Terms & Conditions

General Terms and Conditions.

These General Terms and Conditions, govern the sales of products in the Borgo delle Tovaglie online store: www.borgodelletovaglie.com (hereinafter referred to as the “Website”).

By accessing the Web Site, the User confirms that he/she accepts these General Terms and Conditions to which Borgo delle Tovaglie may make changes at any time; it will be the User's responsibility to check the General Terms and Conditions then in force before making a purchase.

The products purchased on the Website are sold directly by Borgo delle Tovaglie S.r.l. (hereinafter “Borgo delle Tovaglie”), with registered office in Italy, Via Farini, 10 - 40124 Bologna, registered with the Bologna Chamber of Commerce, C.F. and P.IVA n. 04316250374, with the following Certified Electronic Mail address borgodelletovaglie@pec.it. Cap. Soc. Euro 50,000.00 int. vers.

For any needs related to these General Conditions please contact our customer service: info@borgodelletovaglie.com

1. Trademark and Intellectual Property

The Borgo delle Tovaglie trademark is the exclusive property of Borgo delle Tovaglie Srl.

Any total or partial reproduction of the contents of the Web Site without formal approval of Borgo delle Tovaglie is strictly prohibited: including but not limited to images, text, logos, graphics, colors, layouts, methods and processes.

2. Links to the Web Site.

Any link to the Web Site, must not harm the image and activities of Borgo delle Tovaglie.

Any link to the Web Site must be formally approved in advance by Borgo delle Tovaglie.

At any time Borgo delle Tovaglie may unilaterally revoke the consent given.

Borgo delle Tovaglie assumes no responsibility for services offered by third parties.

3. Content Warning.

3.1 The colors in the images on the Web Site may not match the actual characteristics of the product due to monitor rendering. As a result, Borgo delle Tovaglie will not be responsible for any mismatch in product colors with the images on the Web Site.

3.2 Borgo delle Tovaglie takes every precaution to ensure that the contents of the Web Site are accurate and up-to-date, however, it assumes no responsibility for the accuracy and completeness of the contents posted on the Web Site, particularly resulting from compilation errors or the unavailability of items ordered. Borgo delle Tovaglie will assist the customer in finding an alternative product and in the event of a negative outcome will provide a refund related to the incorrect or unavailable items.

3.3 Borgo delle Tovaglie is not responsible for the use of the Web Site and its contents by each of its Users.

3.4 As any material will be downloaded or otherwise obtained as a result of a specific choice or action by the User any liability for any damage to computer systems, loss of data, damage resulting from viruses, security problems and other malfunctions due to interactions with the Web Site shall rest solely with the User and shall not be attributable in any way to Borgo delle Tovaglie.

Borgo delle Tovaglie also disclaims any liability for any damages resulting from inaccessibility to the services on the Web Site.

3.5 The User is responsible for the safekeeping and proper use of his or her personal information, including the credentials that allow access to the reserved services, as well as for any damaging consequences that may arise against Borgo delle Tovaglie or third parties as a result of the incorrect use, loss, theft of such information.

4. Commercial policy

4.1 Borgo delle Tovaglie offers products for sale on its Web Site.

4.2 Online prices are retail prices.

4.3 Borgo delle Tovaglie reserves the right not to fulfill orders and requests that do not comply with its policy.

4.4 These Terms and Conditions govern sales on the Web Site exclusively to Retail Customers and therefore to Consumer Users only and not to non-consumer Professionals.

4.5 These General Conditions do not regulate the offer, submission and acceptance of orders for Professional Customers; these specific conditions will be forwarded directly to the customer concerned who requests them, in the event that his or her profile complies with Borgo delle Tovaglie's policy.

5. Conclusion of the contract

5.1 To conclude the purchase contract, the User must complete the order form in electronic format and transmit it electronically, following the path provided on the Website.

The order form shows for each product the essential characteristics and the relevant price including applicable taxes or duties (for Non-EU countries please refer to chapter no. 8 of these General Conditions).

5.2 Before transmitting the order form the User is required to read all the information relating to the order, the right of withdrawal, the Privacy Policy, the General Conditions: by transmitting the order form the User unconditionally accepts these General Conditions.

5.3 Upon receipt of the order, the Website sends the User an automatic order confirmation, via e-mail, summarizing the order.

The order is stored in our database and will be available for consultation in the appropriate area of the Website, by accessing with your registration credentials.

5.4 The order will only become operative if it is complete with all the required information and if it is fully paid. Failure to fully pay the same within 7 days after its issuance by the User will automatically result in its cancellation.

In the event that an order proposal lacks essential information or in the absence of payment, it will not be taken in charge: Borgo delle Tovaglie, in the absence of formal waiver of the User to the order, will do its best to receive from the same the missing information to process the order. Borgo delle Tovaglie will not be liable in any way for any resulting extended delivery time.

It is the User's responsibility to enter correct information. Borgo delle Tovaglie shall in no event be held liable for any false, inaccurate or incomplete information entered by the User.

5.5 Borgo delle Tovaglie may not process purchase orders that are incomplete or incorrect or in the event that the products purchased are out of stock or unavailable or for which the payment process has failed.

Borgo delle Tovaglie may also not fulfill orders from Users who have not fulfilled their obligations in previous purchases, in these cases it will promptly notify the User.

5.6 In the event one or more products are unavailable, Borgo delle Tovaglie will offer similar substitute products. In the event the User does not approve the proposed replacement, Borgo delle Tovaglie will promptly refund the amount corresponding to said products. In the event the entire order is cancelled, the shipping costs will also be refunded.

5.7 The Italian User may request the issuance of an invoice by filling in the appropriate spaces in the order procedure. 

The issuance of the invoice will result in the non-application of consumer protection regulations and cannot be requested after the order has been sent.

The Website does not allow the issuance of the invoice for foreign Customers: for such needs contact our sales department, before placing the order.

5.8 The User may add notes regarding the order, in the space provided.

The languages allowed are: Italian, English, French.

6. Discounts and promotions

6.1 On all orders already issued, no discounts, promotional codes or any other facilitations practiced momentarily or permanently by Borgo delle Tovaglie may be applied.

6.2 Therefore, it is not possible to cancel an issued order in order to reformulate it for the same products with the application of discounts, promotional codes or any other facilitation applied on a momentary or permanent basis by Borgo delle Tovaglie.

6.3 Issued orders means all orders already submitted to Borgo Delle Tovaglie through the Website, Whatsapp, e-mail, by telephone or by any other means agreed with the User, including all orders submitted to Borgo delle Tovaglie and for which the same has not yet received the relevant payment.

See also paragraph 9.

7. 

Gift Cards

Below are the conditions that govern the purchase and use of the Gift Card: Gift Cards are our proposal for a perfect gift: the recipient will be free to buy what he/she loves most on our site ! To purchase it, simply add it to your cart, even together with other products: in the 24 hours following the purchase it will be sent via e-mail, in the form of a use code. The owner of the usage code is the beneficiary of the amount on the Gift Card, so this code should be shared only with the recipient of the gift. The Gift card is a convenient and secure payment instrument that can be purchased like any other product within the Website.

- It is valid for 12 months after purchase.

- Must be used in a single order: any unused amounts cannot be reclaimed or used for subsequent orders.

- Only one Gift Card can be used per purchase. - It can be used for both full-price and discounted products.

- It cannot be used in combination with promotional codes.

- The Gift Card amount does not apply to shipping charges.

- The Gift Card code must be entered in the space for “Discount Code” in the shopping cart.

- The Gift Card cannot be refunded under any circumstances.

- Should the usage code be stolen from its rightful owner, the purchaser must immediately notify us along with the theft report to the appropriate authorities to block its use and receive a replacement code. Once the code has been used, no further action can be taken.

8. Guarantees and delivery times

8.1 The essential characteristics of the products are presented on our Web Site. The images of the products offered for sale on the Web Site may not exactly correspond to the real ones in terms of finishes and colors, also due to the typical differences between Internet browsers, monitors and devices used.

8.2 The products are usually handcrafted; slight color alterations and processing irregularities are therefore due to the handcrafted production method and stylistic choice and are not to be considered a defect:

- different production batches may have slight variations in color tones, we therefore suggest ordering products together to be matched.

- measurements shown in the product sheets on the Web Site are subject to the usual tolerance.

Measurements are also given in inches.

8.3 Borgo delle Tovaglie products are for the most part handcrafted in Italy, and for these the words “handcrafted in Italy” appear in the product sheet on the Web Site. The preponderant part of the products are made expressly for each customer following the order.

8.4 The estimated delivery times from receipt of payment (which include production and delivery) are: 10 working days for Italy; 15 working days for Europe; 20 working days for the rest of the world. These times defined on the basis of the deliveries made are to be considered purely indicative and not binding and in any case subject to chance and force majeure events.

8.5 Deliveries are made from Monday to Friday, during business hours.

Upon delivery, the User is required to verify that the delivery documents and identification tags correspond to the order placed, that the number of packages corresponds to that indicated in the delivery document and that the packages themselves are intact.

Any damage or non-conformity detected must be reported immediately by indicating it in the delivery document. The User may not dispute delivery issues not indicated in the delivery document.

If a shipment is returned due to non-delivery because of incorrect or incomplete information provided by the User or non-receipt by the User (due to absence or refusal of delivery), Borgo delle Tovaglie will contact the User to notify him/her of the problem detected and to inform him/her of the additional costs incurred in making a new delivery attempt: all costs associated with the return of the goods and the new delivery are the responsibility of the User, whether they are shipping costs, customs costs or otherwise.

In the event that the User fails to pay the above costs within 30 days of notification, Borgo delle Tovaglie reserves the right to retain the products ordered as well as the amounts already paid for the same.

8.6 Borgo delle Tovaglie will not make deliveries to post office boxes.

8.7 Borgo delle Tovaglie assumes no responsibility for inefficiencies attributable to force majeure or fortuitous events, even where dependent on malfunctions and inefficiencies of the Internet network, in the event that it fails to execute the order in the time provided.

Borgo delle Tovaglie shall not be liable for the actions of the courier carrying the goods both in the event of delay in delivery and in the event of damage to the same.

9. Payments

9.1 The payment methods accepted on the Website are: Bank Transfer, Credit Card, Paypal, Klarna installment payment.

9.2 An order is considered confirmed only after Borgo delle Tovaglie has received the full amount of the order.

9.3 Prices are subject to updates. Each User is advised to ascertain the price of each item before placing the order.

9.4 Prices on our Website are quoted in Euros.

9.5 Discount code: enter any discount code before submitting the order. For technical reasons, it is not possible to apply a discount to an already submitted order.

9.6 Discounts cannot be combined.

10. Non-EU Countries.

For destinations outside the EU, any import duties, customs clearance taxes or brokerage fees, including any additional charges, will be the sole responsibility of the recipients. In this regard, please note that Borgo delle Tovaglie operates under the contractual term DAP: Delivered At Place.

Users outside the EU are advised, prior to completing the purchase, to contact their local Customs Authorities in order to take cognizance of all costs associated with the purchase.

11. Right of Withdrawal

11.1 Pursuant to Article 52 of the Consumer Code, a Customer who is dissatisfied with his or her purchase on the Website has the right to withdraw from the contract within fourteen (14) days from the date on which the product was delivered to him or her, and this without having to provide any reasons.

11.2 All costs associated with the return (shipping, any customs costs, etc.) shall be borne by the User.

11.3 It is not possible to cancel an order for customized products. Customized products are defined as products that differ in whole or in part from the products on the Website at the time of the order in terms of size, color or other characteristic.

11.4 You cannot cancel an order for products purchased on promotion. Promotional products are defined as all products purchased, at a lower value than the official list price thanks to discounts, promotional codes or any other facilitation applied momentarily or permanently.

11.5 The Gift Card cannot be refunded under any circumstances.

11.6 Return Instructions:

(a) You must notify us in writing at info@borgodelletovaglie.com of your request to exercise your “right of withdrawal,” indicating: your order number, the items being returned, and possibly the reason for the return-the latter optional information will help us to better serve you in the future.

b) The products must be returned intact: they must not have been used, washed, damaged, mistreated or otherwise changed in their characteristics in any way, they must be in their original packaging and with the identification tag still attached.

c) In the event that the User intends to return several products that are part of the same order, they must be returned in a single shipment;

d) The transport documents must indicate the name of the User, the order number and the indication that this is a return due to the exercise of the right of withdrawal.

e) The products must be returned exclusively by courier to:

Borgo delle Tovaglie S.r.l., Via Colombo 6/a, 40069 Zola Predosa - Bologna (Italy)

within fourteen (14) days from the date of receipt; the date of collection by the courier shall be deemed to be the date of receipt.

11.7 If the Right of Withdrawal has been exercised following the procedures and terms indicated, the refund will be made in the shortest time possible and in any case within thirty (30) days from the date of receipt of the return. The refund shall only concern the returned products: delivery, customs and any other incidental expenses are not refundable.

11.8 If the procedures for exercising the Right of Withdrawal are not respected, the return will not be accepted.

In this case Borgo delle Tovaglie will notify the User by e-mail of the non-acceptance of the return.

The User will be entitled to collect the products at his or her own expense, at: Borgo delle Tovaglie S.r.l., Via Colombo 6/a, 40069 Zola Predosa - Bologna (Italy).

In the event the customer refuses to return the product or otherwise fails to collect it within 30 days from the date of notification, Borgo delle Tovaglie reserves the right to retain the products as well as the amounts paid for them.

12. 

Non-Compliant or Missing Products

In the event that the User detects alleged conformity defects on the products received and wishes to request their replacement or refund, he/she must follow the following procedure:

1) The User must send in writing to info@borgodelletovaglie.com as soon as possible after receipt of the order, its request for “Return for non-conformity”, indicating:

1 - the order number;

2 - the items intended to be returned;

3 - a detailed description, accompanied by pictures, of the alleged defect.

Borgo delle Tovaglie may request additional information and images to precisely identify and analyze the defect found and confirm or not its responsibility.

Having confirmed its responsibility for the discrepancy found, it will be the right of Borgo delle Tovaglie to:

- Agree with the customer on a price reduction without replacement of the items;

- decide whether to proceed with the replacement of the product or to proceed with the refund and whether or not to request the return, at its own expense, of the products subject to the complaint;

It will be the right of Borgo delle Tovaglie not to accept the complaint if it is clear that it is unrelated to the reported non-conformity or if the feature reported as defective is an inherent characteristic of the purchased product, with particular reference to tolerance in coloration and size.

2) In the event that following the analysis procedure referred to in paragraph 1) Borgo delle Tovaglie requests the return of the products subject to the complaint, the customer is asked to follow the following instructions to complete the complaint procedure:

(a) the products subject to complaint must be returned intact: they must not have been used, washed, damaged, mistreated or otherwise altered in any way in their characteristics, they must be in their original packaging and with the identification tag still attached.

b) In the event that the User intends to return several products that are part of the same order, they must be the subject of a single report and returned in a single shipment;

c) The transport documents must indicate the name of the User, the order number and the indication that it is a “Return for non-conformity”.

d) The products will be picked up at the care and expense of Borgo delle Tovaglie.

In the event that the customer returns the products without formal approval from Borgo delle Tovaglie any expenses associated with the return will instead be borne by the customer.

Any missing products must be reported immediately to the carrier upon delivery, no reports at a later time will be accepted.

13. Privacy

By reviewing our Privacy Policy, the User will be able to obtain all information on the processing of sensitive and personal data by the Borgo delle Tovaglie Web Site.

Borgo delle Tovaglie complies with the law and does not resell information to third parties. Data are requested contextually and for the sole purpose of rendering better service for all services offered. For example: data is used for making a reservation at our Bistro, for creating a profile on our E-commerce, for subscribing to our periodic newsletter. The components of the Website may use the information consensually ceded by Users to improve the browsing experience and to produce aggregate statistical data, thus devoid of individual profiling.

14.

Cookies

The Web Site www.borgodelletovaglie.com uses cookies. Cookies are electronic files that record information relating to the User's navigation on the site (pages consulted, date and time of consultation etc....) and that allow Borgo delle Tovaglie to offer a personalized service to its Users.

Borgo delle Tovaglie informs the User of the possibility of deactivating the creation of such files by accessing its Internet configuration menu. It is understood that the deactivation of cookies will prevent the User from proceeding to purchase online.

15. Access to the site and Intellectual Property Rights

The User has the right to access the site www.borgodelletovaglie.com for consultation and making purchases. No other use, particularly commercial, of the site or its content is permitted. The 'integrity of the elements of this site, whether aural or visual, and the related technology used remain the exclusive property of Borgo delle Tovaglie and are protected by intellectual property law.

All trademarks (registered and unregistered), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by laws and international conventions on intellectual property and industrial property reproduced on the Site remain the exclusive property of Borgo delle Tovaglie, without the User deriving any right over them from access to the Site and/or the conclusion of Purchase Agreements. Any use, reproduction, even if only partial, modification, tampering of the same for any reason and on any medium is absolutely forbidden without the prior written authorization of Borgo delle Tovaglie, in favor of which are reserved, exclusively, all the related rights.

16.

Applicable law, place of jurisdiction and dispute resolution

16.1 These General Terms and Conditions of Sale are governed by Italian law and in particular by Legislative Decree No. 206 of September 6, 2005, known as the Consumer Code, .

16.2 For the resolution of any dispute relating to the purchase contracts made on the Website, it should be noted that Borgo delle Tovaglie adheres to the independent and institutional Conciliation service, provided by the Chamber of Commerce of Bologna, which allows a satisfactory agreement to be reached, with the help of a neutral and competent conciliator, in an amicable and secure way, online.

16.3 It is however understood that any dispute that may arise between the User and Borgo delle Tovaglie relating to the validity, execution, interpretation and termination of the contract of sale perfected by virtue of these General Conditions, where it does not find an amicable solution through the above conciliation procedure, will be devolved to the exclusive territorial jurisdiction of the Judge of the place of residence or domicile of the User Consumer, where located in the Italian territory. In the case, on the other hand, of Users not however resident or domiciled in Italy, the parties expressly agree that any dispute in any case connected with these General Conditions will be devolved to the exclusive jurisdiction of the Court of Bologna, without prejudice, however, to the right of Borgo delle Tovaglie to initiate actions before the Court of the User's place of residence and/or domicile.