Terms & Conditions

TERMS AND CONDITIONS OF SALE IN ACCORDANCE WITH NATIONAL AND EUROPEAN REGULATIONS

Premise
These terms and conditions of sale are in compliance and full compliance with European and national legislation on consumer law and in full compliance with the fundamental principles of adequate information, correct advertising, and the exercise of commercial practices in good faith , correctness and loyalty, for all that is not regulated, please refer to the sector legislation and subsequent additions and amendments.

Article 1
The subject of this sales contract are the products of Sartoria Toscana designed by Dr. Margherita Batelli.

Article 2
Antinomies and normative contrasts

The rules of national and European law on consumer protection will apply, the protection of the civil code and the consumer code will apply. If conflicts arise between the various regulations: Pursuant to art. 1469-bis of the Civil Code: «the provisions of this title apply to consumer contracts, unless waived by the Consumer Code or by other more favorable provisions for the consumer»; Pursuant to art. 38 of the Italian Civil Code: «for anything not provided for by this code, the provisions of the civil code apply to the contracts concluded between the consumer and the professional». The art. 1469-bis and art. 38, constitute provisions of a general nature, are not superimposable with each other, the first provision being aimed at regulating a conflict between rules and the second, instead, at regulating the hypothesis of gaps in the Consumer Code.

Article 3
Pre-contractual information for the consumer
Pursuant to articles 48 ff. c. cons. Margherita Batelli, legal representative of Sartoria Toscana, provides information on the product and its main characteristics on the Sartoria Toscana website, which can be found in the Wardrobe section depending on the creation you wish to buy. Furthermore, this information will be provided before purchasing the dress, when choosing the product. The identity of the professional is Margherita Batelli, the geographical address in which he is established is viale G. Di Vittorio 178, Chianciano Terme (SI) CAP 53042 the telephone number is + 39 334 1820476 the e-mail address is sartoriatoscana@ gmail.com, the date you receive messages and after-sales assistance is from Mon/Sun 8:30 to 19:30. The price of the goods referred to in the link https://sartoriatoscana.com depending on the product purchased. The payment methods are credit cards: Visa, MasterCard, American Express. Bank transfer. Apple Pay, Google Pay. Shipments on the Italian territory are free if the purchase exceeds 500 euros, in the case of shipment outside Italy they are charged to the customer. We inform you that the Pre-order can be made both in the office and online, delivery is guaranteed by courier within 20 working days from receipt of the order, in the case of international delivery it is 25 working days. If desired, the Customer can collect the product in the shop in viale G. Di Vittorio 178, Chianciano Terme (SI) CAP 53042 within 15 working days. In case of lack of conformity, the guarantee is two years from the moment of delivery of the dress, the articles will apply. 133 ff., of the c. cons., the customer will have the right to have the dress replaced or repaired without charge and within a reasonable period pursuant to art. 135 ter c. cons. Pursuant to art. 135 bis c. cons., the customer will be able to choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the seller, taking into account all the circumstances of the case. Pursuant to art. 49 letter h) c. cons., informs you about the right of withdrawal pursuant to art. 52 c. cons. - except for the exceptions of art. 59 of the consumer code - that the consumer has a period of fourteen days to withdraw (from a distance contract or contract negotiated away from business premises) without having to provide any reason and without incurring costs other than those provided for in article 56, paragraph 2 c. cons. and article 57 c. cons. In the case of the right of withdrawal, the costs of returning the goods will be charged to the customer both for returns from Italy and abroad. Pursuant to art. 54 letter a) and b) c. cons., The right of withdrawal must be exercised in writing through the Sartoria Toscana e-mail sartoriatoscana@gmail.com or through its telephone number + 39 334 1820476 or through the model withdrawal form in the attachment I, part B of c. cons. Pursuant to art. 49 c. cons., letter i) in the case of distance contracts or contracts concluded outside the shops: Sartoria Toscana informs the customer that he will have to bear the costs of returning the goods in the event of withdrawal (both for returns from Italy and abroad) and in the case of distance contracts where the goods by their nature cannot normally be returned by post; Pursuant to art. 49 letter l) c. cons., for remote contracts or contracts away from commercial premises, Sartoria Toscana informs the customer - who exercises the right of withdrawal after submitting a request pursuant to article 50, paragraph 3, c. cons., or of article 51, paragraph 8, c. cons., - that the latter is responsible for paying the costs of returning the goods both for returns from Italy and abroad. Sartoria Toscana informs that the right of withdrawal will be excluded pursuant to art. 59 paragraph 1 c. cons., - in the cases referred to in articles from 52 to 58 c. cons. - for distance contracts and contracts negotiated away from business premises when: the dress has been made in a clearly personalized and made-to-measure manner; when the garment is deteriorated or for hygienic reasons. The customer will lose the right of withdrawal if Sartoria Toscana ascertains that: the returned product is missing its external packaging and/or the original internal packaging, if the product is not intact in its entirety or in some parts. The product must be unused (for hygienic reasons), complete in all its parts, including the tags, failure to observe these principles renders the right of withdrawal inapplicable. For further details on the customer's right of withdrawal, please refer to articles 7,8,9,10,11,12,13 of these terms and conditions of sale, which can be found in paper format in the delivery package. Pursuant to art. 49 c. cons, letter o) for contracts concluded at a distance or away from business premises, we inform you that after-sales assistance to the consumer is provided from Mon/Sun from 8.30 to 19.30. The aforementioned information is provided before purchasing the product and before paying on the Sartoria Toscana online site through the conditions of sale found on the Sartoria Toscana site, which you will be directed to before purchasing and a paper pair will be provided immediately after the purchase.

Article 3-bis
Delivery of the order Upon arrival of the goods, customers are requested to inspect the package carefully before affixing a signature as proof of delivery of the shipment. If the shipment appears externally damaged, please immediately report the incident to the courier and affix "signature with reserve", take photos of the external package and the interior if damaged and send it within 24 hours to sartoriatoscana@gmail.com the reporting. Sartoria Toscana packages are carefully packed in a cardboard box with the 'MB Sartoria Toscana' logo, closed with logged in adhesive tape. If the package is damaged, or if part of the goods are missing inside, the packaging must be kept for further checks. Any dispute regarding damages, shortages, or delivery to an incorrect address must be sent by email sartoriatoscana@gmail.com promptly from the delivery date shown on the courier's website, otherwise it cannot be accepted.

Article 4
Specific additional information obligations for contracts concluded on e-commerce
Pursuant to art. 49 - bis of the consumer code, product information is made available on the Sartoria Toscana online site at the link https://sartoriatoscana.com

Article 5
Formal requirements for contracts negotiated away from business premises
Given the art. 50 of the consumer code, the information of the art. 3 of the terms and conditions of sale are provided on paper. Pursuant to art. 50 paragraph 2 c. cons., the trader provides the consumer with a copy of the signed contract or the confirmation of the contract in hard copy or, if the consumer agrees, in another durable medium, including, where appropriate, the confirmation of prior express consent and of the consumer's acceptance in accordance with article 59, paragraph 1, letter o).

Article 6
Formal requirements for distance contracts
Pursuant to art. 51 paragraph 2 c. cons., the information is communicated before payment: of the art. 49 paragraph 1 letter a) c. cons., Dr. Margherita Batelli, the legal representative of Sartoria Toscana, provides information on the product and its main characteristics which can be found on the Sartoria Toscana website, which can be found in the Wardrobe section depending on the creation you wish to buy. Furthermore, this information will be provided before purchasing the dress, when choosing the product. of the art. 49 paragraph 1 letter e) c. cons., the total price including taxes can be found at the link https://sartoriatoscana.com depending on the product purchased. of the art. 49 paragraph 1 letter q) c. cons., in relation to the information on the conditions of the withdrawal of which reference is made to the articles 7, 8,9,10,11,12,13 of these conditions of sale; In the case of the right of withdrawal, the return shipping costs will be free for returns in Italy. In the case of returns outside Italy, the costs are charged to the customer. Pursuant to art. 51 paragraph 2 c. cons., clearly, when placing the order, the consumer will expressly acknowledge that the order implies the obligation to pay. If the placing of the order involves pressing a button or similar function, the button or similar function shall bear in an easily legible manner only the words "order with obligation to pay" or a corresponding unambiguous wording indicating that the placing of the order order implies the obligation to pay the professional. Pursuant to art. 51 paragraph 3 c. cons., we inform you that the Pre-order can be made both in the office and online, delivery is guaranteed by courier within 20 working days from receipt of the order, in the case of international delivery it is 25 working days. If you wish, the Customer can collect the dress in the shop in viale G. Di Vittorio 178, Chianciano Terme (SI) CAP 53042 within 15 working days. Shipments on the Italian territory are free if the purchase exceeds 500 euros, in the case of shipment outside Italy they are charged to the customer. The payment methods are credit cards: Visa, MasterCard, American Express. Bank transfer. Apple Pay, Google Pay. Pursuant to art. 51 no. 7 c. cons., Sartoria Toscana will provide the consumer with confirmation of the contract concluded on a durable medium, within a reasonable period of 5 days, after the conclusion of the distance contract and at the latest at the time of delivery of the goods or before the execution of the service begins. This confirmation includes: a) all the information referred to in article 49, paragraph 1, of the c. cons. unless the trader has already provided the information to the consumer on a durable medium before concluding the distance contract; and b) where appropriate, confirmation of the consumer's prior express consent and acceptance in accordance with Article 59(o).

Article 7
Right of withdrawal
Given the art. 52 of the consumer code, the consumer - except for the exceptions of art. 59 of the consumer code - the customer has a period of fourteen days to withdraw from a contract (at a distance or negotiated away from business premises) without having to provide any reason and without incurring costs other than those provided for in article 56, paragraph 2 c. cons. and article 57 c. cons. Pursuant to art. 52, 1 - bis, c. cons., the withdrawal period of fourteen days referred to in paragraph 1 of the art. 52 c. cons., is extended to thirty days, for contracts concluded in the context of unsolicited visits by a professional to a consumer's home or excursions organized by a professional with the purpose or effect of promoting or selling products to consumers. The provision referred to in this paragraph does not apply to contracts concluded in the context of home visits by a professional, requested by a consumer and not organized by him collectively. The time from which the 14 days start pursuant to art. art. 52 c.cons., in the case of sales contracts, start from the day on which the customer or a third party, other than the carrier and designated by the customer, acquires physical possession of the goods, in the case of multiple goods ordered by the consumer through a single order and delivered separately, take effect from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last good; in the case of delivery of a good made up of multiple lots or pieces, they start from the day on which the consumer or a third party, other than the carrier and designated by the consumer, acquires physical possession of the last lot or piece;

Article 8
Exercise of the right of withdrawal
Given the art. 54 of the consumer code Pursuant to art. 54 paragraph 1, c. cons., before the expiry of the withdrawal period, the customer must inform Sartoria Toscana of his decision to exercise the right of withdrawal from the contract. To this end, the customer can: a) use the model withdrawal form set out in Annex I, part B of c. cons., or b) submit any other explicit declaration of your decision to withdraw from the contract, for example, through the Sartoria Toscana email sartoriatoscana@gmail.com. or communication to the telephone number of Sartoria Toscana + 39 334 1820476 Pursuant to art. 54 paragraph 2, c. cons., The consumer has exercised his right of withdrawal within the withdrawal period referred to in article 52, paragraph 2, c. cons., and in article 53 c. cons., if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period. Pursuant to art. 54 paragraph 4, c. cons., the burden of proof relating to the exercise of the right of withdrawal in accordance with this article rests with the consumer.

Article 9
Effects of withdrawal
Given the art. 55 of the consumer code Pursuant to art. 55 paragraph 1, c. cons., the exercise of the right of withdrawal puts an end to the obligations of the parties: a) to perform the distance contract or contract negotiated away from commercial premises; or b) to conclude a distance or off-premises contract where an offer has been made by the consumer

Article 10
Obligations of the professional in the event of withdrawal
Given the art. 56 of the consumer code Pursuant to art. 56 paragraph 1 c. cons., Sartoria Toscana will refund all payments received from the customer. The costs due for the return of the goods will be charged to the customer both for returns from Italy and abroad. All payments will be returned without undue delay and in any case within fourteen days from the day on which Sartoria Toscana is informed of the consumer's decision to withdraw from the contract pursuant to article 54 c. cons. Sartoria Toscana will make the refund, using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise and on condition that he does not have to incur any costs as a result of the refund. In the event that the payment was made by means of bills of exchange, if these have not yet been presented for collection, they will have to be returned. Pursuant to art. 56 paragraph 3 c. cons., with the exception of the cases in which the professional has offered to collect the goods himself. With regard to sales contracts, Sartoria Toscana will withhold the refund until it has received the goods or until the customer has demonstrated that he has returned the goods, depending on which situation occurs first.

Article 11
Obligations of the consumer in the event of withdrawal
Given the art. 57 of the consumer code Pursuant to art. 57 paragraph 1 c. cons., unless Sartoria Toscana has offered to collect the goods himself, the customer returns the goods or delivers them to Sartoria Toscana or to a third party authorized by Sartoria Toscana to receive the goods, without undue delay and in any case within fourteen days from the date on which he communicated to the professional his decision to withdraw from the contract pursuant to article 54 c. cons. The deadline is met if the customer sends back the goods before the period of fourteen days has expired. Pursuant to art. 57 paragraph 2 c. cons., the customer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

Article 12
Effects of exercising the right of withdrawal on ancillary contracts
Having regard to article 58 of the consumer code Pursuant to article 58 paragraph 1 c. cons., without prejudice to the provisions of the legislative decree 13 August 2010, n. 141, and subsequent amendments, in the matter of consumer credit agreements, if the consumer exercises his right of withdrawal from a remote contract or contract concluded away from commercial premises in accordance with articles 52 to 57 c. cons., any ancillary contracts are terminated by law, without costs for the consumer, with the exception of those provided for by article 56, paragraph 2, and by article 57 c. cons.

Article 13
Exceptions to the right of withdrawal
Given the art. 59 of the consumer code Pursuant to art. 59 paragraph 1 c. cons. The right of withdrawal of the product will be excluded in the cases referred to in articles 52 to 58 c. cons., for distance contracts and contracts negotiated away from business premises when: c) the supply of the packaged goods will be measured and clearly personalised; d) the asset has deteriorated; e) the supply of the sealed good does not lend itself to being returned for hygienic reasons or connected to the protection of health and have been opened after delivery; the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of this visit, the trader provides services in addition to those specifically requested by the consumer or goods other than the spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies only exclusively to such additional services or goods; Pursuant to art. 59 no. 1-bis of c. cons. The exceptions to the right of withdrawal referred to in paragraph 1, letters c) and è), do not apply to contracts concluded in the context of unsolicited visits by a professional to a consumer's home or excursions organized by a professional with the purpose or with the effect of promoting or selling products to consumers. Pursuant to art. 59 no. 1-ter c. cons. In service contracts which impose the obligation on the consumer to pay when the consumer has specifically requested a visit from the professional for the purpose of carrying out repair work, the consumer loses the right of withdrawal after the service has been fully provided , provided that the execution began with the prior express consent of the consumer. The customer will lose the right of withdrawal if Sartoria Toscana ascertains that: the returned product is missing its external packaging and/or the original internal packaging, if the product is not intact in its entirety or in some parts. The product must not be used (for hygienic reasons), complete in all its parts, including the tags, failure to observe these principles makes the right of withdrawal inapplicable.

Article 14
Delivery
Given the art. 61. of the consumer code Pursuant to art. 61 paragraph 1 c. cons., unless otherwise agreed between the professional and the consumer of the sales contract, the professional is obliged to deliver the goods to the consumer without unjustified delay and at the latest within thirty days from the date of conclusion of the contract. Pursuant to art. 61 paragraph 2 c. cons., the delivery obligation is fulfilled by transferring the material availability or in any case control of the goods to the customer. Pursuant to art. 61 paragraph 3 c. cons., if the professional fails to fulfill the obligation to deliver the goods within the agreed term or within the term referred to in paragraph 1 of art. 61 c. cons., equal to thirty days, the consumer invites him to carry out the delivery within an additional term appropriate to the circumstances. If the additional term thus granted expires without the goods having been delivered, the consumer is entitled to terminate the contract, without prejudice to the right to compensation for damages. Pursuant to art. 61 paragraph 4 c. cons., the consumer is not burdened by the burden of granting the professional the additional term referred to in paragraph 3 of the art. 61 c. cons., if: a) the professional has expressly refused to deliver the goods, or; b) if compliance with the deadline agreed by the parties for the delivery of the goods must be considered essential, taking into account all the circumstances that accompanied the conclusion of the contract, or; c) if the consumer has informed the trader, before concluding the contract, that delivery by or on a given date is essential. Pursuant to art. 61 paragraph 5 c. cons., in the cases provided for by paragraph 4 of the art. 61 c. cons., if the consumer does not receive the goods within the term agreed with the professional or within the term referred to in paragraph 1 of art. 61 c. cons., the consumer is entitled to immediately terminate the contract, without prejudice to the right to compensation for damages. Pursuant to art. 61 paragraph 6 c. cons., in the event of termination put in place by the consumer pursuant to paragraphs 3 and 5 c. cons., the professional is required to reimburse him without undue delay all sums paid in execution of the contract. Pursuant to art. 61 paragraph 7 c. cons., without prejudice to the possibility for the consumer to assert the rights referred to in Chapter XIV of Title II of Book IV of the Civil Code.

Article 15
Passing of risk
Given the art. 63 of the consumer code Pursuant to art. 63 paragraph 1 c. cons., in contracts which impose on the professional the obligation to arrange for the shipment of the goods, the risk of loss or damage to the goods, for reasons not attributable to the seller, the risk is transferred to the customer only when the latter last, or a third party designated by him and other than the carrier, materially takes possession of the goods. Pursuant to art. 63 paragraph 2 c. cons., the risk is already transferred to the consumer upon delivery of the goods to the carrier if the latter has been chosen by the consumer and this choice has not been proposed by the professional, without prejudice to the rights of the consumer against the carrier.

Article 16
About Warranties (Seller's Liability)
Given the art. 133 of the consumer code Pursuant to art. 133 paragraph 1 c. cons., Sartoria Toscana is liable to the consumer for any lack of conformity existing at the time of delivery of the goods performed pursuant to article 61 c. cons. and that it manifests itself within two years from that moment. Without prejudice to the provisions of article 130, paragraph 2 c. cons., the consumer pursuant to art. 133 paragraph 1 c. cons., will be entitled to a two-year guarantee.

Article 17
Burden of proof
Having regard to article 135 of the consumer code
Pursuant to art. 135 paragraph 1 c. cons., unless proven otherwise, it is assumed that any lack of conformity that occurs within a year from the moment the goods were delivered already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.

Article 18
Remedies
Given the art. 135 bis of the consumer code Pursuant to art. 135 bis paragraph 1 c. cons., in case of lack of conformity of the goods, the consumer has the right to restore conformity, or to receive a proportional reduction in the price, or to terminate the contract on the basis of the conditions established in the following paragraphs. Pursuant to art. 135 bis paragraph 2 c. cons., for the purpose of restoring the conformity of the goods, the customer may choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on Sartoria Toscana, taking into account all the circumstances and , in particular, of the following: a) the value that the goods would have in the absence of the lack of conformity; b) the extent of the lack of conformity; and c) the possibility of using the alternative remedy without significant inconvenience for the consumer. Pursuant to art. 135 bis paragraph 3 c. cons., the seller may refuse to bring the goods into conformity if repair and replacement are impossible or if the costs that the seller would have to bear are disproportionate, taking into account all the circumstances, including those referred to in paragraph 2, letters a) and b) of the art. 135 bis c. cons. Pursuant to art. 135 bis paragraph 4 c. cons., The consumer has the right to a proportional reduction in the price or to the termination of the sales contract pursuant to article 135-quater c. cons., in the event that: a) the seller has not carried out the repair or replacement or has not carried out the repair or replacement, where possible, pursuant to article 135-ter, paragraphs 1, 2 and 3 c. cons. b) a lack of conformity occurs, despite the seller's attempt to restore the conformity of the goods; c) the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract; or d) the seller has declared or it is clear from the circumstances that he will not proceed to restore the conformity of the goods within a reasonable period or without significant inconvenience for the consumer. Pursuant to art. 135 bis paragraph 5 c. cons., the customer does not have the right to terminate the contract if the lack of conformity is only minor. The burden of proof of the minor defect lies with the seller.

Article 19
Repair and replacement
Given the art. 135 ter of the consumer code Pursuant to art. 135 ter., paragraph 1 c. cons., the repair or replacement shall be carried out: a) free of charge; b) within a reasonable period of time equal to 30 working days from the moment in which the seller was informed by the consumer of the lack of conformity; c) without significant inconvenience for the consumer, taking into account the nature of the good and the purpose for which the consumer wanted the good. Pursuant to art. 135 ter., paragraph 2 c. cons., if the lack of conformity has to be remedied by repairing or replacing the goods, the consumer must make them available to the seller. The seller takes back the replaced goods at his own expense

Article 20
Price reduction and termination of the contract
Given the art. 135 quater of the consumer code Pursuant to art. 135 quater paragraph 1, c. cons., the price reduction is proportional to the decrease in value of the goods received by the consumer compared to the value it would have had if it had been compliant. Pursuant to art. 135 quater paragraph 2, c. cons., the customer exercises the right to terminate the sales contract by means of a direct declaration to the seller containing the manifestation of willingness to terminate the sales contract. Pursuant to art. 135 quater paragraph 3 c. cons., if the lack of conformity concerns only some of the goods delivered pursuant to the sales contract and there is a cause for termination of the sales contract pursuant to article 135-bis c. cons., the consumer can terminate the contract limited to non-conforming goods and those purchased together with the non-conforming goods, if the existence of an interest of the consumer in keeping the goods free from defects is not reasonably presumable. Pursuant to art. 135 quater paragraph 4 c. cons., if the consumer completely terminates the sales contract or, in accordance with paragraph 3 of art. 135c c. cons., limited to some of the goods delivered under the sales contract: a) the consumer returns the goods to the seller, at the latter's expense, and b) the seller refunds the consumer the price paid for the goods upon receipt of the goods or of the evidence provided by the consumer in order to have returned or sent the goods.