Syrtaria l’Arte del Cucito – Terms and Conditions August 26, 2024
GENERAL TERMS AND CONDITIONS OF SALE
SYRTARIA L’ARTE DEL CUCITO
1. Introduction
The above document presents the Terms and Conditions that regulate the use of this website www.syrtaria.com and apply to this website and the purchase of items contained therein. This document represents the “electronic contract” and is stipulated between the seller and the buyer each time the latter places an order. This contract establishes the rights and obligations of the parties, responsibilities and commitments of the seller and the buyer. We invite you to read this document carefully.
1.1 Definitions
- References in this document to the words “we”, “our”, “seller”, “the company”, “owner” or “website owner” means the company SYRTARIA L'ARTE DEL CUCITO SAS DI MARIA SCHEMBARI E C.
References in this document to the words “you”, “your”, “her”, “customer”, “buyer” or “user” mean the person viewing the website and/or purchasing the Products.
References in this document to the words “products”, “product”, “articles”, “article” indicate the goods or services offered for sale on the website.
References in this document to the words “Content”, “Contents” mean ideas, concepts, text, messages and other content on the Website.
References in this document to the words “electronic submission” “in writing” or “communicating with the website owner electronically” or “communicating in written form” mean e-mail or mail.
2. Constraint
By accessing or otherwise using this website and/or placing orders through it, you agree to be bound by these Terms and Conditions set out below. Mere use of this website implies knowledge and acceptance of these Terms and Conditions. In some special cases, we may also ask you to explicitly consent.
3. Electronic communication
By using this website or communicating with the website owner electronically, you agree and acknowledge that we may communicate electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications be in writing.
4. Intellectual Property
The Owner or its licensors own and control all copyright and other intellectual property rights in the Website and the data, information and other resources displayed or accessible within the Website.
4.1 All rights reserved
Unless the specific content dictates otherwise, you are not granted
a license or any other right under copyright, trademark, patent or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, incorporate into any electronic media, alter, decompile, transfer, download, transmit, monetize, sell or commercialize any resource of this website in any form, without the prior written permission of the owner, except and only to the extent that it is otherwise provided in mandatory legal regulations (such as the right to quote).
5. Newsletter
Notwithstanding the above, you may forward our newsletter electronically to other persons who may be interested in visiting the aforementioned website.
6. Third Party Property
The Website may include hyperlinks or other references to other parties' websites. The Website Owner does not control or review the content of other parties' websites that are linked to this Website. Products or services offered by other websites are subject to the applicable Terms and Conditions of these third parties. Opinions expressed or material appearing on these websites are not necessarily shared or endorsed by us. We will not be responsible for the privacy practices or content of these sites. You bear all risks associated with the use of these websites and any linked third party services. We will not accept any liability for any loss or damage howsoever caused, resulting from your disclosure of personal information to third parties.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional agreements with us, and applicable laws and regulations, as well as generally accepted online practices and industry guidelines. You may not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing; or conduct any systematic or automated data collection activities on
or in relation to our website. You are strictly prohibited from engaging in any activity that causes, or may cause, damage to the website or interferes with the performance, availability or accessibility of the website.
8. Use of the website and online purchases on the same
By accessing our website you agree to use the website only to make legally valid inquiries or orders. You may not place false orders and if we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to
cancel it and, if necessary, inform the competent authorities.
The data entered for any communications and/or orders must be correct and truthful and will be used to put us in contact with the buyer. If you do not provide us with all the information we need, we will not be able to follow up on your order.
By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into a valid and effective sales contract.
The products sold on this website are in most cases unique pieces, therefore the colors, shapes, textures of the fabrics of the products supplied may not be perfectly identical to the photos on the site. Not using industrial machines and mass production, each individual product will have its own peculiarity to be understood as uniqueness. The graphic representation of the products is purely indicative, created for the sole purpose of illustrating the product and its characteristics.
During the purchase phase, the website provides a guided procedure that at any time allows the customer to verify, modify and then validate any information entered and to correct errors before sending the Order.
8.1 Conclusion of the contract
By placing an order on this website the user declares to act exclusively for private purposes, it is a B2C sale, that is the sale of goods intended for consumers who purchase for purposes other than work.
At the time of purchase, the site provides a guided procedure that at any time allows the customer to verify, modify and then validate any information entered and to correct errors before sending the Order. The contract is stipulated with us and the user and comes into force by concluding the purchase - by clicking on PLACE ORDER - and upon receipt of the Order Confirmation by email. If the customer purchases multiple products and one of these is not available, only the products indicated in the Shipping Confirmation will be the subject of the Contract.
8.2 Product Features and Availability
In the sheet of each product it will be possible to view in detail all the relevant information relating to the product itself. It will be possible to select, if available, quantity, color and/or size. By selecting the “Add to cart” button the product will be added to the cart, which can be modified up until the moment before the purchase. In reference to the choice of size the customer can use the size guide made available on our site and/or on the page of the single product with relative correspondence with other foreign sizes.
At any time the user can verify, modify and validate any information entered and correct errors before proceeding with the purchase.
We reserve the right to remove any product from this website at any time and/or to delete or edit any materials and/or content thereon. All orders for products are subject to their availability. In this sense, if they are no longer in stock at the time of the order, the seller will immediately inform the customer via email and will refund any amounts already paid.
If the purchased product states “Available to order / x available (orderable)” the product will have to be made ad hoc, which means that it will take working days for production. The user will be updated by email with specific details and any changes that may occur (generally the timing varies from 3 to 7 working days). The times indicated are to be considered entirely indicative and dependent on the workload and the period in which the order is placed and do not in any way represent a valid reason for withdrawing from the order.
8.3 Customized products and “on commission”
Customized and “on commission” products are products made ad hoc according to the customer's requests and/or products made according to the customer's specifications different from those proposed on this website. In this case, the production times are those that the seller will indicate via email in the Order Confirmation. Since these are products made entirely by hand and not in series, the times indicated in the Order Confirmation are the technical times necessary for the production and realization of the requested product. The times indicated are to be considered entirely indicative and dependent on the workload and the period in which the order is placed and do not in any way represent a valid reason for withdrawing from the order.
8.4 Refusal to process an Order
We reserve the right to refuse or cancel orders generated by third-party automated programs or services and if we have reasonable grounds to believe that an unreliable order has been placed. If we are not provided with all the information we need, specified at the time of ordering, we will not be able to follow up on the order.
9. Delivery
Except in extraordinary cases, which do not depend on our company and for which we have no power, the delivery date and the shipment status will be indicated in the shipment tracking sent by email.
Please note that the shipping days indicated are working days, excluding public holidays and national holidays that vary from state to state. For international shipments, shipping times will not include those necessary to complete customs formalities, reserved for the competent offices. Tracking will follow to monitor the shipment. The day on which the User or a third party - appointed by the User and other than the courier - takes possession of the goods, the order will be considered delivered. Delivery will be proven by receipt at the agreed shipping address.
10. Transfer of risk and ownership of the Products
The risks relating to the products will pass to the user from the moment of their delivery. The user will acquire ownership of the products as soon as the seller has received full payment of all amounts due, including shipping costs.
11. Price
The price of the products will be indicated in € (Euro) currency. All prices include VAT. Shipping costs, if applicable, will be specified on the cart page, once the shipping destination has been entered and will be added to the total amount to be paid.
In the case of international shipments, any taxes, duties, duties and other charges provided for by the laws of the State where the Products are shipped and delivered will be entirely borne by the Customers and paid by them upon delivery of our products/creations, directly to the competent tax or customs authorities or to the courier responsible for delivery.
Prices may change at any time without notice, however changes will not affect orders for which an Order Confirmation has been sent.
12. Payment
The user can make the payment via GPay, with Visa, Mastercard, American Express credit cards (and all major customer credit and debit cards accepted by Stripe) via the Stripe platform, PayPal and Bank Transfer. To reduce the risk of unauthorized access, the card data will be encrypted. If the payment is made by Bank Transfer, the order will remain pending for 5 days after which, in the absence of payment, it will be automatically cancelled with consequent termination of the Contract.
Payments by credit card will be subject to verification and authorization by the issuer of the same, but if such entity does not authorize the payment, we will not be responsible for any delay or failure to deliver and we will not be able to complete any Contract. During the purchase process, before finalizing the payment, in accordance with the general conditions of purchase, the user will be able to modify the details of the order. The order, once purchased, cannot be modified.
The order can be cancelled, by formal request via email, and the request can be accepted only if the order has not been processed. In this case, a refund will follow, if applicable, in the same payment method used for the purchase (the seller will not refund transaction fees or additional costs related to banking circuits). Otherwise, the user can exercise, once the order has been received, the right of withdrawal.
13. Refund and Return Policy
For all the details regarding the right of withdrawal, please refer to the page: Withdrawal Info and Form.
13.1 Right of withdrawal
You have the right to withdraw from the contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which the user acquires the order, or a third party other than the carrier indicated by you acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract with an unequivocal declaration via certified email to the following address: syrtaria@legalmail.it attaching the withdrawal form complete with the requested data that you will find in the footer of the site among the Useful Information – Withdrawal Info and Form.
13.2 Effects of withdrawal
The User is required to return the goods to the owner or another person authorized by the owner to receive them without undue delay and in any case within 14 days from the day on which he communicated his intention to withdraw from the contract. The deadline is respected if the delivery of the goods to the courier or other authorized person occurs before the expiry of the 14-day period described above. The return shipping costs are borne by the User, even in the case of international shipments, and are not refundable. The Owner reimburses all payments received including, if made, those relating to shipping costs (with the exception of additional costs resulting from the choice of a type of delivery other than the least expensive type of standard delivery offered by us) to Users who have correctly exercised the right of withdrawal. In the case of international shipments, any taxes, duties, duties and other charges provided for by the laws of the State will be entirely borne by the Customers and paid by them.
The refund will be made after receiving the return and verifying that all return requirements have been met. The refund will be made within 14 days of receiving the goods and will be made using the same payment method used for the transaction. The User is responsible for the decrease in value of the goods resulting from use of the goods other than that necessary to establish their nature, characteristics and functioning. In the event of withdrawal, the User is responsible for the contents of the package being returned until delivery has taken place.
13.3 Exceptions to the right of withdrawal
There is no right of withdrawal from contracts:
- of provision of services after the service has been fully performed, when the performance has begun with the express consent of the User and with the acceptance of losing the right of withdrawal following the complete execution of the contract;
- for the supply of goods made to measure or clearly personalized.
14. Presentation of ideas
Please do not submit any ideas, inventions, works of authorship or other information that could be considered your intellectual property that you would like to submit to us unless we have first signed an intellectual property agreement or non-disclosure agreement. If you disclose it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
15. Termination of Use
The owner may, at his sole discretion, at any time modify or terminate access, temporarily or permanently, to the website or any service on it. You agree that the Company shall not be liable to you or any third party for any modification, suspension or termination of your access to or use of the Website or any content you may have shared on the Website. You shall not be entitled to any compensation or other payment, even if some features, settings, and/or any content you have contributed or on which he has relied, are permanently lost. He cannot evade or bypass, or attempt to circumvent, or bypass, any access restriction measures on our website.
16. Warranties and responsibilities
Nothing in this section shall limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all content on the website may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy or completeness of the Content. We do not warrant that this website or our products or services will meet your requirements; this website will be available on an uninterrupted, timely, secure, or error-free basis; the quality of any products or services purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is intended to constitute legal, financial or other advice. or medical of any kind. If you need advice you should consult a professional appropriate. The following provisions of this section shall apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in relation to any matter which it would be unlawful or illegal for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damages (including damages for loss of profits or revenues, loss or corruption of data, software or database, or loss or damage to property or data) incurred by you or any third party, arising from your access to or use of our website.
Except to the extent any additional agreement expressly states otherwise, our maximum liability to you for all damages arising out of or relating to the website or any products or services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, willful misconduct, tort or otherwise) will be limited to the total price paid by you paid to the seller to purchase such products or services or use the website. This limit applies shall apply in the aggregate to all claims, actions and causes of action of every kind and nature.
17. Privacy
To access our website and/or our services, you may be asked to provide certain information. information about you as part of the registration process. You agree that any information provided is always accurate, correct and up-to-date. We take your personal data seriously and are committed to protecting your privacy. We do not We will use your email address for unsolicited mail. Any email sent by the owner to you will only be in connection with the provision of agreed products or services. For more information, please see our Privacy Policy and our Cookie Policy.
18. Export Restrictions / Legal Compliance
Access to the Website from territories or countries where the Content or the purchase of products or Services sold on the website is illegal is prohibited. You may not use this website in violation of the laws and regulations on the export of Italy.
19. Assignment
You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior consent. written. Any purported assignment in violation of this Section will be void.
20. Violations of these terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you violates these Terms and Conditions in any way, we may take such action as we deem appropriate to address the violation, including temporary suspension or permanent access to the website by contacting your Internet service provider to request that you block your access to the website, and/or take legal action against you.
21. Force majeure
Except for obligations to pay money, no delay, failure or omission by part of either party to perform or observe any of its obligations under the this document will be considered a breach of these Terms and Conditions if and so long as such delay, failure or omission arises from any cause beyond that party's reasonable control.
22. Indemnity
You agree to indemnify, defend and hold us harmless, from and against any claims, liability, damages, losses and expenses, relating to your breach of these terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising from such claims.
23. Waiver
Failure to apply any of the provisions set out in these Terms and Conditions and in any Agreement, or the failure to exercise any option of termination, shall not shall be construed as a waiver of such provisions and shall not affect the validity of any these Terms and Conditions or any Agreement or part thereof, or the subsequent right of apply each individual provision.
24. Language
These Terms and Conditions shall be interpreted and understood in Italian. In the event of a conflict between the provisions of these General Conditions of Sale, as published in Italian and the corresponding text translated by the Customer into another language, as well as in the event of a conflict between the Italian version and the version of another language of any other information and/or content of the contract, the Italian version shall prevail.
25. Full Agreement
These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Syrtaria l'Arte del Cucito SAS di Maria Schembari e C in relation to your use of this website.
26. Updating these terms and conditions
We may update these Terms and Conditions from time to time. The date set out at the top of these Terms and Conditions is the last revised date. We will give you written notice of any modification or update, and the revised Terms and Conditions will become effective from the date on which we will give you such notice. Your continued use of this website following the posting of any changes or updates will be considered as notification of your acceptance of comply with and be bound by these Terms and Conditions. To request a version previous to these terms and conditions, send an email to: info@syrtaria.com indicating in the subject: REQUEST PREVIOUS VERSION OF THE PDF DOCUMENT TERMS AND CONDITIONS.
27. Choice of law and jurisdiction
These Terms and Conditions are governed by the laws of Italy. Any dispute relating to the these Terms and Conditions shall be subject to the jurisdiction of the courts of Italy. If any part or provision of these Terms and Conditions is held by any court or other authority to be invalid and/or unenforceable under applicable law, such part or provision shall be modified, eliminated and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions shall not be affected.
28. Contact information
This website is owned and operated by Syrtaria l'Arte del Cucito SAS di Maria Schembari and C. The sale of products through this site is managed by SYRTARIA L'ARTE DEL CUCITO SAS DI MARIA SCHEMBARI E C. with registered office in VIA CESARE PAVESE, 17 PT – 96010 PRIOLO GARGALLO (SR – ITALY) VAT number: IT01668930892 – CCIAA – SR-139261 – PEC: syrtaria@legalmail.it. These contact details can be found on our website in the footer (the bottom of the page).
29. Customer Service
If you have any questions or need further information please contact us through the methods indicated on the page CONTACTS.