Terms and conditions of use

IDENTIFICATION OF THE SUPPLIER

The goods covered by these general conditions are offered for sale by Brulania S.r.l., with registered office in Santa Maria la Carità (NA), at via Cupa San Marco 47 - 80050, registered with the Chamber of Commerce of Naples under VAT number 10305791211, hereinafter referred to as the "Supplier",

1) DEFINITIONS

1.1 The expression "online sales contract" means the contract of sale relating to the Supplier's tangible movable goods, entered into between the latter and the Buyer within the framework of a distance selling system by means of electronic tools, organised by the Supplier.

1.2 The expression "Buyer" means the natural-person consumer who makes the purchase.

1.3 The expression "Supplier" means the party indicated in the heading, i.e. the party providing the sales services.

2) SUBJECT MATTER OF THE CONTRACT

2.1 By means of this contract, respectively, the Supplier sells and the Buyer purchases at a distance, by means of electronic tools, the tangible movable goods indicated and offered for sale on the website www.toppe.com

2.2 The products referred to in the previous point are illustrated on the web page: www.toppe.com/

2.3 www.toppe.com is an online website for the sale of customised items, embroidered patches, and custom apparel.

2.4 The visual representation of the Products on the Site is provided by way of example only, to illustrate work already carried out. The customised product will be created following the graphic approval of the draft sent by the Supplier.

3) METHOD OF CONCLUDING THE CONTRACT

The contract between the Supplier and the Buyer is concluded exclusively over the internet through the Buyer's access to the address www.toppe.com, where, by following the procedures indicated, the Buyer will come to formalise the proposal for the purchase of the goods referred to in point 1 of the preceding article.

The Buyer must therefore:

• - Access the website www.toppe.com;
• - Select the type of patch to be customised: with lettering, logo, or elaborate design.
• - Select the dimensions, the quantities, and the type of attachment.
• - Upload the file to be customised;
• - Add the order to the cart;
• - Create an account where one is not already held;
• - Choose the payment methods;
• - Choose the type of shipping.

The customer will be contacted again by the Supplier regarding the approval of the graphic draft, and the processing phase will subsequently begin.

4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

4.1 The purchase contract is concluded through the Buyer's approval of the complete display of the order, of the price of the good purchased, of the shipping costs and of any further accessory charges, of the payment methods and terms, the address where the good will be delivered, the delivery times, and the existence of the right of withdrawal.

4.2 When the Supplier receives the order from the Buyer, it sends a confirmation e-mail or displays a printable confirmation and summary web page of the order, in which the data referred to in the previous point are also reported.

4.3 The contract shall not be deemed perfected and effective between the parties in the absence of what is indicated in the previous point.

4.4 Toppe.com reserves the right to produce a minimum quantity of 1 to 15 pcs only in the case of sampling and subsequent production.

4.5 Once the order has been received, the Supplier will prepare the graphic draft, which, after being approved, will start the work. Where it is not approved by the Buyer, the latter may submit a return request within 24 hours of receiving the graphic approval e-mail.

5) PAYMENT AND REFUND METHODS

5.1 Any payment by the Buyer may be made only by means of one of the methods indicated on the dedicated web page by the Supplier. Specifically, the accepted payment methods are PAYPAL, POSTEPAY top-up, Bank Transfer, Cash on Delivery.

5.2 Any refund to the Buyer will be credited by means of one of the methods offered by the Supplier and chosen by the Buyer, in a timely manner and, in the case of exercise of the right of withdrawal, as governed by this contract, at the latest within 24 hours of the date on which the Supplier became aware of the withdrawal itself.

5.3 All communications relating to payments take place over a dedicated line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with a further level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.

6) DELIVERY TIMES AND METHODS

6.1 The Supplier will deliver the selected and ordered products, by the methods chosen by the Buyer or indicated on the website at the time the good is offered, as confirmed in the e-mail referred to in point 4.2.

6.2 Shipping times may vary from the same day of the order to a maximum of 5 working days from confirmation of the order itself. In the event that the Supplier is unable to ship within said term but, in any case, within the term indicated in the following point, the Buyer will be given timely notice by e-mail.

6.3 Once the order has been executed within the term indicated above (cf. point 6.2), delivery will be made within 24/48h via the couriers Gls – Tnt – Sda. Any delays in the delivery of the order shall be attributable exclusively to the courier. The shipping costs are:

For prices not specified in this table, please contact the Supplier.

7) PRICES

7.1 All the sale prices of the products displayed and indicated within the website www.toppe.com are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code.

7.2 The sale prices referred to in the previous point are exclusive of VAT and of any other tax. Shipping costs and any accessory charges (e.g. customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase procedure before the order is submitted by the buyer, and must also be contained in the web page summarising the order placed.

8) AVAILABILITY OF THE PRODUCTS

8.1 Should an order exceed the base timeframes for its execution, the Supplier will, by e-mail, inform the Buyer of the waiting times to obtain the chosen good, asking whether the Buyer intends to confirm the order or not.

8.2 The Supplier's computer system confirms the registration of the order as soon as possible by forwarding to the user a confirmation by electronic mail, pursuant to point 4.2.

9) LIMITATIONS OF LIABILITY

9.1 The Supplier assumes no liability for disruptions attributable to force majeure, in the event that it is unable to execute the order within the times set out in the contract.

9.2 The Supplier cannot be held liable towards the Buyer, except in cases of wilful misconduct or gross negligence, for disruptions or malfunctions connected with the use of the internet beyond its own control or that of its sub-suppliers.

9.3 The Supplier shall furthermore not be liable for damages, losses, and costs incurred by the Buyer as a result of the failure to perform the contract for causes not attributable to it, the Buyer being entitled only to the full refund of the price paid and of any accessory charges incurred.

9.4 The Supplier assumes no liability for any fraudulent and unlawful use that may be made by third parties of credit cards, cheques, and other means of payment upon payment for the products purchased, provided that it demonstrates that it has adopted all possible precautions based on the best knowledge and experience of the time and on ordinary diligence.

9.5 Under no circumstances may the Buyer be held liable for delays or errors in payment where he demonstrates that he made the payment in the times and manner indicated by the Supplier.

10) LIABILITY FOR DEFECTS, PROOF OF DAMAGE AND RECOVERABLE DAMAGES: THE SUPPLIER'S OBLIGATIONS.

10.1 Pursuant to arts. 114 et seq. of the Consumer Code, the Supplier is liable for damage caused by defects in the good sold where it fails to communicate to the injured party, within the term of three months from the request, the identity and domicile of the producer or of the person who supplied it with the good.

10.2. The above request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase;

10.3 The Supplier cannot be held liable for the consequences arising from a defective product if the defect is due to the product's conformity with a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge, at the time the producer put the product into circulation, did not yet allow the product to be regarded as defective.

10.4 No compensation shall be due where the injured party was aware of the defect of the product and of the danger arising from it and nevertheless voluntarily exposed himself to it.

10.5 In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.

10.6 The injured party may claim compensation for damages caused by death or personal injury, or by the destruction or deterioration of an item other than the defective product, provided that it is of a type normally intended for private use or consumption and mainly used as such by the injured party.

10.7 The damage to property referred to in art. 123 of the Consumer Code shall, however, be recoverable only in the amount that exceeds the sum of three hundred and eighty-seven euros (euro 387).

11) WARRANTIES AND METHODS OF ASSISTANCE

11.1 For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances co-exist: a) they are fit for the use to which goods of the same type are ordinarily put; b) they conform to the description given by the seller and possess the qualities of the good that the seller presented to the consumer as a sample or model; c) they display the quality and performance customary for a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements about the specific characteristics of the goods made in this regard by the seller, the producer, or its agent or representative, in particular in advertising or on the labelling; d) they are also fit for the particular use intended by the consumer and made known by him to the seller at the time of conclusion of the contract, and which the seller has accepted, including by conclusive conduct.

11.2 The Buyer forfeits all rights where he does not report the lack of conformity to the seller within the term of two months from the date on which the defect was discovered. Notice is not necessary if the seller has acknowledged the existence of the defect or concealed it.

11.3 In any case, unless proven otherwise, defects of conformity that appear within two months of delivery of the good are presumed to have already existed on that date, unless this hypothesis is incompatible with the nature of the good or with the nature of the defect of conformity.

11.4 In the event of a lack of conformity, the Buyer may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the good purchased, a reduction in the purchase price, or the termination of this contract, unless the request proves objectively impossible to satisfy or proves excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.

11.5 The request must be sent in writing, by registered letter with return receipt, to the Supplier, who shall indicate its willingness to comply with the request, or the reasons preventing it from doing so, within seven working days of receipt. In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the methods of shipping or returning the good as well as the term provided for the return or replacement of the defective good.

11.6 Where repair and replacement are impossible or excessively onerous, or the Supplier has not carried out the repair or replacement of the good within the term referred to in the previous point, or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Buyer, the latter may request, at his choice, an adequate reduction in the price or the termination of the contract. In such a case, the buyer must send his request to the Supplier, who shall indicate its willingness to comply with it, or the reasons preventing it from doing so, within seven working days of receipt.

11.7 In the same communication, where the Supplier has accepted the Buyer's request, it must indicate the proposed price reduction or the methods for returning the defective good. In such cases it shall be the Buyer's responsibility to indicate the methods for the re-crediting of the sums previously paid to the Supplier.

12) OBLIGATIONS OF THE BUYER

12.1 The Buyer undertakes to pay the price of the good purchased in the times and manner indicated by the Contract.

12.2 The information contained in this contract has, moreover, already been reviewed and accepted by the Buyer, who acknowledges this, since this step is made mandatory before the purchase confirmation.

13) RIGHT OF WITHDRAWAL

13.1 In any case, the Buyer has the right to withdraw from the concluded contract within 24 hours, without any penalty and without specifying the reason, running from the day of receipt of the good purchased.

This type of withdrawal is applicable only to products customised to measure.

If the request is made after 24 hours it will no longer be possible to proceed with the withdrawal request, as our team is already at work.

13.2 The Buyer may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or sealed computer software that have been opened by the Buyer, nor for goods made to measure or clearly customised, or which, by their nature, cannot be sent back or are liable to deteriorate or expire rapidly, for the supply of newspapers, periodicals, and magazines, nor for goods whose price is linked to fluctuations in the financial market rates that the trader is unable to control, and in every other case provided for by art. 55 of the Consumer Code.

13.3 The only costs due from the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the good to the Supplier, unless the Supplier agrees to bear them.

13.4 The Supplier will refund, free of charge, the entire amount paid by the Buyer within the term of 30 (thirty) days from receipt of the notice of withdrawal.

13.5 Upon receipt of the communication by which the Buyer notifies the exercise of the right of withdrawal, the parties to this contract are released from their reciprocal obligations, without prejudice to the provisions of the previous points of this article.

14) GROUNDS FOR TERMINATION

14.1 The obligations referred to in point 12.1, assumed by the Buyer, as well as the guarantee of the successful outcome of the payment that the Buyer makes by the means referred to in art. 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, are of an essential nature, so that, by express agreement, the non-fulfilment of even one of said obligations, where not caused by fortuitous event or force majeure, shall entail the automatic termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling.

15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF THE BUYER'S DATA

15.1 The Supplier protects the privacy of its customers and guarantees that the processing of data complies with the provisions of the privacy legislation set out in Legislative Decree no. 196 of 30 June 2003[1].

15.2 The personal, registry, and tax data acquired directly and/or through third parties by the Supplier Brulania S.r.l., data controller, are collected and processed in paper, computer, and electronic form, in relation to the processing methods, for the purpose of registering the order and activating, in respect of the Buyer, the procedures for the execution of this contract and the related necessary communications, in addition to the fulfilment of any legal obligations, as well as to allow effective management of commercial relations to the extent necessary to best carry out the requested service (art. 24, paragraph 1, letter b, Legislative Decree no. 196/2003)[2].

15.3 The Supplier undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to disclose them to unauthorised persons, nor to use them for purposes other than those for which they were collected, or to transmit them to third parties. Such data may be disclosed only at the request of the judicial authority or of other authorities authorised by law.

15.4 The personal data will be communicated, subject to the signing of a confidentiality undertaking regarding the data itself, only to parties delegated to carry out the activities necessary for the execution of the concluded contract, and communicated exclusively within the scope of that purpose.

15.5 The Buyer enjoys the rights set out in art. 7 of Legislative Decree 196/03, namely:

the right to obtain:

a) the updating, rectification or, where there is an interest, the integration of the data;

b) the erasure, the transformation into anonymous form, or the blocking of data processed in breach of the law, including data whose retention is not necessary in relation to the purposes for which the data were collected or subsequently processed;

c) the certification that the operations referred to in letters a) and b) have been brought to the knowledge, also as regards their content, of those to whom the data were communicated or disseminated, except where such fulfilment proves impossible or involves the use of means manifestly disproportionate to the protected right. The data subject also has the right to object, in whole or in part:

i) on legitimate grounds, to the processing of personal data concerning him, even if pertinent to the purpose of the collection;

ii) to the processing of personal data concerning him for the purpose of sending advertising material or direct selling, or for carrying out market research or commercial communication.

15.6 The communication of one's personal data by the Buyer is a necessary condition for the correct and timely execution of this contract. Failing this, the Buyer's request cannot be processed.

15.7 In any case, the data acquired will be retained for a period of time no longer than that necessary for the purposes for which they were collected or subsequently processed. Their removal will in any case take place in a secure manner.

15.8 The controller of the collection and processing of personal data is the Supplier, to whom the buyer may address any request at the company's premises.

15.9 Anything that may reach the (including electronic) mail address of the Centre (requests, suggestions, ideas, information, materials, etc.) shall not be considered information or data of a confidential nature, must not infringe the rights of others, and must contain valid information, not harmful to the rights of others and truthful; in any case, no liability whatsoever may be attributed to the Centre for the content of the messages themselves.

16) METHOD OF ARCHIVING THE CONTRACT

16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Buyer that every order sent is stored in digital / paper form on the server / at the Supplier's premises according to criteria of confidentiality and security.

17) COMMUNICATIONS AND COMPLAINTS

17.1 Written communications addressed to the Supplier and any complaints shall be deemed valid only where sent to the following address: Via Cupa San Marco, 47 - 80050 Santa Maria la Carità (NA), or sent by e-mail to the following address info@toppe.com. The Buyer indicates in the registration form his residence or domicile, the telephone number, or the electronic mail address to which he wishes the Supplier's communications to be sent.

18) SETTLEMENT OF DISPUTES

18.1 All disputes arising from this contract shall be referred to the Chamber of Commerce indicated in the preamble in the identification of the Supplier and resolved according to the Conciliation Regulation adopted by it.

18.2 Should the Parties intend to bring the matter before the ordinary Judicial Authority, the competent Court is that of the place of residence or elected domicile of the consumer, which is mandatory pursuant to art. 33, 2nd paragraph, letter u) of Legislative Decree no. 206/2005

19) APPLICABLE LAW AND REFERENCE

19.1 This contract is governed by Italian law.

19.2 For anything not expressly provided for herein, the legal provisions applicable to the relationships and situations envisaged in this contract shall apply, and in particular art. 5 of the Rome Convention of 1980.

19.3 Pursuant to art. 60 of Legislative Decree 206/05, the rules contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are expressly referred to here.





[1] General measure of the Data Protection Authority "Simplification of certain requirements in the public and private sphere with respect to processing for administrative and accounting purposes" of 19 June 2008, published in the Official Gazette of 1 July 2008, no. 152.



[2] General measure of the Data Protection Authority "Practical guide of simplification measures for small and medium-sized enterprises" of 24 May 2008, published in the Official Gazette of 21 June 2007, no. 142.