Terms and Conditions
- 1. Trademarks and Intellectual Property Rights
- 2. Linking and Referring to our Website
- 3. Disclaimer on Contents
- 4. Our Business Policy
- 5. How to Finalise the Contract
- 6. Guarantees and Delivery
- 7. Payments and Concerned Countries
- 8. Customs & Duty
- 9. Right of Withdrawal
- 10. Substitution of defective / wrong items
- 12. Governing Law and Disputes
General Terms and Conditions of Sale
The products purchased on our Website are sold directly by Borgo delle Tovaglie S.r.l. (later defined also as “Borgo delle Tovaglie”), with registered office in Italy in Via Farini, 10 – 40124 Bologna, business register number, tax code and VAT number 04316250374, fully paid share capital of EUR 50.000,00.
Borgo delle Tovaglie may at any time amend or simply update all or part of these General Terms and Conditions. Any amendment or update shall be binding as soon as it is published, so every User should check this page regularly. For any information relevant to the purchase on our Website, please send an email to our Customer Service: email@example.com
1. Trademarks and Intellectual Property Rights
1.1 Borgo delle Tovaglie is the exclusive owner of the logos and registered trademarks “Borgo delle Tovaglie” , “borgodelletovaglie.com”, “ borgodelletovaglie.it”, borgodelletovaglieshop.
Our Website’s contents, including but not limited to: works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material posted on our Website in any format, including menus, web pages, graphics, colours, schemes, tools, fonts, design of the web site, diagrams, layouts, methods, processes, functions and software which are part of the Website, are protected by copyright and by any other intellectual property right of Borgo delle Tovaglie S.r.l. and of the relevant right-holders. The reproduction, wholly or in part, in any form whatsoever, of Borgo delle Tovaglie’s Website and its content, is not allowed without Borgo delle Tovaglie’s written consent.
1.2 Borgo delle Tovaglie has the exclusive right to authorise or prohibit any reproduction, whether direct and indirect, temporary or permanent or by any other mean or in any form, in whole or in part, of the Website and its content.
1.3 As far as the use of our Website is concerned, Users are only authorised to display the web site and its contents. Users are also authorised to carry out all the other temporary acts of reproduction which are transient or incidental and an integral and essential part of displaying the Site and its contents and which have no independent economic significance. Users are also authorised to surf on the web site for the lawful use of our Website and its contents. Users are not authorised to reproduce by any means or in any form, in whole and in part, the Website and its content. Any reproduction must be authorised from time to time by Borgo delle Tovaglie S.r.l. or, if necessary, by the authors of the work posted on the web site. Such reproductions shall be carried out for lawful purposes and in compliance with copyright and the other intellectual property rights of Borgo delle Tovaglie S.r.l.
2. Linking and referring to our Website
2.1 Any User or Third Party who is interested in linking the home page of our Website or other publicly accessible web pages about Borgo delle Tovaglie, are requested to receive our written consent before linking or referring. In order to obtain the consent, please contact Borgo delle Tovaglie at the following e-mail address: firstname.lastname@example.org.
2.2 Borgo delle Tovaglie is entitled to object to direct linking to the Website or to withdraw the approval given, in any moment, without any need for justification.
2.3 Even after our formal approval, Borgo delle Tovaglie is not responsible for the services offered by third parties, even if linking to the Website has been approved.
2.4 Any link to the present Website, posted by any third party, shouldn’t damage the image or the activities of Borgo delle Tovaglie S.r.l.
3. Disclaimer on Contents
3.1 Borgo delle Tovaglie has made all efforts to prevent the publication, on its Website, of content describing or representing situations of violence or which might be deemed to violate civil beliefs or human rights and dignity. In any case, Borgo delle Tovaglie does not warrant that the contents of the Website are appropriate or lawful in Countries outside Italy. In the event that such contents are deemed to be unlawful or illegal in some of these Countries, the involved Users should not access our Website and, in case the Users choose to access it, we hereby inform any concerned party that the User’s usage of the services provided by the Website shall be the User’s exclusive and personal responsibility.
3.2 Borgo delle Tovaglie has also adopted measures to ensure that the content of its Website is accurate and does not contain any incorrect or out-of-date information. However, Borgo delle Tovaglie cannot be held liable for the accuracy and completeness of the content posted on the Website.
3.3 Moreover, Borgo delle Tovaglie cannot guarantee that the web site will operate continuously, without any interruptions and errors due to the connection to Internet or suspensions, interruptions or discontinuity due to the Website’s updates or maintenance.
3.4 The User of the Website will be liable for the use of the Website and its contents. Borgo delle Tovaglie shall not be considered liable for any use of the web site and its contents made by any of its users that is not compliant with the laws and regulations in force.
3.5 Since each content/material from the Website can be used at User’s own choice and risk, any liability for any damage to computer systems or data loss resulting from the download will fall on the user and cannot be attributed to Borgo delle Tovaglie. Borgo delle Tovaglie is not responsible for any damage caused to the inaccessibility of services on site, or from damage caused by viruses, corrupted files, errors, omissions, interruptions of service, deletion of content, network-related problems, providers or links telephone and / or telecommunications, unauthorized access, alteration of data, failure and/or malfunctioning of the electronic devices which are property of an end User.
3.6 The User is responsible for the safekeeping and proper use of personal information, including credentials that permit access to restricted services, and any harmful consequence or damage that may arise against Borgo delle Tovaglie or third parties as a result of incorrect use, loss, removal of such information.
4. Our Business Policy
4.1 Borgo delle Tovaglie offers products for sale on its own Website.
4.2 The User could be a private customer or a professional customer (shop, architect, interior decorator, hotel manager…).
4.3 Borgo delle Tovaglie reserves the right not to process orders which does not comply with Borgo delle Tovaglie’s business policy.
4.4 These General Terms and Conditions of Sale regulate the offer, transmission and acceptance of purchase orders relating to products on our Website, between the end Users of the site and Borgo delle Tovaglie.
4.5 These General Terms and Conditions do not regulate supply of services or the sale of products to professional customers. The professional sales condition will be sent to the each specific professional customer upon request, if the customer characteristics agree to the trade policy of Borgo delle Tovaglie.
5. How to Execute the sale contract
5.1 To place an order for the purchase of one or more products on the Borgo delle Tovaglie Website, you must fill out the online order form and send it electronically to Borgo delle Tovaglie, following the relevant instructions.
5.3 In the order confirmation page, Users will find a link to these General Terms and Conditions of Sale, and other valuable information on the main characteristics of each product ordered, such as the relevant unit price (including the applicable fees and taxes – for Extra European Countries see § 8), type of payments which can be used, shipping lead time and delivery costs.
5.5 An order shall be deemed submitted when Borgo delle Tovaglie receives your order form electronically and the order information has been verified as correct. The User will receive a notification of submission of the order summarizing the most important data of the order.
5.6 The order form will be filed in our data base. You may access your order form.
5.7 Once that the procedure has been completed and the contract is executed, Borgo delle Tovaglie will process the order and will send to the User an order receipt e-mail, containing a summary of the information related to the order.
5.8 Borgo delle Tovaglie will notify the User by contacting him, in case of delivery of the goods to the shipper as in case of cancellation of the order (ref. 5.9).
5.9 Borgo delle Tovaglie may not be able to process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or in case the products are no longer available. In the above cases, we shall inform the User by e-mail that the contract has not been executed, and that Borgo delle Tovaglie couldn’t carry out your purchase order, specifying the reasons thereof. In these cases, and in any case within thirty (30) days from the day after Borgo delle Tovaglie has received your order form, Borgo delle Tovaglie will refund the amount paid for those items.
5.10 The purchase and any communication related to it, will be in English or in Italian language.
6. Guarantees and Delivery
6.1 The look and the features of the products are presented on our Website. The images of the products offered may not correspond exactly to the real product in terms of finishes and colors, mainly due to the typical differences between internet browsers, monitors and devices used.
6.2 The products are handcrafted and each item is hand finished. Therefore slight changes in color and slight irregularities in processing are due to a stylistic choice and are not to be considered a defectiveness.
6.3 Our production is entirely handmade, and each product is expressly produced to meet each order.
6.4 Delivery lead time (including manufacturing and shipment), calculated from payment receipt, is as follows: 10 working days for Italy, 15 working days for Europe, 20 working days for the rest of the world. The delivery of the goods may be subject to delays due to customs procedures.
6.5 Delivery procedure: deliveries take place from Monday to Friday, during office hours.
- In Italy and in Europe, two delivery attempts will be made, then after the second attempt failed, the order will be returned to the Borgo delle Tovaglie warehouse.
- In any other country, a single attempt will be made. If the shipper cannot deliver the goods, the parcel will remain at the nearest post office for 10 days, then the goods will be returned to Borgo delle Tovaglie’s warehouse.
When the goods are returned due to delivery failure, Borgo delle Tovaglie will notify the fact to the Customer, along with the procedure and the amount for a new delivery attempt. The goods will be sent upon receipt of payment, which must be made within 30 days of notification. After this period goods and payments will be retained by Borgo delle Tovaglie as reimbursement of expenses.
6.5 Borgo delle Tovaglie doesn’t deliver to PO Boxes. If the Customer need the goods to be delivered in a PO Box, an alternate address will be required; in case this alternate address is not provided within 5 days from our request, the order will be cancelled.
7.1 At the moment, the payment methods accepted on our Website are the following: PayPal, Bank Wire and Credit Cards payment through Stripe or Paypal.
7.2 The order is considered confirmed only after receipt of the credit or of the entire amount indicated in the order; including shipping and delivery costs.
7.3 Prices are subject to changes from time to time. Please check the price of sale before sending the relevant order form.
7.4 The prices on our Website are in Euro.
8. Customs and Duty
Recipients outside the European Union will be responsible for any Import Duties, Clearance Fees or Brokerage Fees, including any other additional cost.
Borgo delle Tovaglie recommends the Users to contact their local customs authority to determine a landed cost price prior to purchase completion. We operate on a DDU (Delivered Duty Unpaid) basis.
9. Consumer Rights and Right of Withdrawal
9.1 It is not possible to cancel an order for customized products. Customized products are products which are partially or entirely different from the products as they’re sold on our Website at the time of the order.
9.2 The user wishing to exercise the right of withdrawal for a purchase concluded on the Borgo delle Tovaglie Website, must follow the procedure below:
a) the User must notify the request to cancel the order, in written form, to email@example.com within ten (10) working days from the receipt of the goods. The request must include: 1 – the order number; 2 – the description of the items to be made; 3 – the reason for the return (this information will help us offer a better service in the future to any User).
b) ensure that the products have not been used, worn, washed, damaged or modified under any other aspect;
c) keep the identification tag attached to the products;
d) return the products in their original package and without any missing element;
e) in case more products from the same order are returned, the products should be returned in the same, single shipment;
f) the products should be returned within (10) working days from User’s receipt, to Borgo delle Tovaglie S.r.l., Via Colombo 6/a, 40069 Zola Predosa – Bologna (Italia); the shipment documents should make reference to the order number.
g) items should be returned via secure and insured delivery service, as Borgo delle Tovaglie cannot accept responsibility for goods not received or damaged during the shipment. A proof of signature is required to confirm receipt.
h) all return postage and duties costs are responsibility of the customer.
i) discounted products are not refundable or replaceable.
9.3 If the Right of Withdrawal is exercised following the methods and terms indicated in this paragraph, the refund will be made in the shortest possible time, and in any case within thirty (30) days from the date of the return. Borgo delle Tovaglie will refund the item in full, while delivery costs as well as custom costs are not refundable. The refund will be credited to those who made the payment.
9.4 If the procedure above won’t be complied entirely, the Customer will not be entitled to reimbursement. In this case Borgo delle Tovaglie will require the Customer to provide for the collection of goods, in the state in which they were returned, by courier, at
Borgo delle Tovaglie, Via Colombo 6/A – 40069 Zola Predosa, Bologna, Italy.
The products will be available for collection for thirty (30) days from the date of notification. After this period Borgo delle Tovaglie will keep the products in addition to sums already paid for their purchase as refund.
9.5 Customs duties and sales taxes are non-refundable by Borgo delle Tovaglie, however you may be able to recover these by contacting your local customs bureau directly.
10. Replacement of defective or incorrect products
The User asking for replacement must return the products in the same condition in which they were received. The User has the obligation to take reasonable care of the products whilst they are in his own possession. If the User fail to comply with this obligation, the right of reimbursement or substitution will be lost. We undertake to refund the shipping costs for the return of defective or incorrect items (the amount refunded will be equal to the shipping costs indicated in the original order), however we cannot accept responsibility for an item until it has been returned and confirmed as defective or incorrect.
10.1 The claim procedure in case of defective or incorrect product, is the following:
a) notify to firstname.lastname@example.org, within 10 working days from the User’s receipt of the goods. The claim must include: order number, item description, a detailed description of the defect affecting the goods;
b) the products should not have been used, worn, washed, damaged or otherwise altered from their original status;
c) the product identification tag must still be attached to the products;
d) the products must be returned in their original package and without any missing element;
e) in case more products from the same order are returned, the products should be returned in the same, single shipment;
f) the products should be returned within (10) working days from User’s receipt, to Borgo delle Tovaglie S.r.l., Via Colombo 6/a, 40069 Zola Predosa – Bologna (Italia). The shipment documents should make reference to the order number;
g) items should be returned via secure and insured delivery service, as Borgo delle Tovaglie cannot accept responsibility for goods not received or damaged during the shipment. A proof of signature is required to confirm receipt;
h) the transport documents must include the order number;
i) all return postage and duties costs are responsibility of the customer.
10.2 Analysis of the complaint: Borgo delle Tovaglie will examine the returned products and will notify the outcome of the complaint as soon as possible:
a) If the complaint is accepted, we will send confirmation by e-mail that the complaint has been accepted; within ten (10) working days of the aforementioned notification, replacement products for the returned products will be sent. If one or more products are no longer available, we will inform you by e-mail and proceed to refund the value of the products as soon as possible and in any case within thirty (30) days of the aforementioned notification, and we will credit the shipping costs in the same way. The refund will be made to the person who made the payment.
b) In the event of non-acceptance of the complaint, i.e. where no defect is found in the returned products – or where the responsibility for the problem highlighted is not attributable to Borgo delle Tovaglie – our staff will notify you by e-mail that the complaint is not accepted, and that the products are available for collection by the customer. After 30 days from the e-mail notification, Borgo delle Tovaglie will be entitled to retain the products, in addition to the sums already paid for their purchase, and to request any refunds for expenses incurred.
Borgo delle Tovaglie respects the law and does not resell information to third parties. The data is requested at the same time and for the sole purpose of rendering a better service for all the services offered. For example: data are used for booking at our Bistrot, for the creation of a profile on our E-commerce, for the subscription to our periodical newsletter. The components of the site may use the information you consensually give us to improve the browsing experience and to produce aggregate statistical data, therefore without individual profiling.
12. Applicable law and dispute resolution
12.1 The General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of 6 September 2005, on the Consumer Code, with specific reference to the regulations on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects concerning electronic commerce.
12.2 In the event of a dispute between Borgo delle Tovaglie and one of our customers, Borgo delle Tovaglie guarantees adherence to the RisolviOnline conciliation service. RisolviOnline is an independent and institutional service, provided by the Arbitration Chamber of the Chamber of Commerce of Milan, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in a friendly and safe way, on the Internet. For more information on the RisolviOnline rules or to send a conciliation request, go to risolvionline.com.