VAT No.: 07263400728
GENERAL CONDITIONS
These Terms and Conditions of Sale concern the purchase of products and services, made remotely via telematic network on the website www.toyzup.com belonging to Stefano Martinelli – Via Pitagora, 21 – 37138 Verona - VAT number: 07263400728.
Every purchase operation will be governed by the provisions of Legislative Decree no. 185/99 and, as regards the protection of privacy, will be subject to the regulations of Legislative Decree no. 196/2003 and subsequent amendments.
The Customer, by electronically sending confirmation of their purchase order, unconditionally accepts and undertakes to observe the general and payment conditions set out below.
These General Terms and Conditions of Sale must be examined online by customers visiting the toyzup.com website before they confirm their purchases. Therefore, sending the order confirmation implies total knowledge of these General Terms and Conditions of Sale and their full acceptance.
Toyzup.com is an online site for the sale of action figures, collector's items, and gadgets.
The purchase of products, available as illustrated and described online in the respective descriptive and technical sheets, is made by the Customer at the price indicated therein, to be confirmed at the time of submitting the order confirmation, in addition to the transport costs as specified below, and in any case displayed at the time of purchase.
Before confirming the purchase, the Customer will be shown a summary of the unit cost of each selected product, the total cost in case of purchasing multiple products, and the related shipping costs.
By confirming the purchase, upon completion of the transaction, the Customer will receive an email containing the Date and Total Amount of their Order and its details.
PAYMENT METHODS
Payment for the purchased products and the related shipping costs must be made by the customer at the time of submitting the order confirmation using one of the following payment methods:
- PAYPAL
- POSTEPAY TOP-UP
- BANK TRANSFER
SHIPPING METHODS
The purchased products will be shipped to the address indicated by the Customer.
The goods, if immediately available in stock, will be shipped within 24/48 hours after payment has been credited. In the case of products not yet available, they will be shipped as soon as they become available.
Shipments are usually made with SDA express courier or with Poste Italiane.
The shipping costs are visible at the time of checkout during the purchase process.
- PICK-UP OF GOODS
For those in the Verona area, it is possible, by prior arrangement, to collect the ordered goods directly.
PRE-ORDERS
For PRE-ORDERS, the customer pays a confirmatory deposit with which they reserve the item of interest, committing to pay the remaining part of the price when the same item arrives in the warehouse.
The "confirmatory deposit" and related "penitential deposit" are provided for by articles 1385 and 1386 of the Civil Code.
In case of cancellation of the signed pre-order by the customer, the deposit will not be refunded.
The release date of a product indicated is therefore ALWAYS APPROXIMATE.
RIGHT OF WITHDRAWAL
Any delays in the release of the items are not attributable to the sellers and therefore do not constitute grounds for the customer to request the return of the deposit paid at the time of signing the pre-order.
The customer is also aware that the release dates are approximate and subject to change as they depend on the production times of the respective manufacturers and the distribution schedules of the suppliers, and therefore fall outside the responsibility of the retail seller.
The balance for pre-ordered items must be paid within and no later than 10 working days from the notification of the arrival of the goods in the warehouse; If the customer continues not to pay the balance, their order will be cancelled and the deposit paid for the reservation of the item will not be refunded.
Pursuant to and within the limits set by Legislative Decree 22 May 1999, no. 185, the Customer has the right, within 14 working days from receipt of the requested goods, to exercise the right of withdrawal.
This right applies to all products with the strict exclusion of products delivered sealed and subsequently opened by the Customer or on products that the customer has requested on commission to be procured exclusively for them, as in the case of purchases through PREORDER, which concerns the purchase by reservation of an item not yet available.
In this case, in fact, withdrawal from the purchase does not provide for the return of the deposit paid at the time of signing the pre-order, since the seller ordered the item following the related order made by the customer.
In case of non-acceptance of the returned product because it was opened by the customer and/or in the absence of the above-mentioned conditions, the product will be sent back to the customer at their own expense.
Also pursuant to the aforementioned Legislative Decree 185/99, it should be noted that the right of withdrawal is exclusively reserved for customers who can be defined as "consumers," that is, only natural persons who purchase products for their own use and act for purposes not related to any professional activity carried out, thus excluding merchants, resellers, professionals, etc.
Methods for Exercising the Right of Withdrawal
To exercise the right of withdrawal, the Customer must contact us in advance and send, within 10 days from receipt of the goods, a registered letter with return receipt to the following address:
Martinelli Stefano - Via Pitagora 21 - 37138 - Verona (VR) - Italy
After receiving our confirmation, the customer may proceed to send the goods to the same address indicated above.
The costs of returning the item to the sender are borne by the Customer
Toyzup will reject any product in the event that the return shipping costs have not already been fully paid by the customer; or if the procedures and deadlines provided by law (art. 5 Legislative Decree 185/99) for communicating the exercise of withdrawal have not been respected; or in the event that the product has not been packaged with the original wrapping, or is not complete with all accessories, instruction manuals, and everything originally included, reiterating that, as these are collectible items, if they were sent to the customer factory sealed, returns will not be possible if they have been unsealed and opened.
WARRANTIES AND DEFECTIVE PRODUCTS
Products purchased through Toyzup.com are subject to the regulations, where applicable, of Legislative Decree 2.2.2002 no. 24 (Official Gazette no. 57, 8.3.2002) on sales contracts and warranties concerning consumer goods and, for matters not covered therein, to the specific provisions set out in the Civil Code. This warranty will apply to products that show conformity defects and/or malfunctions not detectable at the time of purchase, provided that the product itself is used correctly and with due diligence, in compliance with the various operating rules indicated therein. The aforementioned warranty will not apply in cases of negligence, carelessness in the use and maintenance of the product. Any malfunction of the products must be reported in writing by the customer within the legal deadline at the time of returning the defective product, a return that must be previously agreed upon.
Toyzup.com reserves the right to make a replacement only after verifying the actual defect. The request will be processed only if the returned package contains the following documents: order number and date, brief description of the detected defect. The costs of returning the item to the sender remain the responsibility of the Customer.
PRIVACY
Information for those interested in purchasing products on the website www.toyzup.com (art. 13 Legislative Decree 196/2003)
The personal data you have provided to us and that you will provide to us during the course of the relationship are processed for the purpose of fulfilling the obligations arising from the sales contract of which you are a party, as well as to comply with the resulting obligations imposed by laws, regulations, or EU legislation. Your personal data are processed for promotional and advertising purposes only if you have expressly and previously consented by "clicking" on the appropriate box on the registration form.
The processing is carried out, also with the aid of electronic means, in compliance with the methods that art. 11 of Legislative Decree 30 June 2003, no. 196 (hereinafter: the Law) provides for your protection and, in general, safeguarding your rights, fundamental freedoms, and dignity, with particular reference to privacy and personal identity. The processing will take place for a period of time not exceeding that strictly necessary to fulfill the purposes described above. The personal data you provide are not communicated to third parties.
We have adopted the minimum security measures for the processing of your personal data as provided by articles 33 et seq. of the Law. We undertake to adapt these measures in accordance with subsequent legislative changes, as well as in relation to the technical evolution of the sector and the experience gained.
The provision of personal data is your choice, but it is absolutely essential for us to pursue the purposes of the processing mentioned above. Failure to provide the data necessarily makes it impossible to fulfill the obligations arising from any sales contracts concluded.
The data controller, that is, the person responsible for decisions regarding the purposes and methods of processing your personal data, is Stefano Martinelli, as the owner of the Toyzup.com e-commerce site, domiciled at Via Pitagora 21 - 37138 Verona (VR).
Art. 7 of the Law, reported below, identifies the rights you hold in relation to the processing of your personal data mentioned above and that you have provided to us.
JURISDICTION AND COMPETENT COURT
This contract will be governed by Italian law. For any dispute relating to the validity, interpretation, or execution of this contract, the territorial jurisdiction is that of the court of Verona.
Art. 7 Legislative Decree 30 June 2003, no. 196 - Right of access to personal data and other rights
The data subject has the right to obtain confirmation of the existence or not of personal data concerning him or her, even if not yet recorded, and their communication in an intelligible form.
The data subject has the right to obtain information:
on the origin of the personal data;
on the purposes and methods of processing;
on the logic applied in case of processing carried out with the aid of electronic instruments;
on the identification details of the data controller, data processors, and the designated representative pursuant to article 5, paragraph 2;
on the subjects or categories of subjects to whom the personal data may be communicated or who may become aware of them as designated representatives in the territory of the State, data processors, or persons in charge.
The data subject has the right to obtain:
the updating, rectification, or, when interested, integration of the data;
the deletion, transformation into anonymous form, or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
certification that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except where this proves impossible or involves a use of means manifestly disproportionate to the right protected.
The data subject has the right to object, in whole or in part:
for legitimate reasons to the processing of personal data concerning him or her, even if pertinent to the purpose of collection;
to the processing of personal data concerning him or her for the purpose of sending advertising materials or direct sales or for carrying out market research or commercial communication.
VAT No.: 07263400728