General Conditions of Sale
The sales contract for the products displayed on this website (“Website”) is governed by the following General Terms and Conditions of Sale ("Terms and Conditions").
When purchasing on the Website, the customer (“Customer”) is purchasing directly from:
TENACTA GROP SPA (“TENACTA”)
Via Piemonte, 5/11 - 24052 AZZANO S. PAOLO (Bergamo) ITALY
VAT Registration and Tax Code: 02734150168
C.C.I.A.A. of Bergamo R.E.A. no. 318318 – Share Capital of EUR 20,640,000 fully paid in
These Terms and Conditions comply with all the applicable laws and shall apply exclusively to distance selling of TENACTA products (“Products”) to customers in Czech Republic, Hungary, Poland, Portugal (with the exception of the Azores and Madeira), Slovakia and Slovenia.
TENACTA will not accept purchase orders (“Orders”) for delivery outside of the aforementioned territories.
TENACTA reserves the right to change these Terms and Conditions at any time without prior notice: notwithstanding the foregoing, such changes shall have no effect whatever on any Orders already sent to TENACTA before such changes are published on the Website.
The Product information and data published on the Website is for explanatory and promotional purposes only.
Without prejudice to its undertaking to guarantee that such information is precise and up to date, TENACTA declines all responsibility for the correctness, accuracy or timeliness of such information (e.g., with respect to the prices and indications of availability of Products).
The nature and quality of the images and colours displayed on the Website depend on the settings of the user's device. Consequently, TENACTA cannot guarantee that the user's device will display the colours and images properly.
How to place an order
To place an Order, it suffices:
- To be at least eighteen (18) years of age and to have full legal capacity for entering into binding agreements;
- To complete the appropriate form on the Website; and
- To provide a valid telephone number and e-mail address.
Once the Order has been submitted, TENACTA will e-mail a summary of the Order to the Customer, stating the main elements of the Order.
TENACTA reserves the right not to accept an Order at its unchallengeable discretion.
The distance selling contract shall not be considered to have been formed until Tenacta sends the confirmation of shipment to the Customer (“Confirmation of Shipment”).
If TENACTA does not accept an Order, TENACTA will notify the Customer of that decision by e-mail, telephone or post.
The prices of the Products and of the services available on the Website are quoted in Euros. Such prices include the VAT and any eco-contribution. Any other charges payable by the Customer will be clearly itemised on the summary of the Order. The total price stated on the summary of the Order represents the total amount payable.
In the unlikely event of errors in the prices published on the Website, the incorrect prices shall not be binding on TENACTA in any way, not even if stated in the summary of the Order.
It is possible to pay for the Order by the following methods:
- Credit card of the type indicated by the logos (e.g., Visa, Mastercard);
- PayPal, if it is possible to pay by credit card or through a registered PayPal account. In the payment phase, you will be temporarily transferred to the PayPal website to enter the information necessary for the transaction in complete security. Upon completion of the payment, you will be brought back to the Website to view the summary of the Order;
- Sofort/Klarna bank transfers. This verified and secure payment system lets you set up a payment directly from your home banking site. Learn how to do it at the website https://www.sofort.com.
For warranty purposes, it is advisable to keep a copy of the shipping document or invoice, if applicable. For further details, please see the WARRANTY chapter in these Terms and Conditions.
For delivery of the Orders, TENACTA makes use of primary courier services.
Shipping countries: Germany, Czech Republic, Hungary, Poland, Portugal (with the exception of the Azores and Madeira), Slovakia and Slovenia.
The available methods of delivery and estimated timeframes are indicated in the “Methods of Shipment” section of the Order form. The specified times are merely indicative.
In exceptional cases (such as delivery to places that are difficult for the courier to reach), the waiting period may be longer. In case of specific requirements or special requests, it is advisable to contact the Customer Service to make sure of the probable delivery times.
TENACTA cannot be held liable for any delayed delivery of Orders for reasons that are beyond its control (e.g., in the case of events that are exceptional or attributable to the courier’s activities).
Upon delivery of the Products to the courier, TENACTA will e-mail to the Customer the Confirmation of Shipment, which will indicate the shipment number (or tracking number) and a hyperlink that can be used by the Customer to track the shipment.
If one or more of the Products is not available in the single Order, TENACTA, will proceed as follows:
- the available Products will be delivered in any case, if the Customer instructs TENACTA to do so; otherwise
- The Order will be cancelled. In that case, TENACTA will inform the Customer and agree on the method of refund.
The Customers are requested to make every effort to facilitate proper and timely delivery of Orders.
An individual Customer who purchases the Products on the Website as a consumer, that is to say for purposes unrelated to any employment or economic activities, has the right to cancel the Contract for any reason within fourteen (14) calendar days after the Product delivery date, without having to provide explanations and without penalty.
For the present purposes, Product delivery date means the day on which physical possession of the goods is acquired by the Customer or by a third party (other than the carrier) designated by the Customer.
To exercise the right of cancellation, Customers are required to make an express declaration (e.g., by letter or e-mail) to inform TENACTA of their decision to cancel the Contract. For this purpose, the Customer may use the following “Standard Form” for cancellation:
- To: [TENACTA GROUP SPA c/o Uff. Magazzino Recessi, Via Piemonte, 5/11 - 24052 AZZANO S. PAOLO (BG) ITALY, Tel. +39-035-68.81.11, E-mail: firstname.lastname@example.org]:
- I/We hereby notify you of the cancellation of my/our sales contract for the following goods/services: [insert the description of the goods/services]
- Ordered on [insert date]/Received on [insert date]
- Order no.
- Name of the consumer(s) [insert name]
- Address of the consumer(s) [insert address]
- Signature of the consumer(s) (only if a hardcopy of the present form is submitted)
- Date [insert date]
Upon cancelling the Contract, the Customer is entitled to a refund of all the payments made in connection with the purchase of the Product, including the initial delivery costs (except for any additional costs resulting from the Customer's choice of a delivery method other than the least expensive type of standard delivery offered by TENACTA).
Such refunds shall be sent without undue delay, at the latest within (14) days after the day on which TENACTA verifies the legitimacy of the cancellation.
Refunds shall be made using the same payment method used by the Customer for the initial transaction, unless the Customer has expressly agreed otherwise; it shall be understood, in any case, that no refunds will be made in cash, discount vouchers or coupons.
The refund may be postponed until receipt of the Products [by TENACTA] or until Customers prove that they have sent back the Products, where applicable.
The right of cancellation is subject to the following conditions:
- The right of cancellation only concerns a Product purchased for private purposes;
- The Product purchased must be undamaged and returned in the original packaging, complete with all the parts (including the packing, accessories, original shipping document and any other documentation);
- In any case, Customers shall avoid attaching labels or adhesive tape directly to the original packaging of the Product;
- Unless stated otherwise on the Website, the cancelling Customer shall bear all costs of return shipment of the Product;
- The Customer shall bear all risks of loss or damage of the Product until proof of receipt at our warehouse.
If the Product to be returned is subsequently damaged during transport by the Customer, the right of cancellation will be forfeited and TENACTA shall notify the Customer of the damage that occurred, so that the Customer may submit any formal complaint; in which case, the Product shall be made available to the Customer upon request, and the Customer shall bear all transportation costs.
TENACTA assumes no liability whatsoever for any damage, loss or destruction of Products returned through uninsured shipment; upon arrival (in the warehouse), the Product will be inspected to evaluate any damage or tampering not caused by the transport.
If the Product, packaging and/or packing is particularly damaged, TENACTA will withhold a percentage from the refund as a share in costs of restoration.
To extent permitted by the applicable laws and regulations, the Customer's right of cancellation shall be forfeited in cases in which the following are observed:
- damage to the Product;
- absence of components forming part of the Product (accessories, parts, etc.);
- lack of outer packaging and/or the original inner packing.
If, after receiving a returned Product, TENACTA ascertains during inspection that the Customer's right of cancellation is forfeited, TENACTA shall return the Product to the Customer only if the Customer agrees to pay the corresponding costs of shipment.
In the unlikely case that the Products delivered to the Customer are defective and/or non-conforming, the Customer shall benefit from the statutory warranty of conformity granted solely to consumers.
Based on the statutory provisions, the statutory warranty of conformity is subject to the conditions and time limitations set forth by the applicable consumer law in the country where the consumer resides.
To request a warranty repair, the Customer may contact TENACTA Customer Service in any of the following ways by sending an e-mail to the address email@example.com.
For proper use of the Product, we ask the Customer to carefully read and strictly comply with the instructions and warnings contained in the “User's Manual” and/or indicated on the Product itself. In addition, for certain Products, specific warranty requirements may be applicable, as indicated in the User's Manual.
In case of any non-conformities, the Customer must show the shipping document evidencing the delivery date and description of the Product.
Disposal of WEEE Products
WEEE is an acronym for “Waste Electrical and Electronic Equipment”, the disposal of which is governed by the applicable Italian and EC laws. The objective of such laws and regulations is to reduce the production of waste consisting of electrical and electronic equipment and to encourage reuse, recycling and other forms of recovery.
An EEE product always has the symbol of a crossed-out waste container, which means it must not be disposed of like ordinary household waste.
Before deciding to throw out a product that still works, please consider whether the product could be useful to somebody else (e.g. a friend or relative). Alternatively, the Customer may contact volunteer associations or schools that might be able to use the product for their activities.
Any of those alternatives will extend the useful life of the household appliance, which will help reduce the environmental impact of waste production.
In the event of any consumer dispute, the Customer is entitled to make use of the online dispute-resolution procedure available at http://ec.europa.eu/ consumers/odr/.