www.simonetessadori.com (reference website)

Supplier Identification

The goods covered by these general terms and conditions are offered for sale by Simone Tessadori & C. Srl, registered with the Brescia Chamber of Commerce of the Register of Companies BS – 603407, Tax Code 04293040988, VAT No. 04293040988 hereinafter referred to as “Supplier“.

Article 1 – Definitions.

1.1. The term “online sales contract” means the contract of purchase and sale relating to the Supplier’s tangible movable property, entered into between the Supplier and the Buyer within the framework of a distance selling system through telematic means, organized by the Supplier.

1.2. The term “Purchaser” means the natural person who makes the purchase, referred to in this contract, for purposes not related to the business or professional activity, if any.

1.3. The term “Supplier” means the entity as identified above or the entity that sells the goods through the website indicated in the following article.

Art. 2 – Subject matter of the contract

2.1. Hereby, the Supplier sells and the Buyer purchases at a distance, through telematic means, the tangible movable goods presented and offered for sale at https://www.simonetessadori.com

2.2. The products mentioned in the previous point are illustrated, with specific and detailed indication of their characteristics, in the section of the web portal that can be reached at: https://www.simonetessadori.com

Article 3 – Method of entering into the contract.

3.1. The contract between the Supplier and the Buyer is concluded exclusively through the Internet network in remote telematic mode, by means of the Buyer’s access to the web address https://www.simonetessadori.com, where, following the procedures set forth therein, the Buyer formalizes the purchase of the goods referred to in point 2.1 of the previous article.

Article 4 – Conclusion and effectiveness of the contract.

4.1. The purchase contract is concluded following the punctual completion of the registration form by the Buyer – with provision of consent to the processing of personal data, according to the Privacy Policy of the website, through acceptance of the “Terms and Conditions of Sale” – ( insert where the terms and conditions of sale and privacy legislation are indicated so that the buyer can know where to find them ) and sending the purchase form filled out by the system after the insertion of the selected products in the electronic cart. Before the final sending of the order, the Buyer will be asked to check the contents of the cart, with a summary of the same in which the details of the ordering party and the order, the price of the selected goods, the shipping costs and any additional charges, the method and terms of payment, the address where the goods will be delivered, the timing of delivery and the terms for exercising the right of withdrawal.

4.2. At the moment when the Supplier receives the order from the Buyer, he arranges to send a confirmation e-mail or to display a web page confirming and summarizing the order itself, in which the data recalled in the previous point are also shown.

Article 5 – Method of payment and reimbursement

5.1. Payment by the Buyer may be made only by one of the methods indicated in the purchase procedure by the Supplier.

5.2. Any refund to the Buyer will be credited using the same payment method chosen by the Buyer when placing the order. The Supplier, in the case of exercising the right of withdrawal, will then refund the purchase price immediately after receiving the return of the goods sold and checking the condition of the same. Shipping costs incurred for the return of the good shall remain the responsibility of the Buyer.

5.3. All payment-related communications take place using third-party encryption systems placed to protect transactions made (e.g., PayPal/Stripe payment system).

Article 6 – Time and manner of delivery.

6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Buyer or indicated on the website when offering the goods, as confirmed in the e-mail referred to in section 4.2.

6.2. The timing of the shipment may vary from the day following that of the order to a maximum of 30 (thirty) days from the confirmation of the same, as provided for by the regulations in force. In the event that the Supplier is unable, for whatever reason, to make the shipment within said period, it will promptly notify the Purchaser by e-mail sent to the address provided by the latter during the purchase procedure.

6.3. At the time of delivery, the Buyer is required to verify that: a) the number of packages delivered corresponds to what is indicated in the transport document attached to the goods shipped; b) the packaging is intact and not altered even in the closing tapes if present.

In the event that the delivered goods show any damage allegedly caused by transportation, the Buyer may refuse delivery and immediately notify the Supplier, who will make the appropriate disputes to the shipper, arranging for a new shipment upon receipt of the redelivery of the disputed goods.

In the event that the customer still decides to accept the goods on delivery, despite the packaging is severely damaged and / or tampered with, in order to safeguard their rights must challenge the courier the unsuitability of the package, affixing the words “RESERVE TO CHECK GOODS BECAUSE OF …” (indicating the reason behind the reserve in question) on the delivery document, of which it must retain a copy.

Art. 7 – Prices

7.1. All product sales prices are given at the web address https://www.simonetessadori.com/shop, are expressed in euros and constitute an offer to the public in accordance with Article 1336 of the Civil Code.

7.2. The sale prices referred to in the previous point are inclusive of VAT and any other taxes. Shipping costs and any ancillary charges, if any, although not included in the purchase price, are indicated and calculated in the purchase procedure prior to the submission of the order by the Buyer and contained in the order summary web page, as well as in the summary e-mail sent following the conclusion of the purchase procedure.

7.3. The prices listed against each of the goods offered to the public are valid until the date indicated in the catalog. Any promotional offers are specifically indicated and marked within the site with the words “promotional offer,” “product on promotion,” or by equivalent designations.

Article 8 – Availability of products

8.1. The Supplier ensures through the telematic system used the processing and fulfillment of orders without delay. For this purpose it indicates in real time, in its electronic catalog, the number of available and unavailable products, as well as shipping times.

8.2. Should an order exceed the quantity available, the Supplier will, by e-mail, let the Buyer know whether the good is no longer bookable or what the waiting time is to obtain the chosen good, asking whether or not the order is to be confirmed.

8.3. The Supplier’s computer system will confirm in the shortest possible time that the order has been registered by forwarding a summary e-mail to the Buyer in accordance with Section 4.2.

Article 9 – Limitations of Liability

9.1. The Supplier assumes no responsibility for inefficiencies attributable to force majeure or fortuitous event.

9.2. The Supplier shall not be liable to the Buyer, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet beyond its control or that of its subcontractors.

9.3. The Supplier shall also not be liable for damages, losses, and costs incurred by the Buyer as a result of failure to perform the contract for reasons beyond its control.

9.4. The Supplier assumes no liability for any fraudulent and unlawful use that may be made, by third parties, of credit cards, checks and other means of payment, for the payment of the products purchased, if it proves that it has taken all possible precautions based on the best science and experience at the time and in accordance with the ordinary diligence required.

9.5. Indicate what precautions are taken to limit possible computer fraud in payments (e.g., “All payment-related communications take place on a special encrypted line, which ensures that such information is stored with a high level of security and in compliance with current data protection regulations” .

Article 10 – Supplier’s obligations for defective products, proof of damage and compensable damages. Non-attributable defaults .

10.1. The Supplier shall not be held liable for the consequences resulting from a defective product if the defect is due to the product’s compliance with a mandatory legal norm or binding measure, or if the state of scientific and technical knowledge at the time the manufacturer put the product into circulation did not yet allow the product to be considered defective.

10.2. No compensation will be due if the injured party was aware of the defect in the product and the danger arising therefrom and nevertheless voluntarily exposed himself to it. Similarly, defects resulting from the misuse and/or erroneous use of the purchased goods, external causes (e.g., shocks, falls, etc.), carelessness, and improper use are not attributable to the Supplier’s liability.

10.3. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage.

10.4. The Supplier shall not be liable for the non-execution or delayed execution of the Contract if this is due to inefficiencies attributable to force majeure, fortuitous events, or in any case not attributable to the Supplier. Without prejudice to the cases referred to in Article 1229 of the Civil Code, no compensation will consequently accrue to the Purchaser, who will only be entitled to full restitution of the price and any ancillary charges paid .

Art. 11 – Guarantees and modes of assistance

11.1. The Supplier shall be liable for any lack of conformity that becomes apparent within the period of 2 (two) years after delivery of the goods.

11.2. The Purchaser shall forfeit all rights if he fails to report the lack of conformity to the Supplier within the period of 2 (two) months from the date on which the defect was discovered.

11.3. In any case, unless there is evidence to the contrary, it is presumed that defects in conformity that become apparent within 6 months of delivery of the good already existed on that date, unless such a presumption is inconsistent with the nature of the good or the nature of the defect in conformity.

11.4. In the event of a lack of conformity, the Purchaser may request, alternatively and free of charge, under the conditions indicated below, the repair or replacement of the goods purchased, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Supplier. Products that show clear signs of tampering or failure caused by their misuse or by external agents not attributable to manufacturing defects and/or faults are not covered by the warranty.

11.5. The request must be received in writing, by registered mail with return receipt, to the Supplier at the following address Simone Tessadori & C. Srl Via Camillo Brozzoni, 25125 Brescia, which will indicate its willingness to act on it – or the reasons preventing it from doing so – within 7 (seven) working days of receipt. In the same communication, where the Supplier has accepted the Purchaser’s request, it shall indicate the method of shipment or return of the good as well as the expected time limit for the return or replacement of the defective good.

Article 12 – Buyer’s Obligations.

12.1. The Buyer agrees to pay the price of the purchased goods in the time and manner specified in the contract.

12.2. The Buyer agrees, upon completion of the online purchase process, to arrange for the printing and storage of this agreement received via e-mail as an attachment to the purchase order confirmation.

12.3. The information contained in this contract has, moreover, already been viewed and accepted by the Buyer – who acknowledges this – prior to confirmation of purchase, through telematic procedures.

Art. 13 – Right of withdrawal

13.1. The Buyer has in any case the right to withdraw from the concluded contract, without payment of any penalty and without specifying the reason, within the term of 14 (fourteen) days starting from the day of receipt of the purchased goods.

13.2. In case the Buyer decides to make use of the right of withdrawal, he must notify the Supplier by e-mail at support@www.simonetessadori.com.

13.3. The return of the goods by the Buyer – under penalty of forfeiture – must take place no later than 14 (fourteen) days from the date of notice of withdrawal. In any case, to be entitled to a full refund of the price paid, the goods must be returned intact, in their original packaging and without having been used by the Buyer.

If the returned good is damaged, or shows signs of wear and tear related to handling not strictly necessary to establish immediately and directly, its nature, characteristics and relative operation, the Supplier will deduct from the refund an amount corresponding to the decrease in its value. Therefore, in the event that the returned good is damaged (e.g. in the presence of abrasions nicks, scratches, or other deformations, etc.), or not complete with every element or its accessory (including labels, tags, etc.), not accompanied by attached instructions/notes/manuals, original (or, in any case, adequate) packaging and/or packing, or by the relevant warranty certificates (if any), the Purchaser will be liable for the patrimonial decrease in the value of the good, with the right to reimbursement for an amount equal to the residual value of the good itself.

13.4. For the purpose of exercising the right of withdrawal under this Article, the direct costs of returning the goods to the Supplier shall be borne by the Buyer.

13.5. The Supplier will refund the price paid by the Purchaser after receiving the withdrawn goods, subject to the conditions set forth in Section 13.3 above for the Purchaser to obtain the aforementioned refund.

13.6. Upon receipt of the e-mail by which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are released from their mutual obligations, subject to the provisions of the preceding paragraphs of this article.

Article 14 – Protection of confidentiality and processing of Buyer’s data.

14.1. The Supplier protects the privacy of its customers and guarantees that the processing of personal data complies with the provisions of the privacy legislation set forth in Legislative Decree No. 196 of June 30, 2003 and EU REG. 2016/679 .

14.2. Personal biographical and fiscal data acquired by the Supplier, the data controller, are collected and processed in the form and manner provided in the Privacy Policy of the site.

Article 15 – Communications and Complaints

15.1. Written communications directed to the Supplier and any complaints will be considered only if they are sent by e-mail to the following address: assistance@www.simonetessadori.com. The Purchaser undertakes to indicate on the website registration form his residence or domicile, telephone number and e-mail address to which he wishes communications from the Supplier to be sent.

Article 16 – Out-of-court settlement of disputes.

As per EU Regulation 524/2013 (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2013:165:0001:0012:IT:PDF), the Buyer is informed of the option to refer the resolution of any dispute with the Supplier – about the offer and purchase of the goods and/or services promoted online – to bodies/companies/offices active in alternative dispute resolution (so-called ADR – Alternative Dispute Resolution), through web-based, simple, fast and inexpensive procedures (so-called ODR – Online Dispute Resolution).

The resolution of any dispute arising from and/or related to this Contract may, however, be referred to an attempt at mediation/conciliation at the Brescia Chamber of Commerce for Industry, Crafts and Agriculture, which will decide in accordance with the relevant Mediation/Conciliation Rules. For any further information on the point, please visit the following website www.bs.camcom.it .

17) Competent court and law applicable to the contract

Any dispute between Supplier and Buyer inherent to the Contract, and its execution, shall be governed by Italian law and administered, unless derogated, by the courts of the consumer’s forum. The Buyer will be guaranteed, in any case, the rights conferred by the mandatory consumer protection regulations in force in the relevant country of residence and/or domicile.

For the rules of reference as to place of jurisdiction and applicable law to the Contract, please refer to art. 66 bis of the Consumer Code, art. 18 of EU Reg. 1215/2012, art. 6 of EU Reg. 593/2008, as, finally, to articles 3 and 57 of Law no. 218/1995.