1.Definitions

 

The general terms and conditions provided below will apply to all sales of goods by Tessuto and its partners, through the virtual store www.tessuto.ro to the Buyer and may be modified at any time by Tessuto without prior notice.

 

Thus, the following terms will mean:

Buyer – natural person / legal person or other legal entity issuing an Order.

Seller – Tessuto, with the trade name essuto Textil SRL, with registered office in Str. Bucharest 64 Cluj Napoca, Cluj, CUI 36739374, no. of registration at the Trade Register J12/4078/2016.

Goods – any product, including the documents and services specified in the Order, to be provided by the Seller to the Buyer.

Order – an electronic document that acts as a form of communication between the Seller and the Buyer, through which the Seller agrees to deliver the Goods and the Buyer agrees to receive these Goods and make payment for them.

Contract – an Order confirmed by the Seller.

Intellectual Property Rights – all intangible rights such as know-how, copyright and copyright, database rights, design rights, model rights, patents, trademarks and domain name registrations for any of the above.

Website – the www.tessuto.ro domain and its subdomains.

 

 

 

 

2. Contract Documents

By placing an electronic Order on the website www.tessuto.ro, the Buyer agrees to the form of communication (e-mail, telephone) through which the Seller conducts its operations. The order will consist of the following documents:

The order (together with clear indications of delivery and billing dates) and its specific terms.

Terms and conditions

If the Seller confirms the Order, this implies full acceptance of the terms of the Order. Acceptance of the Order by the Seller is considered completed when there is an electronic confirmation (e-mail) from the Seller to the Buyer, without requiring a confirmation of receipt from the Buyer. The Seller does not at any time consider an unconfirmed order as having the value of a Contract. 

Order confirmation is done electronically (e-mail). The prices of the products in the order are valid 3 working days from the date of registration of the order. The general terms and conditions of sale will form the basis of the Contract thus concluded.

 

 

3. Obligations of the Seller

The Seller will use its professional and technical knowledge to achieve the result stipulated in the Order and will deliver the Goods that meet the Buyer's requirements and specifications expressed in the Order;

The information presented on the Seller's websites is informative and may be modified by the Seller without prior notice. Product descriptions may be incomplete, but the seller makes efforts to present the most relevant information, so that the product can be used within the parameters for which it was purchased;

 

 

4. Intellectual and industrial property rights

 

The User/Buyer understands the intellectual property rights and will not disclose to a third party or make public any of the information received from the Seller.

All drawings, graphics and design elements that appear on the site, the site name as well as the graphic insignia are registered trademarks owned by Tessuto and may not be taken, copied or used without the written consent of the owner.

All elements of content such as descriptions, drawings, graphic and design elements that appear on the site, including but not limited to logos, stylized representations, trade symbols, static images, dynamic images, text and/or multimedia content presented on site, are the exclusive property of Tessuto, which reserves all rights obtained in this regard directly or indirectly through licenses for use and/or publication.

The User/Buyer is not permitted to copy, distribute, publish, transfer to third parties, modify and/or otherwise alter, use, link to, display, include any element contained above in any context other than that originally intended by Tessuto, the inclusion of any content element outside the Site, the removal of the signs signifying the copyright of Tessuto on the content elements as well as the participation in the transfer, sale, distribution of materials made by the reproduction, modification or display of the content elements, except with written consent express of Tessuto.

 

 

5. Rights to the content of the site

 

The entire content of the site and the graphic elements, including but not limited to these, respectively all content in text format, as well as the technical sources of all present and future services and facilities - except when another owner is expressly mentioned - the sources of the pages but also any other material, transmitted in any form by and to Users (through direct viewing on the website, through newsletters, etc.) belong to Tessuto.

The content of the site, regardless of the area in which it is located on the site and regardless of the type, can be used exclusively for personal purposes. Any use of content by third parties for purposes other than personal, can only be done with the written, express and prior consent of Tessuto. Therefore, it is forbidden to copy, retrieve, reproduce, publish, transmit, sell, distribute partially, fully or modified the content of this site or any part of it for purposes other than personal, with the following exceptions:

(i) it is allowed to reproduce (on non-commercial websites, forums, press articles, etc.) small fragments of published articles (max. 400 characters), it being mandatory to specify the source of the retrieved information, with a link, in the following form: (Source: site name – link to the site content).

(ii) links to the website www.tessuto.ro are allowed, and the source of the information will be specified after each link or at the end of the article, as follows: "Information provided courtesy of Tessuto - link to the site's content )

Users undertake to respect all copyright and all related rights and any other intellectual property rights that the Site Administrator and its partners have on/in connection with the www.tessuto.ro site.

Tessuto reserves the right to sue any person and/or entity that violates the above provisions in any way. Requests to use the site's content for any purpose other than personal can be made by e-mail to the email address @ Tessuto.ro, with the specification "Attention of the agency".

Any person who transmits or publishes in any way information or materials to the site assumes the obligation not to prejudice in any way the copyrights that a third party could invoke in relation to the materials and information transmitted in any way to the site , and the people who send information or materials in any way understand and accept that the violation in any way of this obligation cannot in any way engage the responsibility of Tessuto, but only the responsibility of the respective persons.

Tessuto can run advertising campaigns and/or promotions in any section of the site at any time, without this operation requiring the consent of the Site Users. The spaces and size of advertising campaigns and promotions do not require the consent of the site Users and can be changed at any time without requiring prior notice.

Tessuto does not assume responsibility for damages or losses resulting from advertising campaigns or promotions organized on the site, other than those strictly organized on the site.

 

 

6.Limiting the liability of the website administrator

Tessuto does not assume the obligation and does not guarantee implicitly or expressly, for the content of the site, respectively for the content provided by its partners or by the Users of the site. However, Tessuto will make all reasonable efforts to ensure the accuracy and professional manner in which the information will be provided on the site, in order to gain and maintain the trust of the Users on the site. In this sense, Tessuto will try to correct the reported errors and omissions as soon as possible.

The site administrator does not offer any guarantees for the site content and under no circumstances can he be held responsible for any loss or damage that could result from the use of any part/sequences/pages on the site or from the impossibility of using it, regardless of its cause or from the erroneous interpretation of any provisions of the site's content.

The information provided through the site is offered in good faith, from sources deemed reliable. If any of the published articles or any other information falls under the copyright law, we ask the Users to contact us at the e-mail address office@tessuto.ro, in order to be able to take the necessary measures. At the same time, Users must bear in mind that the information presented may include possible inaccurate information (eg: technical data or typing errors). The site administrator will do all the necessary diligence to correct these aspects as soon as possible.

Users understand and accept that Tessuto does not guarantee:

that the information contained on the site is completely complete;

that the information entered by the Website Users is real, correct and does not assume responsibility for the way visitors use them;

that the information or services on the site will satisfy all the Users' requirements, and for their inappropriate use, the Users assume full responsibility;

for the results obtained by the Users as a result of the use of the information or services available through the website, the use of the information and services is done by the Users at their own risk;

that the services available through the website will work constantly, without interruption, without errors - in this regard, Tessuto does not assume responsibility for any damages that the Users may have due to the temporary or defective functioning of the website or for the use of information obtained by using the links on the site to other sites (their use is at the discretion of the Users).

Also, the Users understand and accept the fact that Tessuto is not responsible for any inadvertences, errors or omissions in the information provided on the website by the Users. At the same time, Users understand and accept that Tessuto is absolved of any responsibility for the advertising messages posted on the website or through the services offered through the website, as well as for the goods or services provided by the authors of these advertising messages. In express terms, the Users of the website agree to exonerate Tessuto for any judicial or extrajudicial action, which comes as a result of the incorrect or fraudulent use of the website.

For cases of force majeure, Tessuto and/or its operators, directors, employees, branches, subsidiaries and representatives, is totally exempt from any responsibility. Cases of force majeure include, but are not limited to, operating errors of Tessuto's technical equipment, internet connection failure, telephone connection failure, computer viruses, unauthorized access to the Site's systems, operating errors, etc.

Users agree to defend and indemnify Tessuto and/or its operators, directors, employees, branches, subsidiaries and representatives from and against any demands, claims, actions, impositions, losses, damages, costs (including, without any of limitation, lawyers' fees), expenses, judgments, decisions, fines, regularizations or other obligations resulting from or related to any other action of the Users in connection with the use of the site or the services offered through it.

Tessuto does not offer any guarantee, either expressly or implicitly, regarding including, but not limited to, the operation of the website www.tessuto.ro, the information, content, materials or products on the website, as well as their suitability for a certain purpose. Users expressly agree that the use of this site and the application of the information is at their own risk.

 

 

7. Users' subscription to newsletters and alerts

The users of the site have the possibility to receive newsletters and alerts by electronic mail, with the possibility that the Users can opt at any time for the option of no longer receiving such notifications, with a single click on the unsubscribe link from the received newsletter/alert on the email explicitly entered when subscribing.

Due to the fact that access to the products offered through the site is achieved through an active account, therefore based on a username and password, we recommend to Users that these elements are not disclosed to third parties, even if they state that the website is contacting you.

Also, in order to ensure an increased level of security, at the end of the visit to the site, we recommend closing the browser window in which you worked or click on "Sign out"/"Log off" on the visited page.

 

 

8. Cookie policy

 

A cookie is a text file that contains small pieces of information sent to your browser and stored on your computer, mobile phone or other device when you visit a website. This cookie sends information back to the site whenever you revisit it.

Cookies can be permanent (known as persistent cookies), which remain on your computer until you delete them, or temporary (known as session cookies), which are only valid until you close your browser window. The cookies can be of the host party (first-party), which are configured by the site you are visiting, or of third parties, which are configured by a different site from the one you are visiting.

How does Tessuto use cookies?

We use cookies to improve the functionality of our sites, to help you navigate more efficiently from one page to another, to remember your preferences and, in general, to improve the user experience. The cookies we use on our websites can be from the following categories:

Strictly necessary cookies:

These cookies are essential for you to be able to navigate the site and use the services you have requested, such as accessing the secure areas of the site.

We use this type of cookies to manage user registration and authentication. Without these cookies, the services you requested cannot be provided. These cookies belong to the host party (first-party) and can be permanent or temporary. In short, our sites will not function properly without these cookies.

Performance cookies:

These cookies collect information about how visitors use a site, for example which pages are the most visited. These cookies do not collect information that identifies individual visitors. All information collected by these cookies is cumulative and anonymous.

We use these cookies to:

compile statistics about how our sites are used

measure the impact of our advertising campaigns.

These cookies can be permanent or temporary, of the host party or of third parties. In short, these cookies collect anonymous information about the pages visited and the advertisements viewed.

Cookies for functionality:

These cookies allow a site to remember things you choose (such as your username, language or country) and provide enhanced, more personal options. These cookies can also be used to provide services you have requested, such as watching a video or commenting on a blog. The information used by these cookies is anonymized and they cannot record your browsing activities on other sites.

 

We use these cookies to:

remember if you have already benefited from a certain service

improve your overall site-wide experience by remembering your preferences.

 

Cookies for advertising:

These cookies are used to limit the number of times you see an advertisement, as well as to measure the impact of advertising campaigns.

Advertising cookies are used to manage advertising across the site.

Advertising cookies are placed by third parties, such as advertising companies and their agents, and can be permanent or temporary cookies. In short, they are related to advertising services provided on our website by third parties.

 

Social cookies:

- these cookies are used by social networks (Facebook, Twitter, Google+, YouTube, Instagram, Pinterest, etc.) and allow the distribution of the content from www.tessuto.ro on the respective networks. Tessuto.ro does not control these cookies, so for more information on how they work, please check the pages of the social networks.

How to manage & delete cookies

If you want to restrict, block or delete cookies, you can do so by changing your web browser settings. The use of www.tessuto.ro without rejecting cookies or similar technologies denotes the visitors' consent to our use of such technologies and to the processing of information.

 

9. Billing and Payments

 

The price, payment method and payment term are specified in the Order. The Seller will issue an invoice to the Buyer for the Goods delivered, the Buyer's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.

For a correct communication of the invoice related to the Order, the Buyer has the obligation to update his Account data whenever necessary and to access the information and documents related to each Order existing in the Account.

By sending the Order, the Buyer expresses his consent to receive the invoices in electronic format by means of electronic mail, to the e-mail address mentioned in his Account.

 

10. Responsibilities

The Seller undertakes to ship the Goods and Services by door-to-door courier system to the Buyer.

The Seller releases himself from the risks and responsibilities associated with the Goods and Services at the time of their delivery to the internal courier company with which the Seller collaborates or to the Buyer's representative.

The Seller will ensure the proper packaging of the Goods and Services and will ensure the transmission of the accompanying documents.

The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods after delivery and in particular for the loss of the products. The Seller will be liable if its sub-contractors and/or partners of any kind involved in the execution of the Order do not fulfill any of the contractual obligations.

The seller does not assume responsibility for the product descriptions presented on the site. The images presented on the website are for example and the delivered products may differ from the images and descriptions displayed on the website in any way due to changes in features and design without prior notice. The seller reserves the right to supplement and change any information on the website without prior notice.

The seller does not guarantee the availability of the displayed products in stock, which is why he will have the right not to deliver part or all of a certain order if certain products no longer appear in the current offer or are not available.

If the prices or other details related to the products have been displayed incorrectly, including due to the fact that they have been incorrectly entered into the database, the Seller reserves the right to cancel the delivery of the respective product and notify the customer as soon as possible about the error occurred, if the delivery has not yet been made.

The seller is not responsible for damages caused as a result of the site not working, as well as for those resulting from the impossibility of accessing certain links published on the site.

The maximum amount of the Seller's obligations to any customer in the event of non-delivery or improper delivery is the amount of the amounts collected by the Seller from that customer.

The products sold on the site are intended for personal use, and their resale is strictly prohibited, according to the Fiscal Code.

 

11. Delivery of products

 

Delivery is not free and is done by express courier as described in the "Deliveries" section.

Our products are sometimes made to order, resulting in production and delivery times of up to 14 working days from the day the order is processed.

Orders are processed as soon as possible after placing the order, between Monday - Friday 10:00-18:00. In the case of orders placed outside business hours (Monday - Friday 10:00-18:00) or on weekends, they will be processed on the first working day. During holidays and sales periods, the delivery time may be extended.

If the package cannot be delivered (the recipient does not respond, the address you specified is wrong, etc.), you will be contacted by phone by the courier. If the recipient cannot be contacted, the parcels remain with the regional courier for 7 days, after which they return to the Sender.

We are not responsible for delayed shipments, loss, destruction, damage, non-delivery or mis-delivery of a shipment or part thereof if it is caused by the following situations/circumstances beyond our control, but not limited to:

– road blockages (falling trees, rocks, chain collisions), terrain surprises near the road;

– bridge falls, mountain tunnels blocking, train derailment near the road, natural blockages, unauthorized strikes, spontaneous regional riots, unfavorable weather conditions for the proper development of the proposed itinerary;

- natural causes: earthquakes, cataclysms, devastating storms, tornadoes, natural fires, floods, river overflows, river banks, etc.;

- human causes: state of war, state of siege, forced nationalization (passing into state ownership), revolutions, popular uprisings, etc.;

- non-compliance with orders by suppliers and third parties.

12. Acceptance

Acceptance will be made when the Goods comply with the technical characteristics mentioned in the Order. If the Buyer discovers that the delivered Products do not conform to the technical specifications, then the Seller will bring the Products into conformity. Also, for the products sold and delivered by Tessuto, the Buyer benefits from the return of the products within 14 days.

 

13. Transfer of Property

Ownership of the Goods will be transferred upon delivery, after payment has been made by the Buyer at the location indicated in the order (understood by delivery – the signature of receipt of the transport document provided by the courier or the signature of receipt on the tax invoice in the case of deliveries made by the Seller's staff) . In the case of delivery by courier, he is not authorized by the Seller to allow the Buyer to open the parcels before the delivery is signed, but only after the delivery is signed and the possible counter value has been paid.

 

14. Return of products

The buyer can request the return of the products in the following situations:

The parcels are severely damaged;

Products were delivered / invoiced incorrectly. The delivery of products other than those requested must be reported immediately. The buyer can request its return for a replacement, and if the product is no longer in stock, they can opt for a replacement or a full refund. If it is agreed to replace it with a product of a higher value, it will pay the difference, respectively if the value is lower, it will receive a partial refund up to the value of the replacement product. Return and shipping costs for the replacement product, if applicable, are borne by the customer.

The products have manufacturing defects;

The buyer has the right to notify the seller in writing that he is canceling the purchase, without penalty and without giving a reason, within 14 days of receiving the product. Also, in accordance with art. 7 para. 1 of OG 130/2000, the Buyer has the right to unilaterally terminate the distance contract, in writing, within 14 days from the date of receipt of the product/products, without penalties and without citing any reason. In this case, the direct costs of returning the products will fall, according to the law, to the Buyer.

Products must be returned in their original packaging, with the invoice attached, showing no signs of physical wear or damage.

Custom products cannot be returned. Please note that these products are created according to the configurations specified by you, so they cannot be exchanged or returned.

If a replacement with a product of a higher value is agreed, the Buyer will pay the difference, or if the value is lower, they will receive a partial refund up to the value of the replacement product. Return and shipping costs for the replacement product, if applicable, are borne by the Buyer. If the products whose return is requested have damaged or incomplete packaging, traces of wear, scratches, bumps, we reserve the right to decide to accept the return or to withhold an amount, the amount to be communicated after the assessment of the damages caused.

In the case of exercising the legal right to return the product, the reimbursement of its value will be made by bank transfer to the account indicated by the Buyer within 14 days at most from receiving the returned product.

 

15. Processing of personal data

In order to ensure the respect of the website users' right to the protection of personal data, we have implemented specific protection measures, taking into account Romanian legislation, as well as the requirements established by Regulation (EU) 2017/679 - applicable throughout the European Union starting from of May 25, 2018 ("the Regulation").

Personal data is any information by which you can be identified, in particular by an identifier such as a name, an identification number, location data, an online identifier or one or more related elements with your physical, physiological, genetic, psychological, economic, cultural or social identity.

Our company takes all necessary measures to ensure compliance with your right to the protection of personal data, and these conditions represent the notification established by art. 13 or 14 of the Regulation explaining why we collect your personal data, how we protect this data, and what your rights are in relation to this data collection.

We encourage you to read the document carefully and ask us for any additional information or clarification you deem necessary regarding the content of this disclosure.