Terms and Conditions of Use

EACH USER IS REQUIRED TO READ CAREFULLY THE FOLLOWING CONDITIONS BEFORE PROCEEDING TO BROWSE THE SITE.

Browsing the Site is subject to the terms and conditions of use set forth in paragraph 16 below (the "Terms and Conditions of Use"). Access to the Site implies unconditional acceptance of the following Terms and Conditions of Use. Any online purchases made through the Site are subject to acceptance of the relevant Terms and Conditions. If the User does not agree with the Terms and Conditions of Use and/or the General Conditions of Sale, the User is requested to leave the Site immediately.

The distance selling and related product billing through the website https://drapersitaly.it/ (the "Site") are managed by Drapers S.r.l, headquartered in Bologna - 40128, via Di Corticella 184/9, Tax Code and VAT No. 00281850370, registered in the Companies' Register of Bologna, R.E.A. BO-116940, operating as a wholesaler, in the textile supply chain ("Drapers"), a wholly owned subsidiary of the company Lanificio Vitale Barberis Canonico S.p.A. VAT No. 00154970024 based in Valdilana - Loc. Pratrivero (BI). Drapers is the exclusive owner of the Site.

For any information concerning orders, shipments and, more generally, purchases, it is possible to contact the "customer care" service of Drapers (the "Customer Service"):

GENERAL CONDITIONS OF SALE

Effective date: 3rd July 2023

  1. ACCEPTANCE OF THE GENERALE CONDITIONS OF SALE 
    1. These general conditions of sale (the "General Conditions of Sale") apply to all sales made by Drapers through the Site and/or other purchasing channels (including, but not limited to, through agents). The distance selling governed by the Terms and Conditions of Sale is reserved for: (i) consumers (the "Consumer User" and in plural the "Consumer Users"), understood as 'natural persons' acting for purposes not referable to their own commercial, entrepreneurial, craft or professional activity possibly carried out, over 18 years of age (or, if minors, authorized by the person exercising parental responsibility); (ii) professionals (the "Business User" and in plural the "Business Users"), understood as natural persons and/or legal entities acting for purposes referable to their own commercial, entrepreneurial, craft or professional activity possibly carried out. The Consumer User and the Business User are jointly defined as the "User" and in the plural as the "Users".
    2. The offer and sale of fabrics and accessories (collectively, the "Products") through the Site constitute a distance contract. If the purchase of the Products is made by the Consumer User, the regulations contained in Legislative Decree 6 September 2005, no. 206, as subsequently amended (the "Consumer Code") and Legislative Decree 9 April 2003, no. 70, in implementation of Directive 2000/31/EC (the "Regulations on Electronic Commerce") shall apply. If the purchase of the Products is made by the Business User, the regulations contained in the Civil Code and the Regulations on Electronic Commerce shall apply.
    3. By placing an order in the manner provided under the General Conditions of Sale, the User declares that he/she has read all the information provided during the purchase process and fully accepts the General Conditions of Sale. 
    4. The General Conditions of Sale are published on the Site in order to allow their knowledge as well as storage and reproduction by the User in accordance with current legislation. Drapers reserves the right to unilaterally amend the General Conditions of Sale should new laws and regulations be introduced or in the event of changes to the business model adopted by Drapers. In such a case, Drapers will: (i) post the amended and updated version of the General Conditions of Sale on the Site; and (ii) send an automated email to Users informing them that the General Conditions of Sale have been amended and updated. In any event, Users are encouraged to consult the General Conditions of Sale on a regular basis. The purchase of Products through the Site after the date on which such changes were made implies the User's acceptance of the updated version of the General Conditions of Sale. If the User does not accept such changes, the User is requested not to purchase Products through the Site. The purchase of Products is governed by the General Conditions of Sale in force at the time the User sends the order to Drapers. 
  2. REGISTRATION ON THE SITE
    1. The User may purchase Products through the Site only through prior free registration with the Site. 
    2. The User Consumer must fill out the appropriate form, available at the following link https://drapersitaly.it/gb-en/account/signup/, by entering the following information: (i) first name; (ii) last name; (iii) an e-mail address; and (iv) a password, by clicking on the appropriate "Register" button. Drapers will notify the User Consumer of successful registration with the Site via an automatic confirmation e-mail to the e-mail address provided by the User Consumer during registration.
    3. The Business User must fill out the appropriate form, available at the following link https://drapersitaly.it/gb-en/b2b/account/signup/ by entering the following information: (i) administrative details; (ii) billing details; (iii) shipping address; (iv) the type of services and products offered by the Business User; and (v) information to support Drapers' marketing department, by clicking on the appropriate "Submit Request" button. Once the form is received, Drapers will evaluate the Business User's request for registration at its absolute discretion. If the evaluation results in a positive outcome, Drapers will: (i) enter the aforementioned data to master data and in the relevant management system; and (ii) notify the Business User of the successful registration to the Site through a confirmation e-mail to the e-mail address provided by the Business User during registration.
    4. By registering on the Site, the User can: (i) save the e-mail address, shipping address and telephone number; and (ii) view the order history of the Products purchased through the Site. The User Consumer also can, as well, manage his/her personal details and update them at any time, with the exception of the e-mail address, for which it is necessary to contact one of the Customer Service Channels to change it and only in exceptional cases.
    5. The User certifies that the information provided during the registration process to the Site, or subsequently in the event of a change, is correct, true, complete, and up-to-date and agrees to hold Drapers harmless and indemnified from any damages, costs, indemnification obligations, and/or penalties arising out of, or in any way related to, the incorrect, untrue, or out-of-date indication of their personal data.
    6. The User also agrees to promptly inform Drapers in the event of any changes to the information provided at the time of registration. 
    7. The User acknowledges and agrees that: (i) the login credentials for the personal area of the Site are personal and non-transferable to third parties; (ii) all purchases made using the login credentials are attributable to the User; and (iii) Drapers will contact the User using the information provided at the time of registration with the Site, as eventually modified.
  3. EXECUTION OF THE CONTRACT 
    1. In accordance with applicable law, Drapers informs the Consumer User that:
      1. the order form that the User Consumer fills out and sends to Drapers in the electronic format (the "B2C Order Form"), following the instructions from time to time on the Site, is to be considered an irrevocable purchase contract proposal addressed to Drapers for the Products listed therein;
      2. the User may modify the B2C Order Form up to the time it was submitted to Drapers in the manner specified on the Site;
      3. once received the B2C Order Form, Drapers sends to the User Consumer, at the email address indicated during registration, a message confirming the purchase (the "Confirmation E-mail"), in which the following information is specified: (i) information relating to the Product that is subject of the order; (ii) a detailed indication of the price and any shipping costs; (iii) the link https://drapersitaly.it/gb-en/terms-and-conditions/ to the General Conditions of Sale, and (iv) the link (https://drapersitaly.it/gb-en/faq/) to the FAQs and the link to the information on the right of withdrawal (https://drapersitaly.it/gb-en/resi/), as more fully regulated in Article 8 of the General Conditions of Sale.
    2. In accordance with applicable law, Drapers informs the Business User that:
      1. the order form that the Business User completes and sends to Drapers electronically or in any other manner permitted in accordance with the provisions of these General Conditions of Sale (the "B2B Order Form") (the B2C Order Form and the B2B Order Form are jointly referred to as the "Order Form") is deemed to be an irrevocable purchase contract proposal addressed to Drapers for the Products listed therein;
      2. once received the B2B Order Form, Drapers sends to the Business User, at the e-mail address indicated during registration, an automatic e-mail confirming receipt of the order (the "Order Receipt E-mail"), in which the following information is specified: (i) information about the Product that is the subject of the order; and (ii) the shipping and billing address;
      3. after checking the actual availability of the Products that are the subject of the order, Drapers shall send the Business User the Confirmation E-mail, which shall be deemed as acceptance of the proposal received, in which the following information is specified: (i) the information relating to the Product that is the subject of the order; (ii) the indication of the price of the Product; (iii) the link to the General Conditions of Sale, (iv) the payment methods and terms; and (v) the shipping and billing address. In the event that the Products that are the subject of the order become unavailable, Drapers shall inform the Business User about the scheduled date of restocking of the Products and the parties shall agree, from time to time, on the new order;
      4. lastly, following shipment of the Products that are the subject of the order, Drapers shall send the Business User a tracking e-mail (the "Tracking E-mail"), containing a tracking link, through which the Business User can monitor the status of the shipment.
  4. INFORMATION RELATING TO PRODUCTS AND AVAILABILITY OF PRODUCTS
    1. Drapers agrees to deliver to the User the Products confirmed in the Confirmation Email, with the information described on the Site and set forth in the Confirmation Email. Drapers reserves the right to vary the Products placed for sale on the Site at any time, without prior notice to the User.
    2. Within the Site, each Product is accompanied by an information sheet illustrating its main characteristics. The User acknowledges and accepts that the images of each Product published on the Site are for illustrative purposes only and may not be perfectly faithful to the characteristics of the Product itself (for example, in terms of color, fabric rendering and type of material used). Although Drapers constantly takes measures to ensure that the images on the Site reproduce as closely as possible the original Products and fabric rendering, any variations determined by the photographic rendering of the Product shall not be considered defects in conformity of the Product within the meaning of Article 10. Hence, Drapers shall not be liable for any differences found by the User with respect to the images of the Products posted on the Site if due to such variations.
    3. The User acknowledges and accepts that the Products offered for sale by Drapers on the Site are manufactured in limited quantities and is therefore aware that Drapers shall check their availability at the time of purchase. In addition, since the Site may be visited contemporary by multiple Users, it may happen that several Users make, at the same instant, the purchase of the same Product and that, therefore, the Site signals as available a Product that is actually no longer available. In this case, Drapers will promptly inform the User via e-mail of the unavailability of the Product, and it will offer a refund of any amount already paid which will be re-credited to the Users method of payment, in the time and methods, from time to time, agreed between the User and Drapers. 
    4. The sample collection is delivered to the Business User on consignment depending on the type of purchase and remains the exclusive property of Drapers. The sample collection must be kept and returned in the same state in which it was received as soon as Drapers requests it. Fabric samples submitted in the bunches must not be cut or otherwise damaged. It is strictly forbidden to alienate or assign to third parties, for any reason whatsoever, the samples received or claim distinctive marks and/or other intellectual property rights over the same. Drapers reserves the right to seek reimbursement of the cost of any damaged samples. Samples represent the fabrics but the fabrics ordered will not necessarily belong to the same piece or bath of fabric from which the sample is taken, as they may, in such cases, have minor nuances or diversities that do not constitute dissimilarity or defect in the fabric but are intrinsic characteristics due to the processes of spinning, dyeing, ennobling, and any other process involved in the making of the same by the manufacturer/supplier of Drapers.
  5. PURCHASE PROCEDURE 
    1. To place an order, the Consumer User must:
      1. log in to the Site; 
      2. authenticate on the Site by entering their credentials created during the registration phase, as better defined in Article 2.2 of the General Conditions of Sale; 
      3. select the desired Products after carefully examining their characteristics by entering them in the appropriate section of the Site (the "Cart ") by clicking on the relevant icon; 
      4. view and accept the estimated contribution for any delivery costs; 
      5. where necessary, change the type and/or quantity of the Products in the Cart, using the appropriate controls in the Cart section; 
      6. confirm the summary of the Order Form including any delivery charges, having reviewed the General Conditions of Sale; 
      7. select the desired payment method, as better defined in Article 6 of the General Conditions of Sale, and send the Order Form by clicking on the relevant button. From this moment, the order will no longer be modifiable.
    2. The Business User may place an order, alternatively:
      1. via the standard order mode. In this case, the Business User shall (i) access the Site, proceeding to authentication on the Site by entering its credentials created during the registration phase, as better defined in Article 2.2. of the General Conditions of Sale; (ii) select the desired Products after carefully examining their characteristics, placing them in the Cart, by clicking on the relevant icon; (iii) view the price of the desired Products; (iv) where necessary, change the type and/or quantity of the Products in the Cart, using the appropriate commands present in the Cart section; (v) confirm the summary of the Order Form, having reviewed the General Conditions of Sale;
      2. via the quick order mode (available at the following link https://drapersitaly.it/gb-en/b2b/rapid-orders/. In this case, the Business User shall (i) access the Site, proceeding to authenticate on the Site by entering its credentials created during the registration phase, as better defined in Article 2.2. of the General Conditions of Sale (ii) upload the .xls file of the template containing the list of the Products object of the order or by filling in the relevant quick order form. 
    3. Once the Order Form has been submitted, the Consumer User has the opportunity to verify the order summary within its reserved area in the appropriate section (the "Order Section") in which Drapers indicates to the Consumer User: (i) the Product purchased, specifying the type of Product (type of fabric, quantity and square footage); (ii) the price of the Product and the relevant delivery costs; and (iii) the shipping address indicated by the Consumer User in the Order Form.
    4. Once the Order Form has been submitted, the Business User has the opportunity to check the order summary within its private area in the Orders Section, where Drapers indicates to the Business User: (i) the Product purchased, specifying the Product type (fabric type, quantity and square footage); and (ii) the Product price and related delivery charges.
  6. PRICES AND PAYMENT METHODS 
    1. The prices of the Products:
      1. for the Consumer User, are published on the Site and are expressed in Euros and are understood as including VAT;
      2. for the Business User, are published on the Site and are expressed in Euros and are not intended to include VAT. 
    2. For the Consumer User, the total amount of the price shown in the Cart includes any shipping costs, which will be shown separately. Any additional costs, if any, will be specified on the Site before the User sends the Order Form to Drapers.
    3. Drapers reserves the right to change the price of the Products, at any time, without prior notice, being understood that the price charged to the User shall be the price shown on the Site at the time the Order Form is sent and that any change (upward or downward) after the transmission of the Order Form shall not be taken into account. 
    4. Payments shall be made at the seller’s domicile and the User shall be charged the prices published on the Site and shown on the Shopping Cart at the time the Order Form is sent, provided that there is availability at that time of the Products ordered.
    5. For the Consumer User, the payment of the price in favor of Drapers can only be made by one of the methods indicated by Drapers in the purchase procedure and summarized below: credit and/or debit cards and PayPal.
    6. For the Business User, the payment of the price of the Product in favor of Drapers shall be made by the following methods, alternatively: (i) credit cards; (ii) invoicing (with payment by bank transfer, check, credit cards, cash on delivery, and any other method agreed upon by the parties), the payment term is due within 60 days from the invoice date, unless otherwise agreed, from time to time, between Drapers and the Business User; and (iii) any advance payment, according to the methods agreed, from time to time, between Drapers and the Business User. In case of non-compliance with the agreed payment deadline, Drapers reserves the right to send a warning letter to the Business User and default interest will be automatically applied, pursuant to Article 1284 of the Italian Civil Code, calculated on the basis of the legal rate from the date on which the payment would have been due until the date of actual collection by Drapers. In the event that the Business User fails to make payment within the terms set forth in the relevant warning letter, Drapers may request judicial enforcement of the credit claimed against the Business User. Moreover, the right of Drapers to cancel or suspend the unpaid order or other orders of the same User that may be in progress, until the payments are settled, shall remain unaffected.
    7. The Business User acknowledges and accepts that the shipping costs: (i) are set forth in the relevant price list, available at the following link https://drapersitaly.it/gb-en/shipping/; and (ii) shall be paid in favor of Drapers, according to the terms separately agreed upon in writing, from time to time, between the Parties. In the event that the relevant price list does not indicate the approximate amount of shipping costs with reference to the delivery country of the Business User, the Business User shall contact his/her sales contact.
    8. The transaction is charged to the Consumer User only after: (i) verification of the credit card information, (ii) receipt of the debit authorization from the company issuing the credit card used by the User, and (iii) Drapers sending the User the Confirmation Email. 
  7. DELIVERY OF THE PRODUCTS AND RELATED EXPENSES
    1. Delivery of the Products purchased on the Site: (i) is made to all countries indicated at the following link https://drapersitaly.it/gb-en/shipping/; and (ii) is made by delivery, by courier (alternately: DHL or FedEx depending on the destination), to the shipping address indicated by the User in the Order Form.
    2. Contribution to transportation costs may be applied to each shipment, which will vary depending on the size of the order and the weight of the Products. In the event that the delivery address is incorrectly provided, the User will be responsible for the cost of re-shipment. 
    3. Average shipping times will be indicated on the Site at the following link https://drapersitaly.it/gb-en/shipping/ at the time of purchase of the Product and may vary, from time to time, depending on the country where the Product purchased on the Site is destined.
    4. At the time of shipment of the Product purchased, the User will be able to monitor the shipment of the Product by logging in with their credentials within their private area, in the "Orders" section.
    5. Any delivery terms shall be deemed to be met with the provision of the Products to the carrier and shall be deemed satisfied with a 15-day grace period. In the event of delay in delivery, the parties shall reach an amicable settlement in good faith. Ownership of the Products, unless otherwise agreed in writing, shall be deemed transferred to the Business User only upon full payment of the price of the Products, including accrued interest and any other amount due. The Products will travel at the Business User's risk even if the carrier is chosen by Drapers. The Business User will provide at its own expense any insurance for risks that may occur during transport.
  8. RIGHT TO CANCEL 
    1. The User Consumer may return the Product purchased through the Site within 14 (fourteen) days from the date of delivery of the Product. In the case of orders involving deliveries at different times, the 14 (fourteen) days run from the date on which the User receives delivery of the last Product.
    2. In order to return the product, the Consumer User must:
      1. contact Customer Service, by sending an email to customercare@drapersitaly.it, enclosing the form to return the Product, available at the following link https://drapersitaly.it/public/media/modulo-recesso-drapers.pdf, fully completed. Once the form has been submitted, the User Consumer will receive an email from Customer Service, containing (i) the return label; (ii) the return request number and; (iii) the instructions for returning the Product;
      2. pack the Product in its original packaging with the appropriate return label; 
      3. Contact the courier for pickup, as outlined in the instructions that will be provided by Customer Service, within 14 days from the date of sending the e-mail with the return label.
    3. In all cases, the Product must be returned in the same condition in which it was received. The User Consumer must therefore ensure that the Product is intact and complete, never used, worn or damaged in any way, and that it is returned in its original packaging, accompanied by all the labels with which it was received
    4. The refund of the price of the returned Product shall be made by Drapers within 14 days after the date of receipt by Drapers of the return notice. The refund shall not be due or may be less than the price paid by the User Consumer for the Product if the returned Product is not intact and returned in its original packaging, complete in all its parts. Drapers will not reimburse the User Consumer for additional shipping costs if the User Consumer has chosen a shipping method other than the least expensive shipping method offered by Drapers. 
    5. The aforementioned refund shall be made by re-crediting the amount paid by the User Consumer to be made with the same payment method used for the purchase, unless the User Consumer has expressly agreed otherwise and provided that the User Consumer shall not incur any costs as a consequence of the refund.
  9. LEGAL GUARANTEE OF CONFORMITY
    1. All Products sold through the Site exclusively to the Consumer User are covered by the legal guarantee of conformity provided for in articles 128-135 of the Consumer Code (the "Legal Guarantee"). The Legal Guarantee is exclusively reserved for consumers. It, therefore, applies only to Consumer Users and not to Business Users. 
    2. Under the Legal Guarantee, Drapers is liable to the Consumer User for any lack of conformity existing at the time of delivery of the Product, provided that the lack of conformity has become apparent within the term of 2 (two) years from the delivery of the Product.
      1. Unless proven otherwise, it shall be presumed that conformity defects arising within 12 (twelve) months after delivery of the Product already existed on the date of delivery, unless such assumption is incompatible with the nature of the Product or the nature of the conformity defect. As of the thirteenth month following the delivery of the Product, it is the burden of the Consumer User to prove that the lack of conformity already existed at the time of delivery of the Product. 
      2. In order to take advantage of the Legal Guarantee, the Consumer User must provide, by filling out the relevant form in the "Contact" section of the Site or directly on the page of the Site relating to the Product purchased: (i) proof of the date of purchase and delivery of the Product, attaching the Confirmation Email that Drapers sends him/her or any other document that can attest that the purchase took place through the Site and the date of delivery; and (ii) an accurate and complete description of the alleged defects or faults; and (iii) photos of the Product, highlighting the reported lack of conformity.
    3. This Article 9 of the General Conditions of Sale shall not apply if the Product is purchased by the Business User.
  10. WHAT IS A DEFECT OF CONFORMITY
    1. Pursuant to Article 129 of the Consumer Code, the Product purchased by the Consumer User has a lack of conformity when: 
      1. it is considered not suitable for the use for which normal goods and products of the same type are habitually used; 
      2. it does not conform to the description made by Drapers on the Site, it being understood that any imperfections in color due to photographic rendering shall not be considered defects in conformity as better specified in Article 4.2 of the General Conditions of Sale; 
      3. it does not have the usual qualities of a good of the same type, which the Consumer User may reasonably expect, taking into account also the claims made in advertising or labeling; 
      4. it is not suitable for the particular use desired by the Consumer User, provided that the Consumer User has disclosed such particular use to Drapers prior to purchase and Drapers has expressly confirmed or agreed to such particular use. 
    2. Therefore, any defects or problems that have occurred as a result of accidental events or arising from the Consumer User's responsibility or from use of the Product not in accordance with its intended use are excluded from the scope of the Legal Guarantee.
  11. REMEDIES AVAILABLE TO THE CONSUMER USER
    1. In the event that Drapers receives a report about a lack of conformity, in compliance with the terms set forth in Article 9.2 of the General Conditions of Sale above, the Consumer User shall be entitled to: 
      1. have the product repaired or replaced, with costs fully borne by Drapers, unless the requested remedy is objectively impossible or excessively expensive; 
      2. a reasonable price reduction or refund of the price paid.
    2. Drapers shall refund to the Consumer User the price of the Product if it cannot be repaired or replaced because repair or replacement would impose unreasonable expenses on Drapers taking into account: (i) the value of the Product, (ii) the extent of the defect, (iii) the inconvenience caused to the Consumer User in the event of a refund.
    3. This Article 11 of the General Conditions of Sale shall not apply if the Product is purchased by the Business User.
  12. WHAT TO DO WHEN FACING A CONFORMITY DEFECT
    1. In the event that a Product purchased on the Site by the Consumer User has a conformity defect, during the period of validity of the Legal Guarantee, the User may: (i) fill out the appropriate form in the "Contact" section of the Site describing the defect found and supporting the report with a copy of the proof of purchase and photographs of the defect on the Product or (ii) contact one of the Customer Service Channels, including through the "Information" function in the relevant tab of the Product purchased on the Site. Customer Service will provide further instructions for the return of the Product.
    2. After Drapers has received the defective Product, Drapers will repair or replace the Product as soon as possible and in any event within 30 days from the date of receipt of the defective Product. In the event that the replacement or repair is not completed within this period, the Consumer User may request one of the alternative remedies under the Legal Guarantee (replacement, if repair was requested; repair if replacement was requested; refund). 
  13. DEFECTIVE PRODUCTS PURCHASED BY THE BUSINESS USER
    1. The Business User, upon delivery of the Product, is required to check in detail the conformity and characteristics of the Product. 
    2. In the event that the Product is seriously damaged and/or does not comply with what is indicated on the Site, the Business User shall not accept the damaged Product, noting in the relevant delivery note the nature of the defect found. In any case, the report of the defect must be made no later than 8 (eight) days after delivery of the Product, otherwise the Product will be considered without defects, without prejudice to applicable laws.
    3. Pursuant to the General Conditions of Sale, the following shall not be considered defects and/or faults: differences in the fabric of the Product with respect to the sample viewed, which are attributable to intrinsic features of the fabric of the Product (color bath, belonging to different pieces of the sample and cut shipped, weaving technique, spinning, finishing, etc).
    4. In the event that the defect has been reported, in compliance with the terms set forth in Article 13.4 of the General Conditions of Sale above, upon return of the Products to the sender at Drapers' expense, and only in the case of fabrics received intact, not processed, nor cut or packaged, the Business User shall be entitled: 
      1. to the repair or replacement of the same at Drapers' full cost, unless the remedy required is objectively impossible or excessively expensive; 
      2. alternatively, the Business User shall be entitled to a reasonable reduction of the price or a refund of the price paid in the manner agreed with Drapers from time to time.
    5. Drapers shall refund to the Business User the price of the Product if it cannot be repaired or replaced because repair or replacement would impose unreasonable expense on Drapers taking into account: (i) the value of the Product, (ii) the extent of the defect, (iii) the inconvenience caused to the Business User in the event of a refund. 
    6. In the event that a Product purchased on the Site by the Business User has a defect, the Business User may: (i) fill out the appropriate form in the "Contact" section of the Site describing the defect found and supporting the report with a copy of the proof of purchase and photographs of the defect on the Product or (ii) contact one of the Customer Service Channels, including through the appropriate "Information" function in the relevant tab of the Product purchased on the Site. Customer Service will provide further instructions for the return of the Product. 
    7. Drapers will repair or replace the Product as soon as possible following receipt of the defective Product and in any event within 30 days from the date of receipt of the defective Product. 
  14. COMPLAINTS AND REQUEST FOR INFORMATION
    1. For any complaints, further information or assistance relating to the Site or the purchase process and, in any case, for any request for information and/or clarification regarding anything stated in these General Conditions of Sale, Users may contact one or more of the Customer Service Channels.
  15. INTELLECTUAL PROPERTY 
    1. The content published on the Site (including but not limited to: text, images, trademarks and all other distinctive signs reproduced on the Site) is the property of Drapers or the respective owner. 
    2. Any unauthorized reproduction or use of the contents of the Site is strictly prohibited.
    3. Users following the execution of the distance sale are not authorized to use the trademarks, names, distinctive signs and/or other intellectual and industrial property rights of Drapers and its suppliers who remain the only and exclusive owners of the same. The disposal of the Products does not imply any assignment or license of intellectual and industrial property rights, and any use of the trademarks, distinctive signs, and any other intellectual and/or industrial property rights by Users must be authorized in writing by Drapers and/or the respective holders of the rights. 
    4. The User is required not to harm the fame, prestige and decorum of the trademarks of Drapers and its suppliers. In particular, the User who is authorized to use the distinctive signs of Drapers and/or its suppliers in conjunction with its own goods is required to manufacture the final products and provide the services by undertaking to conform its production or services to the substantive, technical and qualitative characteristics imposed by the respective owners of the distinctive signs so that no deception will result in relation to the characteristics of the Products or services judged essential in the appreciation of the relevant public. The User when authorized in writing to use the trademarks and/or distinctive signs of Drapers and its suppliers expressly undertakes to use and/or produce and/or supply final products or services equal to the corresponding ones put on the market or provided in the territory by the respective holders of the intellectual and industrial property rights, in order to avoid their forfeiture for misleading and/or deceptiveness.
    5. In the event that Drapers and/or its suppliers agree in writing to license some or all of its intellectual and/or industrial property rights they will take care to carry out the appropriate controls regarding the manner of use and compliance of the use itself with the conditions specified above. This control will cover all aspects relating to the qualitative characteristics of the final product and/or service and compliance with the obligations undertaken also in order to avoid the forfeiture of the trademark. Users agree as of now to make themselves available to Drapers and its suppliers to facilitate the exercise of this right.
    6. Users are prohibited from depositing and/or using, trademarks and/or distinctive signs and/or other intellectual and industrial property rights equal to or confusable with or associated with those that may be licensed in writing or, otherwise, likely to mislead or confuse the relevant public. 
    7. Users agree to (i) not to use the trademarks and any other intellectual and/or industrial property rights of Drapers and/or its suppliers in advertising, window decals, promotional materials, press and/or media releases and/or other form of communication, in written and/or oral, electronic and any other form, in the absence of the prior consent of Drapers and/or its suppliers expressed in writing; (ii) not to associate, in any way, its logos with the trademarks of Drapers and its suppliers, without the prior written consent of Drapers and their respective owners; and (iii) to promptly notify Drapers and/or their respective owners in writing of any actual or potential counterfeiting incidents of which it has become aware, providing all relevant details and refraining from making any statements to third parties in this regard.
  16. TERMS OF USE OF THE SITE AND LIMITATION OF LIABILITY
    1. The User may use the Site and any of its contents only in compliance with these Terms and Conditions of Use and the General Conditions of Sale. Therefore, the contents of the Site may not under any circumstances be used for any purpose other than purchase and browsing, including but not limited to distribution, modification, reproduction, transmission or dissemination, without the prior written consent of Drapers.
    2. Drapers shall not be liable, except in cases of willful misconduct or gross negligence, for any damages resulting from browsing the Site or, including interruption of service, inaccessibility to the Site, presence of links to external sites, viruses, malware, or any other incident or damage related in any way to the use of the Site.
    3. The User is solely and exclusively responsible for the use of the Site and its contents. In fact, Drapers shall not be held responsible for the use of the Site and its contents by each of its Users that does not comply with the applicable laws, without prejudice to the liability of Drapers for willful misconduct and gross negligence. In particular, the User will be solely and exclusively responsible for the communication of information and data that are incorrect, false or relating to third parties, without their consent, as well as in consideration of the incorrect use of the same. 
    4. Drapers does not guarantee that the content of the Site is appropriate or lawful in every country. The User accesses and navigates the Site at his/her sole responsibility.
    5. Drapers does not guarantee that the Site will operate continuously, without interruption and/or that errors or defects will be corrected. If the User encounters a problem using the Site is requested to contact Drapers promptly. Before contacting Drapers, the User is requested to verify that any technical problems in navigating the Site do not depend on their Internet service provider or device being used. 
    6. Drapers will make every effort to ensure that the content of the Site is accurate and does not contain any incorrect or obsolete information. However, Drapers makes no warranty, implied or express, as to the correctness, currency, accuracy, or completeness of the information posted on the Site, or as to the suitability of the Site for any particular purpose.
    7. Drapers has also taken all reasonable technical and organizational security measures to ensure that the Site and its contents are free from viruses, and to protect the integrity of data and electronic communications in order to prevent unauthorized use of or access to data, as well as to prevent risks of dissemination, destruction and loss of confidential and non-confidential data and information regarding Users of the Site. Nevertheless, except to the extent of Drapers' willful misconduct or gross negligence and subject to applicable law, Drapers shall in no event be liable to the User for any damages arising out of the use of the Site and/or the Content, including, without limitation, but not limited to, liability for: (i) any loss or corruption of data, (ii) loss of or damage to User's computer equipment, (iii) any loss or damage not foreseeable by User or Drapers, or (iv) any loss or damage suffered by User as a result of User's failure to take reasonable precautions against such loss or damage, such as through the installation of appropriate anti-virus software. 
  17. PRIVACY
    1. Drapers processes personal data provided by the User through the Site in accordance with the privacy policy, available at the following link https://drapersitaly.it/gb-en/privacy-policy/.
  18. APPLICABLE LAW AND JURISDICTION – ALTERNATIVE DISPUTE RESOLUTION
    1. These General Conditions of Sale, Terms and Conditions of Use (cumulatively the "Terms"), as well as the validity, interpretation, performance and termination thereof, shall be governed by Italian law. Any dispute that may arise between the Consumer User and Drapers in relation to the validity, interpretation, execution and termination of the Terms or of each contract shall be the exclusive jurisdiction of the Court of the place of residence or domicile of the Consumer User, if located in the territory of the Italian State.
    2. This is without prejudice to the application to the Consumer User who does not have his or her habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which the Consumer User has his or her habitual residence, in particular in relation to (i) the deadline for exercising the right of withdrawal, (ii) the deadline for returning the Product, in the event of the exercise of such right, (iii) the methods and formalities for communicating the same and (iv) the Legal Guarantee.
    3. Pursuant to Article 141-sexies, paragraph 3 of the Consumer Code, Drapers informs the Consumer User that in the event that he or she has filed a complaint directly with Drapers, as a result of which it has nevertheless not been possible to resolve the dispute thus arising, Drapers shall provide information regarding the Alternative Dispute Resolution entity or entities for the out-of-court resolution of disputes relating to obligations arising from a contract concluded under these Conditions (ADR entities, as referred to in Articles 141-bis et seq. of the Consumer Code), stating whether or not it intends to use such bodies to resolve the dispute itself. Drapers also informs the Consumer User that a European platform for online resolution of consumer disputes (the "ODR Platform") has been established. The ODR Platform can be accessed at http://ec.europa.eu/consumers/odr/. Through the ODR Platform, the Consumer User can consult the list of ADR entities, find the link to the site of each of them, and initiate an online dispute resolution procedure for the dispute in which he or she is involved. In any event, the Consumer User's right to take the dispute arising from these General Conditions of Sale to the competent ordinary jurisdiction, whatever the outcome of the out-of-court settlement procedure, as well as the possibility, where the prerequisites are met, to initiate an out-of-court settlement of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis of the Consumer Code, are unaffected.
    4. For any cross-border dispute relating to the application, execution and interpretation of these Conditions, a person who habitually resides or is domiciled in a member state of the European Union other than Italy may introduce the European procedure established for small claims, governed by Regulation (EC) No. 861/2007, before the competent court, provided that the value of the dispute does not exceed, excluding interest, fees and expenses, Euro 5,000.00 on the date on which the competent court receives the application form. The text of the Rules can be found at https://eur-lex.europa.eu/eli/reg/2007/861/oj. 
    5. Any dispute arising between the Business User and Drapers in connection with the validity, interpretation, performance and termination of the Terms or each contract shall be the exclusive jurisdiction of the Court of Bologna.
  19. FINAL PROVISIONS
    1. Drapers' commitment, including the delivery date, is undertaken: (i) except in the event of unforeseeable circumstances or force majeure preventing the fulfillment or delaying the execution of the order; (ii) subject to the timely delivery of the raw materials required for the order's packaging.
    2. In light of the present international situation, Drapers reserves the right to terminate the contract if the raw materials and the Products themselves are subject to embargoes or restrictions of any kind. Consequently, the Business User waives any claim in this regard and the obligation of deferred delivery is excluded.
    3. In the event of the imposition of new duties, or an increase in any existing duties, on the materials required for the packaging or the imposition of any other charge by the competent authorities, arising in the period between the execution of the contract and the actual delivery of the Products, Drapers shall not be required to fulfill the contract unless it is awarded a price increase proportional to the increased charge against it.

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