TERMS OF SALE

All buy-sell transactions through the site are governed by these terms of sale.

1. SUPPLIER’S IDENTITY

www.too2late.com, of Cubica S.r.l., Via F.lli Porcellaga, 3 - 25122, Brescia - Italia - Reg. VAT No.: 02765170986
e-mail: (from EU) webstore@too2late.com, (from US) webstore@too2late.com, (from TR) webstore@too2late.com

2. Subject matter of the service

Cubica S.r.l. (the “Supplier”) makes available to buyers via its e-commerce products and accessories (“Products”). Products sold via this web site are destined for end buyers who purchase them solely for personal use and not for purposes relating to their working or professional activity (e.g. for instrumental use, resale, etc.). 2. PRICES.
The validity of the given prices is always and only that shown by the procedure (trolley) at the date of delivery the order to the Supplier. The prices of some or all the products may vary even several times in the same day without the need to give notice.

3. Payment

Payment is made through credit card via Paypal ® gateway which guarantees maximum security, confidentiality and honesty of transactions.

4. Acceptance of the purchase orders

Cubica S.r.l. makes it known that there may be limits to the availability of Products offered in this site depending from both quantity and place of destination of the same. Such limits shall be promptly notified to the Buyer and in any case if such orders are forwarded they shall be deemed ineffective.
The order placed by the Buyer is subject to the explicit acceptance of Cubica S.r.l. Terms&Conditions.
The orders issued by the Buyer will only be binding on Cubica S.r.l. if the Buyers receives confirmation from Cubica S.r.l. via e-mail that the whole order process has been duly completed, that payment has been authorised and that the products are available. If you do not receive the e-mail of confirmation, please contact us via the e-mail address.

5. Methods of delivery and approximate costs

Delivery with selected express carriers and postal services are carried at the Buyer’s full expense and risk. These expenses and any other charges connected with transportation or the delivery of the products are reckoned and detailed in the order confirmation and in the invoice or receipt of purchase. At the time of delivery at his domicile, the Buyer shall check the packs for damage and that the quantity and items quality correspond to that stated in the accompanying document. In the event of discrepancies or differences, the Buyer shall have them accurately recorded on the transport document (delivery note, waybill, etc.) otherwise all its rights in relation thereto shall be forfeited.
The Supplier informs the Buyer of the general method of calculation used for the application of charges connected with delivery of the ordered material.
The cost of dispatch is clearly stated in invoice or receipt of purchase.

6. Approximate delivery times

The Supplier envisages the approximate times as specified in invoice or receipt of purchase. The delivery term will run from the date of the order confirmation sent by Cubica S.r.l. to the Buyer.

7. Right of cancellation

The Supplier informs the Buyer as follows:

• the Buyer may exercise the right of cancellation by and no later than 10 working days from the date of receipt of the ordered goods;
• only if the Supplier has not duly fulfilled the obligations of information the term for cancellation shall be extended to three months;
• the right of cancellation may be exercised solely by the Buyer - end consumer - who purchases the goods for purposes unrelated to his economic and working activity.

7.1 Method of exercising the right of cancellation.
The Buyer may exercise the right of cancellation by sending, within the aforementioned term, a recorded delivery letter with return receipt containing the returning Product to:
Cubica S.r.l. - Via Francesco Lana de Terzi 51/53 - 25064 - Gussago (BS) - Italy
This communication must contain all the information specified herebelow:

1. the order number for which cancellation is being exercised;
2. the express wish of the Buyer to wholly or partially cancel the purchase contract;
3. the description and codes of the items for which the Buyer is exercising the right of cancellation;
4. copy of the purchase document (invoice - receipt - transport document) relating to the cancelled order;
5. details of Buyer’s payment.

Failing the requirements as set forth in points 1, 2, 3 and 4 hereabove, the cancellation requests shall not be valid and therefore the order to which it refers shall remain valid and binding between the parties. To honour its side of the relationship the Buyer undertakes to preserve and carefully and duly protect the received products for which it intends to exercise the right of cancellation, keeping them intact together with the original internal and external packaging. The transport expenses and risks for the return are fully charged to the Buyer. The return of products that are damaged, deteriorated or lacking in original accessories or equipment shall not be accepted by the Supplier and shall be returned to the Buyer with the debiting of transport expenses. Once the Supplier has received the goods in conformity with the foregoing and has carried out the due checks, it shall refund the Buyer as quickly as possible.

8. Product warranties

The Buyer fully accepts at the time of purchase any commercial and service terms of warranty offered by the manufacturers of the purchased items that may be beyond the Supplier’s control and for which it is therefore not liable.

9. Limitations of liability

Any information relating to the products sold by the Supplier is based exclusively on data published and made known by the respective manufacturers. The Supplier is therefore not responsible for compliance of the sold goods with the specifications published on the too2late.com site or on any other publication (periodicals, Internet sites, advertising posters, etc.). Neither can the Supplier be held liable for malfunctioning, interruption of services, decline in performance, whether due or not to force majeure or fortuitous event, unless directly attributable to the Supplier due to its negligence or serious fault.

10. Electronic communications

The Buyer accepts that notification and communications concerned with all on-line services (including those relating to purchase orders) are made by the Supplier in electronic form via e-mail and via Web service. The Buyer acknowledges the full validity thereof and expressly renounces forthwith to refuse to acknowledge the contents of the declarations sent or received in electronic form. The Buyer is informed and accepts that the Supplier files technical File Logs in its systems pertinent to the traceability of operations of estimates and passing of orders and acknowledges the validity thereof for the purpose of reconstructing relationships in being if necessary.

11. Invoicing

A simple fiscal receipt will be issued for the goods, subject-matter of the order, and will be attached to the same.
The Italian Ministry of Finance has for some years acknowledged the possibility of sending via computer systems (such as e-mail) the copy of the invoice addressed to the Buyer (VAT law, art. 21, art .22 paragraph 1, of Italian DPR (Presidential Decree) No. 633/72). On the basis of such legitimacy of computer transmission systems, Cubica S.r.l. exercises this faculty to send the invoice via e-mail in order to comply with the needs for rationalisation and simplification of the accounting procedures and to offer its Buyers an up-to-date solution in line with the development of invoicing systems in Italy.
The invoice is considered as issued upon transmission of the same. The invoice is understood as received from the moment in which the data it contains are received at the e-mail address declared by the Buyer upon registering Cubica S.r.l., and in any case no later than the fifth day from transmission of the actual data by Cubica S.r.l.
We underline that the invoice in electronic format is only valid for tax purposes if printed out.

12. Applicable law

The Italian Laws are applied to all e-commerce services on the www.too2late.com site, the consumer acknowledging that he has voluntarily and freely accessed the www.too2late.com site and that no activity of promotion has been carried out at his residence by Cubica S.r.l. or by any person appointed by the latter.
The Buyer declares that he has read and specifically accepted the clauses as set forth under the following articles of the terms of sale on the too2late.com site:

• Deadline term of forfeiture to complain for discrepancies;
• Extraneousness of the Supplier to the commercial warranties provided by the Manufacturers;
• Guarantees given by the Buyer and Buyer’s acceptance of liability;
• Limitations of liability in favour of the Supplier;
• Validity of electronic communications and renouncement by the Buyer not to acknowledge the contents of the same.
• Competent court for Buyers with residence outside of Italy.

13. Competent court

For any dispute concerning or arising from the performance hereof, the competent forum shall be designed in compliance with EC Regulation 44/2001 or Italian D.Lgs. 206/2005, depending on which results applicable.

14. Information note in accordance with italian d.lgs. 196/2003 and its subsequent amendments on the privacy of personal data

The Buyer is informed that: Data processor is the company Cubica S.r.l.; the data being processed are: those provided by the registered person and those relating to use of the service on the too2late.com site; the purpose of the processing is: compliance with legal obligations, fulfilment of the contract, pursuance of the aims of interactive business information (with possible sending of advertising material), promotion and further knowledge regarding the Buyer’s requirements. Under no circumstances are the Buyer’s sensitive data processed. The scope of any communication or distribution of data is limited exclusively to Cubica S.r.l. and to the persons necessary for fulfilling the contract or for complying with legal obligations.