Terms and conditions
General conditions of sale
This document contains the General Conditions of Sale that govern online purchases made through the website www.audry.it (“Site”), owned by THM Srl, with registered office in Cislago (Varese – Italy), Via Maria Piazza, 20, VAT number 03845380124, registered in the Companies Register of Varese, VA – 383334 (the “Seller”).
For further information, you can contact the Seller's Customer Service by telephone at the number +39 0331.182032 , or via the form at the address https://www.audry.it/contatti .
The Seller reserves the right to modify these General Conditions of Sale at any time; any new rules will be effective from the moment of their publication on the Site and will apply to sales that will be made starting from their publication.
The Seller invites you to carefully read these General Conditions of Sale before making any purchase via the Site.
1. Definitions
1.1 Customer: the Consumer, as defined below.
1.2 Order Confirmation: notice sent to the Customer via email, which provides the definitive details relating to the purchase contract stipulated between the Seller and the Customer (of which these General Conditions of Sale are an integral part).
1.3 Consumer: a natural person, of legal age or otherwise capable of acting in accordance with the law, who places an order on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out subject to the legislation referred to in Legislative Decree no. 206/2005 and subsequent amendments and additions.
1.4 Supplier: THM Srl, Cislago (Varese-Italy), Via Maria Piazza 20, VAT number 03845380124, as owner of the Site and supplier of the products sold online.
1.5 Price: the contractual price indicated in the Order Confirmation, including VAT.
1.6 Product/s: the products present in the electronic catalogue published on the Site, as described in the relevant product sheets and indicated in detail in the Order Confirmation.
1.7 Seller: THM Srl, registered office in Cislago (Varese-Italy), Via Maria Piazza 20, VAT number, registered in the Varese Company Register no. VA – 383334, commercial company with which the Customer concludes the purchase contract and which takes care of purchasing the Products from the Supplier and reselling them at its own expense and responsibility to the Customer.
2. Trade policy - Scope of application
2.1 The mission is to promote and sell the Supplier's products, with particular reference to B2C (Business to Consumer) Commerce towards private consumers. In consideration of its commercial policy, the Seller reserves the right not to follow up on orders from parties other than the Customer or in any case on orders that do not comply with its commercial policy.
These Conditions of Sale exclusively regulate the offer, forwarding and acceptance of purchase orders for products between Customers and the Seller via the Site (“Conditions of Sale”).
2.2 These Conditions of Sale do not regulate the supply of services or the sale of products by parties other than the Seller that are present on the Site through any links, banners or other hypertext connections. Before placing purchase orders for products and/or services from parties other than the Seller, the Customer is invited to verify their conditions of sale. The Seller, in fact, is not responsible for the supply of services by third parties other than the Seller or for the conclusion of electronic commerce transactions between users and third parties.
2.3 In the event of an IT, manual, technical or any other error that may result in a substantial change, not foreseen by the Seller, in the retail price, making it exorbitant or clearly derisory, the purchase order will be considered invalid and cancelled and the amount paid by the customer will be refunded within 14 days of the day of cancellation, after notification to the customer.
2.4 The seller reserves the right to verify and evaluate the correctness and good faith of the customer, in particular in the case of use of promotions or discount coupons. If the customer's behavior is found to be unlawful and incorrect, the seller will promptly notify and proceed with the cancellation of the purchase order.
2.5 These Conditions of Sale are published on the home page of the Site and can be viewed by the Customer at any time, before and during the procedure for placing an order, and must be expressly accepted in order to proceed with the order.
3. How to conclude the contract with THM Srl:
3.1 To conclude the purchase contract for one or more Products on the site, the Customer must fill out the order form in electronic format, taking care to correctly enter his/her data as requested in the form itself and transmit it electronically to the Seller, following the instructions on the Site.
The Customer, in any case, assumes responsibility for the truthfulness and correctness of the personal data entered and released to the Seller when completing and sending the order form. It is understood that any damage/delay/inconvenience referable and/or attributable to the incorrectness and/or untruthfulness of the personal data entered when completing and sending the order form and/or subsequently modified may in no case be charged to the Seller.
3.2 The order form contains a link to the Conditions of Sale and a summary of the main information relating to each Product ordered. In particular, the price (including all applicable taxes and/or duties), the payment methods that can be used and the delivery methods for the products ordered (along with the related costs) are specified. Furthermore, there is a link to the general conditions of use of the Site.
3.3 Before proceeding with the purchase of products by transmitting the order form, the Customer is required to carefully read the General Conditions of Sale and the General Conditions of Use, as well as to print and/or save a copy for any future use. In particular, before the conclusion of the online purchase procedure and payment, the Customer will be invited to read and accept these Conditions of Sale, as well as to print or save an electronic copy and in any case keep these Conditions of Sale in compliance with the provisions of Legislative Decree no. 206/2005 (“Consumer Code”).
3.4 The contract is concluded when, following verification by the Customer of the order data, the Seller receives the corresponding order form electronically.
3.5 By submitting the order form, the Customer unconditionally accepts and undertakes to observe, in relations with the Seller, these Conditions of Sale. If the Customer does not agree with some of the terms reported herein, he/she is invited not to submit the order form for the purchase of products on the site.
3.6 By submitting the order form, the Customer confirms that he/she also knows and accepts the additional information contained on the site, in the General Conditions of Use and in the Information on the processing of personal data.
3.7 The order form will be stored in the Seller's database for the period of time necessary to process the orders and in any case within the terms of the law. The Customer may access the order form by consulting the Personal Area > "My orders" section or, if the customer is not registered on the site, in the Support Area, by entering the order code and the email used when filling out the order creation form.
3.8 The language available to the Customer to conclude the contract with the Seller is the one selected when creating the order.
3.9 Product prices may be subject to updates. The Customer is obliged to verify the final sale price before submitting the relevant order form.
3.10 Purchase requests from countries not included among those listed in the “Shipping and delivery of products” section cannot be accepted by the Seller.
3.11 Once the contract has been concluded, the Seller will take charge of the corresponding purchase order.
3.12 The Seller may not process purchase orders placed by the Customer if sufficient guarantees of solvency are not provided or if the data provided by the latter are incomplete or incorrect. In these cases, the Seller will inform the Customer, via email, of the failure to conclude the contract, indicating the reasons why it was not possible to follow up on the order.
3.13 In general, all items on the site are immediately available. However, the Seller cannot in any case be held responsible for the temporary unavailability of one or more products. If specific products presented on the site are no longer available or on sale after the order form has been sent, the Seller will be responsible for communicating the aforementioned unavailability to the Customer before the Order Confirmation. Without prejudice to what is agreed below (see section “Right of withdrawal”), the sending of the order form by the Customer is also considered as acceptance of a possible partial delivery, limited to the products available among those ordered, as well as a waiver to request compensation and/or indemnity for this reason. If the Customer has already paid for the full order, the Seller will refund the amount corresponding to the unavailable products according to the methods described below (see section “Refund times and methods”).
3.14 Once the contract has been concluded, the Seller will send the Customer, to the email address and in the language indicated in the order form, a confirmation of the order request, with a summary of the information contained in the form itself. This document is not to be considered as the Order Confirmation, which will be sent later, upon actual shipment of the Products.
3.15 Upon actual shipment of the products in the order form, the Seller will send the Customer, to the email address and in the language indicated, the Order Confirmation. This document will contain the list of products actually purchased with their main characteristics, including that relating to the price including VAT. It will also contain all the information relating to shipping data, costs and expected delivery times. In addition, the total cost of the order will be indicated (with and without VAT) and the main information relating to the payment made. Finally, the document in question will contain a summary of the Conditions of Sale, the General Conditions of Use of the Site and the tax data of the Seller (Name, Legal form, Registered office, Registration in the Company Register, Tax Code, VAT number and Responsible).
4. Cancellation of the Order
4.1 Without prejudice to the provisions regarding withdrawal, it is possible to cancel orders not yet processed (marked with the status "in progress or awaiting payment") by contacting Customer Service via the form at https://www.audry.it/contatti or by telephone at no. +39 0331.1820321 .
4.2 It is not possible to cancel an order once the shipping process has begun.
4.3 In the event that, at the time of cancellation of an order, the corresponding payment has already been made, it will be necessary to contact Customer Service to proceed with the refund procedure (as described in the section “Refund times and methods”).
5. Guarantees and after-sales assistance
5.1 The Products offered on the Site are exclusively top quality products. The products are purchased directly by the Seller from the Supplier.
5.2 The Seller does not sell irregular products or products of lower quality than the corresponding standards offered on the market.
5.3 The essential characteristics of the products are indicated on the Site in correspondence with each Product detail page. The images and colours of the products offered for sale may however not correspond to the real ones due to the Internet browser and monitor used. It is therefore understood that, without prejudice to the indications relating to the label, the Customer may not raise any objection against the Seller and/or the Supplier, in the event that the packaging of the delivered Product does not coincide with the image of the Product shown on the Site in terms of colours/shape/size. The Seller reserves the right to modify the packaging of the Product at any time.
5.4 The Seller pays the utmost attention to the adherence of what is described and presented on the site to what is reported on the label on the product packaging. In any case, it is emphasized that, where differences are found, the label and the instructions for use of the Product provided by the Supplier will always prevail.
5.5 Upon delivery of the purchased Product by the courier, the Customer is required to check that the number of packages delivered corresponds to that indicated in the transport document and that the packaging is intact, not damaged, not wet or otherwise altered, including the sealing materials (adhesive tape or metal straps). Upon receipt of the Products, the Customer must:
· make sure that the packaging is intact. Otherwise, you must NOT collect the Products and leave them with the courier. Should this occur, the Customer is required to promptly notify the Seller in order to proceed with the re-sending of the purchased goods as quickly as possible;
· sign the goods receipt document presented by the courier always inserting the wording “ACCEPTED WITH RESERVATION”. In this way it will be easier and faster to obtain any refunds for damages attributable to transport;
· photograph the package – if the Products received are damaged or incomplete/inaccurate – both inside and out so that, in the event of a refund request, the Seller may request such material to verify the actual problem.
Once the courier's document has been signed, the Customer will not be able to raise any objections regarding the external characteristics of the goods delivered and the risk of loss or damage to the Products will be transferred to the Customer in all respects.
5.6 The Seller is liable to the consumer for any lack of conformity existing at the time of delivery of the product and for hidden defects that become apparent within one year of such delivery. The Customer may request intervention under warranty, through the Audry website (Contacts section) or by telephone at Customer Service +39 03311820321 within 30 (thirty) working days from the date of receipt of the products (for obvious defects) or from the discovery of the defect (for hidden defects) specifying the reason "warranty for non-compliant product", the order code and the reason for the complaint. The Seller, having verified compliance with the above, will indicate to the Customer the procedures envisaged for the repair or replacement of the product under warranty. The Seller, where necessary, will arrange, at its own expense, for the defective Product to be collected by an express courier, directly from an address indicated by the Customer. After receiving the product, the Seller, in agreement with the Supplier, will evaluate the actual alteration and, in the event of a positive response, will repair or replace the goods at its own expense, no later than 30 (thirty) days from the date of receipt of the return. In the event of a negative response, the Seller will promptly communicate the negative outcome of the return procedure to the Customer, to whom no replacement product will be sent. In any case, the Customer may, at his own expense, collect the product from the Seller no later than 30 (thirty) days from the communication of the negative outcome of the procedure.
5.7 The guarantee of conformity on the products will be applied correctly if the following conditions are also fully respected: a.) the request to open a guarantee intervention procedure contains the information relating to the order code and reason for the return; b.) the returned products are sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept products from the same order, returned and shipped at different times. The Seller reserves the right to ask the user to attach to the request to use the legal guarantee of conformity, the Order Confirmation and/or the DDT or other document proving the date of purchase and the delivery date.
5.8 The Seller is not responsible or obliged to compensate for indirect, intangible or collateral damages, including (without limitation): loss of profit, loss of earnings, limitations in production, administrative or personal costs, loss of customers or legal actions of third parties. The warranty in question is valid only for products purchased by a Customer residing within the Italian territory.
5.9 The Product Conformity Guarantee is reserved for Customers of the site. It applies only to users who have made the purchase on the Site for purposes other than any entrepreneurial, commercial, artisanal or professional activity they may carry out. Those who have purchased on the Site and who do not have the status of Customers will be subject to the guarantee for defects in the item sold, the guarantee for lack of promised and essential quality and the other guarantees provided for by the civil code with the related terms, forfeitures and limitations. Any faults or malfunctions caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and/or with what is provided for in the product's instructions for use and in cases where you store the products in unsuitable places or exposed to bad weather, dirt or contaminants. The scope of the Product Conformity Guarantee does not include any faults or malfunctions caused by accidental events or by the user's responsibility or by use of the product that does not comply with its intended use and/or with what is provided for in the product's instructions for use and in cases where you store the products in unsuitable places or exposed to bad weather, dirt or contaminants.
6. Payments
6.1 The Seller will only accept payments in Euro currency.
6.2 To pay the price of the products and the related shipping and delivery costs, the Customer may use one of the methods indicated in the order form.
6.3 In case of payment by credit card, the entire payment procedure will be managed in complete safety. Consequently, the Seller will never be in possession of any sensitive information (for example, the complete credit/debit card number, or the security code).
6.4 Alternatively, payment can be made by bank transfer to:
· THM Srl
· Intesa Bank
· Viale Toselli, 74 – 20025 Legnano – MI – Italy
· IBAN IT 95 D 03069 20217 100000002379
· BIC/SWIFT BCITITMM
· The reason for payment must contain the order code communicated by the Site in the Order Confirmation email.
The bank transfer must be made within 5 days of sending the order form. After this period the Seller is not able to guarantee the availability of the ordered goods.
7. Shipping and delivery of Products
7.1 The Seller ships its products in Italy via primary express couriers. Delivery occurs, via express shipping, in 1-4 working days (i.e. from Monday to Friday) starting from the receipt of the order form. In any case, the Seller reserves the right to deliver the ordered products within a maximum of 30 days from the Order Confirmation email.
7.2 The Seller undertakes to do everything necessary to respect the delivery times indicated above, but cannot in any case be held responsible for damages or inconveniences caused by any delays.
7.3 The countries to which the Seller ships are: Austria, Belgium, Bulgaria, Cyprus, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Hungary.
7.4 The cost for each shipment, associated with an order, will vary based on the following parameters: the place of destination and the total weight of the Products purchased with the single order, and will in any case be explicitly stated both during the order transmission procedure and in the Order Confirmation.
7.5 All the above costs are inclusive of VAT, in the amount of the applicable law.
7.6 The Customer is required to always check the number and integrity of the packages. In the event of anomalies or damage, the complaint must be made immediately to the courier, refusing delivery and promptly reporting the incident to Customer Service. The costs of replacement and return will be entirely borne by the Seller.
7.7 Delivery via express shipping is intended to be at street level and will be carried out, unless otherwise indicated, from Monday to Friday during normal office hours (from 9:00 to 18:00), excluding national holidays.
8. Right of withdrawal
8.1. Pursuant to Article 52 of the Consumer Code, the Consumer Customer will have the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, within the terms and with the methods indicated in the following articles.
8.2 To exercise the right of withdrawal, the Customer must send the Seller a communication to this effect to Customer Service, within 14 days from the date of receipt of the Products in respect of which the right of withdrawal is exercised by contacting Customer Service by telephone at the number +39 0331.1820321 or via the form at the address https://www.audry.it/contatti .
8.3 Once the aforementioned withdrawal notice has been received, the Seller, having verified compliance with the terms for exercising the right of withdrawal, will send, through its Customer Service, a “return opening” email to the Customer, containing the procedure to follow for returning the products (see “Return procedure for withdrawal”).
The returned Product must reach the Seller within 14 days of receiving the communication of the opening of the return for withdrawal.
Once the products have been received, the Seller will open a refund procedure (see Refunds) if and only if the products have been sent within the established terms (the postmark or the date of delivery to a possible courier will be considered as the date of receipt) and if the products are perfectly intact and in their original packaging complete in all its parts (product packaging and accessory documentation) and repackaged in conditions such that they can be put back on sale.
8.4 In the event of withdrawal communicated by the Customer according to the methods set out in the previous article, the Seller will refund the Customer all amounts paid by the latter, including those for delivery costs of the Products, where applicable, within 14 days of receiving the withdrawal notice sent by the Consumer Customer. Shipping costs are the responsibility of the customer. The Seller offers the possibility of collecting the product via an express courier, directly at the address indicated by the customer, at a cost of € 15.00 for Italy, and € 44.00 for all other European countries. The cost will be deducted from the total amount of the refund. The shipment, until the certificate of receipt in the warehouse indicated by the Seller, is under the complete responsibility of the Customer. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not resulting from transport. If the original packaging and/or wrapping are damaged, the Seller will withhold from the refund due a percentage equal to the respective loss in value of the Product.
8.5 In consideration of the characteristics of the Products sold by the Seller, the right of withdrawal applies exclusively to the Product purchased in its entirety; it is not possible to exercise withdrawal only on one or more parts of the purchased Product. In the case of Orders including multiple Products, it will be possible to exercise withdrawal in relation to one or more Products of the Order, specifying the description of the Products that you intend to return in the withdrawal communication. In these cases, the refund will be made according to the methods indicated in the previous article.
8.6 Regardless of the correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made). The Seller, also in compliance with the Consumer Code, reserves the right to withhold the refund until it has received the Products for return or until the Customer has proven to have sent the Products back.
8.7 The Right of Withdrawal is considered to be correctly exercised if the following conditions are also fully respected:
1. the email containing the request to exercise the right of withdrawal contains the order code;
2. the products relating to the order for which the right of withdrawal is exercised are sent to the Seller in a single shipment. The Seller, in fact, reserves the right not to accept products from the same order, returned and shipped at different times.
9. Returns
9.1 The return procedure is opened only following a request by the Customer to exercise the right of withdrawal. In any case, following the request by the Customer, the Seller will verify the actual existence of the conditions necessary for the opening of a return procedure.
9.2 Following the opening of a return procedure, the Seller will send the Customer an email containing a description of the methods for returning the product.
9.3 Shipping costs are the responsibility of the customer. The Seller offers the possibility of collecting the product via an express courier, directly at the address indicated by the customer, with a cost of € 15.00 for Italy, and € 44.00 for all other European countries. The cost will be deducted from the total amount of the refund. The Customer must be available to have the courier pass by on a weekday, at the address indicated by him.
9.4 The returned package must contain a copy of the Order Confirmation sent to the email address indicated by the Customer or of the waybill present on the package at the time of receipt. Packages sent by cash on delivery or with carriage forward will not be collected under any circumstances.
10. Refund times and methods
10.1 A refund procedure can refer to two different types of situations:
1. refund of the total amount relating to an order for which the right of withdrawal has been exercised;
2. partial refund relating to an order for which one or more products were unavailable.
10.2 Whatever the payment method used by the Customer and except as indicated in the withdrawal section of Article 9 above, the refund is activated by the Seller as quickly as possible and in any case within 30 (thirty) days from sending the Order Confirmation (in the case of partial refund due to the unavailability of one or more products) and 14 (fourteen) days from receipt of the Notice of Withdrawal (in the case of withdrawal) using, where possible, the same payment channel with which the order was placed.
10.3 Regardless of the correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums will always be made by the Seller in favour of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer used for the purchase was made).
11. Gift Card
11.1 Gift Card Purchase: The “Gift Card” is available in the fixed amounts indicated on the site www.audry.it , can be used by the Customer or a Third Party to purchase any product present in the online shop until its value is exhausted.
The Gift Card is not nominative, it is bearer, therefore transferable and equivalent to cash. The responsibility for its use and custody is the sole responsibility of its owner.
The Customer may purchase one or more Gift Cards and may use them either for himself or as a gift to third parties and they may be used multiple times until the relevant credit for the purchase of products through the online Shop runs out.
The purchased Gift Card cannot be recharged and will be disabled once the credit inside it has run out.
The Gift Card can be purchased on the online Shop, by credit card or bank transfer. The Gift Card is provided in electronic format and sent by email together with the Card identification code.
The Gift Card is activated at the time of purchase, by inserting it into the cart. Once purchased, the Gift Card is valid for 12 (twelve months) from the date of purchase. The purchase of the Gift Card is not subject to the application of VAT pursuant to art.2, co.3, letter a), DPR 633/1972. The purchase invoice will therefore contain the wording "Excluded from the scope of VAT pursuant to article 2, co.3, letter a), DPR 633/1972. The credit of the Gift Card does not produce interest, is not tradable, nor convertible into cash, nor will its balance be refundable in any case, nor can it be used to purchase other Gift Cards.
The Customer is warned and declares to be aware that the incorrect indication of the email address of the third party to whom the Gift Card is to be sent, indicated during the Gift Card purchase process, will make it impossible for the Third Party to receive and use the Gift Card itself, without any responsibility being attributed to the Seller.
To purchase a Gift Card on the shop you must have a regular account on the Shop. Immediately after purchase, the Gift Card can be used to purchase any product on the online shop, including to cover shipping costs for the online shop. With the Gift Card you cannot purchase other Gift Cards. It is not possible to purchase Gift Cards by applying coupon codes.
At the end of the purchase procedure, the Customer who has ordered one or more Gift Cards will receive an e-mail confirming their order, containing the order number, a summary of the order placed, the number of Gift Cards purchased and their value, the expiry date for each Gift Card purchased and a summary of these conditions of sale with a link to the full version available on the online shop.
11.2 Gift Card Spendability: The Customer or third party to whom the Gift Card is given will have the right to use it, until its value is exhausted, based on the conditions set out in this document.
In the event that the Customer wishes to give the Gift Card to a Third Party, the Customer will be asked to indicate: Name of the sender; Name of the recipient; Email of the recipient; Text of the accompanying message (optional).
Such data will be communicated during the relevant purchase process and will be processed exclusively to allow the Seller to send the Gift Card to the Third Party via email, and the fulfillment of the consequent services and obligations by the Seller. Such data (name and email address of the third party) will be stored solely as information accompanying the order placed by the Customer in the same manner in which other data relating to the same order are stored.
In the event of a gift card being donated to a third party, the recipient of the Gift Card, following verification of the successful payment, will receive an email with the name of the sender of the Gift Card, any accompanying message from the sender, an invitation to go to the online shop to use their Gift Card, the privacy policy, the conditions for using the Gift Card, the details relating to the Gift Card (including the relevant code, expiry date and value of the Gift Card) and a summary of the conditions for its use.
There is no additional cost to use the Gift Card. In addition, multiple Gift Cards can be used for the same order.
The Gift Card is not associated with the account and will be automatically used for each purchase made until the credited amount is exhausted, within the validity period of the same. In the event that the total amount of the order is greater than the credit available on the Gift Card, the residual amount must be paid by the Customer or the Third Party only with one of the other available methods, in order to complete the order.
After the expiry of its validity period (12 months), the Gift Card may no longer be used and any residual credit on the Gift Card will not be refunded.
The Customer or third party to whom the Gift Card has been given as a gift will be able to view the status of the Gift Card (remaining credit and expiry date) on the shopping cart page.
The Customer or third party to whom the Gift Card has been given is expressly warned and declares to be aware that knowledge of the Gift Card code allows its use by anyone, through the online Shop: said code must, therefore, be diligently kept and safeguarded.
With reference to the use of the Gift Card, it is understood that between the Customer or the Third Party to whom the Gift Card has been given and the Seller, the provisions resulting from the records, including electronic records, of the Seller's sales system will be binding.
The Customer is entitled to withdraw from the purchase contract of a Gift Card, without any penalty, within 14 (fourteen) days from the purchase of the relevant Gift Card, i.e. from the date of confirmation of the order on the online shop. The right of withdrawal referred to in paragraph 8 is expressly excluded and it will not be possible to exercise it in reference to a Gift Card that has been partially or fully used for the purchase of Products.
The right of withdrawal for Gift Cards may be exercised in accordance with the procedures set out in point 8 of this document. The Seller will accept the withdrawal only if the Gift Card has not yet been used (totally or partially). In the event of withdrawal exercised in reference to a Gift Card purchased as a gift to a Third Party, the latter will receive an email informing him of the deactivation of the Gift Card as a result of the exercise of the right of withdrawal by the Customer.
In the event of the purchase of one or more Products using a Gift Card, the Customer will have the right to exercise the right of withdrawal, pursuant to art. 8 of these conditions of sale.
In the event that the Seller needs to make a Refund for Products purchased in whole or in part through the use of one or more Gift Cards, such refund will be made by issuing a new Gift Card.
The use of the Gift Card may be limited without notice if suspicious, fraudulent or illegal activities are identified, or if the Seller suspects that these Conditions of Sale have not been respected, or in the event of exceptional circumstances that prohibit the normal functioning of the card.
12. Privacy
12.1 The information on privacy is contained in the Information on the Processing of Personal Data which is an integral part of these Conditions of Sale.
12.2 For any other information on the privacy management policy, it is possible to send a specific request via the form at the address https://www.audry.it/contatti .
13. Applicable law and dispute resolution
13.1 These Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and by Legislative Decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.
14. Changes and updates
14.1 These Conditions of Sale are amended from time to time also in consideration of any regulatory changes. The new General Conditions of Sale will be effective from the date of publication of the same on the site. For any dispute that may arise in relation to these Conditions of Sale and to the supplies and orders, respectively, made and forwarded pursuant to the same, in the case in which the Customer is a Consumer, the competent court, pursuant to Article 66-bis of the Consumer Code, will be the judge of the place of residence or domicile of the Consumer Customer, if located in the Italian territory.
The following conditions are addressed to all users who access, use and/or register on the site www.audry.it , owned by THM Srl, with registered office in Cislago (VA), Via Maria Piazza 20, VAT number 03845380124.
Access to and use of the website as well as the purchase of products presuppose the reading, knowledge and acceptance of these General Conditions of Use.
For any other legal information, please see the Terms of Use and Privacy area.
General conditions of use
This document contains the general conditions of use of the site audry.it , owned by THM Srl
THM Srl, may modify or simply update, in whole or in part, these General Conditions of Use. The modifications and updates of the General Conditions of Use will be notified to users on the home page of the site as soon as they are adopted and will be binding as soon as they are published on the website in this same section.
We therefore ask you to regularly access this section to check the publication of the most recent and updated General Conditions of Use. If you do not agree, in whole or in part, with the General Conditions of Use, we ask you not to use the website.
Access to and use of the site, including viewing web pages, communicating with THM Srl, downloading product information and purchasing products on the website, constitute activities conducted by users exclusively for personal purposes unrelated to any commercial, entrepreneurial or professional activity.
Remember that you will be the only one responsible for the use of the site and its contents. In fact, THM Srl cannot be considered responsible for the use of the website and its contents by any user that is not compliant with the laws in force, without prejudice to the liability of THM Srl for fraud and gross negligence.
In particular, you will be the sole and exclusive person responsible for the communication of incorrect, false or third-party information and data, without their express consent, as well as for any incorrect use of the same.
Finally, since any material will be downloaded or otherwise obtained through the use of the service at the user's choice and risk, any responsibility for any damage to computer systems or loss of data resulting from downloading operations falls on the user and cannot be attributed to The THM Srl
THM Srl declines all responsibility for any damage resulting from the inaccessibility of the services on the site or caused by viruses, damaged files, errors, omissions, interruptions of service, deletion of contents, problems connected to the network, providers or telephone and/or telematic connections, unauthorised access, alteration of data, failure and/or defective functioning of the user's electronic equipment.
The user is responsible for the safekeeping and correct use of his/her personal information, including the credentials that allow access to reserved services, as well as for any damaging consequences or prejudice that may arise against THM Srl or third parties as a result of the incorrect use, loss or theft of such information.
Privacy
Please read the Privacy section carefully, which also applies if the user accesses the site and uses the related services, but does not purchase any products. The Privacy section helps you understand how THM Srl collects and uses your personal data and for what purposes.
Intellectual Property Rights
The contents of the site, such as, by way of example, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published, including menus, web pages, graphics, colors, schemes, tools, characters and design of the website, diagrams, layout, methods, processes, functions and software that are part of the site, are protected by copyright and any other intellectual property right of THM Srl and other rights holders. Reproduction, in whole or in part, in any form, of the site and its contents is prohibited, without the express written consent of THM Srl.
THM Srl has the exclusive right to authorize or prohibit the direct or indirect, temporary or permanent reproduction, in any way or form, in whole or in part, of the site and its contents. With regard to the use of the site, you are only authorized to view the website and its contents. You are also authorized to perform all other temporary reproduction acts, devoid of their own economic significance, which are considered transitory or accessory, an integral and essential part of the same viewing of the site and its contents and all other navigation operations on the website that are performed only for a legitimate use of the site and its contents.
You are not authorized to perform any reproduction, on any medium, in whole or in part, of the site and its contents. Any act of reproduction must be, from time to time, authorized by THM Srl or, where appropriate, by the authors of the individual works contained in the website.
Such reproduction operations must in any case be carried out for lawful purposes and in compliance with the copyright and other intellectual property rights of THM Srl and the authors of the individual works contained in the website. The authors of individual works published on the website have, at any time, the right to claim authorship of their works and to oppose any deformation, mutilation or other modification of the works themselves, including any act or damage caused to the works, which is prejudicial to their honor or reputation.
Trademarks and domain names
THM Srl, directly or through subsidiaries/parent companies/affiliates, is the exclusive owner of the logo and the domain “audry.it” and of any other distinctive sign.
All distinctive signs that distinguish the products sold on the site are registered trademarks of THM Srl and/or other parent, controlled or associated companies and/or their respective owners and are used within the site for the sole purpose of distinguishing, describing and advertising the products for sale.
THM Srl and all other registered trademark owners have the right to make exclusive use of their respective trademarks.
You are not authorized, except with the consent of THM Srl and any other owner of registered trademarks published on the website, to use said trademarks, also and above all to distinguish products or services that are not similar to those of the site or of other trademark owners.
Links to other websites
The site contains hyperlinks (the "links") to other websites that have no connection with THM Srl
Any third-party sites accessed through links on the site are governed by general conditions of use and a privacy policy that are separate from this document and outside of the same.
THM Srl does not control or monitor such websites and their contents. THM Srl cannot be held responsible for the contents of these sites and the rules adopted by them also with regard to your privacy and the processing of your personal data during your navigation operations.
We therefore ask you to pay attention when you connect to these websites, through the links on the site and to carefully read their conditions of use and privacy regulations. We remind you, in fact, that these General Conditions of Use and the Privacy area do not apply to websites managed by other parties other than THM Srl The site provides links to other websites solely to facilitate its users in research and navigation and to facilitate hypertext connections on the Internet to other websites.
The activation of the links does not imply any recommendation or notification by THM Srl for accessing and browsing these websites, nor any guarantee regarding their contents, services or goods provided and sold by them to Internet users.
Content Warning
THM Srl has taken every precaution to prevent the publication on the website of contents that describe or represent scenes or situations of physical or psychological violence or such that, according to the sensitivity of the users of the site, could be considered harmful to civil beliefs, human rights and the dignity of people, in all its forms and expressions.
In any case, THM Srl does not guarantee that the contents of the website are appropriate or lawful in other countries outside of Italy.
However, if such content is deemed unlawful or illegal in some of these countries, please avoid accessing our website and if you choose, in any case, to access it, we inform you that the use you decide to make of the services provided by the site will be your exclusive and personal responsibility.
THM Srl has also adopted every useful precaution in order to ensure users that the contents of the site are accurate and do not contain incorrect or outdated information, with respect to the date of their publication on the website and, where possible, also subsequently.
However, THM Srl does not assume any responsibility towards users regarding the accuracy and completeness of the contents published by THM Srl on the website, without prejudice to its own liability for fraud and gross negligence and except as otherwise provided by law.
Furthermore, THM Srl cannot guarantee its users that the website will operate continuously, without interruptions and without errors or malfunctions due to the Internet connection.
For any problem encountered in using the website, contact Customer Service. A THM Srl representative will be available to provide assistance and help you restore the functionality of your access to the website, if this is possible.
Likewise, we recommend that you contact your Internet service provider or check that each device for connecting to the Internet and accessing web content is correctly activated, including your Internet browser.
Although THM Srl will try to do everything possible to ensure continuous access to the website, the dynamic nature of the Internet and its contents may not allow the site to operate without suspensions, interruptions or discontinuity due to the need to make updates to the website.
THM Srl has adopted adequate technical and organizational measures to safeguard the security of the services on the site, the integrity of the data relating to traffic and electronic communications with respect to unauthorized forms of use or knowledge, as well as to avoid risks of dispersion, destruction and loss of data and confidential and non-confidential information relating to its users, or of unauthorized access, or access not compliant with the law, to the data and information themselves.
Disclaimer
This site does not represent a newspaper as it is updated without any periodicity. It cannot therefore be considered an editorial product.
Our trade policy
THM Srl is the commercial company that owns the domain and manages the website www.audry.it , , to promote the image of the products on virtual channels, as well as to interact with consumers. THM Srl reserves the right not to follow up on orders from subjects other than the "consumer" or in any case on orders that do not comply with its commercial policy.
Applicable law and dispute resolution
These General Conditions of Use are governed by Italian law.