These General Terms and Conditions of Sale govern the purchase of the products of Trevikart Srl, Green Design Division, made remotely on the Internet from the website: https://www.tkgreendesign.com.

ART.1 – DEFINITIONS

• Trevikart Srl: the company that owns the Website and the seller, with registered offices at 90, Via Castellana, Ospedaletto d’Istrana (Treviso), Italy, registered with the Treviso Register of Companies, REA (business registration No.) TV 167752, VAT No. 01222730267;
• General Terms and Conditions: terms and conditions applied by Trevikart Srl for the remote sale of Products from the Website;
• Website: https://www.tkgreendesign.com;
• Customer/Customers: user(s) who, after registering, access the Website to view it and potentially place Orders;
• Order/Orders: proposals for the online purchase of Products on the Website, by registered Customers;
• Products: products of Trevikart Srl temporarily present on the Website – product line # Green Design;
• Product Line # Green Design: all products marketed by Trevikart Srl on the Website.

ART.2 – GENERAL NOTES

All purchases of Products made on the Website, are concluded by Customers with Trevikart Srl and are governed by these General Terms and Conditions and, for that which is not regulated here, by the “Consumer Code” (Legislative Decree No. 206/2005), section II – Remote Contracts, by Electronic Commerce Rules (Legislative Decree No. 70/2003) and, for the protection of confidentiality, by the “Privacy” Law (Legislative Decree No. 196/03). The General Terms and Conditions applied are those in force on the date on which the Order is sent and may be changed at any time to apply to Orders placed after their publication on the Website.

ART.3 – PRODUCTS

These General Terms and Conditions apply exclusively to the sale, via the web, of the Products displayed and in the manner indicated on the Website https://www.tkgreendesign.com. The visual representation of the Products displayed on the Website, where available, normally corresponds to a photographic image of the product, but its sole purpose is to present them for sale, without any guarantee by Trevikart Srl that the image displayed on the Website corresponds to the actual product, with regard to colour aspects. Where the image is different from the description, the description of the Products shall always prevail.

ART.4 – PRICES

The prices of the Products are inclusive of VAT, refer to the current price list and do not include delivery charges, which are borne by the Customer as specified on the Order. The amount may vary depending on the means of transport and place of delivery.

ART.5 – REGISTRATION

In order to make purchases from the Website, Customers must register by accessing the section Login registration – My Account and by entering the data requested, a valid email address and a password. Registration on the site is free of charge and will be confirmed by sending an email to the address provided by the Customer. Registration credentials are to be used by the customer only and may not be transferred to third parties. The Customer is solely responsible for access to the Website by means of the registration credentials and is directly liable for any damage caused to Trevikart Srl, or to third parties, by improper use, loss, or failure to protect their registration credentials.

ART.6– RESERVES

Trevikart reserves the right at its discretion to accept or not to accept a Customer’s Order, without the Customer having the right to make any claim, for any reason whatsoever, including compensation, for non-acceptance. Orders that have been accepted will only be processed following payment by the Customer.

ART.7 – PURCHASING PROCEDURES (ORDERS)

The publication of Products on the Website constitutes an invitation to purchase addressed to Customers. Registered Customers may send Purchase Orders for the Products in the Website catalogue, as described in the relative information sheets and in compliance with the procedures laid down in them. The customer may proceed to complete the Order in the following manner:

a) Customer already registered on the Website: simply enter your access credentials (username and password) in the Registered Customers section.

b) New Customer: proceed to register online, in the section Login/Register – My Account.

Before placing an Order, the Customer may check the unit cost of each Product selected, the total cost for more than one Product and the delivery costs. If the Website does not show any error messages then the procedure will have been correctly completed (the system cannot detect errors in the data entered by a Customer in the fields for billing and shipping addresses).

ART.8 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

By sending an order via internet, a Customer declares that he or she has read and accepted these General Terms and Conditions, which are therefore valid in his or her relations with Trevikart Srl.

ART. 9 – CONCLUSION OF THE CONTRACT – After an Order has been sent, the Customer will receive an email from TreviKart Srl confirming receipt of the Order, the number assigned, information on the main characteristics of the Product purchased, detailed information on the price, delivery costs and means of payment, a specific reference to the General Terms and Conditions of the Contract and information on the existence of a right of withdrawal. The Customer shall check the accuracy of the data contained on the Order with the utmost care and attention and shall keep the acknowledgement of receipt on hard copy or electronic media. Customers must use the Order number generated by the system for all communications with Trevikart Srl.

ART. 10 – PAYMENT PROCEDURES

The purchase price is in Euro and must be paid in advance online following acceptance of the Order, using the following methods: a) Credit cards: the credit cards accepted are: Visa, Visa Electron, Vpay, Master Card, Maestro; b) PayPal; c) Bank transfer: a user can pay by making a bank transfer to Trevikart Srl;

IBAN: BANCA POPOLARE D VERONE IBAN IT30V0503412000000000002209

The Product will not be shipped until the payment has been received in the current account of Trevikart Srl. An invoice with the data provided will follow, which will be delivered to the Customer together with the Product.

ART.11 – COMPLAINTS – RIGHT OF WITHDRAWAL – EXCEPTIONS ART. 59 CONSUMER CODE

Customers may write to hello@tkgreendesign.com for any complaints and they will then be contacted within 2 working days of the request.

Pursuant to Art. 52 and following of Legislative Decree No. 206/2005 (the “Consumer Code”), a “consumer Customer” (a natural person who purchases Products for purposes not related to his or her work, or without giving a VAT number as a reference) has the right to withdraw from a purchase contract for any reason and without providing explanations, as specified in the information in the relative section, entitled “Consumer’s Right of Withdrawal”.

The Right of Withdrawal is excluded for the cases specifically listed in Art. 59 of the Consumer Code, entitled Exceptions to the Right of Withdrawal and in particular, as far as it relates to the Products of Trevikart Srl, for:

(c) the supply of tailor-made or clearly customised goods;

(d) the supply of goods that are liable to deteriorate or expire rapidly;

(e) the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery;

ART.12 – DELIVERY PROCEDURES

A Product that has been purchased is delivered by courier to the address given by the Customer in the on-line Order. Deliveries will be made from Monday to Friday, during office hours, excluding national holidays. Delivery shall be deemed completed when the Product is made available to the Customer, at the address specified on the Order. Any damage to the tamper-proof label, to the packaging and to the Products, or a mismatch in the number of pieces/packages, must be immediately contested by the Customer, who may contact Trevikart Srl by means of the Complaint procedure, specifying the Order number for the Order that is being reported. If a delivery is not completed due to the absence of the recipient, the courier will notify the recipient by email and will attempt delivery the next day. If it is again not possible to make the delivery due to the absence of the recipient, Trevikart Srl will attempt to contact the Customer to give a new date. If it is not possible to deliver within the next 10 days, or in the event of a further absence of the recipient, the Products will be returned to Trevikart Srl. If a delivery is delayed, Trevikart Srl will notify the Customer by email. revikart Srl will not be held liable for delivery delays. In cases of force majeure, unavailability of the means of transport, as well as unforeseeable or unavoidable events that cause deliveries to be delayed, or prevent them from being carried out, Trevikart Srl shall have the right to split, postpone or cancel, in whole or in part, the delivery, or to terminate the sales contract. In these cases, Trevikart Srl shall duly notify the Customer by email to his or her address, and the Customer shall be entitled to a refund of the price, excluding any further claim, including a claim for damages, against Trevikart Srl.

ART.13 – LEGAL GUARANTEE OF CONFORMITY AND DEFECTIVE PRODUCTS – CLAIM CONDITIONS

a) Legal guarantee for the “Consumer Customer” (hereinafter the “Consumer”): the Consumer, as defined in Art. 3 of the Consumer Code (Legislative Decree No. 206/2005) has the right to make use of the legal guarantee provided by the Consumer Code itself in articles 128 to 132. This Guarantee states that the Consumer, under penalty of forfeiture, must notify Trevikart Srl of any lack of conformity of the purchased Product within 2 (two) months of its discovery (Art. 132 of the Consumer Code). Following that notification, the Consumer shall be entitled to request the repair or replacement of the Product, without prejudice to any other rights of the Consumer provided by law. By virtue of the above legal guarantee, Trevikart Srl is liable for conformity defects which become apparent within 2 (two) years following the Delivery of the Product. After the time limit has expired, Trevikart Srl shall not be held liable for conformity defects of the Product. In cases of replacement, or repair of the Product, the terms of the guarantee for the replaced, or repaired Product shall be the same as for the original product. Therefore, the total two-year duration of the legal guarantee shall in any event run from the delivery of the original product. Reference is made to Art. 128 and following of the Consumer Code.

b) Legal guarantee for the non-consumer Customer (Professional): A “Professional Customer”, as defined in Art. 3 of the Consumer Code, has the right only to the guarantee provided by the Italian Civil Code. A non-consumer Customer, under penalty of forfeiture, must notify Trevikart Srl of any conformity defect of the purchased Product within 8 (eight) days from its discovery and in any event within a time limit of 12 (twelve) months following its delivery. Trevikart Srl requires proof of purchase for guarantee purposes.

Notification of a Product non-conformity must necessarily be accompanied by a copy of the purchase invoice and a written report of the specific defects found. On receipt Trevikart Srl has the right to check that the Product(s) have been correctly used and stored in appropriate, dry places, not exposed to sunlight, water and other atmospheric events capable of altering their physical and aesthetic characteristics, as indicated in the technical data sheets included in the packaging, and available on the Website.

ART.14 – DATA PROCESSING

Customer data are processed by Trevikart Srl in accordance with the regulations in force, as specified in the information notice in the section entitled “Privacy Policy”.

ART.15 – SOLE JURISDICTION

Any disputes relating to the interpretation, performance and termination of the contracts entered into in adherence to these General Conditions shall be entrusted to the jurisdiction of Italy and the sole jurisdiction of the Court of Treviso, unless rules to which no exception may be made provide for a different sole jurisdiction (Court of the “Consumer”).

ART.16 – APPLICABLE LAW

For all that not expressly provided for in the General Terms and Conditions, the contracts concluded in adherence to these General Terms and Conditions shall be subject to Italian law.

ART.17 – SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

The contents of the Website, such as for example images, photographs, dialogues, music, sounds, videos, documents, drawings, logos and any other material published on the Website, including menus, web pages, graphics, colours, diagrams, tools, fonts and web designs, diagrams, layouts, methods, processes, functions and software are protected by copyright and the intellectual property rights of Trevikart Srl. The production, modification, duplication, copying, distribution, sale, or exploitation of the Website’s contents is prohibited unless previously authorised by Trevikart Srl. Any use of the contents of the Website for commercial and/or advertising purposes by Customers is also prohibited.

RIGHT OF WITHDRAWAL

If a Customer is a “Consumer” (i.e. a natural person acting for purposes not related to his or her business, commercial, craft or professional activities, as defined in Art. 3 of Legislative Decree No. 206/2005, the “Consumer Code”), he or she shall be entitled to the rights laid down in articles 49 and following of the Consumer Code (as amended by Legislative Decree No. 21 of 21/02/2014).

More specifically, pursuant to Art. 49 of the Consumer Code, the consumer is entitled to the pre-contractual information specified in paragraph 1, letters (a) to (v) and, among them, information on the right of withdrawal (letter h).

Pursuant to Art. 52, paragraph 1 of the Consumer Code, subject to the exceptions of Art. 59, the Consumer has a period of 14 (fourteen) days to withdraw from a remote contract (hereinafter the “Right of Withdrawal”) without having to give reasons and incur costs other than those provided for in Art. 56. 56. Withdrawal may relate to all (Total Withdrawal), or part (Partial Withdrawal), of the Products purchased by a Consumer.

Pursuant to Art. 52, paragraph 2 of the Consumer Code, the Right of Withdrawal may be exercised within 14 (fourteen) days:

from the day on which a Consumer, or a third party, other than the Carrier and designated by the Consumer, acquires physical possession of the Product(s) (hereinafter the “Withdrawal Period”);

in cases of multiple goods ordered by a Consumer in one order and delivered separately, 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 goods delivered;

in cases of the delivery of goods consisting of multiple batches or pieces, 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 batch or piece;

in cases of contracts with periodic delivery of goods during a certain period of time, 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 first goods.

The right of Withdrawal is exercised by sending – before the expiry of the Withdrawal Period – a notification (hereinafter the “Notice of Withdrawal”), by email to hello@tkgreendesign.it, or by fax to +39 0422 978922, or by postal service to Trevikart Srl, with registered office at 900.1, Via Castellana, Ospedaletto di Istrana (Treviso). 900.1

The exercise of the Right of Withdrawal terminates the obligations of the parties for which it is exercised. Following the proper exercise of a Right of Withdrawal, Trevikart Srl shall inform the Consumer by email of the Reference Number, which must be indicated by the Consumer when returning the Product(s) (hereinafter the “Return”).

The Return of the Product(s) shall follow within 14 (fourteen) days of the Notice of Withdrawal. The Consumer shall comply with the time limit after first shipping or delivering the Product(s) before the expiry of the aforementioned 14 days. The Consumer may return the Product(s) by going to Trevikart Srl at Ospedaletto di Istrana (Treviso), or by using a postal or carrier service with the costs and risks of transport borne by the Consumer.

The Product(s) must be returned packed in the original packaging, not damaged, with all accessories, instructions for use and documentation. The Product(s) must be:

accompanied by the transport document and sales invoice (contained in the original packaging) to enable Trevikart Srl to identify the customer (order number, first and last name, address, date of shipment);

without obvious signs of use, other than those compatible with normal testing of the article (they must not bear any traces of prolonged use, or in any case longer than the time required for a test run, and must not be in a state that would compromise resale);

Due to their particular nature, the Products of Trevikart Srl must have been placed and stored in suitable, dry places, not exposed to sunlight, water and other atmospheric events that may alter their physical and aesthetic characteristics, as per the technical data sheet included in the packaging and the instructions available on the Website.

If the Product does not comply with what is specified in this paragraph, the right of withdrawal shall not be effective.

If the Right of Withdrawal is properly exercised, Trevikart Srl shall refund the Consumer for the relative price, including the original delivery costs, with the exception of any additional costs arising from the choice of a type of delivery other than those usually offered by Trevikart Srl. The refund shall follow within 14 (fourteen) days of receipt of the notification of the Right of Withdrawal, without cost and with the same means of payment used by the Consumer for the initial transaction, unless expressly requested otherwise by the Consumer.

Pursuant to Art. 56 of the Consumer Code, Trevikart Srl reserves the right to withhold making a refund until it receives the Product(s), or until the Consumer has demonstrated that he or she has shipped the Product(s).

The Right of Withdrawal for remote contracts, pursuant to articles 52 to 58, is excluded for the cases specifically listed in Art. 59 of the Consumer Code, entitled Exceptions to the Right of Withdrawal, which is reproduced in full below.

1. The right of withdrawal provided for in articles 52 to 58 for remote and off-premises contracts is excluded in respect of the following:

(a) service contracts after full performance of the service if performance has begun with the consumer’s express agreement and with acceptance of the loss of the right of withdrawal following full performance of the contract by the service provider;

(b) the supply of goods or services the price of which is linked to fluctuations on financial markets that the trader is unable to control and that may occur during the withdrawal period;

(c) the supply of tailor-made or clearly customised goods;

(d) the supply of goods that are liable to deteriorate or expire rapidly;

(e) the supply of sealed goods that are not suitable for return for hygienic or health protection reasons and that have been opened after delivery;

(f) the supply of goods which, after delivery, are by their nature inseparably mixed with other goods;

(g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations in the market that cannot be controlled by the trader;

(h) contracts in which the consumer has specifically requested a visit by the trader for the purpose of carrying out urgent repair or maintenance work. I f, when making such a visit, the trader provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to those additional services or goods;

(i) the supply of sealed audio or video recordings or sealed computer software that have been opened after delivery;

(l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;

(m) contracts concluded at a public auction;

(n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;

(o) the supply of digital content by means of a non-material medium if performance has begun with the consumer’s express agreement and his or her acceptance that he or she would then lose their right of withdrawal.

(1) Article replaced by Art. 1, paragraph 1 of Legislative Decree No. 21 of 21 February 2014, with effect pursuant to Art. 2, paragraph 1 of Legislative Decree No. 21/2014. 21/2014 .