Terms and conditions

GENERAL TERMS AND CONDITIONS GOVERNING DISTANCE SELLING CONTRACTS

BETWEEN TAGLIERO AND ITS USERS

Whereas

a)             For the purposes of these general terms and conditions, the following definitions apply:

‘Consumer’, a natural person who acts for reasons that are unrelated to and/or that do not form part of entrepreneurial, commercial, artisanal or professional activities which they may perform, or who acts for reasons not falling under the definition of each of the above activities.

‘Business’, any natural or legal person acting within the framework of a commercial, industrial, artisanal or professional activity, completing a purchase agreement relating to the business carried out.

‘Customer’, a Business or Consumer, who has purchased a TAGLIERO product in accordance with the information and terms and conditions set out in this agreement and in the description sheet available on the website, which is intended as an integral part of this agreement.

‘Tagliero’, STARTAFRICA S.r.l., with registered office at no. 53, Via Mosconi, 24046, Leffe (BG), tax reference and VAT number 03857820165, e-mail asmaratagliero@gmail.com, telephone number +39035222338. Tagliero is the company that sells and provides the products shown on the Website, identified with its brand name ‘Tagliero Asmara’.

TAGLIERO’s operating site (physical store) is at no. 21/b, Via Sant’Orsola, 24122 – Bergamo (BG).

 

‘Product’, a product or products that the Customer wishes to purchase under this distance selling contract.

‘Contract’, the contract entered into by Tagliero and the Customer without either party being physically and simultaneously present, through the exclusive use of one or more distance communication methods.

‘Website’, the website https://www.tagliero.it/, owned exclusively by TAGLIERO.

b)             Prior to the online purchase of the Product (the Product will only be dispatched after payment is received), the Customer, using point and click, must agree to these terms and conditions of sale and the regulations that govern the procedures to register for, to access and to navigate and use the Website. In this way the terms and conditions are also recognised and approved pursuant to Articles 1341 and 1342, Italian Civil Code;

c)             The Customer expressly authorises TAGLIERO to use their email address for activities inherent to this contract.

Art. 1. Object of the contract

This distance selling contract, including the preambles which form an integral part of the general terms and conditions, governs the sale of shirts or other items of clothing under the brand name ‘Tagliero Asmara’, and other products marketed on the Website.

Art. 2. Pre-contractual information

The Customer declares that they have read, prior to the online purchase of the Product, all information contained in the illustrative sheet accessible on the Website and which sets out the main characteristics of the Product, the identity of TAGLIERO, the price, the dispatch method, and the returns policy.

Art. 3. Terminating the contract

Pursuant to and for the purposes of Article 1326, Italian Civil Code, this distance selling contract is deemed to be entered into when TAGLIERO receives payment for the price of the Product, to be made by credit card or PayPal. The whole purchase procedure is to be carried out using the methods described at this link https://www.tagliero.it/en/pages/purchase-procedure.

Art. 4. Data security and confidentiality

The Customer declares to have the right of use and legitimate access to the information entered onto the Website to purchase the Product and to access related services, also ensuring that the information does not violate in any way, directly or indirectly, any right of a third party. Therefore, the Customer agrees not to enter data to which they do not have free and legitimate access.

The Customer is also prohibited from entering false and/or fictitious data when registering for the Product and in further communications regarding the performance of the contract.

To this end, the Customer releases TAGLIERO from any liability arising from the improper and/or illegitimate provision of data, even if incorrect. The Customer also releases TAGLIERO from any obligation and/or duty to perform direct or indirect verification and check in this regard.

If TAGLIERO becomes aware that false data have been entered onto its system, TAGLIERO and anyone acting for it reserve the right not to dispatch the Product or to ask for it to be returned, if already dispatched, with the price being simultaneously returned to the buyer.

Art. 5. Dispatch methods

The Product will be prepared and entrusted to the carrier for delivery within 5 (five) working days of entering into the contract. Products will be delivered by a qualified carrier, engaged by TAGLIERO within the timescales indicated when entering into the contract, in any case no later than 30 days of entering into the contract.

Delivery costs will be communicated to the Customer on the website prior to payment. For deliveries in Italy and Europe (except Albania, Andorra, Bosnia-Herzegovina, Cyprus, Gibraltar, Iceland, North Macedonia, Malta, Moldova, Montenegro, Norway, Serbia, Turkey, Ukraine), TAGLIERO will not charge for delivery costs if the value of purchases made on the Website is greater than EUR 120.00 (one hundred and twenty Euros and zero cents). For deliveries outside Italy and Europe (including Albania, Andorra, Bosnia-Herzegovina, Cyprus, Gibraltar, Iceland, North Macedonia, Malta, Moldova, Montenegro, Norway, Serbia, Turkey, Ukraine), delivery will be free of charge if the value of purchases made on the Website is greater than EUR 240.00 (two hundred and forty Euros and zero cents).

Art. 6. Liabilities and obligations

Customers have the right to a two-year legal guarantee for any defects in Products that are ascribable to TAGLIERO.

Except where there is malice or serious negligence on the part of TAGLIERO, Customers hereby relieve TAGLIERO from any liability for direct or indirect damages:

a)     caused by third parties who illegally access Customer data where a Customer fails to keep log in details safe or adopt other security measures;

b)     caused by third parties who illegally take possession of the Customer’s Product.

TAGLIERO can in no way be held liable for:

a)     any malfunction of the online platform caused by breakdowns, overloads, interruption of telephone lines, electricity or anything referring to the Internet;

b)     third-party breaches that compromise the enjoyment of the Product;

c)     damage suffered by the Customer in relation to use of the Product, not caused by faults or defects in the Product.

In addition, TAGLIERO cannot be held liable for non-fulfilment of its obligations arising from causes that cannot reasonably be foreseen, from objective impediments beyond its direct and immediate control or due to force majeure. Examples of force majeure include destruction of the building in which Products are stored. If one of the above events occurs, TAGLIERO and anyone acting for it must inform the Customer, and provide a forecast for the regular dispatch of the Product or the refund methods set out in clause 8.

Finally, Customers cannot assign to a third party any obligation or right arising from this Contract without prior written authorisation issued in the irrevocable judgement of TAGLIERO.

Art. 7. Consumer’s right to terminate the contract (returns and exchanges)

Pursuant to Article 52 et seq., Italian Legislative Decree no. 206 of 6th September 2005 (Consumer Code), a Consumer Customer may terminate the contract within 14 (fourteen) days of the date on which the Product was delivered. To do so, the Consumer Customer must send an email to asmaratagliero@gmail.com, completing the form attached to these contractual terms and conditions, thus expressing the desire to terminate the contract.

If a Consumer Customer exercises the right to terminate, they must send the Product back to TAGLIERO in perfect condition and in its original packaging within 14 (fourteen) days of exercising the right to terminate. TAGLIERO will not accept returns if the Product has clear signs of use, has been modified and/or is damaged, torn or dirty, or is in a condition which will not allow it to be resold. 

Once they have communicated their desire to exercise the right to terminate, the Consumer Customer must send or deliver the Product to TAGLIERO within 14 (fourteen) days of exercising the right to terminate. The Consumer Customer will pay the dispatch costs.

If a Product is returned, the price paid by the Consumer Customer will be refunded only after TAGLIERO receives the Product. The Product must be received by the deadline, using the methods and in the condition specified above. The price will be refunded using the same payment method used by the Consumer Customer for the initial transaction, unless the Consumer Customer indicates otherwise. The refund will include all costs incurred by the Consumer Customer, including shipping costs, but excluding supplementary costs arising from any delivery method chosen that is not the least costly standard method offered by TAGLIERO. 

As an alternative to a refund of the price paid, the Consumer Customer may ask to receive a different model, size and/or colour of Product (an exchange). If the replacement Product costs the same as the Product originally ordered, it will be exchanged without further cost to the Consumer Customer, except for dispatch costs to send the new Product. If the replacement Product costs more or less than the Product originally ordered, it will be exchanged after the Consumer Customer pays the difference in price, or TAGLIERO refunds the excess. 

Consumer Customers must complete the attached form to indicate their desire to exercise the right to terminate or to request an exchange. The form must include an indication of the desire to receive a replacement product and details of the replacement product to be dispatched.

Pursuant to Article 59 of the Consumer Code, the right to terminate does not apply to personalised Products.

Art. 8. TAGLIERO’s right to terminate the contract and refund methods

TAGLIERO has the right to terminate the contract with the Customer if it cannot dispatch the Product because it is not in stock or for reasons of force majeure. This applies even if payment has been correctly received. TAGLIERO will exercise its right to terminate by sending an email to the Customer by and no later than one working week after receiving payment.

TAGLIERO will fully refund the cost of the Product to the Customer by bank transfer to the current account indicated by the Customer, if – in the event that there is only a temporary lack of Product – the Customer does not agree to an extension of ordinary delivery timescales.

Art. 9. Applicable law, jurisdiction and other tools for composing disputes

This Contract is governed by Italian law.

If the Customer is a Consumer pursuant to Article 3 of the Consumer Code, the unwaivable territorial jurisdiction is the court of the Consumer’s place of residence or domicile, if located in Italian State territory, unless the Consumer Customer exercises the right to begin proceedings in a court that is not the ‘consumer’s court’ as set out in Article 66-bis, Italian Consumer Code, which is competent for the area under one of the criteria set out in Articles 18, 19 and 20 of the Italian Civil Procedure Code. In all other cases the Court of Bergamo has jurisdiction.

The European Commission has instituted an online platform which provides consumers with an online out-of-court resolution tool for disputes relating to and/or arising from contracts for the sale of goods and services that are entered into online. Accordingly, Consumers can use this platform to resolve any dispute arising from an online contract entered into with TAGLIERO. The platform can be found at http://ec.europa.eu/consumers/odr/.

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In accordance with Articles 1341 and 1342, Italian Civil Code, the Customer specifically approves the following contractual clauses:

Art. 5. – Dispatch methods

Art. 6. – Liabilities and obligations

Art. 7. – Consumer’s right to terminate the contract (returns and exchanges)

Art. 8. – TAGLIERO’s right to terminate the contract and refund methods

Art. 9. – Applicable law, jurisdiction and other tools for composing disputes

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Return form (pursuant to Article 49(1)(H), Italian Legislative Decree no. 206 of 6th September 2005, ‘Consumer Code’).

 

The form can be sent as follows:

-       by e-mail to info@tagliero-asmara.it;

-       by post to STARTAFRICA S.r.l. for the attention of Tagliero e-commerce, no. 21/b, Via Sant’Orsola, 24122 Bergamo (BG), Italy.

Products must be returned to STARTAFRICA S.r.l. for the attention of Tagliero Asmara e-commerce, no. 21/b, Via Sant’Orsola, 24122 Bergamo (BG), Italy.

 

Consumer’s name and surname:	_______________________________________________________
Consumer’s address:	_______________________________________________________
Order date and number:	_______________________________________________________
Products to be returned - Specify code number and size of products to be returned	_______________________________________________________   _______________________________________________________
I would like:	‡ a refund;   ‡ a different product (state which products you would like to receive, indicating the code number and size):     _______________________________________________________   _______________________________________________________
Reason for the return (optional response)	‡ It looks different from the images on the Website; ‡ I received a different product from the one I ordered; ‡ I ordered the wrong size; ‡ I don’t like it; ‡ Other: _____________________________________________ ____________________________________________________
Consumer’s signature (only if sent by post)   __________________________		Date     ____________________