Terms and Conditions

1. Introduction

This document defines the standard terms and conditions applicable to the use of the website "Buried under clothes" (hereinafter the "Website"), an e-commerce platform specialized in the sale of customized clothing in Italy. The clarity and legal compliance of these terms and conditions, in line with Italian law, are of fundamental importance to protect both the business and its customers 1. These conditions govern the contractual relationship between the seller and the user who purchases products or services through the Website, providing an essential regulatory framework for both parties.

2. Definitions

For the purposes of these terms and conditions, the following terms shall have the meanings set out below:

  • Seller: "Buried under clothes" (whose company details will be provided in Section 3).
  • Customer: Any natural or legal person who purchases products from the Website.
  • Products: The personalized clothing items offered for sale on the Website. These fall within the category of "material products" as defined by regulation 1.
  • Custom Products: Clothing items made to the specific request of the Customer, through the selection of designs, the addition of text or the choice of particular colors and sizes through the options available on the Website.
  • Website: The online platform called "Buried under clothes" accessible through its specific URL.
  • Order: The Customer's request to purchase Products from the Website.
  • Contract: The agreement formed between the Seller and the Customer upon acceptance of the Order by the Seller.

3. Seller Information

The legal name of the business that operates "Buried under clothes" is Buried Under Clothes. The registered office is located in Villanova di Camposampiero. The VAT number is [Insert VAT number here]. If applicable, the registration details with the Chamber of Commerce (Camera di Commercio), including the Company Registration Number (REA Number), are as follows:. For any questions or assistance, customers can contact customer service at the email address buriedunderclothes@gmail.com . The provision of such information is a legal requirement for e-commerce sites operating in Italy, ensuring transparency towards consumers 2.

4. Object of the Contract

These terms and conditions govern the sale of custom clothing by "Buried under clothes" to Customers through the Website 5. By placing an order, the Customer agrees to be bound by these terms and conditions in all their provisions. The contractual relationship between the Seller and the Customer is governed entirely by this document, together with any special conditions specifically agreed in writing.

5. Order Process

The ordering process on the Website consists of the following steps: the Customer selects the desired clothing item and proceeds to customize it through the available options, such as uploading designs, adding text and choosing colors and sizes 7. The customized item is then added to the cart. The Customer then proceeds to checkout, providing the necessary information for shipping and invoicing. A summary of the order, including prices and shipping costs, is presented for the Customer to review. Before completing the order, the Customer is required to accept these terms and conditions, for example by checking a specific box. The sending of the order and the completion of the payment by the Customer constitute an offer to purchase the Products. The Contract is perfected when the Seller accepts the Customer's order, generally through the shipment of the Products or the sending of a separate confirmation of acceptance of the order by email. It is the Customer's responsibility to ensure the accuracy of the data provided during the purchase process 9.

6. Prices and Payment Terms

All prices of the Products on the Website are expressed in Euros (€) 3. The prices displayed include Value Added Tax (VAT), which will be specified in detail during the checkout process 2. Shipping costs, if applicable, will be indicated separately before the order is confirmed 3. The Seller reserves the right to change prices at any time, but the prices applied will be those in force at the time the order is placed by the Customer 9. The accepted payment methods are: credit/debit cards, PayPal, bank transfer, other online payment platforms (however specified, updated and visible at the time of checkout 3. To ensure the security of online payments, the Seller implements security measures that comply with industry standards. In the case of payment by bank transfer, there may be a deadline by which the payment must be made, under penalty of cancellation of the order 3. The Products remain the property of the Seller until the purchase price has been paid in full by the Customer 9. Additional costs may apply for certain payment methods, such as for example for the cash on delivery, in which case these costs will be clearly indicated during the purchasing process 2.

7. Shipping and Delivery

The available shipping options and their costs will be specified to the Customer during the checkout process 3. Estimated delivery times are indicative and run from the date of shipment of the order 9. It is important to note that these times are provided for information purposes only and may vary based on logistical factors and the destination 9. Currently, the Website ships exclusively within Italian territory. The Seller undertakes to deliver the ordered Products without unjustified delay and, in any case, within thirty days of the conclusion of the Contract 10. Upon delivery, the Customer is required to check the integrity of the packaging and that the number of packages corresponds to that indicated in the transport document 5. Any damage to the packaging or discrepancies in the number of packages must be immediately contested to the courier upon delivery, by placing a specific reservation on the transport document 3. In the event that the Customer is not available at the time of delivery, the courier's standard procedures will be followed, which may include subsequent delivery attempts or the deposit of the package at a collection point 9. The Seller is not responsible for any delays in delivery attributable to the courier 9.

8. Exclusion of the Right of Withdrawal

Pursuant to Article 59, paragraph 1, letter c) of the Italian Consumer Code (Legislative Decree 206/2005), the right of withdrawal is excluded for the supply of goods made to measure or clearly personalized 1. Therefore, in consideration of the nature of the Products offered on the Website, which are made according to the specific requests of the Customer, it is specified that the Customer cannot exercise the right of withdrawal, except in the case of lack of conformity of the Product 5. This provision is clearly provided for by the legislation protecting the trade of personalized goods.

9. Returns and Exchanges (for non-personalised items, if applicable)

For non-personalized clothing items, Buried under Clothes offers the possibility of requesting a return or exchange within 14 days from the delivery date. To exercise this right, the Customer must communicate his intention to the Seller within the aforementioned period, by sending a request via email to buriedunderclothes@gmail.com or by using the specific return form available on the Website.

The non-personalized Product must be returned intact, unused, unwashed, undamaged and in its original packaging, complete with all labels and accessories (where applicable). The Customer is responsible for the shipping costs for returning the Product, except in the case where the return is due to a lack of conformity or a shipping error by the Seller.

Once the returned Product has been received and its integrity has been verified, the Seller will, at the Customer's choice (where available and specified), refund the amount paid for the item (excluding initial shipping costs, except in the case of a return due to a defect or error by the Seller) or ship the item requested in exchange. The refund will be made using the same payment method originally used by the Customer, within a reasonable time and in any case no longer than 14 days from receipt of the return.

Please note that, in accordance with Section 8, the right of return or exchange does not apply to Customised Products , except in the case of lack of conformity.

10. Legal Guarantee of Conformity

The Seller guarantees that the Products comply with the Sales Contract pursuant to Articles 128 et seq. of the Consumer Code 1. This guarantee covers defects of conformity that become apparent within two years of delivery of the Product 1. The Customer is required to report any defect of conformity to the Seller within two months of its discovery, under penalty of forfeiture 12. In the event of a defect of conformity duly reported within the terms, the Customer has the right, at his choice, to the repair or replacement of the defective Product, without charge, unless the requested remedy is impossible or excessively onerous compared to the other 12. If the repair or replacement is not possible or is excessively onerous, the Customer may request an appropriate reduction in the price or termination of the Contract 12. For defects that become apparent within one year of delivery, it is presumed that they already existed at the time of delivery, unless proven otherwise 1.

11. Intellectual Property Rights

All content on the Website, including text, images, logos and designs provided by the Seller, is the intellectual property of "Buried under clothes" or its licensors and is protected by copyright and other intellectual property laws 6. Customers retain intellectual property rights in the designs they upload for customization of the Products 15. However, by uploading such designs, Customers represent and warrant that they have full right and authority to use them and that such designs do not infringe the intellectual property rights of third parties. The Customer undertakes to indemnify and hold the Seller harmless from any claim or damage arising from the use of designs uploaded by the Customer that infringe the intellectual property rights of third parties 9. Reproduction, distribution or commercial use of the contents of the Website without the express written consent of the Seller is prohibited 6. The Seller reserves the right to block any order that involves an evident infringement of the intellectual property rights of third parties 9.

12. User Conduct and Acceptable Use

Users of the Website undertake to use the platform in accordance with these terms and conditions and applicable laws 9. It is prohibited to upload or transmit content that is illegal, harmful, offensive, defamatory, infringing intellectual property rights or that is otherwise inappropriate 1. Users are responsible for the content they upload to the Website and undertake not to use the platform for any unlawful or prohibited purpose 9. The Seller reserves the right to examine, remove or refuse to process orders or content that violates these terms and conditions 9. Any activity aimed at compromising the security or operation of the Website is prohibited.

13. Limitations of Liability

To the maximum extent permitted by applicable law, Seller shall not be liable for any indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website or the Products 9. Seller does not warrant the accuracy or completeness of the information on the Website 14. Seller shall not be liable for any delay or failure to perform caused by events beyond its reasonable control, such as acts of God 6. In any event, Seller's liability shall not exceed the total price paid by the Customer for the specific Product in dispute. Use of the Website services is at the user's own risk 9. Certain laws may limit the ability to exclude or limit Seller's liability; in such cases, these limitations shall apply to the maximum extent permitted by law 16.

14. Privacy and Protection of Personal Data

The collection, use and processing of Customers' personal data are carried out in accordance with the General Data Protection Regulation (GDPR) and with the applicable Italian laws on the protection of personal data 1. Detailed information on the methods of processing personal data is provided in the specific Privacy Policy and Cookie Policy of the Website, which can be consulted in the appropriate section of the aforementioned Internet Site.

15. Applicable Law and Competent Court

These terms and conditions and any contract entered into through the Website are governed by and construed in accordance with the laws of the Italian Republic 2. For any dispute arising from or connected to these terms and conditions or to the sale of the Products, the court of the place of residence or domicile of the consumer will have jurisdiction, if the Customer acts as a consumer 2.

16. Online Dispute Resolution (ODR)

Please be advised that the European Commission has established an online platform for alternative dispute resolution (so-called ODR platform) to which consumers can resort to resolve disputes relating to online sales contracts out of court 2.

17. Changes to These Terms and Conditions

The Seller reserves the right to modify or update these terms and conditions at any time by publishing the updated version on the Website 3. The changes will take effect from the date of publication on the Website and will apply to orders placed after that date 4. Customers are advised to periodically consult the terms and conditions to view any updates.

18. Contact Information

For any questions, clarifications or complaints, customers can contact "Buried under clothes" at the following addresses:

  • Email: buriedunderclothes@gmail.com
  • Telephone:
  • Address:

Conclusion

These standard terms and conditions provide a comprehensive legal framework for the sale of customized clothing through the "Buried under clothes" website. Their compliance with Italian law, in particular the Consumer Code, ensures a transparent and secure purchasing environment for both the company and its customers. The exclusion of the right of withdrawal for customized products is a direct consequence of the "made to measure" nature of the items offered, in line with the exceptions provided by law. All users are advised to read this document carefully before making any purchase on the Website.