GENERAL CONDITIONS OF SALE
Terms and conditions
GENERAL CONDITIONS OF SALE
1. Scope of application
1.1 These general conditions of sale (the “General Conditions”) apply to all sales contracts concluded between Tessitura Toscana Telerie S.r.l., with registered office in via Giulio Pastore, 46, Sesto Fiorentino, 50019 (FI), VAT number and tax code 01780380489, registered in the Florence business register no. 300340 (“Tessitura Toscana Telerie” or the “Company”) and the customer, identified as a consumer pursuant to the applicable consumer legislation (the “Customer”).
Tessitura Toscana Telerie and the Customer are hereinafter jointly referred to as the “Parties” and, individually, the “Party”.
1.2 The Customer is required to carefully read and accept (by clicking on the appropriate flag in the cart checkout phase) these General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the provisions thereof. In the event of non-acceptance of the General Conditions, the Customer will not be able to purchase the products under the “Tessitura Toscana Telerie” brand. Therefore, the Customer is invited to print and save a copy of the General Conditions for future reference.
1.3 The General Conditions regulate the methods of sale by the Company of the products under the “Tessitura Toscana Telerie” brand (the “Products”) through the e-commerce site www.tessituratoscanatelerie.it (the “Site”).
1.4 The General Conditions do not regulate the supply of services or the sale of products by parties other than Tessitura Toscana Telerie, even if they are present on the Site via links, banners or other hypertext connections.
1.5 You can always contact Tessitura Toscana Telerie at the email address support@ttt-firenze.it and at the number 0554210754.
1.6 The purchase of Products through the Site is strictly reserved for individuals who:
(1) have legal capacity and have reached the age of majority in the country of residence; and
(2) purchase the Products for personal use and not for purposes related to commercial, entrepreneurial or professional activities.
1.7 Tessitura Toscana Telerie will not accept and/or process orders from channels other than the Site or from individuals who do not meet the requirements set out in the preceding paragraph.
2. Conclusion of the Contract
2.1 The sending of a purchase order by the Customer (the “Order”) constitutes acceptance of the offer to the public presented by Tessitura Toscana Telerie through the Site and, therefore, the receipt of the Order by the Company completes a binding sales contract with respect to the Products selected by the Customer, which will be entirely governed by the General Conditions in force at the time of conclusion of the same (the “Contract”).
2.2 Before confirming and sending the Order, the Customer is therefore required to check the summary to verify that the Products selected and all the data provided are correct (for example, the Customer may change the quantity of Products he/she intends to purchase by adding or eliminating one or more of them from the virtual cart).
2.3 Once the Order has been received, Tessitura Toscana Telerie will send the Customer an email confirming receipt of the Order, containing the number and details of the Order placed (“Order Confirmation”).
2.4 Subsequently, Tessitura Toscana Telerie will confirm to the Customer that the Order is being shipped (“Shipping Confirmation”).
2.5 The Customer is required to keep the order number in the Order Confirmation in order to access the after-sales service and for any other communication with the Company.
3. Product Availability
3.1 The Customer can purchase a maximum of 20 items for each Product and a maximum of 10 different Products. Therefore, each Order may contain a maximum of 200 Products, depending on stock availability.
3.2 Tessitura Toscana Telerie constantly monitors and updates the stock availability of the Products viewable on the Site. However, since the Site can be visited by multiple Customers at the same time, it may happen that multiple Customers intend to purchase or purchase the same Product at the same time. In such cases, the Product may appear available for a short period of time, even if it is out of stock or no longer available. If a Product is unavailable for the above reasons or in other cases of subsequent unavailability, Tessitura Toscana Telerie will contact the Customer promptly and in any case within 3 (three) working days at the contact details provided by the same.
3.3 In the case described in the previous art. 3.2, the Order will be cancelled with reference to the unavailable Product and the relative price will be refunded to the Customer without undue delay.
4. Purchase procedure
4.1 To purchase a Product through the Site, the Customer can create and/or access his/her account through the reserved area on the Site or proceed with the Order as a guest, without creating an account (so-called “guest” mode). In the case of purchase in “guest” mode, the Customer must correctly fill in the fields of the specific form on the Site, entering all the data requested therein (for example, name, surname, billing and delivery address, e-mail address and telephone number) necessary in order to execute the Contract.
4.2 The description and essential characteristics of the Products, including details and composition, colors/patterns and measurements, are presented on the Site within each product sheet together with one or more photographic images in digital format. Although Tessitura Toscana Telerie adopts measures to ensure that the photographs shown on the Site are faithful reproductions of the original products, the images and colors of the Products offered for sale on the Site may not be perfectly representative of the real characteristics of the same due to the browser and/or devices used to access the Site. Tessitura Toscana Telerie is not, therefore, responsible for any inconsistency of the graphic representations of the Products shown on the Site if due to the aforementioned technical reasons.
4.3 Without prejudice to Orders already sent and/or Contracts already concluded, Tessitura Toscana Telerie reserves the right to remove any Product from the Site at any time, for commercial reasons relating to the seasonality and performance of the Products themselves.
4.4 In order to send the Order, the Customer selects the Products of interest to him/her that can be viewed on the Site and inserts them into the appropriate virtual shopping cart.
4.5 Before completing the purchase, the Customer is required to verify the accuracy of the contents of the cart and to enter any promotional code in the appropriate section. The promotional code, if valid, will be immediately applied to the amount displayed during the checkout phase. The Customer will then be asked to select the payment method, indicate the billing address and specify the shipping address if different from the billing address.
4.6 By sending the Order - following acceptance of the General Conditions - and clicking on "pay now", the Customer expressly acknowledges and accepts the obligation to pay. Therefore, following the sending of the Order, the price of the Product will be charged to the Customer through the payment method selected by the same.
5. Price and payment methods
5.1 The price of the Products indicated on the Site (the "Price"), expressed in euros or in the local currency where applicable, is inclusive of all applicable taxes and charges (including customs duties). Any shipping costs not included in the Price are quantified and communicated to the Customer in the cart checkout phase, before sending the Order.
5.2 Tessitura Toscana Telerie reserves the right to change the Price at any time, without prejudice to Orders already sent and Contracts already concluded.
5.3 The payment methods for the Price and any shipping costs available to the Customer are:
(1) credit card (Visa, Maestro, Mastercard, American Express, V Pay);
(2) Paypal, Apple Pay, Amazon Pay, Google Pay; and
(3) Scalapay;
5.4 The payment service is managed by a third-party payment provider (different depending on the payment method selected by the Customer). During the payment procedure, additional payment authentication may be required by the card issuer or banking institution (i.a. “Verified by Visa”, “MasterCard Secure Code”). In no event shall Tessitura Toscana Telerie be held liable for payment errors via the third party payment service that occur due to a lack of connection or for direct and/or indirect damages that for any reason or title the Customer may suffer as a result of suspensions or interruptions in the functioning of the banking institution's website (including any cyber attacks).
5.4 The payment service is managed by a third-party payment provider (different depending on the payment method selected by the Customer). During the payment procedure, additional payment authentication may be requested by the card issuer or bank (i.e. “Verified by Visa”, “MasterCard Secure Code”). In no event may Tessitura Toscana Telerie be held liable for payment errors via the third-party payment service that occur due to a lack of connection or for direct and/or indirect damages that for any reason or title the Customer may suffer as a result of suspensions or interruptions in the functioning of the bank’s website (including any cyber attacks).
5.5 Tessitura Toscana Telerie – through the third-party payment service provider – will perform a standard pre-authorization on the payment method selected by the Customer. If, for any reason (relating, for example, to the inadequacy/insufficiency of the payment data provided by the Customer), it is impossible to charge the Price, the purchase process will be automatically cancelled and the Order will not be sent to Tessitura Toscana Telerie. Due to the failure to conclude the Contract, Tessitura Toscana Telerie will have no obligation to deliver to the Customer, nor will the Customer be able to claim payment of any indemnity and/or compensation for damages.
5.6 Through the “pay in 3 installments” or “pay in 4 installments” options, Scalapay S.r.l. (payment service provider, “Scalapay”) allows the payment of the Price to be deferred in three or four installments of the same amount. Payments for each installment will be automatically charged to the Customer via the payment method selected by the same. The first installment will be charged to the Customer at the time of sending the Order pursuant to art. 4.6; the second and third installments (and possibly the fourth installment) will be charged respectively one month apart (unless otherwise indicated on the Site by Scalapay). More information on the terms and conditions of use of the payment by installments service offered by Scalapay is available here.
6. Shipping and delivery
6.1 The Products purchased will be delivered to the Customer by shipping to the delivery address indicated by the Customer in the Order.
6.2 The Products will be delivered within 1/2 (one/two) working days or 2/3 (two/three) working days in the case of direct deliveries to islands and other remote destinations, starting from the receipt of the Shipping Confirmation.
6.3 It is understood between the Parties that the delivery times indicated above are purely indicative and that in any case the delivery will be made within 30 (thirty) days from the conclusion of the Contract. After receiving the Shipping Confirmation, the Customer will be able to monitor the status of the shipment from the reserved area on the Site and/or on the courier's site via the shipment tracking code provided in the Shipping Confirmation.
6.4 Shipping costs depend on the weight of the Products and the delivery address indicated in the Order. Delivery will be free for Orders equal to or greater than €70.00 (seventy/00). More information on costs and delivery times is available here.
6.5 Upon delivery of the Products by the courier, the Customer (or the representative or other person indicated by the Customer) is required to verify: (i) the accuracy of the recipient's data on the delivery receipt; and (ii) the integrity of the packaging and seals.
6.6 Any damage to the packaging, the presence of seals altered in any way and/or discrepancies with respect to the recipient's details or documentation must be immediately indicated in writing on the courier's delivery receipt.
6.7 It is understood between the Parties that orders consisting of multiple Products may be subject to multiple shipments.
7. Risks and ownership
7.1 Ownership of the Products will be transferred to the Customer only upon payment of the Price and shipping costs, while the risk of loss or damage to the Products will remain with Tessitura Toscana Telerie or the courier until the Products have been delivered.
8. Warranty
8.1 The Products purchased through the Site enjoy the legal guarantee of conformity pursuant to articles. 128 et seq. of the Consumer Code (the “Guarantee”).
8.2 Without prejudice to the provisions of art. 4.2, Tessitura Toscana Telerie undertakes to deliver to the Customer Products that comply with the Contract. In the case of defective Products and/or those that do not comply with the promised qualities, the Customer must promptly notify Tessitura Toscana Telerie by completing the appropriate form (available here). The report is not necessary only in cases where Tessitura Toscana Telerie has acknowledged the existence of the defect in writing or has concealed it.
8.3 Unless proven otherwise, it is presumed that the defects of conformity that appear within the first 12 (twelve) months from the date of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of conformity.
8.4 The Warranty has a duration of 2 (two) years from the date of delivery of the Product.
8.5 If Tessitura Toscana Telerie ascertains the defect or non-conformity of the Product, the Customer has the right to restore the conformity of the Product, requesting, free of charge, the repair or replacement of the Product, unless the requested remedy is objectively impossible or excessively onerous (taking into account the value of the goods and the extent of the defect). The repair or replacement of the defective Product will be carried out by Tessitura Toscana Telerie within a reasonable time from the moment in which the Company was informed of the lack of conformity.
8.6 In cases where the repair or replacement of the Product is impossible or excessively onerous, the Customer may request an appropriate reduction in the Price or termination of the Contract (unless the lack of conformity is minor).
8.7 It is understood that the Customer will not be entitled to exercise the Warranty in the following cases:
(1) in the absence of proof of purchase;
(2) if the Product has been used, damaged, modified or otherwise altered by the Customer or third parties; and
(3) in the absence of the original labels, part of the Products and/or accessories.
8.8 The shipping costs for the return of defective and/or non-compliant Products to be repaired or replaced in accordance with this article will be borne by Tessitura Toscana Telerie, as well as the costs relating to the delivery of the repaired or replaced Product to the Customer.
9. Force Majeure
9.1 Tessitura Toscana Telerie shall not be liable for any failure or delay in the performance of any of its obligations under the Contract and/or these General Conditions caused by events beyond its reasonable control, such as strikes, lockouts or other industrial action, civil insurrections, invasions, terrorist attacks (even threatened), wars (declared or not) or threats of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, pandemics or other natural disasters, impossibility of using railways, maritime transport, aircraft, motor transport or other means of public or private transport, impossibility of using public or private telecommunications networks, acts, decrees, regulations, rules or limitations imposed by governments and/or public authorities (“Force Majeure”).
9.2 In the event of Force Majeure, the performance of the services by Tessitura Toscana Telerie may be suspended for the duration of the Force Majeure event. Tessitura Toscana Telerie undertakes to inform the Customer of the occurrence of a cause of Force Majeure without undue delay and in any case within 7 (seven) days of its occurrence. In any case, the right of withdrawal pertaining to the Customer pursuant to art. 10 remains intact.
10. Right of withdrawal
10.1 The Customer may withdraw from the Contract, without any penalty and without having to indicate the reason, within 14 (fourteen) calendar days, starting from the day on which he received the Product. After this period, the return will no longer be accepted.
10.2 To exercise the right of withdrawal, in compliance with the above deadline, the Customer must complete the appropriate withdrawal form (available here) by entering the order number and the email address through which the purchase was made, as well as the Product and/or Products to be returned. The burden of proof relating to the exercise of the right of withdrawal in accordance with this article lies with the Customer.
10.3 It is understood that the right of withdrawal can be exercised exclusively by the Customer and in no case by the recipient of a gift Product.
10.4 When exercising the right of withdrawal, the Customer may return the Products free of charge using a courier selected by Tessitura Toscana Telerie. Upon written request to the Company, the Customer may use a different courier or carrier selected by the latter; in this case, the shipping costs will be borne by the Customer.
10.5 The Product must be returned without undue delay and in any case within 14 (fourteen) days from the date on which the Customer communicated to Tessitura Toscana Telerie his decision to withdraw from the Contract.
10.6 The Products must be returned in compliance with the following conditions:
(1) the Products must be returned in their original packaging, complete with original packaging and labelling (including boxes, accessories, tags, labels and dust bags);
(2) the Products must not have been used, washed or damaged;
(3) the right of withdrawal applies to the Product in its entirety and not to individual parts of it;
(4) the shipment, until receipt by Tessitura Toscana Telerie, is under the responsibility of the Customer.
10.7 Following receipt of the returned Product and verification of its suitability by Tessitura Toscana Telerie or persons appointed by it, Tessitura Toscana Telerie will send the Customer an email confirming acceptance of the return (the “Return Confirmation”).
10.8 Following the Return Confirmation, Tessitura Toscana Telerie will refund all payments received from the Customer, including shipping costs, without undue delay and in any case within 14 (fourteen) days from the day on which the Company is informed of the decision to withdraw from the Contract. The Customer will therefore receive a full refund of the Price with the same method used to make the payment, with different timescales depending on the payment method originally selected and the reference banking circuit.
It is understood that in the case of return by paid shipment via courier or other carrier selected by the Customer pursuant to art. 10.4(2), Tessitura Toscana Telerie may withhold the refund until it has received the Products or until the Customer has demonstrated that he has returned the Products (depending on which situation occurs first) and until the Customer receives confirmation that the Product has been returned to Tessitura Toscana Telerie, the Customer will be responsible for any damage due to transport.
10.9 It is understood that the right of withdrawal also applies to Products purchased on sale or during sales or other promotional periods.
11. Intellectual Property
11.1 Tessitura Toscana Telerie guarantees the authenticity and high quality of all Products offered for sale through the Site. All intellectual property rights (by way of example, the trademarks “Tessitura Toscana Telerie” both denominative and figurative) insistent on or relating to the Products and related accessories and packaging are and remain the exclusive property of Tessitura Toscana Telerie.
11.2 The Customer will not acquire any right to the intellectual property rights of Tessitura Toscana Telerie by reason of and as a result of the Contract and/or these General Conditions. Total or partial reproduction, modification, alteration and any other use of the intellectual property rights of Tessitura Toscana Telerie is absolutely prohibited without the prior written consent of Tessitura Toscana Telerie.
12. Protection of personal data
12.1 The Customer's personal data collected by Tessitura Toscana Telerie during the conclusion or execution of the Contract will be processed solely in accordance with the Tessitura Toscana Telerie privacy policy (hereinafter the "Policy") available here.
12.2 In accordance with the Policy, the Customer's personal data (including those contained in communications with the Company via email or other instant messaging channels) will be processed by Tessitura Toscana Telerie for the period strictly necessary to achieve the purposes for which they were collected and retained for the entire duration of the contractual relationship and, at the end of the same, for the period of time permitted by the statute of limitations.
13. Communications
13.1 For any need or requirement, the Customer can contact the Tessitura Toscana Telerie customer service (the “Customer Service”), i.e. by contacting the staff at 0554210754, from Monday to Thursday 8:30-12:30 and 13:30-17:30, on Fridays from 8:30-12:30 and 13:00-17:00 (Central European Time - CET). At any time, it is possible to contact the Company via email by filling out the appropriate form available here or by writing to support@ttt-firenze.ita. For immediate answers to frequently asked questions relating to the online purchasing experience, it is also possible to consult the FAQ section of the Site.
13.2 Tessitura Toscana Telerie undertakes to respond to the Customer's requests as soon as possible, using the contact channel chosen by the Customer or another contact information indicated by the Customer in the Order. It is understood that Customer communications sent to other addresses and/or via communication channels not provided for in this article are not considered to have been correctly received and will not be taken into account.
14. Changes and updates
14.1 Tessitura Toscana Telerie reserves the right to periodically review and modify these General Conditions in order to reflect changes in market conditions that affect its business, technological changes, changes in payment methods, changes in regulations and relevant legal requirements and changes in the capacity of its system.
14.2 Each Contract is governed by the General Conditions in force at the time of its completion. Each change or update will be regularly published on the Site and/or communicated to the Customer and will be immediately effective from the date of publication and/or communication of the same for Orders placed from that moment onwards.
15. Miscellaneous
15.1 Failure to exercise or delay in exercising a right provided for by the Contract and/or these General Conditions does not constitute a waiver of the same.
15.2 In the event that any provision of these General Conditions is invalid, ineffective or unenforceable for any reason, such provision shall be considered as severed from these General Conditions and the remaining provisions contained herein shall be fully valid and effective and shall not be affected by the invalid, ineffective or unenforceable provision.
15.3 The Contract is binding on both Parties and on their respective successors and assigns. Tessitura Toscana Telerie may transfer, assign, assign, subcontract or otherwise dispose of the Contract, or any of its rights or obligations arising from it, at any time during the term of the same, without prejudice to the obligation to guarantee an effective level of protection of the Customer's rights at least equal to that guaranteed under the Contract.
16. Applicable law and competent court
16.1 These General Conditions and the individual Contracts are governed by and must be interpreted in accordance with Italian law.
16.2 Any disputes relating to these General Conditions and/or individual Contracts will be subject to the territorial jurisdiction of the competent court in the place of residence or domicile of the Customer.
16.3 The Customer residing in a Member State of the European Union has the possibility of using the platform established by the European Commission for the resolution of disputes relating to distance selling contracts (“ODR Platform”). Through the ODR Platform, the Customer and the Company can resolve disputes relating to purchases made pursuant to these General Conditions through the assistance of an impartial body. The ODR Platform is accessible at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
General Conditions updated on 14/11/2024