Terms and Conditions
Thefinitive’s General and Contractual Terms and Conditions of Sale for www.thefinitive.com
The website www.thefinitive.com is owned and operated by Thefinitive.
From the moment the consumer accesses www.thefinitive.com, he or she agrees to abide by the terms and conditions set forth below, including all documents referenced. Users are urged to carefully review this document before using the services.
Article 1 – Subject matter of this contract
The purpose of this contract is the purchase and sale of items, as well as accessories in the quantity and quality chosen by the consumer through product selection on www.thefinitive.com. The goods and services for sale are those described on the pages of www.thefinitive.com. The data stated therein may be subject to change and periodic updates, including for the purpose of further improvement of the service for the consumer.
Article 2 – Prices and product availability
The prices of the products referred to in Article 1 are indicated on the site and are inclusive of VAT. To the price of the product must be added the cost of shipping where applicable, the amount of which, always indicated on the site, varies depending on the delivery method requested, as well as any customs duties. In the event that the product is not available, the consumer will be promptly informed. by e-mail. Prices and availability of products marketed by Thefinitive through www. thefinitive.com are subject to change without notice.
Article 3 – Purchase contracts entered into by minors.
Purchases may only be made by persons who are eighteen years of age or older. Thefinitive is exempt from any liability in the case of a purchase by a child under eighteen years of age, who has provided false age information or false information to purchase the good and/or to access the data on the site. In any case, the parents are directly responsible for the payment of what has been purchased by their children under eighteen years of age, without prejudice to the discipline of withdrawal in Article 6 of these conditions of sale.
Article 4 – Orders/Billing
Orders are accepted in writing, e-mail, Internet, telephone or fax. The conclusion of the contract is subject to the receipt of the order by Thefinitive The invoice will be issued after the delivery of the goods, within the time required by law. Unless otherwise requested by the consumer, the invoice will be sent by email.
Article 5 – Delivery of goods
Article 5 – Delivery of goods. The delivery of the goods takes place under the terms stated on the site, to the address indicated by the consumer and through the courier appointed by Thefinitive In order to avoid fraud, the courier reserves the right to check an identity document, which proves the coincidence of data between the order information and the holder of the credit card. Please note that, in order to more efficient delivery of goods, Thefinitive will communicate to the courier the telephone number provided by the consumer during registration on the site www.thefinitive.com or at the time of the order, telephone number, which will be used in accordance with the privacy regulations set out in Legislative Decree No. 196/2003 The courier will make only one delivery attempt. NO FLAT DELIVERY IS MADE. The consumer, upon receipt/pickup of the goods, is required to verify the integrity of the same and the compliance with the order placed in the presence of the delivery agent. If the packaging of the shipment is damaged, the consumer must ACCEPT the package and note such damage on the waybill / shipping document. If the package is undamaged, the consumer must accept it and may also sign the delivery receipt with the words “YOU ACCEPT WITH RESERVE OF CHECK”. In the event that one or more products are damaged or should not be responsive to the order placed, the consumer, only if he has previously noted the damage on the waybill / transport document or has accepted subject to control, within 3 (three) working days after delivery must inform by email Thefinitive at info@thefinitive.com, also providing documentation, including photographs, relating to the damage or misdelivery, the proof of which is the responsibility of the consumer. Thefinitive . reserves the right to request the shipment back of the damaged/erroneous goods at the expense of the consumer, shipment that must take place within the period of 15 days from the request of Thefinitive under penalty of loss of the right to replacement or refund. Thefinitive verified the existence of the damage or misdelivery, at its own expense, no later than the period of 30 days from the date of delivery or reporting, it will also replace the damaged/iron goods or, if this is not possible, to reimburse the consumer for their amount. In the event that the customer contacts Customer Service after the third business day, it will be up to Thefinitive to decide to open a file in order to the eventual replacement of the damaged / erroneous goods.
Art. 6 – Right of Withdrawal
The consumer may exercise the right of withdrawal no later than 14 working days from the date of receipt of the goods. This right must be exercised by sending a registered letter with acknowledgment of receipt to the headquarters of Thefinitive . The notice may also be anticipated, within the same period, by email to info@thefinitive.com , provided that it is confirmed by registered letter with acknowledgment of receipt within the next forty-eight (48) hours. The goods must be returned to Thefinitive intact, in unaltered condition and complete with the original packaging, at the consumer’s expense no later than 15 days from the notice of withdrawal. Thefinitive will credit the sums paid within a maximum of 30 days from the date of receipt of the registered letter and in any case not before receiving the goods and checking the condition of the goods subject to withdrawal. The costs and risks associated with the return of products will be borne by the consumer. Considering that all goods for sale on the website www.thenitive.com are vintage, antiques, used over time according to their natural purpose of use, that is, they are not new goods and/or of current manufacture, and may therefore present lacks, defects, handling wear, imprecise functioning, general malfunctions, damages and so on (e.g.: books or paper documents consulted more or less massively , which have damage, stains,writing to the sheets of paper), the right of withdrawal is exercisable only and exclusively in the event that the good received is obviously and macroscopically different or does not correspond to the description and illustrative photos detailed on the page of the actual good sold; the descriptive textual part and the attached photos of the good on sale, are an integral part of the good itself, so Thefinitive will assess the nature of any claim based on the entire availability of information produced at the time of sale. It should be noted that EU legislation provides that the right of withdrawal is exercisable only by natural persons (consumers) acting for purposes that can be considered unrelated to their business. The right of withdrawal, therefore, CANNOT be exercised by legal persons and natural persons acting for purposes related to a commercial activity. Also excluded from the right of withdrawal are purchases made by resellers or individuals who in any capacity purchase for resale to third parties. The right of withdrawal does not apply to the supply of goods made to measure or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or alter rapidly. It should also be noted that, in the case of prize operations (so-called promotions), in which the purchase of one good is combined with another good that is sold at a derisory price or even given as a gift, the right of withdrawal will be legitimately exercised with the return of both goods purchased, given the constraint of the ancillary nature of the promoted good with respect to the first.
Article 7 – Limitation of Liability
Thefinitive assumes no responsibility for any damages resulting from use or misuse of the service provided by www.thefinitive.com. Thefinitive assumes no responsibility for errors and omissions within www.thefinitive.com or any website that may be referenced or linked. Thefinitive reserves the right to continually update www.thefinitive.com which may be done at any time. Information may contain inaccuracies of any kind or typographical errors. Thefinitive does not guarantee that the services performed by www.thefinitive.com will be provided without interruption, this will be stated in advance except for causes beyond the control of Thefinitive . Thefinitive disclaims any liability to you or any third party for any direct or indirect damages (including, but not limited to, loss of profits, revenue, business opportunity) arising out of or in connection with a product or service provided by Thefinitive , or the use of or inability to use the same. Thefinitive assumes no responsibility for disruptions of service attributable to unforeseeable circumstances or force majeure, such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods, and other similar events that may prevent, in whole or in part, the execution of the contract within the agreed timeframe. Thefinitive will not be liable for damages, losses and costs incurred as a result of the non-execution of the contract due to the aforementioned causes, possibly having the consumer only the right to a refund of the price paid. Thefinitive will not be liable for damages, losses and costs in addition to those already agreed upon at the time of entering into the contract of sale, caused by mismanagement attributable to third parties or by force majeure or causes not directly attributable to Thefinitive (e.g. packaging carefully prepared and demonstrated to the customer, which on delivery is evidently damaged with consequently damaged contents, due to carelessness and / or clumsiness of the carrier ). Except in cases of willful misconduct or gross negligence, and as described so far, the right to compensation against Thefinitive may not exceed the price of the products purchased by the consumer and for which the dispute arose.
Article 8 – User/consumer responsibility.
The user is obliged to make sure that their entered data are true, complete, up-to-date and to promptly communicate any changes in them. In the event that false statements are made, Thefinitive reserves the right to exclude such individuals from its user lists, after formal and unaccepted invitation for self-correction.
It is the user’s responsibility to make sure that the good he or she is about to purchase meets his or her search criteria based on the textual description and photos attached to each product offered for sale on www.thefinitive.com , and he or she alone will be responsible for his or her own decision to purchase the good having carefully considered all its details. These evaluation terms will then be considered in the event of a dispute opened by the buyer against Thefinitive. (e.g., a black-colored military cap that has no dissimilarity from the description and presentation photos cannot be disputed because the customer already owns it)
Art. 9 – Copyright and Trade Mark
Thefinitive ® & www.thefinitive.com are registered trademarks. It is further declared that all content on www.thefinitive.com, such as text, files, tables, information found within the pages of the site, graphic elements, HTML, logos, buttons, icons, images, graphics, audio-video excerpts, compilation (meaning the collection, arrangement and assembly), all software, source code, application designs, formulas, algorithms, databases, etc., used on the site are to be considered the exclusive property of thefinitive.com or its content and product suppliers. In the event that any copyrighted material is found to be infringing, the user is required to notify Thefinitive Staff (via e-mail to info@thefinitive.com), who will immediately investigate and, upon determination of the situation, remove such content. You may not modify, duplicate, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this website even in the absence of a profit motive. Any authorization to use the contents of the website www.thefinitive.com must be requested in writing and is considered accepted only with a specific consent of Thefinitive also in writing. Silence does not give rise to any authorization.
Art. 10
Visitors and customers of www.thefinitive.com declare that they are interested in viewing, buying, or selling historical or military objects, especially those from the fascist or Nazi period, only for collection, educational purposes, for protection against fraud or illegal acts, and for scientific or historical research, guaranteeing that they will not be used in any way for propaganda purposes. All buyers, potential sellers or sellers of such objects confirm that they have no intention of committing an act in any way punishable by Italian law. All items on the site are presented and offered only under these conditions. Visitors to the site expressly declare that they accept these conditions when entering the following pages of the site.
Art. 11
All items offered on the pages of www.thefinitive.com are items of lawful provenance, accompanied by documentation of final transfer and release for possession. All items that will be offered for sale to Thefinitive, either through the pages of the site www.thefinitive.com or through email, telephone, photographic, and any other lawful method, and that will be purchased by Thefinitive, must be accompanied by documentation of lawful provenance and final assignment and release for possession, completed and signed by the transferring party. In the absence of these requirements, the proposal will be automatically declined.
