1. DEFINITION AND SUBJECT MATTER OF THE CONTRACT
1.1 This agreement (hereafter defined as ‘Contract’), as a distance contract, is disciplined by art.50 of the Legislative Decree of September 6 2005, n. 206 (“Consumer Code”).
The present agreement has as the object, of selling movable goods between Aesthego S.r.l.s. and the Customer (the ‘Client’).
Aesthego has its legal office registered at Via Quercioli 69, Massa (MS), Italy.
The VAT registration number is 01375510458.
Irene Laudini [LAUDINI] is the legal representative on behalf of Aesthego S.r.l.s.
Once Aesthego has accepted the ‘Client’s’ order and communicated this to the ‘Client’ (via email, and/or the website www.aesthego.com, and/or other distance sales systems of Aesthego S.r.l.s.), the agreement is to be considered binding and irrevocable on the part of the Customer (‘Client’).
1.2 The present ‘General Sales Terms’ as provided by Aesthego S.r.l.s. during the purchasing process and well understood by the Client (in particular, the information referred to in the art. 59 of the ‘Consumer Code’), as referred to on the site, will remain valid unless modified by Aesthego S.r.l.s.
Possible modifications and/or integrations to the ‘General Sales Terms’ will be effective from the date on which they will be communicated to the public and will be applied to the sales carried out from that date on.
The latest version of the ‘General Sales Terms’ is available on our ‘Websites’.
2.1 The prices of the products displayed for sale, on the ‘Websites’ and/or through other eventual distance sales systems of Aesthego, are inclusive of VAT tax.
In Prior to the purchase of item(s) by the ‘Client’, Aesthego Srls will inform by mail if there are additional charges attached for shipping.
2.2 The prices of all the products include VAT taxes. In addition to the price of the product(s), at the end of the purchasing process there could be some shipping cost added depending on the product(s) delivery destination.
3. METHOD OF PURCHASE AND PAYMENT
3.1 This Contract is finalized at the time of the advanced payment, with the sales order confirmation sent to the ‘Client’ via e-mail.
3.2 The ‘Client’ has 24 hours to rescind this ‘Contract’. In doing so a complete refund will be made (without any penalties and specified reasons) excluding the amount for bank charges and an additional €23 which will be retained by Aesthego S.r.l.s. for cover charges. The processing costs are not included in the reimbursement. This is the standard policy of Aesthego S.r.l.s., as the tailoring process of the garment(s) will have already initiated.
3.3 The ‘Client’ may choose one of the following payment methods: credit card, prepaid card, Paypal, wire transfer, or any other payment method that Aesthego expressly accepts on its ‘Websites’ from time to time.
3.4 To ensure ‘Client’ satisfaction, Aesthego S.r.l.s. uses the following procedure for processing orders for multiple garments of the same specifications.
Within 50 days the first garment will arrive to the ‘Client’ so that it may be checked for the correct fitting. If the ‘Client’ is satisfied with the fit, confirmation is sent by e-mail communication to us. Subsequently, the other garments will be sent within 50 days of the ‘Clients’ e-mail communication.
3.5 It is forbidden to create multiple profiles linked to a single person and/or the relative setting of anatomical measurements.
Any profiles that do not comply with this rule will be suspended. Any right of withdrawal/refund claimed on orders placed with irregular profiles will be declined. If discount codes have been used to make purchases from irregular profiles, the ‘Client’ will be required to pay back the amount of the discount applied.
In the event of non-payment, the order will not be shipped to the ‘Client’.
4. SHIPPING & CLAIMS
4.1 The time necessary to create custom-tailored clothing will be indicated immediately after the purchase process. Aesthego S.r.l.s. will send the clothes to the address given by the ‘Client’ within 50 days from the stipulation of the Contract*.
During the creation of the clothes the ‘Client’ may enquiries about the status of the order, by writing to email@example.com.
* The shipping date may vary depending on the payment method used and the date of confirmation of the correct fitting. Delivery may be delayed due to unforeseen circumstances as in the case of public holidays whereby suppliers are closed.
Any variation of the delivery date will be communicated to the ‘Client’ via e-mail.
4.2 At the time of shipment, the ‘Client’ will receive an e-mail to the address given at the moment of the purchase. The e-mail sent will contain the tracking number whereby the client may monitor the progress of his shipping.
4.3 If the ‘Client’ does not receive his/her goods, or shipping is delayed without being communicated, the ‘Client’ may follow the instructions in the ‘Shipping’ section.
4.4 Each product made by Aesthego S.r.l.s. follows a specific custom made process. This implies that a tolerance of 1 cm is allowed, when compared with the measures used for the ‘Client’ ‘s patterns.
4.5 Aesthego S.r.l.s. goes far to visually conceptualize its creations, by utilizing detailed photographs of its range of garments offered. Nevertheless, due to the digital rendering of images on the Internet, different light settings of screens or other external factors, etc. of online product representation may not be completely compliant with actual garment.
By accepting the ‘General Sales Terms’ of the purchase, the client declares himself fully aware of this and accepts that there might be very slight discrepancies.
4.6 Any claims may be sent to the following address: Aesthego S.r.l.s., Via Quercioli 69, 54100 Massa (MS), Italy. The VAT registration number is 01375510458.
5. CLIENT’S OBLIGATIONS
5.1 The ‘Client’ asserts and attests:
To be a consumer as laid down in art. 3 of the ‘Consumer Code.’
To be of legal age.
Details provided for the execution of the contract are correct and true.
6. RIGHT OF WITHDRAWAL
6.1 As previously stated in the 3.2 section, the ‘Client’ has the right of withdrawal from this ‘Contract’, without any penalties (excluding the amount for bank charges and an additional €23 which will be retained by Aesthego S.r.l.s. for cover charges) and without having to specify the reason, within 24 hours from the confirmation of the order.
The ‘Client’ may exercise a right of withdrawal, within the deadline, by sending an email to firstname.lastname@example.org, expressing the desire to rescind the ‘Contract’.
Once the production of the item(s) has begun, it will not be possible to rescind the ‘Contract’.
6.2 After the 24-hour period from the time the order has been placed, the ‘Client’, expressly agrees that Aesthego S.r.l.s. may immediately begin the production process. Consequently, the ‘Client’ expressly waives the right of withdrawal: in consideration of article. 59, second subparagraph of the ‘Consumer Code’, the ‘Client’ does not have the right to withdrawal in case of delivery of custom-tailored clothes.
7. MODIFICATIONS & REMAKES
7.1. If minor changes need to be made, a ‘Coupon’ may be given to the ‘Client’. The ‘Coupon’ issued by Aesthego S.r.l.s. will have a maximum value in the amount of €100 to be spent at a tailor’s shop of the ‘Client’s’ choosing.
7.2 In the case of modifications, the ‘Client’ must send notification by e-mail to email@example.com, no later than 15 days after receiving of the item(s).
In case of delays, Aestego S.r.l.s. expressly reserves the right to deny the concessions of any ‘Coupon.’
7.3 In order to obtain the aforesaid ‘Coupon’ the ‘Client’ must:
Send an e-mail to Aesthego S.r.l.s. with the request and a photo of the modification(s) in question, within the deadline specified in point 7.2.
Upon receiving the e-mail, Aesthego S.r.l.s. will evaluate the ‘Client’s’ request and send an e-mail response. A positive response by Aesthego S.r.l.s., provides an option for the ‘Client’ to contact a tailor of his own choice.
The ‘Client’ should print the specific form (see below) for modification(s) provided by Aesthego S.r.l.s. This form should be given to the tailor of choice, making the modification(s). The modification(s), duly reported on the form, will be updated on the ‘Aesthego Customer Profile’ for any future orders.
Send the completed form and a scanned image of the sale receipt for the modification(s) to firstname.lastname@example.org.
Aesthego S.r.l.s. will reimburse the ‘Client’ for the aforsaid modification(s) for a maximum value of €100.
The ‘Client’ will obtain the refund by Aesthego S.r.l.s. within 7 working days of approval; typically with the same payment method used at the time of purchase.
7.4 For ‘made-to-measure’ and fully customized orders, Art. 59 letter c) of the ‘Consumer Code’ is applied. Art. 59 addresses the point of ‘Exceptions to the right of withdrawal’ by way of derogation from articles 52 to 58 of the same Code.
In case(s) where the garment(s) have important imperfections or fitting issues, Aesthego S.r.l.s. will consider the remake option. Aesthego S.r.l.s. does this in order to guarantee the highest standard of service to customers.
Steps to obtain a remake:
Firstly, the ‘Client’ sends an email to email@example.com describing the issue, noting accurately any changes needed in the garment(s) and attaching three pictures (front, back and side) so that Aesthego’s team can see how the garment looks and the issues related to it. Aesthego S.r.l.s. asks the ‘Client’ to please include pertinent measurements (in inches or cm) that regard the problem(s).
The remake request will then be processed by Aesthego’s ‘Customer Service,’ who will inform the ‘Client’, by e-mail, if the request is approved or rejected.
Upon approval, the ‘Client’ is requested to repackage the garment into its original box. Please include the original invoice with a copy of the e-mail, whereby Aesthego S.r.l.s. approved the remake. Please note, return shipping costs will be charged to the ‘Client’ outside the European Union.
For ‘Client’ addresses within the European Union, Aesthego S.r.l.s. will arrange for the return delivery of the unworn and undamaged original garment(s). Once the package is ready, please send an e-mail to Aesthego with the address and the time slot due to schedule the pick up of the package by the Courier.
Aesthego S.r.l.s. will accept only unworn and undamaged original garment(s). Aesthego S.r.l.s. reserves the right to refuse the garment(s) if it has been used or damaged. Aesthego S.r.l.s. will not accept modified garments.
Any garment(s) received that do not meet the aforementioned requirements will be sent back to the ‘Client’ without any modification(s), charges and shipping costs will be assumed by the ‘Client’.
Garment(s) in question must be sent back intact together with the entire original packaging and original accessories.
All delivery expenses and eventual custom(s) costs are considered to be the responsibility of the ‘Client’.
If the adjustments can be easily made by the ‘Client’s’ tailor, we reserve the right to refuse to remake the garment(s).
The remake process does not provide for customisation(s) of original designs.
Return shipping is free for customers in the Euro zone.
In case the specific fabric Aesthego S.r.l.s. needs to remake the ‘Client’s’ garment is sold out and therefore no longer available, the ‘Client’ will be asked to choose a different fabric in the same price range as the original garment(s) in question.
The remake is a ‘one time’ option. No garments will be remade a second time. Aesthego S.r.l.s. will not remake garments previously purchased and already consigned to the ‘Client’ with approval (e.g.: if the customer, having previously purchased a suit, decides to buy another one, Aesthego S.rl.s. will not accept the option to remake the second order).
Aesthego S.r.l.s. will not accept any returns prior to communication through e-mail to firstname.lastname@example.org. For further information, please write to email@example.com
8. COMPETENT COURT
8.1 This ‘Contract’ is governed exclusively by laws of the Republic of Italy (Italian law?).
8.2 Any dispute relating to the application, execution, interpretation and violation of the contractual relationship will be the exclusive competence, by expressed formal designation of the parties, of the Court of Massa Carrara (MS), Italy.