1. General information

This website www.toscashop.eu/en-gb (the "Website")  is operated by TOSCA SERVICES UK LTD with a registered address at 3rd Floor, Castlemill, Burnt Tree, Dudley, DY4 7UF United Kingdom (hereinafter "Tosca") to facilitate business-to-business (“B2B”) sales of Tosca’s products to its business customers (the “Customers”).

These General Terms & Conditions (the "General Terms & Conditions") govern the B2B sale to Customers of the products marketed through its Website (hereinafter the "Products").

Please note that the General Terms & Conditions are supplemented by our Privacy Policy and our Cookies Policy. Please read these documents carefully before browsing the Website or placing any order for Products through the Website. By using this Website and/or placing an order through the Website, the Customer agrees that these General Terms & Conditions. All terms and conditions of the Customer shall not apply and shall be superseded by these General Terms & Conditions.

2. Conditions of use of the Website

Accessing and using this Website confers upon you the status of Customer, and by doing so you accept these General Terms & Conditions, which include the Terms of Use set out below. Anyone who visits the Website to browse the Products and other content will be deemed to be a Customer. 

By accessing and browsing the Website, you agree to use it in a lawful and fair manner. In particular, you agree to (i) use the Website only to place legally valid orders, (ii) not to make any false or fraudulent use or orders, (iii) provide us with accurate information about yourself, and in particular your contact details, and to make diligent and confidential use of the access data provided. If TOSCA has reasonable grounds to suspect that you have placed such an order, it shall be entitled to cancel it and, if it deems it appropriate, to inform the relevant authorities.

By accessing and using this Website, you agree to use it responsibly and ethically. This includes refraining from activities that may compromise the integrity of the site, its users or any associated systems. You specifically agree not to intentionally introduce viruses, Trojans, worms or other harmful programs that may adversely affect the site or its users.

You understand and agree that any attempt to gain unauthorised access to the Website or the servers on which it is hosted constitutes a violation of these General Terms & Conditions and may be subject to legal action. In the event of a breach of these provisions, you understand that you will lose your right to access the Website and agree that TOSCA may inform the competent authorities and cooperate with them to identify you.

It is important to note that TOSCA assumes no responsibility for any damage or loss that may result from the use of the Internet, including, but not limited to, computer attacks, viruses or other harmful programs that may affect your device, data or materials downloaded from or linked to the site.

Third-Party Content: In the event that the Website contains links to other websites or materials provided by third parties, you understand that such links are provided for informational and convenience purposes only. Consequently, TOSCA assumes no responsibility for the content of these pages or materials, nor for any damage or loss that may arise from the use thereof.

It is important to understand that by accessing these links, you are leaving our Website and agree that any interaction with these external resources is governed by the terms and conditions of those third parties. TOSCA does not endorse or control the content of these linked pages and cannot guarantee the accuracy, timeliness or security of the information provided therein.

We recommend that you carefully review the terms of use and privacy policies of any website you access through the links provided on our Website.

3. Responsibilities

Both access to this Website and the use that may be made of the information contained therein is the sole responsibility of the Customer. You will be responsible for all actions taken with your Customer ID.

Specifically, you will be responsible for choosing, as a password and as a reminder of it, strong passwords and phrases, i.e. numbers and letters and even, in systems that allow it, punctuation marks and special characters that are difficult to guess. In particular, the Customer shall avoid choosing words from the dictionary, words that are related to themselves (family name, address, date of birth, etc.) or easy to guess (combinations of names with months, prefixes and suffixes, etc.). TOSCA shall not be liable for any consequences, damage or harm that may arise from such access or use of the information.

TOSCA reserves the right to make any changes it deems appropriate to its Website without prior notice and without assuming any responsibility for doing so. It may change, delete or add both the content and services provided through the Website and the way in which they are presented or located.

TOSCA does not guarantee that there will be no errors in accessing the Website or its content, or that it will be up to date, although it will make every effort to avoid, correct or update any such errors.

TOSCA shall not be liable, under any circumstances, for damages of any kind that may be caused by, including but not limited to: errors or omissions in the content, lack of availability of the portal or the transmission of viruses or malicious or harmful programmes in the content, despite having taken all the necessary technological measures to prevent this.

4. Intellectual and industrial property

TOSCA owns or has the necessary permissions relating to the intellectual and industrial property rights of this Website and the elements contained therein: texts, images, sounds, videos, trademarks, logos, design, etc. The reproduction, distribution, public communication, including making available, and transformation or creation of derivative works from all or part of the contents of this Website in any medium and by any technical means is expressly prohibited without the authorisation of TOSCA and/or its respective authors or rights holders.

Customers may view, print, copy and store the elements of this Website provided that it is solely and exclusively for their personal and private use. TOSCA prohibits the use of these elements for any other purpose, including data and content mining and/or the training, deployment or execution of artificial intelligence systems.

The unauthorised use of the information contained on the Website, as well as any infringement of TOSCA's intellectual or industrial property rights, will give rise to the legally established liabilities.

All products and services on the Website that are NOT owned by TOSCA are protected by the corresponding intellectual or industrial property rights of their respective owners, and TOSCA is the owner of the rights necessary for their use. They only appear on the TOSCA Website for promotional and information gathering purposes. These owners may request the modification or deletion of information belonging to them.

5. Purchase process

You may purchase the Products marketed by TOSCA by selecting them on the Website and adding them to the "Basket".

 

A description of the Products, including measurements or (if applicable), together with one or more digital photographs clearly showing the Products, will be included in the Customer's Basket.

 

Although TOSCA constantly takes measures to ensure that the photographs appearing on the Website accurately reflect the original products, there may be some discrepancies due to the technical characteristics and colour resolution of the device used by the Customer.

 

Therefore, to view the selected Products and the total price of the purchase order, go to the Shopping Basket section. Once the Products have been selected and added to the Shopping Basket, you, as a Customer, must continue the purchase process by completing the electronic order form.

 

You must then complete the purchase process by submitting the order form via the "Checkout and Pay" button, which will take you to an order summary page. In the event that any of the products selected by the Customer are not available at the time of completing the order, TOSCA will automatically update the Basket, removing the unavailable product, or will notify the Customer by email as soon as possible.

 

By selecting the "Checkout and Pay" button, the Customer declares that they are of legal age and have sufficient legal capacity to enter into the corresponding sales contract.

 

If the Customer wishes to receive an invoice, they must select the corresponding option on the order form. Customers also have the option of indicating a delivery address that is different from the one listed in their billing information. Please note the provisions of Clause 6 of the Terms and Conditions regarding the issuance of electronic invoices.

 

By clicking on the "Complete Purchase and Pay" button, you as a Customer accept that the eventual purchase contract is subject to these General Terms & Conditions, as well as the Website's Privacy Policy and Cookies Policy. If you detect an error in your order after completing the payment process, you must immediately contact our customer service department at the following address shop@toscaltd.com or via the contact form available on the Website.

 

Notwithstanding the foregoing, please note that all orders are subject to acceptance by TOSCA, which reserves the right not to process any order proposal in the event that:

 

·       the information provided by the Customer when completing the form is incomplete or incorrect;

·       the Customer does not meet the requirements to apply the payment terms;

·       the Products requested are not available. If only some of the Products requested are unavailable and there are no other reasons that would justify not accepting the order proposal, TOSCA may respond to the order proposal by limiting it to the Products that are available.

·       The destination of the Products is outside the UK.

 

In the cases indicated above, TOSCA will inform the Customer by email that the order proposal has not been accepted (in whole or in part), specifying the reasons. If the entire order is rejected, it will be understood that no contract has been established. In this case, TOSCA will refund the Customer any amounts already paid as soon as possible.

 

The purchase contract between the Customer and TOSCA shall only be concluded when TOSCA accepts the order and payment previously accepted and sent by the Customer (hereinafter the "Contract"). In this case, TOSCA shall send the Customer, to the email address provided by the latter, confirmation that the purchase order is being processed.

 

Before confirming the order, the Customer must confirm that they have read and accepted these General Terms & Conditions.

 

6. Price, payment and delivery information

The price of the Products, shipping costs and payment methods are those referred to on the Website and are expressed in GBP. The total payable for the Products during the purchase process will detail the applicable VAT and shipping costs, which will be added to the total amount due. The applicable VAT rate will be that which is legally in force at any given time depending on the type of Product purchased.

 

Please note that the price of the Products offered for sale on the Website may be modified at any time without prior notice. This will not apply to the price of Products where the Customer has already submitted an order and made payment for. The means of payment for the purchase of Products shall be those indicated on the Website at any given time. Currently, the payment system in force is by bank transfer to the account number indicated on the platform. In the event where a pricing mistake has been made on the Website, TOSCA reserves the right to correct such mistake and cancel any orders made in relation to such pricing mistakes.

 

To proceed with payment, the Customer must follow each and every one of the instructions that appear on the screen, providing any information that is required on the screen. Purchased Products will only be shipped once the amount owed by the Customer has been duly paid. If the amounts owed are not received from the Customer for any reason, the sales process will be automatically terminated and the sale will be cancelled.

 

The Customer may choose between home delivery in the UK or collection from our premises in as detailed in the shipping conditions, indicated for this purpose on the order form. Products will not be delivered to locations other than those explicitly offered during the purchase process. The Products will be delivered according to the terms and conditions of the delivery service chosen by the Customer, and in any case no later than 30 calendar days from the date on which TOSCA receives payment and confirms the Customer's order.

 

Delivery and transport costs are borne by the Customer and will be specified as part of the order process (before payment). In the event of delays in shipment caused by reasons beyond TOSCA's control, the Customer will be notified in a timely manner by TOSCA's customer service department.

 

The Customer shall assume the risk of loss or damage to the Products from the moment the Customer, or a third party designated by the Customer and other than the carrier, takes physical possession of said Products.

 

If it is impossible to safely deliver the Products to the address indicated for this purpose because no one is available to receive them, a notification will be sent to the Customer by email to the address indicated on the order form, indicating the location where the Products are available for collection by the Customer.

 

If 30 working days have elapsed since said notification without the Products having been collected by the Customer, it will be understood that the Customer has withdrawn from the sale, and the provisions of Clause 7 below regarding withdrawal will apply.

 

By accepting these General Terms & Conditions, the Customer expressly accepts and authorises TOSCA to issue the invoice electronically, which will be sent to their email address.

 

7. Refunds

No refunds will be provided once the order has been confirmed, delivered and/or paid for.

 

 

8. Product quality and legal guarantee (product conformity)

TOSCA takes pride in the authenticity and high quality of all Products offered for sale on the Website.

 

Upon delivery to the Customer, the Customer must check the Products to confirm that they match the items ordered and that they do not have any manufacturing defects or lack of conformity to the specifications listed on the Website for that Product (subject to any variations stated on the Website).

 

In the event of manufacturing defects or lack of conformity, the Customer shall be entitled to demand that the products be brought into conformity by repair or replacement of the Product, at no cost, unless the remedy demanded is objectively impossible or excessively burdensome compared to the other remedy. If any of the cases provided for by law apply, the Customer may request a reasonable reduction in price or termination of the contract, as well as a subsequent refund of the purchase price paid. It is understood that the Customer will lose this right if they do not notify TOSCA of the non-conformity of the Product within 7 days from the date of delivery.

 

In order to notify the existence of defects and non-conformities in the Product and to request any of the remedies mentioned above, Customers may contact TOSCA at the customer service email shop@toscaltd.com.

 

 

9. Applicable law and dispute resolution

 

These General Terms & Conditions are governed by the laws of England and Wales and shall be interpreted accordingly. In the event of any dispute arising from the interpretation and/or application of these General Terms & Conditions, the courts of England and Wales shall have jurisdiction.

 

 

10. Modifications to the General Terms & Conditions of Sale

 

TOSCA reserves the right to review and modify the General Terms & Conditions at any time in order to adapt them to new services and functionalities. It is the Customer's responsibility to verify the General Conditions in force at the time of accepting an order form and entering into the corresponding Contract.

 

The commercial relations between TOSCA and the Customer shall be subject to the General Terms & Conditions in force at the time of acceptance of an order form and conclusion of the corresponding Contract.