Terms and conditions of sale
Legal Area
General conditions of sale and use of the website
These general conditions of sale and use of the Website apply exclusively to products sold by Zero331 s.r.l. (or the “Seller”) through the www.trc2038.com website (hereinafter also referred to as the
“Website”).
Zero331 S.r.l. is a limited liability company with its registered office in Italy, in via Vittorio Veneto
82, 21015 Lonate Pozzolo (VA).
Digital domicile/PEC (certified email): zero331@pec.it
Italian REA number: VA - 390498
Tax code and Business Registration no: 03944770126
VAT number: 03944770126
Legal form: limited liability company
Share capital: €100,000 fully paid up.
Retail Customers may contact the Seller at any time to request information by sending an email to
Customer Service at the following address: customerservice@trc2038.com,
or by calling the following number: +39 0331 303035 – available Monday to Friday from 09:00 am
to 12:00 pm and from 2:00 pm to 4:00 pm (Italian time);
the telephone service will not be operational on the following days: 1 January, 6 January, 25 April, 1
May, 2 June, 15 August, 1 November, 8 December, 25 December, 26 December, and over the summer and winter closure periods of Zero331 s.r.l. as specified on the Website,
or
by post to the following address:
Zero331 s.r.l., via Vittorio Veneto 82, 21015 Lonate Pozzolo (VA) – Italy
Any consumer who accesses the Site (hereinafter also referred to as the "Customer") should carefully read the General Conditions made available on the Website before making any purchases.
The following sections can also be consulted for further legal information:
Privacy Policy and Right of Withdrawal.
Definitions
1. The term “online sales contract” means the sales contract relating to the Seller’s products,
agreed between the Seller and the Retail Customer as part of a distance selling system via
telematic tools, organised by the Seller.
2. The term “Customer” or “Consumer” means the consumer who makes the purchase, as referred to in this contract.
3. Subject of the contract
As per this contract, respectively, Zero331 s.r.l. sells and the Retail Customer purchases
remotely via telematic tools the tangible movable property indicated and offered for sale on
the www.trc2038.com Website (hereinafter the "Products").
1. General provisions
1.1. The purchase of products through the Website is only permitted to Customers over the age
of eighteen who have the legal capacity to enter into contracts and act as consumers.
1.2. “Consumers” means natural persons who interact with the “www.trc2038.com” Website
for purposes not related to any commercial, entrepreneurial, craft or professional activity
they may carry out.
1.3. Minors and/or non-consumers and/or those who do not have the legal capacity to enter
into contracts must therefore refrain from making purchases on this Website.
1.4. The present provisions apply to all Retail Customers, without distinction.
1.5. These General Conditions of Sale are governed by Italian law and in particular by the
Consumer Code (Legislative Decree No. 206/2005), and by Legislative Decree No.
70/2003 for certain aspects relating to electronic commerce, without prejudice to the application of the mandatory consumer-protection rules to Retail Customers in the country where they have their habitual residence.
1.6. 1.6 The offer and sale of the Products only concerns products to be delivered to Countries
in the Country List on the relevant page of the Website, accessible via the home page.
1.7. The Seller reserves the right to supply a maximum limit of Products, or types of products,
that can be purchased on the website.
1.8. The Seller reserves the right to not fulfil orders from non-consumers and/or persons under
the age of eighteen and/or without the legal capacity to enter into contracts and/or from
any Country not included in the destination Countries List, or in any case any order that
does not comply with its policies or commercial requirements.
1.9. The Website may contain links, banners or other hyperlinks to external websites. Zero331
s.r.l. does not exercise any control over these websites and is not responsible, nor can be
held responsible, for accessibility to third-party sites or to their contents. Any questions or
comments relating to the websites in question should be directed to their operators.
2.0 All products sold by Zero331 s.r.l. are supplied with tags.
2. Purchases on the website
2.1.To purchase Products, the Customer must select from the Website the products they intend to
purchase by adding them to the cart via the "add to cart" button, then proceed by completing and
submitting to the Seller the form containing the order proposal in electronic format (hereinafter the
"Order Form"), following all the instructions set out on the Website.
2.2 Customers may purchase Products using their personal account, if registered on the Site, or in
Guest mode. When purchasing in Guest mode, the Customer will have to provide personal data to
proceed with the order.
2.3. Before purchasing Products by submitting an order form, the Customer must carefully read these General Conditions of Sale and use of the website, the Privacy Policy, Cookie Policy and the Right of Withdrawal Policy; Once the Website purchase procedure has been completed, the Customers is advised to print them and keep a copy or save an electronic copy.
When submitting the order form, the Customer must declare that they have understood and approved the contents of the form, and that they have also accepted the Conditions of Use and Sale indicated on the Website. Failure to do so will mean the purchase cannot be completed.
2.4.The Customer may, at any time and in any case, even before entering into the contract, view
information relating to the Seller, the geographical address, telephone number and e-mail address.
This information can also be found below:
Office: Zero331 s.r.l., via Vittorio Veneto, 82, 21015 Lonate Pozzolo (VA) Tel. +39 0331 303035
from Monday to Friday from 09.00 am to 12.00 pm, and from 2.00 pm to 4.00 pm (Italian time)
the telephone service will not be operational on the following days: 1 January, 6 January, 1 April, 25
April, 1 May, 2 June, 15 August, 1 November, 8 December, 25 December, 26 December, and during
the summer and winter holidays (dates can be viewed on the Website).
Email : customerservice@trc2038.com
The languages available to users for entering into the contract are Italian and English. Customer
Service can communicate with users in the same languages.
2.5. The order submitted by the Customer amounts to a contractual purchase proposal that is binding for the Customer and involves complete knowledge and full acceptance of the General Conditions of Sale, use of the website and payment (as described below), as well as the Right of Withdrawal Policy, the Privacy Policy and the Cookie Policy, which they acknowledge to have read.
Submission of the order form carries the obligation on the part of the Customer to pay the price of
the Products they have ordered and the shipping costs, in addition to any customs charges/duties.
The form with the order proposal and the Customer data relating to the order proposal will be kept
by the Seller for the period of time provided for by current legislation, as described in the Privacy
Policy.
2.6. The purchase contract between Zero331 s.r.l. and the Retail Customer is entered into when the
order is accepted by Zero331 s.r.l. This acceptance will be communicated to the Customer via a
printable email that confirms the order and contains the order number. In accordance with the
provisions of Legislative Decree No. 206/2005 (“Consumer Code”), the Order Confirmation for the
end Consumer will contain a summary of the basic characteristics of the Products indicated in the
order proposal, the price, the payment methods, the expected date of delivery, information on delivery costs (including the amount of any customs charges/duties), the conditions and methods for exercising the right of withdrawal, an address to which complaints can be lodged, information on after-sales
services and existing commercial warranties, and the General Conditions of Sale.
2.7. In the absence of what is indicated in the previous point, the contract shall be deemed not to have been concluded and effective between the parties.
2.8. The Seller reserves the right not to accept purchase orders. This may be the case, for example, in the event of Product unavailability, or incomplete or incorrect orders which do not give sufficient
guarantees of solvency or which are contrary to the Seller's commercial policy and/or the Conditions
of Sale. In such cases, the Seller will promptly – and within 30 days from the date that the order is
submitted to the Seller – inform the Customer by e-mail that the contract has not been entered into
and that the Seller has not followed up on the purchase order. If the Customer has already submitted the order form and paid the price, the Seller will refund the amount paid.
2.9. After receipt of the Order Confirmation, the order can no longer be modified. However, the
Customer may exercise their right of withdrawal in the manner described below, in Article 8.
2.10. If the Customer is registered on the Website, they may, at any time, view the orders they have
placed by logging into their personal account and visiting the relevant section of the Website.
Customers who purchase goods as Guest Users may verify the orders they have placed via the order
confirmation emails sent by the Seller.
3. Indication of product prices
3.1. For each selected product, the Website displays an image of the product, the unit price, the colour and the sizes. The images are used solely for illustrative purposes, and the graphic representation of the products displayed on the Website may differ from reality. Zero331 s.r.l. cannot, therefore, be
considered responsible for any inadequate graphic representation of the products presented on the
Website.
3.2. Unless otherwise stated in writing, all product prices, shipping and delivery costs, and any
customs charges/import duties indicated on the Website and in the Order are in euros and are inclusive of all applicable taxes. The product prices do not include shipping or delivery charges and any customs charges/import duties. These will be clearly indicated at the start of the product purchase
process.
3.3. Only the prices indicated by the Website at the time of submission of the Order via the Internet
are held to be valid. Product prices may be subject to change without notice. The Customer must
ascertain the final sale price before submitting the relevant order proposal. In the event that an error
in the price of goods in the confirmed order is detected, the Seller will reject the order and offer the
Consumer the option of reconfirming their order at the correct price or cancelling it. If the Seller is
unable to contact the Consumer, it shall consider the relevant order cancelled.
3.4. All products are shipped from Italy. The prices of the Products and the shipping and delivery
costs indicated on the website and in the order shall, unless otherwise specified in writing, be
considered inclusive of any costs related to customs charges/import duties if shipping takes place in
non-EU countries or in countries where the current legislation provides for import charges. Customs
duties/charges cannot be foreseen in advance by the Seller and, in any case, are fully charged to the
Customer.
If the Product is delivered to a country within the European Union, the Product will not be subject to
any customs charges or import duties.
For further information, please contact the customs authority in the country you wish the Product to
be delivered to.
4. Guarantee for Retail Customers.
4.1. All products sold by the Seller to Customers are covered by the two-year legal guarantee for lack of conformity, in accordance with the provisions of Italian law. “Consumers” means natural persons of 18 years and over who interact with the “www.trc2038.com” Website for purposes not related to
any commercial, entrepreneurial, craft or professional activity they may carry out.
4.2. The product’s lack of conformity must be communicated to the Seller within two (2) months of
its discovery. The lack of conformity can be communicated to the Seller by contacting Customer
Service. The Customer may choose to ask the Seller to repair the goods or replace them, without
charge in both cases, unless the remedy requested is objectively impossible or excessively onerous, in which case the Customer will be entitled to a reduction in the price paid or the termination of the
sales contract, pursuant to Article 130 of the Consumer Code.
6. Payments
6.1. Payment methods
Details of the payment methods accepted are highlighted during the purchase process.
All payments are handled independently by third-party services. Therefore, this Website does not
collect payment-related data such as credit card numbers, issue or expiration dates, security codes
and passwords. Instead, it only receives a notification once the payment has been successful.
6.2. Payment for Products purchased on the Website may be made:
• by credit card, using one of the credit cards accepted by the Seller;
• by using the PayPal payment solution;
If one or more of the payment methods listed above cannot be used, including in relation to a specific Product or type of Product, this will be indicated on the Website at the beginning of the purchase process or, at the latest, before the user concludes the purchase and places the order. In any case, the user will not be able to select the unavailable payment method(s) during the purchase process.
6.3. Zero331 s.r.l. uses the secure payment service of Shopify Payments. Confidential credit card data (card number, issue and expiration date, security code) or PayPal account data (email address and password) are encrypted and sent directly to the payment processor without passing through the
servers of Zero331 s.r.l., which therefore does not have access to and does not store such data.
6.4. If the Customer purchases products on the Website and opts to pay via PayPal, they will be
redirected to www.paypal.it, where they will authorise PayPal to proceed with payment at the request of Zero331 s.r.l. according to the procedure set out and governed by PayPal and the contractual terms and conditions agreed between the Customer and PayPal. Data entered on the PayPal website will be processed directly by PayPal and will not be sent to or shared with Zero331 s.r.l., which therefore cannot view or store in any way the data of the Customer’s card or any other payment instrument connected with PayPal. Under no circumstances shall Zero331 S.r.l. be held liable for any damage
resulting from the use of the services offered by PayPal.
6.5. If the payment is not successful, the order will be considered revoked and no product will be
delivered to the selected address. In such cases, the Seller will forward an email communication about the incident.
6.6. The means of payment can be found on the Website. The payment methods are also indicated on each purchase order and form an integral part of the General Conditions of Sale.
6.7.The price of the Products and the delivery costs (including any customs charges/duties) indicated in the order form will be charged upon receipt of the purchase order by the Customer. Such advance payment will not compromise the Customer's legal rights indicated in these conditions of sale.
7. Shipment and delivery of products
7.1. Delivery times indicated on the Site are approximate and refer only to working days, with the
express exclusion of non-working days.
7.2. The Products will be delivered on working days by the courier selected by the Seller (hereinafter
"Courier") to the address provided in the Order Form. The delivery costs (including any customs
charges/duties) will be shown separately on the order form. The Seller is not responsible for unforeseeable delays and/or delays attributable exclusively to the Courier. Upon receipt of the goods
at the address indicated by the Customer, the Customer must verify that the packaging (including
sealing materials) is intact, and not damaged, wet or otherwise altered. In case of parcel issues, the
Customer must bring such issues to the attention of the courier and ensure they are precisely noted,
rejecting the parcel(s) or accepting them subject to reservation. Failure to do will invalidate the
Customer’s option to assert their rights in this regard.
7.3. Orders placed from a section of the Website relating to a country other than the destination
country, or to an address not accepted by the Seller's courier, will be rejected.
8. Right of withdrawal
8.1.The Retail Customer (meaning any natural person interacting with the Website for purposes
unrelated to any business or professional activity they may carry out) has the option of withdrawing
from their order without the payment of any penalty and without giving any reason within fourteen
(14) calendar days from the day of receipt of the Product(s) ordered; the date on the carrier's receipt
shall be used to establish the day of receipt.
Customers who wish to exercise their right of withdrawal must notify the Seller in one of the
following ways:
a) by fully completing the withdrawal form attached and submitting it online to the Seller, who will
send the Customer an email confirming receipt of the declaration of withdrawal;
or
b) by fully completing the withdrawal form attached and sending it to the Seller by post, conforming
to the standard form referred to in Art. 49(4) of the Consumer Code to the following address:
Zero331 S.r.l.
via Vittorio Veneto 82
21015 Lonate Pozzolo (VA).
Italy
or
c) by sending to the Seller, by email or certified email or via the postal service, a declaration on plain
paper clearly stating the intention to withdraw. This declaration must include information on the items and quantities returned, as well as the name, surname, postal address and order number, as well as – if possible – the telephone number and email address of the Customer and be sent to the following
postal address:
Zero331 S.r.l.
via Vittorio Veneto 82
21015 Lonate Pozzolo (VA).
Italy
8.2. The Customer will be responsible for proving they have exercised their right of withdrawal in a
correct and timely manner.
8.3. To return one or more Products, the Retail Customer must send the Product back to the Seller at
the following address within 14 calendar days of notifying the Seller:
Zero331 S.r.l.
via Vittorio Veneto 82
21015 Lonate Pozzolo (VA).
Italy
this should be accompanied by the list of products indicated in the email from the Seller indicating
shipment of the products.
8.4. Each product must be returned intact, with the original packaging or, in any case, with appropriate packaging for transport. In the event that the product has lost value due to handling that is not strictly necessary to verify the nature, characteristics and size of the product, the Seller reserves the right to refuse to refund the product. Tags and labels must still be attached to the Product.
8.5. The costs of returning the Products following withdrawal will be borne exclusively by the Retail
Customer.
Packages sent at the expense of the Seller (the recipient) will not be accepted.
If the right of withdrawal is exercised, the Seller will not be liable for the transport costs (or any
customs charges/duties) for the return or for any loss or damage to the Products attributable to third
parties. Any risk connected with the return of the Products will be borne exclusively by the Retail
Customer.
8.6. The right of withdrawal is subject to the following conditions:
a. the right of withdrawal must be exercised within 14 days of receipt of the products;
b. the returned products must be delivered to the courier for return to the Seller within 14 calendar
days from the date when the Retail Customer notified the Seller of their decision to exercise the
right of withdrawal from the contract;
c. all original labels and tags must still be attached to the products;
d. the returned products must not have been washed or used and must not bear any signs of use or
dirt; they may have been handled and inspected, but only to establish their nature, characteristics and size. With regard to footwear, the sole must be perfectly intact;
e. products must be returned in their original packaging or in appropriate packaging for transport;
f. products belonging to a single order must be returned at the same time and in the same shipment.
g. products must not have been damaged.
Pursuant to Art. 59 of the Consumer Code, the right of withdrawal does not apply when the Customer has purchased custom-made or personalised products such as – by way of example and not limited to – products featuring printed or embroidered phrases, numbers or figures requested by the Customer, where such a service is expressly provided. In addition, the right of withdrawal does not apply to products made on the basis of specific indications provided by the Customer on the Website.
8.7. The Seller will carry out the necessary checks in order to verify that the returned products
conform to the conditions and terms indicated above in points 8.1, 8.2, 8.3, 8.4, 8.5 and 8.6.
8.8. If the Seller's verifications do not detect any issues, the sums paid by the consumer will be
refunded in the same currency in which the purchase was made in the shortest possible time and, in
any event, within fourteen (14) days from the date when the Seller receives the products returned by
the Customer or from the time when the Customer provides proof of having returned the products
intact (whichever occurs first), thereby activating the refund procedure, subject to verification that
the conditions set out in articles 8.1, 8.2, 8.3, 8.4, 8.5 and 8.6 above have been fulfilled. The refund
will be made by the Seller via the same methods of payment used by the Customer for the initial
transaction.
8.9. After the Seller has received the return and checked that all requirements have been complied
with, the Customer will receive an email that confirms acceptance or non-acceptance of the return,
or, if the returned products are found to have decreased in value, the Customer will receive an e-mail
in which they will be notified of the amount subtracted from the refund. The Customer, by replying
within 20 days to the Seller’s email notifying them of either the non-acceptance of the return or the
amount subtracted from the refund, may choose, at their sole expense, to have the products returned in the condition in which they returned them to the Seller. Otherwise, in the event of non-acceptance of the return, the Seller will retain the products in addition to the amount already paid by the Customer for the purchase. In the event of a decrease in value of the returned products, the Seller will retain the products and the amount corresponding to the percentage deducted from the refund.
8.10. The Seller will credit the same form of payment used by the Customer for the initial
transaction.
If the recipient of the products indicated in the order proposal and the person who made the payment of the sums due for their purchase differ, where the right of withdrawal is exercised, the Seller will refund the sums, in any case, to the person who made the payment.
9. Privacy
9.1. The Customer may obtain information on how the Seller processes their personal data by viewing the Privacy Policy.
9.2. For any other information on the Seller’s Privacy Policy, the Customer may call Customer
Service on +39 0331 303035 or send requests via email to customerservice@trc2038.com or via post to the address of the registered office of the Seller’s operational headquarters.
11 Applicable law, dispute resolution and competent court
11.1. Without prejudice to the mandatory rules for the protection of the consumer in the country in
which they are habitually resident applying to Retail Customers who are not resident in Italy, the
General Conditions of Sale are governed by Italian law and in particular, for Retail Customers, by
the Consumer Code and Legislative Decree No. 70/2003 of 9 April 2003 (“Implementation of
Directive 2000/31/EC on certain legal aspects of information society services in the internal market,
with particular reference to electronic commerce”).
11.2. If any of the conditions contained in the General Conditions of Sale are deemed invalid, void,
or for any reason inapplicable, the condition in question shall be deemed separable and shall not affect the validity and applicability of the other conditions.
11.3. The Seller also informs its Retail Customers that, in order to resolve any dispute arising from
an online sales contract out of court, and without prejudice to the consumer's right to avail themselves of the protections of the legal system, they can lodge an online complaint with the European Online Dispute Resolution (ODR) platform referred to at http://ec.europa.eu/consumers/odr/, in
accordance with the provisions of Legislative Decree No. 130 of 6 August 2015 and Regulation (EU)
No. 524/2013 of the European Parliament and Council of 21 May 2013 relating to online dispute
resolution for consumers.
11.4. Disputes arising from the interpretation, validity and/or execution of these General Conditions
of Sale shall be referred to the competence of the court of the place of residence or domicile of the
Retail Customer, or, at its option, to the Court of Busto Arsizio.
12. Modification and updating
12.1. Without prejudice to the provisions of Art. 49(5) of the Consumer Code, Zero331 s.r.l. may
make changes or amendments to these General Conditions of Sale at any time, including in
consideration of any regulatory changes. Therefore, the Customer will be required to accept only the
General Conditions of Sale in force at the time of purchase. The new General Conditions of Sale
will be effective from the date of publication on the www.trc2038.com website and in relation to
purchase orders submitted after that date.
13. Contact and support
13.1. For further information and support with the Website or on how to purchase online and for after-sales assistance, the Customer may contact the Seller using the following details:
Address: Zero331 S.r.l.
via Vittorio Veneto 82
21015 Lonate Pozzolo (VA).
Italy
Email: customerservice@trc2038.com
Telephone: +39 0331 303035 , available from Monday to Friday from 9.00 am to 12.00 pm and
from 2.00 to 4.00 pm (Italian time);
the telephone service will not be operational on the following days: 1 January, 6 January, 25 April, 1
May, 2 June, 15 August, 1 November, 8 December, 25 December, 26 December, and over the summer and winter closure periods of Zero331 s.r.l. which the Customer can check on the website.
14. Complaints
14.1. For complaints, the Customer may contact the Seller using the following details:
Address: Zero331 S.r.l.
via Vittorio Veneto 82
21015 Lonate Pozzolo (VA).
Italy
E-mail: customerservice@trc2038.com
Telephone: +39 0331 303035 , available from Monday to Friday from 9.00 am to 12.00 pm and
from 2.00 to 4.00 pm (Italian time);
the telephone service will not be operational on the following days: 1 January, 6 January, 25 April, 1
May, 2 June, 15 August, 1 November, 8 December, 25 December, 26 December, and over the summer and winter closure periods of Zero331 s.r.l. which the Customer can check on the website.