Terms of service
OVERVIEW
Welcome to the TONET website! The terms “we”, “us”, “our” and “TONET” used in this document refer to Carella Srl, owner of the registered clothing brand TONET. Carella Srl operates this store and website https://tonetbrand.myshopify.com/ (the “Store” or “Site”), including all information, content, features, tools, products and related services, in order to offer you, as a customer, a curated shopping experience (the “Services”). TONET is Powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, together with any policies referenced herein (these “Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when you use the Services and govern the purchase agreement (the “Agreement”) of TONET branded products owned by Carella Srl (the “Products”).
Please read these Terms and Conditions of Service carefully, as they include important information about your legal rights and cover aspects such as warranty disclaimers and limitations of liability. The sale of Products on the e-Shop constitutes a distance contract governed by Italian Legislative Decree no. 206/2005 (the so-called "Consumer Code") and by Legislative Decree no. 70/2003, containing the regulation of electronic commerce. The following Terms and Conditions apply in the following States: Italy, Germany, Belgium, Luxembourg, Netherlands, Austria, Portugal, Spain, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Ireland, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia, Sweden, Switzerland. By visiting, interacting with or using our Services, you accept the application of these Terms and Conditions of Service and our Privacy Policy [LINK]. If you do not accept these Terms and Conditions of Service or the Privacy Policy, you must not use or access our Services, nor complete a purchase order of the Products (“Order”). The submission of an Order implies that you declare that you have read and fully accepted the Terms and Conditions of Service and the Agreement. Any updates to the provisions governing the Terms and Conditions of Service become effective upon their publication on this website. Carella Srl is not responsible for sales outside the aforementioned countries, nor for the supply of products or services by parties other than Carella Srl, even if present in the e-commerce through links or banners.
SECTION 1 - ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you declare that you have reached the age of majority in your State or Region of residence and that you have given us your consent to allow any of your minor family members to use the Services on devices owned, purchased or managed by you. You also declare that you use the site or place the Order as a consumer, pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, and therefore for purposes unrelated to your professional, commercial, entrepreneurial or artisanal activity.
To use the Services, including accessing or browsing our online stores or purchasing any product or service we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping data. You declare and warrant that all information provided in our store is correct, up to date and complete and that you have all the necessary rights to provide such information. You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account. You may not transfer, sell, assign or license the account to third parties. It is expressly forbidden to provide false names or to use the credentials of other persons, unless expressly authorized. For this purpose, it is always advisable to inform TONET by writing an email to carella@carella.eu.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that the colors or appearance of the products may differ from how they appear on the screen due to the type of device used to access the store and its settings and configurations.
We do not guarantee that the appearance or quality of any product or service purchased will meet expectations or correspond to what is represented or displayed in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic area or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you submit an offer to purchase. TONET reserves the right to accept or reject the order for any reason, at its sole discretion. The order is not accepted until TONET confirms its acceptance. Only upon receipt of the acceptance confirmation shall the contract be deemed concluded. Payment must be received and processed before the order is accepted. Carefully check the order before submitting it, as TONET may not be able to accept cancellation requests after the order has been accepted.
If the order is not accepted, modified or cancelled, we will attempt to inform you by contacting you via the email address, billing address and/or phone number provided at the time of the order. TONET reserves the right to cancel an order even after acceptance in the event of:
- material errors in price
- subsequent unavailability of stock
- suspected fraudulent activity, following notification by Shopify
- purchases not compliant with the site policy
By accepting these Terms, you acknowledge and accept that the refund of the price paid constitutes the sole remedy, with any further liability of TONET for direct or indirect damages, loss of opportunity or any other claim for compensation expressly excluded.
Purchases are subject to return or exchange exclusively in accordance with our Refund Policy [LINK].
You also declare and warrant that purchases are intended for personal or domestic use and not for commercial resale or export.
SECTION 4 – PRICES, PAYMENTS AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the one in force at the time of the submission of the order and will be indicated in the order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping costs, handling, customs duties or import costs.
Prices published in our online stores may differ from those offered in physical stores or other online or third-party stores. We may offer promotions governed by separate terms. In case of conflict, promotion terms prevail.
In the event of third-party errors in payment processing, TONET shall not be held responsible or co-responsible and expressly excludes any form of guarantee regarding third-party payment gateways, even in cases of errors, unlawful acts or negligence.
You agree to provide updated, complete and accurate purchase and account information.
We will charge the payment at the time of Order Confirmation. In the case of bank transfer, TONET must receive payment within 7 (seven) working days from confirmation. If not received, the contract will be terminated pursuant to art. 1456 of the Italian Civil Code and the order will lose effectiveness.
You declare and guarantee that: (i) credit card information is accurate; (ii) you are authorized to use it; (iii) charges will be honored; (iv) amounts will be paid including shipping and taxes where applicable.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for delays in shipping and delivery. Delivery times are indicative only and not guaranteed. We are not responsible for delays caused by couriers, customs or events beyond our control.
Once the products are handed over to the carrier, ownership and risk transfer to you. We are not responsible for costs due to incorrect delivery information.
You must always check the integrity of the packaging and, in case of anomalies, sign with reservation.
SECTION 6 - INTELLECTUAL PROPERTY
All Services content (including trademarks, texts, images, graphics, reviews, videos, audio and design) is owned by TONET, its affiliates or licensors and is protected by applicable laws.
These Terms allow use of the Services for personal and non-commercial purposes only. Unauthorized use is prohibited.
TONET trademarks belong to Carella Srl. Shopify trademarks belong to Shopify.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or responsibility.
SECTION 8 - THIRD-PARTY LINKS
We are not responsible for third-party content, websites or services. Access is at your own risk.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
All purchases are made directly with TONET. Shopify is not responsible for any aspect of the transaction.
SECTION 10 - PRIVACY POLICY
All personal data collected is subject to our Privacy Policy [LINK] and Shopify’s policy.
SECTION 11 - FEEDBACK
By submitting Feedback, you grant us a perpetual, worldwide, royalty-free license to use it.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors and cancel orders at any time without notice.
SECTION 13 - PROHIBITED USES
You may only use the Services for lawful purposes. Prohibited uses include unlawful conduct, harassment, misleading information, spam, scraping, or misuse of the Services.
SECTION 14 - AGENTS
Agents must identify themselves and comply with all access conditions.
SECTION 15 - TERMINATION
We may terminate access at any time without notice. Certain provisions survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
SECTION 17 - LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TONET SHALL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify TONET and its partners from claims arising from your use.
SECTION 19 - SEVERABILITY
Invalid provisions do not affect the validity of the remaining Terms.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
These Terms constitute the entire agreement.
SECTION 21 - ASSIGNMENT
You may not transfer this Agreement without consent.
SECTION 22 - GOVERNING LAW
These Terms are governed by Italian law. Jurisdiction is that of the consumer’s residence.
SECTION 23 - HEADINGS
Headings are for convenience only.
SECTION 24 - CHANGES TO TERMS
We may update these Terms at any time. Continued use implies acceptance.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms should be sent to sales@carella.eu
Carella Srl
Via Roma 90 - 31050 Miane (TV) Italy
0438 971110
REA TV146766
P.I. 01175200268