Terms & Conditions
The following General Conditions of Sale, shall be valid for the year 2018 and up to their modification, in regards to the supplying of the products of Tenet Unique Ltd. and its customers. The regulations contained in article 45 of the Legislative Decree 206/2005 (so-called Consumer Code) and Legislative Decree no. 70/2003 shall be used in case something has not been expressly provided for in these General Conditions of Sale.
- For the purposes of this General Conditions of Sale, we mean (in alphabetical order):
Customer: any natural person, who is 18 (eighteen) years old, registered on the Website, who purchases the products for purposes unrelated to their business, commercial, craft or professional activity, which may be qualified as a consumer pursuant to for the effects of the Consumer Code;
Contract: the single Supply report accepted with the order confirmation and regulated by the particular conditions indicated therein and by the following General Conditions of Sale;
Parties: the customer and Tenet Unique, jointly;
Product/s: the garments, parts of them or the individual accessories that complete it, marketed by Tenet Unique through its site;
Website: the website www.tenetunique.com;
Tenet Unique: the company Tenet Unique Ltd. VAT number 03756500132, with headquarters in Lomazzo (CO), Via Santa Tecla n 4, in the person legal representative pro tempore,certified mail P.E.C. firstname.lastname@example.org, mail email@example.com.
User: any individual, not registered, that navigates the site.
ENROLLMENT ON THE SITE
- To make purchases, create customizable products, check the status of the orders submitted, consult your purchase history, invoices relating to purchases made, the customer must create a personal account on the Site.
- The website automatically proceeds with the creation of a personal account related to the individual customer and connects to the email address entered when filling in the fields related to billing and order submission. At the time of submitting the first order, the site sends the customer an email confirming the registration, together with a temporary password, which the customer must modify upon first access.
- The methods of processing the data necessary for registration, as well as the purposes of the same, are contained in the Privacy Notice published on the website
SUBJECT & CONCLUSION OF THE CONTRACT
- Through its website, Tenet Unique sells its products to customers, which are already remotely available on the Website, and are created by the customer on the basis of their specific preferences.
- To proceed with the purchase, the customer selects the product, inserting them in the appropriate virtual “cart”, whose content can always be viewed before proceeding with the order.
- Products can be purchased, pre-configured by Tenet Unique or customized in the choice of the colors of the single parts they contain, only in their entire composition (top, middle, bottom).
- The products are faithfully represented by high-definition photographic images that accompany the description; however, the color on the screen may differ slightly from reality due to the type of monitor used and the settings of the same.
- Before concluding the order and sending it to Tenet Unique, the customer is required to verify the characteristics of the selected product and inserted in their “shopping cart”, as well as all the data indicated on the purchase summary page, before proceeding with the payment.
- The purchase order sent by the customer through the website is a mere purchase offer; the contract must be considered concluded at the time of transmission by Tenet Unique of the order confirmation, summarizing all the conditions of the sale (price of the goods purchased, shipping costs, delivery address), containing the reference order number and a copy of these General Conditions, already accepted by the customer at the time of placing the order, that the latter has the burden of downloading and archiving.
PRODUCT QUALITY AND USE
- Tenet Unique’s products are made using artisanal processes applied to innovative materials. Any small imperfections, depressions and ripples of the surface are a specific feature of the product and testify to its special manual manufacture.
- Given the delicacy of the product, the customer’s usage must therefore be appropriate to the type of manufacture and take special care of it.
- The availability of a product, indicated on the website, refers to its actual availability, in real time, at the Tenet Unique warehouse when the customer places an order. This availability must however be considered indicative because, due to the potential simultaneous presence on the site of several subjects, the products could be sold to another customer before the effective transmission of the single order.
- In the event that a product, present in the Tenet Unique catalog, cannot be purchased at the time of access, the site will propose its “pre-order”, using a special button. The preorder will be treated in the same way as a customized item in terms of timing for its realization and delivery (see article 8.3).
- The processing of orders and the sending of order confirmations to customers is carried out by Tenet Unique on the basis of the priority of requests received through the website.
COST OF PRODUCT & SHIPPING
- All sale prices of the Products indicated on the website are expressed in Euros, inclusive of VAT taxes and any other taxes charged to the customer.
- Shipping costs are not included in the price of the products, but are calculated and indicated by the site before the conclusion of the purchase process and payment.
- Upon fulfillment of the order, Tenet Unique will issue a tax receipt for the goods shipped, which will indicate, in particular, the individual prices of the products purchased and the costs related to the delivery.
METHODS OF PAYMENT
- LThe methods of payment accepted by Tenet Unique are: credit card (for example: VISA, MasterCard, American Express and Postepay) and PayPal.
- All transactions will take place through a protected circuit. The specific technical and economic conditions relating to payment transactions, crediting and/or reimbursement are governed by the Pay Plug and PayPal payment terms and conditions, which should be referred to for further details.
- Tenet Unique does not process any data relating to the credit card used by the customer, or related to its access codes to the PayPal account. This information is collected directly from the chosen payment system.
METHODS & DELIVERY TIME
- Products are shipped by courier; delivery times are indicated by Tenet Unique when confirming the order to the customer, and vary depending on the chosen product, the place of delivery, the availability of the product at the Tenet Unique warehouse.
- In any case, the order will be processed no later than 15 (fifteen) working days from the sending of the order confirmation to the customer.
- In the case of personalized garments or pre-ordered items, Tenet Unique reserves an additional 30 (thirty) working days to complete the product. In case of technical difficulties or procurement of the materials to be used, Tenet Unique will promptly contact the customer, who will have the right to cancel the order within 5 (five) days from receipt of the communication.
- At the time of delivery of the order to the courier, Tenet Unique and /or the courier company will send a communication to the customer to the e-mail address indicated during registration. Tenet Unique will update the status of the order on the customer’s personal account indicating the exact moment in which the package has been picked up by the courier.
- Tenet Unique assures the packing of the orders with a special guarantee tape, to prevent the opening and to alert the customer if the tape is damaged or any attempts to tamper with it have been made. The customer undertakes to verify, at the time of delivery, that such tape is perfectly intact and, in general, that the package is closed and not damaged.
- In the case of evident signs of tampering, the customer must report this fact to the courier when the delivery has been made, accepting the package with a specific reservation to verify the content. Otherwise, the delivery will be considered regularly carried out and no exceptions can be subsequently raised by the customer.
- In case of acceptance of the package with reservation, and of effective verification by the customer of the presence of damage caused to the product, the procedure that will be applied are shown in the following points 10.2 – 10.5.
RIGHT OF WITHDRAWAL
- The Customer is granted the right to withdraw from the contract, without any penalty and without having to specify the reason (so-called right of reconsideration), within 14 days from the delivery date of the products purchased. In the case of more products ordered by the customer through a single order but delivered separately, the term from which the right of withdrawal can be exercised runs from the day on which the last product was delivered.
- To avail the right of withdrawal, the customer may: use the appropriate form available here, or make any statement from which it expressly emerges the desire to withdraw from the contract. The form, completely filled out, or the declaration, must be sent by registered mail to the following address: Tenet Unique Ltd., Via Santa Tecla n. 4, 20122 Milano (MI), or by certified mail at firstname.lastname@example.org.
- The customer is obliged to return the products for which he/she expressed the right of withdrawal within 14 (fourteen) days from the date communicating withdrawal from the contract.
- The costs and risks associated with the return are charged to the customer.
- The products must be returned to Tenet Unique intact, undamaged or dirty, packed in their original packaging and complete in all their parts (price tag, washing instructions, packaging material) including the original tax and shipping documentation and shipped to the following address: Tenet Unique Ltd., Via Santa Tecla n. 4, 20122 Milano (MI)
- Once the goods have been received, Tenet Unique shall check the integrity of the product and the completeness of the attached documentation. If the goods do not comply with the provisions of article 9.5, Tenet Unique reserves the right not to reimburse the returned products or to make a refund less than the price paid by the customer at the time of purchase, in proportion to the decrease in value of the products resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the products themselves. Otherwise, the refund of the price of the product, for which the right of withdrawal has been exercised, will be credited to the customer directly on the card or payment instrument used by him/her during the payment, within 14 (fourteen) days from receiving the goods.
- Withdrawal is not allowed in the case of customized products.
LEGAL GUARANTEE OF COMPLIANCE
- Except and without prejudice to the provisions of articles 3.4 and 4 above, Tenet Unique guarantees to the customer that the products sold through the website are free from defects, and comply with the descriptions published on the website.
- In any case, the customer has the duty to examine the received product as soon as possible and, under penalty of forfeiture of this warranty, to report any defects and non-compliance no later than 2 (two) months after their discovery, by contacting the Customer Service of Tenet Unique, by e-mail at email@example.com:
- indicating the precise order number, the defect and/or the non-compliance found;
- attaching suitable photographic documentation;
- informing if they wish to request a substitution or a repair.
- Tenet Unique will briefly evaluate the customer’s report and, in the case of a positive outcome, will inform how to return the product for repair or – in case of explicit request by the customer or excessive cost of repair – for its replacement
- Once the product has been received, Tenet Unique will thoroughly evaluate the defects and /or discrepancies reported by the customer. In case of confirmation of the evaluation carried out in accordance with the previous paragraph, Tenet Unique will proceed in repairing or replacing the product. If, however, as a result of said assessment, the products are not covered by the legal guarantee of conformity, it will be returned to the customer, at the latter’s expense.
- o Tenet Unique shall return the repaired product or send to the Customer a new product, replacing the defective product, within 45 (forty-five) days from receipt of the defective product, providing for its shipment, at its own expense.
- The warranty will no longer be valid in case of the incorrect use of the product, which does not conform to the specifications indicated on the label and of washing that does not comply with the instructions/warnings given in the referenced illustrative documentation, on the tags and/or on the labels is excluded.
- In any case, the following do not constitute conformity defects:
- alterations of the product, caused by its normal use by the customer;
- any small imperfections, determined by the craftsmanship process of the product.
FORTIFIED CASE & FORCE MAJEURE
- Tenet Unique is not responsible for disservices and/or defaults attributable to force majeure or unforeseeable circumstances, even if they are due to malfunctions and disruptions of the internet, which do not allow orders to be processed as scheduled by the General conditions of Sale.
CHANGES OF THESE GENERAL CONDITIONS
- These General Conditions of Sale will always be available online to all customers and users, and can be found on the specific page of the website.
- Tenet Unique reserves the right to modify, at any time and at its own unquestionable judgment, these General Conditions of Sale. When changes occur, Tenet Unique will inform the customer upon the first access to the site that he/she will make, following the publication of the changes.
- Any changes made to these General Conditions of Sale will be effective from the date of their publication on the site and will only apply to sales concluded from that moment.
- All further requests for information and assistance can be sent to Tenet Unique by writing to firstname.lastname@example.org
- The possible invalidity or ineffectiveness of one or more clauses of these General Conditions of Sale, for whatever reason, does not determine the invalidity or ineffectiveness of the whole document.
LINGUA UFFICIALE E TRADUZIONI
- The official language used by Tenet Unique is Italian.
- In the event that these General Conditions of Sale, the pages of the site or a part of it including those relating to the purchase procedure of the products, are translated into another language, and there are inconsistencies between the Italian version and its translation the meaning of the Italian version will prevail.
APPLICABLE LAW & JURISDICTION
- These General Conditions of Sale and the individual supplies provided to the customer are subject to Italian law.
- For any controversy that may arise in relation to these General Conditions of Sale and/or the individual supplies, the customer may activate a procedure for out-of-court resolution of disputes, in accordance with the requirements set forth in articles. 141 and ss. of the Consumer Code, a mediation procedure pursuant to Legislative Decree no. 28/2010, or use the conciliation procedure envisaged by the European Commission in the site https://webgate.ec.europa.eu/odr.
- Any dispute that does not find a solution pursuant to paragraph 17.2 will be submitted to the non-exclusive jurisdiction of the Court of Como. In the event that the customer resides or has his/hers domicile in a Member State of the European Union, he/she has the right to appeal to the courts of the aforementioned State.