Terms and Conditions

Terms and Conditions

General Terms and Conditions of Sale   
Index
1.    Trademarks and Intellectual Property Rights
2.    Links to Borgo delle Tovaglie
3.    Disclimers on Content
4.    Our Business Policy
5.    How to Execute a Contract
6.    Guarantees and Delivery
7.    Payments
8.    Customs & Duty
9.    Consumer Rights and the Cooling-Off Period
10. Substitution of defective or incorrect items
11.  Privacy
12.  Governing Law and Disputes

The following General Terms and Conditions of Sale together with the documents referred to below, including the Privacy Policy govern the offer and sale of products on Borgo delle Tovaglie’s online store (later “Onlinestore”). Please read these terms and conditions carefully before ordering any products. By ordering any of our products, you agree to be bound by these terms and conditions. The access to as well as the purchase of products on our Onlinestore our are based on the assumption that these General Terms and Conditions of Sale have been read, understood and accepted by you.
The products purchased on our Site are sold directly by Borgo delle Tovaglie Srl (later “Borgo delle Tovaglie”), Borgo delle Tovaglie has its registered office in Italy at Via Farini, 10 – 40124 Bologna, business register number, tax code and VAT number 04316250374, fully paid share capital of EUR 50.000,00.
For any information relevant to our Onlinestore please send a mail to our Customer Service: info@borgodelletovaglie.com
Borgo delle Tovaglia 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.

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.
Onlinestore contents, including but not limited to, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material posted on our Onlinestore 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 Onlinestore, are protected by copyright and by any other intellectual property right of Borgo delle Tovaglie and of the relevant right-holders. The reproduction, wholly or in part, in any form whatsoever, of the Onlinestore and of its contents 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 Onlinestore and its contents.
1,3          As far as the use of the Onlinestore is concerned, you are only authorised to display the web site and its contents. You 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. You are also authorised to surf on the web site for the lawful use of the Onlinestore and its contents. You are not authorised to reproduce by any means or in any form, in whole and in part, the Onlinestore and its contents. Any reproduction must be authorised from time to time by Borgo delle Tovaglie 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.

2.   Links to Borgo delle Tovaglie
2.1         Please, contact Borgo delle Tovaglie at the following e-mail address info@borgodelletovaglie.com if you are interested in linking the home page of the Onlinestore or other web pages which can be publicly accessible. You are requested to receive our written consent before linking.
2.2         Borgo delle Tovaglie is entitled to object to links to its web site or to withdraw the approval given, in any moment, without any need for justification.
2.3          Even after the formal approval to the link to our web site Borgo delle Tovaglie is not responsible for the services offered by others who have placed a link to the his Site.
2.4          Any link to this site posted by third parties must not damage the image and activities of the company of Borgo delle Tovaglie.

3.   Disclimers on Content
3.1         Borgo delle Tovaglie has made all efforts to prevent the publication on its web site of content describing or representing situations of violence or which might be deemed to violate civil beliefs or human rights and dignity. In any event, Borgo delle Tovaglie does not warrant that the contents of the Onlinestore are appropriate or lawful in other Countries outside Italy. However, in the event that such contents are deemed to be unlawful or illegal in some of these Countries, please do not access our Onlinestore and, where you nonetheless choose to access it, we hereby inform you your use of the services provided by the Onlinestore shall be your exclusive and personal responsibility.
3.2         Borgo delle Tovaglie has also adopted measures to ensure that the content of the Onlinestore 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 Onlinestore.
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 updating the Onlinestore.
3.4         Remember that you will be liable for your use of our Onlinestore 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         As each material will be downloaded or otherwise obtained at your choice and risk, any liability for any damage to computer systems or data loss resulting from the discharge falls on the user and can not be attributed to Borgo delle Tovaglie. Borgo delle Topvaglie 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 to, alteration of data, failure and/or malfunctioning of the electronic devices of the 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 Onlinestore.
4.2         The user could be private customer or professional customer (shop, architect, interior decorator, hotel …).
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 the Onlinestore 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 a Contract
5.1          To place an order for the purchase of one or more products on the Onlinestore, you must fill out the online order form and send it electronically to Borgo delle Tovaglie, following the relevant instructions.
5.2          By submitting the order through the Onlinestore, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale as well as the Privacy Policy of the site. Should you not agree with certain provisions, please do not submit your order through our Onlinestore.
5.3          The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including the applicable fees and taxes – for Extra European Countries ref. § 8), type of payments that you may use, shipping lead time and delivery costs.
5.4          Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale and Privacy Policy.
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. You will receive a notification of submission of the order summarizing your order.
5.6          The order form will be filed in our data base. You may access your order form.
5.7          Upon submission of an order form, Borgo delle Tovaglie will process your order and will send you a purchase order receipt e-mail, containing a summary of the information related to the order form.
5.8         Borgo delle Tovaglie will notify you, that the goods have been shipped or the cancellation of the order (ref. 5.9).
5.9         Borgo delle Tovaglie may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that Borgo delle Tovaglie has not carried out your purchase order specifying the reasons thereof. In these cases, as soon as possible, 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 submission of orders to Borgo delle Tovaglie must be in Italiano or in English.

6.   Guarantees and Delivery
6.1         The main characteristics of products are shown on the Onlinestore. The images of the products offered for sale on the site are only indicative and may not exactly correspond to the real garments in terms of image and colours even due to the Internet browser or the monitor used.
6.2          We produce handcrafted products. Therefore minor irregularities and color variations should be considered as a stylistic choice and not a defect.
6.3         Our production is highly crafted and each product is expressly produced to meet each order.
6.4         Delivery lead time (including manufacturing and shipment) from payment receipt is:
ITALY: 10 working days
EUROPE: 15 working days
Other countries: 20 working days
Goods may be subject to delays, due to customs.
6.5    Delivery procedure
Deliveries are made Monday to Friday, office hours.
ITALY /EUROPE: two delivery attempt will be made, after the second attempt the order will be returned to our warehouse.
OUT OF EUROPE: one delivery attempt will be made, if the forwarder won’t find a receiving person the goods will be stored in the nearest post office for 10 days; after this period the goods will be returned to our warehouse.

When the goods are returned, for failure to consign, we will notify the customer the procedure and the additional amount he should pay for a new delivery attempt. The goods will be shipped after recivein the payment on our account. The payment should be made within 30 days by notification. After this period goods and payments will be kept by Borgo delle Tovaglie as cost reimbursement.
6.6     We don’t deliver to PO Boxes. In case you will be asked an alternate address; if not provided within 5 days from our request the order will be cancelled.

7.   Payments
7.1         Payment method: PAYPAL.
The PAYPAL payment metod guarantees that your data is safe thanks to the use of the state of the art security standards.
7.2          Borgo delle Tovaglie consider the order confirmed exlusively if the amount indicated into the order confirmation, including the shipment and delivery costs, is credited to Borgo delle Tovaglie’s account.
7.3         Prices are subject to changes. Please check the price of sale before sending the relevant order form.
7.4         The prices are in Euro.

8.   Customs & Duty
Recipients outside the EU will be responsible for any IMPORT DUTIES, CLEARANCE FEES or BROKERAGE fees including any other additional charges. The customer is responsible for providing any information required by customs to ensure the goods are cleared.

We recommend you to contact your 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 the Cooling-Off Period
9.1          It is not possible to cancel your contract relevant to customized products; products that is totally or in part different from the products available on the Onlinestore at the moment of the order.
9.2          If you are a Consumer, and you wont to cancel your contract with Borgo delle Tovaglie in relation to products purchased from our Onlinestore, you should:
a) notify in writing to info@borgodelletovaglie.com, within ten (10) working days from the products receipt, your cancellation request including: 1) Order number; 2) Item description; 3) the reason of the cancellation (this optional information will help us to improve our service to you). You should keep a record of your cancellation notice;
b) the products should not have been used, worn, washed or damaged;
c) the identification tag should still be attached to the products;
d) the products should be returned, complete in their original packaging;
e) products from the same order should be returned in the same shipment;
f) the products should be returned, within the (10) working days from receipt, to:
Borgo delle Tovaglie S.n.c. – Via Colombo, 6/a – 40069 Zola Predosa – Bologna – Italia
In the shipment documents you should make reference to the order number.
g) You should return your items via secure and insured delivery service (such UPS, …), 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 (ref. 8.) are the responsibility of the customer.
9.3         If you cancel the contract in accordance with the above list we will process the refund as soon as possible and, in any event within thirty (30) days of the day we received the return.
Borgo delle Tovaglie will refund the price of the product in full (the shipment and delivery costs as well as custom costs are not refundable). The refund will be credited to those who made the payment.
9.4          If procedure above is not complied, 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 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.   Substitution of defective or incorrect items
You must return the products in the same condition in which you received them. You have the obligation to take reasonable care of the products whilst they are in your possession. If you fail to comply with this obligation, you’ll loose the right of reimbursement or substitution.
We will refund you postage for any faulty items returned to us (the amount refunded is the one in the order), however we cannot accept liability for an item until it has been returned and has been confirmed as faulty by us.
10.1     Claim Procedure:
a) notify your complaint in writing to info@borgodelletovaglie.com, within ten (10) working days from the products receipt indicating: 1) Order number; 2) Item description; 3) Defect detailed description
b) the products should not have been used, worn, washed or damaged or otherwise altered from their original status;
c) the identification tag should still be attached to the products;
d) the products should be returned complete, in their original packaging;
e) products from the same order should be returned in the same shipment;
f) the products should be returned, within the (10) working days from goods receipt,  to:
Borgo delle Tovaglie – Via Colombo, 6/a – 40069 Zola Predosa – Bologna – Italia
In the shipment documents you should make reference to the order number.
g) You should return your items via a secure and insured delivery service (such UPS, …), 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) In the transport document you must indicate the order number.
i) All return postage are on customer responsibility .
You should keep a record of your complaint notice.

10.2       Defect Analisys
Borgo delle Tovaglie, in the shortest time, will examine the products returned and will notify the analisys result:
a) ACCEPTED CLAIM: we will notify you by e-mail the claim acceptance; within ten (10) working days from the notification we will send you replacement products. If one or more products won’t be anymore available you’ll be refunded as soon as possible and, in any event, within thirty (30) days; in the same way we will credit you the shipping cost.
The refund will be credited to those who made the payment.
b) NOT ACCEPTED CLAIM: in the event that Borgo delle Tovaglie find no fault in the returned products or responsability in the claim, it will be notified to you by e-mail. The products are at your disposal for collection. If, within thirty (30) days you won’t collect the goods Borgo delle Tovaglie reserve the right to retain the products, the purchase price and recover Borgo delle Tovaglie’s fees and expenses  from you.

11.   Privacy
11.1 You will find information on how we process your personal data in our Privacy Policy area.

12.   Governing Law and Disputes
12.1        These General Terms and Conditions of Sale are governed by Italian law and in particular by Italian legislative decree 6 September 2005 no. 206 on distance contracts and by Italian legislative decree 9 April 2003 no. 70 on certain aspects related to e-commerce.
12.2        In the event of a dispute between Borgo delle Tovaglie and one of our customers, Borgo delle Tovaglie guarantees to respect the conciliation service “RisolviOnline”.RisolviOnline is an independent service and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan – ITALY, which allows to reach a satisfactory agreement, with the help of a competent and neutral conciliator, in a friendly and safe way, on the Internet. For more information about the rules for RisolviOnline or send a request for conciliation access risolvionline.com.