Terms and Conditions of Sale
Dear Customer,
welcome to our online boutique. We kindly invite you to carefully read these Terms and Conditions of Sale before purchasing any products on the website tomasinifrancia.it.
1. Scope of Application
These Terms and Conditions of Sale govern the distance selling of products available in the official online catalog on tomasinifrancia.it, operated by Tomasini Francia srl, with registered office at Corso Garibaldi, 50 – 06049 Spoleto (PG), Italy, VAT number IT01542580541.
By completing an order, the Customer declares to have read and accepted these Terms and Conditions, together with the Payment Methods and Shipping & Returns pages, which form an integral part hereof.
2. Products and Prices
Product descriptions and images are as accurate as possible. Minor differences in color or light reflections due to screen settings or photography do not constitute a product defect. All products are authentic and original. New products come with the official warranty issued by the respective brand/manufacturer, where applicable. Pre-owned watches are fully serviced; items included (such as box, papers, original warranty) are specified in each product sheet.
Prices listed on product pages are expressed in Euros (€) and include applicable Italian VAT, but exclude shipping costs and other applicable duties or taxes. The final price is updated in the Shopping Cart based on the destination country and the customer type (Private Individual or Business), as tax regimes and VAT rates may vary. Customers are advised to carefully check the final price in the Cart before confirming the order.
Private Customers (B2C)
Italy: Prices include Italian VAT.
EU Countries: Prices in the Cart include the applicable VAT of the destination country and may therefore differ from those displayed on the product pages.
Non-EU Countries: Prices in the Cart are net of VAT and custom duties/import taxes. All local duties, taxes, and clearance fees are entirely borne by the Customer and are not included on the Website. The Customer may pay these fees directly with the assistance of the assigned courier.
Business Customers and Professionals with a valid VAT Number (B2B)
Italy: Italian VAT applies. For invoicing, the Customer must provide the business name, valid VAT number, tax code (Codice Fiscale), and SDI code or certified email (PEC).
EU Countries: If a valid intra-Community VAT number is provided and goods are shipped to another EU Member State, the sale is exempt from Italian VAT (intra-Community supply), and VAT is accounted for by the Customer in their country (Reverse Charge). Without a valid VAT number, standard consumer VAT rules apply.
Non-EU Countries: Prices are net of VAT/taxes and customs duties, which are the sole responsibility of the Customer as described above.
The Customer is responsible for the accuracy of all provided data. The Seller reserves the right to request supporting documentation and, in case of invalid data, recalculate the total price or cancel the order.
The rules above apply to new items.
Pre-owned watches are sold under the Margin Scheme (pursuant to Italian Art. 36 D.L. 41/1995) and their condition is explicitly detailed. The displayed price is final and includes non-deductible VAT, which is not stated separately in the Cart or on the invoice. Consequently, business customers cannot deduct VAT on these items. The sale document will bear the note "Margin Scheme – Second-hand goods". For products under the Margin Scheme, the final price does not vary based on the EU destination country or whether the purchaser is a private or business customer.
3. Order Placement and Contract Conclusion
Submitting an order through the Website constitutes a binding purchase offer from the Customer, subject to product availability (as items are simultaneously offered for sale in physical Tomasini Francia boutiques) and acceptance by Tomasini Francia. Automated emails sent by the Website immediately after placing an order are for confirmation of receipt only and do not constitute formal acceptance of the offer.
The contract is formally concluded when Tomasini Francia sends the Customer a Shipping Confirmation Email.
Tomasini Francia reserves the right to reject an order, particularly in cases of product unavailability or obvious pricing errors. In such cases, the Customer will be informed promptly and fully refunded without delay using the original payment method.
4. Payments
Accepted payment methods, procedures, and timelines (including order cancellations for unpaid bank transfers) are detailed on the Payment Methods page. Payment data is securely processed directly by financial service providers and is not stored by the Seller.
5. Shipping and Delivery
Shipping costs, estimated delivery times, carrier options, and terms are available on the Shipping & Returns page.
Upon delivery, the Customer is requested to inspect the package carefully. Any visible damage or signs of tampering must be reported to the courier immediately in writing (signing "under reserve"), and notification must be sent to Tomasini Francia without delay. Failure to sign under reserve does not affect Consumer statutory rights.
For Consumers, the risk of loss or damage to goods during transit remains with Tomasini Francia until the physical delivery of the products to the Customer.
6. Right of Withdrawal (Returns)
Consumer Customers have the right to withdraw from the contract without stating any reason within 14 days from the day on which they (or a designated third party) take physical possession of the products.
To exercise this right, the Customer must explicitly notify Tomasini Francia of their decision (e.g., via email to [email protected], through their personal user account on the website, or via contact forms). The standard withdrawal form available in the customer account area may be used, but it is not mandatory.
The Customer must return the products within 14 days of notifying their decision to withdraw, following the instructions on the Shipping & Returns page. Direct return shipping costs are borne by the Customer.
Tomasini Francia will refund all payments received, including standard delivery charges, within 14 days of receiving notice of withdrawal, using the original payment method. The refund may be withheld until the goods are received or until the Customer provides proof of return shipping, whichever is earlier. Additional costs resulting from selecting a premium/express delivery method instead of standard delivery will not be refunded.
Products must be returned intact, complete with original packaging, documents, accessories, and warranty certificates. Missing packaging or use beyond what is necessary to establish the nature, characteristics, and functioning of the goods will not invalidate the right of withdrawal, but may result in a deduction from the refund corresponding to the diminished value of the item.
Exclusions:
The right of withdrawal is excluded for custom-made or clearly personalized products (e.g., irreversible engravings or permanent alterations). Simple, reversible adjustments (such as adjusting the length of a watch bracelet) do not exclude the right of withdrawal.
The right of withdrawal applies exclusively to Consumer Customers and does not apply to corporate/business orders (B2B).
7. Legal Warranty
Consumer Customers: For non-professional purchases, a 24-month statutory warranty applies from the delivery date for any lack of conformity existing at the time of delivery, provided it does not arise from improper use or handling, in compliance with Articles 128 et seq. of the Italian Consumer Code (D.Lgs. 206/2005).
Business Customers: For professional/corporate orders, the warranty for defects under the Italian Civil Code applies (Art. 1490 et seq.). Defects must be reported within 8 days of discovery, and legal actions expire within one year from delivery.
Pre-owned Watches: For pre-owned watches, the legal 24-month warranty is provided directly by Tomasini Francia as the seller and certified by our Official Technical Assistance Workshop. Any remaining original manufacturer warranty applies only if explicitly stated on the product page and comes in addition to the legal warranty.
Rolex Certified Pre-Owned watches come with an official 2-year international warranty.
8. Customer Care and Complaints
For customer support, queries, or complaints:
Email: [email protected]
Phone: +39 0743 49837
The Seller guarantees a response within 2 business days.
9. Privacy Policy & Cookies
Personal data processing is carried out in full compliance with applicable laws, as detailed in our Privacy Policy and Cookie Policy.
10. Applicable Law and Jurisdiction
These Terms and Conditions are governed by Italian law, without prejudice to any mandatory consumer protection provisions provided by the laws of the country where the Consumer has their habitual residence.
Consumer Disputes: Jurisdiction belongs exclusively to the court of the place of residence or domicile of the Consumer.
Business/Professional Disputes: The Court of Spoleto (PG), Italy, shall have exclusive jurisdiction.
Consumer Customers may also access Alternative Dispute Resolution (ADR) procedures pursuant to Articles 141-bis et seq. of the Italian Consumer Code (D.Lgs. 206/2005).
