Terms and Condition
- Identification of the Vendor
TOMMASO CLOTHING STUDIO
- TOMMASO CLOTHING STUDIO will be hereafter referred to as “TOMMAZO”.
- TOMMAZO products will be hereafter referred to as “products”.
- The products are exclusively intended to be sold to end consumers, natural persons or legal entities, excluding all resellers or intermediaries acting on behalf of resellers (hereafter referred to as the “Customers”). Consequently, the Customer represents that he/she/it is acting as end consumer and that he/she/it has no intention of reselling the Products for commercial purpose.
TOMMAZO offers you an online purchasing services which allows you to select and purchase items available from your computer.
TOMMAZO invites you to review the general conditions of sale which, regulate the products of this Website. Therefore, the use of this Webpage implies your acceptance of the general conditions of sale below. However, if you have any queries regarding the general conditions of sale, please contact our Customer Services department.
- Our Details
Any order placed on the Website shall imply express acceptance and compliance of the GTS and the prices and Products available for sale on the Website.
- Availability of the service
The products displayed on the Website are distributed Internationally.
- Purchase guarantee
The products displayed on the Website are a selection of products by the TOMMAZO collections. Each product features the following details:
- Name of the products
- Photo of the product
- Description of the product
- Available sizes and colour*
- Wash and care Instructions
*TOMMAZO makes all efforts to ensure that the colour and the patterns of the products are realistically displayed on the Website, faithful to the original products. However, variation of the colour garments may appear on the screen, due to technical limitation of the colour reproduction and quality of the computer monitor used. Consequently, TOMMAZO cannot be held liable or guarantee that the colours or inaccuracies of photographs or graphic representations of the Products appearing on the Website on the customer’s monitor are a true representation of the actual colours.
Moreover, TOMMAZO makes every effort to ensure that the information of the products is complete, accurate and correct.
- Order Process
The customer who wishes to place an order must comply with the following procedure:
- Choice of product(s): The Customer selects the product that he/she/it wishes to order.
- Content of the Customer’s selection: The Customer checks the content of his/hers/its shopping basket, where the product’s name, size colour and price whilst having the opportunity to delete the Products that he/she/it has selected.
- Once the order has been completed and before the confirmation, the Customer will be provided with a summary of the product(s), identifying the product(s) purchases, the total price (including the delivery and the taxes) and the order details. In order to confirm the purchase, the Customer has to click on the “Confirm Payment” button.
- Confirmation of shipping of the order: The Customer receives an e-mail summarising the content of his/her/its order and confirming the dispatch of the same. The contract is deemed to have been concluded on the date on which this e-mail is sent.
- Order acknowledgement of receipt: the Customer receives an e-mail summing up the content of his/her/its order, namely:
- His/her/its delivery and invoicing address (es)
- The order number
- The date of the order
- The list of Products ordered and their amounts
- The method of delivery (Client’s address)
The Customer is advised to keep and print this document, which is official proof of his/her/its order. The order is then registered and processed by TOMMAZO which checks the availability of the Product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the Products available for sale.
- Tracking of the order: A carrier tracking number the carrier has provided to the Customer when his/her/its order has been confirmed. If the Customer wants to obtain information concerning the progress of his/her/its order, he/she/it may log onto the website of the carrier chosen by TOMMAZO, e.g.: DHL, at the address www.dhl.com, and follow the transport of his/her/its parcel live. The Customer furthermore receives information by e-mail concerning the different stages of the processing and preparation process of his/her/its order until it is shipped.
- Product Availability
The offers and prices of the products of TOMMAZO are valid while they are visible on the Website, and subject to stocks availability.
Errors or modifications can exceptionally occur, notably in the event of simultaneous orders of the same product by several Customers.
In the event where a product is found unavailable, after the placing of the order, TOMMAZO shall inform the Customer by e-mail or by telephone as soon as possible, by offering that he/she/it either order another Product available on the Website as a replacement, or cancels his/her/its order at no cost.
TOMMAZO shall not be held liable in the event of stock shortage or unavailability of Products for orders not yet accepted by TOMMAZO.
TOMMAZO reserves the right to change at any time and without prior notice the Products offered on the Website.
To ensure a better quality of service and availability of its Products with all of its online Customers, TOMMAZO reserves the right to limit the quantity of Products that can be bought by a given Customer.
- Right not to accept an order
TOMMAZO reserves the right not to accept an order from a customer in the cases where:
- TOMMAZO is in dispute with a Customer for a previous order,
- TOMMAZO reasonably considers that a Customer has infringed these GTS,
- A Customer has been engaged in a fraudulent activity,
- TOMMAZO legitimately believes that the Customer is a minor,
- Or for any other legitimate reason.
The Prices of Products are expressed in Euros inclusive of taxes and excluding customs duties, for orders outside of the EU that shall be borne by the Customer.
Outside of the cases of reimbursement made (i) in connection with exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, TOMMAZO shall not reimburse the VAT applied to purchases made on the Website (even in the event the Customer, after receipt of the Products, reships the Products for a third country outside of the European Union).
TOMMAZO reserves the right to change at any time and without prior notice the prices of Products offered on the Website.
The Products are invoiced on the basis of tariffs/rates displayed on the Website at the time when the order is placed, subject to availability of the Products ordered at this time.
All the orders are payable in Euros and must be settled immediately upon placing the order.
In the event of unavailability of certain Products ordered (see Article 5 “Product availability”), only the price and shipping costs related to the available Products shall be debited.
- Payment terms and conditions
By payment app: via Paypal.
This means that no banking information regarding the Customer transits via the www.tommazo.com website. Payment is therefore secure by the partners in charge of managing financial transaction.
The order will then be recorded and validated on acceptance of the payment by PayPal service.
- Risk and Title (Reservation of Ownership)
The Product(s) will be at the risk of the Customer from the time of delivery.
Ownership of the Product(s) remain the property of TOMMAZO to the Customer when TOMMAZO receives full payment of all sums due in respect of the Product(s), including delivery charges.
Moreover, the Customer assumes the risk (such as loss, theft or deterioration) regarding the Product(s) delivered from the time that they are delivered to the address indicated at the time of the order.
- Terms and Conditions of Delivery
Handling and shipping costs depend on the country and the total amount of the order. They shall be indicated on the invoice.
TOMMAZO cannot be held responsible for any action and/or costs and/or taxes (which fall under the Customer’s responsibility) and/or delays due to customs over which it has no control.
For all the Products, the order is prepared for departure from TOMMAZO’s logistics warehouses within a maximum period of 2 working days (subject to stock availability; see Article 5 and except for the special case of Products sold “on presale” for which the sheet indicates the specific estimated time of delivery) from confirmation by e-mail of the order.
The average period of an order delivery is from 2 to 4 working days for European orders and 5 to 9 working days for International orders. Exceeding this period may not give rise to any cancellation of the order, reduction in the price paid by the Customer, or to any damages. Customer is further informed that in some special cases (e.g. products marketed on presale), the periods indicated above can be longer. However, failure to deliver within a period of 30 days from the day after the Customer placed the order; the latter shall have the possibility to cancel the said order at no cost. The sums that he/she/it will have paid will then be reimbursed. In cases where it has the capacity to do so, TOMMAZO reserves the possibility to offer the Customer a Product of equivalent quality and price as the initial product.
If the order reaches a certain volume TOMMAZO may send it to the Customer in several deliveries and/or several packages.
Generally, all of the parcels are shipped via DHL. A delivery note is attached to the parcel. Customer is encouraged to keep it as it will serve as proof of delivery.
The Customer must check the compliance of the Products delivered at the time of the delivery and before signature of the carrier’s delivery note. He/she/it must indicate on this delivery note and in the form of handwritten reservations any defect concerning the delivery (damaged Product etc.). This verification is deemed achieved as soon as the Customer, or a person of his/her/its choice, has signed the delivery note. No claim regarding the condition of the parcel(s) will be admissible thereafter.
In the event of an incomplete address, incorrect address, inability to place the parcel in the Customer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, TOMMAZO cannot be held liable for the complete, final, completion of this delivery. If this lack of information leads to a second presentation to the recipient, TOMMAZO shall be entitled to request that the Customer pays the corresponding fees for this second delivery.
The Customer is subject to the general terms of delivery of the carrier that, in some cases, if he/she/it does not submit to them can impact the quality of the delivery.
Accordingly, in the event of absence of the recipient, according to the general terms of delivery of the carrier, the product may be presented again and/or left at an agreed drop-off point and/or in front of the Customer’s house and or in a centre of the carrier and/or returned to TOMMAZO who shall in no event be held responsible for any theft of, loss, or damage to the Products in connection with to their delivery and, more generally, the final quality of the delivery.
In the event where it is impossible to deliver and if the product must be returned to TOMMAZO by the carrier, TOMMAZO will not make any new delivery.
Any claim regarding the delivery of Products must be submitted in 14 working days following receipt of the Product(s) in the same conditions as mentioned above. If it is decided that the product(s) must be returned to TOMMAZO, they must be sent in their original condition (packaging, accessories, etc.) and according to the following shipping conditions. The Customer must contact the customer service beforehand via e-mail at email@example.com to obtain a return number to note on the “Return Authorisation” enclosed with the order as well as any information relating to the shipping. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel. The Product must be returned to Arch. Makariou 24, Anglisides, Larnaca, Cyprus 7571.
- Right of Withdrawal
The Customer has 14 days from the day of the delivery of the product purchased on the Website to inform the Customer Service of his/her/its desire to return the Product.
For any return, the Customer shall:
- Use the return form enclosed in the delivery packaging or,
- Contact the Customer Service via e-mail at firstname.lastname@example.org to inform it of his/her/its decision to use his/her/its right of withdrawal.
The costs and risks concerning the return of the Product(s) are borne by the sender.
In order for the Customer Service to accept the exchange and/or reimbursement of the Product(s), the Product(s) must be returned in full condition in its original packaging, undamaged, with its label attached, not worn, accompanied by all of its accessories, and a copy of the purchase invoice.
The Customer shall not have to justify the reasons or pay penalties, apart from return costs.
TOMMAZO cannot be held responsible in the event of loss, theft, or damage of the parcel.
Parcels for which the Customer’s identification (surname, first name, address and return code) is not possible/stated/visible shall be refused.
Any return must be made by a traceable method (DHL, return receipt requested, etc.) and the tracking number must be provided to TOMMAZO.
On receipt of the Product returned by the Customer, the customer service shall send a confirmation of receipt of the Product by e-mail.
In the event the Customer makes a valid use of this right, TOMMAZO shall reimburse the Customer, after ensuring that the Product(s) are in good condition, the sums paid by the same and corresponding to the acquisition of the returned Products (therefore excluding potential customs duties), within a maximum period of 14 days by PayPal into the account used with the Customer’s name.
TOMMAZO shall not undertake to reimburse the standard delivery costs including the tracking of the parcel. For that purpose, Customer shall insert the delivery invoice indicating the parcel tracking number into the return parcel.
TOMMAZO shall refuse any complaint for Products that have been used contrary to their intended use. TOMMAZO warrants that the Products shall be free of substantive defects and/or defective workmanship.
Any complaint regarding the Products in their current form and without relation to the delivery must be submitted by e-mail to the address email@example.com followed by a written confirmation sent by registered letter with acknowledgement of receipt to the customer service at the following address Arch. Makariou 24, Anglisides, Larnaca, Cyprus 7571.
TOMMAZO shall deliver to the Customer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of the said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale. TOMMAZO is also liable for conformity defects resulting from the assembly or installation instructions provided such liability as agreed by contract or such processes where made under its responsibility.
TOMMAZO shall ship to the Customer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that he/she/it would not have acquired it or would have paid a lower price if he/she/it had been aware of them.
These guarantees shall apply provided that the Customer makes the request in a period of 12 months following the delivery of the Product (regarding the warranty of conformity) or the discovery of the defect (regarding the warranty of hidden defects).
Conformity defects that appear within a period of 12 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of an actual non-conformity on a Product sold by TOMMAZO, the Customer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for TOMMAZO. If the repair or the replacement of the Product is impossible, the Customer may be reimbursed and shall return the Product or keep the Product and have a part of the price reimbursed to him/her/it, unless the conformity defect is minor.
In the event of an actual hidden defect on a Product sold by TOMMAZO, the Customer shall have the choice of returning the Product and having the price and costs incurred by the sale returned or keeping the Product and having a part of the price returned to him/her/it.
In any event, it shall be up to the Customer to prove that he/she/it fulfils the conditions of the guarantee properly.
The return, replacement or reimbursement of the Product shall occur without costs for the Customer and shall not prevent the potential damages where applicable.
In the case of lack of conformity and/or hidden defects admitted by TOMMAZO, should the Customer choose to return the Product, he/she/it shall ship it to the following address: Arch. Makariou 24, Anglisides, Larnaca, Cyprus 7571. The Customer must obtain beforehand a return number as well as any precision relating to shipping from the customer service to be contacted via e-mail at firstname.lastname@example.org. No parcel shall be accepted without a return number. This number must be written legibly with a marker pen on the parcel.
- After-sales service and availability of spare-parts
Any Product that can be technically repaired benefits from an after-sales service for a fee. For any repair request, the Customer must directly contact the customer service via the e-mail at email@example.com.
TOMMAZO makes not warranty regarding the availability period of spare parts that are essential for the use of the Products. TOMMAZO shall nonetheless make its best efforts to satisfy its Customers in the event of a request for one or several spare parts.
- Limitation of Liability
In no event may TOMMAZO be held liable for any damage which does not result from a failure by TOMMAZO to honour one of its obligations.
- Personal Data
When the Customer registers on the www.tommazo.com website, TOMMAZO collects personal information (personal data, e-mail address, etc.) via the registration form in order to offer him/her/it accessible services in the reserve ed access areas of TOMMAZO. The filling in of personal information concerning him is essential for the processing and delivery of his/her/its orders.
The order process on the www.tommazo.com website requires the creation of a Customer account in which his/her/its information is stored and protected by a password chosen by the Customer. The information provided by the Customer is strictly confidential and intended for TOMMAZO exclusively. It shall be processed in strict compliance with the provisions of the General Data Protection Regulation (EU Regulation 2016/679), general regulation on data protection.
In this respect TOMMAZO notably undertakes to:
- guarantee the confidentiality of data of a personal nature processed in the framework hereof by implementing the appropriate security measures in its field of activity,
- ensure that the persons authorised to process the data of a personal nature in virtue hereof undertake to respect the confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training regarding protection of data of a personal nature, and
- that its potential subcontractors respect the legal obligations on behalf of and according to the instructions of TOMMAZO.
The Customer shall at all times have a right of access, amendment, rectification and deletion of his/her/its data. To exercise this right, he/she/it may present a request to TOMMAZO by e-mail to the address firstname.lastname@example.org or by letter to the following address: Arch. Makariou 24, Anglisides, Larnaca, Cyprus 7571.
Subject to validation by an “opt-in” of the Customer, personal information (personal data, e-mail address, etc.) can also be used by TOMMAZO and/or its partners for marketing purposes like the sending of newsletters or requests.
The personal data management policy of TOMMAZO can be accessed on the Website.
- Intellectual Property
All documents, information, texts, graphs, images, photographs, or any other content published on the www.tommazo.com website are the exclusive property of TOMMAZO. Consequently, they may not be reproduced, exploited, or used for any purpose whatsoever, without the express authorisation of the publication manager.
TOMMAZO is the owner of all the intellectual property (with the exception of authors’ moral rights) pertaining to Products and distinctive trademarks and signs under which the Products are marketed.
The Customer acknowledges without reservations the intellectual property rights of TOMMAZO and undertakes not to infringe them in any manner howsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, provide a licence or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to TOMMAZO.
- Force majeure
"Force majeure" means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.
A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Any shipping, postal or other relevant transport strike, failure or accidents.
- Governing Law – Disputes
These GTS shall be governed and interpreted in accordance with laws of the Republic of Cyprus and EU. The language of this contract is English.
In the event of that a dispute cannot be settled by negotiation for a settlement to such claim or dispute, the dispute shall be finally settled and be referred to the exclusive jurisdiction of the Courts of the Republic of Cyprus.
In the event of a dispute arising in connection with the performance and/or the interpretation of these GTS, the Customer may submit such dispute to a contractually-agreed mediation procedure or any other alternative dispute resolution procedure.