The following definitions are used for the purposes of this contract:
Vendor: the company, TAILORWALL s.r.l., in the person of its legal representative pro tempore, with registered offices in Via TECCHIO 114, 36075 MONTECCHIO MAGGIORE (VI), Italy - Tax code and VAT No. 04086650241, enrolled in the Register of Companies of Vicenza with REA No. T 240415461, email: email@example.com, PEC (certified email): firstname.lastname@example.org; tel +39 0444 1930430
Website or Site: the website is allocated to tailorwall.com;
User: the person accessing the Site;
Basic User: the User accessing the Site and continuing to browse, without registering;
Registered User: the User who decides to register on the Site, by creating a dedicated account and entering his data, as indicated below in the General Conditions;
Professional: the person, including the User, who acts in a business, commercial, artisanal or professional capacity;
Consumer: the person, including the User, who acts for purposes which do not concern business, commercial, artisanal or professional activities;
Services: e-commerce services made available to the Users by the Vendor via the website, e.g. Th on-line purchasing procedure for e-commerce, the on-line catalogue, promotional sales services, the possibility to customise the products and compose purchases, the shopping cart and all the other tools which make it easier for the User to browse on the Site, in addition to services, accessories or otherwise ;
Registration form: the form on the Site with which the User registers on the site;
Credentials: the USER ID and PASSWORD chosen by the User during registration and which he uses when making purchases;
General Conditions: these General Terms and Conditions by which the Vendor intends to regulate the sales relationship with the Users;Products:
Order: the purchase proposal made by the User through the Site procedures and especially through the shopping cart;
Cart: the purchase procedure phase in which the User formulates his purchase proposal, by selecting the Product, payment and delivery method, etc.;
E-commerce: a specific commercial procedure, governed in Italy by the Consumer Code and e-commerce Decree, for which the two contracting parties, e.g. the vendor and the purchaser in the sales contract, stipulate the remote contract thanks to the company’s information services (especially internet) without being physically present at the same time. Given the distance, delivery of the products is not simultaneous and is usually carried out via third party shipment (courier/freight forwarder); alternatively, the products purchased via e-commerce can be picked up from the Vendor’s site.
Consumer Code: the Consumer Code, governed by Italian Leg. Decree No. 206 of 6 September 2005 and subsequent modifications and integrations;
E-commerce Decree: the implementation of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, governed by Italian Leg. Decree No. 70 of 9 April 2003 and subsequent modifications and integrations;
Privacy Code: the Code for the protection of Personal Data, governed by Italian Leg. Decree No. 196 of 30 June 2003, and subsequent modifications and integrations;
2. Application of these General terms and conditions
The Basic User accepts these General terms and conditions, for the parts applicable to his/her activity, from when he/she continues browsing on the Platform. If a Basic User intends to make purchases, these General Conditions will be proposed to them for approval before the Order.
The Basic User accepts these General terms and conditions, for the parts applicable to his/her activity, from when he/she continues browsing on the Platform. If a Basic User intends to make purchases, these General Conditions will be proposed to them for approval before the Order.
This Site offers the sale of consumer goods and provides related services in the field of e-commerce.
The Vendor is the sole owner of the Site and, therefore, by using it, the User establishes a relationship of sale and/or provision of services exclusively with the Vendor, unless otherwise specified in these General terms and conditions.
Any relations with and transfers of data to third parties will be specifically indicated on the Site, as well as in these General terms and conditions. These conditions do not apply to the delivery and shipment services if the user uses couriers/freight forwarders chosen independently.
4. RegistrationThe Basic User will become a Registered User only when he/she has completed the registration procedure in accordance with the instructions provided on the Site This procedure allows the Vendor guarantee that the account is unique and prevents unauthorised registration. Once registered, the Basic User becomes and interacts as a Registered User, expressly accepting these General terms and conditions in this capacity.
5. Use of Social Profiles
As an alternative to the procedures outlined above, a registration procedure may be available on the Site through a User profile already created on a social network. Therefore, by using this procedure, the User agrees to create a link between the Site and the profile, with the consequent transfer of a series of data between these two resources, according to the Privacy settings established by the User. In any case, the above-mentioned rules on the registration procedure will be applied, as appropriate.
The Site deals with retail sales, in e-commerce mode, mainly of Products used for covering walls and vertical surfaces of any kind, such as furniture, accessories, etc.. These products can be made of various materials, such as paper, fabric, cellulose, PVC, nylon and other types of fibres. However, we reserve the right to include additional products on the Site.
The Products and offers contained in the Website will be available and valid as long as they remain on-line and for as long as stocks last. The information and characteristics relating to the Products are indicated and illustrated on the Site on each product page in the relative Catalogue. The graphic representation of the Products included on the Site, where available, as well as the images and colours correspond to the photographic image of the Products themselves, especially in the case of customisable products, created using the specific tools provided on the Site. These images are provided with the sole purpose of presenting them for sale, without any guarantee or commitment by the Vendor of the exact correspondence between the image shown on the Site and the Product itself. This applies, in particular, to the colours and/or other descriptive features of the product, which may not correspond to the actual ones, because of the Internet browser or monitor used. If there are differences between the image and the product data sheet, the description in the product sheet prevails. Without prejudice to the contents of point 8 regarding customised or customisable Products or on unique or comparable items, verification is based on sample type and the Products sold are, unless otherwise indicated in the product data sheet or in other similar information on the Site, made to measure and, therefore, any divergence from the image shown on the Site is not a defect, but a feature that makes the product unique. All the Products are subject to availability at the time of the order, except for the case indicated in point 8 regarding Customised or customisable Products or unique or comparable items. The Vendor reserves the right, at any time, to change the limits to the quantity and/or type of Products that can be purchased on the Site. The style, patterns and colours of the Products described on the Site may be changed without notice. During the procedure for concluding the contract, the User will be notified if the order cannot be completed due to the unavailability of the Product ordered.
7. Made-to-measure, customised or bespoke products
The standard dimensions of each Product are indicated in the relative product data sheet in the Catalogue.
Where indicated on the product data sheet, the User may customise the Product dimensions, colour, pattern shown, or use the options available on the Website. In particular, the User may:
1) choose the standard sizes shown on the product data sheet;
2)choose a multiple standard sizes for the Product;
3) indicate the dimensions, colours, patterns, decoration, etc. based on his/her choice and individual taste.
If Product sizes differing from standard sizes are requested, the Product will be created in accordance with the specifications and exact requirements of the User. This will then be considered a made-to-measure, customised Product. Moreover, the visual representation of the product, in any form processed and published on the Site, may differ from the finished product. The User assumes all liability for these Product in terms of the size or customisation requested using the tools on the Site, in addition to any other information communicated to the Vendor to produce the Product.
The prices are indicated on each product data sheet at the time of the order and refer to a product unit unless otherwise stated.
Any other additional cost, such as shipment charges, any costs for the creation of customised products, packaging etc., in addition to any taxes and other additional expense will be promptly indicated when placing the order and calculated separately, together with the price of the actual product, with the total sales cost highlighted at the bottom.
For delivery within the European Union, the prices indicated are inclusive of VAT, calculated at the applicable rate in force in Italy on the day of the order. No other custom duty or VAT will be requested for delivery within the EU, unless it is expressly foreseen by law. In any case, Users are requested to check if it is possible to reclaim VAT or other taxes foreseen in their country, if they are not Italian citizens or if they request shipment to a place outside Italy, provided that, in both cases, it is within the European Union.
In the event of delivery outside the European Union, it is the User's responsibility to pay customs duties, or any other taxes related to the import of products in the country where the delivery will be made. All formalities in this case will be exclusively borne by the User, unless otherwise indicated. In any case, remember that you are solely responsible for verifying if the products you have ordered can be imported under the laws governing delivery to the country in question. The Vendor reserves the right to assess any limits in quantities for the purchase of products and, therefore, to suspend the order if the number of products ordered is unjustifiably high: in this case, the User will be promptly contacted for clarification.
9. Purchasing procedure and completion of sale
The User can purchase all the products offered for sale on the Site, which are outlined and described in the respective information sheets. Publication of the Products displayed on the Site constitutes an invitation to the User to make a purchase contract proposal. The order sent by the User represents a contractual proposal and entails complete understanding and full acceptance of these General terms and conditions. The purchasing procedure is clearly indicated on the Site. In particular, to conclude the contract, the User must complete the Order Form in electronic format and transmit it to the Vendor electronically, following the relevant instructions.
The Order Form contains a reference to these General terms and conditions of Sale which also contain the information on the right of withdrawal. It also includes a summary of the information on the essential characteristics of each product ordered and relevant price (inclusive of all applicable taxes and duties), the means of payment and the delivery methods of the products purchased, shipping costs, conditions for exercising the right of withdrawal and the methods and time frames for returning the products.
Before sending an order proposal, the User will be asked to carefully read and approve the General terms and conditions of Sale by ticking the relevant box, as they will be binding once the contract has been completed, in addition to the Policy on the right of withdrawal. If the User needs to correct any data entry errors, he/she must follow the appropriate modification procedure indicated on the Site, before submitting the order proposal. The Purchase Order is considered to have been made when the User "clicks" on confirmation, except for right to advance cancellation of the Order, if possible, and in any case, subject to the right of withdrawal, if foreseen.
The Vendor accepts the Order by sending a confirmation e-mail to the e-mail address communicated by the User when registering on the Site. This e-mail contains the elements which constitute the sale (products ordered, prices, delivery times, shipping costs, shipping location, etc.). The User is responsible for verifying that the data in this order confirmation email is correct and promptly reporting any errors or omissions to the Vendor, by writing to the following email address: email@example.com
In any case, the Vendor reserves the right to suspend acceptance of the Order in the circumstances foreseen in these General terms and conditions and, furthermore, not to accept the Order in cases where, for example, the product is unavailable: in this event, the User will be informed before the sale is finalised. The conclusion of the sales contract will only take place when the proposal to purchase a certain product by the User receives an order confirmation from the Vendor. /p>
10. Payment method
Once the Order has been placed, the User must pay the price of the products requested, plus any taxes and additional costs in accordance with the methods given on the Site. The following payment methods are generally available on the Site:
a) PayPal: to be made using the tools provided on the Site;
b) Credit Cards and Prepaid Cards: it is possible to make purchases using credit cards and prepaid cards, compatible with the indications on the Site and compatible with the accepted payment circuits;
c) Bank transfer: the bank transfer must be made out to TAILORWALL SRL in the bank details provided when ordering;
The Vendor reserves the right to provide additional payment methods in the future.
Delivery of the products purchased will be suspended until actual payment of the purchase price has been verified. If the payment method selected is bank transfer, the Vendor reserves the right to suspend delivery until the bank transfer has been verified. If the bank transfer has not been received within the maximum time frame of 30 days from the Order, the Vendor has the right to consider the Order cancelled and no longer effective. If the payment method selected is payment on delivery, failure to pay at the time of delivery will constitute a specific default by the Purchaser. The Vendor, therefore, reserves the right to terminate the contract, as foreseen in the relevant section of these General terms and conditions . Without prejudice to the aforesaid, in the exceptional event that the Products are delivered before full payment of the total amount due, the sale is intended as completed in any case, with reserve of ownership. Therefore, in the absence of payment or, in the event of payment of the products by instalments, the latter remain the exclusive property of the Vendor until final payment has been received. The Vendor reserves the right to reclaim the products delivered in the event of non-payment. In this case and at the request of the Vendor, the User making the purchase agrees to promptly return any unpaid product, bearing all expenses. In the case of different deliveries made at varying times, non-payment of the total amount due in the time frames agreed will lead to suspension of delivery of the Products, as well as any additional services, until payment is made. This will also lead to the Purchaser being in default, resulting in the application of the standard interest rate laid down by Italian Leg. Decree No. 231/02 if the Purchaser is a Professional, or at the legal rate if he/she is a Consumer. In the case of partial payments after the invoice has expired, these down payments will be allocated in the order under amounts due, interest and capital, and different allocations will not be accepted.
12. Order fulfilment and product delivery
The order will be fulfilled within the time frames indicted on the Site and specified in the order by the Vendor, unless otherwise indicated in the maximum time frame to deliver the product on the Site and/or in the order confirmation. In case of failure to indicate the delivery deadline, it will be carried out within 30 days after the order. The actual shipment date in this case will be when the goods are delivered to the courier indicated by us or the date communicated for collection at the Vendor's warehouse if the courier is chosen by the User (where allowed).
If the Order is for a sole Product, the terms of delivery are the same as those indicated on the site for this Product. If the Order is for multiple Product, unless otherwise indicated, the Order will be fulfilled in one solution based on the Product with the longest delivery time.
This will not affect the reserve on the availability of the product ordered and any other indication concerning customisation of the goods requested by the User making the purchase.
Although the Site is connected directly to the Vendor's warehouse and the availability indicated is updated in real time, there may be additional elements that affect the actual availability of the goods, such as errors in stock calculation, unexpected system malfunctions, etc.
If the stock has been depleted or the product ordered is unavailable, the User will be informed as soon as possible, with an indication of a time frame for availability. The Purchaser will have the right to immediately cancel the Order or maintain it and wait for the longest delivery time frame. The User will also be informed, in this case, of any price variations. If the User decides to continue with the purchase proposal, but the price of the goods has increased the User will be informed immediately and the Vendor will not proceed with the shipment until the User has confirmed that he/she still wishes to proceed with the purchase.
In any case, the refund will be made using the payment tool indicated by the User at the time the Order was placed. If the product is unavailable and the User decides to cancel the order, the amount will be repaid within 14 (fourteen) days from when the User’s decision was communicated to the Vendor. The Vendor will send an email confirming shipment when the Products are handed to the carrier. The geographical area for delivering the Products corresponds to the geographic area covered by the offer, taking into account the import rules of individual countries as well. Any inability, which may not be comprehensive, to make the delivery will be visible on the Site (in any case the Vendor does not assume responsibility if imports cannot be made).
Except for the above, the Products will be delivered to the address indicated by the User when placing the order. The Vendor is not viable for any failure to deliver the product due to incorrect or missing delivery information.
The delivery refers to the road side and will be made from Monday to Friday, during normal office hours, excluding national holidays, unless otherwise indicated.
If the User or other recipient indicated at the time of delivery is absent, the Products must be picked up at the address and according to the methods indicated by the courier. If collection is not made within the aforementioned time frame, the products will be returned to the Vendor, which reserves the right to refund the price of the products, but charging the shipping costs to the User.
The Vendor advises the User to check the contents, compliance and state of the Product, checking in particular:
• That the number of packages (parcels) received is the same as that indicated on the transport document (or courier's delivery note);
• that the labels on the packages indicate the correct name and address;
• that the outside of the packages does not show any damage or signs of tampering;
If the User detects any irregularities, he/she should sign the transport document by writing "goods accepted with reserve", or a similar phrase, specifying the type of irregularity noted. If the goods are not accepted with reserve indicating the specific irregularity detected, returns due to transport problems may not be accepted. In the event of delays, breakdowns, total or partial losses or other problems, the User must contact the Vendor to solve the problem as soon as possible. The packages sent by the Vendor are all insured through the freight forwarder.
13. Order cancellation
The User can request cancellation of the Order, having tracked the progress of the order in question, based on the following rules. In particular, cancellation of the Order may only be requested prior to receipt of the Order confirmation email from the Vendor. In any case, cancellation of the Order can no longer be requested if the shipment has already departed. The cancellation request is free except when it relates to the Order of customised Products: in this case the costs already incurred by the Vendor for customisation must always be paid for by the User. In this case, cancellation of the Order will not be possible when the customisation coincides with the production of the Product itself (or cancellation will not be possible, however, if the Order relates to made-to-measure products or when they have already been produced). Cancellation will not be possible, however, if the Order relates to Customised Products, when they have already been produced. The right to cancel the Order, however, shall not prejudice the Consumer’s right of withdrawal, where applicable.
14. Risk of product deterioration
If the User decides to use the freight forwarders designated by the Vendor, the risk of deterioration of the Products is borne by us, without prejudice to the fault and/or responsibility of the freight forwarders themselves to whom the right to recourse is reserved. The risk of deterioration is transferred to the User, however, should the latter choose a different courier from the ones offered by us. The same risk of deterioration is also borne by the User if the Products are returned by the Consumer when exercising his/her right of withdrawal, without prejudice to his/her rights towards the carrier designated for the return shipment. During the period of the right of withdrawal and when it is exercised, the Consumer is responsible for storing the Products which have been delivered and for any damage to them, their destruction or decrease in their value.
If the purchaser of the sale is a Consumer, he/she is entitled to the legal guarantee of conformity on the goods sold.
In particular, the Vendor is obliged to deliver the Product to the Consumer in compliance with the sales contract. Thus, it is also presumed that the Product complies with the contract if, where applicable, the following circumstances coexist:
a) it is suitable for the use to which goods of the same type are normally destined;
b) it complies with the description given by the Vendor;
c) it has the standard qualities and services of similar goods, which the Consumer can reasonably expect, given the nature of the commodity and, where appropriate, any public statements on the specific characteristics of the Product made by the Vendor in this sense;
The Vendor is not bound by the public statements referred to in point c) above, if it can instead demonstrate that:
1) it was not aware of the statement and could not have known about it under normal circumstances; 2) the statement had been appropriately corrected before the conclusion of the contract so that the Consumer was aware of it;
3) the decision to purchase the Product was not influenced by the statement.
There is no lack of conformity if, when the contract was concluded, if the Consumer was aware of the defect and could not ignore it under normal circumstances.
In any case, the Vendor’s responsibility is excluded if:
1) the defects or defects were known by the Consumer and were not duly reported;
2) the defects or discrepancies are caused by instructions provided by the Consumer;
3) the defects or discrepancies are minimal and repair is impossible or unduly burdensome;
4) the faults or discrepancies are caused by tampering or a technical intervention by unauthorized personnel; 5) in the event the Vendor’s Product is incorporated or used in another product not provided by the Vendor, if the discrepancy is due to the design of the latter or to the instructions for incorporation/use;
If the Vendor is responsible for the delayed delivery of the Products, the liability is, however, limited to a maximum amount equal to the sale price
In no case will the costs sustained by the Consumer independently, without the prior consent of the Vendor, be recognised as compensation for damages.
The application of a special warranty for certain products will be communicated on the Site, with the respective conditions, in the specific product data sheet.
I f there are any defects due to non-compliance, the Consumer has the right, free of charge, to request that the goods be made compliant either by repair or replacement, or to an appropriate reduction of the price or termination of the contract. The Consumer also has the option to ask for the goods to be repaired or replaced, free of charge in both cases, unless the solution requested is objectively impossible or unduly burdensome to the other party. One of the two solutions is considered unduly burdensome if it imposes unreasonable expenses on the Vendor towards the other party, taking into account: a) the value that the goods would have if they were not non-compliant; b) the extent of the non-compliance; c) the possibility that the alternative solution may be carried out without significant inconvenience for the Consumer. The repairs or replacements will be carried out within a reasonable amount of time from when the request was made. The Consumer also has the option to request an appropriate reduction in price or the termination of the contract if one of the following situations arises: a) the repair and replacement are impossible or unduly burdensome; b) the Vendor has not repaired or replaced the goods within the appropriate time frame referred to above; c) the replacement or repair carried out previously has caused considerable inconvenience to the Consumer. In determining the amount of the reduction or the sum to be repaid, use of the goods will, however, be taken into account. After non-compliance is reported, the Vendor can offer any other solution available, with the following effects: a) if the Consumer has already requested a specific solution, the Vendor is obliged to implement it, in line with the appropriate time frame mentioned above, subject to acceptance by the Consumer of the proposed alternative solution; b) if the Consumer has not yet requested a specific solution, he must either accept the proposal or reject it by choosing another solution as indicated above. A minor non-compliance for which it is not possible or is unduly burdensome to repair or replace, does not entail the right to terminate the contract.
If the Product has a minor non-compliance, the Consumer must report it to the Vendor within two months of being discovered at the PEC (certified email) address: firstname.lastname@example.org or by registered letter with return receipt at the address: Via Tecchio n. 114 - 36075 Montecchio Maggiore (VI) ITALY. The Vendor is responsible for any non-compliance that occurs within two years of delivery and/or collection of the Product. The Consumer revokes the right to the warranty if he does not report the non-compliance to the Vendor with two months of it being discovered. In any case, the Consumer has the right to denounce any defects within twenty-six months of taking delivery of the goods.
Sale by Professional to Professional (B2B) Legal warranty
If the sale takes place between one Professional and another Professional (B2B), only the legal warranty foreseen by the Italian Civil Code applies. In particular, this warranty covers any Product defects which render it unsuitable for the use for which it is intended or significantly decrease its value. In these cases, the Purchaser must communicate to the Vendor any defects detected within eight days of their discovery or risk voiding the warranty. This action is subject to a time limit of one year from the delivery and/or collection of the lot. The warranty does not apply if the purchaser was aware of the defects at the time of the contract and/or if the defects were evident. The rules referred to in articles 1490 et seq of the Italian Civil Code apply. The warranty does not apply if the purchaser was aware of the defects at the time of the contract and/or if the defects were evident.
Commercial warranty (special terms)
In any case, the Vendor, by means of the Special Conditions or in the other ways made available on the Platform, indicates whether a special-terms ("commercial") Warranty is envisaged for the Lot and, if so, outlines the terms and conditions. If the party awarded the special warranty is a Consumer, the application of a special warranty does not prejudice the legal warranty covering compliance.
16. Right of withdrawal
In the case of B2C sales, pursuant to articles 52 et seq of the Italian Consumer Code, the Consumer has the right to withdraw from the purchase contract without any penalty and without any obligation to specify the reasons. This right must be exercised within 14 (fourteen) days from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, takes physical possession of the Product from the date of receipt of the Product. To exercise the right of withdrawal, the Consumer must send, before the expiry deadline, a notification to the Vendor with an explicit statement of his/her decision to withdraw, using the form at the bottom of this document. This statement must be sent by registered letter with return receipt to the following address: Via Tecchio n. 114 - 36075 Montecchio Maggiore (VI), Italy, or via PEC (certified email) to: email@example.com. Once the right of withdrawal has been exercised, the Consumer must return the Product within 14 (fourteen) days from when he/she communicated the decision to withdraw, using the same means of transport adopted at the time of the order. The product should be returned in its original packaging and be in its original state. The original state of the product to be returned is an essential condition in exercising the right of withdrawal. Goods that are returned damaged will not be accepted, but only those that have been preserved and/or stored in normal conditions using due diligence. Products that have been damaged by detergents/additives for cleaning etc. will also not be accepted nor will Products damaged by the Consumer due to misuse. A copy of the delivery receipt should be placed inside the packing box. The direct costs of returning the Product are borne by the Consumer. The transport risks for returning the Product are wholly borne by the Consumer, as are any expenses incurred in returning it. If the Product cannot be returned by post, the Vendor will handle the collection of the Product from the Consumer at its expense and cost. Once the original condition of the returned lot has been checked, the Vendor will refund the entire amount paid to the Consumer within 14 (fourteen) days of receiving the Product via the same payment method used by the Consumer. In any case, the Vendor can withhold the refund until it has received the Products returned, or until the Consumer proves that they have been sent. The Vendor is not obliged to refund any additional costs, if the Consumer has expressly chosen a delivery method that costs less than the one offered by the Vendor. Exercising the right of withdrawal is excluded in the following cases: - supply of services (for example, for installation, Product maintenance, etc.), where they are provided by the Vendor) after the Service has been completed when it started by express agreement of the Consumer, knowing at the time that, in this case, the right of withdrawal is forfeited when the contract is fulfilled by the Vendor; - sale of made-to-measure or clearly personalised goods. In particular, made-to-measure Product of: - sale of goods that may deteriorate or expire rapidly; - sale of sealed goods that cannot be returned for hygiene reasons or related to health protection and have been opened after delivery; - in the case of sale of goods which, after delivery, are by their nature inseparably mixed with other goods; - in the case of sales of sealed audio or video recordings or sealed computer software that have been opened after delivery; as well as in the other cases envisaged pursuant to art. 59 of the Italian Consumer Code. These cases include, by way of example, all personalised products, limited editions, special or seasonal products, and those intended for use with food and already used, such as plates, dishes and pans, perishable products, unique pieces, etc. The right of withdrawal ends any obligation between the parties, without prejudice to the obligations to return the Products, reimbursement and all the other obligations described above, in addition to resolving all possible ancillary contracts by law.
17. Force majeure
In the event of force majeure, fulfilment of the Order will be suspended. The order can be suspended for a maximum period of 3 (three) months, after which time the Order will be deemed automatically cancelled. Total or partial strikes, inside or outside our company, transport or supply blocks for any reason, governmental or legal restrictions, computer or electrical failures, telecommunications blocks, including networks and in particular the internet. are considered cases of force majeure, in addition to those normally cited. Nevertheless, sending notification to maintain the Order is possible. In this case, a new deadline will be set, which, if the cause of force majeure continues, will require confirmation to maintain the Purchase order.
18. Industrial and intellectual property rights
The Tailorwall Website, the tailorwall trademark and all goods covered by intellectual and industrial property rights belonging to the company are exclusively owned or licensed by the Vendor, which is also the owner of the intellectual property rights of the Site and the right to disseminate the elements that are contained in the on-line distribution catalogue, for which it has obtained the necessary authorisations from the persons concerned, unless otherwise indicated. The partial or total reproduction, on any type of support, the use of the elements that make up the Site and the catalogue, their use and their transfer to third parties are formally prohibited. Therefore, it is forbidden to copy, disclose and modify any contents protected by copyright, registered trademarks or other intellectual and industrial property rights. The trademarks and logos of the platforms that grant payment tools, social networks, couriers and similar elements, and any other logo, not directly or indirectly, attributable to the Operator are the property of their respective owners, and are indicated on the Platform only for information purposes to allow the related Services to be carried out.
19. Site and User Security
The goal is to make secure the use of the Site by all Users, even though the Vendor is unable to guarantee this. To this end, the Vendor requests that all Users help it to ensure the security of the Site. It is, therefore, forbidden to publish spam, develop or use third party applications with illicit content or otherwise contrary to public morality or decency; use the Site and the Services for illegal, deceptive, malicious or discriminatory purposes; take actions that can prevent, overload or compromise the proper functioning or appearance of the Site or the Services; enter false and/or invented and/or imaginary data and/or third parties other than the User, except in cases of legal representation, in the registration procedure required to start the process for executing this contract and any related additional communications; commit any other action that is detrimental to the Vendor, its partners and users.
20.Express termination clause
The sales contract is terminated by right, pursuant to art. 1456 of the Italian Civil Code, in all cases of violation of the provisions of these General terms and conditions and in particular in the following cases:
19) Industrial and intellectual property rights;
20)Site and user security.
The termination of the right occurs when the party wishing to avail itself of the present clause communicates that wish to the other party and indicates the circumstance, among those mentioned above, that it deems has occurred.
21. Invalidity or ineffectiveness of the clauses
Should a clause of these General terms and conditions be invalid or ineffective, any invalidity or ineffectiveness will not extend to the remaining clauses, which will, therefore, continue to be valid and effective.
22. Changes to these General terms and conditions
The Vendor reserves the right to modify the content of these General terms and conditions at any time and without notice: the relationship will be governed by the text of the General terms and conditions published on the Site when the purchase Order was placed by the User. Updates will be indicated in the text header with the date of the last update. The User is, therefore, invited to expressly read the text of these General terms and conditions before sending the Purchase Order, in order to verify the updated text when the Order is placed.
23. Failure to exercise a right
The failure to exercise a right by the Vendor does not represent a waiver of action against the User or against third parties for the violation of the commitments undertaken. The Vendor, therefore, reserves the right to enforce its rights in any case within the time frames permitted.
24. Referral to sector-specific regulations
If not expressly stated in these General terms and conditions, in addition to Italian Leg. Decree No. 206 of 6 September 2005, (Italian Consumer Code) et seq for the related application field, reference should be made to the other applicable regulations with express, but not comprehensive, referral to Italian Leg. Decree No. 70 of 9 April 2003, (Implementation of directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ) et seq, in addition to Italian Leg. Decree No. 196 of 30 June 2003, (Privacy Code), the Italian Civil Code and other sector-related regulations.
25. Processing of personal data (Privacy)
26. Applicable Laws
The General terms and conditions and the Services described herein are governed exclusively by Italian law, by the European Union Community rules and by the International Conventions which are applicable and recognised in Italy. All the Services and information contained on the Site will be in Italian.
The mandatory provisions of the law, such as those provided for by the Consumer protection legislation (Consumer Code) are automatically intended as derogations from the corresponding clauses of this contract, which, however, remains in force for all remaining conditions that are not derogated.
27. Claims and tools for resolving any disputes
The User may send any claims to the following addresses:
Via Tecchio n. 114 - 36075 Montecchio Maggiore (VI), Italy. In any case, for the resolution of disputes arising from the exact application of our contract, it is possible to resort to procedures for out-of-court settlement of disputes, as per Part V, Title II-bis, of the Italian Consumer Code, before the mediation bodies in matters related to consumer disputes pursuant to Italian Leg. Decree No. 28 of 4 February 2010 and to the other ADR bodies (i.e., Alternative Dispute Resolution, therefore, of dispute resolutions that differ from judicial settlements or otherwise contentious dispute) indicated therein.
The Operator points out, in particular, that the European Union has implemented a platform for the resolution of disputes arising on-line, so please refer to this link:
https://webgate.ec.europa.eu/odr or this address, which refers directly to the Italian website:
28. Jurisdiction and Competent Court
Except for the aforesaid cases, for any dispute concerning the interpretation, execution and termination of these General terms and conditions and the resulting sales relationship, if the User is a Consumer, he/she can choose whether to contact the Judicial Authority of his/her place of domicile (if different from Italy) or the Italian judicial authority, in case of application of the 1968 Brussels Convention or EU Regulation 1215/2012. In the case of Italian jurisdiction, if the User is a Consumer, the mandatory local jurisdiction is the court of his/her place of residence or domicile, pursuant to art. 66-bis of Italian Leg. Decree 206/2005. If the User is a Professional according to the applicable law, the Italian Judicial Authority has exclusive jurisdiction and the Court of Vicenza is exclusively competent, without prejudice to the mandatory and exclusive jurisdiction of the Court of Venice, Section Specialised in Business, for cases expressly provided for by the applicable legislation. Any exclusive and mandatory jurisdictions and competences provided for by sector regulations are exempt.
Any communication between the Parties will be considered valid and effective if sent to the addresses indicated in these General terms and conditions or in the Special Conditions or those subsequently changed and communicated to the other party at the last known and valid address.
EXAMPLE OF FORM FOR EXERCISING THE RIGHT OF WITHDRAWAL IN ACCORDANCE WITH ANNEX I OF THE ITALIAN CONSUMER CODE
(pursuant to art.49, paragraph 1, letter h)