1 . SCOPE
1.1. These general conditions of online sale (the “General Conditions“) apply to all sales contracts concluded between Cosetex S.r.l., with registered office in Medolago (BG) Via Roma, 69, VAT No. 00725440168 REA BG 167343, (the “Company“), and the user, understood in accordance with article 3 of Legislative Decree no. 206/2005 (“Consumer Code“) as a consumer, a natural person acting for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (“User”) on the basis of orders sent electronically through the website https://t.silk.bio/shop/ (the “Website“).
1.2. By declaring that they accept these General Conditions when purchasing a product on the Website, the User undertakes to comply with these General Conditions. The User will not be able to purchase products through the Website in case of non-acceptance of these General Conditions.
1.3. The products sold by the company within the website are to be considered, by type of product, construction, weight of padding, external fabric, dimensions, finish and production and shipping times, customised products created to measure for which the provisions of article 11 do not apply.
2. CHANGES TO THE GENERAL CONDITIONS
2.1. The Company reserves the right to make changes to these General Conditions at any time should such changes be necessary to comply with legal provisions, to adapt the General Conditions to the Company’s sales models or for technical reasons. The updated version of the General Conditions is published from on the Website as changes are made. In any case, the version of the General Conditions in force at the time of placing the purchase order applies to each purchase.
3. PURCHASE AS “GUEST”
3.1. The User can make purchase through the Website as a guest without creating an account on the Website. In this case, the User must correctly fill in the fields of the appropriate login form on the Website, entering all the data requested therein (by way of non-limiting example: name, surname, billing and delivery address, email address and telephone number) and accept these General Conditions.
4. CONCLUSION OF THE PURCHASE AGREEMENT
4.1. The submission of a purchase order through the Website constitutes a binding purchase offer with respect to the selected products and, therefore, the conclusion of a purchase contract, which will be fully governed by these General Conditions (the “Contract“).
4.2. Once the purchase order has been sent, the Company sends the User an email confirming receipt of the order to the email address indicated by the User during the order confirmation, containing the number of order and the details of the order placed (“Order Confirmation“). As such, the User acknowledges that the Contract will be considered concluded upon receipt of the Shipping Confirmation by the User, in accordance with art. 8.2 below.
4.3. Before confirming the purchase order, the User is required to check the summary of the purchase order to ensure that all the data provided is correct. Any data entry errors can be corrected using the appropriate editing functions on the Website. In case of errors only noticed by the User after confirming the purchase order, the User can correct them by contacting the Company in the manner indicated in article 13 below.
4.4. The User is required to keep the order number present in the Order Confirmation in order to access the assistance service and for any other communication with the Company.
5. PRODUCT AVAILABILITY
5.1. For the purpose of purchasing, the User can only select the products present in the catalogue published on the Website and available at the time of the purchase order by the User. The selected products are placed in the cart, the contents of which can be deleted or modified at any time until the purchase order is sent.
5.2. The product catalogue is periodically updated by the Company, which, therefore, does not provide any guarantee that a product will be among those available or regarding the availability of all sizes/versions of each product/colour present in the catalogue.
5.3. Each product is accompanied by a description of its main characteristics. The images and colours of the products in the descriptions may not correspond faithfully to the real ones, due to the settings of the computer systems or devices used by the User to view the Website. Therefore, the published images must be considered indicative within the limits of normal tolerance.
5.4. The products on the Website are available until they are sold out. If, even though it can be selected, the chosen product is not available, the Company will promptly notify the User via email to the address provided by the User. In case of permanent unavailability of the product, the Company will propose one or more alternative products to the User, it being understood that, if the User does not intend to accept the proposal, they will be promptly reimbursed for any amount already paid. In case of acceptance of the alternative proposal by the User, which must be sent by email to the address referred to in the following art. 13, the Contract is concluded upon receipt of the Shipping Confirmation by the User, in accordance with art. 5.2 above.
6. PRODUCT PRICES
6.1. The sales prices are expressed in Euros and are inclusive of VAT.
6.2. The sales prices applicable to the User are those published online at the time the purchase order is placed. These prices may be subject to change without prior notice. It is the User’s responsibility to check the final price before submitting the purchase order.
6.3. All prices of the products on the Website are net of shipping costs, which remain entirely borne by the User. These costs vary depending on the shipping method selected and are indicated separately in the purchase order summary and in the Receipt Confirmation.
7. PAYMENTS; BILLING; REFUNDS
7.1. The payment methods available to the User are listed below:
7.1.1. Credit card (Visa, Mastercard, American Express and Maestro;)
7.1.3. Bank transfer (the details for which will be communicated by email)
7.2. The price must be paid at the time of placing the order, in case of payment by credit card or PayPal and bank transfer.
7.3. The Company reserves the right not to accept the purchase order in the event of failure to authorise the payment by the manager of the payment method used pursuant to article 7.1.
7.4. Upon confirmation of the purchase order by the User, this latter will be redirected to the payment portals of the bank intermediary which will authorise the transaction, it being understood that none of the User’s bank details will be processed and/or archived by the Company through the Website.
7.5. In case of cancellation by the buyer of an order whose payment has been authorised and concluded, the Company will cancel the transaction. Any refunds of the amounts paid by the User to the Company will be made using the same payment method used by the User to make the purchase, it being understood that such refunds will be processed within the times and in the manner provided by the operator of this payment method, and that the Company cannot be held liable in any way whatsoever for any damages suffered directly or indirectly by the User due to delayed or non-repayment.
7.6. The Company provides for the production of the ordered products against the crediting of the payment made by the User, which must in any case be received within 5 working days at the latest.
7.7. The User acknowledges that the Company is not obliged to issue an invoice for purchases made on the Website except upon express request made by the User by filling in the appropriate form at the time of confirmation of the purchase order by the User themselves. It is understood that the Company will not be responsible for issuing an invoice containing incorrect data where the error is attributable to the indications made by the User. The Company will send the User a copy of the invoice by email to the address indicated thereby at the same time as the issuing, in the manner indicated in this paragraph 7.7.
8. PRODUCT DELIVERY
8.1. The products purchased on the Website are delivered to the shipping address indicated by the User when registering on the Website or purchasing the product by express courier.
8.2. Upon delivery of the products by the Company to the express courier, the User receives the shipping confirmation (“Shipping Confirmation“).
8.3. The ordered products are custom made to measure, therefore they will be processed once payment is received. Delivery times will be approximately 15/20 days from receipt of payment.
8.4. The delivery is understood to be made at the time in which the User or a third party authorised by them acquires the material availability of the products, which will be proven by communication from the courier.
8.5. Upon delivery of the product, the User is required to check that the packaging is intact and without signs of damage, tampering or alteration. If this verification is not successful, the User must immediately make the necessary complaints to the courier, rejecting the product or accepting it subject to written checks on the transport document. Furthermore, the User must promptly inform the Company of the incident by contacting the Company’s customer services (“Customer Services”) in the manner indicated in art. 13 below.
8.6. In case of non-delivery of the products due to the absence of the User on the occasion of the attempts provided for by the procedure adopted by the courier, the courier will keep the products in its warehouse until they are collected by the User and, in any case, for the term agreed. If the products are not collected within 5 working days from the unsuccessful delivery, the products will be returned by the courier to the Company, without any refund for the User.
8.7. In the event of damage to the products that cannot be found externally or of a mismatch between what was purchased and what was delivered, the User must make their communication with photographs as proof of their claim.
9. USER DECLARATIONS AND GUARANTEES
9.1. The User declares and guarantees:
9.1.1. that they are able to legitimately stipulate the Contract;
9.1.2. that they are of age;
9.1.3. that the personal data and other information communicated to the Company during the purchase of the product are true, correct and updated. The Company reserves the right to verify the information provided at any time and by any means at its disposal, including by requesting suitable supporting documentation from the User;
9.1.4. that they will use the Website in compliance with any applicable law or regulation, refraining from any form of direct and/or indirect use of the Website that is in conflict with the law, these General Conditions or detrimental to the rights of third parties.
9.2. The User undertakes to indemnify and hold the Company harmless against any liability, action, cost, expense and claim that may arise from the User’s violation of the declarations and guarantees referred to in Article 9.1, without prejudice to any the possibility for the Company to terminate the Contract with immediate effect pursuant to Article 1456 of the Civil Code in the event of a breach of the aforementioned declarations and guarantees by the User.
10. LEGAL GUARANTEE OF CONFORMITY
10.1. The products sold to the User through the Website have the legal guarantee of conformity provided for in articles 128 et seq. of the Consumer Code (“Legal Guarantee“).
10.2. Without prejudice to the provisions of art. 5.3 above, the Company is required to deliver products that comply with the Contract to the User.
10.3. The Company is liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has manifested itself within the term of 2 (two) years from the delivery of the product. The User loses their rights relating to the Legal Guarantee if they do not report the lack of conformity to the Company within 2 (two) months of the date on which they discovered the defect, by contacting the Company’s customer services, at the address indicated in Article 13; this claim, to be entered on the form available at the bottom of these General Conditions, must contain an accurate and complete description of the claimed defects or flaws and photos of the product, highlighting the reported lack of conformity. The Company’s customer services will promptly check the User’s communication and potentially send them an additional form to be filled in and give them instructions to potentially return the product.
10.4. The product will be returned at the expense of the Company if, in light of the complaint of the lack of conformity and the photographic documentation received, the Company deems the reported defect to exist. If, on the other hand, following the analysis of the photographic documentation, the Company does not consider the User’s report to be well founded, the latter will be free to send the Product to the Company, at its own expense, for the sole purpose of subjecting it to physical analysis by the latter. The User must accompany the product for which they intend to claim the Legal Guarantee with the application form available at the bottom of this Contract, duly filled in, and the tax receipt or invoice and any other document reasonably requested by the Company.
10.5. The User may ask the Company, at its discretion, to repair the product or to replace it, at no cost to them, unless the chosen remedy is objectively impossible or excessively burdensome compared to the others.
10.6. The User may, at their discretion, request an appropriate reduction in the price or the termination of the Contract if one of the following conditions occurs: repair and replacement are impossible or excessively expensive; the Company has not repaired or replaced the product within a reasonable time; the replacement or repair previously carried out has caused considerable inconvenience to the User.
10.7. If, after having collected/received the product, the Company verifies that the reported lack of conformity actually exists, any costs for the transportation, repair or replacement of the product will be borne by the Company or, if the transport costs were incurred by the User pursuant to art. 10.4 above, they will be reimbursed by the Company. Otherwise, if the Company ascertains that the reported lack of conformity does not exist or in any case that there are no conditions for applying the Legal Guarantee, the Legal Guarantee will not come into effect and all transport costs – both those incurred by the User for sending the product to the Company and vice versa – will be charged to the User; in this case, the Company will notify the User and the product will be returned to the shipping address indicated by the User. In all cases of non-delivery of the products to the User or to a third party authorised by them, the products will be kept in storage for a period of 15 days or for a longer term indicated in the notice of attempted delivery left to the User. If this term expires without the User having collected the products, the Company will have the right to charge the User for the storage costs and freely dispose of the products.
10.8. The User acknowledges and accepts that any defects or damage caused by accidental events or by the User’s responsibility or by use of the products not compliant with their intended use or normal wear and tear will not be covered by the Legal Guarantee.
11. RIGHT OF WITHDRAWAL
11.1. The User has the right to withdraw from the Contract within 14 (fourteen) days, without being obliged to indicate the reasons, except for products in relation to which the right of withdrawal is excluded pursuant to art. 59 of the Consumer Code. The withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the product purchased. If the User has purchased multiple products with a single order, the withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last of the products purchased.
11.2. To exercise the right of withdrawal, the User is required to clearly declare their intention to withdraw from the Contract by informing the Company of it. To this end, the User may use the withdrawal form, available at the bottom of these General Conditions, to be filled in and sent to Customer Services by email at the address indicated in art. 13 below.
11.3. To comply with the withdrawal deadline, it is sufficient for the User to send the communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period referred to in art. 11.1 above. Upon receipt of the above, the Company will promptly notify the User via email of confirmation of receipt together with the return identification code and any labels necessary for correctly returning the products to the Company.
11.4. In the event of withdrawal, the Company will fully refund the User the price of the returned products and the initial shipping costs relating to them, with the exception of additional costs deriving from the User choosing a type of delivery other than the less expensive type offered by the Company. However, the shipping costs for returning the product will be borne by the User.
11.5. In the event that they exercise the right of withdrawal, the User is obliged to return the purchased products to the Company within 14 (fourteen) days, starting from the day on which they communicated their decision to withdraw from the Contract to the Company.
11.6. The Company will reimburse the User for the amounts indicated in art. 11.4 above, without undue delay and in any case no later than 14 (fourteen) days from the day on which the Company receives the product subject to withdrawal. These refunds will be made using the same payment method used by the User for the initial transaction, it being understood that the Company cannot be held responsible for the negative outcome of the refund in the event that the User provides incorrect payment details.
11.7. The User is required to return the products without having used them, in an intact state of conservation and with the original labels not removed, and is considered responsible for the integrity of the product until receipt by the Company. The packaging of the products must be thorough, in order to protect the original wrapping from damage or the affixing of writings or labels. If these conditions are not met, the Company will return the products to the User at the latter’s expense.
11.8. For the purpose of returning the products to the Company, the User is required to print the withdrawal form previously filled out and sent to the Company, applying the return label received pursuant to art. 11.3 above. This form must therefore be included inside the product packaging, so that it is returned to the Company successfully. Should the User have any doubts about the procedure to be followed for exercising the right of withdrawal, they are required to contact the Company at the addresses indicated in art. 13 below to receive all the necessary clarifications.
12. PROTECTION OF PERSONAL DATA
12.1. The Company is the Data Controller of personal data. Any communication concerning the processing of the Users’ personal data can be sent to the email address managed by the Data Controller firstname.lastname@example.org. The Data Controller keeps an updated list of the appointed managers, and guarantees acknowledgment of it to the interested party at the registered office as indicated above.
13.1. To receive assistance, submit complaints or request information, the User can contact the Company via the following contacts: telephone +39 (0)35 902042 and email address email@example.com
14. ONLINE DISPUTE RESOLUTION
14.1. The User has the possibility to use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). Through the ODR Platform, the User and the Company can resolve disputes relating to purchases made online with the assistance of an impartial body. The ODR Platform is accessible at the following link:
15. APPLICABLE LAW AND JURISDICTION
15.1. These General Terms and Conditions are governed by Italian law. Any dispute that may arise between the Parties in relation to the validity, interpretation, execution and termination of these General Conditions or of each Contract will be the exclusive competence of the Court of the place of residence or domicile of the consumer, if located in the territory of the Italian State.