Conditions and Services.
Remember that you can always contact TIME SQUARE SOC. Coop. A R.L. (WWW.TIMESQUARESTORE.COM) via email through the Contacts section (firstname.lastname@example.org)
For any other legal information, see the Privacy sections of TIMESQUARESTORE.COM
General Sales Conditions
1. Our trade policy
1.1 The Seller offers the products for sale on timesquarestore.com and carries out his e-commerce business exclusively with his end-users who are "consumers".
1.2 When we talk of "consumer" we refer to any individual acting on timesquarestore.com with purposes that are not related to their business, or professional activities, possibly carried out. If you are not a "consumer", we encourage you to refrain from making business transactions through timesquarestore.com.
1.3 Considering its trade policy, the Seller reserves the right not to process orders from subjects other than the "consumer" or in any case that do not comply with its trade policy.
1.4 These General Sales Conditions only regulate the offer, the forwarding and acceptance of purchase orders of products on timesquarestore.com between the users of timesquarestore.com and the Seller.
1.5 The General Conditions of Sale, on the other hand, do not regulate the supply of services or the sale of products by parties other than the Seller that are present on timesquarestore.com through links, banners or other hypertext links. We advise you, before placing orders and purchasing products and services from parties other than the Seller, to check their conditions of sale, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce operations between timesquarestore.com users and third parties.
1.6 Timesquarestore.com reserves the right to refuse orders generated on its site, if it considers that there are no contractual basis appropriate to the seller's policies.
1.7 Timesquarestore.com reserves the right to delete or block users if it deems them not suitable for the contractual sales policies
2. How to conclude the contract with TIMESQUARE.
2.1 To conclude the purchase contract of one or more products on timesquarestore.com, you will need to fill in the order form in electronic format and send it to the Seller, electronically, following the relative instructions. The purchase contract is stored in our archive:
2.2 After having concluded the purchase contract of one or more products, by sending the order form, you will receive an email summarizing the operation which contains a reference to the General Conditions of Sale - Policy - and a summary information on the essential characteristics of each product ordered with the relative price (including all applicable taxes or duties), the types of payment that you can use to purchase each product, the methods of delivery of the products purchased, the methods of handling complaints by the trader, the costs of shipping and delivery; as well as the references and the geographical and e-mail address of the Seller and the date by which the Seller undertakes to deliver the goods. The Seller will also provide you with a summary of the conditions and methods for exercising your right of withdrawal and the methods and times for returning the purchased products (AFTER SALES SERVICES). You will also be provided with information on the circumstances in which you will lose the right to withdraw from the contract. If applicable to the purchase, you will be informed that, in the event of withdrawal, you will have to bear the cost of returning the products. In any case, you will be reminded of the existence of the legal guarantee of conformity of the products, you will be provided with the contact details of our after-sales service.
2.3 In the order form, which is displayed immediately before the conclusion of the purchase contract, we will provide you with summary information about the essential characteristics of each ordered product, the price (including all applicable taxes or duties) and shipping costs (including any additional costs incurred by you for choosing a different and/or faster type of shipment and delivery than the standard one). The contract is concluded when the Seller receives, electronically, your order form, after verifying the correctness of the data related to your order. The purchase agreement is stored in our archive.
2.4 Product availability
Product availability refers to the actual availability at the time the buyer places the order. However, this availability must be considered purely indicative because due to the simultaneous presence of the products on other online sales channels and in the physical store they could be sold to other customers before the order confirmation.
Even after sending the order confirmation email, there may also be cases of partial or total unavailability of the goods. In this case, the order will be automatically modified by deleting the unavailable product and the buyer will be immediately informed by email.
If the buyer requires the order cancellation, solving the contract, TIMESQUARESTORE.COM. will refund the amount paid within 14 days from the time TIMESQUARESTORE.COM has been aware of the buyer's decision to resolve the Contract.
Orders will be executed during the following hours: Monday to Friday ,in the following time slot: 9:00 am -6:00 pm.
The invoice can only be requested at the same time as the order confirmation by filling in the dedicated forms.
The billing request cannot be accepted after the order confirmation or in the following days.
2.6 Safeguard clause
In the event that one of the clauses of these General Sales Conditions is null for any reason whatsoever, this will in no case case compromise the validity and compliance with the other provisions contained in these General Sales Conditions.
Any request for information can be sent by e-mail to email@example.com, by telephone at : +39 0971 1650664 or by filling in the CONTACTS form on the website.
The number is available from Monday to Saturday at the following times: 9:00 am - 1:00 pm, 3:00 pm - 7:00 pm.
2.8 Applicable law and competent court
These General Conditions of Sale are governed by Italian law and interpreted on the basis of it, without prejudice to any other prevailing imperative rule of thehabitual residence buyer's country. Consequently, the interpretation, execution and resolution of the General Conditions of Sale are subject exclusively to Italian law and any disputes inherent and/or consequent to them must be resolved exclusively by the Italian judicial authority. In the event of a dispute, the competent court is mandatorily attributed to the Consumer's place of residence (or domicile) pursuant to Article 66-bis of Legislative Decree 206/2005.
Consumers residing in Europe are informed that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to contracts for the sale of goods and services stipulated online and/or deriving from them. (Pursuant to the European Union Regulation No. 524/2013)
Consequently, if you are a consumer established in Europe, you can use this platform for the resolution of any dispute arising from the online contract stipulated on www.timesquarestore.com
The European ODR platform is available at the following link: https://ec.europa.eu/consumers/odr/
3. Guarantees and indication of product prices
3.1 On TIMESQUARESTORE.COM, only luxury and top quality brand products are offered for sale. These products are purchased directly by the Seller from manufacturers and from boutiques authorized to sell the brands present on the TIMESQUARESTORE.COM site carefully selected for their rigorous quality controls.
3.2 The Seller does not sell used, irregular or inferior quality products to the corresponding standards offered on the market.
3.3 The essential characteristics of the products are presented on TIMESQUARESTORE.COM within each product sheet. The images and colors of the products offered for sale on Timesquarestore.com may however not correspond to the real ones due to the Internet browser and monitor used.
3.4 Product prices may be subject to updates. Make sure of the final sale price before submitting the relevant order form.
3.5 Purchase requests from countries not included among those displayed in the SHIPPING section cannot be accepted by the Seller.
3.6 All products come with an identification tag attached with a disposable seal. We ask you not to remove the tag and the relative seal from the purchased products, of which they are an integral part. The Seller, in case of exercising your right of withdrawal, has the right not to accept the return or not to refund in full the sums paid for the purchase, in relation to those products that do not have the relative tag or that have been altered in the their essential and qualitative characteristics or that they have been damaged, as better clarified in paragraph 8.10.
3.7 The products sold on timesquarestore.com are protected by the legal guarantee of conformity of the products pursuant to art. 128 ff. Consumer Code.
3.7.1. Consumer rights regarding the guarantee on the conformity of the purchased item
3.7.2. The Consumer Code (Legislative Decree no. 206/2005) in Articles 128-135 provides for the obligation to guarantee consumers the conformity of the purchased goods with the characteristics and qualities offered. The seller is therefore responsible for any lack of conformity existing at the time of delivery of the goods for all products sold in its stores.
3.7.3. The lack of conformity exists when the product:
a. does not conform to the description or does not have the qualities presented by the seller.
b. hass defects that limit its usual performance (eg badly sewn buttons, faulty seams).
3.7.4. The Legal Guarantee only protects the so-called "Consumer", ie the natural person who, having purchased a product, acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out and therefore does not apply to products purchased with invoice and VAT number from traders and companies.
3.7.5. The legal guarantee has a validity of 2 years from the date of delivery of the goods, regardless of the existence of any other guarantees issued by the manufacturer and their duration.
The lack of conformity covered by the legal guarantee that occurs within this period must in any case be reported by the consumer within 2 months from the date of discovery of the defect. In order to ensure that the defect is not the result of incorrect behavior by the buyer:
a. the products must not have been used, worn, washed or damaged;
b. the identification tag must still be attached to the products with the disposable seal;
In the event of a lack of conformity duly reported within the deadline, the consumer has the right to have the seller restored, without charge, the conformity of the goods by repair or replacement, or to an adequate reduction in the price or termination of the contract. In particular, the consumer has the right:
a. of repair or replacement of the goods, at his choice, unless the requested remedy is impossible or excessively expensive compared to the other; the remedy requested is "excessively expensive" when it imposes unreasonable costs on the seller compared to the alternatives, taking into account the value of the undamages goods, the extent of the defect and the possibility of resorting to alternative remedies without significant inconvenience to the consumer;
b. in the alternative (where the first two remedies are impossible or excessively expensive, or have not been made within reasonable terms, or previous repairs or replacements have caused significant inconvenience to the consumer), to request a price reduction or termination of the contract.
3.7.6. The consumer can assert his rights regarding the legal guarantee of conformity by contacting the seller of the goods directly - ie TIME SQUARE SOC. COOP. A R.L - or through email communication to: firstname.lastname@example.org
3.8.1. You can obtain information on how we process your personal data by accessing the section https://www.timesquarestore.com/privacy.aspx
3.9. Dispute resolution, ODR and joint conciliation
If you have submitted a complaint to us that we have not been able to resolve together, please remember that the online consumer dispute resolution service has been established by law.
Since January 9, 2016 there has been an online platform where you can find the list of organisations you can contact to open an online dispute resolution procedure. Find all the information at the following address http://ec.europa.eu/consumers/odr/
For any further information, do not hesitate to contact our customercare at email@example.com
For civil disputes relating to the application of Sections I to IV of this chapter, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer, if located in the territory of the State.
Legal notice on ADR/ODR
Alternative dispute resolution - ALTERNATIVE DISPUTE RESOLUTION (ADR) / ONLINE DISPUTE RESOLUTION (ODR)
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may submit a complaint via the ODR platform of the European Union which can be reached at the following link http://ec.europa.eu/consumers/odr/. The ODR platform constitutes an access point for users who wish to settle disputes arising from sales or online service contracts out of court. For more information please contact: firstname.lastname@example.org
The General Conditions of Sale are regulated by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning e-commerce.
3.9.1. Modification and update
The General Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on timesquarestore.com
4.1 To pay the price of the products and the relative shipping and delivery costs, you can follow one of the methods indicated in the order form. In no case will you be charged costs higher than those actually incurred by the Seller, in relation to the payment instrument you have chosen.
4.2 In case of payment by credit card, the financial information (for example, the credit/debit card number or the expiry date) will be forwarded, via encrypted protocol, to Banca Sella or to other banks, which provide the related remote electronic payment services, without third parties having access to them in any way. Furthermore, this information will never be used by the Seller except to complete the procedures relating to your purchase and to issue the related refunds in the event of any product returns, following the exercise of your right of withdrawal, or if it becomes necessary prevent or report to the police the commission of fraud on Timesquarestore.com. The price for the purchase of the products and the shipping and delivery costs, as indicated in the order form, will be charged to your current account at the time of shipment of the purchased products.
5.1 COUPONS are custom codes that allow you to take advantage of a discount on purchases made on TIMESQUARESTORE.COM.
5.2 The INSERT COUPON box is displayed on the first page of the purchase process: once you have entered the items in the SHOPPING CART, enter your code in the USE A COUPON CODE box and click on APPLY.
5.3 Limitations on the use of the COUPON A). The COUPON in value cannot in any way be converted into money; B). It will not be possible to use multiple COUPONS in the same order; C). It is not valid for all the discount echelons on the site
5.4 If for some reason you are not satisfied with your order, you can return the item on which you have applied the COUPON by following the standard return procedure available in the Returns section. Once your return has been accepted, you can agree with our customer service to receive a new COUPON by sending a request to SERVIZIOCLIENTI@TIMESQUARESTORE.COM 6.1 To find out about the specific shipping and delivery methods of the products, please access the Shipping section, inside the INFORMATION area i. Please pay attention to what is reported in this section because the indications contained therein form an integral and substantial part of these General Conditions of Sale and, therefore, are deemed to be fully known and accepted by you at the time of transmission of the order form.
6. Customer Support
6.1 You can request any information through our assistance services: contact Customer Service. For more information, access the CONTACTS area
7. Right of withdrawal
7.1 For purchases outside the E.U. the return is at customer's charge.
7.2 You have the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within fourteen (14) days, starting from the day of receipt of the products purchased on Timesquarestore.com. In some specific cases, duly reported in the Right of Withdrawal section, it will be possible to change the chosen product with another.
8 To withdraw from the contract, you can use the Return Form (compliant with the standard form pursuant to Article 49, paragraph 4 of the Consumer Code) to be filled in and transmitted directly online through the Timesquarestore.com website, or to drawn up and send to Seller any other explicit declaration of your decision to withdraw from the contract. If you choose to use the Return Form to be sent directly online through the Timesquarestore.com website, the Seller will send you confirmation by e-mail that the withdrawal request has been received. If you choose, however, to send another declaration of withdrawal, you will be responsible for proving that you exercised your withdrawal right in a proper, timely manner.
8.1 Once you have exercised your withdrawal from the contract, you will have to return the products to the Seller by delivering them to the courier for shipment within fourteen (14) days from when you notified the Seller of your decision to withdraw from the contract.
8.2 The only expenses at your charge are those for returning the purchased products, unless the Seller has expressly exempted you from these expenses at the time of purchase and on the additional condition that you use the forwarder indicated by the Seller in the return form.
8.3 If you decide to use the courier indicated by the Seller in the Return Form, you will not, however, have to pay the costs, at your expense, for returning the purchased products. The payment of the costs of returning the purchased products will be made, on your behalf, directly by the Seller, who will therefore release you from any payment obligation towards the shipper. Furthermore, from the time of delivery of the purchased products to the shipper indicated by the Seller in the Return Form, the Seller exempts you from any liability in case of loss or damage to the products during transport.
8.4 If you decide to use a shipping method other than that indicated by the Seller in the Return Form, you will instead have to personally pay the costs, at your charge, for returning the purchased products. In this case, an amount equivalent to the cost of the products purchased will be refunded, while any additional costs incurred by you for choosing a different and/or faster type of shipment and delivery than the standard one will not be refunded.
8.5 If at the time of delivery of the products previously contracted with the Seller, the buyer refuses to deliver the package (without just cause communicated in time to our customer service: SERVIZIOCLIENTI@TIMESQUARESTORE.COM) or does not indicate an exhaustive shipping address will not be entitled to a full refund of the sums already paid to the Seller. In this case, an amount equal to the shipping cost will be deducted from the refund (going: to the customer and return: to the Seller). Everything will be specifically communicated to you by e-mail by the Seller. Within 14 days of sending the e-mail with which you will be notified of the sum deducted from the refund, you can choose to get back, at your expense, the products in the state in which they were returned to the Seller, notifying the Seller, in the manner that will be communicated to you.
9. Refund times and methods
9.1 Whatever the payment method you use, the refund, in whole or in part, is activated by the Seller in the shortest possible time and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of your right of withdrawal, after verifying the correct execution of your right of withdrawal and checking the returned products.
9.2 The Seller reimburses using the same payment method used by you for the purchase of the returned products, unless you have expressly agreed with the Seller to use a different type of payment and on condition that you do not have to bear any additional cost as a consequence of the reimbursement. If there is no correspondence between the consignee of the products indicated in the order form and who made the payment of the sums due for their purchase, the reimbursement of the sums, in case of exercise of the right of withdrawal, will be performed by the Seller, in any case, towards the person who made the payment.
9.3 The value date of the re-credit is the same as the debit; consequently you will not lose any bank interest.
9.4 The Seller indicates which is the shipper for returning the products: GLS courier in Italy http://www.gls-italy.com or TNT/FEDEX outside Italy http://www.fedex.com. For orders outside Italy, the customer must make the return request through the Timesquarestore.com website, and in response to the request, the Seller will send the pre-printed adhesive label, with the relative courier reservation, to be attached to the package containing the products, so you can return the products to the Seller, without paying the necessary expenses in person. The courier will make the collection within 24/48 working hours. For returns in Italy, the label is placed by the courier at the time of collection. According to the methods and terms provided for exercising the right of withdrawal, this method allows the Seller to pay directly, on your behalf, the costs of returning the purchased products, freeing you from any payment obligation towards the shipper. This method also allows you to check, at any time, where each package is, freeing you from any liability in case of loss or damage to the products during transport. For returns from the rest of the world, the entire operation is the responsibility of the customer who can independently decide which courier to use for the return. Only the parcel tracking number is required which the customer can send to email@example.com
9.5 If you choose to use a different carrier than the one specified by the seller to return the products, you will be liable for any loss or damage to the products.
10.1 You can obtain information on how we process your personal data by accessing the Privacy.
10.2 Please also read, if you have not already done so, our General Conditions of Use because they contain important information on how we process the personal data of our users and on the security systems used.
11. Applicable law and dispute resolution
11.1 The General Conditions of Sale are regulated by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code in Chapter I “Consumer rights in contracts”, with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning e-commerce.
12. Amendments and updates
12.1 The General Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication on Timesquarestore.com.
PASSING OF RISK CLAUSE
As provided for art. 63 of the Consumer Code, the "risk of loss or damage to goods for reasons not attributable to the seller, is in fact transferred to the consumer only when the latter, or a third party designated by him and different from the carrier, materially comes into possession of goods.
Any damage to the packaging and/or the product or the mismatch in the package number of the indications must be reported immediately in writing on the courier's delivery note. Where permitted by current law, once the courier's document has been signed without the customer having raised objections, the customer will not be able to make any objection about the external characteristics of the delivered package.
"The customer must check the Products immediately upon delivery, to ensure compliance with the order, the possible lack of some of the products ordered or report any obvious defects in the products. In the event that the customer has signed the delivery document without reservations, he will not subsequently be able to make any objection, except for hidden defects. "In case of damage to the product or mismatch, the clauses as formulated above limit the complaints that the consumer could make if exceptions to the courier are not raised immediately in the event of non-hidden defects (activity that the law does not require from the consumer or that the same could not perform for example if the delivery is made to a third party)
LIMITATION OF LIABILITY.
Other than cases of intent or gross negligence, TIME SQUARE SOC. COOP. A R.L. will not be in any way responsible towards the Customer for any indirect or consequential damages that may arise from the purchase of products offered for sale on the site. In the latter, a limitation of liability relating to possible inadequate graphic representations of the images of the products on the site, according to the wording of the clause, also not attributable to factors beyond the seller's control (eg due to the internet browser or monitor used by the consumer): “3. Purchase procedure. The site shows, for each selected Product, an image of the Product itself, the unit price, color and sizes. The images are used for illustrative purposes of the Product only; TIME SQUARE SOC. COOP. A R.L. therefore it cannot be held responsible for any inadequate graphic representation of the products presented on the site ".
1. Intellectual Property Rights
The contents of Timesquarestore.com, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on Timesquarestore.com, including menus, web pages, graphics, colors, layouts, tools, fonts and website design, diagrams, layouts, methods, processes, the functions and software that are part of Timesquarestore.com, are protected by copyright and any other intellectual property right of TIMESQUARE and the other rights holders. The reproduction, in whole or in part, in any form, of Timesquarestore.com of its contents, without the express written consent of TIMESQUARE is forbidden.
TIMESQUARE has the exclusive right to authorize or forbid the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of Timesquarestore.com and its contents. With regard to the use of Timesquarestore.com, you are only authorized to view the website and its contents. You are also authorized to carry out all those other temporary acts of reproduction, having no economic relevance of its own, which are considered transitory or accessory, an integral and essential part of the same visualization of Timesquarestore.com and its contents and all other navigation operations on the website that are performed only for a legitimate use of Timesquarestore.com and its contents.
You are not allowed to make any reproduction, on any medium whatsoever, in whole or in part of Timesquarestore.com and its contents. Any act of reproduction must be, from time to time, authorized by TIMESQUARE or, if necessary, by the authors of the individual works contained in the website.
Such reproduction operations must in any case be carried out for lawful purposes and in compliance with copyright and other intellectual property rights of TIMESQUARE and the authors of the individual works contained on the website. The authors of individual works published on Timesquarestore.com have, at any time, the right to claim the authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves including any act to damage caused to the works, whether of prejudice to their honor or reputation.
You undertake to respect the copyright of the artists who have chosen to publish their works on Timesquarestore.com or who have collaborated with Timesquarestore.com to create new expressive and artistic forms intended to be published, even if not exclusively on website, or, again, which form an integral part of it. Furthermore, you are not, under any circumstances, authorized to use, in any way and form, the contents of the website and every single work protected by copyright and any other intellectual property right. By way of example, you cannot alter or, in any other way, modify the contents and copyrighted works without the consent of TIMESQUARE and, where necessary, of the individual authors of the works published on Timesquarestore.com.
2. Content Warnings
TIMESQUARE has taken every precaution to avoid the publication, on the website, of contents that describe or represent scenes or situations of physical or psychological violence or such that, according to the sensitivity of Timesquarestore.com users, they can be considered harmful to civil convictions, human rights and the dignity of persons, in all its forms and expressions.
In any case, TIMESQUARE does not guarantee that the contents of the website are appropriate or lawful in other countries, outside of Italy.
However, if such content is deemed unlawful or illegal in some of these countries, please avoid accessing our website and if you choose, in any case, to access it, we inform you that the use you decide to make of the services provided by Timesquarestore.com will be your sole and personal responsibility.
TIMESQUARE has also taken every useful precaution in order to ensure its users that the contents of Timesquarestore.com are accurate and do not contain incorrect or outdated information, with respect to the date of their publication on the website and, as far as possible, even later.
However, TIMESQUARE assumes no liability to users for the accuracy and completeness of the content published by TIMESQUARE, on its website, without prejudice to its own liability for intent and gross negligence and unless otherwise provided by law.
Furthermore, TIMESQUARE cannot guarantee its users that the website will operate continuously, without interruptions and in the absence of errors or malfunctions due to the Internet connection.
For any problems encountered in using our website, please contact our Customer Service. A TIMESQUARE manager will be at your disposal to provide you with assistance and to help you restore the functionality of your access to the website, if this is possible.
Likewise, we recommend that you contact your Internet service provider or check that every device for Internet connection and access to web content is activated correctly, including your Internet browser.
Although TIMESQUARE will try to do everything possible to ensure continuous access to its website, the dynamic nature of the Internet and its contents may not allow Timesquarestore.com to operate without suspensions, interruptions or discontinuities due to the need to update the website.
TIMESQUARE has adopted adequate technical and organizational measures to safeguard the security of its services on Timesquarestore.com, the integrity of data relating to traffic and electronic communications with respect to forms of use or unauthorized knowledge as well as to avoid risks of dispersion, destruction and loss of data and confidential and non-confidential information, related to its users, on Timesquarestore.com, or of unauthorized access, or non-compliant with the law, to the data and information themselves.
4. Our trade policy
TIMESQUARE has adopted its own commercial policy; its mission is to sell products through its services and its website only to the "final consumer", meaning by this term a natural person who acts, on Timesquarestore.com, for purposes unrelated to his own commercial, entrepreneurial or professional activity carried out.
If you are not a final consumer, please do not use our services to purchase products on Timesquarestore.com. Otherwise TIMESQUARE will have the right not to take into consideration purchase orders from subjects who are not final consumers and any other purchase order that does not comply with the General Conditions of Sale and these General Conditions of Use.
5. Applicable law and dispute resolution
These General Conditions of Use are regulated by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code in Chapter I “Consumer rights in contracts”.