Before starting, we invite you to carefully read these general conditions which apply to all online transactions.
1. The contract with Drapers s.r.l.:
The subject of this contract is the fabrics sold by DRAPERS SRL with sole shareholder and headquarters in Bologna, Via Bonvicini, 9, Tel. +39 051 63 10 278, Mail. firstname.lastname@example.org, VAT no. 00281850370, registered in the business register of Bologna no. REA 116940, which operates as a wholesaler for high-quality fabrics.
Procedure for purchasing and implementation of the contract
If you would like to buy our products online, you can select individual items from the appropriate page and place them in the shopping basket. The basket can be checked at any moment before the actual purchase confirmation, and can be modified until such confirmation by adding or deleting products. It is also possible to check the individual prices and the quantity of items in the shopping basket. Once you have checked the contents of the basket against what you have chosen, you can conclude your purchase by clicking on “Buy”. You will be asked to confirm the delivery and invoicing address(es) and an email address to which the order confirmation and the payment modality should be sent. You will receive an automatic order confirmation. If you agree with such confirmation, you simply click on “Buy now”, agreeing that, from that moment on, the order is confirmed and can no longer be changed.
Please take every measure to protect your credentials and password for our website, for which you are the only authorised parties, and to immediately communicate their possible loss or unauthorised use thereof. Such communication is made in your own interests inasmuch as any operations carried out using your credentials will be considered to have been executed by you and consequently will be referenced and charged to you.
Upon conclusion of the purchase and payment of the required price, the contract comes into force and the present conditions are considered to have been accepted by you, except in the case of your withdrawal from the contract.
In the case of payment made by bank transfer, the contract comes into force when the payment is credited to the vendor’s bank account.
Once the purchasing procedure is completed, you will receive an order confirmation by means of email to the email address you have supplied. Should you not receive such confirmation within ………. hours, please contact us to verify the status of your order. The order confirmation includes an order number by which you can track your order during delivery.
2. Shipping, place and delivery times for orders:
Orders are dispatched by Drapers s.r.l. to the address supplied by the customer using the vendor’s chosen courier. Shipping costs shall be met by.............. In the event the address supplied is incorrect, the extra transport costs shall be met by the customer. Delivery times are indicated in the order confirmation. Such times are indicative only and Drapers s.r.l. does not accept any responsibility with regard to punctuality, non-delivery or late delivery by the couriers deployed. Similarly, the vendor shall be indemnified for any late delivery or other impediment arising from unforeseeable circumstances or force majeure without prejudice to your rights as guaranteed by law.
The sales price for every product is as published in the price list on the website www………. All prices are given in euro and include the current legal Value Added Tax.
Drapers reserves the right to amend the prices at its own discretion.
4. Transfer of ownership and risks involved:
The ownership of the products and the relevant risks shall be transferred to the purchases at the moment of the contract coming into force pursuant to Articles 1378 and 1465 ff.
Upon receipt of the goods, the purchaser is required to check the conformity of such goods, and should the products be damaged or not conform to the order placed, the purchaser is required to decline acceptance of the delivery, giving a clear explanation on the delivery note of the damage or error. The complaint should be sent to the vendor within 14 days of the discovery of visible faults, and within 90 days in the event of faults which are not immediately visible. Together with the complaint, the products considered to be faulty should be returned to the vendor at his/her expense. Complaints, replacements and reimbursements are only possible in the case of the lengths not having been altered, processed, cut or sewn. Faults or defects are not accepted with regard to the conformity of the fabric in comparison to the sample already seen, which may be due to intrinsic characteristics of the fabric (e.g. dyeing, coming from different batches, weaving, spinning or finishing techniques, etc.). Complaints do not indemnify the purchaser from payment of sums already in the system, either total or partial, or replacement by the vendor within 30 days, upon acceptance of the complaint.
6. Conformity of the goods/faults
Drapers s.r.l. is committed to selling products of high quality and for which it guarantees compliance with technical norms and current legal requirements. It is under this aspect of transparency and consumer protection that Drapers s.r.l. would like to specify that the images of the fabrics according to which the customer’s online choices are made represent the fabrics and their characteristics, but they do not necessarily belong to the same piece or dyeing batch from which the sample was taken, and therefore may in such cases present minimal variations and differences which do not represent a fault or defect in the fabric, but are intrinsic characteristics which depend on the spinning, dyeing, finishing and any other process the product undergoes by the manufacturer or Drapers s.r.l. supplier.
7. Protection of the trademark, brand name, distinctive characteristics, design and fabrics
The purchaser is not authorised for any reason whatsoever to use or reproduce the trade marks, names and distinctive characteristics of Drapers s.r.l. products, of which Drapers s.r.l. is the sole and exclusive proprietor. Neither is the purchaser authorised to assert that these are his/her property. The transfer of lengths of fabric with the Drapers s.r.l. selvedge does not constitute a transfer of the right of use of the relative trademark, but solely and exclusively a transfer of the fabric with such selvedge. The same also applies to reproduction, either materially or digitally, of designs or fabrics, unless previous agreement and explicit consent has been given by the vendor. Moreover, downloading the website or parts thereof is strictly forbidden (images and/or contents), as is the modification, transfer or reproduction (even if only partial) of the images, pages and contents of the website and in the most ample acceptance possible, any use of the website, the images, pages and contents thereof which has not been previously authorised by the vendor, including framing and meta tagging.
Pursuant to these sales conditions, the vendor is permitted to act for the termination of the contract according to Article 1456 ff, without prejudice to compensation for damages. Any tolerance on the part of Drapers s.r.l. is not equivalent to a tacit relinquishment of action to obtain termination and compensation for damages. Moreover, Drapers s.r.l. retains the right to terminate the contract or to demand a guarantee for its execution in the following cases, which are given as examples only and are not an exhaustive list: capital insolvency, bankruptcy proceedings against the purchaser, closure, transformation or corporate merger, suspension of or delay in payments in spite of receipt of reminders.
9. Data Protection
Drapers s.r.l. communicates that the data relating to your company will be processed only for the purposes related to the conclusion and execution of contracts between our companies pursuant to the provisions of EU Regulation 679/2016 – General Data Protection Regulation (“GDPR”). The provision of your details is considered optional, but failure to provide such details could result in the relationship between the companies being discontinued, or failure to execute the contract correctly or failure to comply with legal requirements, including those of a fiscal nature. The Data Controller is Drapers s.r.l., the Data Processor is ……… At any time, your company may access its details, request rectification and/or destruction thereof, exercise the right to object and limit its processing, pursuant to the GDPR.
For any dispute arising with reference to these conditions, jurisdiction shall rest with the Court of Bologna, unless otherwise provided by the Consumer Code whenever applicable.
11. Access to the website.
Drapers s.r.l. shall make every endeavour to ensure regular access to the website and its regular functioning, and to resolve in the shortest time possible any interruptions to service caused by updates, repairs and/or maintenance of the website within the limits of its competence. Any lack of service of the WiFi network must be factored in due to its nature and may not be attributed to Drapers s.r.l.
12. Partial invalidity and amendments to these conditions.
Drapers s.r.l. reserves the right to amend these conditions and update them from time to time for your information. The conditions applied shall be those in force at the time you use the website or order products. Should one or more of the provisions be invalid or ineffective, this shall not be deemed to affect the validity and effectiveness of the other provisions.