Terms of service
These Terms and Conditions govern the User’s access to and use of the ilarybottini.com website (hereinafter the “Site”).
The Site is operated by:
Ilary Bottini – with registered office at Via delle Rosine 10, 10123 Turin
VAT Number 11814010960
Email address: hello@ilarybottini.com
Certified Email (PEC): ibottini@pec.it
The person responsible for the Site is Ilary Bottini
Definitions
To ensure a full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
Owner: Ilary Bottini, with registered office at Via delle Rosine 10, 10123 Turin, VAT Number 11814010960, email address hello@ilarybottini.com
Website: the website https://ilarybottini.com
Products: the physical products provided by the Owner to the User
Digital Products: the digital products provided by the Owner to the User
Workshops: in-person training courses provided by the Data Controller to the User
Online Courses: distance learning courses provided by the Data Controller to the User
User: any person who accesses and uses the Website
Consumer User: the natural person acting for purposes unrelated to any business, commercial, craft, or professional activity they may carry out
Non-Consumer User: a natural person of legal age or a legal entity that enters into a contract for the purpose of or in connection with its entrepreneurial, commercial, artisanal, or professional activities
Terms and Conditions: this agreement governing the relationship between the Owner and Users and the sale or supply of Products offered by the Owner through the Website
Detailed information about the Website’s offerings
The Site offers Users the opportunity to purchase tapestries and textile artworks, including custom-made pieces, textile art kits, digital products, and workshops (in-person or online).
Scope of Application of the Terms and Conditions
Use of the Website implies the User’s acceptance of the Terms and Conditions. If the User does not intend to accept the Terms and Conditions and/or any other notice, legal notice, or information published or referenced herein, they may not use the Website or its related services.
The applicable Terms and Conditions are those in effect on the date the purchase order or request for a Product is submitted.
Before using the Site, the User is required to carefully read the Terms and Conditions and to save or print them for future reference.
The Owner reserves the right to modify, at its sole discretion and at any time, the Website’s graphical interface, the Content and its organization, as well as any other aspect related to the functionality and management of the Application, providing the User with relevant instructions where necessary.
Purchases or requests for delivery via the Website
All Products offered through the Site are described in detail on the relevant product pages (quality, features, availability, price, delivery times, additional charges, etc.). Any images of the Products are for illustrative purposes only and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Site are permitted for both Consumer Users and Non-Consumer Users.
For individuals, purchases and/or requests for delivery are permitted only if they are of legal age. For minors, any purchase and/or request for delivery of Products via the Application must be reviewed and authorized by parents or guardians.
The contract for the sale or supply of the Products is deemed concluded upon the Owner’s acceptance of the User’s contractual offer. The Owner will accept the User’s contractual offer by sending an order confirmation to the email address provided by the User or by displaying an order confirmation webpage, which will include the order date, the User’s details, the characteristics and availability of the Product, the price or method of calculating the price, any additional charges and taxes, delivery and fulfillment times, the procedures for exercising the right of withdrawal or its possible exclusion, and the warranty.
The contract for the sale or supply of the Products shall not be considered effective between the parties in the absence of the information specified in the preceding paragraph.
In the event that the Product is unavailable, the Owner shall notify the User of the new delivery or supply terms, asking whether the User intends to confirm the order or not. It is understood that the contract shall be deemed concluded with respect to the Products accepted by the Owner.
The User undertakes to verify the accuracy of the information provided in the order confirmation and to immediately notify the Owner of any errors, and shall retain a copy of their order, the relevant confirmation, and the Terms.
Registration
Users do not need to register to use the Site’s features
Prices and Payments
The price and VAT, if applicable, are listed for each Product. If the nature of the Product makes it impossible to calculate the price in advance, the method used to calculate the price will be specified.
In addition, any applicable taxes and additional fees will be indicated. If such expenses cannot reasonably be calculated in advance, an indication will be provided of which expenses will be charged to the User.
The Owner reserves the right to modify, at any time, the price of the Products and any additional costs. It is understood that any price changes will in no way affect contracts already concluded prior to the change.
The User agrees to pay the price of the Product within the timeframes and in the manner indicated on the Site and to provide all necessary information that may be requested.
The Site uses third-party tools for payment processing and does not come into contact in any way with the payment data provided (credit card number, cardholder name, password, etc.).
Should such third-party tools deny payment authorization, the Owner will be unable to provide the Products and cannot be held liable in any way.
Order Cancellation
Orders are binding and can only be canceled if the merchandise has not yet been shipped. To do so, you must send an email to hello@ilarybottini.com.
For orders that have already been processed, the customer must exercise their Right of Withdrawal
Invoice
Users who wish to receive an invoice will be asked to provide billing information prior to payment. Billing information must be entered by the User in the Notes field at the time of payment. The information provided by the User, which the User declares and guarantees to be true, shall be deemed valid for the issuance of the invoice, and the User hereby releases the Owner from any and all liability in this regard.
Product Delivery Terms
The Seller will deliver the Products to the User in accordance with the terms and within the timeframe specified on the website and stated in the order confirmation.
If it is not possible to deliver the requested Products within that timeframe, the User will be promptly notified via email, indicating when delivery is expected or the reasons why delivery is impossible.
If the User does not wish to accept the new timeframe or if delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly via the same payment method used by the User for the purchase, no later than 14 days from the date on which the Owner became aware of the refund request.
Failure to Reach the Minimum Number
For Workshops and Online Courses that require a minimum number of participants, if the minimum number of registrations is not reached, the Owner will cancel the Workshop or Online Course and refund the amounts already paid by the User within a maximum of 14 days from the date of cancellation.
Cancellation or Postponement of Workshops and Online Courses by the Owner
In the event that a Workshop or Online Course is canceled or postponed by the Owner, the User will be notified immediately and may choose to:
a) request and receive a refund of any amounts already paid;
b) use the amounts already paid to purchase other Products or Workshops.
Exclusion of the Right of Withdrawal for Non-Consumer Users
Non-Consumer Users are not entitled to the right of withdrawal from the contract for the sale or supply of Products. The User expressly acknowledges that providing a VAT number in the order automatically qualifies them as a Non-Consumer User, for whom the right of withdrawal does not apply.
Right of Withdrawal from the Purchase of Products
A User who, for any reason, is not satisfied with the Product has the right to withdraw without penalty and without specifying a reason within 14 days from the date of conclusion of the contract, by sending a written notice to hello@ilarybottini.com, using the optional withdrawal form available in these terms and conditions or any other written statement.
The Owner will refund all payments received from the User for the Products subject to return. However, the User will bear the direct cost of returning the goods. We recommend using a courier or other suitable method of shipping that allows the shipment to be tracked.
The Owner may withhold the refund until it has received the goods or until the User has provided proof of their return, whichever occurs first.
The consumer must return the goods without undue delay and in any case within 14 days from the date on which they communicated their decision to withdraw from the contract. The deadline will be met if the consumer returns the goods before the 14-day period expires.
In the event of a valid withdrawal, the Owner will refund the User for the payments received, using the same payment method the User used for the initial transaction, without undue delay and in any case within 14 days of receiving the returned Products. The Owner will not refund the goods subject to withdrawal if the Owner does not receive the corresponding shipment.
Exclusion of the Right of Withdrawal
The Right of Withdrawal does not apply to Products custom-made to meet the User’s personal needs.
Right of Withdrawal from the Purchase of Digital Products
In the case of the purchase of a Digital Product, the User acknowledges and agrees to forfeit the Right of Withdrawal if the execution or download of the Digital Product has begun with the User’s express consent and with the acceptance of forfeiting the right of withdrawal after the execution or download has begun, pursuant to Article 59(o) of the Consumer Code.
Right of Withdrawal from Registration for In-Person Workshops and Online Courses
In the case of registration for in-person workshops and online courses, the registration fee paid by the User is non-refundable. Registration is valid only for the date selected at the time of purchase.
Optional Form to Exercise the Right of Withdrawal
To exercise the Right of Withdrawal, the User may use the following form, which must be completed in its entirety and sent to the email address hello@ilarybottini.com before the 14-day period expires:
I hereby give notice of my withdrawal from the sales or supply contract regarding the following product __________
Order number:_______
Ordered on: _______
First and Last Name: _______
Address: ______
Email associated with the account from which the order was placed: ____________________
Date: __________
The use of this form is optional; the User may use any other written communication provided that it is sent to the Owner within the time limit set for exercising the Right of Withdrawal.
Industrial and Intellectual Property Rights
The Owner declares that it is the owner and/or licensee of all intellectual property rights relating to and/or pertaining to the Site and/or the Content available on the Site. Therefore, all trademarks, whether figurative or word marks, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, and content related to the Site are and remain the property of the Owner or its licensors and are protected by applicable trademark laws and relevant international treaties.
The Terms do not grant the User any license to use the Site and/or individual content and/or materials available thereon, unless otherwise provided.
Any unauthorized reproduction in any form of the explanatory texts and Content of the Site shall be considered a violation of the Owner’s intellectual and industrial property rights.
Exclusion of warranty
The Site is provided “as is” and “as available,” and the Owner makes no express or implied warranties regarding the Site, nor does the Owner warrant that the Site will meet Users’ needs or that it will be uninterrupted, error-free, or free of viruses or bugs.
The Owner will endeavor to ensure that the Site is available 24 hours a day without interruption, but shall in no way be held liable if, for any reason, the Site is inaccessible and/or inoperative at any time or for any period. Access to the Site may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons entirely beyond the Owner’s control, or due to force majeure.
Limitation of Liability
The Owner shall not be liable to the User, except in cases of willful misconduct or gross negligence, for service disruptions or malfunctions related to the use of the Internet that are beyond its control or that of its suppliers.
Furthermore, the Owner shall not be liable for any damages, losses, or costs incurred by the User as a result of the non-performance of the contract due to causes not attributable to the Owner, in which case the User shall be entitled only to a full refund of the price paid and any incidental charges incurred.
The Owner assumes no liability for any fraudulent or unlawful use that may be made by third parties of credit cards, checks, and other means of payment, as it does not come into contact in any way with the payment data used (credit card numbers, cardholder names, passwords, etc.).
The Owner shall not be liable for:
- any loss of business opportunities or any other loss, including indirect losses, that the User may suffer, provided such losses are not a direct consequence of a breach of contract by the Owner
- incorrect or improper use of the Site by Users or third parties
- the issuance of incorrect tax documents or data due to errors in the information provided by the User, as the User is solely responsible for the correct entry of such information
Force Majeure
The Owner shall not be held liable for any failure or delay in fulfilling its obligations due to circumstances beyond its reasonable control resulting from events of force majeure or, in any case, from unforeseen and unforeseeable events that are independent of its will.
The Owner’s performance of its obligations shall be deemed suspended for the duration of the force majeure events.
The Owner will take all measures within its power to identify solutions that allow for the proper fulfillment of its obligations despite the persistence of force majeure events.
Links to Third-Party Sites
The Site may contain links to third-party sites/applications. The Owner exercises no control over them and, therefore, is in no way responsible for the content of these sites/applications.
Some of these links may lead to third-party websites or applications that provide services through the Website. In such cases, the general terms and conditions for the use of the website or application and for the use of the service established by the third parties shall apply to the individual services, and the Owner assumes no responsibility in this regard.
Privacy
The protection and processing of personal data will be carried out in accordance with the Privacy Policy, which can be viewed on this page.
Governing Law and Jurisdiction
These Terms are governed by Italian law.
For Consumer Users, any dispute relating to the application, enforcement, and interpretation of these Terms shall be referred to the court of the place where the Consumer User resides or has elected domicile, provided such place is located within the territory of the Italian State, without prejudice to the Consumer User’s right to bring an action before a court other than the “consumer court” pursuant to Article 66-bis of the Consumer Code, which has territorial jurisdiction according to one of the criteria set forth in Articles 18, 19, and 20 of the Code of Civil Procedure.
This is without prejudice to the application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular regarding the deadline for exercising the right of withdrawal, the deadline for returning the Products in the event of exercising such right, the procedures and formalities for notifying such exercise, and the legal guarantee of conformity.
For Non-Consumer Users, any dispute regarding the application, enforcement, and interpretation of these Terms shall be submitted to the court of the place where the Owner is headquartered.
Online Dispute Resolution for Consumer Users
Consumer Users residing in Europe should be aware that the European Commission has established an online platform that provides a tool for alternative dispute resolution. This tool may be used by Consumer Users to resolve, out of court, any dispute relating to and/or arising from contracts for the sale of goods and the provision of services entered into online. Consequently, Consumer Users may use this platform to resolve any dispute arising from a contract entered into online. The platform is available at the following address: https://ec.europa.eu/consumers/odr/
Last modified: 05/02/2022