General Terms and Conditions of Use and Sale
These general terms and conditions (together with the information and policies contained in the website and any other documents referred in these terms and conditions) (“Terms and Conditions“) set out the legal terms that apply to your use of the website https://www.tavarte.com (“Site“), and your purchase of products on the Site from Tavarte S.r.l. (company number and VAT number 02873290304), whose registered office is at Via XXIV Maggio N. 5, 33052, Cervignano Del Friuli (Udine), Italia (“Tavarte”, “we“, “us” and “our“).
Your use of the Site and your purchase of any of the products offered on the Site (“Products“) is subject to these Terms and Conditions and by accessing the Site or by placing an order for any Product you agree to be bound by them. You should print a copy of these Terms and Conditions for future reference.
We reserve the right to change these Terms and Conditions from time to time by changing them on the Site, although no such change will affect any order you have already placed with us.
Our Business policy
Tavarte only offers its Products on the Site to both (i) professionals and (ii) consumers over the age of 18. If you are a consumer under 18 you are strictly prohibited from ordering Products from the Site and we reserve the right to cancel any orders from consumers we believe to be under the age of 18.
Should one or more sales be made to professionals, the following provisions shall not apply to them:
- Section “Consumer’s right of withdrawal / Returns policy”;
- Section “Faulty Products and warranty for consumers”;
- The provisions of the Section “Our Liability” foreseen in relation to consumers;
- Any other provision of these Terms and Conditions foreseen in relation to and/or in favour of the consumers.
Your access and use of the Site
It is your responsibility to ensure your equipment (computer, laptop, notebook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site.
We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site. You must ensure that any information you provide (including, but not limited to, personal data, payment and delivery details) are accurate. You are liable for all activities that you carried out on the Site.
Abusing our Site and termination
Tavarte and users are entitled to withdraw from these Terms and Conditions without cause, providing 2 (two) weeks prior notice.
Products and Products information
The Products are sold on the Site by Tavarte. There may be differences between the Products shipped and those shown on the Site or in our catalogues, primarily for handcrafted Products (which are hand-made and hand-painted), each of which is unique. You are not entitled to cancel your order or refuse delivery due to such differences, provided that they do not affect the essential features or quality of the Products.
Tavarte attempts to be as accurate as possible in the description of the Products through the photographs and other images featured on the Site. However, we cannot guarantee that any descriptions are totally accurate, complete, reliable or error-free also due to the nature of the manufacturing process primarily for handcrafted Products, as each of such Products is individually hand made. Although we attempt to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products.
The images of the Products on the Site are for illustrative purposes only and any information on the Site regarding the Products is included as a guide only. If you are in any doubt as to the Product, we recommend that you contact us prior to placing an order (see Contact us).
As a consumer, you have, among others, legal rights in relation to Products that are faulty or not as described as more particularly detailed below in the section headed “Faulty Products and warranty”. Nothing in these Terms and Conditions will affect these legal rights as a consumer.
Ordering and availability
Products may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Proceed to pay” button or a similar button on the checkout page.
Your order constitutes an offer to us to buy a Product and is binding and not revocable for a period of 15 (fifteen) days. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the “Proceed to pay” button or a similar button on the checkout page, you enter into an obligation to pay for the Product(s). Where we accept your order and provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received, we will confirm our acceptance to you by sending you an email that confirms that your order has been accepted and the relevant Product shall be despatched (“Confirmation Email“). The contract between you and us in relation to the Product(s) ordered (“Contract“) will only be formed when we send you the Confirmation Email. After entering into the Contract, we will be under a legal duty to supply you with Products that are in conformity with the Contract.
The Contract will relate only to the Product(s) whose despatch we have confirmed in the Confirmation Email. We will not be obliged to supply any other Product(s) which may have been part of your order until the despatch of such Product(s) has been confirmed in a separate Confirmation Email.
Delivery and Collection
Your order will be fulfilled by the delivery date set out in the Confirmation Email or, if no delivery date is specified, then within 30 (thirty) days after the date of the Confirmation Email, unless there are exceptional circumstances. You will be notified via an email or phone message that confirms that the Products have been despatched.
Your order will be delivered to the delivery address in Italy (including, Republic of San Marino and the Vatican City) you specify when placing your order.
Products comprised within the same order cannot be delivered to different addresses, unless differently agreed with us.
Deliveries are made by courier commissioned by us and take place on Monday to Friday, excluding bank and public holidays. It is not possible to specify a precise time at which a delivery will take place. Please note that the courier may require deliveries to be signed for.
During the ordering process, you have the possibility to require us that, once the Products are available in our offices in Via Martiri della Liberta’ 4, Staranzano (GO), Italy, you will arrange the collection of the Products from our offices at your own risks and costs. In this case, we will not have an obligation to dispatch the Products to you, but only an obligation to make the Products available for the pick-up by you or a courier commissioned by you at the agreed date and time. If you choose the collection option, you agree to timely send us an email to the email address email@example.com to arrange with us the collection date and time. Collection of the Products is possible during the business days, from Monday to Friday, from 9 a.m. to 12 a.m. and from 3 p.m. to 5 p.m. You will not be charged with the storage fee if you collect the Products at the agreed date and time.
Passing of risk
Where we dispatch Products to you, such Product will be at your risk from the time of delivery. Where you require us that you will arrange the collection of the Products from our offices, the risk of loss of or damage to the goods shall pass to you upon the pick-up by you or by a third party or a courier commissioned by you.
Digital Gift Cards
Digital gift cards are issued by us and are available to be purchased on the Site (“Gift Card“). When you purchase the Gift Card, the designed recipient will receive it by email. The Gift Cards:
- may only be redeemed toward the purchase of eligible Products on the Site and, unless differently indicated from time to time, they cannot be redeemed toward any other website owned and operated by us, our affiliates, or any other person or entity;
- shall expire at the date indicated at the moment of the purchase (generally, 1 year from the date of issuance) and in the email sent to the designed recipient and after such expiry date they can no longer be used;
- cannot be used to purchase other Gift Cards;
- cannot be reloaded, resold, transferred for value or redeemed for cash.
The Gift Card can be used for the full amount or portion thereof of the purchase. If the purchase
- exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method accepted on the Site;
- does not exceed the redeemer’s Gift Card balance, the remaining balance may be used to make another purchase at a later date, until the entire balance is redeemed or the Gift Card is expired (even in case of unused Gift Card balance).
We are not responsible if any Gift Card is used without the purchaser or the designed recipient’s permission. We will have the right to obtain payment from alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Site. In the event a Gift Card is non-functional, your exclusive remedy will be the replacement of such Gift Card.
Price and payment
The price of Products is as quoted on the Site and may change from time to time.
Prices quoted on the Site include VAT but exclude other possible tax and delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket, and have selected your chosen different delivery method.
Prices and delivery costs are liable to change at any time, but changes will not affect orders you have already placed with us.
The Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Site may be incorrectly priced. We will normally verify prices as part of our despatch procedures so that, where a Product’s correct price is less than our stated price, we will charge you the lower amount. If a Product’s correct price is higher than the price stated on the Site, we will normally, at our discretion, either contact you for instructions before despatching the Product, or reject your order and notify you of such rejection.
Payment for all orders must be made by PayPal and other payment methods indicated on the checkout page from time to time. Payment can be made also by Gift Cards (please see section Digital Gift Cards above).
From time to time we may run promotions where we issue discount codes. These can be used in part-payment of the price of Product(s) ordered on the Site, subject to the terms and conditions under which they were issued (as indicated in our relevant promotion from which you got the code). Discount codes can only be used once, and only during the period of validity stated and only in respect of the relevant Product(s) stated. Discount codes cannot be redeemed for cash.
Consumer’s right of withdrawal / Returns policy
As a consumer, you shall have the right to withdraw from the Contract in relation to Products purchased on the Site at any time before your order is delivered and up to 14 (fourteen) days afterwards, beginning on the day after you received the Products (“Cooling-off Period“), without any penalty and without giving any reason. Returned Products must conform to our returns policy below.
Conditions of the returned Products:
You must return the Product in the same condition in which you receive them except to the extent reasonably necessary to examine them. This includes the following guidelines:
- Products shall be returned unused, unwashed, undamaged and with their original tags;
- Products shall be returned in the original boxes provided and inside a protective shipping box;
- if the Product comes with a security tag this shall be left on.
We recommend that you return Products in their original packaging to ensure the necessary protection when in transit. Additional, instructions for the return of the Product(s) may be included with the delivery package.
It is your responsibility to take reasonable care of the Product(s) while in your possession. You shall be liable for any diminished value of the Product(s) resulting from the handling of them other than what is necessary to establish their nature, characteristics and functioning. We may deduct from the refund an amount to reflect the diminished value of the Product(s) up to the full price of the Product(s).
You cannot withdraw from a Contract for the supply of any of the following Products:
- any Products that have been personalised or made to your own bespoke specifications;
- any Products that have had a hygiene label or seal removed or broken.
To withdraw from a Contract, consumer must clearly inform us, preferably:
- by email at firstname.lastname@example.org, giving us your name, address and order reference; or
- by completing and submitting the Withdrawal Form available immediately following these Terms and Conditions.
In the event you exercise your right of withdrawal in accordance with the above:
- you must return, at your own cure and costs, the Product(s) within 14 (fourteen) days after the day on which you notify us of the withdrawal and comply with our returns policy above and
- we will process the refund due without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed of your decision to withdraw from the Contract. In any case, we may withhold the reimbursement until we have received the Product(s) back, or, if earlier, you have supplied evidence of having sent back the Product(s) to our returns address.
We will refund the price of the Product(s) in full (subject to any deduction we are entitled to make due to your use of or damage to the Product(s)), including the cost of standard delivery offered by us on the Site. However, we will not refund your cost of returning the Product(s) to us, and you are responsible for those costs. We will refund any money received from you using the same method originally used by you to pay for your purchase, unless agreed otherwise.
Faulty Products and warranty for consumers
This warranty applies only to Products which are purchased by consumers from this Site.
Tavarte warrants to the consumers that are residents in the EU that the Products that are delivered from this Site comply with the specifications and are free of material defects and workmanship errors for a period of 24 (twenty-four) months from the date of delivery.
In any case, for the consumer the proceedings intended to enforce the lack of conformity not fraudulently hidden by Tavarte shall in any event expire after 26 (twenty-six) months from delivery of the Product(s).
If a Product has manufacturing defects or in any case of alleged lack of conformity of Products, in order to benefit from his/her rights under this warranty policy the consumer must clearly inform us and reporting the fault within two months of discovering it: by email at email@example.com or by telephone on: 0039 339 630 2937 giving us your name, address, order reference and information on the fault discovered by you.
The Product(s) shall be returned to Tavarte within 15 (fifteen) days following notification to Tavarte of the damaged or defective Products. Tavarte will examine all Products returned as damaged or defective and in case of a lack of conformity, will repair or replace the Product, or, if this is not possible, refund the full price paid by you as well as your costs of returning defective Products (if the latter are incurred by you) using the same method originally used by you to pay for the purchase. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned Products shall be refunded in any case to the individual who made the payment.
In the event that Tavarte finds no fault with the returned Products, you will be notified on the above and that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery, Tavarte reserves the right to retain the Products and the purchase price.
This warranty does not apply (i) if the Product has been subject to faulty and improper use, repair, alteration and/or modification in any way that is not covered in the documentation for the Product; (ii) to damages caused by failure to follow the instructions covered in the documentation for the Products or other specific instructions from Tavarte; (iii) if the Product is damaged by misuse, abuse, negligence, accident, normal deterioration, improper environmental conditions or lack of responsible care; (iv) to damages due to any other cause not related to defective design, workmanship and/or materials.
Nothing in this section affects the consumer’s additional legal rights deriving from Art. 128 and subsequent of the Legislative Decree No. 206/2005 (Consumer Code).
What you are allowed to do
You may only use the Site only in accordance with these Terms and Conditions. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such individual pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on the Site or accessible via a link.
What you are not allowed to do
In addition to what is set out in other provisions of these Terms and Conditions, you are not allowed to:
- use photographs and images appearing on the Site for any purpose, without obtaining prior express written consent from us;
- ‘scrape’ content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
- remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted;
- create links to the Site from any other website, without our prior written consent;
You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
Use of your personal information submitted to or via the Site is governed by our Privacy and Cookies Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Site, you warrant that all data provided by you is accurate and updated at any time.
Intellectual property rights
All intellectual property rights in any content of the Site (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by Tavarte or our licensors. Except as expressly set out here, nothing in these Terms and Conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms and Conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the Site from time to time. You agree that your use of the Site is on an ‘as is’ and ‘as available’ basis and at your sole risk.
Whilst we try to make sure that all information contained on the Site (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except for what detailed below in the section headed “Liability“, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or relying on any of its content.
We cannot and do not guarantee that any content of the Site will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
The Site may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. Except for what detailed below in the section headed “Liability“, we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Nothing in these Terms and Conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraud and gross negligence;
- for breach of any term of the Italian Consumer Code (Legislative Decree No. 206/2005) and any term which, by law, cannot be limited or excluded;
- under provisions of your local consumer law which, by law, cannot be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s).
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under any Contract or arising out from these Terms and Conditions. We may transfer or assign any or all rights or obligations under any Contract to third parties as well as transfer to third parties these Terms and Conditions, also in case of transfer a business division or of the entire business, provided that this does not reduce protection of consumer’s rights.
Unless differently provided in these Terms and Conditions, all notices given by you to us must be given in writing to the address set out at the end of these Terms and Conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms and Conditions is found to be unenforceable, all other provisions shall remain unaffected.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract.
Governing law and Jurisdiction
These Terms and Conditions are governed by Italian law.
In the event of a dispute between you and us, we encourage you to contact our customer service in the first instance to find a solution.
Any dispute arising out from these Terms and Conditions and/or the Contracts between professionals and Tavarte shall be submitted to the exclusive jurisdiction of the Court of Milan.
Consumers have the right to bring legal proceedings regarding these Terms and Conditions and/or the Contracts (i) before the Court of Milan or (ii) before the courts at your place of residence or domicile. We are only allowed to initiate legal proceedings against consumers before their place of residence or domicile.
As an alternative to resolution of disputes through the courts, the consumer who resides in EU may refer its complaint to the European Online Dispute Resolution Platform (European ODR Platform). The European ODR Platform is developed and managed by the European Council implementing in accordance with Regulation (EU) No. 524/2013, to provide out-of-court solutions that are independent, impartial, transparent, simple, efficient, fast and low-cost ways of resolving domestic and cross-border disputes which arise from online sales or service contracts between a consumer residing in the EU and a professional residing in the EU by means of the intervention by an ADR entity (Alternative Dispute Resolution) providing such services, as seen in the list therein provided. For further information on the European ODR Platform, or to submit a complaint and start alternative procedures concerning a dispute relating to these Terms and Conditions or any Contract, please use the following link: http://ec.europa.eu/odr. Our email address to be reported to the European ODR Platform is the following: firstname.lastname@example.org
Please submit any questions you have about these Terms and Conditions or any Contract or an order you have placed or ordering in general by email to email@example.com or by telephone on 0039 339 630 2937 between the hours of 9.00 to 12.00 and 15.00 to 17.00, Monday to Friday (excluding public holiday in Italy), or write to us at: Tavarte S.r.l., Via XXIV Maggio N. 5, 33052, Cervignano Del Friuli (Udine), Italy.
Pursuant to Articles 1341 and 1342 of the Italian Civil Code, users declare to have read and understood and to accept the following provisions of these General Terms and Conditions of Use and Sale: Your access and use of the Site; Abusing our Site and termination; Ordering and availability; Passing of risk; Digital Gift Cards; Consumer’s right of withdrawal / Returns policy; Faulty Products and warranty for consumers; Contents; External Links; What you are not allowed to do; Our liability; Governing Law and Jurisdiction.
The effective date of these Terms and Conditions is 1st October 2019.