General Conditions
Tiarè S.r.l., with its registered office in Cassina Rizzardi – 220770 (CO), Via Villette Autostrada 32, Tax Code and VAT Number 01862850136 (hereinafter, Tiarè) is a textile company specialized in the design, production, and commercialization of silk fabrics.
These general sales conditions govern the purchase of silk fabrics branded “Tiarè” (hereinafter, Fabrics) made through the e-commerce site https://tiaretessuti.com/ (hereinafter, Site) in accordance with Legislative Decree 206/2005 (“Consumer Code”) and its subsequent amendments and integrations, where applicable, as well as the provisions of Legislative Decree n. 70/2003 and the provisions of the Civil Code, as not otherwise provided herein.
Each purchase is governed by the following general sales conditions in the version that will be published on the Site (as defined below) at the time of order submission by the Customers (as defined below). Customers accessing the Site to make purchases are required, before submitting the order, to carefully read these general sales conditions (hereinafter, GC or General Conditions) which are made available to them on the Site and can be consulted by the Customers at any time.
Purchasing through the Site implies that the Customers have fully understood and accepted without reservations these General Conditions.
Article 1 – Definitions
Customer: refers to any person, whether or not they have completed the registration process, who purchases one or more Fabrics through the Site, whether they are a consumer (“Consumer Customer”) or a professional (“Professional Customer”).
Consumer Customer: is the Customer who makes a purchase on the Site of one or more Fabrics for purposes unrelated to their business, commercial, craft, or professional activities.
Professional Customer: is the Customer who makes a purchase on the Site of one or more Fabrics in the exercise of their business, commercial, craft, or professional activities, or their intermediary.
General Conditions or GC: the provisions in this document.
Fabrics: refers to all the silk fabrics that can be purchased through the Site.
Site: refers to the e-commerce site https://tiaretessuti.com/.
Depending on the context, the meaning of a term used in the singular includes the plural, and the meaning of a term used in the masculine includes the feminine, and vice versa.
Article 2 – Object
2.1 Tiarè sells the Fabrics through the Site in its own name and on its own behalf. Purchases of Fabrics made through the Site will therefore involve Tiarè, as the seller (hereinafter, Seller), and the Customer, who purchases one or more Fabrics through the Site, whether a Consumer Customer or a Professional Customer (Seller and Customer may collectively be referred to hereinafter as the “Parties”).
2.2 Any communication from the Customer related and/or connected to the purchase of the Fabrics – including any reports, complaints, requests regarding the purchase and/or delivery of the Fabrics – may be sent to the Seller at the e-mail address info@tiaretessuti.it.
2.3 The Customer accessing the Site to make purchases is required, before submitting the order, to carefully read these General Conditions, which are always available in the footer of the Site and are made available to the Customer for reading and express acceptance before submitting each individual order.
2.4 To make purchases through the Site, the Consumer Customer must be of legal age (18 years) and have the capacity to act, which the Consumer Customer declares to possess. The person who concludes the contract on behalf of the Professional Customer declares to have the necessary authority to conclude the purchase contract for the Fabrics on the Site and/or register on the Site on behalf of the Professional Customer, binding the Professional Customer to the Seller for such purposes.
Article 3 – Characteristics of the Fabrics
3.1 The characteristics of the Fabrics are indicated and described on the Site. In particular, for each Fabric, there is a descriptive sheet containing, by way of example: the main characteristics of the Fabric, the different color options of the Fabric, the percentage of materials that make up the Fabric, the relevant stock availability of the Fabric, as well as the necessary information in accordance with applicable regulations (hereinafter, Fabric Sheet).
3.2 The images on the Site reproduce the Fabrics as faithfully as possible. However, they are for illustrative purposes only and should therefore be understood as indicative, with standard tolerances. In any case, reference should be made to the information and descriptive indications regarding the characteristics of the Fabrics contained in the Fabric Sheet.
Article 4 – Methods of Purchasing the Fabrics
4.1 The Fabrics presented on the Site can be purchased by selecting them and adding them to the virtual shopping cart. Once the selection of the Fabrics is complete, to complete the purchase of the Fabrics in the cart, the Customer will be asked to provide their payment, shipping, and billing details in order to complete the individual order as a “guest” and finalize the contract.
4.2 For each order, the Customer will be invited to follow the purchase procedure, which includes an electronic form in which the Customer can: (i) modify or confirm their personal and contact information; (ii) confirm or provide the address for receiving the delivery of the Fabrics and billing details. This section will also indicate the delivery cost charged to the Customer, and finally (iii) proceed to select the payment method, from those available on the Site, as described in the following Article 7.
4.3 4.3 Once the above sections of the form are completed, the Customer will see a summary of the data and order to be made, which they can modify by following the instructions on the Site; then, the Customer will be required to confirm that they have read and agreed to these GC, by ticking the relevant check-box on the Site, and finally, by pressing the “pay” button or another similar or equivalent label, the Customer will confirm their order, which will then be definitively sent to the Seller and will generate the effects of a contractual proposal that must be accepted by the Seller through sending a confirmation email to the Customer.
4.4 The Customer guarantees that the personal information provided during the purchase and/or registration process on the Site is complete and truthful and acknowledges and agrees that, in the case of inaccurate or incorrect information not referring to the Customer’s identity, the Seller may be unable to complete the registration. The Customer is responsible for the confidentiality of their username and password and agrees to safeguard them with the utmost care. In any case, the Customer is responsible for all activities performed under their account.
4.5 The Customer agrees to indemnify and hold the Seller harmless from any damage, liability for compensation, and/or penalties arising from or in any way connected to the Customer’s breach of the above registration and/or purchasing rules on the Site and/or failure to safeguard the registration credentials.
4.6 Registration on the Site gives the Customer the following functionalities:
a) Create their own user profile;
b) Save and modify their personal details with the possibility of updating them at any time;
c) Access the archive of their orders;
d) Verify the status of their orders.
Article 5 – Delivery of the Fabrics
5.1 The Site indicates the methods and delivery times of the Fabrics, in accordance with the provisions of the Consumer Code, the general conditions set by the couriers appointed by the Seller for delivery, and applicable regulations.
5.2 The couriers are not authorized to leave the Fabrics unattended. Therefore, if the recipient is unavailable at the time of delivery at the provided address, the Seller – also through the courier appointed by the Seller – will attempt to contact the Customer via the phone number and/or email address provided during the purchase of the Fabrics to arrange the delivery. If a second delivery attempt fails due to the Customer’s unavailability, the Seller will contact the Customer at the provided contact details. If delivery is still not possible after this second attempt, the delivery will be considered failed, and the Customer may request a refund, if applicable, and in any case, after deducting the delivery and refund management costs.
5.3 The shipment of the Fabrics ordered by the Customer will be made in the method selected by the Customer from those available and indicated on the Site at the time of order submission. The Customer agrees to promptly verify that the delivery includes only the Fabrics they have purchased and to promptly inform the Seller of any defects or discrepancies of the received Fabrics compared to the order placed, according to the procedure outlined in the following Article 8 of these GC. If the packaging or wrapping of the Fabrics ordered by the Customer is visibly damaged upon arrival, the Customer is invited to refuse delivery from the carrier or accept it “with reservation.”
Article 6 – Prices, Shipping Costs, Taxes, and Fees
6.1 The price of the Fabrics is the one indicated on the Site for each Fabric at the time of order submission by the Customer. The prices include all taxes but do not include shipping costs, which are shown separately on the Site and in the order summary the Customer views before submitting the order.
6.2 Delivery of the Fabrics is available within Italy and to countries within the European Union. In the latter case, shipping costs may vary depending on the destination country and may be requested via email.
Article 7 – Payments
7.1 The Seller provides customers with a third-party service, through which the customer who intends to purchase the Fabrics can proceed with the payment of the amount due. Tiarè, therefore, does not act or operate in any way as a payment service provider, limiting itself to providing access to the Site and its maintenance. Payment through the Site will, in any case, constitute full payment by the customer for the purchase of the Fabrics, except as established regarding consumer withdrawal, if applicable.
7.2 For payment, to be made by credit or debit card, the customer may use the third-party service offered via the Site: they must connect, following the instructions on the Site, to the secure system of the Seller’s partner, who guarantees the confidentiality of data and the security and efficiency of transactions. The customer will enter the credit card data directly on the SSL server, created and guaranteed by the partner, and managed by the same. In order to access the service, the customer must accept the general terms and conditions of the contract set by the partner. Tiarè will not be responsible for any damage caused to the customer from using the payment service proposed by the partner.
7.3 For the production and submission of fiscal and accounting documentation (including receipts, invoices, and any other equivalent document, however named) by the party responsible, only and exclusively the data provided by the customer at the time of purchasing the Fabrics will be used. The customer agrees to provide correct, valid, and up-to-date information and guarantees that no incorrect or false information has been or will be provided. In any case, the Seller cannot be held responsible for any incorrect or false information, whether negligent, guilty, or intentional, provided by the customers. Customers agree to indemnify and hold the Seller harmless from any damage and/or liability arising, directly or indirectly, from the use of data that has proven to be incorrect or false.
Article 8 – Seller’s Legal Warranty of Conformity
8.1 All Fabrics purchased through the Site are covered by the legal warranty, the regulation of which varies depending on whether the customer is a Consumer Customer or a Professional Customer, as set out in the Consumer Code and the Civil Code, respectively, as detailed below.
8.2 Consumer Customer
For the sale of Fabrics to a Consumer Customer, the legal warranty of conformity provided by the Consumer Code applies. The Seller is responsible for any lack of conformity of the Fabrics sold that exists at the time of delivery to the carrier, which manifests within two years from delivery. Any defect of conformity, if not intentionally hidden by the Seller, must be reported by the Consumer Customer to the Seller within 26 months from the date of delivery of the Fabric to the Consumer Customer. Defects incompatible with the nature of the Fabric (for example, because it is perishable) or the nature of the defect (for example, for slight wear due to use) are not considered defects of conformity. Damages and/or anomalies caused by the Consumer Customer and/or the carrier that do not arise from a defect of conformity are also excluded from the legal warranty. Under the legal warranty, the Consumer is entitled to have the Fabric brought into conformity without charge, through repair or replacement, or a reduction in price or contract termination as provided by the Consumer Code.
The complaint of any defects or non-conformities must be sent by the Consumer Customer to the Seller via email at the following address: info@tiaretessuti.it, indicating the defect and/or non-conformity found, along with supporting documentation proving the purchase date (e.g., order confirmation from the Seller and/or receipt). Once this complaint is received, the Seller will provide the Consumer Customer with all the necessary information regarding the procedures to follow to exercise the legal warranty.
8.3 Professional Customer
Fabrics purchased by a Professional Customer are covered by the warranty for defects pursuant to Articles 1490 et seq. of the Civil Code; the action of the Professional Customer to enforce the warranty for defects is time-barred after one (1) year from the delivery of the purchased Fabric. Defects must be reported within the terms of Article 1495 of the Civil Code by sending an email to the following address: info@tiaretessuti.it, indicating the defect, along with supporting documentation proving the purchase date (e.g., order confirmation from the Seller and/or invoice).
Article 9 – Consumer Customer’s Right of Withdrawal
9.1 Without prejudice to the cases of exclusion of withdrawal provided for by Article 59 letters c) and d) of Legislative Decree No. 206/2005, and as further defined in Article 9.7 below, the Consumer Customer has the right to withdraw from the purchase contract within 14 (fourteen) days from receipt of the Fabrics without providing any justification and without incurring any costs other than those related to the return of the Fabrics to the Seller, as provided in Article 9.3 below. The information on the right of withdrawal is also made available on the Site. It is understood that, in the case of separate deliveries of multiple Fabrics ordered by the Consumer Customer in a single order, the 14 (fourteen) day period for exercising the right of withdrawal begins on the day the last Fabric is delivered.
9.2 Within the aforementioned 14-day period, the Consumer Customer must notify the Seller of their intention to withdraw from the contract by sending an email to the Seller at info@tiaretessuti.it with the specific withdrawal form published on the Site (hereinafter, “Withdrawal Form”), indicating their intention to withdraw from the contract. The Seller will promptly confirm to the Consumer Customer by email at the address provided during registration or purchase, the receipt of the withdrawal declaration and provide instructions for returning the Fabric(s).
9.3 The direct costs of returning the Fabrics to the Seller will be borne by the Consumer Customer. The Consumer Customer will return the Fabrics within 14 (fourteen) days from the date they notified the Seller of their decision to withdraw from the contract. The deadline is met if the Consumer Customer sends back the Fabrics before the end of this 14 (fourteen) day period. The Fabrics must be returned to the following address: info@tiaretessuti.it.
9.4 The Consumer Customer is solely responsible for any decrease in the value of the goods resulting from handling the Fabrics in a manner other than what is necessary to establish the nature, characteristics, and functioning of the Fabrics themselves. The Fabrics must be kept, handled, and inspected with normal care and returned intact (without any signs of wear, abrasion, chipping, scratching, deformation, etc.), complete in every part, with all accessories and informational leaflets, with tags and labels still attached to the Fabrics, and suitable for the intended use. The withdrawal also applies to the entire Fabric. It cannot therefore be exercised in relation to parts and/or accessories of the Fabric.
9.5 If the right of withdrawal is validly exercised by the Consumer Customer within the prescribed terms, the Seller will refund the Consumer the full amount paid for the purchase of the Fabrics, including the shipping costs originally incurred, within 14 (fourteen) days from the date the Seller becomes aware of the Consumer Customer’s exercise of the right of withdrawal, subject to the Seller’s right to suspend the refund until the Fabrics are actually received or until the Consumer Customer has proven that they have returned the Fabrics, depending on which situation occurs first.
9.6 The refund will be made by the same payment method used by the Consumer Customer at the time of purchase, unless they have expressly requested a different method by sending an email to info@tiaretessuti.it.
9.7 The cases of exclusion of the right of withdrawal, pursuant to Article 59, letters c); d); and e) of Legislative Decree No. 206/2005 are as follows: i. the supply of goods made to measure or clearly personalized; ii. the supply of goods that are likely to deteriorate or expire rapidly; iii. the supply of sealed goods that are not suitable for return for hygiene reasons or related to the protection of health and have been opened after delivery. If one of the above-mentioned cases applies, the right of withdrawal will not be applicable, and the exclusion will be specifically communicated on the Site before the Consumer Customer proceeds with submitting the order.
9.8 In the case of exercising the right of withdrawal, the Consumer Customer may, at their choice, request from the Seller, instead of the refund of the price paid for the Fabric subject to withdrawal and the original shipping costs, a voucher of equal value to spend on purchases on the Site. This option is granted to the Consumer Customer to offer a benefit and in no way limits the right of withdrawal. In any case, the voucher will only be issued upon the Consumer Customer’s explicit choice, while in all other cases (including when the Consumer Customer does not make any choice) the Seller will proceed with the refund as provided by law.
9.9 The right of withdrawal is excluded for Professional Customers, and therefore the clauses in this Article
Article 10 – Code of Ethics
Tiarè is committed to maintaining the highest ethical standards in the conduct of its activities and has adopted a Code of Ethics that guides business operations and relationships with customers, suppliers, employees, and other stakeholders. Access to the Site and the purchase of Fabrics entail the acceptance and compliance with the Code of Ethics by the Customer. The Customer agrees not to undertake any action that may compromise the integrity, reputation, or interests of Tiarè. Any violation of the Code of Ethics by the Customer may result in the termination of the purchase contract under Article 1456 of the Civil Code, as well as the recourse to appropriate legal actions to protect Tiarè’s rights and interests, including the compensation for damages.
Article 11 – Intellectual Property Rights
11.1 The Customer declares to be informed that the Tiarè trademark is the exclusive property of the holder of the Tiarè trademark, and that access to the Site and/or the purchase of Fabrics does not grant the Customer any rights over the trademark.
11.2 Reproduction, in whole or in part, of the contents of the Site, created by Tiarè, is prohibited, as well as their transfer by electronic or conventional means, modification, or use for any purpose.
Article 12 – Processing of Personal Data
To proceed with registration and/or the submission of the order and therefore the conclusion of this contract, some personal data of the Customer are required through the Site. The Customer must review the privacy notice provided by the Seller, as the data controller. The Parties acknowledge and confirm that any processing of personal data arising from the execution of the contract established through the sale of the Fabrics will be carried out solely for purposes related to such execution and in compliance with the provisions of Legislative Decree 196/2003 and Regulation (EU) 679/2016.
Pursuant to Regulation (EU) 679/2016, each Party has authorized the other, its auxiliaries, and/or substitutes to process their personal data for the execution of this Contract.
In particular, the Entity declares to have been informed about:
i. the purposes and methods of processing to which the data will be subjected;
ii. the mandatory or optional nature of providing the data;
iii. the consequences of refusing to provide data;
iv. the subjects or categories of subjects to whom the data may be communicated and the scope of distribution of the data;
v. the rights referred to in Articles 15 (right of access), 16 (right of rectification), 17 (right to erasure), 18 (right to restriction of processing), 20 (right to data portability) of the Regulation;
vi. the name, designation, or corporate name and the address, residence, or registered office of the data controller.
Article 13 – Applicable Law and Jurisdiction
13.1 Every sales contract concluded between the Seller and the Customers under these Terms and Conditions will be governed and interpreted in accordance with Italian law.
13.2 For any dispute with the Consumer Customer, the exclusive jurisdiction will be the Court of the place where the Consumer Customer resides or has elected domicile. It is understood that for any dispute with the Professional Customer, the exclusive jurisdiction will be the Court of Milan.
Date of Last Update
04/03/2025