GENERAL TERMS AND CONDITIONS OF SALE
www.tinybrush.it
Seller Identification
The goods covered by these general terms and conditions are offered for sale by Tiny Brush di Daniele Blanco, with headquarters in Bologna, Via Lemonia 43/A – 40133 Bologna, email info@tinybrush.it, VAT No. 05384140876, hereinafter referred to as the “Seller.”
- Definitions
1.1 “Online Sales Agreement” or “Agreement”: means the contract of sale relating to the Seller’s tangible movable goods, entered into between the Seller and the Buyer as part of a distance selling system using electronic means, organized by the Seller, and which is finalized upon the Buyer’s acceptance of the General Terms and Conditions, specifically upon the Buyer’s submission of an order confirmation to the Seller.
1.2 “Buyer”: means the natural person making the purchase referred to in this contract for purposes unrelated to any commercial or professional activity they may carry out.
1.3 “Seller”: means the entity identified above, or the entity that sells the goods through the Website indicated in Article 1.5.
1.4 “General Terms and Conditions”: means the list of general terms and conditions of sale contained in this document, which shall apply to Online Sales Contracts concluded on www.tinybrush.it.
1.5 “Website”: means the website and e-commerce platform accessible at www.tinybrush.it. - Subject Matter of the Contract
2.1 Under this Contract, the Seller sells and the Buyer purchases, remotely via electronic means, the tangible movable goods displayed and offered for sale on the Website.
2.2 The products referred to in the preceding paragraph are displayed with an image and a detailed description of their characteristics. - Procedures for Entering into the Contract and Acceptance of the General Terms and Conditions
3.1 The contract between the Seller and the Buyer is concluded exclusively via the Internet through a remote electronic transaction, when the Buyer accesses the website www.tinybrush.it, where, by following the procedures indicated therein, the Buyer formalizes the purchase of the goods referred to in section 2.1 of the preceding article. The Buyer acknowledges that in order to access the Website, an Internet connection is required, the costs of which are borne by the Buyer in accordance with the terms established by their Internet service provider.
3.2 These General Terms and Conditions are effective as of the date of their publication on the Website at the following link [tinybrush.it/condizioni-generali] and, furthermore, from the conclusion of the Contract until the delivery of the purchased products to the Buyer. They may be updated, supplemented, or modified at any time by the Seller, who will provide notice by publishing the updated version at the link indicated above. Such updates, amendments, and/or additions will take effect on the date of publication for subsequent purchases.
3.3 These General Terms and Conditions must be reviewed online by the Buyer before completing the purchase process. The Buyer’s submission of the purchase order confirmation, therefore, implies full knowledge and acceptance of these terms.
3.4 Acceptance of the Terms and Conditions of Sale must be expressed by the Buyer’s accurate completion of the registration form—whose personal data is processed in accordance with the procedures outlined in the Privacy Policy following acceptance of the “Terms and Conditions of Sale”—and by submitting the purchase form generated by the system after adding the selected products to the shopping cart. Before the order is definitively submitted, the Buyer will be prompted to review the contents of the shopping cart, including a summary that lists the buyer’s and order details, the price of the selected items, any shipping costs and additional charges, the payment terms and methods, the delivery address, and confirmation of the order. Once the delivery address has been confirmed, it cannot be changed.
3.5 By clicking on “Complete Order,” the Buyer confirms the order and declares that they have knowingly accepted the content and terms of the order in question and, in particular, the General Terms and Conditions, prices, volumes, characteristics, quantities, and delivery times of the products offered for sale and ordered by the Buyer, as well as the payment terms, declaring that they have reviewed and accepted all the information provided by them in accordance with the provisions referred to above, and acknowledging that the Seller is not bound by any different terms unless previously agreed upon in writing.
3.6 Upon receipt of the order from the Buyer, the Seller shall send a confirmation email or display a web page confirming and summarizing the order, which shall also include the information referred to in Section 3.4. The confirmation email will therefore include: the order number, the products purchased, and the shipping address, as well as other information regarding the order being processed. - Purchase Procedures and Sales Prices
4.1 The products—subject to availability—the prices, and the General Terms and Conditions listed on the Website do not constitute a public offer to the consumer; therefore, they must always be considered indicative and subject to express confirmation via email from the Seller upon receipt of payment, which constitutes acceptance of the purchase order.
4.2 The prices of the products offered for sale on the Website are listed in Euros and are the prices in effect at the time the Buyer submits the order; they will remain unchanged until the order is delivered.
4.3 Product prices include VAT but do not include shipping costs. Shipping costs vary depending on the shipping method and destination selected by the Buyer at the time the order is placed and are displayed in the order summary before the Buyer requests order confirmation. Please refer to Article 9 of these General Terms and Conditions of Sale.
4.5 Receipt of the order does not bind the Seller until the Seller has sent an email confirming payment, including the order number as specified in Section 3.6.
4.6 The Buyer expressly grants the Seller the right to accept the order, even partially, (for example, if not all of the ordered products are available). In such a case, the contract shall be deemed concluded with respect to the goods actually sold.
4.7 By accepting these terms and conditions, the Buyer expressly declares that the purchase is made for purposes unrelated to any commercial or professional activity the Buyer may engage in. - Conclusion of the Contract
5.1 The Contract is deemed concluded when the Buyer receives, via email, formal confirmation of the order in the form of a notification (“Order Fulfillment Confirmation Email”).The Contract is concluded at the location of the Seller’s registered office.
5.2 The order cannot be canceled once you have clicked “Complete Order.” After this step, returns can only be made once the package has been received, in accordance with the procedures outlined in Section 13. - Delivery Times and Methods
6.1 Delivery of the products included in the order will be made only within Italy.
6.2 The Seller will deliver the selected and ordered products in accordance with the terms indicated on the Website at the time the goods are offered and confirmed in the email referred to in section 3.6.
6.2 The products included in the order will be shipped within 2 (two) business days (excluding Saturdays, Sundays, and holidays) from the date of the email confirming payment. If payment for the order is made after 1:00 p.m., the 2 (two) business day period will begin on the business day following payment. If the Seller is unable, for any reason, to ship the order within this timeframe, it will promptly notify the Buyer via email sent to the address provided by the Buyer during the purchase process:
6.3 Upon delivery, the Buyer is required to verify that: a) the number of packages delivered matches the number indicated on the shipping document attached to the shipped goods; b) the packaging is intact and unaltered, including any sealing tape, if present. If the goods received do not match the order placed or if ordered products are missing, the Buyer must report this discrepancy within 5 (five) days of receiving the package by contacting the Seller directly via email at [.]. The Seller may request appropriate descriptions and evidence to substantiate the discrepancy (e.g., photographs) and will issue a credit to the Buyer if it determines that the discrepancy is genuine and not attributable to the Buyer. A partial return may also be made, limited to the products shipped in error, provided they are intact and still sealed. If the Buyer requests a return of the incorrectly shipped product and the shipment of the correct one, and the correct product is not currently available, the Seller will issue a refund, and the shipping costs will be borne by the Seller.
6.4 If the delivered goods show any damage presumably caused during shipping, the Buyer may refuse delivery and immediately notify the Seller, who will file the necessary claims with the carrier and arrange for a new shipment once the disputed goods have been returned.
6.5 If the Buyer nevertheless decides to accept the goods upon delivery, even though the packaging is severely damaged and/or tampered with, in order to safeguard their rights, they must notify the carrier of the packaging’s unsuitability by writing “RESERVATION OF INSPECTION OF GOODS DUE TO …” (indicating the reason for the reservation) on the delivery document, a copy of which the Buyer must retain, and then immediately notify the Seller.
6.6 If the tracking information indicates that the goods have been delivered, the Buyer may, within 10 (ten) days from that date, file a report by emailing info@tinybrush.it regarding non-delivery. The Seller will conduct the necessary investigations with the shipping carrier and, if applicable, provide the Buyer with either a new shipment or a refund of the amount paid. - Prices and Payments
7.1. All product sales prices are listed in euros.
7.2 The sales prices referred to in the preceding paragraph include VAT and any other applicable taxes. Shipping costs and any additional charges, if applicable, although not included in the purchase price, are indicated and calculated during the checkout process before the Buyer submits the order and are listed on the order summary webpage, as well as in the summary email sent upon completion of the purchase process.
7.3 The Buyer warrants to the Seller that he or she has the necessary authorization to use the payment method selected for the Order at the time the Order is placed. Accepted payment methods: PayPal account; Stripe;
7.4 All orders are payable in Euros, including taxes and mandatory fees. Any bank fees shall be borne exclusively by the Buyer (even in the event of a refund).
7.5 Ownership of the ordered products shall remain with the Seller until the full amount of the order, including shipping costs, taxes, and other mandatory charges (if applicable), has been paid in full by the Buyer.If, for any reason, the amount due cannot be charged, the sale will be automatically canceled and the transaction will be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer will be notified via email.
7.6 Communications regarding payment and the data provided by the Customer at the time of payment are transmitted over secure lines and with all the safeguards ensured by the security protocols provided by the payment networks.
- Product Availability
8.1 The Seller indicates on the Website, for each product, the number of items available and those that are unavailable, with the exception of products listed in the section accessible via the following links: https://tinybrush.it/artisan-guild/, https://tinybrush.it/cobramode/, and
. 8.2 The Seller’s computer system will confirm receipt of the order as soon as possible by sending the Buyer a summary email, in accordance with Section 3.6. - Seller’s Liability
9.1 The Seller assumes no liability for service disruptions attributable to force majeure or unforeseeable circumstances.
9.2 The Seller shall not be held liable to the Buyer—except in cases of willful misconduct or gross negligence—for service disruptions or malfunctions related to the use of the Internet that are beyond its control.
9.3 In the event of service disruptions related to the shipping carrier, the Buyer must notify the Seller, who will then contact the carrier as appropriate. In the event of a lost package or other circumstances resulting in a failed or incorrect delivery, the Seller, in agreement with the Buyer, will either issue a refund or reship the order.
9.4 The Seller assumes no liability for any fraudulent or unlawful use by third parties of credit cards, checks, or other means of payment used to pay for the purchased products, provided the Seller can demonstrate that it has taken all possible precautions based on the best available knowledge and experience at the time and in accordance with the standard of due diligence required.
Warranties and Service Procedures 10.1 The Seller is liable for any lack of conformity that becomes apparent within 2 (two) years of delivery of the goods.
10.2 In any case, unless proven otherwise, it is presumed that any lack of conformity that becomes apparent within 1 year of delivery of the goods already existed at that time, unless such a presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
10.3 In the event of a lack of conformity, the Buyer may request, alternatively and at no cost, under the conditions set forth below, the repair or replacement of the purchased goods, a reduction in the purchase price, or the termination of the Contract, unless the request is objectively impossible to fulfill or would be excessively burdensome for the Seller. Products showing clear signs of tampering or malfunctions caused by improper use or by external factors not attributable to manufacturing defects are not covered by the warranty.
10.4 The request must be submitted in writing to the email address [.]; in which the defect should be described, including through photographs and videos, and the date the defect was discovered should be indicated. The Seller will notify the Buyer whether it is willing to accept the request—or the reasons preventing it from doing so—within 7 (seven) business days of receiving the notification. If the Seller has accepted the Buyer’s request, it must specify the shipping or return procedures for the item, as well as the deadline for returning or replacing the defective item.- Seller’s Obligations Regarding Defective Products, Proof of Damage, and Compensable Damages
11.1 The Seller shall not be held liable for the consequences arising from a defective product if the defect is due to the product’s compliance with a mandatory legal provision or a binding regulation, or if the state of scientific and technical knowledge at the time the manufacturer placed the product on the market did not yet allow the product to be considered defective.
11.2 No compensation shall be due if the injured party was aware of the product’s defect and the resulting danger and nevertheless voluntarily exposed themselves to it. Similarly, the Seller shall not be held liable for defects resulting from the improper and/or incorrect use of the purchased goods, from external causes (e.g., impacts, falls, etc.), or from negligence and misuse.
11.3 In any case, the injured party must prove the defect, the damage, and the causal link between the defect and the damage, including through descriptions, photographs, and other means available to the injured party. - Buyer’s Obligations
12.1 The Buyer agrees to pay the price of the purchased goods within the timeframes and in the manner specified in the Contract.
12.2 The Buyer agrees, once the online purchase process is complete, to retain the purchase order confirmation.
12.3 The Buyer agrees to comply with all the terms and conditions set forth in the Contract, which shall be deemed to have been reviewed and accepted by the Buyer at the time of purchase order confirmation. - Right of Withdrawal
13.1 In accordance with the provisions of the Consumer Code, the Buyer may, within 14 (fourteen) business days from the date of receipt of the package containing the ordered goods, withdraw from the purchase contract by returning the goods received in their original packaging, without tampering with any warranty seals or simply opening and/or damaging the outer packaging.
13.2 This is without prejudice to the provisions regarding the exclusion of the right of withdrawal for certain categories of goods and services set forth in Article 59 of the Consumer Code.
13.3 Pursuant to Article 57, paragraph 1, of the Italian Consumer Code, the costs of return shall be borne exclusively by the Buyer. Until the package is delivered to the Seller, the Buyer remains responsible for and in custody of the package. Any loss or damage to the package may affect the refund.
13.4 Please note that packages sent with shipping charges payable by the recipient will not be accepted.
13.5 The Seller will refund the customer the full amount already paid for the product within 14 (fourteen) days of receiving the return notice containing the decision to exercise the right of withdrawal.The Seller reserves the right to withhold the refund until it has received the goods for the necessary inspections, but in any case no later than 30 (thirty) days from the date of receipt of the aforementioned notice.
13.6 For orders under 60.00 euros, the 7.00 euros shipping fee will not be refunded.
13.7 Products must be returned to the Seller intact, in their original packaging and with all items supplied with them, in a condition suitable for resale (please refer to the grounds for exclusion set forth in Section 13.2). If the returned products do not meet the above requirements, the return will not be accepted and the package will be returned to the Buyer.
13.8 Returns of products will not be accepted after the statutory withdrawal period has expired. - Termination of the Contract
14.1 If the Buyer or the Seller fails to perform any of the obligations set forth in the Contract, the non-defaulting party may request termination pursuant to Article 1453 et seq. of the Italian Civil Code, without prejudice to the right to compensation for damages in any case.
14.2 Pursuant to Article 1456 of the Italian Civil Code, the party intending to terminate the Contract shall notify the other party by sending a certified letter with return receipt to the Seller’s registered office indicated above, stating the grounds for termination; the termination shall take effect as of the date of receipt of the notice of termination, as evidenced by the return receipt provided to the terminating Party, and the Buyer shall be entitled solely to a refund of any amount already paid. - Failure to Pick Up the Package – Termination of the Contract
15.1 Picking up the shipment is a specific obligation of the Buyer. Upon handing the order over to the selected carrier, the Seller will send the Buyer an email containing the shipment tracking link. The status of the order and the tracking link will also always be available by logging into the Buyer’s personal account.
15.2 The carrier will make an initial delivery attempt; if delivery is unsuccessful, it will make a second attempt, unless corrections or changes to the address are required, in which case the Buyer must take action.
15.3 Following a second unsuccessful delivery attempt, the package will be held by the carrier for the period specified on the tracking page. The package can only be released by contacting the shipping carrier directly.
15.4 Once the storage period has expired, the order will be returned to the Seller, who will inform the Buyer that the Buyer may request reshipment at their own expense no later than 5 (five) days from receipt of the notification.
15.5 If, even in this case, the Order is not claimed, the Seller will notify the Buyer that the contract is automatically terminated and will proceed to refund the amount paid by the Buyer and dispose of the package no later than 30 (thirty) days from the date of the notification sent.
15.6 If the Seller is unable to refund the amount paid because the payment method used at the time of purchase is incompatible with an automatic credit, the Seller will ask the Buyer to provide the bank account details to which the Buyer wishes to receive the refund. If 10 (ten) days pass without a response, the Seller will issue the Buyer a store credit equal to the amount to be refunded. Upon issuance of the store credit, the Buyer shall have no further claims against the Seller. - Protection of the Buyer’s Privacy and Data Processing
16.1 The Seller protects the privacy of its customers and ensures that the processing of personal data complies with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and applicable data protection laws.
16.2 Personal and tax data collected by the Seller, as the data controller, are collected and processed in the manner and according to the procedures set forth in the Website’s Privacy Policy and in specific notices. - Protection of the Buyer’s Privacy and Data Processing
17.1 The Seller protects the privacy of its customers and ensures that the processing of personal data complies with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and applicable data protection laws.
17.2 Personal and tax information collected by the Seller, as the data controller, is gathered and processed in the manner and according to the procedures set forth in the website’s Privacy Policy and in specific notices. - Communications and Complaints – ODR Platform
18.1 Written communications addressed to the Seller and any complaints will be considered only if sent in writing to the following email address: info@tinybrush.it. The Buyer agrees to provide, in the Website registration form, their place of residence or domicile, telephone number, and email address to which they wish to receive communications from the Seller.
18.2 Pursuant to Article 14 of European Regulation 524/2013, the Seller informs the Buyer that, in the event of a dispute, the Buyer may file a complaint through the ODR (Online Dispute Resolution) platform made available by the European Commission and accessible via the following link: https://ec.europa.eu/consumers/odr/. The Seller, however, encourages the Buyer to first use the email address specified in Article 18.1 to resolve any issues. - Governing Law and Jurisdiction
19.1 This online sales contract is governed by Italian law. Any dispute regarding the interpretation and performance of this contract shall be subject to the jurisdiction of the court in the location where the Buyer, as a consumer, has his or her residence.
19.2 If any provision of this online sales contract is deemed invalid, void, or unenforceable for any reason, such provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
