore, Tanuki assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes, earthquakes, floods, pandemics, epidemics, war and other similar events that prevented, in whole or in part, execute the shipment within the time agreed by the contract. In this case, Tanuki will not be liable to any User for damages, losses and costs incurred as a result of the failure to execute the Contract, since the User is only entitled to a refund of the price paid. Finally, Tanuki is not responsible for any fraudulent or illegal use by third parties, of checks and other means of payment, upon payment of the purchased Products. Upon delivery of the Products, Tanuki invites the User to check the compliance of the packaging. If the package is damaged, the User has the right not to accept the shipment, without prejudice to the right to obtain a refund of the price paid in accordance with the provided for in Article 7.1 of these Conditions.

 Right of withdrawal 7.1. In accordance with Directive 83/2011 / EU and art. 52 of Legislative Decree 2005, n. 206, the User acting as a "consumer" has the right to withdraw from the Contract within 14 days without having to provide any reasons. In case of exercise of the withdrawal, the User is required to return the Products no later than 14 days from the exercise of the withdrawal. The aforementioned withdrawal period ends after 14 days from the day on which the User, or a third party other than the designated carrier, acquires physical possession of the goods or, in the case of multiple goods ordered by the User through a single Order and delivered separately, after 14 days from the day on which the User or a third party other than the carrier designated by the User acquires physical possession of the last good.

7.2. Returns and Refunds

Without prejudice to the provisions of Article 7.1, the User has the right to return purchases made through the Site within 30 days of delivery. If an Order includes several Products, it will be possible to return even only some of the Products themselves. By way of example only, in the purchase of two pairs of shoes, only one pair can be returned. It is not possible, however, to request the return of a part of the Product such as, for example, a single shoe.

The returned Products must be complete, they must not have been damaged, soiled, washed, altered, used or worn in any way. All Product labels and tags must be intact. In addition, it is necessary that the items of clothing purchased do not smell of smoke, perfume, deodorant or detergent. The Products must not be washed. Failure to comply with these principles makes the right of withdrawal inapplicable.

In base all’articolo 59 del Codice del Consumo, l’Utente non potrà avvalersi del diritto di recesso dal Contratto che abbia come oggetto la fornitura di uno o più dei seguenti Prodotti:

• Products made to measure or clearly personalized;
• Sealed products that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery.

For practical information on how to return, the User can consult the appropriate section containing all the necessary information. The User can inform Tanuki of his intention to exercise the right of withdrawal by letter, fax or e-mail to the following addresses:

• letter: SRD S.r.l. single member via Pasteur 16, 20127
• Milan; e-mail: info@tanukibrand.it

It will be sufficient that this communication is sent before the end of the withdrawal period. Tanuki will refund the amount paid using the same method used by the User for payment as soon as possible and at the latest, within 14 days of receipt of the cancellation notification. In the case of a cash refund, the same method used for the payment of the order will be used: if the purchase was paid with a credit card / PayPal account method, the refund will be made directly to the card / account with which the payment was made. If the User withdraws from the Contract, he will be reimbursed for all payments he has made in favor of Tanuki, including delivery costs (with the exception of additional costs deriving from the possible choice of a type of delivery other than the least expensive type of delivery. standard offered), without undue delay and in any case no later than 14 days from the day Tanuki was informed of the decision to withdraw from the Contract. These refunds will be made using the same payment method used for the initial transaction. In case of cash on delivery, a bank transfer will be arranged. In any case, the User will not have to incur any costs as a result of this refund. Notwithstanding the foregoing, the reimbursement may be suspended until receipt of the goods or until proof of having returned the goods, whichever is earlier.

The return of the Products can be made in the following way:

• The User has the right to request a return authorization by writing an e-mail to info@tanukibrand.it communicating the number of his Order and the Products he intends to return. Once the return label has been received, the User must apply it to the package. This should be the only visible label, so as not to create confusion.

In any case, the User must return the Product in the wrapper and package in which it was received. If the User prefers not to take advantage of the free options available for the return of the Products, the return costs and risks associated with transport will be borne by him without any liability or obligation in this regard on the part of Tanuki. After evaluating the conditions of the Product, Tanuki will inform the User if the latter should be entitled to a refund of the amount paid. Shipping costs will be reimbursed if the right of withdrawal is exercised within the deadline and all Products subject to the same delivery are returned. The refund will be made as soon as possible and in any case within 14 days from the date on which the User has expressed his intention to withdraw from the Contract. Notwithstanding the foregoing, the reimbursement may be suspended until the Products are received or until the User demonstrates that they have returned the Products, whichever is earlier. The refund will always be made using the payment method used to make the purchase, unless the recipient of the purchased Product has used the gift receipt. For any doubts, the User can contact Tanuki through the customer support channels on the Platform.

 8. Liability of Tanuki

Tanuki, in accordance with the provisions of the EU Directive 2019/770 and 2019/771, undertakes to ensure that the Services included in the Platform:

• correspond to the description, quantity and quality provided for in these Conditions;
• are suitable for the use established by the same Conditions;
• are provided with the necessary instructions and due assistance to Users;
• are suitable for the pursuit of the purposes for which services of the same type are usually used.

Furthermore, Tanuki, in compliance with the aforementioned legislation, undertakes to guarantee the safety, reliability, timeliness, accuracy and performance of the Platform, as well as to provide any guarantee for other services or goods received or advertised and any liability in regarding the transmission of computer viruses or other harmful components in connection with the Platform or the Service.

8.1  Limitazioni di responsabilità

In nessun caso Tanuki potrà essere ritenuta responsabile per danni a terzi o alle parti contraenti risultanti, direttamente o indirettamente, dall'uso del Sito, o risultanti dall’acquisto dei Prodotti. Tale esclusione di responsabilità riguarda, tra gli altri, danni diretti, indiretti, accidentali, speciali, esemplari e consequenziali, inclusi: perdita di profitti, perdita di dati o perdita di avviamento; danni informatici; costo di Prodotti o servizi sostitutivi; qualunque danno connesso a lesioni personali o fisiche.

This limitation of liability is also intended to be extended to cases in which Tanuki is informed of the possibility of such damages.

 9.Complaints

If a User believes that his rights have been violated, as well as his privacy, or there are malfunctions of a technical nature of the Site, the User himself, within 48 hours from the discovery of the violation, must immediately send a written complaint to Tanuki, by sending an email to info@tanukibrand.it

To be effective, the complaint must include:

• the handwritten or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• a detailed explanation of the malfunction or the violation and the reasons why it is believed that this violation is inappropriate and / or detrimental to the rights of the User who is filing the complaint;

 10. Changes

Tanuki reserves the right, at its sole discretion, to modify the Platform or the Services, or to modify the Conditions at any time and without prior notification. In case of changes to the Conditions, they will be published on the Platform or notice will be given at the time of the update. The "Last update date" at the bottom of the Conditions will also be updated. By continuing to access or use the Platform or the Services from the publication of a modification of the Platform or from the sending of the notification of a variation, the User accepts these conditions as modified. If such changes are deemed unacceptable, the only possibility will be that stops the use of the platform

 11. Ownership of content

Tanuki owns and has permission to use the intellectual property rights of the Site and the Contents. These rights are protected and reserved. The User has the right to archive, print and view the Contents for personal use only. The User may not use any part of the Site for commercial purposes without the explicit authorization of Tanuki.

 12. Applicable law and competent court

These Conditions are regulated and interpreted in accordance with the laws of the Italian Republic. For any dispute arising from or relating to the use of the website or such contracts, the judge of the place of residence or domicile of the consumer will be competent. If the User enters into the Agreement as a consumer, this clause does not in any way affect the rights that the law recognizes as a consumer. The parties to the Contract undertake to submit all disputes arising from it, as well as from these Conditions or connected to them - including those relating to its interpretation, validity, effectiveness, execution and termination - to the mediation attempt in accordance with the provisions of the Regulations of Civil and Commercial Mediation of the Arbitration Chamber of Milan which the parties expressly declare to know and fully accept. The parties undertake to resort to mediation before starting any arbitration or judicial procedure.

 13. Additional conditions

The headings of the clauses of the Terms of Use have a descriptive function and do not affect their interpretation. If a provision of the Conditions is declared invalid or ineffective, the other provisions will remain valid and binding for the parties, and the invalid or ineffective provision will be replaced, if possible, by the applicable binding legislation.

The User accepts that the rights and obligations contained in these Conditions, as well as any other documents that are incorporated in them by reference, may be freely and legitimately transferred by Tanuki to third parties in the event of a merger or acquisition, or otherwise. event.

 

Last update:

October 17, 2022