Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE

Premise

This information is provided for the website “www.metodotirs.com” (Site) owned by Tirs s.r.l., with registered office at Strada Padana Sup. verso VR, 133 36100 - Vicenza, VAT number 04268180249.

Art. 1. Scope of Application

1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (Articles 45 and following) of Legislative Decree No. 206 of September 6, 2005 (Consumer Code) and by Legislative Decree No. 70 of April 9, 2003, which regulates electronic commerce.

1.2 The General Terms and Conditions of Sale apply to all sales made by the Company on the Site. All amounts indicated in this document are to be understood as VAT excluded. The terms indicated are to be understood as business days, therefore excluding Saturdays, Sundays, and national holidays.

1.3 The General Terms and Conditions of Sale may be modified at any time. Any changes and/or new conditions will be effective from the moment they are published on the Site. You are therefore invited to regularly access the Site and consult the most updated version of the General Terms and Conditions of Sale before making any purchase.

1.4 The applicable General Terms and Conditions of Sale are those in force on the date the purchase order is submitted.

1.5 These General Terms and Conditions of Sale do not govern the sale of products and/or services by parties other than the Company that may be present on the Site through links, banners, or other hyperlinks. Before carrying out commercial transactions with such entities, it is necessary to verify their terms of sale. The Company is not responsible for the provision of services and/or the sale of products by such third parties. The Company does not control and/or monitor the websites accessible through such links. Therefore, the Company is not responsible for the content of such sites, nor for any errors and/or omissions and/or violations of the law committed by them.

1.6 You are required to carefully read these General Terms and Conditions of Sale, as well as all other information provided by the Company on the Site, including during the purchasing process.

Art. 2. Purchases on the Site

2.1 Purchasing on the Site:

Can be done without registration on the Site.
Sales are allowed only to industry professionals, not to consumers.

2.2 According to Article 3, Paragraph 1, Letter a) of the Consumer Code, consumers are defined as natural persons who, in relation to the purchase of Products, act for purposes unrelated to their business, commercial, professional, or artisanal activities.

2.3 To prevent stockpiling, no more than 1,000 units of the same item can be purchased within the same order.

2.4 In the case of orders, regardless of their origin, that appear to be anomalous in terms of quantity and/or frequency of purchases, the Company reserves the right to take all necessary actions to stop irregularities.

2.5 The Company reserves the right to refuse or cancel orders that come from:

A user with whom the Company has ongoing legal disputes.
A user who has previously violated the General Terms and Conditions of Sale.
A user involved in criminal activities.
A user who has provided false, incomplete, or incorrect identification data or who has failed to promptly submit the requested documents to the Company or has sent invalid documents.

Art. 3. Information for Contract Conclusion

3.1 In accordance with Legislative Decree No. 70 of April 9, 2003, concerning electronic commerce, the Company informs you that:

To conclude a purchase contract on the Site, you must complete an electronic order form and submit it to the Company online, following the instructions that will appear from time to time on the Site.
The contract is concluded when the order form reaches the Company’s server.
Once the order form has been received, the Company will send a confirmation email to the address provided, containing:
- An attachment with the general terms and conditions of sale.
- A link to the general terms and conditions of sale.
- Information about the purchase characteristics.
- The price indication.
- The chosen payment method.
- Shipping costs indication.
- The delivery time indication.
- Any additional applicable costs.
- (If applicable) Information on the right of withdrawal.

Art. 4. Product Availability

4.1 The Products offered on the Site are in limited supply. It is therefore possible, even due to multiple users purchasing the same Product simultaneously, that the ordered Product may become unavailable after the purchase order has been submitted.

4.2 The Site provides information regarding the availability of each Product.

4.3 You will be informed in case the ordered Product is unavailable. In this case, you will have the right to terminate the purchase contract in accordance with Article 61, Paragraphs IV and V, of the Consumer Code.

4.4 If a refund is requested for a purchased Product that later turns out to be unavailable, the Company will process the refund within a maximum of 10 days.

4.5 If you exercise your right to terminate the contract as per Article 61, Paragraphs IV and V, of the Consumer Code, and the total amount due (consisting of the Product price, shipping costs, if applicable, and any other additional costs as per the order) has already been paid, the Company will refund the total amount due according to the provisions under the "Payment Methods" section below.

4.6 Without prejudice to your rights under the preceding articles, in the case of orders containing multiple Products (Multiple Order), if the unavailability concerns only some of the Products in the Multiple Order, the Company will immediately notify you of this circumstance. You will then have the right to terminate the contract immediately, limited to the unavailable Product(s), in accordance with Article 61, Paragraphs IV and V, of the Consumer Code. If you exercise the right of termination concerning the unavailable Product(s), or in any case where payment of the Total Amount Due has already been made, the Company will refund the amount due for such Product(s), including shipping costs and any other additional costs specifically related to those Products (Partial Amount Due), without undue delay and in accordance with the provisions of the "Payment Methods" section below. This amount will be credited to the same payment method used by you for the purchase. Any delays in crediting may depend on the payment solution used. The termination of the entire Multiple Order will be possible only in the case of evident and proven dependency of the unavailable Products in relation to the other available Products in the Multiple Order.

Art. 5. Product Information Sheet

5.1 Each product is accompanied by an information page that illustrates its main characteristics (Information Sheet). The images and descriptions on the Site reproduce the characteristics of the Products as accurately as possible. However, the Product colors may differ from the actual ones due to the settings of the computer systems or devices used for viewing. Additionally, the Product images in the Information Sheet may differ in size or with respect to any accessory products. These images should therefore be considered as indicative and within usual tolerances.

Art. 6. Prices

6.1 All Product prices published on the Site are exclusive of Value Added Tax (VAT).

6.2 The Company reserves the right to change Product prices at any time without notice, provided that the price charged to you will be the one indicated on the Site at the time of order placement, without taking into account any subsequent changes (whether increases or decreases).

6.3 Any applicable shipping costs are explicitly and separately indicated in the order form before the user proceeds with its submission.

Art. 7. Purchase Orders

7.1 The Company will ship the Products only after receiving confirmation of payment authorization or after the Total Amount Due has been charged. Ownership of the Products will be transferred to you at the time of shipment, understood as the moment the Product is delivered to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Company, will be transferred to you when you, or a third party designated by you and different from the carrier, physically takes possession of the Products.

7.2 The purchase contract is subject to termination in case of non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will consequently be canceled.

7.3 To submit a purchase order, it is necessary to read and approve these General Terms and Conditions of Sale by checking the appropriate box during the purchase process. Failure to accept these General Terms and Conditions of Sale will make it impossible to make purchases on the Site.

Art. 8. Payment Methods

8.1 The following payment methods are accepted on the Site:

Payment Card Apple Pay

8.2 The Company accepts credit cards from the following networks:

VISA MasterCard (Cirrus Maestro) PostePay American Express CartaSì

These are, in any case, indicated in the footer of each page of the Site.

The charge will only be made after (i) the data of your payment card used for payment has been verified and (ii) the issuing company of the payment card you used has given authorization for the charge.

The confidential data of the payment card (card number, cardholder, expiration date, security code) are encrypted and transmitted directly to the payment processor without passing through the servers used by the Company. The Company therefore never accesses and does not store, even if you choose to save such data on the Site, the data of your payment card used for payment of the Products.

The charge will be made at the time of order transmission.

Art. 9. Delivery of Products

9.1 There are no delivery limitations, except in cases possibly indicated on the Site and/or in the Product Sheet.

9.2 Delivery is charged for orders less than or equal to €200.00; for higher amounts, delivery is free.

9.3 From the date of order submission, Products will be delivered within 4-5 business days. In case of failure to indicate a specific delivery term, it will, in any case, take place within thirty days from the date of conclusion of the contract.

9.4 It is your responsibility to verify the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Company, is transferred when you, or a third party designated by you and different from the carrier, physically takes possession of the Product, the Company recommends that you verify the number of Products received and that the packaging is intact, not damaged, wet, or otherwise altered, including in the closing materials, and invites you, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation. If the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Company. In any case, the application of the regulations regarding the right of withdrawal (if applicable for the Product) and the legal warranty of conformity remains firm.

Art. 10. Right of Withdrawal

10.1 In the case of purchase on the Site, unless otherwise indicated, you do not enjoy the right of withdrawal provided for by art. 52 of the Consumer Code with reference to the Product or Products indicated in this article. In fact, on the Site are:

sold sealed goods that cannot be returned for hygiene reasons or connected to health protection.

10.2 If you are a consumer, you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to bear costs other than those provided for in this article within the term of fourteen calendar days (Withdrawal Period). The Withdrawal Period expires after 14 days:

a. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;

b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or

c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.

10.3 To exercise the right of withdrawal, you must inform the Company, before the expiry of the Withdrawal Period, of your decision to withdraw.

10.4 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:

Email: info@metodotirs.com

It should be noted that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period falls on you, it is in your interest to use a durable medium when communicating your withdrawal to the Company.

10.5 You must return the Products to the Company, using a carrier of your choice and at your own expense, without undue delay and in any case within the term of 14 calendar days from the date on which you communicated to the Company your decision to withdraw (Return Deadline). The Return Deadline is respected if you send back the Products before the expiry of the fourteen-day period. The Product, properly protected and packaged and, if possible, in the original packaging (the original packaging is always obligatorily required if the product serial numbers are printed on it), must be returned to the following address:

Email: info@metodotirs.com

10.6 The direct costs of returning the Products are at your expense as well as the responsibility for their transport.

10.7 If you withdraw from the contract, the Company will proceed to reimburse the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Company was informed of your decision to withdraw from the contract. The refund will be made using the same payment method used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Company may suspend the refund until receipt of the Products or until you have provided evidence of having sent back the Products, if earlier.

10.8 You are solely responsible for the diminished value of the goods resulting from handling the Product other than what is necessary to establish the nature, characteristics, and functioning of the Product. The Product must in any case be stored, handled, and inspected with normal diligence and returned intact, complete in all its parts, perfectly functioning, accompanied by all accessories and illustrative sheets, with identification tags, labels and single-use seal, where present, still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. The withdrawal, moreover, applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.

10.9 In the event that the Product for which the right of withdrawal has been exercised has suffered a decrease in value resulting from handling of the good other than what is necessary to establish the nature, characteristics, and functioning of the Product, the Company reserves the right to deduct from the refund amount an amount equal to such decrease in value. The Company will notify you of this circumstance and the consequent decreased refund amount within 5 days of receiving the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due to the decrease in value of the Product.

10.10 In the event that the withdrawal has not been exercised in accordance with the applicable regulations, it will not result in the termination of the contract and, consequently, will not give right to any refund. The Company will notify the user within 5 (business) days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Company at your disposal for collection, which must take place at your expense and under your responsibility.

10.11 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be reimbursed in your favor will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, for example, if you have placed a total order of 200.00 Euro, which includes two Products, the first worth 50.00 Euro and the second worth 150.00 Euro, and you return the Product worth 150.00 Euro, you will be reimbursed an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned can never exceed that actually paid.

Art. 11. Legal Warranty

All Products sold on the Site are covered by the Legal Warranty of Conformity provided for by articles 128-135 of the Consumer Code (Legal Warranty).

To whom it applies

The Legal Warranty is reserved for consumers. It, therefore, only applies to users who have made the purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft, or professional activity they may carry out.

When it applies

The Company is responsible to the consumer for any lack of conformity of the Product that manifests within two years from such delivery. The lack of conformity must be reported to the seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered.

Unless proven otherwise, it is presumed that lack of conformity that manifests within six months of delivery of the Product already existed at that date, unless this hypothesis is incompatible with the nature of the Product or with the nature of the lack of conformity. Starting from the seventh month following the delivery of the Product, it will instead be the burden of the consumer to prove that the lack of conformity already existed at the time of delivery of the same.

To be able to take advantage of the Legal Warranty, the consumer must therefore first provide proof of the date of purchase and delivery of the good. It is therefore advisable that the consumer, for the purposes of such proof, keeps the purchase invoice or any other document that can certify the date of purchase (for example, the credit card statement) and the date of delivery.

In case of termination of the contract, the Company will return to the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs, and any other additional cost. In case of price reduction, the Company will return the amount of the reduction, previously agreed with the consumer. The amount of the refund or reduction will be credited to the payment method or solution used by the consumer for the purchase.

The Company is not responsible in case of damages, of any nature, arising from the use of the Product in an improper manner and/or not in accordance with the instructions provided by the manufacturer, as well as in case of damages arising from fortuitous events or force majeure.

Art. 12. Applicable Law and Competent Court; Extrajudicial Dispute Resolution - Alternative Dispute Resolution/Online Dispute Resolution

12.1 Purchase contracts concluded through the Site are governed by Italian law. The application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved.

12.2 It is recalled that in the case of a consumer user, for any dispute relating to the application, execution, and interpretation of this document, the court of the place where the user resides or has elected domicile is competent.

12.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Company informs the user who has the qualification of consumer referred to in art. 3, paragraph 1, letter a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Company, following which it has not been possible to resolve the dispute thus arising, the Company will provide information about the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations arising from a contract concluded on the basis of these General Terms and Conditions of Sale (so-called ADR bodies, as indicated in articles 141-bis et seq. Consumer Code), specifying whether it intends to use such bodies to resolve the dispute itself.

12.4 The Company further informs the user who has the qualification of consumer referred to in art. 3, paragraph 1, letter a) of the Consumer Code that a European platform has been established for the online resolution of consumer disputes (so-called ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and initiate an online dispute resolution procedure in which they are involved.

12.5 In any case, the right of the consumer user to refer the matter to the ordinary court competent for the dispute arising from these General Terms and Conditions of Sale is reserved, whatever the outcome of the extrajudicial dispute resolution procedure relating to consumer relations by recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code.

12.6 The user who resides in a member state of the European Union other than Italy may also access, for any dispute relating to the application, execution, and interpretation of these General Terms and Conditions of Sale, the European procedure established for small claims, by Council Regulation (EC) No. 861/2007 of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights, and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.

Art. 13. Customer Service and Complaints

It is possible to request information, send communications, request assistance, or submit complaints by contacting the Company in the following ways:

by email, at the following address: info@metodotirs.com