1. INTELLECTUAL PROPERTY
The “Borgo Tessile” brand, like all other brands, whether figurative or not, and all other distinctive signs, company names, service marks, commercial names and denominations, illustrations, images, logos, registered and unregistered designs, rights of The author and patents (intellectual property), reproduced on our products, on the e-commerce site, on accessories and packaging, whether registered or not, are and remain the exclusive property of Home Concept Srl. Any reproduction, even partial, as well as any modification or use of intellectual property, for any reason and in any form, without our prior express written authorization, are absolutely prohibited, as is also prohibited any combination or use in conjunction with any other trademark, sign, logo and more generally any other distinctive sign capable of forming a complex sign.
2. NAME OF THE SITE AND OWNERSHIP
These General Conditions of Sale ("General Conditions of Sale" or, alternatively, "CGV") govern the offer and sale of Products distributed via the website www.borgotessile.com ("Site") by HOME CONCEPT Srl Via Monte Bianco n. 25 - 05015 Fabro (TR) VAT number and Fiscal Code. 12420061009.
Scope of application of the GCS
2.1 The offer and sale of the Products on the Site constitute a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
2.2 These General Conditions of Sale apply to all contracts concluded with Home Concept on the Site.
2.3 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site in the "General Conditions of Sale" section. Users are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
2.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
2.5 These General Conditions of Sale do not regulate the sale of products by parties other than Home Concept who are present on the Site via links, banners or other hyperlinks.
Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale.
2.6 The user is required to carefully read these General Conditions of Sale, which HOME CONCEPT Srl makes available to him in the "General Conditions of Sale" section of the Site and which he is permitted to store and reproduce, as well as all other information that HOME CONCEPT provides on the Site, both before and during the purchase procedure.
3. PURCHASES ON THE SITE
3.1 Purchasing, pursuant to clause 4 below, is permitted both to users who have the status of consumers and to users who do not have this status. The purchase is permitted to natural persons only on the condition that they are at least eighteen years of age.
3.2 Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, please note that consumers are natural persons who, in relation to the purchase of the Products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.
3.3 HOME CONCEPT reserves the right to refuse or cancel orders that come (i) from a user with whom it has an ongoing legal dispute; (ii) by a user who has previously violated these GCS and/or the conditions and/or terms of the purchase contract with HOME CONCEPT; (iii) by a user who has been involved in fraud of any kind and, in particular, in fraud relating to credit card payments; (iv) from users who have provided false, incomplete or otherwise inaccurate identification data or who have not promptly sent HOME CONCEPT the documents requested by the same or who have sent invalid documents.
4. REGISTRATION ON THE SITE
4.1 Registration on the Site is free. To register on the Site, the user must complete the appropriate form, entering name, surname, address, place and date of birth, telephone number, an e-mail address and a password and click on the [Send] button.
Registration on the Site, by opening a personal account, allows the registered user ("Registered User") to:
- save and modify your data;
- access all information relating to orders and returns;
- follow the status of the order;
- manage your personal data and update them at any time;
- express consent to the processing of your personal data for the sending of newsletters by Home Concept srl.
4.2 Registration credentials (email address and password) must be kept with extreme care and attention. They can only be used by the user and cannot be transferred to third parties. The user undertakes to keep them secret and to ensure that no third party has access to them. He also undertakes to immediately inform Home Concept by contacting her via email at ecommerce@borgotessile.com or by telephone at no. 0763 831380., in the event that you suspect or become aware of an improper use or improper disclosure of the same.
4.3 The Registered User guarantees that the personal information provided during the registration procedure on the Site is complete and truthful and undertakes to keep Home Concept Srl harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials.
5. CANCEL OR MODIFY AN ORDER
To modify or cancel an order it is necessary to contact HOME CONCEPT no later than 24 hours after sending the order, via email to ecommerce@borgotessile.com or by telephone at +39 0763 831380 ALWAYS indicating the reference order number.
6. INFORMATION ON ORDER STATUS AND SHIPPING
At the time of shipment, the User will receive the shipping number at the email address indicated during the order process, through which they can track their purchases on the courier's website or via the courier's call centre.
7. INFORMATION ON INVOICES, BANK TRANSFERS, REQUEST COPIES OF DOCUMENTS AND CHANGES TO PERSONAL DATA
To request copies of tax documents and/or personal data changes, the User must contact Home Concept by email at ecommerce@borgotessile.com or by telephone at +39 0763 831380, remembering to ALWAYS indicate the type and number of document for which requires copying and/or correction.
8. PAYMENT METHODS
Purchases made on serafinishop.com are safe and guaranteed and payment can be made using one of the following methods:
- Payment by advance bank transfer
- Payment by credit card.
- Payment with Paypal system
- Cash on delivery (only for Italian customers) at an additional cost of €5
8.1 Payment by advance bank transfer
In case of payment by advance bank transfer, the order will be managed only after confirmation of crediting of the entire amount.
Payment must be made within 5 working days from the order date. For correct and fast management of the order, the Customer must indicate the order number, date, name and surname of the Customer in the reference.
After this deadline the order will be automatically cancelled.
The availability of the chosen product will be assessed at the time of accreditation.
The bank transfer must be made out to:
HOME CONCEPT Srl Via Monte Bianco n. 25 – 05015 Fabro (TR)
IBAN: IT 87 E 03069 71492 100000000324
SWIFT code: BCITITMM
8.2 Payment by credit card
Where the User chooses to pay by credit card, the relevant payment gateway will authorize the debit of the amount relating to the purchase made. In case of cancellation, HOME CONCEPT SRL will request the cancellation of the transaction and the reversal of the committed amount.
The release times depend exclusively on the payment gateway. Once the transaction has been canceled, HOME CONCEPT cannot under any circumstances be held responsible for delays and/or damages caused by the payment gateway.
HOME CONCEPT reserves the right to request from the User additional information or to send copies of documents demonstrating ownership of the card used.
In case of refusal, HOME CONCEPT reserves the right not to accept the conclusion of the contract. At no time during the purchase procedure by credit card is HOME CONCEPT able to know personal information relating to the card holder, given that the information is transmitted directly to the payment gateway that manages the transaction.
8.3 Payment with PAY PAL
By selecting the PayPal payment type, the User will be redirected to a page on the PayPal website and payment will be made according to the methods indicated therein.
The information provided on the PayPal site will not be shared with HOME CONCEPT but will be managed directly by the same.
In case of cancellation of the order or non-acceptance by HOME CONCEPT, the amount will be refunded to the PayPal account.
HOME CONCEPT will not be in any way responsible for delays and/or damages caused in this phase.
9. SHIPPING AND COSTS
The shipping cost is free in Italy for orders over €100.00. In other European countries there is a flat rate.
Any customs charges are not included in the item price or shipping charges. These costs are the responsibility of the buyer and must be paid to the courier.
10. DELIVERY TIMES AND METHODS
Orders will be managed by HOME CONCEPT Srl from Monday to Friday from 9:00 to 12:00. Orders placed after 12:00 and during the weekend will be handled from the first following non-holiday day.
In the case of a first order, HOME CONCEPT reserves the right to ask its bank to contact the customer's banking institution for payment approval. This request may cause a small delay in the delivery of your first order.
Average times:
Italy - Standard 3-6 working days - Express 1-2 working days
Europe - Standard 3-7 working days - Express 2 working days
Extra Eu- Standard 3-8 working days
In any case, the delivery date is merely indicative and is in no way binding for HOME CONCEPT.
10.1 With the confirmation of the purchase by the customer, a commercial relationship is concluded which obliges the customer to collect the goods upon delivery. If for any reason the customer does not collect the goods, shipping and storage costs will be charged to the customer and deducted from any refund from HOME CONCEPT.
10.2 The courier in charge will request, upon delivery of the package, the signature of the recipient or his representative as proof of delivery. It is possible to make requests to change any information necessary for the delivery of the order either through the HOME CONCEPT Customer Service or directly to the appointed courier. If the recipient, or whoever takes his place, agrees directly with the courier in charge for a delivery of the goods without affixing his signature, HOME CONCEPT will not be held responsible for any shortcomings and no claims can be made against the company.
11. STATUS OF THE ORDER
We remind customers that they can check the status of their order by sending an email to ecommerce@borgotessile.com, or by calling Customer Service indicating their name and order number.
It is not possible to cancel or modify an order that is already in a “shipped” status.
12. RIGHT OF WITHDRAWAL
The right of withdrawal is regulated by current legislation art. 64 Consumer Code as amended by LEGISLATIVE DECREE 21 February 2014, n. 21.
The User who qualifies as a Consumer referred to in point 3.2 has the right to withdraw from the contract for any reason and without any penalty within 14 days from the day of delivery of the order and without having to incur costs other than those provided for in article 56 , paragraph 2, and article 57 of the aforementioned decree.
Please note: Those who purchase with a VAT number cannot exercise the right of withdrawal.
13. RETURNS AND REFUNDS
You can request a return for all items on sale, except customized models, for an exchange or refund.
You can request a return by clicking on the "Request a Return" item present on all pages at the bottom of the site.
Once the return is approved by Home Concept Sr,l., you will receive an email with all the information to return the product.
Home Concept Srl reserves the right to refuse the return or to request additional information, photos or other elements on the product to be returned, before accepting such return.
The goods must be returned within 14 days of shipping the order.
Refunds will be managed once the return sent by you has been received and accepted. We inform our customers that, in case of returning the order, the costs of customs duties and other taxes relating to the return shipment will be deducted from the refund. However, in the event of a change, these costs will be borne by Home Concept.
For orders paid by credit card or Pay Pal, the payment will be reversed with consequent credit back to your bank account.
If the order was paid by cash on delivery, it will be necessary for you to communicate your bank details to which it will be possible to make the transfer of the amount to be refunded.
The times for any refunds may change from bank to bank, therefore they do not depend on the activity of Home Concept Srl (generally the re-credit is done within 7 days of receiving the return).
14. EXPIRY OF THE RIGHT OF WITHDRAWAL
The User forfeits the right of withdrawal and the consequent right to reimbursement in the event that HOME CONCEPT ascertains the existence of even just one of the following conditions:
- Even partial use of the goods and any consumables;
- Lack of external packaging and/or original internal packaging;
- Absence of product components (accessories);
- Damage to the product for reasons other than its transport
In the cases indicated above, HOME CONCEPT will return the goods to the User, charging the shipping costs.
15. APPLICABLE LAW
15.1 The purchase contract concluded on the Site is governed by Italian law.
15.2 Without prejudice to the application to consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for the exercise of the right of withdrawal, the deadline for returning the Products, in case of exercise of this right, the methods and formalities of the communication of the same and the legal guarantee of conformity.
15.3 Please remember that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the user resides or has chosen domicile is competent. In the case of a non-consumer user, the Court of Terni has exclusive jurisdiction for any dispute relating to the application, execution and interpretation of these General Conditions of Sale.
15.4 The user who resides in a member state of the European Union other than Italy can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for disputes of small entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu.
16. NOTICE TO CONSUMERS - Online Dispute Resolution (ODR)
In compliance with the provisions of the art. 14 of EU Regulation 524/2013/EU, the consumer user is informed that, as an alternative to the judicial dispute, both the consumer and Home Concept Srl will be able to make use of the alternative solution to online disputes by submitting a complaint through the platform established by the European Commission.
This tool can be used by European consumers to resolve non-judicial disputes relating to and/or deriving from contracts for the sale of goods and services stipulated online.
The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
HOME CONCEPT Srl will be contactable by the organization at the following address:
ecommerce@borgotessile.com
For any clarification in this regard you can contact us at the email address published in this document.
17. SUGGESTIONS/REPORTS/COMPLAINTS
For any suggestions, complaints and/or reports you can write to ecommerce@borgotessile.com
18. CONTACTS
EMAIL: ecommerce@borgotessile.com
TEL: 0763 831380
REGISTERED OFFICE: Via Monte Bianco n. 25, 05015 – Fabro (TR)
VAT number and Fiscal Code. 12420061009
Last update 02/19/2020