The offer and sale of Products, as well as the provision of Services, on our E-commerce website are governed by these General Terms and Conditions, which, together with the order form, constitute the contract (hereinafter the “Contract“) that governs the relationship between Tonatto PROFUMI S.r.l.e/o NUOVA SANGAUS S.r.l., with registered office in Via Lagrange 10 10123 Torino, PEC nuovasangaussrl@pec.it, email [amministrazione@Tonatto.com], telephone [+39 011 8610807], VAT number 11218030010 (hereinafter, “Tonatto “) and the customer (“Customer“).

The Contract is subject to change by Tonatto , on the understanding that, in the relationship with the Customer, the rules laid down in the Contract published on the E-commerce website at the time of the Customer placing the order shall apply. The Customer may request any information directly on the E-commerce website at https://Tonatto.com/contact.
The languages available to conclude the Contract are: Italian and English.

Definitions
The terms and phrases listed below shall have the meanings indicated below, it being understood that terms defined in the singular shall also be understood as defined in the plural and vice versa:

“Reserved Area”: means a part of the E-commerce website, given for the exclusive use of the Customer, through which the Customer can, after authentication with their Account, access specific features made available by Tonatto ;

“Customer”: means any Consumer who purchases one or more Products through the E-commerce website, acting in accordance with the contract;

“Consumer”: means any natural person who acts on the E-commerce website for purposes unrelated to any entrepreneurial, industrial, commercial, craft or professional activity carried out, aged 18 years or older;

“E-commerce website”: means the virtual shop accessible through the URL https://Tonatto.com through which it is possible to purchase Products;
“Order Form”: means the document containing the indication of the Products chosen by the Customer, as well as the determination of the price and the payment method;

“Parties”: means Tonatto and the Customers jointly;
“Products”: means the items offered on the E-commerce website for sale.

“Services”: means the services offered free of charge by Tonatto to Customers through the E-commerce website;

Purpose of the Contract

The Contract governs and regulates the online sale of Products and Services by Tonatto Srl. to the Customer.
The essential characteristics of the Products are presented on the E-commerce website within each product page. The images, colours and textures of the Products offered for sale reproduce as faithfully as possible the real characteristics of the Products. However, these images may not correspond perfectly to reality, including for technical reasons. Consequently, Tonatto cannot be held responsible for any inadequacy of the images of the Products represented on the E-commerce website if this is due solely to technical reasons.
Tonatto offers its Products for sale exclusively to its Customers who are Consumers; if the Customer is not a Consumer, we invite the Customer to refrain from purchasing Products through the E-commerce website. Tonatto offers its products for sale both to Customers who qualify as Consumers and to Customers who do not qualify as Consumers; if the Customer does not qualify as a Consumer, we invite the Customer to contact us by following the instructions at the following URL: https://Tonatto.com/contact/.
In view of its sales policy, Tonatto reserves the right not to follow up on orders from persons other than Consumers or on orders that do not comply with its sales policy, or that appear abnormal or fraudulent, at its sole discretion, even without providing any notice to the Customer.
In any case, Tonatto reserves the right not to accept orders that appear abnormal in terms of the quantity of Products purchased or the frequency of purchases made.
The Customer is expressly prohibited from reselling, renting, leasing or transferring, for any reason or for any commercial and/or professional purpose, the Products purchased from the E-commerce website.
Without prejudice to mandatory legal regulations, if the purchased Product is destined for markets outside the European Union, it will be the Customer’s responsibility to inform Tonatto in writing of all the regulations applicable to the Product in the country of destination, including the technical specifications, also relating to the safety of the product, and the customs and import regulations. The Customer assumes sole responsibility for any non-compliance of the Product with the aforementioned regulations.
Tonatto provides its Services free of charge, such as:
free registration for scheduled Tonatto events, subject to acceptance of special terms and conditions;
tracking of purchases made by the User and storage of the relevant purchase history;
the creation and storage of the preferences expressed by the User (“wish list”);
It is understood that if the Customer does not register in accordance with the following clause 3.1. of the Contract, the Customer will not be able to use the Services made available by Tonatto and, therefore, the relevant obligations of the Contract will not apply.

Conclusion of the Contract
Registration: In order to proceed with the purchase of Products and/or the use of Services on the E-commerce website, the Customer may proceed with the registration procedure. In order to register, the Customer must correctly complete and send the registration form using the tools offered each time, indicating their information, truthfully, in the various fields. Following this procedure, a dedicated Reserved Area will be created and given to the Customer, who may view their purchases and modify their credentials.

The Reserved Area will be made available by Tonatto for an indefinite period of time, until further notice.
Tonatto reserves the right to verify that the email address entered is correct, by sending an email to the Customer and requesting that they open the message and click the link contained in the email itself.
The Client may, at any time, cancel their Reserved Area by sending an email to amministrazione@tonatto.com, communicating the data that may be requested.
Login: In order to proceed with the purchase of Products and/or Services, the Customer may authenticate themselves by entering their credentials in the login area.
Conclusion of the Contract: once authenticated, the Customer shall proceed with the operations aimed at purchasing the Product and/or the Services.

Before proceeding with these operations, the Customer must read the Contract, paying particular attention to the clauses governing the right of withdrawal. The Customer is also required to print a hard copy of the Contract and store a further copy on a durable medium to hold the information addressed to them personally, so that it can be accessed in the future for a period of time appropriate to the purposes for which it is intended and which allows the identical reproduction of the information stored there. A copy of the General Terms and Conditions may be sent to the Customer by email at the time of registration or at a later date.
In order to proceed with the purchase of Products and/or Services on the E-commerce website, the Customer must fill in the electronic Order Form and send it to Tonatto , electronically, following the instructions provided each time.
Before submitting the order form, the Customer must identify and correct any errors in the data entered. If the data does not conform, it is possible to proceed with the modification. In any case, for the purpose of greater protection of the Customer, Tonatto will send the latter a receipt of the purchase order, containing a summary of the information already contained in the Order Form, and a copy of the Contract itself, by email. In this regard, the Customer is obliged to verify receipt of this documentation, checking, if necessary, their email inbox.
The Customer is also responsible for checking the final sale price before submitting the corresponding Order Form, it being understood that the price applied to the product will be the price indicated on the site at the time the Customer places the order. If the Customer notices any irregularity, they must promptly notify Tonatto .
The Contract shall be deemed concluded when Tonatto electronically receives the properly completed Order Form, submitted by the Customer after verifying the success of the payment.
By submitting the Order Form, the Customer confirms that they have understood and accepted the Contract, as well as the additional information contained on the E-commerce website. Once the Contract has been concluded, Tonatto will accept the purchase order.

Purchase of products without registration: The Customer may proceed with the purchase of the Products present on the E-commerce website without registering.

Once the customer has entered the online store, they do not need to register or authenticate themselves, but can proceed with their purchase.
It is understood that non-registered Customers will not be able to take advantage of the free Services mentioned above and at the next purchase they will have to enter the data again when submitting the Order Form.
The Customer will, in any case, receive all the information related to the order as described in the Contract.

Security
Only the Customer shall use the credentials for registration and access to the Reserved Area. The credentials must not be passed on to third parties. The Customer undertakes to keep them secret and to ensure that no third party has access to them, taking all appropriate security measures to minimise the risk of unauthorised or improper access to the Reserved Area. The Customer undertakes to promptly inform Tonatto if they suspect undue use of or unauthorised access to their Reserved Area. Tonatto reserves the right to verify that the email address on file is correct, by sending an email to the Customer and requesting that they open the message and click the link contained in the email itself. The Customer guarantees that the personal information provided during the registration procedure and subsequently is complete and true.

Availability of Orders
In correspondence with each Product presented in the E-commerce area, Tonatto indicates whether the Product:
is available at its warehouses;
is not available at its warehouses;
is available “on request”;
cannot be purchased online.

Tonatto explicitly reserves the right not to indicate the availability of the Products presented on the E-commerce website.
Tonatto may not process purchase orders that contain incomplete or incorrect data or if the Products are not available.
The type of Products and/or Services published and their availability may change at any time without this entailing any liability for Tonatto towards the Customer.
The indication of the availability of Products and/or Services is not binding, it being understood that Products indicated as “not available” cannot be ordered by the Customer.
If a Product and/or Service is indicated as available “on request”, this means that the Product is not immediately available at that time, but can still be ordered.
In the event that the Products and/or Services presented on the E-commerce website are no longer available or on sale at the time the Order Form is submitted and Tonatto is consequently not in a position to follow up on the purchase offer, Tonatto will inform the Customer of this circumstance by email, reimbursing the amount previously paid within 15 days from the date of the order.
Finally, if the Products and/or Services chosen by the Customer cannot be purchased online, the Customer can request to be directed to the nearest retailer to purchase the Products.

Product warranty requests
Each product sold through the E-commerce website is subject to a legal warranty, provided directly by Tonatto within the terms of the Law, of 2 (two) years from the date of delivery.
The warranty must be requested directly by the Customer within two months from the discovery of the defect, by sending Tonatto a registered letter with return receipt or equivalent technology, to the address indicated above, indicating the defect found. The Customer must therefore keep the proof of purchase of the Product.
Unless there is proof to the contrary, it shall be presumed that the non-conformities that become apparent within 6 (six) months from the moment the Product was delivered already existed on that date, unless this is incompatible with the nature of the Product or the nature of the non-conformity.
The warranty described herein shall apply in case of normal wear and tear of the Product; on the contrary, it shall not apply in case of modifications made to the Product, in case of inappropriate use of the Product or in case of non-compliance with the maintenance rules of the Product itself.

Warranties offered.
After the notification of the non-conformity, Tonatto reserves the right to offer the Customer the appropriate available remedies.
In the event of a non-conformity, the Customer shall, in any case, be entitled to have the conformity of the Product restored, without charge, even by means of replacement, or to an appropriate reduction in the price, or to terminate the Contract concluded, in accordance with what is set out below.

Repair and replacement
For the purpose of restoring the conformity of the Product, the Customer may choose between repair and replacement, provided that the solution chosen by the Customer is not impossible or, compared to the alternative solution, does not impose disproportionate costs on Tonatto , taking into account all circumstances, including in particular:
the value that the Product would have in the absence of the non-conformity;
the extent of the non-conformity;
the possibility of pursuing the alternative solution without significant inconvenience to the Customer.
Tonatto may refuse to bring the Products into conformity if repair or replacement is impossible or if the costs it would incur are disproportionate, taking into account all the circumstances of the case, including those indicated above.
For the purposes of repair and/or replacement of the Product, the Customer must communicate the following information to Tonatto : the batch number to which the Product belongs; photographs showing the Product. It is understood that Tonatto reserves the right to request further information from the Customer for the purposes of exercising the right of repair and/or replacement.

Price reduction or termination
The Customer shall be entitled to a proportional reduction of the price or to termination of the Contract in any of the following cases:
Tonatto has not repaired or replaced the Products or, Tonatto has refused to bring the Products into conformity;
a non-conformity appears despite Tonatto ‘ attempt to restore the conformity of the Product;
the non-conformity is so serious that it justifies an immediate reduction in price or termination of the Contract;
Tonatto has declared, or it is clear from the circumstances, that it will not restore the conformity of the Product within a reasonable period, or in any case without significant inconvenience to the Customer;
A minor non-conformity for which the solution of replacement or reduction in price could not be exercised or is excessively expensive shall not entitle the parties to terminate the Contract. The burden of proof as to whether the non-conformity is minor shall be on Tonatto . The price reduction is proportional to the decrease in value of the Product received by the Customer compared to the value of the Product itself, if it had been in conformity.

Termination
If the Customer has the right to terminate the Contract, they must express their decision to terminate the Contract by means of a specific communication by registered letter with return receipt (or equivalent technology), to be sent to Tonatto at the addresses listed above.
If the Customer terminates the Contract in whole or in part or in relation to only some of the Products:
a) they must return the Products, at the expense of Tonatto ;
b) Tonatto shall reimburse the Customer for the price paid for the Product following receipt of the good or, in the event of a price reduction, following receipt of evidence provided by the Customer that they have returned the good.

Repair and replacement
Repair or replacement shall be carried out:
without charge;
within a reasonable period of time;
without significant inconvenience to the Customer.
If the lack of conformity is to be remedied by repair or replacement of the Products, the Customer must make them available to Tonatto , in the manner defined by Tonatto , which will take back the replaced Products at its own expense.

Carrier and shipping
Shipping costs for the purposes of exercising the warranties defined herein shall be borne by Tonatto , which may decide, at its own discretion, the carrier to be used and the manner of shipment. The Customer, for their part, is required to comply with the shipping conditions defined by Tonatto.

Reimbursements
Any reimbursement of sums due under the warranty will be carried out by Tonatto within a reasonable time, in accordance with the Contract, by the same means as those used by the Customer to conclude the Contract, unless the Customer has expressly notified Tonatto otherwise.

Additional warranties
Additional commercial warranties, offered by manufacturers or third parties, bind the latter according to the conditions established in the relevant commercial warranty statement and advertising, and are to be understood as extraneous to the relationship between Tonatto and the Customer.
Tonatto reserves the right to contact the Customer in order to suggest the correct use of the Product, also in relation to environmental or weather variations, as well as to send spare parts or other goods that allow the best use of the Product.

Prices
The prices of Products and/or Services and delivery charges may be subject to updating and are inclusive of VAT, where applicable.
If the price of a Product and/or Service is discounted according to the indicated discount percentage, this indication will refer to the price listed on the E-commerce website on the day prior to the discount.
The prices of the Products and/or Services, including taxes and duties, are indicated on the product page. Shipping costs, included in the total cost shown in the Order Form, are charged to the Customer in Italy and the EU in a lump sum that varies according to the total volume of the shipment. The latter will be free of charge for orders over [150] Euros to be shipped in Italy and over [250] Euros to be shipped in the EU. For shipments outside of the EU shipping cost will be proposed at the moment of the confirmation of the order.
The prices of the Products and/or Services are valid until the purchase procedures are completed.

Payment methods


The Customer may pay the price due by:

Credit card
PayPal (with a PayPal account)
Bank transfer
Local Payments
Google Pay
Apple Pay

Tonatto reserves the right to change or implement, at any time, the payment methods that can be used by the Customer, it being understood that those published on the E-commerce website at the time the Customer sends the order will be used.



12.1      Credit card
In the event of payment by credit card, once the credit card details have been verified and authorisation to debit has been received from the company issuing the credit card used by the Customer, the price indicated on the Order Form shall be charged to the Customer.
The credit card data, such as card number, expiration date and CVV code, entered by the Customer to pay for the order, are protected and are sent directly to the banking company that handles payments. Payment is made directly on a secure server, with an SSL encryption key to guarantee the absolute security of the transaction.
By clicking on the “Save” box, the Customer accepts that the credit card number and its expiry date will be kept and saved for the following orders.
12.2 PayPal
In the case of payment by PayPal, when the Customer sends their orders, the web session will be transferred to PayPal’s secure website. On this site, the Customer can pay the price using their PayPal account in accordance with the conditions of use of the PayPal service subscribed to by the customer at that time or previously, thus not disclosing their financial information to Tonatto . The price is debited from the Customer’s PayPal account at the same time as the order confirmation is sent.

12.3 Bank transfer



If payment is made by bank transfer in advance, the order will only be processed after confirmation that the full amount has been credited.



12.4 Local Payments
Payments are handled independently by third party services. This Website does not collect payment information – such as credit card numbers – but you will be notified once your payment is successful. The information you provide will not be shared with Tonatto, but will be handled directly by the application itself. Tonatto will not be liable in any way for delays and/or damages caused during the reimbursement process.

12.5 Apple Pay



Payments are handled independently by third party services. This Website does not collect payment information – such as credit card numbers – but you will be notified once your payment is successful. The information you provide will not be shared with Tonatto, but will be handled directly by the application itself. Tonatto will not be liable in any way for delays and/or damages caused during the reimbursement process.

12.6 Google Pay



Payments are handled independently by third party services. This Website does not collect payment information – such as credit card numbers – but you will be notified once your payment is successful. The information you provide will not be shared with Tonatto, but will be handled directly by the application itself. Tonatto will not be liable in any way for delays and/or damages caused during the reimbursement process.
Under no circumstances may the price of the Products and/or Services vary according to the means of payment chosen.

Shipping and delivery of Products

Tonatto is not obliged to ship the Products until it has received payment of the price; once it has received payment of the price, Tonatto undertakes to ship the Products within 10 non-working days.
Shipping is limited to the region served by the store. Tonatto guarantees the shipment of the Products via express couriers selected according to the Product and the place of destination.
The Customer can check the status of orders through the “Order Tracking” function provided by the courier chosen. This check can only be carried out by the Customer after the Products have been shipped.

Checking the integrity of the Product

The Customer is obliged to check, at the time of delivery of the Product, that the packaging and/or the Products are intact, not damaged and unaltered.
The Customer must also check the integrity of the labelling of the Products at the time of delivery of the Products.
Any damage to the packaging of the Products must be immediately detected by the Customer through the acceptance of the package conditionally on the courier’s proof of delivery, and must also be communicated within 48 hours of receipt to Tonatto , by registered letter with return receipt or equivalent technology.
Otherwise, and in particular, once the courier’s document has been signed without any objection, the package shall be deemed to have been received unconditionally.
Special packaging, if requested, must be approved by Tonatto and its cost will be borne by the Customer and stated in the Order Form or, if requested later, when the Order Form is sent, but in any event before shipment, this cost will be communicated in writing by Tonatto .
The Customer is obliged to read the instructions for the correct storage of the Products as shown on the labels of the Products themselves. In particular, the Customer is obliged to store the Products in a cool, dry place, away from sources of heat or excessive exposure to light. The Customer is aware of the flammability of the Products. The Customer is also obliged to read the list of ingredients of the Products, as they contain potential allergenic substances. The Customer is obliged to observe the special precautions indicated on the labelling for the proper use of the Products, in particular by avoiding excessive use of the Products. The Customer is obliged to take note of the maximum shelf life or expiry date specified on the labelling and/or packaging of the Products. It is understood that the Products may lose their original characteristics once the period indicated on the labelling of the Products has expired.

Delays in deliveries

If, for reasons not attributable to Tonatto , it is not possible to deliver the Products in the manner and time specified, Tonatto will notify the Customer, communicating, where possible, new times and methods. By concluding the Contract, the Customer accepts the possibility of such delays. If the delay in delivery exceeds 90 days, the Customer is entitled to terminate the Contract.

Right of withdrawal

The Customer has the right to withdraw from the Contract concluded with Tonatto without giving any reason and without any penalty within 14 (fourteen) days, starting from the day on which the Customer or a third party, other than the courier, acquires physical possession of the Product. The date indicated on the courier’s delivery document shall be considered the authentic date.
The right of withdrawal must be exercised by the Customer by sending Tonatto a written communication, by email or ordinary post, containing their intention to exercise the right of withdrawal as well as:
the indication of the order number which gave rise to the Contract from which they intend to withdraw;
the Product code;
the number of pieces of the Product ordered;
the photograph of the Product;
the date of the order;
the date of delivery;
the name of the purchaser;
the purchaser’s address.
For the purposes of compliance with the withdrawal period, it is sufficient for the Customer to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period, which must necessarily be followed by confirmation by registered letter with return receipt within the following 48 (forty-eight) hours.
If the Customer exercises the right of withdrawal, the Customer must return the Products to Tonatto without undue delay and, in any case, within 14 (fourteen) working days from the date of the notice of withdrawal. The term is thus respected if the Customer returns the Products before the expiry of the period of 14 (fourteen) days from the sending of the withdrawal notice.
The Products shall be returned to the following address:

Tonatto Profumi Srl
STRADA FORNACINO 106
10040
LEINI’ (TO)
Italia

It is understood that unsealed Products will be considered unsuitable for return, for hygienic and sanitary reasons, including, but not limited to, Products without a lid and/or cap.
If the Customer withdraws from the Contract, all payments made to Tonatto , including shipping costs incurred, will be refunded without undue delay and, in any case, no later than 14 (fourteen) days from the day on which Tonatto was informed of the decision to withdraw from the Contract.
Refunds will be made using the same means of payment used for the initial transaction, unless the Customer has expressly notified Tonatto otherwise.
Refunds may be withheld by Tonatto until receipt of the Products or until the Customer demonstrates that they have returned the Products.
The costs associated with the return of Products are borne entirely by the Customer.
The Product must be returned intact and in its original packaging. If the Customer exercises the right of withdrawal in a manner that does not comply with the procedures and terms of this article, they will not be entitled to a refund.
If the Products are returned to Tonatto by the courier with the cause “address unknown”, the Customer will be contacted by Tonatto and can choose whether to have the order resent, if the Product is still available, or to be refunded the amount already paid.
If the order consists of several Products, Tonatto reserves the right to proceed directly to refund the amount paid by the Customer if more than one Product from the same Order Form has been returned to Tonatto with the cause “unknown address” specified.
If the cause of the Product return to Tonatto by the courier is “address unknown”, (parcel) “not collected” or (parcel) “refused”, Tonatto does not guarantee the possibility for the Customer to reserve the same Products if they are out of stock, and can therefore proceed with the refund of the order.
If, in the latter three cases, the impossibility of delivery is due to a fault attributable to the Customer, Tonatto reserves the right to charge the return shipping costs to the Customer.

Applicable law and competent court
The Contract shall be governed by Italian law.
In the event of a dispute arising from the interpretation of the Contract and/or connected, directly or indirectly, to the Contract, the competent Court shall be the court of the place of residence or domicile of the Customer, if located in the Italian territory.

Complaints
For all complaints, please contact Tonatto directly at the addresses given in the introduction.

Privacy
The Customer is required to read the privacy policy directly on the E-commerce website in the Customer Service Area – Privacy policy [ https://tonatto.com/privacy-policy/].

Contact Address
You can contact Tonatto directly if you have any questions by writing to: [amministrazione@Tonatto.com] or directly on the E-commerce website in the area [https://Tonatto.com/contact/].

Online Dispute Resolution Regulation
The European Commission provides consumers the possibility to resolve disputes online pursuant to Article 14 Paragraph 1 of the Online Dispute Resolution (ODR) on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a location where consumers can seek out-of-court settlements for disputes arising from online purchases and service contracts.