Cookies Policy

The "Users" who use the services offered by this "Platform" web declare to know and accept the present general conditions of contract. "Owner" of the web platform is EBM Srls (hereinafter EBM, Tumn, the owner), with registered office in via Alessandria n. 25, CAP 00199, in Rome (RM), VAT number 12900541009, email address: shop@tumn.info

Information on Tumn, object of the contract

TUMN is a web platform for the promotion and sale of Italian food and wine excellence. TUMN allows consumer Users ("Final Customers") to purchase food products directly from other producer Users and / or food processors ("Producers").

Registration (sign-in)

In order to use the services provided by EBM, Users (Manufacturers, B2B Professionals and Final Customers) must register on the www.tumn.it site by creating an account, personal or corporate, for which they are directly responsible. When registering, Users (Producers, B2B Professionals and Final Customers) provide, truthfully and completely, all the data requested in the relevant registration form, subject to full acceptance of the privacy policy and these general conditions. In order to sell their "Products" on TUMN, the Producer Users must provide the Owner with the information to create an offer of Products, ie to generate and upload on the Platform the card of each Product with the description and price provided by the Manufacturer User . In order to purchase the Products of other Users (Manufacturers), the Users (B2B Professionals, Final Customers) must access the Platform, choose the desired Products, and complete the check-out process.

Withdrawal and cancellation of accounts

Registered end user customers can cancel their accounts and stop using the Platform at any time by contacting the owner directly. The Owner, in case of violation of these terms, reserves the right to suspend or terminate the Users' account at any time and without notice.

Content provided by users of the platform

Users are responsible for their own and third-party content that they share on the Platform, by uploading them, entering text and / or images or by any other means. Users indemnify the Data Controller from any liability in relation to the unlawful dissemination of their own or third-party content, or to the use of the Platform in ways contrary to the law. The Owner does not control the publication of content published and sent by Users, including those sent via messaging or other communication forums. The Owner, however, reserves the right to cancel, in his unquestionable judgment, without warning, messages from the Users and / or inappropriate contents of the Platform. The Owner also undertakes to intervene in response to reports from Users or orders given by public authorities in relation to content deemed offensive, illicit or contrary to the law. Unless otherwise specified, the software, the Tumn brand, including intellectual property rights (including copyrights), content, information and material present or available on the Platform are owned by EBM. EBM exclusively holds all the rights, titles and interests in respect of and in respect of all intellectual property rights concerning the graphic aspect and the general interface (including the infrastructure) of the Platform through which the service is rendered available (including customer reviews and content on the same). No one is authorized to copy, obtain, publish, promote, integrate, use, combine, or in any other way use the contents (translations and customer reviews included) or our brand in the absence of our express written approval. In the event that a subject uses or combines (partly or totally) our content (including customer reviews and translations) or otherwise takes possession of any intellectual property rights of the Platform or any content (or translation) , it must assign, transfer and transfer these intellectual property rights entirely to EBM. Any use that does not comply with the law or any of the actions or behavior mentioned above constitutes a material violation of our intellectual property rights (including copyright and database protection rights). "

Membership of Tumn Manufacturers

Joining the platform requires a variable initial cost. Membership includes all initial preparatory activities to be able to offer products on the channel such as warehouse cataloging, product data sheets etc. For the purpose of publishing the Product sheets, the Producer Users undertake to provide the samples as well as all the information requested in the section of the Platform specifically created for the publication of the Products (by way of example and not exhaustive: description, price, expiry, etc.) . Producing Users are directly responsible for the truthfulness and accuracy of the information provided when the offers are published. The necessary approval - also tacit - of the Owner is aimed at the mere verification of the conformity of the activities to the corporate mission of EBM, indicated in the appropriate section of the site. The producer grants EBM, free of charge, with reference to all countries in the world, the non-exclusive right to use, reproduce, publish, display, distribute, adapt, modify, process and, in any case, exploit for commercial purposes and / or non-commercial, trademarks and / or logos and / or commercial names and / or company identifiers, owned by the customer or referable to it (hereinafter the "Trademarks") and the Materials of the Manufacturer limited to the purposes referred to in Contract. Without prejudice to the above, EBM cannot alter the Trademarks and Materials of the Manufacturer, except for the sole purpose of adapting them to the extent necessary for their use and for their publication and display on the Platform. With reference to the Brands and Materials of the manufacturer, he declares and guarantees:

• to have the availability of all the rights pertaining to them in relation to all the countries of the world;
• that, except for the rights that he himself holds, based on the current legislation and / or by virtue of the contract and / or other valid legal title, on the Trademarks and Materials of the manufacturer, there are no further prohibitions and / or limitations to the right to reproduce, publish, display, distribute, adapt, modify, process, create derivative works, and in any case exploit, for commercial or non-commercial purposes, as well as sub-license the Customer's Trademarks and Materials or that he has already acquired, before signing the Contract - and will maintain for the entire duration of the same and, definitively, limited to the materials referred to in paragraph 1 of this article - any necessary and / or appropriate authorization in relation to the exploitation rights listed above;
• none of the Trademarks and Materials of the Manufacturer, nor any solution and / or technological platform that he may use in connection with the activity carried out under the Contract infringes any intellectual or industrial property right or other proprietary right of third parties. The Producer is responsible for the information, characteristics, packaging suitable for product regulations, etc. and more generally all that prescribed by the relevant legislation.

By adhering to these general terms and conditions, Users declare that they comply with the regulatory obligations relating to the storage and sale of each of the Products they publish on the Platform (by way of example but not limited to: expiry, refrigeration obligation, indication of the allergens contained, administrative obligations, tax, labor and social security). In particular, they declare that they are in possession of the licenses, permits, authorizations, and any other act or provision necessary to sell each of the Products they publish on the Platform. Users are solely responsible for any consequences that may arise from the violation of the aforementioned regulations. TUMN provides a service to Users, and is not responsible for the content of the Products, their composition and / or preservation, or the violation of the relative regulations of the sector.

Product purchase and delivery times

Users can purchase the products advertised on TUMN by choosing the desired ones and completing the purchase of the cart on the platform. At the time of purchase, the User provides their payment information (eg credit card number) and authorizes the payment. Upon successful payment procedure, the amount of Products is automatically debited to the User, and the purchase is considered completed. The products are usually delivered within 24/48 hours from the completion of the purchase except for unforeseen events or particularly remote or uncomfortable places. The confirmation of the purchase is sent to the Users interested in the email address provided during registration.

Refund conditions - cancellation policy

Users who wish to cancel a confirmed purchase must send an e-mail to shop@tumn.info, and wait for the message of cancellation. If the User does not receive the previous message of cancellation, he must contact the Owner by telephone on 0656547748. The following refund conditions apply to all Products published on TUMN, and approved by the Owner. Cancellation requested between 0 to 48 hours before Product shipment: Refund not provided. Cancellation required between 48 hours and 7 days before shipment of the Product: Refund of 50% of the expected amount, excluding service costs. Cancellation required more than 7 days before shipment of the Product: 100% refund, excluding service costs.

Right of withdrawal

The Customer has the right to withdraw from the purchase contract for any reason, without needing to provide explanations and without any penalty, except in the cases of exclusion provided for in the following points. To exercise this right, the Customer must send Tumn.it a communication within 14 days from the date of receipt of the Products using the downloadable form or, if he intends to exercise the withdrawal before receiving the Products, the withdrawal notice may be sent in any time before they are received. This communication must be sent by registered letter with return receipt addressed to: Tumn.it c / o Ebm - Via Alessandria 25 - 00198 Rome. The Customer Service of Tumn will provide, once received the communication, to open a file for the management of the return and to communicate to the Customer the instructions on how to return the Products, The user must provide to ship, using a carrier of his choice and to own costs, within 14 working days from the date of communication of the withdrawal, the purchased products, accompanied by all the accessories, suitably packed in their original packaging, or in equivalent packaging as long as they are suitable for shipping by courier.

The user must return the products exclusively to our warehouse with the following indication: Tumn - Via dell'Industria 44, Zona Industriale D3 - 15121 Alessandria.

Upon request from the user, the customer service will arrange to collect the returned goods, sending the courier to the address indicated by the user. Also in this case the shipping costs will be charged to the user who benefits from the right of withdrawal. Pursuant to art. 67, paragraph II, of the Consumer Code, is a necessary condition for the exercise of the right of withdrawal the substantial integrity of the product to be returned. The products must not have been damaged and / or altered. To exercise the right of withdrawal it is not required that the goods to be returned are insured against theft and accidental damage caused by transport. However, since the risk inherent in the return of the goods rests on the buyer, Ebm. invites the buyer who intends to exercise the right of withdrawal to ensure, at his own expense, the shipment for the value indicated in the e-mail confirming the purchase order.

The right of withdrawal is governed by the following conditions:

The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.

In case of exercise of the right of withdrawal Tumn will reimburse the customer the full amount of the returned goods, including shipping costs where applicable, within 14 days from the date on which the withdrawal notice was received, subject to Tumn's right to suspend payment of the reimbursement until the goods are actually received. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will be responsible for providing the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN). Also in order to guarantee the free return, the products must be returned in the same box in which they were received. In addition to the cases indicated in the Introduction (customer not a consumer and / or requiring an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:

• order of products made to measure or clearly personalized;
• order for Products that are likely to deteriorate or expire rapidly;
• order for sealed Products that do not lend themselves to being returned for hygienic reasons or connected to the protection of health or that have been opened after delivery.

With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that the Products that "risk to deteriorate or expire rapidly" include all the Food Products (including wines, spirits and drinks) and the cosmetics , as the characteristics and qualities of these types of Products are subject to alteration also as a consequence of inappropriate storage. Therefore, for hygienic and customer protection reasons, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to Tumn and put back on the market without danger to the health of consumers (such as books, gadgets, tools for kitchen, etc.). In the event of exclusion of the right of withdrawal, Tumn will return the purchased Products to the Customer, charging the shipping costs to the Customer.

Return in case of exercise of the right of withdrawal

In the event that the right of withdrawal is exercised, the Customer undertakes to bear the sole cost of returning the products to the Seller.

Responsibility and indemnity

The Owner does not assume the role of agent or mediator, nor can he be held responsible for the fulfillment of the obligations assumed by the Users through the use of the Platform. TUMN does not take part in the economic and contractual relationship between the Users. Users undertake to indemnify the Data Controller (as well as any company controlled or affiliated by the same, its representatives, administrators, agents, licensees, partners and employees) from any obligation or liability, including any legal expenses incurred to defend themselves in court , which may arise in relation to the Products advertised on TUMN, in the event of damage caused to other Users or to third parties, or as a result of the violation of the terms of the law or of the terms of these general conditions. Users are solely responsible for any damage to things or persons caused by them. They must reimburse the full cost of the damage caused to the persons who have suffered the damage. They will also have to compensate the Owner for the amount of any request made against the same by third parties as a result of the mentioned damages. The User will be solely responsible for any consequences that may arise as a result of failure to sell the Products. In any case, and subject to compliance with the law, TUMN cannot be held responsible for:

• loss of profits, customers or reputation;
• damages of any kind caused directly or indirectly by Users;
• errors concerning the information published on the Platform (by way of example but not limited to: comments, profiles, product features, certifications, prices displayed, deadlines) provided by Users;
• the sale or non-sale, failure to deliver, the composition of the Products advertised on the Platform and any event and / or damage that may result;
• damages, losses or costs suffered by Users and caused by errors, infringements, negligence, willful misconduct, omissions, incompleteness, false declarations, objective non-contractual liability, including any type of cancellation (total or partial), strikes, force majeure events and any circumstances that escapes his control.

Economic conditions

Users purchase the Products directly from the producer users at the price established as indicated on the platform - The amounts published include VAT and other applicable taxes.

Communications and messaging

Users undertake to keep their e-mail contact updated, as it is exclusively through this that TUMN will send them communications concerning the use of the Platform. Users undertake to communicate with Users exclusively through the messaging system set up by the Platform. By using the messaging system inside the Platform, Users agree to use it exclusively to send messages related to the Products advertised on the Platform. It is absolutely forbidden:

• Send offensive messages to other Users or third parties, such as communications that promote racism, fanaticism, hatred, physical violence against any group or individual, or any message considered illegal or otherwise violating these general conditions;
• Send messages that harass or urge to harass any person;
• Send messages that involve the transmission of advertising correspondence, cd. chains of S. Antonio, unsolicited e-mails or "spam";
• Send messages with abusive or defamatory content;
• Send messages that contain information that the User knows is false or misleading;
• Send messages that promote or contain an illegal and unauthorized copy of works by third parties protected by copyright;
• Send messages that provide instructions on illegal activities such as, for example, the illegal manufacture or marketing of weapons, the violation of the privacy rights of other parties, or the creation of computer viruses;
• Send messages that constitute or encourage conduct likely to be classified as a crime, or that give rise to civil liability, or that can in any case be qualified as conduct contrary to the law or, prejudicial to the rights of any person in any country in the world;
• Send messages relating to the exercise of commercial activities without the prior written consent of the Data Controller, such as tenders, sweepstakes, exchanges, advertising, and pyramid sales. It is also forbidden to exchange messages that include personal contacts of any kind, references to internet sites and / or business activities other than the one covered by these general conditions.

The Data Controller reserves the right to modify the contents of the aforementioned list at any time, in its sole discretion, as well as to carry out investigations and take appropriate legal action against those who violate the relevant provisions, including by way of example only, the removal of an offensive expression and the interdiction of the person responsible for such violations from the use of the Platform.

Permitted use

Users are not allowed:

• Perform reverse engineering, decompile, disassemble, modify or create derivative works based on the Platform or any portion of it;
• Circumvent the computer systems used by the Platform or its licensees to protect the content accessible through it;
• Copy, store, modify, change, prepare derivative works or alter in any way any of the contents provided by the Platform;
• Use any robot, spider, site search / retrieval platform, or any other device, process or automated means to access, retrieve, scrape or index any portion of the Platform or its contents;
• Rent, dismiss or sub-license the Platform;
• Use the Platform in any other improper way that violates these general conditions.

Resale of the service

Users are not authorized to reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform and its services without the express permission of the Owner, guaranteed directly or through a specific reseller program.

Applicable law and competent court

These general conditions are governed by Italian law. For the resolution of disputes relating to the interpretation, execution or termination of these General Conditions or individual purchase orders, if the Customer is a consumer, pursuant to the Consumer Code, the court of his town of residence or of domicile if located in the Italian territory. In all other cases the territorial jurisdiction is exclusively that of the Court of Rome, any other competent forum excluded.

Alternatively, the European Commission provides a platform for online dispute resolution, which can be accessed through this link: http://ec.europa.eu/consumers/odr/. If you want to bring an issue to our attention, you can contact us at tumn@pec.it (senders other than other pec addresses will not be accepted).