Terms of service

ART. 1 PREMISES

These general terms and conditions of sale apply to all purchases of products bearing the “Tradestone Srl” brand (hereinafter the “Products”) made via the e-commerce website https://www.unicomilano.com (hereinafter the “Website”) by users classified as “consumers” pursuant to Article 2, meaning natural persons acting for purposes unrelated to any business, commercial, craft or professional activity that they may carry out.

The Website, owned by Tradestone Srl, an Italian company with registered office in Via Nino Bixio 31 – 20129 (MI), VAT number and registration with the Companies Register P.IVA 12153290155 and REA PS - 1533219 (the “Owner”), is managed – including payment collection and invoicing – by Glint Company S.r.l., with registered office in Viale Cassala 30, 20143, Milan, Italy, tax code and VAT number 11198260967, registered with the Milan Companies Register under number 02912880966 (“Glint”).

Purchases of Products made via the Website will have as parties (collectively, the “Parties”): Tradestone Srl, as seller (the “Seller”), and the purchasing consumer who buys one or more products for purposes not related to his/her commercial, entrepreneurial, craft or professional activity.

Tradestone Srl retains ownership of all rights over the Website’s domain name, logos, registered trademarks for the products presented on the Website, and ownership of the copyright in relation to the Website and its contents.

Any communication from the Consumer relating to the purchase of the Products – including any reports, complaints, requests regarding the purchase and/or delivery of the Products, the exercise of the right of withdrawal, etc. – must be sent to the Manager, at the address and in the manner indicated on the Website or by e-mail to support@unicomilano.com.

Each purchase is subject to these general terms and conditions of sale in the version that is published on the Website at the time the Consumer submits the order.

The Website is intended exclusively for use by consumers. Under no circumstances may subjects who do not qualify as such purchase products on the Website. The Seller shall have the right to refuse orders which, at its sole discretion, it considers to have been placed by subjects not classified as consumers.

Should one or more sales nevertheless be made to a non-qualifying Consumer, these general terms and conditions of sale shall apply, but, by way of derogation from them:

a) the purchaser shall not have a right of withdrawal pursuant to Article 10;

b) the purchaser shall not be entitled to the warranties on the products listed in Article 8 nor to any other legal warranty;

c) the purchaser shall not be granted any other consumer warranties provided for by the applicable consumer protection legislation.

Art. 2 DEFINITIONS

Electronic commerce contract: a contract of sale or for services under which the Seller, or its intermediary, offers goods or services by means of a website or other electronic means, and the Buyer (consumer) places the order for such goods or services on that website or by other electronic means organized by the Seller.

Sales contract: any contract under which the Seller transfers, or undertakes to transfer, the ownership of goods to the Buyer and the latter pays, or undertakes to pay, the price.

Service contract: any contract, other than a sales contract, under which the Seller provides, or undertakes to provide, a service to the Buyer and the latter pays, or undertakes to pay, the price.

Consumer Code: the body of rules for the protection of the consumer laid down by Legislative Decree no. 206 of 6 September 2005, as last amended (hereinafter, for the sake of brevity, the “Consumer Code”).

Buyer: the expression Buyer means the consumer or user, i.e. a natural person acting for purposes unrelated to his/her business, commercial, craft or professional activity (Art. 3, letter a, Consumer Code).

Seller: the expression Seller means the natural or legal person acting in the exercise of his/her business, commercial, craft or professional activity, or an intermediary thereof (Art. 3, letter c, Consumer Code).

Producer: Producer means the manufacturer of the finished good or of one of its components (Art. 115, paragraph 2-bis, Consumer Code).

Conformity to the Contract: goods are in Conformity with the Contract where, if relevant, the following circumstances coexist:
i) they are suitable for the use for which goods of the same type are normally used;
ii) they conform to the description given and possess the qualities of the good presented as a sample or model;
iii) they present the quality and performance usual in a good of the same type, which the Buyer can reasonably expect, taking into account the nature of the good and, where appropriate, the public statements made about the specific characteristics of the goods by the seller, producer or his/her agent or representative, particularly in advertising or on labelling;
iv) they are also suitable for any particular use intended by the Buyer and made known to the Seller at the time of conclusion of the Contract and which the Seller has accepted, also by conduct (Art. 129, paragraph 2, Consumer Code).

Defective good: a good is defective when it does not provide the safety which a person is entitled to expect, taking all circumstances into account, including:
a) the manner in which the good has been put into circulation, its presentation, its obvious characteristics, the instructions and warnings provided;
b) the use to which the good could reasonably be put and the behaviour which, in relation to it, could reasonably be expected;
c) the time when the good was put into circulation.
A good cannot be considered defective for the sole reason that a more advanced version has been put on the market at any time.

3. SALE OF GOODS PROMOTED ONLINE

3.1 Under the Contract, the Seller sells to the Buyer, who purchases by means of telematic tools, the goods offered on the Website.

3.2 The Website www.unicomilano.com presents the catalogue of goods and/or services promoted online by the Seller. Such goods are represented on the Website in an accurate manner.

3.3 The Seller is not able to guarantee an exact and precise correspondence between the actual characteristics of the goods promoted online and their representation on the Buyer’s monitor. In the event of discrepancies between the image of the goods visible online and the related written information sheet, only the latter shall prevail.

4. UPDATING OF THE ONLINE CATALOGUE – AVAILABILITY OF GOODS

4.1 The Seller ensures, through its IT system, the processing and fulfilment of the order without delay, in accordance with the procedures set out in Art. 5 of these general terms and conditions of online sale. The Seller’s electronic catalogue indicates, in real time, the goods that are available and those that are not, as well as the timeframes envisaged for their shipment. The Seller shall confirm as soon as possible that the order has been registered, by sending the Buyer a specific confirmation (the so-called Order Receipt) by e-mail.

4.2 Should an order exceed the stock available in the warehouse, or for any other reason the good is unavailable, it shall be the Seller’s responsibility to promptly inform the Buyer of the unavailability of the good in question and, if possible, of the waiting time to obtain it, requesting confirmation of the order again according to the different timeframes indicated by the Seller. Such communication shall take place by e-mail or by telephone.

5. DESCRIPTION OF THE TECHNICAL STEPS REQUIRED TO CONCLUDE THE CONTRACT

5.1 The Contract between Seller and Buyer shall be concluded exclusively online. Once access to the e-Shop has been made, the Buyer must follow the procedures/instructions indicated therein in order to formalise the purchase of the goods and/or services by filling in the forms prepared by the Seller. If intending to purchase online, the Buyer must duly select the desired goods and/or services, one at a time, placing them in the cart set up by the Seller. Once the desired goods and/or services have been selected, the Buyer will be asked to proceed to checkout by sending the Seller the list of the selected items. Before sending, a page will be displayed for the Buyer to confirm the purchase order for the selected goods and/or services, indicating the related prices, as well as the options available to the Buyer, who shall be responsible for choosing the methods of delivery (delivery to the upper floor is not included), transport and payment for the performance of the contract. By confirming the order, the Buyer undertakes to check and validate, prior to sending it, his/her personal data, the goods/services forming the subject matter of the Contract, their prices, including any shipping costs and/or additional charges, confirming the chosen methods and terms of payment, the delivery address (delivery to the upper floor is not included), and any other required data. The order confirmation form shall inform the Buyer in advance about the performance time of the Contract, drawing attention to the right of withdrawal, as well as to the other rights granted by law to the Buyer. After performing the required checks, the Buyer shall finally select the interactive button located at the bottom of the web page by clicking on the box “Confirm the purchase order with obligation to pay”, thereby submitting the order to the Seller.

5.2 The online publication of the goods and/or services on the Website constitutes a mere invitation to treat so that the Buyer may submit his/her purchase offer; in this sense, the Buyer’s order, previously confirmed by the latter, constitutes only a contractual proposal subject to these general terms and conditions of online sale, which the Buyer hereby declares to know and accept. The order confirmation – duly completed and checked as per the instructions – shall be acknowledged by the Seller with a receipt sent to the Buyer’s e-mail address solely for the purpose of confirming its receipt in the Seller’s IT system, which shall thus start processing the order by checking the data provided by the Buyer as well as the availability of the requested goods. The Seller’s receipt does not constitute acceptance of the purchase offer. This receipt – including the “Order Number” to be used in any communication with the Seller – restates, in addition to the information required by law, all of the above data, which the Buyer shall check again, promptly notifying the Seller of any necessary corrections. Should any incorrect indication of prices or other characteristics of the goods and/or services promoted online be found, or should the requested goods be unavailable, the Seller shall promptly inform the Buyer, inviting him/her – if still interested – to correct the order or, after cancellation of the previous one, to place a new order, in accordance with the procedures that will be promptly communicated.

5.3 The Seller shall be entitled to accept or reject the order submitted by the Buyer, and the latter shall not be entitled to assert any rights and/or claims whatsoever, on any grounds, including compensation, as a result of the non-acceptance of the order. The Contract shall be concluded only when a separate e-mail (or message in the communication centre on the Website or similar) is sent accepting the purchase proposal, which shall also contain information regarding shipment and the expected delivery date (Shipping Confirmation). Should the order be fulfilled by several shipments, the Buyer may receive separate Shipping Confirmations. The Buyer may in any event cancel his/her order before receiving the Shipping Confirmation, provided that the order has not yet been prepared for the shipping process. In this case no costs shall be charged. The right of withdrawal remains unaffected, under the terms and conditions set out in Article 10 below.

5.4 The charge of the amount due shall take place only when the goods forming the subject of the order are shipped. Once payment for the requested goods/services has been received, the Seller shall issue the related tax document.

5.5 The Contract shall not be concluded and shall be deemed to have no effect if the procedure set out in this Article is not duly complied with.

5.6 For any error, typo or problem in completing the online forms and, more generally, in performing the purchase procedures prepared by the Seller, the Buyer is invited to contact, without delay, the following telephone/e-mail contacts: support@unicomilano.com.

6. PAYMENT OF THE PRICE, TAXES AND ANY ADDITIONAL CHARGES

6.1 The Buyer undertakes to pay the price requested for the goods purchased online, in accordance with the times and methods indicated on the Website.

6.2 The prices of the goods promoted on the Website, as well as any other charge/expense relating to the invitation to treat, are expressed in Euro.

6.3 The prices are inclusive of VAT and any other tax. Shipping costs, as well as any additional charges, such as customs clearance, where applicable, although not included in the sale price, shall be indicated and calculated by the Seller during the purchase procedure, before the order confirmation is sent, and shall be specifically stated in the order summary (order receipt).

7. METHODS, TIMING AND SECURITY OF PAYMENTS AND ANY REFUNDS

7.1 Payment for the goods/services purchased online shall be made by the method chosen by the Buyer from among those expressly allowed by the Seller and specifically indicated in the section of the Website https://www.unicomilano.com/pages/domande-frequenti. The use of the aforementioned payment methods does not entail any additional cost for the Buyer, without prejudice to any costs borne by the Seller, duly evidenced and communicated to the Buyer.

7.2 Any refund to the Buyer shall be credited using one of the methods proposed by the Seller and chosen by the Buyer and, in the event of withdrawal, within a maximum of 14 (fourteen) days from when the Seller has received formal notice of the withdrawal. However, the Seller may postpone the refund until receipt of the good or, in any event, until the Buyer has provided adequate proof of having returned it.

7.3 All communications relating to payments shall be made on a dedicated encrypted line, which ensures that such information is stored with a high level of security and in compliance with the applicable legislation on the protection of personal data.

8. METHODS AND TIMES OF DELIVERY

8.1 The Seller shall deliver the ordered goods, without unjustified delay and, in any event, no later than 30 (thirty) days from the date of conclusion of the Contract, by the methods indicated on the Website or, failing that, chosen by the Buyer. (Delivery to the upper floor is not included.)

8.2 Should the Seller be unable to ship the goods within the time limit referred to in the previous paragraph, he/she shall promptly notify the Buyer by e-mail or telephone, using the contacts provided by the latter during the online registration and order submission process.

9. METHODS OF STORAGE/ARCHIVING OF CONTRACTUAL DOCUMENTS

9.1 Pursuant to Art. 12 of Legislative Decree 70/2003 and Arts. 50–51 of the Consumer Code, the Buyer is informed that each of his/her orders sent online shall be stored and archived in digital and/or paper format at the Seller’s premises, in accordance with appropriate confidentiality and security criteria.

10. TERMS AND METHODS FOR EXERCISING THE RIGHT OF WITHDRAWAL

10.1 The Buyer has the right to withdraw from the Contract, without penalty and without having to give any reason, within 14 (fourteen) calendar days from the day on which the Buyer has acquired physical possession of the good.

10.2 The right of withdrawal shall be exercised by means of communication to the Seller by registered letter with return receipt, sent to the address Via Romagna, no. 23, 62010 Morrovalle (MC).

10.3 The return of the good by the Buyer must take place without undue delay and, in any case, within 14 (fourteen) days from the date on which the notice of withdrawal was sent to the Seller. The Buyer shall only bear the direct costs of returning the good to the Seller. The adoption of all possible precautions when shipping the good is required, using the original packaging and wrapping or, in any case, equivalent packaging that preserves its integrity and adequately protects it during transport. The return of the good following the exercise of the right of withdrawal shall be made to the following address: Via Romagna 23, 62010, Morrovalle (MC).

10.4 The Seller shall refund the price of the good in respect of which the right of withdrawal has been exercised within 14 (fourteen) days from receipt of the withdrawal notice from the Buyer. As a rule, the Seller shall use the same means of payment chosen by the Buyer for the initial transaction, unless the Buyer has expressly agreed otherwise; in that case, any additional costs resulting from the different means of payment shall be borne exclusively by the Buyer. The Seller shall be entitled to withhold the refund until receipt of the good or until the Buyer has provided proof of having returned it.

10.5 If the returned good is damaged or shows signs of wear resulting from use not strictly necessary to establish its nature and characteristics, the Seller shall deduct from the refund an amount corresponding to the reduction in its value. Therefore, if the returned good is damaged (for example, with abrasions, scratches or other deformations, etc.) or is not complete with all its elements or accessories (including labels, tags, etc.), is not accompanied by the instructions/notes/manuals, packaging and/or original wrappings (or, in any case, suitable ones), or by the related warranty certificates (where present), the Buyer shall be liable for the decrease in the value of the good and shall only be entitled to a refund equal to the residual value of the good.

10.6 Once the Seller has received the communication whereby the Buyer expresses his/her intention to exercise the right of withdrawal, all obligations arising from the Contract shall cease, without prejudice to the provisions of this Article.

11. WARRANTY OF CONFORMITY, NOTICE AND ACTIVATION OF REMEDIES; OTHER POSSIBLE WARRANTIES

11.1 The Buyer is guaranteed that the goods will be in Conformity with the Contract for a period of two years from delivery. Unless proven otherwise, any lack of conformity which becomes apparent within 6 (six) months from the date of delivery of the good shall be presumed to have existed at that date, unless this is incompatible with the nature of the good or with the nature of the lack of conformity.

11.2 In the event of a lack of Conformity of the goods with the Contract, the Buyer may request, at no expense, that the purchased good be repaired or replaced, or a price reduction, or the termination of the Contract, unless the request is objectively impossible to satisfy or is excessively burdensome for the Seller pursuant to Art. 130, paragraph 4, of the Consumer Code. If repair or replacement are impossible or excessively burdensome, or if the Seller has not carried out the repair or replacement within the agreed term or, finally, if the previously carried out repair or replacement has caused significant inconvenience to the Buyer, the latter may request, at his/her choice, a price reduction or termination of the Contract.

11.3 The Buyer shall forfeit any rights connected with the Conformity of the goods with the Contract if he/she does not report the alleged lack of conformity to the Seller within 2 (two) months from the date on which he/she discovered it. This term shall not apply if the Seller has expressly acknowledged the defect or has concealed it fraudulently. In any case, the notice must specify the lack of conformity detected and include at least one photograph of the good in question, together with the Seller’s tax receipt proving the purchase.

11.4 The Buyer shall send the notice and any related requests to one of the following addresses:
i) Via Romagna 23, 62010, Morrovalle (MC), for communications by registered letter with return receipt;
ii) by certified e-mail (PEC) to the following certified address: tradestone_international@legalmail.it, or by ordinary e-mail to support@unicomilano.com.
Once the notice/request and related documentation have been received, the Seller shall assess the lack of conformity reported by the Buyer and, after carrying out the necessary checks, shall authorise or refuse the return of the good, providing the Buyer with a “Return Code”, which will be sent by e-mail to the address provided at the time of order submission. Authorisation to return the good shall not in itself constitute acknowledgement of the lack of conformity. The good – for which the Seller has authorised the return – must be sent back to the expressly indicated address, together with a copy of the authorisation to return bearing the “Return Code” and in full compliance with the precautions set out in Art. 10.3.

11.5 If the Seller is obliged to refund the Buyer, in whole or in part, the price paid, the refund shall be made, where possible, using the same means of payment used by the Buyer at the time of purchase of the good or, alternatively, by bank transfer. It shall be the Buyer’s responsibility to provide the Seller, already in the notice/request, with the bank details required to make the transfer in his/her favour and to enable the Seller to return the amount due.

12. NON-ATTRIBUTABLE BREACHES – UNAUTHORISED PAYMENTS

12.1 The Seller shall not be liable for any failure or delay in the performance of the Contract where this is due to disruptions caused by force majeure, unforeseeable circumstances or events not attributable to the Seller.

12.2 The Seller shall not be liable for any fraudulent, unlawful or improper use of credit cards, cheques or other means of payment attributable to fraudulent or negligent conduct, even in the form of slight negligence, of the Buyer in connection with his/her obligations of custody and prompt notification to the issuer of said means of payment.

13. Defective products, compensable damage and related burden of proof

13.1 The Producer is liable for damage caused by defects of the goods promoted/sold via the Website. Pursuant to Art. 116 of the Consumer Code, the Seller shall be liable for damage caused by a defect in the sold good if he/she fails to communicate to the injured party, within three months of the request referred to in the following third paragraph, the identity and domicile of the Producer or of the intermediary who supplied the good in question.

13.2 The injured party may claim compensation for damage caused by death or personal injury, or by destruction or deterioration of an item other than the defective good, provided that such item is normally intended for private use or consumption and has been used as such by the injured party. In the latter case, pursuant to Art. 123 of the Consumer Code, damage to an item other than the defective good shall be compensable only to the extent that it exceeds the sum of €387.00 (three hundred and eighty-seven euros). In any event, it shall be for the injured party to prove the defect, the damage and the causal link between the defect and the damage suffered.

13.3 The claim for damages, which must be made exclusively in writing, shall specify the good that caused the damage and indicate the date and place of purchase. Furthermore, if still existing, it shall be the injured party’s responsibility to make the good in question available for inspection, in accordance with the instructions given by the Producer or the Seller, or by third parties designated by them.

13.4 Compensation shall be excluded if the injured party, being aware of the defect in the good and of the related risks, has nevertheless voluntarily exposed himself/herself to it. In the event of contributory negligence on the part of the injured party – who, by exercising ordinary diligence, could have avoided the damage – the compensation requested shall be excluded or reduced in proportion to the seriousness of the fault attributable to the victim.

13.5 Any liability for consequences deriving from a defective good shall be excluded where the defect is attributable to the compliance of the good with a mandatory legal provision or other binding measure, or where the state of scientific and technical knowledge at the time the good was put into circulation did not yet make it possible to consider it defective.

14. SPECIFIC CASES OF AUTOMATIC TERMINATION OF THE CONTRACT

14.1 Timely payment for the goods purchased online, pursuant to Art. 6.1 of these general terms and conditions of online sale, as well as payment of any further charge and/or commitment referred to in Art. 6.3, shall be deemed essential obligations under the Contract.

14.2 Unless justified by force majeure or unforeseeable circumstances, failure to comply with the aforesaid obligations shall result in automatic termination of the Contract pursuant to Art. 1456 of the Italian Civil Code.

15. PROCESSING OF THE BUYER’S PERSONAL DATA – REFERENCE TO SPECIFIC NOTICES

15.1 The Seller protects the Buyer’s personal data, ensuring that their processing is fully compliant with the applicable legislation and, specifically, with Regulation (EU) 679/2016 as well as the relevant national provisions (Privacy Code, as last amended by Legislative Decree 101/2018).

15.2 For details, reference is made to the Privacy Policy and Cookies Policy available on the Website; the user is hereby informed that the personal data provided by the user and acquired while browsing the Website shall be collected and processed electronically/IT-based and, where appropriate, in paper form, for the following main purposes:
i) registering the order;
ii) execution of the Contract and related communications;
iii) fulfilment of legal obligations;
iv) managing business relations in order to better provide the requested services.

16. CONTACT DETAILS OF THE SELLER AND BUYER

16.1 Official communications addressed to the Seller, as well as any complaints from the Buyer, shall be valid only if sent by registered letter with return receipt to Via Romagna 23, 62010, Morrovalle (MC), or sent by e-mail to the following address: support@unicomilano.com, or to the following certified e-mail address (PEC): tradestone_international@legalmail.it.

16.2 When registering on the Website or in the order confirmation form, the Buyer shall indicate his/her residence or domicile, the relevant telephone contacts and the e-mail address to which communications from the Seller shall be sent.

17. AVAILABLE LANGUAGES AND CROSS-BORDER ACCESSIBILITY OF THE WEBSITE

17.1 The Website and related services are available in Italian.

17.2 These general terms and conditions of online sale are available in Italian. If translated into other languages, the only binding version shall be the Italian one.

17.3 Accessible from computers, tablets, smartphones or other devices, wherever located, the Website promotes goods and/or services intended primarily for the national market. Orders originating from third countries, unless otherwise specified below, shall be accepted and fulfilled as agreed. In such a case, unless otherwise agreed, delivery shall take place at the Seller’s/Manager’s premises. The Seller/Manager reserves the right, however, to suspend/cease, with short notice and without any penalty, all activities of promotion, marketing, sale and supply of goods and/or services via the Website where legal/tax/customs or, in any case, objective obstacles (and not solely subjective ones related to the User’s geolocation) prevent receipt of orders and/or performance of the Contract with Users resident or domiciled in third countries.

1. ONLINE OUT-OF-COURT DISPUTE RESOLUTION

18.1 As provided by Regulation (EU) 524/2013, the Buyer is informed of the possibility of referring the resolution of any dispute with the Seller – concerning the offer and purchase of goods and/or services promoted online – to bodies/companies/offices active in alternative dispute resolution (ADR) by means of simple, quick and inexpensive web-based procedures (so-called ODR – Online Dispute Resolution).

18.2 For all information on the aforementioned ODR procedures, please visit the following website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

GIUDICE COMPETENTE E LEGGE APPLICABILE AL CONTRATTO
(COMPETENT COURT AND APPLICABLE LAW TO THE CONTRACT)

19.1 Any dispute between Seller and Buyer relating to the Contract and its performance shall be governed by Italian law and decided, unless otherwise provided, by the courts of the consumer’s domicile. The Buyer shall in any case be guaranteed the rights granted by the mandatory consumer protection rules in force in his/her country of residence and/or domicile.

19.2 As to the rules on jurisdiction and applicable law, reference is made to Art. 66-bis of the Consumer Code, Art. 18 of Regulation (EU) 1215/2012, Art. 6 of Regulation (EU) 593/2008 and, finally, Arts. 3 and 57 of Law no. 218/1995.