Terms and Conditions

1 – Introduction

1. The sale of “Tramontano” brand products concluded remotely through this site (hereinafter referred to as the “Website”) is governed by the following General Conditions of Sale.
   The products offered on the Site are sold directly by Napolicrea srl. (hereinafter referred to as “Tramontano”). Tramontano is a company under Italian law, with registered office in Via Chiaia – 142 – 80121 Naples (NA) – Italy, VAT number, tax code and registration number in the Naples Company Register 07795281216, REA n. NA – 910178.
2. The use of the remote selling service regulated in these General Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as the “Customer” or, in the plural, “Customers”) understood as natural persons acting for purposes not related to their commercial, entrepreneurial, artisanal or professional activity, if carried out, over the age of 18 (or, if minors, authorised by their legal representative).
   The resale or transfer for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.
3. The products offered for sale on the Website may be purchased and delivered in Italy, Europe and the rest of the world.
4. The languages ​​used for the conclusion of the sales contract through this Website are: Italian and English.
5. These General Conditions of Sale are published on the Website in order to allow the Customer to be aware of them as well as to store and reproduce them in accordance with current legislation.
6. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.
   Tramontano reserves the right to make changes and/or additions to these General Conditions of Sale at any time.
   Any changes and/or additions will be effective exclusively in relation to purchases made after the date of publication of the new version of the General Conditions of Sale.
   The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability against Tramontano of the same in relation to purchases made after their elimination from the Website and this also in the event that said General Conditions of Sale are still available for consultation and/or access to the public through other websites, other than the one indicated above.

2 – Product availability

1. The Customer acknowledges that the products offered by Tramontano on the Website (hereinafter referred to as the “Products”) are numerically limited and is therefore aware that Tramontano will have to verify their availability at the time of purchase.
2. Occasionally, there may be inconveniences in relation to the availability of certain Products. In such circumstances, Tramontano will inform the Customer promptly (and in any case within the terms specified below) via email of the cancellation of their order.
   In the event of only partial unavailability, the Customer will be asked whether he prefers to receive the available Products or proceed with the total cancellation of the order.
3. Tramontano reserves the right to vary the items offered for sale on the Website at any time, without notice.

3 – Purchase procedure

1. Each Product offered for sale on the Website can be viewed via a specific link which allows you to view the photographic images of the item, the unit price, the colours, the different sizes (where applicable).
2. The Customer may purchase one or more Products, for a maximum of 4 units for each Product, without prejudice to any provisions for certain types of Products. Tramontano reserves the right to modify at any time the limits on the quantities of Products that can be purchased through the Website.
3. The Products chosen by the Customer will be placed in a specific section (hereinafter referred to as the “Cart”).
4. Although Tramontano constantly takes measures to ensure that the photographs shown on the Website faithfully reproduce the original products, some variations are always possible due to the technical characteristics and color resolution of the device used by the Customer. Consequently, Tramontano will not be responsible for any inadequacy of the graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.
5. To view the selected Products and the total price of the purchase order, you must access the Cart page.
   Before confirming his order proposal, the Customer is required to verify the accuracy of the contents of the Cart and complete the purchase form according to the instructions provided on the Website.
6. The purchase procedure ends when the Customer selects the appropriate final order confirmation button, thus validating his/her Order Proposal, which will be sent directly to Tramontano.
7. After selecting the Purchase Button, the content of the Order Proposal can no longer be modified by the Customer.
8. Before confirming the Order Proposal, the Customer must declare that he has read and accepted these General Conditions of Sale. At the end of the purchase procedure, it is advisable for the Customer to save or print the General Conditions of Sale.
9. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to Tramontano.
10. Each Order Proposal and the Customer data necessary for the purchase will be archived by Tramontano for the period of time and in compliance with the conditions established by current legislation.
    Any use of data for purposes other than purchase will be subject to prior and express consent from the Customer, based on the conditions specified in the “Privacy Policy” published on the Website.
11. The Customer is aware of being responsible for the correctness and truthfulness of all data entered on the Website or otherwise used during the purchase phase.
12. The Customer is also aware of the fact that on the Website he has the possibility to pre-order a selection of Products before their commercial launch or their distribution and placing on the market. The Customer acknowledges that such Products are not yet available for shipment at the time of sending his Order Proposal. The Products that can be pre-ordered by the Customer are clearly identified and reported on the Website through the expressions “Pre-Order” or “Pre-Order Products”.
13. The Customer acknowledges and accepts that if he/she pre-orders a Product, the relevant price shown on the Website and displayed in the Shopping Cart section will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, as defined in the following point 4.2, even if such Pre-Order Product is not available at that time.
    The Pre-Order Product will be delivered to the Customer by the estimated date specified on the Product description page.
    If the Order Proposal sent by the Customer also contains one or more Pre-Order Products, in addition to the Products already available, the prices of all the Products relating to such Order Proposal will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, and all the Products will be delivered together by the last estimated delivery date for the Pre-Order Products, as indicated on the Product description page.
14. All further details relating to payment, delivery and confirmation of Pre-Order Products are specified in the respective sections below.
15. The Customer acknowledges and accepts that, except as expressly provided herein for Pre-Order Products, the other clauses of these General Conditions of Sale also apply to Pre-Order Products.

4 – Conclusion of the contract

1. Following confirmation of the Order Proposal, the order is sent to Tramontano to be processed and cannot be further modified or cancelled.
   The Order Proposal issued by the Customer will be taken in charge by Tramontano only if the entire purchase procedure has been completed regularly, without any indication of errors by the Website.
2. The contract stipulated between Tramontano and the Customer shall be deemed to be concluded when the Customer receives a confirmation email from Tramontano (hereinafter referred to as the “Confirmation Email”).
   The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase, such as: the description of the Product and its main characteristics, the total price of the order, including any shipping costs, the address for submitting any complaints, information on after-sales assistance services, on the existence of the right of withdrawal and on the relative methods of exercising it.
3. Tramontano reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
   a) unavailability, even temporary, of the Products included in the Order Proposal, with the exception of Pre-Order Products;
   b) existence of a legal dispute between Tramontano and the Customer relating to a previous order;
   c) if the Customer has previously committed violations of the General Conditions of Sale or has not fulfilled his obligations;
   d) if it emerges that the Customer purchases the Products for the purpose of reselling or transferring them for commercial or professional purposes;
   e) if the Customer has been involved in or is suspected of illegal or fraudulent activities.
   In the above cases, Tramontano will communicate to the Customer by email, within 30 (thirty) days from the date of actual receipt of the Order Proposal, any cancellation of the orders received. In this case, no Order Proposal shall be considered accepted by Tramontano and no contract shall be considered concluded between Tramontano and the Customer.
   In the event of partial unavailability of the ordered Product, before receiving the Confirmation Email the Customer will be given the option to choose whether to receive only the available Products or cancel the order entirely. If the cancellation is only partial, the Customer will only be charged for the amount relating to the Products actually purchased.

5 – Price and Payment Method

1. The prices of all Products offered for sale on the Website include VAT.
2. These prices will be indicated in Euros (EUR).
3. The total amount of the price shown in the Cart includes any shipping costs, which will be indicated separately.
   In any case, Tramontano will ask for the express consent of the Customer for any additional costs.
4. The Customer will be charged the prices published on the Website and shown in the Cart at the time of confirmation of the Order Proposal by selecting the Purchase Button by the Customer, provided that the Products ordered are available at that time, with the exception of Order Proposals containing Pre-Order Products for which the relevant price will be charged in advance to the Customer as provided in the following point 5.6, even if at that time such Products are not yet available for shipping.
   Tramontano reserves the right to change the prices of the Products offered for sale on the Website at any time and without notice.
5. Tramontano accepts only credit cards and other payment methods expressly indicated on the Website.
6. For the purposes of payment by credit card, the Customer confirms and guarantees that he/she is the holder of the credit card used for the purchase and that all data relating to it, entered during the purchase phase, such as: number, expiry date and, if necessary, the security code, are correct.
7. For the purposes of payment via other payment service providers, the Customer confirms and guarantees that he is the holder of the account used for the purchase.
   The transaction will be charged to the Customer only after the latter has received the Confirmation Email from Tramontano.
8. The shipment of the purchased Products will be carried out only after the payment of the amount due by the Customer has been successfully completed.
   In the event that, for any reason, the debiting of the amounts due by the Customer proves impossible, the sales process will be automatically cancelled and the sale cancelled, as per the communication that will be sent to the Customer.
9. In the event that one or more Products are unavailable and the Customer has decided not to cancel the order in full, only the price and any shipping costs relating to the available Products will be charged.

6 – Delivery

1. The Products will be shipped to the address indicated by the Customer in the Order Proposal. Upon delivery of the Products, the Customer's signature will be required.
2. The Products sold on the Website may be purchased and delivered exclusively in the Countries indicated above (article 1.3). Therefore, any Order Proposals with shipments to be made outside of these Countries will be automatically rejected during the order processing procedure.
3. In cases where the Customer is charged for shipping costs, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the Order Proposal compilation procedure and prior to the selection of the Purchase Button by the Customer.
4. In accordance with current legislation, the maximum term within which Tramontano must deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract (provided that the relevant order does not contain any Pre-Order Products) and with the exception of events of force majeure.
   In the event that the relevant order contains Pre-Order Products, the delivery date will be more than 30 days and Tramontano will deliver the Products on the estimated delivery date or during the estimated delivery period agreed with the Customer, as specifically indicated to the Customer on the Product description page.
5. If Tramontano does not deliver the Products ordered within the above-mentioned time frame, the Customer must ask Tramontano to make the delivery within an additional time frame appropriate to the circumstances, in accordance with the legislation in force.
   The Customer reserves the right to immediately terminate the contract if the ordered Product is not delivered within the additional period indicated.
6. Tramontano reserves the right to split an order into multiple shipments, according to the availability of the Products. In this case Tramontano will inform the Customer via email and may charge the Customer separately for only the Products actually shipped or in a single solution.
7. Upon shipment of the purchased Product, the Customer will receive an email to the address indicated in the Order Proposal. This email will contain a tracking code for the shipment and a link that will allow real-time monitoring of the delivery.
   Tramontano Customer Service will provide assistance for any possible delivery issues. The Customer may contact Tramontano Customer Service by email at: customerservice@tramontano.it
8. The Customer will assume the risk of loss or damage to the Products only when the Customer, or a third party designated by him and other than the carrier, physically takes possession of such Products.

7 – Product Conformity

1. Upon delivery, the Products must be checked by the Customer to ensure that they correspond to the items ordered and that they do not present manufacturing defects or lack of conformity. The legal guarantees provided by current legislation apply to the sale of the Products, in addition to any additional conventional guarantees provided to the Customer.
2. In the event of production defects or lack of conformity, the Customer will have the right to restore, without charge, the conformity of the Product through repair or replacement, unless the requested remedy is objectively impossible or excessively expensive compared to the other. It is understood that the Customer loses this right if he does not report the lack of conformity to Tramontano within 1 (one) month from the date on which he discovered the defect. In any case, Tramontano is only responsible for lack of conformity that occurs within 2 (two) years from delivery of the Product.
3. In order to report the presence of defects and faults in the Products and obtain one of the remedies listed above, the Customer may contact Tramontano at the addresses indicated in the following article 12. The return of the product and its redelivery to the customer will be borne by Tramontano.

8 – Returns and refunds – Withdrawal

1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Products. In the case of a split order, this term starts from the day of delivery of the last Product.
2. To exercise the right of withdrawal, the Customer may send an email to Customer Service at customerservice@tramontano.it to receive the correct instructions for shipping the return.
3. The Customer undertakes to return at his own expense the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated to Tramontano his decision to withdraw from the contract.
4. The Products must be returned in the same condition in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, complete with all the labels with which they were received. In the event that a Product is provided with a security label, the return of the Product will not be accepted if the original security label has been removed, broken or tampered with. Tramontano will verify the packaging and the condition of the individual Products returned, constituting the substantial integrity of the same an essential requirement for exercising the right of withdrawal.
   Tramontano reserves the right to refuse the return of those Products that are damaged, deteriorated, dirty or in a state that suggests, unequivocally, that they have been used for purposes other than the Customer's checks strictly necessary to ascertain the nature and characteristics of the purchased Product.
   In case of refusal of the return, Tramontano will send a specific communication to the Customer and will not proceed with the crediting of the price paid by the same, also reserving the right to request compensation for any damage attributable to the conduct of the Customer.
5. The refund of the price of the returned Products, excluding shipping costs, will be carried out by Tramontano without undue delay and in any case within 14 (fourteen) days from the date on which Tramontano became aware of the exercise of the right of withdrawal by the Customer.
   In any case, Tramontano reserves the right to withhold the refund until it has received and verified the Product or until the Customer demonstrates that he has returned the product correctly and in intact conditions, taking into account the situation that occurs first.
   The aforementioned refund will be made by crediting the amount paid by the Customer using the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and provided that the Customer does not have to bear any costs as a consequence of the refund.
   Tramontano will confirm to the Customer by email that the price has been refunded.
6. The return of Products pursuant to this article is permitted only in relation to purchases made on the Website.

9 – Limitation of liability

1. Except in cases of willful misconduct or gross negligence, Tramontano shall not be liable in any way towards the Customer for indirect or consequential damages that may arise from the purchase and use of Products offered for sale on the Website.

10 – Authenticity of products and intellectual property rights

1. Tramontano guarantees the authenticity and high quality of all Products offered for sale on the Website.
2. The “Tramontano” trademark, as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on “Tramontano” products, on the related accessories and/or packaging, whether registered or not, are and remain the exclusive property of NAPOLICREA srl. The total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for any reason and on any medium, are absolutely prohibited.

11 – Controversies

1. These General Conditions of Sale are governed by Italian law and will be interpreted in accordance with it, without prejudice to any other mandatory rule, more favourable to the Customer, applicable in the country of habitual residence of the Customer.
2. In the event of a dispute arising from the interpretation and/or application of these General Conditions of Sale, the Court of the place of domicile or residence of the Customer will have exclusive and mandatory jurisdiction, if located in the territory of the Italian State. If the domicile or residence of the Customer is located in a territory other than the Italian State, the Customer may, at his/her choice, appeal to the Court of his/her place of residence or domicile or to the Court of Naples.
   Alternatively, the Customer may initiate one of the out-of-court dispute resolution procedures provided for by current legislation.

12 – Contacts

1. For any complaint, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and/or clarifications regarding what is reported in these General Conditions of Sale, Customers may send an e-mail to the following address: customerservice@tramontano.it or contact the E-commerce Customer Service, Napolicrea srl., Via Antiniana 2F, 80038 Pozzuoli (NA), Italy.

Last updated: October 25, 2020