This website http://www.tessutoartisticoumbro.com(“Site”) is owned, and any transactions with you will be carried out, by Tessuto Artistico Umbro, a company incorporated under the laws of Italy having its registered address at via PREDARA 6, 06036 Montefalco (PG), Italy.
Please read the details set out below carefully before using this Site. By accessing or using this Site, you agree to be bound by all of the following terms and conditions and disclaimers (“Terms”), which shall take effect immediately on your first access to or use of this Site. If you do not agree to be bound by all of the following Terms please do not access or use this Site.
In these Terms, “you”, “your” and “yours” means you, the person(s) accessing or using this Site and “we”, “us” and “our” means Tessuto Artistico Umbro.
These Terms govern your use of this Site and the purchase of products on this Site.
From this Site we may provide information or hyperlinks to other websites or pages provided by other parties. Your use of other parties’ sites may be subject to their own terms and conditions. Please read them.
Please ensure that you read carefully all applicable terms, conditions and disclaimers together with any instructions and/ or notes relevant to your use of the products, services or information that may be offered to you from time to time. Please note that these Terms do not affect your statutory rights as a consumer.
Change to the Terms
The information, material and content provided in the pages of this Site may be changed by us at any time with or without notice. Changes may be made to the Terms at any time without notice by updating this posting.
You will be subject to the Terms in force at the time that you order products from us, unless any change to these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to the Terms before we send you a Confirmation Email (as hereinafter defined).
Availability of the Site
The content, including layout, of this Site or products or services available via this Site may be wholly or partially suspended, withdrawn or changed at any time without any notice.
We also reserve the right at any time to immediately suspend the provision of all or any part of this Site to you and/or block your access to this Site without any notice
You will need to register to purchase the products available to you on the Site. In registering an account you agree and undertake to provide information about yourself that is true, accurate, current, and complete in all respects. In order to register you need to follow the relevant instructions. You must always safeguard your username and password.
In using the Site, you agree to accept responsibility for all activities conducted through your account. You are responsible for keeping your account and password secure. If you feel or suspect that the security of your account has been compromised or if there is unauthorised use of your account, please contact us immediately. Even in the event of unauthorised use you shall be at all times responsible for all activities conducted through your account.
Prohibitions and deletion of account
We may take actions against your account for activities including, but not limited to: • Using any technology to attempt to hide the use of multiple accounts or disrupt any of our services in any way. • Initiating communications that contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or racially, ethnically or otherwise objectionable material. • Advertising or sending unsolicited messages of any kind. • Impersonating others or providing any kind of false information.
We reserve the right to delete any account at our sole discretion. We may send you an email to inform you of the termination of your account in such event.
Acceptance of your order
All information on the Site is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order from us on the Terms. Once you have entered your personal and payment details and placed your order, we shall send you an email acknowledging the receipt of your order. This email is only a confirmation of receipt of your order and does not constitute an acceptance of your order. Your order is accepted and the contract between you and us (“Contract”) is formed when we send you an email to confirm that we have received the payment and the order has been processed (“Confirmation Email”). Only the goods listed in the Confirmation Email are included in the Contract.
We will not process your order until payment has been received in full in accordance with the provisions of Clause 24.
If you order a product to which a minimum age requirement applies, by ordering that product you confirm that you are of the required age.
While we will endeavour to ensure that all the products sold through the Site will correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Site may mean that the colours, fabrics and designs of the products displayed on the Site and the products delivered to you may differ in appearance in minor respects.
We reserve the right not to accept an order for any reason at our sole discretion. Such reasons include, but are not limited to, one of the following: • The product you ordered is out of stock, or is withdrawn due to its failure to meet our quality standards or due to the shipping restrictions applicable to one or all of the ordered items. • We identify a pricing or product description error. • We are unable to obtain authorisation for payment. • You do not meet the eligibility criteria to purchase as set out in these Terms.
Prices are shown on the Site in EURO and are inclusive of VAT. Prices displayed on the Site at the time your order is accepted will be honoured except in the case of obvious error. Whilst we use our best endeavours to ensure that all prices appearing on the Site are accurate, we do not guarantee that they are error-free and reserve our right to rectify any errors. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and offer you the option of reconfirming or cancelling your order. If we are unable to contact you, we will treat the order as cancelled.
In addition to the price, you shall pay the delivery costs. The amount of the delivery and shipping costs vary according to the weight of the order, the distance to the country of destination and the delivery terms. At all times and prior to the confirmation of the order you can consult a survey and calculation chart of these costs at http://www.tessutoartisticoumbro.com/index.php?id_cms=1&controller=cms&id_lang=3. Any other taxes and duties originating between the time of the order and the time of delivery shall be borne in full by you.
We reserve the right, in our sole discretion, to change prices or discounts applicable to the products at any time and without any notice but such changes will not apply to products in respect of which you have already received a Confirmation Email.
Payment and receipt
We accept payments made by PayPal, bank transferor cashon delivery.
By placing an order using one online payment methods, you confirm that the PayPal account used is yours or that you have been authorised by the owner to use it. If your card issuer refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
If your payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Site.
Our payment processes meet the stringent international security standards set down by the Payment Card industry to make your shopping experience safe and secure. We use a security system for online payments guaranteeing the confidentiality of banking data and the safety of the transactions. The security system for credit card transactions is SSL (Secure Socket Layer). In the absence of negligence on our part, we will not be liable for any loss you may suffer if any third party procures unauthorised access to any data you provide when using our services.
We will send a sales receipt together with the products that you have ordered to the address you have indicated in the order.
Delivery, title and risk
We will use our best endeavours to deliver the products to you at the address indicated in your order by the delivery date set out in the Email Confirmation or, if no delivery date is specified, then without undue delay. In any event, delivery will take place no more than 30 calendar days after the day on which a Contract is entered into.
Title in the products and relevant risk of loss will pass to you only on the date on which we receive payment in full for such products.
You may cancel a Contract within 14 calendar days of the date of receipt of the products in question.
The said right must be exercised with the submission of a written communication to be addressed to Tessuto Artistico Umbro, via PREDARA 6, 06036 Montefalco (PG), by post, fax or email (firstname.lastname@example.org). The communication must include the purchase order number, the request to cancel the purchase and the name/product code of the item(s) in question; you shall also enclose a copy of an identity document, a copy of the purchase tax documentation and indicate a telephone number on which you can be contacted. To this end you may use the standard cancellation form (although you are not under any obligation to use it) attached as Appendix I.
Once the notice of cancellation has been received we will communicate to you the address where to ship the products in question. Products must be in original condition, with all tags attached, and must be returned in the original undamaged box and/or packaging. The products must be returned within 14 calendar days of cancelling the Contract. The shipment, until receipt by us, will be under your responsibility and risk. Upon receipt of the products, we will verify their integrity and reimburse the amount of the purchased product including the relevant delivery costs, with the exception of the transportation costs to return the products to us, which shall be fully borne by you. These costs vary according to the country of origin, and they are explained at the link http://www.tessutoartisticoumbro.com/index.php?id_cms=1&controller=cms&id_lang=3.
Refunds will be credited to your original method of payment unless otherwise agreed between us. On receipt of a return, we will process the refund as soon as possible and in any event no later than 14 calendar days after returning the products, or evidence that they were returned.
We warrant that all products supplied will be of satisfactory quality and fit for the purpose.
In the event of any breach of the warranty in Clause 35, but subject to Clause 37 below, our liability shall be limited to: a. replacement of the product in question; or b. at your option, repayment of the price.
If you receive a faulty item and would like a refund or replacement, you shall (i) contact us no later than 40 days as of the receipt of the item in question, specifying what kind of remedy you seek and advising of your order number, along with the name/product code of the item affected and the details of the problem, and (ii) return the faulty item within the subsequent 14 days, to the registered address of Tessuto Artistico Umbro, via PREDARA 6, 06036 Montefalco (PG), Italy. Products must be in original condition, with all tags attached, and must be returned in the original box and/or packaging.
The postage cost for the return of the products referred to in the preceding Clause will be reimbursed to you via bank transfer.
Limitation of liability
Nothing in these Terms limits or excludes our liability in respect of (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, or (iii) any other liability which cannot be limited or excluded by applicable law.
Subject to Clause 39 above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any: (a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or (b) loss of goodwill or reputation; or (c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms.
Subject to Clause 39 and 40 our aggregate liability under these Terms whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the product you have ordered from us. This section does not affect your statutory rights as a consumer.
We do not guarantee that the use of the Site will be error-free or that the Site or the servers that make it available are free of viruses or other harmful components. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.
You hereby agree to waive and do hereby waive any and all implied or statutory rights or remedies you may have to the greatest extent permissible by law.
Advertisements and third party sites
Where we display advertisements or provide hypertext links to other locations on the Internet, we do so for information purposes only. We are neither endorsing nor responsible for the content of any advertisements or any websites or pages of third parties linked to or linking to this Site. We have not verified the content of any such advertisements and websites. Relying on any advertisements or following links to any websites or pages of third parties shall be entirely at your own risk. We shall not be responsible or liable for any damages or in any other way in connection with such advertisements or such linking of those websites or pages.
Links to third party downloadable software sites are for convenience only and we are not responsible nor are we liable for any difficulties or consequences associated with downloading that software. You are responsible for obtaining all necessary authorisations to use such software and we make no implied licence or warranty in relation to the obtaining of or use of such software whatsoever. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.
No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this Site or by any hyperlinks to or from any third party websites or pages.
Link to this Site
Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission.
We are not responsible for the set up of any link from a third party website to our Site.
Intellectual property rights
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on this Site is either owned by or licensed to us unless otherwise stated.
The "Tessuto Artistico Umbro" trade marks as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our products, Site, accessories or packaging, whether registered or not, are and remain our exclusive property and/or of our licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Site, the products depicted and/or available on the Site and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Site are and shall remain our exclusive property and/or of our licensors and such intellectual property rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.
Any infringement to our intellectual property rights is strictly prohibited. We shall not tolerate any acts of misuse of this Site, infringement of our intellectual property rights, or any attempts to abuse its network and systems or to tamper with its normal operation. We reserve the right to take appropriate legal action against any person who performs, directly or indirectly, such acts. Such person shall also be liable for any loss or damages caused by the prohibited acts.
We recommend you to review our Privacy and Cookies Policy which forms part of these Terms.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including attorney's fees on a solicitor and own client basis, that may be claimed by any third party, that is due to or arising out of your conduct or connection with your use of this Site or service, your violation of these Terms or any other violation of the rights of another person or party.
We shall not be liable for any failure to comply with our obligations hereunder if such failure is due to any cause beyond our reasonable control including without limiting the generality thereof, acts of God, acts of civil or military authority, labour disputes, failure or delay of our suppliers, fire, riots, civil commotions, sabotage, war, embargo, blockage, boycotts, floods, epidemics, delays in transportation, governmental restrictions.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Severance and no waiver
If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
The failure or delay of us to exercise or enforce any right in these Terms does not waive our right to enforce that right.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
In purchasing a product, you represent and agree that you are buying the products solely for your personal use, and not for resale or commercial distribution. We reserve the right to cancel a Contract if we have reason to believe that you are not buying the products solely for your personal use.
These Terms and the Contracts are governed by and are to be interpreted in accordance with the laws of Italy.
The courts of Perugia (Italy) will have exclusive jurisdiction in respect of any dispute which may arise in connection with the Terms, the Contracts or your use of this Site.
We acknowledge that local mandatory laws may apply to the sale of the products to you if the sale does not take place in Italy. We will at all times comply with any local mandatory laws and if there is an inconsistency between the local mandatory laws which apply to a Contract and the provisions of these Terms, then the applicable local mandatory laws will prevail.
Applicable laws may require that some of the information or communications we send to you should be in writing. When using the Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
You may not transfer or assign any of your rights under these Terms and/or a Contract to any other person without our prior written consent.
We may transfer any of our rights under a Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
No third party may claim any rights under these Terms and/or a Contract and any right of a third party to make such a claim is expressly excluded.