General Terms and Conditions for sale/online purchase agreement
1.1. These General Terms and Conditions of Sale apply to purchases made on the www.CONTEXTURE.IT website by Consumers and/or Professional Purchasers, defined as follows;
1.2. Depending on the purchaser concluding the agreement – i.e. consumer or professional purchaser – different rules and regulations apply, as better specified below.
2.1. Contexture, with registered office in VIA TOMMASO CAMPANELLA 41, Rome, and E-mail address: firstname.lastname@example.org, shall act as the Seller. The same runs its own entrepreneurial and business activity and promotes the sale of its products by entering into distance purchasing agreements on its online platform, www.CONTEXTURE.IT, in accordance with the conditions provided for in these General Terms and Conditions for Online Sale;
2.2. Professional Purchaser is any freelance professional or legal person who, by means of an empowered and authorised natural person (legal representative, employee or other collaborator) purchases on the E-commerce website and enters into online sales agreements in the course of its entrepreneurial and trade activity.;
2.3. Consumer is any natural person acting for personal, non-business purposes other than any trade, business, craft or profession, pursuant to Article 3, paragraph 1, sub-paragraph a) of the Legislative Decree No. 206 of 6 September 2005 (Consumer Code): “consumer or user means any natural person who acts for purposes which are outside their trade, business, craft or profession”;
2.4. User means any party visiting the platform and interacting with the website functionalities. Such definition refers both to the Consumer and the Professional Purchaser;
2.5. Consumer Code means the Legislative Decree No. 206 of 6 September 2005 (Consumer Code) as subsequently amended and supplemented;
2.6. Agreement or Sales Agreement means the purchase and sale agreement of the movable goods made available through the E-commerce website concluded between the Seller and the Professional Purchaser and/or Consumer in the context of a distance sale system using telematic means provided by the Seller itself;
2.7. Parties means the Seller and the Consumer or the Seller and the Professional Purchaser;
2.8. Portal or Platform or Website means the www.CONTEXTURE.it website managed by the Seller through which the online purchase agreement is entered into;
2.9 CONTEXTURE.IT is a customised online service allowing Users (Consumers and/or Professional Purchasers) to purchase professional-quality fabric garments (clothing, fashion and furnishing accessories) featuring prints designed by Contexture, which are the exclusive property of the Seller (hereinafter also referred to as Products);
2.10 These General Terms and Conditions apply to all products and services made available on the CONTEXTURE.it website in accordance with the Italian law (hereinafter referred to as the “Website”), unless otherwise specified;
2.11 These General Terms and Conditions may be updated or amended at any time; any amendments and supplements thereto shall be valid and effective following the date of their publication on the Website and shall apply to all services provided as of that time;
2.12 By accessing the Website and using its services, the User expressly accepts, without reserve, these General Terms and Conditions, which shall be deemed a binding contract between the User and Contexture;
3. General Provisions
3.1. These General Terms and Conditions for the Online Sale govern the business relationships between the Seller and the Consumer and/or Professional Purchaser and are an integral and substantial part of the agreement for the sale of movable goods subject to stipulation;
3.2. These General Terms and Conditions of Sale shall always apply: different terms and conditions of sale established or provided for by the Consumer and/or Professional Purchaser shall never be part of the agreement between the Parties, not even is the Seller accepts the order;
3.3. The Consumer and/or Professional Purchaser is aware that the General Terms and Conditions of Sale published on this Portal may be amended; for this reason, any purchase shall be governed exclusively by the General Terms and Conditions of Sale in force at the time the agreement is concluded;;
3.4. The Parties, in compliance with the applicable laws, agree that in the event one or more of the provisions of these General Terms and Conditions of Sale is or are declared void or invalid, such event shall not affect the validity and the effectiveness of the other provisions, that shall remain fully enforceable and effective;
4. Pre-contractual information to the Consumer
4.1. The pre-contractual information shall be provided to the Consumer prior to the Consumer being bound by any distance online sales agreement. In particular, the information set down in Article 49 of Legislative Decree No. 21 of 21 February 2014 is provided on the www.CONTEXTURE.it website and may always be accessed by clicking on the “Terms of Sale” link available on the Website.
5. REQUIREMENTS TO USE CONTEXTURE – SIGNING UP – PERSONAL DATA.
5.1 The CONTEXTURE website and services (“Services”, defined as follows under paragraph ….) are intended for the use by the User (hereinafter “User” or, in its plural form, “Users”). The offers presented on the Website are reserved to Users with a delivery address in the EU territory.
5.2 Signing up to the Website is compulsory and allows faster access to CONTEXTURE.
5.3 Once the signing up procedure has been completed, the User will be assigned a personal “User Account” (hereinafter referred to as “Account”) to be accessed with a User Identification (ID) and a Password (PW);
5.4 The User shall be the sole and exclusive party in charge with keeping such data confidential and with the correct use thereof (such responsibility shall be extended to any activity performed by using such data);
5.5 In order to use the Website, the User shall be at least 18 years old and shall provide the information required (e.g. name and surname, E-mail address, delivery address…).
The User agrees to provide true, complete and updated information.
5.7 Once the signing up procedure has been completed, the User will receive a “welcome” E-mail confirming his or her signing up.
5.8 The User is responsible for his or her account and all the activities performed as well as for the orders submitted through his or her account. Moreover, the User shall immediately report to the Seller any credential theft or unauthorised access;
5.9 The User that signed up may manage his or her personal account at any time by accessing the personal control panel and by modifying his or her address and/or personal data;
5.10 The User that signed up may view the complete catalogue of the Products available for purchase, the Product descriptions, the technical information, the prices, the shipping costs and the methods as well as any other information necessary to correctly express his or her purchase intent;
5.11 The User shall be responsible for any detrimental consequence or harm that may arise against CONTEXTURE or third parties as a result of the incorrect use, loss, theft and/or compromising of the confidentiality of ID and PW;
5.12 All the operations carried out through the Account will result in the automatic attribution of such operations and of the orders submitted to the User himself or herself, in accordance with the General Conditions, without exception,;
5.13 Should the User make false statements or provide any inaccurate, not current or incomplete information, CONTEXTURE shall by no means be liable for any failure to provide its services (e.g. failure to send an E-mail confirming the order, failure to deliver, failure to refund);
5.14 Should CONTEXTURE consider, at its own discretion, that the information provided by the User is untrue, inaccurate, not current or incomplete, the same has the right to temporarily or permanently deactivate the User’s Account and to prevent the User from further using the Service;
5.15 In the event of unlawful access to one or more Accounts, CONTEXTURE has the right to deactivate such Account/s at its own discretion;
6. DESCRIPTION OF THE GOODS’ FEATURES AND USE OF THE SERVICES.
6.1 CONTEXTURE proposes a range of customised products and services (hereinafter jointly referred to as “Services and/or Products”) intended for its Users, availing itself of Software for the digital printing processing, designed and produced by Contexture (hereinafter referred to as “Products”) as described below:
6.1.1- printing on professional-quality fabric items – with different shapes, models and sizes (i.e. clothing, fashion and furnishing accessories provided by Contexture) – of prints present on the Website designed by Contexture, and exclusively owned by the Seller.
6.1.2.- printing on professional-quality fabric items – with different shapes, models and sizes (i.e. clothing, fashion and furnishing accessories provided by Contexture) – of prints designed by Contexture at the User’s request, exclusively owned by the Seller. The costs sustained for such services will vary depending on the specific requests of the User and may be subject to increases or supplements – as agreed upon by the Seller and the User – should such requests change during execution.
In particular, the User may:
6.1.3- purchase fabrics by the metre, featuring prints designed by Contexture and available on the Website in the “Fabric” section;
6.1.4-purchase an item or accessory of the Collections featuring one of the 8 prints available on the Website and make standard changes available in the “Collection” section;
6.1.5- purchase an item or accessory of the Collections featuring one of the 8 prints available on the Website and make special alterations – referred to on the Website as “takin-in alterations” – available on the Website in the “Collections” section, intended for customising the product,;
6.1.6- purchase garments, accessories and fabric by the metre customised by featuring a completely new print designed by Contexture at the request and as specified by the User, that shall remain the exclusive property of the Seller;
6.1.7 For all herein expressly not provided for in relation to the variations in price due to the customisation of the products referred to in the paragraphs 6.1.2, 6.1.5, 6.1.6, please refer to “Contents of the Website”, that is an integral and substantial part of these General Terms and Conditions of Sale.
- All sale prices of the products shown and referred to on the Website are expressed in Euros and constitute an offer to the public pursuant to Article 1336 of the Civil Code;
- The products on sale are listed on the Website according to their category: the User may search for a product by selecting the category buttons placed above or on the left-hand menu. By selecting a category, the User will be able to view all the items included in that category; once the desired garment or item has been selected, the User can view the product in the preferred print, select a size and submit the order;
- For each product on the Portal, there is a product description available that includes: the product name, representative images, availability, any points/rating, fabric specifications (composition and details) and the complete technical data along with a description of the main features of the product. These data will be summarised again when the User, by clicking on the pre-order icon, submits his or her request;
- The User is aware that the information provided on the Portal and, in particular, the images included in the product description are used as a general reference and are made available for information purposes, in order to allow the identification of the product: images and colours of the products on sale may look different in reality. Such possible variations may depend on the Internet browser or the monitor used as well as on the settings on his or her monitor (brightness, contrast, quality and model of the printer, and so on); moreover, the pictures, no matter how accurate, may not reproduce the actual placement of the print on the specific item since this is an all over print, it may look different from item to item. For this reason, any dissimilarity shall not be deemed a defect or a lack of conformity of the product. The Seller does not sell second-hand products, flawed products or products of a quality lower than the corresponding market standard;
- Each Order by the User shall be deemed an offer to purchase from
ANY MODIFICATION OR CANCELLATION OF PURCHASE ORDERS SHALL BE FORBIDDEN.
CONTEXTURE operators shall not, subject to exceptions, modify the order parameters, with particular regard to:
- wrong number of items;
- repeated submission of the same order;
- wrong delivery address;
- other errors by the User (e.g. placement, image quality, etc.).
The information provided by the User when making the order shall be deemed as binding for the User; in the event of any typing errors made by the User while entering the address and contact details of the recipient of the order, CONTEXTURE shall not be held liable for any failure to execute the order.
The automatic orders recording systems shall be deemed as evidence of the nature, contents and date of the order.
An order confirmation will be sent to the E-mail address communicated by the User; another E-mail enclosing the information on the products details, price, delivery and terms of payment will be sent at a later time to confirm acceptance of the order.
CONTEXTURE reserves the right to cancel any order in the event of non-observance of these General Terms and Conditions of Sale by the User. In this case, the User has the right to ask for a reimbursement in compliance with these Terms and Conditions, as specified below under paragraphs 7 and 8.
7. PRICES, TERMS OF PAYMENT AND DELIVERY.
7.1 The prices shall be listed on the Website in the section related to the “Products” and shall be calculated based on the type and quantity of the requested products (hereinafter referred to as “Products”) as well as on the delivery method chosen by the User.
7.2 CONTEXTURE reserves the right to change its prices at any time. At the same time, CONTEXTURE agrees to apply the prices listed on the Website at the time of making the order.
The prices for the orders undergoing processing shall not be changed.
7.3 The prices are shown in Euros and include the VAT. The price applicable will be viewed by the User while browsing the Website. The Products shall remain the property of the Seller until full payment of the amount due is made.
7.4 The s delivery and management costs shall be reported prior to confirming the order, shall be listed as a separate entry and shall be part of the total amount charged to the User.
7.5 The payments shall be made online through a PAY Pal secure payment system or in any other way specified on the Website.
7.7 CONTEXTURE shall hold no liability in the event of failure to collect the product at the address specified by the User. After 90 working days following the failed collection of the Products, CONTEXTURE shall be entitled to terminate the contract and proceed with the disposal of the Products, without prejudice to CONTEXTURE’s right to compensation for the damage suffered.
Any amounts paid by the User may be held as compensation for damages.
7.8. Each User – either Consumer or Professional Purchaser – shall declare to be fully entitled to use the payment instrument chosen. Each User shall verify that the same is able to cover all the costs related to the purchases;
7.9. All communications related to credit cards and similar payment instruments shall be made through a specific line of the Seller that is protected by encryption. The Seller ensures that this information will be stored by an additional security layer of encryption in accordance with the applicable laws on the protection of personal data;
7.10. The User wishing to submit the order – after viewing the order summary – shall click on “Submit order”. After filling in the requested fields intended for delivery and invoicing and after choosing the desired payment method, the User shall read through the General Terms and Conditions of Sale and click on the respective checkbox to declare that he or she has read, understood and accepted the terms of purchase. The User can always consult the terms of sale either by clicking on the corresponding link in the footer of the Website or on the hyperlink (I hereby accept the terms and conditions of sale) included in the text of the checkbox;
7.11. In order to proceed with the purchase of the Product, the User, after having accepted the General Terms and Conditions of Sale by selecting the corresponding checkbox, has to click on “PROCEED TO PAYPAL”: Users choosing this payment method will be redirected to the form where the PayPal account details have to be entered. In this case, as well, the purchase and sale agreement shall be deemed concluded upon receipt by the User of the confirmation related to the order acceptance sent by the Seller;
7.12. At this point, the User will receive an “order submitted” confirmation by E-mail enclosing a summary of all order details that confirms that the Seller has received the order. This E-mail shall not be understood as a contractual acceptance of the order. Indeed, the online purchase and sale agreement shall be deemed concluded only upon receipt by the User of the confirmation of the order acceptance by the Seller;
7.13. The E-mail confirming the order sent to the User by the Seller shall include the order number, purchase summary, invoice, a link to the General Terms and Conditions of Sale, expected date of delivery and the information needed to identify the Seller.
7.14 The Seller reserves the right to not sell its Products to specifically selected purchasers, for instance, in cases when the Seller has reasons to believe, at its own discretion, that the purchases have been made by parties that are misusing or have misused the online sales service. The Seller reserves such right in order to prevent abuses, without discrimination on grounds of sex, race, language, religion, political opinions, personal and social conditions;
8. Delivery terms
8.1. The Seller shall deliver the Products ordered by the User in the manner indicated in the “order confirmation” E-mail, taking into consideration the time needed for the fabric printing;
- The Seller shall deliver the items by e-motion within 10 – 15 working days – except for the Products that are out of stock – following the date of the online sales agreement was concluded. The delivery terms shall be deemed indicative and not binding. Any delay in delivery shall not give the Consumer or the Professional Purchaser the right to terminate the online sales agreement;
- Any risk and hazard during the delivery of the Goods shall be borne exclusively by the Consumer or Professional Purchaser. Therefore, the Seller shall hold no liability for the damages to the Goods during delivery or in the event the Goods that have already been handed over to the carrier are stolen;
9. Seller’s liability to the Professional Purchaser and limits thereof
9.1. The Professional Purchaser undertakes to pay the amount due for the purchased Products in the way and in accordance with the terms specified above;
9.2. As to the purchases made through this Website by the Professional Purchaser, the warranty given by the Seller shall only cover the Business2Business purchases in accordance with the general applicable rules (Article 1490 et seq. of the Civil Code). In particular, such warranty shall be effective only if the Product is used for the purpose the same has been intended for;
9.3 Any claims related to the Goods ordered and delivered will be accepted within at most 8 days following the receipt thereof by the Professional Purchaser. Such claims may be sent to the following address: email@example.com
9.4. No returns shall be accepted unless previously authorised and approved of by the Seller, for instance, in case of a defective Product (any defects in the delivered Products shall be reported within 8 days following the discovery of such defects). In the event a Product is defective, the Seller shall issue a credit note as reimbursement of the amount paid or shall replace the Product;
10. Consumer’s right of withdrawal and reimbursement
10.1. The Consumer is entitled to withdraw from the online sales agreement without any penalty and without providing any reason within 14 (fourteen) days pursuant to Article 52, paragraph 2 of the Civil Code. The withdrawal period shall elapse after 14 days as follows:
- a) in the case of a sale agreement for of a single Product (purchase of a single Product): “following the day on which the Consumer or a third party, other than the carrier and a party named by the Consumer – acquires the physical possession of the Goods”;
- b) in the case of a sale agreement for multiple Goods ordered by the Consumer using one order (purchase of multiple Goods using one order) and delivered separately: “following the day on which the Consumer or a third party – other than the carrier and a party named by the Consumer – acquires the physical possession of the last item”;
- c) in the case of an agreement for the delivery of goods consisting of multiple lots or pieces: “following the day on which the Consumer or a third party – other than the carrier and a party named by the Consumer – acquires the physical possession of the last lot or piece”;
- Procedures for exercising the right of withdrawal: the Consumer shall inform the Seller about his or her decision to withdraw from this online sales agreement by serving an explicit notice of withdrawal (e.g. a letter sent by post, fax or E-mail)
- To this aim, the Consumers may:
1- Use the withdrawal form available at the website footer;
2- Serve any other explicit notice expressing his or her decision to withdraw from the online sales agreement by fax, E-mail, ordinary or registered letter;
10.4. In order to correctly exercise his or her right of withdrawal, the Consumer shall express his or her decision to withdraw from the contract by forwarding an explicit notice to the Seller following the above mentioned procedures before the withdrawal period has elapsed: the right of withdrawal shall be deemed correctly exercised if the above mentioned notice is sent to the Seller before the withdrawal period elapses. It is reminded that the burden of proof related to the exercise of the right of withdrawal shall be borne by the Consumer;
10.4. To help the Consumer, the contact details of the Seller are indicated here firstname.lastname@example.org.
11. Effects of the Consumer’s withdrawal
11.1. The Consumer withdrawing from this online sales agreement shall be reimbursed any payment made in favour of the Seller without undue delay and, however, no later than 14 days following the day on which the Seller is informed about his or her decision to withdraw from this agreement. Such reimbursements shall be made by using the same payment methods used for the initial transaction, unless otherwise expressly agreed by the Consumer; anyway, he or she shall bear no costs as a result of such reimbursement;
11.2. The reimbursement may be withheld until the Goods are received or until the Consumer provides evidence that the Goods have been returned;
11.3 the Products shall be returned in their original condition, namely with undamaged labels and tags and, apart from normal wear and tear, with the original packaging, which is an integral part of the purchased Product;
11.4 the Seller shall not be liable for the reimbursement due for the Products that have not been received thereby because of loss, theft or damages not attributable to the Seller;
11.5. If the Consumer has received the Goods under the online sales agreement, the same shall send them back or return them to … without undue delays and, however, no later than 14 days following the day on which he or she informed the Seller about his or her decision to withdraw from this online sales agreement. The deadline shall be deemed met if the Goods are sent back before the period of 14 days elapses;
11.6. The Consumer shall bear the direct costs sustained for returning the Goods. The actual return costs will depend on the returning method chosen by the Consumer (e.g. by carrier or different delivery method);
11.7. In the event the Seller has not complied with its information obligations regarding the existence of the right of withdrawal as well as the procedures and conditions for the return or pickup of the Good in case the right of withdrawal is exercised, the time limit set for exercising such right is of 12 months following the end of the initial withdrawal period, as specified in the previous paragraph. If the Seller provides the specified information within 12 months following the end of the initial withdrawal period, the right of withdrawal shall elapse after 14 days following the date on which the Consumer was informed;
11.6. Upon receipt of the notice by which the Consumer exercises his or her right of withdrawal, the Parties (the Seller and the Consumer) shall be exempted from their mutual contractual obligations, without prejudice to the above mentioned obligations of the Consumer and the Seller.
12. EXCLUSION OF THE RIGHT OF WITHDRAWAL
The User/Consumer is fully informed and aware that, pursuant to Article 59, paragraph 1, sub-paragraph c) of Legislative Decree No. 206/2005 (Consumer Code), the right of withdrawal is excluded as regards the Services provided by CONTEXTURE as referred to in subparagraphs 6.1.2, 6.1.5 and 6.1.6, since the same have been customised according to precise and specific requests by the User;
13. Liability and obligations of the Seller to the Consumer: liability for defective products, proof of damage and recoverable damages
13.1. The Consumer shall pay the amount due for the purchased Products in the way and in accordance with the terms specified above. The same shall, furthermore, print and keep a copy of the order confirmation E-mail enclosing the order number, the order summary and the General Terms and Conditions of Purchase;
13.2. Pursuant to Articles 114 et seq. of the Consumer Code, the Seller shall be liable for the damages caused by defects of the Goods covered by the sale if the Seller fails to provide the injured party, within three months of the request, with the identity and address of the manufacturer or the supplier of the Goods;
13.3. The injured party shall make a written request stating the product that caused the damage as well as the place and date of purchase; such request shall also include the offer related to the product, if still existing;
13.4. The Seller shall not be deemed liable for the consequences arising from a defective product if the defect is due to the product’s compliance with a compulsory provision or binding measure, or if the state of scientific and technical knowledge, at the time when the manufacturer released the product, did not considered it as defective;
13.5. No reimbursement shall be due if the injured party despite being aware of the product’s defect and the risk deriving therefrom, deliberately exposed himself or herself to it. However, the injured party shall prove the damage, the defect and the causal relationship between defect and damage;
13.6. The injured party may claim the reimbursement of the damages caused by death or personal injury or by the deterioration of items other than the defective product, as long as the same are normally intended for private or personal use and, as such, mainly used by the injured party;
13.7. The damage to things as prescribed by Article 123 of the Consumer Code shall, however, be eligible for compensation only if exceeding the amount of Euro Three hundred and eighty-seven (Euro 387);
13.8. The Seller shall not be deemed liable for damages, losses and costs incurred by the Consumer as a consequence of breach of contract for reasons not attributable to the same; in such a case, the Consumer shall be entitled only to be reimbursed the whole amount paid together with any expenses incurred.
14. Warranty and Consumer assistance
14.1 Contexture ensures that the quality as well as any defects of all its PRODUCTS are controlled and checked before being dispatched to the Customer. Any claim regarding visible defects shall be submitted in written form within 10 working days following the date of delivery. In particular, with regard to visible defects, the liability of the Seller is limited to the Goods in their original state that have not been subjected to further processing (e.g. washing, tailoring). Contexture shall not accept the return of products that have been used, worn, washed, damaged or altered in their essential and qualitative characteristics and/or that have their tag, internal labels as well as any other material that is part of the original package removed. Should defective products be returned, Contexture will not consider as defective the products damaged as a result of normal wear and tear or tears. The Goods claimed shall remain available to the Supplier for any verification required and be stored with due diligence for 10 working days.
14.2. The Seller shall be liable for any lack of conformity occurring within two years (24 months) of the Good’s delivery to the Consumer;
14.3. For the purposes of the present agreement, it is assumed that the Goods are compliant with the contract if, where relevant, the following circumstances coexist: a) the Goods fit the use usually intended for similar goods; b) with the Goods fit the description by the Seller and have the qualities of the Goods the Seller had shown to the Consumer as being a sample or model thereof; c) the Goods prove the quality and performance which are normal in similar Goods and which the Consumer may reasonably expect, given the nature of the Goods and taking into account, where relevant, any public statements on the specific characteristics of the Goods made by the Seller, the producer or its representative, particularly in advertising or on labelling; d) the Goods are suitable for the special purposes intended by the Consumer as made known to the Seller at the time the contract was concluded and accepted by the Seller;
14.4. The Consumer shall lose any right if the same does not report the lack of conformity to the Seller within two months following the discovery of the defect. Such report is not required if the Seller has acknowledged or concealed the existence of the defect;
14.5. In any case, unless proven otherwise, any lack of conformity occurring within six months following the delivery thereof shall be deemed as existing at the time of delivery, unless such assumption proves incompatible with the nature of the goods or the nature of the lack of conformity;
14.6. In the event of lack of conformity, the Consumer may request, alternatively and at no cost, the repair or replacement of the purchased Goods, a reduction in the purchase price or the termination of this agreement in accordance with the terms and conditions reported below, unless such request proves objectively impossible or extremely expensive for the Seller pursuant to Article 130, paragraph 4 of the Consumer Code;
14.7. Such request shall be submitted to the Seller in written form by registered letter with acknowledgement of receipt or by standard or certified E-mail. The Seller shall indicate his readiness to process the request or the reasons preventing him from doing that within seven working days following the receipt of the request. At the same time, should the Seller accept the request served by the Consumer, the same shall indicate the method chosen for the delivery or return of the Goods as well as the time limit by when the same will return or replace the defective goods;
14.8. In the event the repair or replacement of the Goods is impossible or extremely expansive or the Seller does not repair or return the Goods within the deadline foreseen in the previous paragraph or the repair or replacement of the Goods has caused significant inconvenience to the Consumer, the latter may request, at his or her option, a suitable reduction in the price or the termination of the contract. The Consumers shall, in this case, submit his or her request to the Seller, who will indicate its readiness to process such request or the reasons preventing him from doing that within seven working days following receipt of the request;
14.9. Enclosed with the notice thereby the Seller has accepted the request by the Consumer, the Seller shall state the extent of the suggested reduction in price or the preferred method for returning the defective Goods. In such a case, the Consumer shall indicate the preferred method for the reimbursement of the amounts paid to the Seller;
14.10. The Consumer may submit possible claims or request support and assistance both by post and by telephone, fax or E-mail at the following address: email@example.com.
15. Use of the Portal and Liability of the Seller | Users
15.1. The User makes use of the services provided through the online shop platform at his or her expense: he or she shall bear any costs related to the use of a computer and internet connection;
15.2. The Seller shall not not liable for the misuse of the Website by its Users as well as for poor service or malfunction of the Website; the Seller shall not assume any liability for poor service due to force majeure in the cases where the execution of the order is not possible by the time limits foreseen by the contract;
15.3. In the event of breach of contract for reasons not attributable to the Seller, the latter shall not be deemed liable to the Professional Purchaser or Consumer for damages, losses or incurred costs; moreover the Purchaser shall be entitled to the reimbursement of the whole amount paid and of any expenses incurred;
15.4. The Seller shall not assume any liability for any potential fraudulent and illegal use by third parties of credit cards, cheques and other means of payment, on condition that the same demonstrates to have taken all precautionary measures with due diligence and based on the best technical and scientific knowledge;
15.5. The Portal is made available without any warranty or specific licence: the User shall assume any risks related to the use of the Internet and the IT applications (hardware and software) and shall make sure that he or she possesses all basic cyber security tools available (i.e. antivirus, firewall, etc.) and shall avoid downloading unsafe or risky materials;
15.6. The Seller shall not be liable for viruses, malware and any other problems related to the Internet browsing as these do not depend on the Seller’s conduct;
15.7. In particular, the Seller denies any liability for the following:
- a) The Website’s incompatibility with the tools, software and telecommunication connections of the User;
- b) Attacks suffered by the Purchaser/Consumer during web browsing (including but not limited to: viruses, malware, etc.);
- c) Damages to IT devices/software used by the Professional Purchaser not directly attributable to the Seller,
- d) Poor service or malfunction of the Portal due to force majeure;
- e) Poor service or malfunction caused by the use of the Internet system outside of its personal control or of the control of his suppliers, except in case of fraud or gross negligence;
- f) Interruption of the online shop service;
- g) Illicit or fraudulent use by third parties of credit cards, cheques or other means of payment upon payment of the purchased products, where the same is able to prove to have taken all precautionary measures with due diligence and based on the best technical and scientific knowledge.
15.8. The User shall print and keep a copy of the present contract once the online purchase procedure has been completed.
16. Grounds for termination of the contract
The obligations agreed upon by the Parties and referred to in paragraphs 9 and 13 shall be deemed essential, so that any breach of even one of these obligations, unless due to unforeseeable circumstances or force majeure, shall result in the termination of the contract without recourse to any judicial decision pursuant to Article 1456 of the Civil Code.
17. Contract recording procedures
Pursuant to Article 12 of Legislative Decree No. 70/2003, the Seller informs the Consumer and/or Professional Purchaser that all contracts shall be stored in digital and paper form at the Seller’s headquarters or within its information system/IT tools and/or the ones of its service providers, whose supply is regulated by regular service contract (e.g. Server Farm).
18. Intellectual Property
18.1. The Seller shall retain all intellectual property rights over the Products on sale on the www.CONTEXTURE.it Portal, in particular with regard to models, images, characteristics and specifications of the Products as well as any other information that is accessible to Users and, in general, to visitors of the Website;
18.2. Copying, selling, using or otherwise disclosing the images made available on the Portal without the prior written consent from the Seller shall be forbidden. Any violation thereof shall be punished in compliance with the applicable laws.
18.3 The User acknowledges that the Services, the Products, the fabric printing and the Software used in connection with the same are protected by intellectual and/or industrial property laws as well as by Regulation (EC) no. 6/2002 and Article 2598 of the Civil Code.
The User shall not resell, reproduce, duplicate, copy, sell or use the Services provided by CONTEXTURE.
Any Contents, information, digital graphics, image files, programs and materials made available to the User by CONTEXTURE are protected by intellectual and/or industrial property laws: Therefore, the User shall not copy, make the same available to third parties, distribute or grant rights thereon to third parties without the explicit consent from CONTEXTURE.
18.4 The User acknowledges and accepts that CONTEXTURE has the right to store the Contents and to disclose the same to third parties in order to pursue the following aims: a) to companies related to the same, to provide the Service to the User in an efficient way and to manage the account of the User in accordance to the foreseen procedures; b) in the cases provided for by law or if CONTEXTURE considers it necessary and/or advisable in order to: (i) fulfil legal procedures; (ii) enforce the General Terms and Conditions ; (iii) answer to complaints by third parties for the violation of the latter’s rights; (iv) protect the rights, property or security requirements of CONTEXTURE, its users and of third parties.
The User accepts and agrees that the technical processing, transmission or dissemination of the Services, including its Contents, may involve the following:
- Transmission or dissemination of the Contents in or through other networks (i.e. Facebook, Instagram and Pinterest);
- The need to make changes, in order to adapt and render such Contents compliant with specific printing techniques;
CONTEXTURE’s trademarks and distinctive signs shall not be used in connection to Products or Services not provided by CONTEXTURE so as to create confusion among customers or disparage and discredit CONTEXTURE.
19. Protection of personal data
20. Settlement of disputes | Applicable law and jurisdiction
20.1. This contract shall be regulated by the Italian law;
20.2. The contract concluded by the Professional Purchaser shall be regulated by the Civil Code, specially by Article 1341 et seq., Article 1470 et seq.;
- 3. Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, Professional Purchaser declares to have thoroughly read and agrees with the provisions referred to in paragraph 9 “Seller’s liability to the Professional Purchaser and limits thereto” and paragraph 20.5 establishing the jurisdiction in case of disputes;
20.4. With regard to the agreement concluded between the Seller and the Consumer, any matters not expressly provided for herein shall be governed by the legal provisions applicable to the relations and the particular cases under the present contract: Article 1341 et seq. and Article 1469 bis as well as Article 1470 et seq. of the Civil Code and the Consumer Code (Legislative Decree No. 206/2005) Part III, Title III, Chapter I, fully applicable;
20.5. Any and all disputes arising from the online sales agreement or these General Terms and Conditions between the Seller and the Professional Purchaser shall be exclusively settled by the Court of Rome;
20.6. Any and all disputes arising from the online sales agreement or these General Terms and Conditions between the Seller and the Consumer shall be exclusively settled by the Court with jurisdiction over the Customer’s place of residence or domicile if in the Italian territory, as provided by the mandatory provisions pursuant to Article 66 bis of the Consumer Code.
PRIVACY STATEMENT PURSUANT TO THE LEGISLATIVE DECREE NO. 196 OF 30 JUNE 2003 AS SUBSEQUENTLY AMENDED
Pursuant to Legislative Decree No. 196 of 30 June 2003 on the protection of personal data (hereinafter referred to as the “Code”), Contexture, in its capacity as data controller, shall provide you with the information on the use of your personal data. This policy also refers to the processing of such data by parties that perform technical or organisational tasks on behalf of Contexture, as described in this paragraph.
- Purpose and methods of processing
Nature of data provision. The data in our possession, acquired in relation to contractual relations, are collected directly from the party concerned. The collected data will be processed and stored in full compliance with the provisions of the applicable legislation and, anyway, with the due confidentiality. The collection or processing of personal data is aimed at adequately fulfilling the obligations related to the execution of the business activities of the Seller and in particular to: • fulfilling all the necessary requirements prior to the conclusion of an agreement and enabling a more effective management of business relationships; • fulfilling contractual obligations towards the user by taking an action, a number of actions or performing a series of operations required to fulfil said obligations; • fulfilling legal obligations. The data may be used to send information to your address, such as price lists, invitations to shows and fairs, offers. In relation to the purposes stated above, data processing is carried out through manual, information and telematic instruments within logics that are strictly linked to the above mentioned purposes and, in any case, in such a way to guarantee the security and privacy of the data in accordance with the above mentioned legislation.
- Nature of data collection and consequences of a potential refusal to provide data
For stipulation and execution purposes of the contractual relationship, the collection of personal data is also mandatory since intended to fulfil legal and tax fiscal requirements; refusal to supply said data will result in the failure to conclude business agreements with the Seller. The relative processing operations do not require the consent of the person concerned.
- Communication and dissemination
The data may be transmitted to parties in charge with the collection and payments or counselling services on legal, accounting and fiscal matters as well as to Public Authorities or Administrations to fulfil the relevant legal requirements; furthermore, the data may be transmitted within or outside the Italian territory for the sole purpose of credit protection and better management of the rights concerning the specific business relationship.
- Rights referred to in Art. 7 of Legislative Decree No. 196 of 30 June 2003
We hereby inform you that the relevant legislation on the protection of personal data gives the parties concerned the possibility to exercise specific rights. In particular, the parties concerned have the right to obtain: a) confirmation of the existence or not of data concerning themselves, even if not yet registered, and have them transmitted in an intelligible form; b) information about the origin of their personal data, the purposes and processing procedures of the same as well as the reasoning behind any electronic data processing; c) details of the Data Controller and of the Data Processors as well as the names of the parties and categories of parties to whom their personal data may be disclosed or who may have access to their personal data in their capacity as a data controllers or a parties appointed thereto; d) the cancellation, transformation into anonymous form, or blocking of data processed in violation of law as well as the updating, correction or, where relevant, additions to such data. The party concerned has the right to object to the processing of his or her data, on legitimate grounds, even though such data prove relevant to the purpose of the collection. The same may, furthermore, object to the processing of his or her personal data for purposes related to sending advertising material or direct sales or to carrying out market research or marketing communications.
- Data controller and Data Processors
The Data Controller referred to in this information is Contexture, with registered office in via Tommaso Campanella. Any requests aimed at exercising the rights referred to in Art. 7 of the Code shall be submitted in written form or by E-mail to the Data Controller, Ms Emanuela Esposito, at firstname.lastname@example.org. The requests referred to in paragraph 4, letters a), b) and c) may be made orally, as well.