Terms of service
TERMS AND CONDITIONS OF SERVICE
Overview
Welcome to Archivio Tessile. The terms "we", "us", and "our" refer to BRAND di Mario Salvatore (sole proprietorship), trading as "Archivio Tessile". Archivio Tessile manages this store and website, including all information, content, features, tools, products, and related services, in order to offer you, as a customer, a curated shopping experience (the "Services"). Archivio Tessile is powered by Shopify, which enables us to provide the Services to you.
These Terms and Conditions of Service ("Terms"), together with the Privacy Policy, the Shipping Policy, and the Returns and Refunds Policy, describe your rights and responsibilities when using the Services. Please read these Terms carefully: they include important information about your legal rights, including those relating to the legal guarantee of conformity and the right of withdrawal.
By visiting, interacting with, or using our Services, you agree to the application of these Terms. If you do not agree to them, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
1.1 By accepting these Terms, you represent that you have reached the age of majority in your State or Region of residence.
1.2 To use the Services, including accessing, browsing, or purchasing products, you may be required to provide certain information, such as an email address, billing, payment, and shipping data. You represent and warrant that all information provided is correct, current, and complete. You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account. You may not transfer, sell, assign, or license your account to third parties.
SECTION 2 – OUR PRODUCTS
2.1 We have made every effort to provide an accurate representation of our products. However, product images are for illustrative purposes only. Although Archivio Tessile undertakes to represent products as faithfully as possible, the color tones and fabric textures displayed on the Customer's screen may vary from the actual garment due to the settings of the monitor or device used for browsing. Minor discrepancies do not constitute a lack of conformity of the product, provided that the consumer has been informed thereof — as occurs with this clause — pursuant to Article 130, paragraph 4, of the Italian Consumer Code (Legislative Decree no. 206/2005).
2.2 All product descriptions are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit the quantities of any product offered to any person, geographic area, or jurisdiction, on a case-by-case basis.
2.3 The products sold are new. The legal guarantee of conformity provided for by Article 128 et seq. of the Italian Consumer Code applies. The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods and which becomes apparent within two years from delivery. In the event of a lack of conformity, the consumer has the right to have the goods brought into conformity free of charge by repair or replacement, or, in the cases provided for by law, to an appropriate price reduction or termination of the contract. Pursuant to Article 132, paragraph 3, of the Italian Consumer Code, any lack of conformity which becomes apparent within six months from delivery of the goods shall be presumed to have existed at that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
SECTION 3 – ORDERS AND RIGHT OF WITHDRAWAL
3.1 When you place an order, you submit an offer to purchase. Archivio Tessile reserves the right to accept or refuse the order for any reason, at its sole discretion. The order is not accepted until we confirm its acceptance. Payment must be received and processed before the order is accepted.
3.2 Purchases on our website are subject to the right of withdrawal within 14 days of receipt of the goods, in accordance with Article 52 et seq. of the Italian Consumer Code. To exercise the right of withdrawal, the consumer must inform us of their decision to withdraw by an explicit statement, including by using the model withdrawal form available on our website, and follow the procedure described in our Returns and Refunds Policy.
3.3 Archivio Tessile offers a free return service, bearing the shipping costs for the return. However, the consumer is liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods, pursuant to Article 57, paragraph 2, of the Italian Consumer Code. In particular, the return will be refused and the refund will not be issued if the product:
- is not intact, meaning it has been washed, worn, ironed, or otherwise used in a manner exceeding the normal verification of the garment;
- is missing the original identification tag and any security seal applied by Archivio Tessile, which must not have been removed or tampered with;
- is not returned in its original protective packaging and wrapping, which constitute an integral part of the product;
- is missing the receipt or proof of purchase.
If even one of these conditions is not met, the consumer forfeits the right to free returns and a refund, and the product will remain available to the Customer at our warehouses for collection at their own expense.
3.4 The model withdrawal form (Annex I, Part B, of the Italian Consumer Code) is available on our website in the Returns and Refunds section and may be used to exercise the right of withdrawal.
SECTION 4 – PRICES AND BILLING
4.1 Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is submitted and will be indicated in the confirmation email.
4.2 Published prices include VAT, where applicable. Shipping costs are indicated separately and communicated before the order is finalized.
4.3 You agree to provide current, complete, and accurate purchase, payment, and account information. You represent and warrant that you are duly authorized to use the chosen payment method.
SECTION 5 – SHIPPING AND DELIVERY
5.1 Processing and delivery times for orders are indicated in our Shipping Policy. All delivery times are indicative.
5.2 Pursuant to Article 63 of the Italian Consumer Code, in contracts where the trader undertakes to arrange the shipment of the goods, the risk of loss of or damage to the goods, for reasons not attributable to the seller, is transferred to the consumer only at the moment when the latter, or a third party designated by them and other than the carrier, takes physical possession of the goods. Archivio Tessile is therefore responsible for any damage or loss that occurs during transit until delivery to the consumer.
SECTION 6 – INTELLECTUAL PROPERTY
6.1 Our Services, including, among others, all trademarks, texts, graphic elements, images, product photographs, the "Archivio Tessile" logo, designs, source codes, and software, are the exclusive property of BRAND di Mario Salvatore, its successors, or legitimate licensors, and are protected by Italian copyright law (Law no. 633 of April 22, 1941, as amended), the Industrial Property Code (Legislative Decree no. 30 of February 10, 2005), and European Union regulations concerning intellectual property.
6.2 These Terms allow the use of the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
6.3 Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted in these Terms are reserved.
6.4 Shopify names, logos, designs, and slogans are trademarks of Shopify Inc. All other names, logos, and designs on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we do not monitor and over which we have no control. You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties or conditions of any kind. Any use of optional third-party tools is entirely at your own risk and discretion.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of such sites. If you decide to access third-party sites, you do so at your own risk. Carefully review the policies and practices of third parties before entering into any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Archivio Tessile is powered by Shopify, which enables us to provide the Services to you. All sales and purchases made in our store are made directly with Archivio Tessile. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Archivio Tessile, including any damages or losses resulting from the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or connected with your purchases and transactions with Archivio Tessile.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read the Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services. Please consult our Privacy Policy for more details.
SECTION 11 – FEEDBACK
If you submit, upload, post, or transmit ideas, suggestions, feedback, reviews, or other content ("Feedback"), you grant us a perpetual, universal, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. You represent and warrant that your Feedback does not violate any third-party rights and does not contain unlawful or defamatory content. You are solely responsible for any Feedback you provide.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, some information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping costs, and availability. We reserve the right to correct any such errors and to change or update information or cancel orders at any time and without notice, even after the order has been submitted.
SECTION 13 – PROHIBITED USES
13.1 You may access and use the Services solely for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or harmful purpose; (b) to violate applicable regulations, laws, or ordinances; (c) to infringe upon our intellectual property rights or those of third parties; (d) to harass, abuse, insult, defame, intimidate, or harm any person; (e) to transmit false or misleading information; (f) to transmit unsolicited advertising material or spam; (g) to impersonate any person or entity.
13.2 Furthermore, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, or exploit any part of the Services; (c) collect the personal data of other users; (d) use robots, spiders, scraping, or other automated means to access the Services; (e) interfere with the security features of the Services.
13.3 We reserve the right to suspend, disable, or terminate your account at any time, without notice, in the event of a violation of these Terms.
SECTION 14 – AGENTS
14.1 "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or under the instruction of any person or entity. No Agent may access, use, or interact with the Services except in compliance with the requirements set forth in this section.
14.2 Agents must: (i) identify themselves as an Agent in the user-agent string of HTTP/HTTPS requests; (ii) not conceal or obfuscate their nature as an Agent; (iii) respond truthfully to any request aimed at determining whether interactions originate from a human being or an Agent; (iv) not bypass security or access control measures.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to the date of termination. The sections relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Applicable Law, and Privacy Policy shall continue to be valid even after termination.
SECTION 16 – LEGAL GUARANTEE AND LIMITATIONS OF LIABILITY
16.1 Legal guarantee of conformity. All products sold by Archivio Tessile are covered by the legal guarantee of conformity provided for by Article 128 et seq. of the Italian Consumer Code (Legislative Decree no. 206/2005). The seller is liable to the consumer for any lack of conformity existing at the time of delivery of the goods and which becomes apparent within two years from delivery. In the event of a lack of conformity, the consumer has the right, primarily, to free repair or replacement of the goods and, in the cases provided for by law, to an appropriate price reduction or termination of the contract.
16.2 Presumption of pre-existence of the defect. Pursuant to Article 132, paragraph 3, of the Italian Consumer Code, any lack of conformity which becomes apparent within six months from delivery of the goods shall be presumed to have existed at that date, unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
16.3 Exclusions. Exclusions and limitations of liability expressly permitted by law remain unaffected. In particular, there is no lack of conformity pursuant to Article 130, paragraph 4, of the Italian Consumer Code if the consumer was specifically informed of the fact that a particular characteristic of the goods deviated from the objective conformity requirements and expressly and separately accepted this deviation at the time of the conclusion of the contract. The seller is not liable for lack of conformity resulting solely from the consumer's failure to install updates, under the conditions provided for by Article 130, paragraph 3, of the Italian Consumer Code.
16.4 Mandatory nature of rights. The rights granted to consumers by the Consumer Code are mandatory. Pursuant to Article 66-ter of the Italian Consumer Code, any contractual clause that excludes or limits, directly or indirectly, these rights shall not bind the consumer.
SECTION 17 – LIMITATION OF LIABILITY
17.1 Without prejudice to the application of the legal guarantee of conformity referred to in Section 16 and the mandatory consumer rights provided for by the Consumer Code, to the maximum extent permitted by applicable law, Archivio Tessile shall not be liable for:
(a) any errors, inaccuracies, or omissions in the information provided on the website, where they do not constitute a breach of statutory obligations;
(b) temporary service interruptions due to maintenance, updates, or force majeure events;
(c) indirect or consequential damages, lost profits, loss of data, except in cases of willful misconduct or gross negligence and without prejudice to the provisions of Article 1229 of the Italian Civil Code.
17.2 Nothing in these Terms excludes or limits the liability of Archivio Tessile for death or personal injury resulting from an act or omission of the seller, for willful misconduct or gross negligence, nor for any other liability that cannot be excluded or limited under applicable law.
17.3 Pursuant to Article 33, paragraph 2, letter b), and Article 36 of the Italian Consumer Code, any clause that excludes or limits the consumer's rights against the trader in the event of total or partial non-performance or improper performance is null and void. These limitations of liability therefore apply only to the extent that they do not conflict with the mandatory rights recognized to consumers under current legislation.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Archivio Tessile, Shopify, and our affiliates, partners, officers, employees, and suppliers from any loss, damage, liability, or claim, including reasonable legal fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense. You will cooperate in the defense of indemnified claims.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms; such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies published by us on the website constitute the entire agreement between you and us regarding the use of the Services, superseding any prior agreements.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of the rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent and without notice.
SECTION 22 – APPLICABLE LAW AND JURISDICTION
22.1 These Terms are governed by and construed in accordance with Italian law.
22.2 For any dispute arising out of these Terms or the use of the Services, if the Customer is a Consumer pursuant to the Consumer Code, the Court of residence or domicile of the Consumer shall have exclusive jurisdiction, pursuant to Article 66-bis of the Consumer Code and Article 33, paragraph 2, letter u) of the same decree.
22.3 If the Customer does not qualify as a Consumer, the Court of Naples shall have exclusive jurisdiction for any dispute.
SECTION 23 – AMENDMENTS TO THE TERMS
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of changes constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Email: info@archiviotessile.it
Owner: BRAND di Mario Salvatore (sole proprietorship)
Registered Office: Via Domenico Cimarosa 91/D, 80127 Naples (NA), Italy
Operational Headquarters and Returns Management: Via Montagna Spaccata 290, i.s. 4B c/o Mario Salvatore, 80126 Naples (NA), Italy
VAT Number: IT10095051214