General Online Terms and Conditions of Sale
Art. 1 - Definitions
1.1. These general terms and conditions of sale govern the purchase of products made remotely by electronic means through the website www.tadaahshop.com, owned by TADAAH S.r.l., with registered office in Brembate di Sopra, Piazza Papa Giovanni Paolo II, 91, registered with the Bergamo Companies Register, REA no. 444971, Tax Code 04214520167, VAT no. IT04214520167, hereinafter referred to as “TADAAH” or the “Seller”.
1.2. “Online sales contract” means a distance contract concerning movable goods and/or services concluded between TADAAH and the customer, whether consumer or professional user, within a sales system organised by TADAAH that uses distance communication techniques, including the online interface of the website.
1.3. “Consumer” means exclusively a natural person acting for purposes unrelated to any business, commercial, craft or professional activity carried out.
1.4. “Professional user” means a natural or legal person who purchases goods and/or services for purposes directly or indirectly related to their business, commercial, craft or professional activity, including purchases made with a VAT number.
1.5. “Customer” means, as applicable, the consumer or professional user who places an order through the website www.tadaahshop.com.
1.6. “Durable medium” means any instrument that enables the consumer or TADAAH to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored.
1.7. “Online withdrawal function” means the function made available on the online interface pursuant to Article 54-bis of the Consumer Code, enabling the consumer to submit an online withdrawal statement to TADAAH.
Art. 2 - Acceptance of the Terms and Conditions of Sale
2.1. These general terms and conditions are available on the website www.tadaahshop.com for the customer to consult, reproduce and store. TADAAH may update, supplement or amend them at any time, with effect for the future, by publishing them on the website.
2.2. The sales contract is concluded when the customer accesses the website www.tadaahshop.com and completes the purchase procedure, according to the instructions displayed during the ordering process.
2.3. The general terms and conditions of sale must be examined by the customer before completing the purchase procedure. Submission of the order implies full knowledge and acceptance of these conditions, except for any special conditions agreed in writing with TADAAH.
2.4. By electronically submitting the order, the customer declares that they have read and accepted these general terms and conditions, the payment terms, the pre-contractual information made available on the website, the privacy policy and any other mandatory information required by applicable law.
2.5. Sales made to consumers are governed by Legislative Decree no. 206 of 6 September 2005, the Consumer Code, as subsequently amended and supplemented. Sales made to professional users are governed by the Italian Civil Code and by the legislation applicable to relations between professionals.
2.6. Before the order is concluded, where the right of withdrawal applies, TADAAH provides the consumer with information on the conditions, terms and procedures for exercising the right of withdrawal and, where applicable, information on the existence and location of the online withdrawal function provided for by Article 54-bis of the Consumer Code.
Art. 3 - Sale Prices and Purchase Methods
3.1. The products, prices and sales conditions displayed on the website www.tadaahshop.com, within the limits of availability and subject to material or technical errors, constitute a public offer to consumers. The contract is concluded upon acceptance of the order by TADAAH or upon shipment of the goods, as indicated in these conditions.
3.2. For customers other than consumers, product orders are expressly declared irrevocable for the entire period scheduled for delivery and in any case for 30 days from the order date, unless otherwise accepted in writing by TADAAH.
3.3. The total shipping cost to the address indicated by the customer is borne by the customer, except for promotions, exceptions or special conditions published on the website or agreed in writing. The shipping cost is made known to the customer before purchase confirmation.
3.4. The order is finalised by correctly completing the required data, checking the order summary, selecting the payment method and accepting the applicable conditions through the specific boxes or functions provided on the website.
3.5. The customer may pay for the ordered goods using the payment methods indicated online at the time of purchase. Unless otherwise indicated in writing, payment is made in advance using the instruments made available on the website.
3.6. Prices for different types of transport may vary depending on weight, dimensions, delivery destination, services requested, insurance, time slot or further options selected by the customer.
3.7. For professional users, receipt of the order does not bind TADAAH until TADAAH has expressly accepted the order by written confirmation, electronic communication or shipment of the goods.
3.8. The customer grants TADAAH the right to accept the order only partially, allowing shipment of the available goods within the limits determined by the Seller. In this case, the contract shall be deemed concluded only with reference to the goods actually sold and shipped, with reimbursement of any amounts not due.
3.9. In the event of an evident error in the price, product characteristics or availability, TADAAH will promptly inform the customer, who may confirm the order under the corrected conditions or cancel it with refund of any sums already paid.
Art. 4 - Delivery Methods, Goods Inspection and Transport Liability
4.1. TADAAH delivers the ordered products to the address indicated by the customer, through couriers, carriers or other parties appointed for delivery.
4.2. The customer is responsible for the accuracy and completeness of the delivery address indicated when placing the order. Any costs arising from incorrect addresses, storage, redelivery or failure to collect may be charged to the customer, unless attributable to TADAAH.
4.3. The purchased goods are delivered within the times indicated on the website, in the product sheet, in the order summary or in subsequent communications from TADAAH. For consumers, the terms and remedies provided by the Consumer Code remain unaffected. TADAAH shall not be liable for delays or non-delivery due to force majeure, unforeseeable circumstances or circumstances not attributable to TADAAH.
4.4. At the time of delivery, the customer is required to check the integrity of the packaging, the number of packages, the absence of visible damage, tampering, openings, crushing, wetness, breakage, altered tapes or other external anomalies. In the presence of a damaged package, missing package, non-intact packaging or any visible anomaly, the customer must accept the goods with a specific reservation, indicating on the transport document or on the carrier’s device a clear description of the anomaly found, for example “accepted with reservation due to damaged packaging”, “accepted with reservation due to crushed package”, “accepted with reservation due to opened package” or another specific wording.
4.5. Acceptance of the goods without a specific reservation may make it more difficult to manage any claims against the carrier for transport damage visible at the time of delivery. The customer must promptly report to TADAAH any damage, anomalies or discrepancies found, attaching, where possible, photographs of the outer packaging, shipping label, transport document, damaged product and any other useful element for handling the claim.
4.6. For consumer customers, as defined by the Consumer Code, the risk of loss of or damage to the goods transfers to the consumer only when the consumer, or a third party designated by the consumer other than the carrier, physically takes possession of the goods, except where the carrier was chosen directly by the consumer and such choice was not proposed by TADAAH. The mandatory rights granted to the consumer by applicable law remain unaffected, including the right of withdrawal, where applicable, and the legal guarantee of conformity.
4.7. For non-consumer customers, including professional users, companies, businesses, entities, resellers, professionals and persons purchasing with a VAT number for purposes related to their activity, unless otherwise agreed in writing, the goods travel at the customer’s risk from the moment they are handed over to the carrier appointed for shipment. In such cases, any delays, losses, theft, damage, faults or other problems occurring during transport shall be handled with the carrier according to the applicable transport conditions, with TADAAH excluded from any liability for events exclusively attributable to the carrier, except in the case of wilful misconduct or gross negligence by TADAAH.
4.8. If the customer requests the use of a carrier other than the one proposed by TADAAH and such carrier is chosen directly by the customer, transport shall take place at the customer’s risk, care and expense from the moment the goods are handed over to the chosen carrier, within the limits provided by applicable law.
4.9. In the event of direct collection of the goods by the customer, or by a party appointed by the customer, the risk of loss or damage transfers to the customer when the goods are handed over to the customer or to the appointed party, without prejudice to the mandatory rights granted to the consumer by applicable law.
Art. 5 - Product Availability
5.1. The customer may purchase products under the conditions indicated in the electronic catalogue prepared by TADAAH and in the quantities available in stock or obtainable from TADAAH’s suppliers.
5.2. TADAAH does not guarantee the continuous availability of all products under the offered conditions. In the event of total or partial unavailability and payment already made, TADAAH will promptly inform the customer and refund the amounts not due without additional charges, unless another solution is agreed with the customer.
5.3. If, for reasons not attributable to TADAAH, the price or supply conditions change before acceptance of the order, TADAAH may inform the customer of the new conditions. The consumer may cancel the order before delivery if they do not intend to accept the new proposed conditions.
5.4. The images, descriptions and technical data sheets on the website are for information purposes and may contain updates or non-substantial differences compared to the product supplied, without prejudice to the consumer’s right to the conformity of the goods with the contract.
Art. 6 - Liability
6.1. TADAAH assumes no liability for service disruptions attributable to force majeure or unforeseeable circumstances, such as, by way of example, accidents, explosions, fires, strikes, lockouts, natural events, measures by authorities, unavailability of IT systems not attributable to TADAAH or other events that prevent, in whole or in part, performance of the contract within the agreed timeframes.
6.2. In such cases, the customer shall be entitled to a refund of any sums paid for services not performed, within the limits provided by law and without prejudice to the mandatory rights granted to the consumer.
6.3. TADAAH is not liable for any fraudulent or unlawful use by third parties of credit cards, payment instruments or payment data, unless responsibility is directly attributable to TADAAH. During the purchase procedure, payment data are normally transmitted through a secure connection to payment service providers, according to their respective security procedures.
6.4. TADAAH is not liable for indirect damages, loss of profit, business interruptions or loss of earnings suffered by professional users, except in cases of wilful misconduct or gross negligence and within the limits permitted by law.
Art. 7 - Guarantees and Assistance Methods
7.1. TADAAH markets high-quality products. For consumers, the legal guarantee of conformity provided by the Consumer Code applies. This guarantee covers conformity defects existing at the time of delivery of the goods and applies according to the terms, conditions and remedies provided by the legislation in force.
7.2. For professional users, companies, businesses, entities, resellers, professionals and persons purchasing with a VAT number for purposes related to their business, commercial, craft or professional activity, the guarantees provided by the Italian Civil Code apply and, where present, the conventional or commercial guarantees provided by the manufacturers. Any commercial guarantees offered by manufacturers are additional to and do not replace the mandatory rights granted by law to the consumer.
7.3. At the time of the order and, in any case, before conclusion of the contract, upon request by the consumer, TADAAH communicates the conditions of any commercial guarantee provided by the manufacturers, where available.
7.4. In the event of an assistance request, the customer must follow the instructions provided by TADAAH and, where required, complete the return form or provide the information necessary to identify the order, the product and the alleged defect. No product may be sent to TADAAH without prior authorisation and without the operational return instructions.
7.5. Transport costs relating to warranty interventions shall be managed in accordance with applicable law, the conditions of the legal guarantee for consumers or the conditions of any applicable commercial guarantee. Any costs not due by the consumer shall not be charged to the consumer.
7.6. For professional users, companies, businesses, entities, resellers, professionals and persons purchasing with a VAT number for purposes related to their activity, unless otherwise agreed in writing with TADAAH or otherwise provided by the applicable commercial guarantee, transport, collection, shipment to TADAAH or to the indicated service centre, redelivery, packaging, insurance, handling, tail-lift service, customs procedures, duties, import or re-import charges and any other ancillary cost connected with the request for assistance, technical inspection or warranty repair shall be borne by the professional customer. This provision applies in particular to machinery, equipment, bulky, heavy, fragile products, products on pallets, large accessories or goods not normally shippable by ordinary post, for which transport costs may be significant.
7.7. If, following technical inspection, the reported defect is not covered by warranty, or is found to have been caused by improper use, incorrect installation, lack of maintenance, wear, tampering, transport damage, unauthorised interventions or causes not attributable to TADAAH or to the manufacturer, TADAAH will inform the customer of any costs for diagnosis, transport, redelivery, labour, spare parts and out-of-warranty repair. The intervention will be carried out only after acceptance of the related quotation, unless otherwise agreed in writing.
7.8. In the event of a lack of conformity of goods purchased by a consumer, the provisions of the Consumer Code on legal guarantee apply, including the remedies of restoring conformity, price reduction or termination of the contract in the cases provided by law.
Art. 8 - Obligations of the Buyer
8.1. Once the online purchase procedure has been concluded, the customer undertakes to keep a copy of these general terms and conditions, the order confirmation and the specifications of the purchased product, where necessary for the purpose of proving the contract and exercising their rights.
8.2. These general terms and conditions may be updated or amended by TADAAH with effect for the future. The contract concluded shall be governed by the conditions published and accepted by the customer at the time the order is submitted, unless otherwise agreed in writing between the parties.
8.3. The customer is prohibited from entering false, invented, inaccurate or unauthorised third-party data in the registration, purchase or payment procedure. Personal, tax, billing and contact data must be correct, up to date and refer to the customer or to the person on whose behalf the customer is legitimately acting.
8.4. Abusive multiple registrations, use of third-party identities without authorisation or conduct that may compromise the security of the website, payment systems or purchase procedures are prohibited. TADAAH reserves the right to pursue any violation before the competent authorities.
8.5. The customer holds TADAAH harmless from any liability arising from the issue of incorrect tax documents due to inaccurate or incomplete data provided by the customer, except where the error is attributable to TADAAH.
Art. 9 - Right of Withdrawal, Online Function Pursuant to Article 54-bis of the Consumer Code and Return Costs
9.1. The right of withdrawal is granted exclusively to consumer customers, namely natural persons who purchase for purposes unrelated to any business, commercial, craft or professional activity carried out. Pursuant to Articles 52 et seq. of Legislative Decree no. 206 of 6 September 2005, the Consumer Code, the consumer has the right to withdraw from the distance purchase contract within 14 calendar days, without having to provide any reason and without incurring costs other than those provided by applicable law.
9.2. The withdrawal period starts from the day on which the consumer, or a third party other than the carrier and designated by the consumer, acquires physical possession of the goods. In the case of an order relating to several goods delivered separately, the period starts from the day on which the consumer, or a third party other than the carrier and designated by the consumer, acquires physical possession of the last good.
9.3. To exercise the right of withdrawal, the consumer must complete and submit the specific online form available on the website www.tadaahshop.com through the function indicated with the wording “withdraw from the contract here” or with another equivalent, easily legible and unequivocal wording. The online withdrawal function is made available pursuant to Article 54-bis of the Consumer Code for contracts concluded through the website or other online interface of TADAAH.
9.4. In the online form, the consumer must indicate or confirm the data necessary to identify the request, including name and surname, order number, product or products for which the withdrawal is to be exercised and email address to receive confirmation. After completing the form, the consumer must submit the request using the confirmation function indicated with the wording “confirm withdrawal” or another equivalent and unequivocal wording.
9.5. Once the withdrawal statement has been received through the online function, TADAAH will send the consumer, without undue delay, an acknowledgement of receipt by email or other durable medium, containing the summary of the request, the date and time of transmission, as provided by Article 54-bis of the Consumer Code. The right of withdrawal is deemed to have been exercised within the deadline if the request is sent by the consumer before the expiry of the 14-day period.
9.6. In the event of exercise of the right of withdrawal, the consumer is required to return the goods to TADAAH without undue delay and in any case within 14 days from the date on which they communicated their decision to withdraw. The deadline is met if the consumer sends back the goods before the expiry of this period.
9.7. The goods must be returned intact, complete with accessories, manuals, components and original packaging where available, and kept with normal diligence. The consumer is liable only for any decrease in the value of the goods resulting from handling other than that necessary to establish their nature, characteristics and functioning.
9.8. The direct costs of returning the goods to TADAAH’s premises, or to any different address indicated by TADAAH, are borne by the consumer, unless TADAAH has expressly agreed in writing to bear them or unless TADAAH has failed to inform the consumer, before conclusion of the contract, that such costs are borne by the consumer.
9.9. For bulky, heavy, fragile products, products packed on pallets, machinery, equipment, large accessories, goods not normally returnable by ordinary post, products coming from abroad, from non-EU/non-EEA or intercontinental countries, or goods subject to special handling, the direct return costs may be high and vary depending on the country of collection, weight, volume, dimensions, type of packaging, need for lifting equipment, tail-lift service, insurance, customs procedures, duties, import, re-import charges or other ancillary services required by transport. Such costs remain borne by the consumer, within the limits provided by applicable law and provided that the consumer has been informed before conclusion of the contract.
9.10. The consumer may independently organise the return shipment, assuming the related costs and responsibility for the correct preparation, protection, handling and shipment of the goods, or may request TADAAH to provide a quotation for collection through an affiliated carrier. In the latter case, the service will be organised only after acceptance of the related cost by the consumer. Shipments sent to TADAAH freight collect, cash on delivery or otherwise with costs borne by the recipient will not be accepted, unless previously authorised in writing by TADAAH.
9.11. TADAAH will reimburse the consumer for all payments received in relation to the contract subject to withdrawal, including any standard delivery costs incurred for the initial shipment of the goods, excluding supplementary costs resulting from the consumer’s choice of a delivery method other than the least expensive standard delivery offered by TADAAH. The reimbursement will be made without undue delay and in any case within 14 days from the day on which TADAAH was informed of the consumer’s decision to withdraw from the contract.
9.12. TADAAH may withhold reimbursement until it has received the goods or until the consumer has supplied evidence of having sent back the goods, whichever is earlier. The reimbursement will be made using the same means of payment used by the consumer for the initial transaction, unless otherwise expressly agreed with the consumer and provided that the consumer does not incur any costs as a result of the reimbursement. Any return transport costs advanced by TADAAH at the consumer’s request may be deducted from the reimbursement due, within the limits permitted by applicable law.
9.13. The right of withdrawal is excluded in the cases provided by applicable law, including, by way of example, goods made to measure or clearly personalised, goods made or ordered according to the customer’s specific requests, goods liable to deteriorate or expire rapidly, sealed goods that are not suitable for return for hygiene reasons or reasons connected with health protection and that have been opened after delivery, goods which, after delivery, are inseparably mixed with other goods, as well as the other exclusion cases provided by the Consumer Code.
9.14. The right of withdrawal provided by the Consumer Code does not apply to purchases made by non-consumer customers, including professional users, companies, businesses, entities, resellers, professionals or persons purchasing with a VAT number for purposes related to their business, commercial, craft or professional activity, unless otherwise agreed in writing with TADAAH.
9.15. For B2B customers and, in general, for non-consumer customers, any returns, cancellations, order cancellations, replacements or goods returns may be accepted only with prior written authorisation from TADAAH and under the conditions agreed from time to time. In the absence of written authorisation, TADAAH shall not be required to accept the return of the goods. Unless otherwise agreed in writing, all transport, return, redelivery, packaging, insurance, handling, tail-lift service, customs procedures, duties, import or re-import charges and any other ancillary cost connected with returns, replacements, goods returns or cancellations shall be borne by the non-consumer customer.
9.16. The threshold of EUR 50 provided by Article 47, paragraph 2, of the Consumer Code concerns low-value contracts negotiated away from business premises and does not limit the right of withdrawal provided for distance contracts concluded online, where applicable.
Art. 10 - Authorisations and Payments
10.1. By completing the specific fields on the website and selecting the chosen payment method, the customer authorises payment of the total amount shown as the cost of the online purchase, according to the conditions of the relevant payment service provider.
10.2. Electronic payment procedures normally take place through a secure connection and systems managed by authorised third parties. TADAAH does not store complete payment card data, except as may be necessary and permitted by applicable law and by the payment services used.
10.3. If the consumer exercises the right of withdrawal or if the payment is not followed by completion of the sale, the amount to be reimbursed is credited back using the same means of payment used for the initial transaction, unless otherwise expressly agreed with the consumer and without costs to the consumer.
10.4. TADAAH reserves the right to suspend order fulfilment in the event of non-payment, incomplete payment, transaction anomalies or the need for anti-fraud checks, in compliance with applicable law.
Art. 11 - Contract Termination and Express Termination Clause
11.1. TADAAH has the right to terminate the contract entered into by notifying the customer and stating the reason, in the cases permitted by law. In such case, the customer is entitled to a refund of any sums already paid for products not supplied, without prejudice to TADAAH’s right to claim compensation for any damage in cases of customer liability.
11.2. The obligations undertaken by the customer pursuant to Art. 8, as well as the obligation to pay the full price, are essential. Failure to fulfil any of these obligations may determine, in relations with professional users and within the limits permitted by law, automatic termination of the contract pursuant to Art. 1456 of the Italian Civil Code, without prejudice to TADAAH’s right to seek compensation for any further damage.
11.3. The mandatory rights granted to the consumer by applicable law remain unaffected.
Art. 12 - Privacy
12.1. The customer’s personal data are processed by TADAAH as data controller for purposes connected with registration, order management, contract performance, product delivery, assistance, compliance with tax, accounting and legal obligations, as well as for the further purposes indicated in the privacy policy available on the website www.tadaahshop.com.
12.2. Personal data are processed in compliance with Regulation (EU) 2016/679, GDPR, Legislative Decree no. 196 of 30 June 2003, as amended by Legislative Decree no. 101 of 10 August 2018, and the applicable national and European legislation on personal data protection.
12.3. Personal data may be communicated to parties carrying out activities necessary for the performance of the contract or compliance with legal obligations, such as couriers, consultants, credit institutions, payment service providers, technical suppliers, parties appointed for assistance and competent authorities, within the limits of the purposes indicated in the privacy policy.
12.4. The data subject may exercise the rights provided by Articles 15 et seq. of the GDPR, including the right of access, rectification, erasure, restriction, objection and data portability, in the cases and within the limits provided by applicable law. The procedures for exercising such rights are indicated in the privacy policy published on the website.
12.5. Submission of the order presupposes acknowledgement of the privacy policy made available online before completion of the purchase procedure. Processing of the data necessary for performance of the contract does not require the customer’s consent when based on performance of the contract or compliance with legal obligations.
12.6. TADAAH adopts technical and organisational measures appropriate for the protection of the personal data processed. It is understood that the use of electronic networks may involve risks that cannot be entirely eliminated, including outside the scope of the measures reasonably adoptable by TADAAH.
Art. 13 - Jurisdiction and Competent Court
13.1. Any dispute relating to the application, performance, interpretation and breach of online purchase contracts concluded through the website www.tadaahshop.com is subject to Italian jurisdiction. For anything not expressly provided for in these general conditions, the provisions of the Italian Civil Code, the Consumer Code where applicable and current Italian legislation apply.
13.2. For any dispute between TADAAH and the consumer, the court of the consumer’s place of residence or domicile shall have jurisdiction, if located within the territory of the State, as provided by current legislation.
13.3. For any dispute between TADAAH and customers who do not qualify as consumers, including professional users, companies, businesses, entities, professionals or persons purchasing with a VAT number for purposes related to their activity, the Court of Bergamo shall have exclusive jurisdiction, unless otherwise provided by mandatory law.
This text has been translated by artificial intelligence; the content of the official text is valid only in the Italian version.
