The goods subject to these general conditions are offered for sale by the‘Brulania’ of Bruno Daniele with registered office in Santa Maria la Carità (NA), in street Cupa San Marco 47 - 80050, registered at the Chamber of Commerce of Naples with tax code and registration n BRNDNL82C08C129L with VAT number n. 0424721215 here in after referred to as "Supplier",
1.1 By the expression "on-line sales contract", we mean the sales contract relative to the Supplier's tangible movable property, stipulated between the Supplier and the Purchaser within the framework of a remote sales system using telematic instruments, organized by the Supplier.
1.2 The expression "Purchaser" is understood to mean the natural person consumer who makes the purchase.
1.3 The expression "Supplier" means the subject indicated in the epigraph or the subject providing the sales services.
2) SUBJECT OF THE CONTRACT
2.1 With the present contract, respectively, the Supplier sells and the Purchaser purchases at a distance through telematic instruments the tangible movable goods indicated and offered for sale on the site 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 site for the sale of personalised items, embroidered patches and patches and personalised clothing.
2.4 The visual representation of the Products on the Site, is only an example to represent the work already done. The customized product will be created following the graphic acceptance of the draft sent by the Supplier.
3) TERMS OF THE CONTRACT
The contract between the Supplier and the Purchaser is concluded exclusively through the Internet by means of the Purchaser's access to the address www.toppe.com, where, following the procedures indicated, the Purchaser will formalize the proposal for the purchase of the goods referred to in point 1 of the previous article.
The Buyer shall therefore:
- Go to www.toppe.com;
- Select the type of patch to customize: with writing, logo or elaborate.
- Select the size, quantity, type of attachment.
- Upload the file you want to customize;
- Add the order to the cart;
- Create an account if you do not already have one;
- Choose the payment method;
- Choose the type of shipment.
The customer will be contacted by the supplier regarding the approval of the graphic draft and then we will move on to the processing phase.
4) CONCLUSION AND EFFECTIVENESS OF THE CONTRACT
4.1 The purchase contract is concluded through the approval by the Purchaser of the complete display of the order, the price of the goods purchased, the shipping costs and any additional charges, the methods and terms of payment, the address where the goods will be delivered, the timing of delivery and the existence of the right of withdrawal.
4.2 At the moment in which the Supplier receives the order from the Purchaser, he will send a confirmation e-mail or display a printable web page confirming and summarizing the order, in which the data referred to in the previous point are also reported.
4.3 The contract is not considered perfected and effective between the parties in the absence of what is indicated in the preceding paragraph.
4.4 Toppe.com reserves the right to produce a minimum quantity from 1 to 15 pcs only in case of sampling and subsequent production.
4.5 Once received the order the Supplier will provide to the realization of the graphic draft, which after being approved, will start the work. In case the graphic draft is not approved by the Buyer, the latter will be able to ask for a return within 24 hours from the receipt of the graphic approval e-mail.
5) METHODS OF PAYMENT AND REFUND
5.1 Any payment by the Purchaser may only be made by one of the methods indicated on the relevant web page by the Supplier. In particular, the payment methods accepted are PAYPAL, POSTEPAY recharge, Bank Transfer, Cash on Delivery.
5.2 Any eventual reimbursement to the Purchaser will be credited by one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the event of the exercise of the right of withdrawal, as governed by this contract, no later than 24 hours from the date on which the Supplier became aware of the withdrawal itself.
5.3 All communications relating to payments shall take place on a dedicated line of the Supplier protected by an encryption system. The Supplier guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the applicable data protection regulations.
6) TIME AND MODE OF DELIVERY
6.1 The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser or indicated on the website at the time of the offer of the goods, as confirmed in the e-mail referred to in paragraph 4.2.
6.2 Shipping times may vary from the same day of the order to a maximum of 5 working days from the confirmation of the same. In the event that the Supplier is not able to effect shipment within said term but, in any case, within that indicated in the following point, timely notice will be given by e-mail to the Purchaser.
6.3 Once the order has been placed within the term indicated above (see point 6.2), delivery will be made in 24/48h by Gls - Tnt - Sda couriers. Any delays in the delivery of the order will be attributable exclusively to the courier. The shipping costs are:
0 – 3Kg
6,00€ + IVA
7,00€ + IVA
3 – 10 Kg
7,00€ + IVA
9,00€ + IVA
10 – 20 Kg
13,50€ + IVA
16,50€ + IVA
For prices not specified in this table contact the Supplier.
7.1 All sales prices of the products displayed and indicated on 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 any other tax. Shipping costs and any additional charges (eg customs clearance), if any, although not included in the purchase price, must be indicated and calculated in the purchase process before the order is placed by the buyer and also contained in the web page summary of the order placed.
8) PRODUCT AVAILABILITY
8.1 Should an order exceed the basic timeframe for realization, the Supplier will inform the Purchaser, via e-mail, of the waiting time for obtaining the chosen goods, asking whether he intends to confirm the order or not.
8.2 The Supplier's computer system will confirm in the shortest possible time the registration of the order by forwarding a confirmation by e-mail to the user, pursuant to point 4.2.
9 )LIMITATIONS OF LIABILITY
9.1 The Supplier does not assume any responsibility for inefficiencies attributable to force majeure, in the event that it is not able to execute the order within the time foreseen by the contract.
9.2 The Supplier will not be held responsible towards the Purchaser, except in the case of malice or serious fault, for inefficiencies or malfunctions connected to the use of the Internet outside of its own control or that of its sub-suppliers.
9.3 The Supplier shall not be liable for any damages, losses and costs incurred by the Purchaser as a result of the non-execution of the contract for reasons not attributable to the Supplier, and the Purchaser shall only be entitled to a full refund of the price paid and of any additional charges incurred.
9.4 The Supplier does not assume any responsibility for any fraudulent or illicit use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the products purchased, if it proves to have taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
9.5 In no case may the Purchaser be held responsible for delays or mishaps in payment if he/she demonstrates that he/she has made the payment in the time and manner indicated by the Supplier.
10) LIABILITY FOR DEFECT, PROOF OF DAMAGE AND INDEMNIFIABLE DAMAGE: THE OBLIGATIONS OF THE SUPPLIER.
10.1 Pursuant to articles 114 and following of the Consumer Code, the Supplier is responsible for the damage caused by defects of the goods sold if he fails to inform the damaged party, within three months from the request, of the identity and domicile of the producer or the person who supplied him with the goods.
10.2. The above request, by the damaged 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 shall not be liable for the consequences of a defective product if the defect is due to the conformity of the product with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered as defective.
10.4 No compensation will be due if the injured party was aware of the defect of the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it.
10.5 In any case the damaged party will have to prove the defect, the damage and the causal connection between the defect and the damage.
10.6 The injured party may claim compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and thus principally used by the injured party.
10.7 The damage to property referred to in art. 123 of the Consumer Code will, however, be indemnifiable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros).
11) GUARANTEES AND 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 coexist: (a) they are fit for the use for which goods of the same type are customarily used; (b) they conform to the description made by the seller and possess the qualities of the goods which the seller has presented to the consumer as a sample or model; c) they have the quality and performance which are customary for goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this respect by the seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) they are also fit for the particular purpose intended by the consumer and which the consumer has brought to the knowledge of the seller at the time of conclusion of the contract and which the seller has accepted, even by implication.
11.2 The Purchaser loses any right if he doesn't report the conformity defect to the vendor within the term of two months from the date in which the defect was discovered. The report is not necessary if the vendor has acknowledged the existence of the defect or has concealed it.
11.3 In any case, unless there is proof to the contrary, it is presumed that the lack of conformity which becomes apparent within two months of delivery of the goods already existed on that date, unless this assumption is incompatible with the nature of the goods or the nature of the lack of conformity.
11.4 In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier pursuant to art. 130, paragraph 4, of the Consumer Code.
11.5 The request must be made in writing, by registered mail, to the Supplier, which will indicate its willingness to carry out the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, if the Supplier has accepted the Purchaser's request, it will have to indicate the method of shipment or return of the goods as well as the deadline for the return or replacement of the defective goods.
11.6 If repair and replacement are impossible or excessively onerous, or Supplier has not repaired or replaced the goods within the term referred to in the previous point, or, finally, the replacement or repair previously carried out has caused considerable inconvenience to Purchaser, Purchaser may request, at his choice, an appropriate reduction of the price or the termination of the contract. In this case, the Purchaser shall send his request to the Supplier, who shall indicate his willingness to carry out the request, or the reasons preventing him from doing so, within seven working days from receipt.
11.7 In the same communication, if the Supplier has accepted the Purchaser's request, the Supplier shall indicate the proposed price reduction or the modalities for returning the defective goods. In such cases, it shall be the Purchaser's responsibility to indicate how the sums previously paid to the Supplier are to be re-credited.
12) BUYER'S OBLIGATIONS
12.1 The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in the Contract.
12.2 The information contained in this Contract has, however, already been viewed and accepted by the Purchaser, who acknowledges that this step is made mandatory prior to confirmation of purchase.
13) RIGHT OF WITHDRAWAL
13.1 The Buyer has in any case the right to withdraw from the contract stipulated within 24 hours, without any penalty and without specifying the reason, starting from the day of receipt of the purchased goods.
This type of withdrawal is applicable only to custom-made products.
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 Purchaser may not exercise this right of withdrawal for contracts for the purchase of audiovisual products or computer software sealed, which have been opened by the same, as well as goods made to measure or clearly personalized or which, by their nature, can not be returned or are liable to deteriorate or expire rapidly, the supply of newspapers, periodicals and magazines, as well as goods whose price is linked to fluctuations in the rates of the financial market that the professional is unable to control and in any other case provided for in Article 55 of the Consumer Code.
13.3 The only expenses payable by the consumer for the exercise of the right of withdrawal under this article are the direct costs of returning the goods to the Supplier, unless the Supplier agrees to bear them.
13.4 The Supplier will refund the entire amount paid by the Purchaser within 30 (thirty) days from receipt of the withdrawal notice.
13.5 With the receipt of the communication with which the Purchaser communicates the exercise of the right of withdrawal, the parties to this contract are released from their mutual obligations, without prejudice to the provisions of the previous points of this article.
14) CAUSES OF TERMINATION
14.1 The obligations referred to in point 12.1, assumed by the Purchaser, as well as the guarantee of the good outcome of the payment that the Purchaser makes with the means referred to in art. 5.1, and also the exact fulfilment of the obligations assumed by the Supplier in point 6, have an essential character, so that by express agreement, the non-fulfilment of only one of these obligations, if not caused by a fortuitous event or force majeure, will result in the legal termination of the contract pursuant to art. 1456 c.c., without the need for a judicial ruling.
15) PROTECTION OF CONFIDENTIALITY AND PROCESSING OF BUYER'S DATA
15.1 The Supplier safeguards the privacy of his customers and guarantees that the treatment of the data is in accordance with the privacy regulations of the D.Lgs. 30 June 2003, n. 196.
15.2 Personal data and fiscal data acquired directly and/or through third parties by the Supplier 'Brulania' di Bruno Daniele, owner of the treatment, are collected and treated in paper, computer, telematic form, in relation to the treatment modalities with the purpose of registering the order and activating the procedures for the execution of this contract and the relative necessary communications, besides the fulfilment of the eventual law obligations, as well as to allow an effective management of the commercial relationships in the necessary measure to carry out at best the requested service (art. 24, comma 1, lett. b, D.Lgs. n. 196/2003).
15.3 The Supplier undertakes to treat the data and information transmitted by the Purchaser with confidentiality and not to reveal 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 only be produced at the request of judicial authorities or other authorities authorized by law.
15.4 Personal data will be communicated, subject to the signing of a commitment to confidentiality of the data itself, only to persons delegated to carry out the activities necessary for the execution of the contract and communicated exclusively for that purpose.
15.5 The Buyer enjoys the rights under Art. 7 of Legislative Decree 196/03, namely:
the right to obtain:
a) the updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) certification to the effect that the operations as per letters a) and b) have been notified, as also related to their contents, to the entities to whom or which the data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected. The interested party also has the right to oppose, in whole or in part:
(i) for legitimate reasons to the processing of personal data concerning him/her, even if pertinent to the purpose of collection;
ii) to the processing of personal data concerning him/her, where it is carried out for the purpose of sending advertising materials or direct selling or else for the performance of market or commercial communication surveys.
15.6 The communication of personal data by the Purchaser is a necessary condition for the proper 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 kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. Their removal will take place in any case in a secure manner.
15.8 The holder of the collection and treatment of personal data is the Supplier, to whom the purchaser may address any request at the company's headquarters.
15.9 Everything that should reach the mail address (also electronic) of the Centre (requests, suggestions, ideas, information, materials, etc..) will not be considered information or data of a confidential nature, will not violate the rights of others and will contain valid information, not damaging the rights of others and true, in any case can not be attributed to the Centre any responsibility on the content of the messages themselves.
16) WAY OF ARCHIVING THE CONTRACT
16.1 Pursuant to art. 12 of Legislative Decree 70/03, the Supplier informs the Purchaser that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself according to criteria of confidentiality and security.
17) COMMUNICATIONS AND COMPLAINTS
17.1 Written communications addressed to the Supplier and any complaints will be considered valid only if 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 email@example.com. The Purchaser shall indicate on the registration form its residence or domicile, telephone number or e-mail address to which it wishes to receive communications from the Supplier.
18) SETTLEMENT OF DISPUTES
18.1 All disputes arising from this contract will be referred to the Chamber of Commerce indicated in the introduction in the identification of the Supplier and resolved according to the Conciliation Regulations adopted by the same.
18.2 If the Parties intend to refer to the ordinary Judicial Authority, the competent Court is the one of the place of residence or elective domicile of the consumer, mandatory according to art. 33, 2nd paragraph, letter u) of the Legislative Decree n. 206/2005.
19) APPLICABLE LAW AND REFERRAL
19.1 This contract is governed by Italian law.
19.2 For anything not expressly provided for herein, the rules of law applicable to the relationships and the cases provided for 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 regulations contained in Part III, Title III, Chapter I of Legislative Decree 206/05 are hereby expressly referred to.
 "Simplification of certain obligations in the public and private sectors with regard to processing for administrative and accounting purposes" of June 19, 2008, published in Official Gazette no. 152 of July 1, 2008.
 General provision of the Guarantor for the protection of personal data "Practical guide to simplification measures for small and medium-sized enterprises" of May 24, 2008, published in Official Gazette no. 142 of June 21, 2007.