GENERAL TERMS AND CONDITIONS
The offer and sale of products on the atma-yoga.it website are governed by these general terms and conditions.
The offered products are sold directly by Laura Tonella sole proprietorship, with registered office in Via delle Mollie 18, 13900 Biella, Italy VAT No. 02582260028.
The purchase agreement is available in Italian and English.
In view of the supplier’s commercial policy, the supplier reserves the right not to fulfill orders that do not conform to the commercial policy.
These terms and conditions can be viewed at any time under “Terms and Conditions” found on the atma-yoga.it website.
The buyer will be able to find any information about ATMA Feed your soul through the support services firstname.lastname@example.org.
1. Supplier identification
The goods covered by these general conditions of sale and displayed on the atma-yoga.it website are the property of Laura Tonella sole proprietorship.
Reproduction of the site is forbidden.
Unauthorized use of the atma-yoga.it website may result in claims for damages and/or constitute a criminal offense.
All content published on atma-yoga.it is subject to intellectual property laws and protected by copyright.
You may not copy, alter, translate, distribute, use, store, and/or publish the contents of atma-yoga.it.
Downloading, viewing and printing the contents of the atma-yoga.co.uk website is permitted for personal use only and excludes the purchaser from claiming any rights to the material contained therein.
2. Contract recipients
Purchase orders will be shipped within the Italian territory, UE member countries and some EXTRA UE countries (Liechtenstein, Norway, UK, Switzerland, USA).
The seller offers for sale, on atma-yoga.it, products and conducts its own e-commerce business. Only “subjects” with valid delivery address can proceed to purchase items.
The sales contract and these General Terms and Conditions are addressed both to Consumer subjects – that is, natural persons who, pursuant to art. 3 of the Consumer Code, act for purposes unrelated to the entrepreneurial, commercial, craft or professional activity carried out – and to Professionals. If the end user is a Consumer subject, the rules of the Consumer Code (Legislative Decree 06.09.2005, No. 206 as amended and supplemented) apply. The Professional end user must have a VAT number.
3. Contract Conclusion
The presentation of goods on the atma-yoga.it website constitutes an invitation to bid.
In order to proceed with the purchase, the buyer must register on the website, indicating “username” and “password” (“Access Codes”) and filling out the order form in electronic format. The buyer is prohibited from entering false and/or invented and/or fictitious data in the registration procedure.
Should the buyer forget his password, he will be able to access the dedicated area via the “retrieve password” item; automatically the system will allow to generate a new password. Within their personal area, the buyer will be able to check individual orders already placed.
To purchase one or more items, you can select them one at a time and add them to the shopping cart. Once you have selected the items you intend to purchase, you can proceed to close the shopping cart and place the order. At this point, a summary page appears showing the items selected by the buyer, the price (including taxes), and the options (with associated costs) for delivery.
The buyer will be asked to choose the preferred delivery option and payment method.
In the order form there is a link to the General Terms and Conditions of Sale which must be accepted before placing the order.
To place the order, the buyer must click on the “place order” button.
The order will be considered as a contractual purchase proposal addressed to the supplier for the listed items.
Upon receipt of the order will be sent to the buyer automatically a message of taking charge of the order itself (“Order Confirmation”) which does not constitute acceptance of the proposed purchase; with the sending of the Order Confirmation by email is confirmed only that the order has been received and has undergone the process of data verification and availability of the items requested by the customer.
The sales contract with the supplier will be concluded only when the supplier sends a separate e-mail stating “Order Completed,” which will contain summary details of the order, as well as a reference to these general terms and conditions.
This e-mail will be followed by another one that will be sent directly by the courier who will take/have charge of the shipment, containing information regarding the shipment of the product and the expected date of delivery and a tracking number that will allow the shipment itself to be tracked. Acceptance of the proposal also implies the buyer’s acceptance of these general conditions of sale, also pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code.
In the event that the order is processed through multiple shipments, the buyer may receive separate Shipment Confirmations.
The buyer may cancel the order before receiving the Shipment Confirmation, provided that the order has not been prepared for the shipment process. In this case, no cost will be charged to the buyer.
Before doing so, the buyer is required to verify the correctness of the data entered. The order cannot be completed if it is incomplete or incorrect or if the solvency guarantees are insufficient. In this case, the supplier will notify by e-mail that the contract has not been concluded, specifying the reasons.
The provider reserves the right to vary and suspend service at any time. Even acting with utmost diligence, downtime cannot be ruled out.
The Order Confirmation will be stored in the site’s database for the period of time necessary to process the order and, in any case, within the terms of the law.
4. Characteristics and availability of goods
The products offered for sale on atma-yoga.com are first-rate models. No irregular products are offered. Information on the main characteristics of the merchandise (materials, colors, sizes and prices) and the availability of the items being sold are listed on the site as well as on the presentation page of each item.
Each product has an identification tag that is an integral part of the good.
Laura Tonella sole proprietorship will not be responsible if the images and colors reproduced on the atma-yoga.it website do not match the real ones due to the internet browser and/or monitor used.
Item offers and prices are valid as long as they remain visible on the site and while supplies last.
The system is updated with current stock availability, but there may occasionally be inconveniences regarding the availability of certain products. In such cases, upon receipt of the purchaser’s order, the supplier will notify the purchaser without delay, but no later than thirty working days from the day following the day on which the purchase order is transmitted, by e-mail, if some of the ordered items are not available and delivery time of the order placed. If, in the meantime, the amount has already been paid, the purchaser may notify whether he intends to wait for the goods or obtain a refund of the price, which will take place no later than thirty working days. If, due to misunderstandings or other inconveniences, the price listed on the site is lower than the correct sale price of an item, the seller will take care to contact the buyer to verify whether he or she equally wishes to purchase the item at the correct price, otherwise the order cannot be accepted.
If the correct price of an item is less than the price listed on the site, the buyer will be charged only the lower correct price and the item will still be shipped.
All sales prices of the items displayed and indicated within the website are in euros (€) and constitute an offer to the public in accordance with Article 1336 of the Civil Code.
Sales prices include VAT, excluding shipping costs and taxes or customs duties levied by the state of receipt of the goods, which are in any case the responsibility of the customer.
Shipping costs and ancillary charges, if any, not included in the purchase price, will be indicated and calculated in the purchase procedure before the buyer submits the order and also contained in the summary web page of the order placed.
Should the goods ordered be delivered outside of Italy, the buyer may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs are the responsibility of the buyer. Customs policies vary considerably from country to country. When the buyer places an order on the site, he is considered an importer and is therefore required to comply with all laws and regulations of the country in which he will receive the goods. Deliveries across borders are subject to opening and inspection of the items by customs authorities.
Product prices may be subject to change and/or update; purchaser should check final price before proceeding to Order Confirmation.
6. Payment and refund arrangements
Any payment by the buyer may be made only by one of the methods indicated on the appropriate page of the website (credit card or Paypal). The accepted credit cards are: Visa, American Express, Mastercard, Paypal.
For wholesale sales only, the Seller will indicate alternative payment methods.
The charge will be made at the “Order Confirmation”.
The order will be considered concluded only after the credit card information has been verified, charge authorization has been received from the issuing bank, and the availability of the goods in stock has been confirmed.
Financial information will be forwarded to the bank providing the remote electronic payment service, but will not be accessible by third parties. This information will be used by the provider only and exclusively to complete the purchase or in the case of any refund in case of withdrawal or if it is necessary to prevent or report to the police the commission of fraud on atma-yoga.it
Any reimbursement to the purchaser will be credited by the same method of payment chosen by the purchaser, in a timely manner and, in the case of an exercise of the right of withdrawal, no later than 30 days from the date on which the supplier became aware of the withdrawal.
7. Delivery time and mode
The supplier will deliver the selected and ordered items by courier in accordance with the terms of the contract between the supplier and the hauler/transport company, to the address specified as the delivery address. The signature of a person of legal age, either the purchaser or a person appointed by the purchaser, will be required upon delivery of the goods. Any mismatch of packages and any damage to the packaging must be reported immediately by placing a written inspection reservation on the courier’s proof of delivery. The supplier is not responsible for any verbal or written agreement made between the purchaser and the shipper. Orders will be processed and delivered Monday through Friday, excluding holidays, national holidays, and summer and Christmas closing periods.
Products are delivered to the buyer within 7 business days after the conclusion of the purchase contract for Italy, within 15 business days after the conclusion of the purchase contract for the EU and within 20 business days after the conclusion of the purchase contract for the Rest of the World.
Estimated times for mailing and delivery of items are only approximate and cannot be totally relied upon.
This delivery term is indicative and not binding; Laura Tonella sole proprietorship assumes no responsibility for any prejudice resulting from delays in delivery. In the event of non-delivery to the address indicated by the buyer in the order or in the event that the data entered, when filling in the shipping address, are incorrect or incomplete, the goods will be delivered to the point of withdrawal and / or warehouse of the courier closest to the delivery address and the buyer will be notified by e-mail. In the event that the goods are not picked up by the buyer, they will return to the sender. Any new shipping and storage charges will be borne by the buyer. In case the buyer decides to cancel the order, the costs incurred for the first shipment will also be deducted or withheld from the refund.
In the event that the supplier is unable to make the shipment within this period, but still in accordance with the provisions of Article 61 of the Consumer Code, timely notice will be given by e-mail to the buyer.
Goods are delivered only to the territories specified in these general terms and conditions, and deliveries cannot be made to a P.O. Box address.
It is not possible to group two separate orders executed separately; shipping charges will be applied to each.
If upon receipt the goods purchased should be different from those referred to in the order placed, the buyer must promptly notify the seller of the circumstance, no later than 14 business days and arrange to return the product by courier or local postal service. The seller, upon receipt of the returned package, will ship the correct product to the buyer. In this case, both shipping costs (return of the incorrect product and delivery corrected product to the buyer) will be borne by the seller.
8. Shipping costs:
EU 1: Austria, Belgium, France, Germany, Luxembourg, Netherlands, Romania.
EU 2: Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, Greece, Ireland, Latvia, Lithuania, Malta, Poland, Portugal, San Marino, Slovakia, Slovenia, Spain, Sweden, Hungary.
EXTRA EU: Liechtenstein, Norway, Switzerland, United Kingdom.
The relevant shipping costs will be calculated and indicated at the final stage of purchase.
The buyer is encouraged to always check the final price of the products before proceeding to payment and order completion.
All international customers are responsible for covering taxes and/or duties or any brokerage fees applied to international shipments.
9. Withdrawal Right
The Consumer end-user has the right to withdraw from the contract for any reason, without explanation and without penalty, subject to the exceptions indicated below, within 14 days of receipt of the goods. In this case, the buyer must return the products to the Seller by handing them over to the courier for shipment within 14 working days starting from when he received the products. It is not possible to exchange the chosen goods for other.
If the purchaser has appointed a person he or she trusts to collect the goods, his or her right of withdrawal shall commence on the day the goods are delivered to the person designated by him or her, except as provided above.
In order to exercise the right of withdrawal, the relevant notice must be sent before the expiration of the 14-day period.
In case the buyer decides to avail himself of the right of withdrawal, he must give notice to the seller by registered letter with return receipt at the registered office indicated above or by e-mail at email@example.com, which must contain, pursuant to 49 paragraph 1 letter h) of the Consumer Code, what is indicated in Annex 1 letter B of the Code. Or fill out the return form found in the dedicated section. For the purposes of exercising the right of withdrawal, the sending of the communication may validly be replaced by the return of the purchased goods, provided that the same terms.
The goods must be returned by courier or local postal service in the original, undamaged packaging; the identification tag must be attached to the goods and is an integral part of the goods. It is understood that only unused, unworn, unwashed and undamaged products may be returned. Laura Tonella sole proprietorship will not be responsible for damages resulting from improper use of the product.
Returned products must be sent to the Seller in one shipment. In fact, the Seller reserves the right not to accept items from the same order, returned and shipped at different times.
No refunds will be provided for returns that do not meet these conditions; in such cases, the purchaser may re-obtain, at his or her own expense, the goods in the state in which they were returned. Otherwise, the supplier may retain the goods in addition to the amounts already paid for their purchase. Returns are not accepted on sale or promotion merchandise and “Gift card” item/service, so items purchased at a discounted price will not be refunded. No exchanges will be made.
10. Effects of exercising withdrawal
The seller will refund all payments received in connection with the item for which the purchaser has exercised the right of withdrawal, including the cost of the first shipment, within 14 days from the day the notice regarding the exercise of the right of withdrawal is received.
The buyer in Italy may use the forwarding agent used by Laura Tonella Ditta Individuale for the delivery of the goods (BRT/GLS/DHL) and for this purpose must fill out the return form or contact the Seller at the email address firstname.lastname@example.org to arrange the pickup with the courier (BRT/GLS/DHL). In this case, payment of the cost of returning the purchased products will be made, on behalf of the buyer, directly by the Seller, which will release the buyer from any payment obligation to the shipper. The Seller, for the payment of the return, will deduct from the refund an amount equal to the cost of shipping for the return of the goods themselves of 6.90€.
In the event that the buyer decides to avail himself for the return of the goods to the seller of different shipping agent, the shipping costs will be understood to be his sole responsibility. With regard to the exercise of withdrawal abroad (EU and the rest of the world), the buyer must make use for the return of the goods to the seller of its own forwarding agent or its own national postal service, the shipping costs for the return will therefore be understood to be at its sole expense.
Returned goods must be sent to the address: Laura Tonella Sole Proprietorship, Via delle Mollie 18, 13900 Biella (BI) Italy. The buyer must imperatively provide the tracking number of the return shipment.
The seller reserves the right to withhold the refund until it has received the goods. In any case, to be entitled to a full refund of the price paid on the products purchased, including the cost of shipping to Italy, excluding the cost of shipping to foreign countries, the goods must be returned undamaged and, in any case, in normal condition. If the returned items show damage or signs of wear resulting from handling not necessary to establish their nature and characteristics, the supplier shall be entitled to withhold from the refund an amount corresponding to the decrease in value.
Upon receipt of the notice by which the purchaser communicates the exercise of the right of withdrawal, the parties shall be released from their mutual obligations, subject to the provisions of the preceding paragraphs of this Article.
In the event of return of merchandise purchased through the “Gift Card” service, the supplier will not provide a refund, but will offer a voucher equal to the value of the merchandise purchased by the purchaser, excluding initial shipping charges, if applied, expendable within 3 months of the issuance of the voucher. For return point No. 9 Withdrawal Right.
11. Limitations of liability
The supplier will not be liable in case of delay in delivery of purchased goods due to insufficient stock. It shall also not be liable in case of insubstantial differences between the purchased goods and their illustrative pictures and text descriptions published on the atma-yoga.it website. Except in cases of willful misconduct or gross negligence, the supplier will only be liable for direct and foreseeable damages at the time of the conclusion of the sales contract. Therefore, it will not be liable for any losses incurred, lost profits, or any other damage that is not an immediate and direct consequence of its non-performance or that was not foreseeable at the time of the conclusion of the sales contract.
The supplier will not be responsible in case of delay in delivery of purchased goods due to third parties.
The supplier is not responsible if the items covered by these general conditions do not arrive intact to the buyer as stipulated in the contract between the seller and the hauler/transport company.
Therefore, the supplier will not be responsible for defects in the goods caused by delivery made by a third party.
Laura Tonella sole proprietorship shall not be held responsible for the total or partial non-fulfillment of the obligations undertaken under these general conditions of sale in the event that the non-fulfillment is due to force majeure (by way of example but not limited to: cases of disruption, strikes of postal services, means of transport and/or communication).
12. Buyer’s duties
The buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.
The buyer agrees, after the completion of the online purchase process, to ensure that the order of the general conditions of sale.
The information contained therein is intended to be already viewed and accepted by the purchaser, who acknowledges this, as this step is made mandatory prior to confirmation of purchase.
13. Use of personal data
14. Applicable Law and Jurisdiction
These general terms and conditions of sale are governed by and must be interpreted in accordance with Italian laws, Legislative Decree 06.09.2005 no. 206 on the Consumer Code, with specific reference to the regulations on distance contracts and Legislative Decree 09.04.2003 no. 70 on certain aspects concerning electronic commerce, and are an integral part of the contract of sale.
For the Professional end-user in Italy, for all disputes arising from the interpretation and/or execution of the contract of sale and these General Conditions the competent Court shall be the Court of Biella.
If the end user is a Consumer, the place of jurisdiction is exclusively that of the place of residence or domicile of the Consumer if located in the territory of state, which is mandatory under the Consumer Code.
In any case, the purchaser agrees as of now to resolve any disputes – in advance of court – through alternative dispute resolution (ADR) methods, such as mediation or assisted negotiation, even where their trial is not mandatory.
Notice is hereby given that for the Consumer residing in Europe, the European Commission has established an online platform that provides an alternative dispute resolution tool to settle out-of-court any disputes relating to contracts for the sale of goods and services concluded online and/or arising from them. The European platform is available at the link: https://webgate.ec.europa.eu/odr
15. Final Provisions
Laura Tonella sole proprietorship’s failure to exercise its rights under these general conditions does not imply a waiver of those rights and does not affect Laura Tonella sole proprietorship’s ability to avail itself of those rights at a later date.
The buyer is not relieved of his commitments to timely and full performance of his obligations provided for in these general conditions of sale.
The nullity and/or ineffectiveness of any of these clauses will not result in the nullity and/or ineffectiveness of the general conditions of sale as a whole, which will continue to be fully valid, effective and binding.
Laura Tonella sole proprietorship reserves the right to modify these general conditions of sale by publishing the new conditions on the website atma-yoga.it. The applicable general conditions of sale shall be those in effect at the time when the conclusion of the contract of sale was finalized.
Any communication and/or statement regarding the contractual relationship must be made in writing by email to the address email@example.com.
Last updated date 02/02/2023