1. WHAT IS THIS DOCUMENT E BECAUSE IT IS IMPORTANT?
These terms and conditions of sale ("Conditions of sale") govern the purchase of products that we promote and sell on this Site ("Products") and the sending of such Products in the countries to which we make the delivery service. "Site" means the website www.throwbackltd.com. When you make a purchase on this Site, you will be asked to accept these Terms of Sale; their acceptance involves the stipulation of a contract governed by them. So it is important that you carefully read the Terms of Sale before placing an order for Products on the Site ("Order").
If you need more information, contact our Customer Service by writing an email to email@example.com.
2. WHO ARE WE?
In these Terms of Sale, "Throwback", "Throwbackltd" and "we" indicate the seller of the Products, namely the company Psg S.r.l. with registered office in Via Europa, 60 - 80040 Cercola (Naples) Italy - Vat Nr.: IT08526251213, which is responsible for selling to consumers in the country of your choice for the delivery of products.
You can contact the company at any time by writing an email to our Customer Service at: firstname.lastname@example.org.
3. ARE THE DESCRIPTIONS OF THE PRODUCTS AND THE PRICES INDICATED ARE PRECISE?
We do our best to ensure that the information on the Products is accurate and up-to-date. However, we can not guarantee that there will be no errors in the description and / or price of the Products, or that the Products will always be available if you wish to place an Order to purchase them. In addition, the colors displayed on your screen may depend on your computer system and settings, so we can not assure you that they will be reproduced accurately. We reserve the right to change information about the Products displayed on our Site, including prices, descriptions and availability. However, these changes will not affect orders for which we have already sent an order receipt e-mail.
You can consult information about prices and currencies on the page Prices and Currencies.
4. HOW CAN I PURCHASE ON THIS SITE?
Below are described all the steps necessary to make a purchase (ie, in legal terms, to complete a purchase contract) on our Site At the end of the procedure, we will provide you with the finalized contract, which will also be accessible - even if not editable - from us in the future.
1st step: make an Order:
To complete a purchase, first you must make an Order for the Products. The Order must then be accepted by us. To make an Order you must be 18 years old. To make an Order, you must select the Products on the Site, choose the preferred shipping method, choose the payment method (which on our site is exclusively Paypal or Credit Card), then click on the "PAY" button. We will not accept Orders made in ways other than those specified above.
2nd step: we confirm the receipt of the Order
When you place an Order through the Site, you will receive an automatic e-mail confirming the receipt of the Order ("Order Receipt e-mail"). The Order Receipt e-mail contains all the details of your Order, such as Order number, Product information, prices, shipping address, delivery charges, etc.). Remember that the e-mail of Receipt of the Order does NOT constitute an acceptance of the Order.
3rd step: we confirm that the Products have been sent - finalized contract
Once your order is accepted, we will send you an e-mail to confirm that all or part of the Products have been sent ("Shipping Confirmation e-mail").
The receipt of the Shipping Confirmation e-mail means that your Order has been accepted and that the purchase contract has been finalized with reference to the Products actually shipped. The contract is made up of your order, your e-mails of receipt of the order and confirmation of shipment and the current sales conditions at the specific time. Other terms and conditions will not apply.
Cases of non-acceptance of Orders
Even if we do our best to always accept Orders, it could happen that an Order is rejected, for example:
- If you provide us with incomplete, incorrect or fraudulent information about your identity, age, payment information, billing information, shipping address;
- We detect the presence of an error on our Site regarding the Products you have ordered, for example in the price or description displayed;
- The Products you have ordered are sold out or no longer available;
- We have reason to believe that your intent is to resell the Products;
If we can not accept your Order, we will contact you by e-mail as soon as possible, and in any case within thirty (30) days from the date of the Order. In the event that we can not accept your Order due to the unavailability of the Products or due to an error in the price and / or other information contained on our Website, we will refund the amount already charged for the Products.
5. HOW CAN I PAY THE PRODUCTS?
For purchases on the Site, we only accept two methods of payment: Paypal or Credit Card.
6. WHEN WILL THE PRODUCTS BE DELIVERED? CAN I TRAVEL MY SHIPMENT?
We offer various delivery options, among which you can choose the one that best suits your personal needs. Specific delivery terms and conditions and different shipping costs apply to the various delivery options. You will find the details on the page Shipping and Delivery.
You can track the shipment of your Products on your account page: "Order History", "Details" button related to your order and click on the code under "Tracking Number", or you can find it in the Shipping Confirmation mail.
We remind you that through the link you will access directly to the website of the forwarder on which we have no control.
7. I WISH TO RETURN A PRODUCT THAT I PURCHASED ON THE SITE. WHAT SHOULD I DO?
We hope that the purchase made by Throwback fully satisfies you, but we understand that you may want to make all or part of the Products. You can return the Products if they have not satisfied you or if you simply change your mind, within 14 days of receipt (right of withdrawal).
You can also return defective products within 2 years or a longer period possibly covered by local legislation (legal guarantee for consumer goods). In both cases, you are entitled to a refund.
You will find all the details, conditions and complete instructions for making a return on the page Returns and Refunds.
8. TO WHICH CAN I REVEAL IN CASE OF PROBLEMS WITH A PURCHASE OR A PRODUCT, OR TO PRESENT A COMPLAINT? DOES THROWBACK OFFER POST SALES TO CUSTOMERS?
If you have problems or want to send a complaint with reference to a Product or a purchase made on the Site, or simply need after-sales assistance, you can contact our Customer Service by writing an email to email@example.com.
9. WHAT ARE THROWBACK'S RESPONSIBILITIES IN THE CASE OF PROBLEMS RELATED TO A PURCHASE OR A PRODUCT?
Our liability for any damages attributable to slight negligence, regardless of the legal basis, will be limited to the following: (i) we will be liable for a maximum amount equal to the foreseeable damage typical of this type of contract for breach of substantial contractual obligations; (ii) we will not be liable for minor violations of other applicable due diligence obligations.
The above limitation of liability does not apply to the liability of the law and the liability for culpable personal injury. The above limitations of liability do not apply in the case and to the extent that Throwback has provided a specific warranty. The provisions described apply equally to our liability for minor expenses.
In any case, you are required to take appropriate measures to avoid and reduce damages.
We also remind you that we can not be held liable for delayed or failed fulfillment of our obligations under the Conditions of Sale where such delayed or non-performance is due to circumstances beyond our reasonable control including, but not limited to, natural disasters, wars or civil unrest, strikes, government intervention, omissions from suppliers, communication of inaccurate information or non-payment by you.
We will inform you of such unforeseen events as soon as possible and will do our best to reduce their impact on our performance, as far as reasonably possible. If the interruption continues for more than two (2) weeks, you can cancel the order and get a refund.
Nothing in these Terms of Sale will affect your consumer rights, such as the right of withdrawal or the right to a free warranty to cover any defects as specified in Clause 7; Furthermore, nothing in these Terms of Sale will exclude or limit any Throwback liability that can not be excluded or limited under applicable law.
10. ON THIS SITE HAVE MY PERSONAL DATA COLLECTED AND PROCESSED, WHY AND HOW?
By doing the Order, you provide us with the authorization to store, process and use your personal data for the processing of your Order.
11. USE OF THE SITE
12. WHAT IS APPLICABLE LAW? IS THE COMPETENT COURT IN CASE OF DISPUTES AND THROWBACK ADHERES TO A CODE OF CONDUCT?
These Terms of Sale are governed in every respect by the laws of the country of delivery of your Order, with the exclusion of the rules on the conflict between laws, including, by way of example, your local legislation that includes the Directive 2011/83/EU on consumer protection. The Courts of the same country shall have exclusive jurisdiction to settle any disputes arising from a purchase made on this Site or referring to any Product, without prejudice to any right provided by the mandatory provisions of the applicable law to incinerate legal proceedings at the place of residence or domicile habitual consumer.