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Terms and conditions of service

ARTICLE 1: INTRODUCTION

 

This document (together with the documents mentioned therein) contains the conditions that regulate the use of this website ( shop.tenoha.it ) and the purchase of the items contained therein (hereinafter the “Conditions”).

Please review these Terms, the “ Privacy Policy ” and the “ Refund Policy ” carefully before using this website. We inform you that the use of this website or the transmission of an order through it implies acceptance of these Conditions and the " Privacy Policy ", so if you do not agree with all the aforementioned Conditions and the ' “ Privacy Policy ”, please do not use this website.

For any requests, concerns or questions regarding the Conditions and the " Privacy Policy ", you can contact us through the customer service channels indicated in the ''Contact Us'' section of our website.

The Agreement (as defined below) may be executed, at your option, in any of the languages ​​in which the Conditions are available on this website. In case of uncertainty regarding the interpretation of parts of this Contract, the version drawn up in Italian must prevail over other translated versions.

ARTICLE 2: OUR DATA

 

The sale of products through this site is managed by Sayu Milano Srl, with registered office in Milan, Corso Magenta n. 56, CF and VAT number 09666400966, REA N. MI-2105354, share capital 30,000,000 euros, sole shareholder Sayu Co. Ltd (Headquarters: Tokyo 7-2-5 Roppongi-Minato-Ku, 106 Japan), telephone number +39 0280889147, email address e-shop@tenoha.it, contact details available in the “footer” section and under “Contact us” on this site shop.tenoha.it .

ARTICLE 3: YOUR DATA AND YOUR ACCESS TO OUR WEBSITE

 

The information or personal data provided by the user will be treated in accordance with the “ Privacy Policy ”. By using the website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us is accurate and truthful.

ARTICLE 4: USE OF OUR WEBSITE

 

By using this website and/or placing orders through it, you agree to:

(i) use the website only to carry out legally valid consultations or orders;

(ii) do not place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities;

(iii) provide us with your email address, postal address and/or other contact information truthfully and correctly. Likewise, you consent to our use of this information to contact you (if necessary, please read the “ Privacy Policy ”).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you guarantee that you are of legal age (18 years or older) and that you have the legal capacity to enter into binding contracts.

ARTICLE 5: AVAILABILITY OF THE SERVICE

 

The items offered through this website are available for delivery worldwide (with the exception of San Marino, Livigno, Campione d'Italia and the waters of Lake Lugano as far as Italian territory is concerned).

Any impossibility of delivery in a specific geographical area will be immediately notified to the customer with an email following the order confirmation email ("Order ##### confirmed") and the customer will obtain a full refund. amount paid through the same payment system used during the purchase phase.

ARTICLE 6: METHOD OF COMPLETION OF THE CONTRACT

The information referred to in these Conditions and the details contained in this website do not constitute an offer to the public, but rather a mere invitation to formulate a contractual proposal. No contract will exist between you and us in relation to any products until your order has been expressly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be refunded in its entirety.

To place an order, you must follow the online purchase process and click "Pay now". Subsequently, you will receive an email confirming receipt of your order (“Order ##### confirmed”). It is understood that this will not imply acceptance of your order as it constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed by sending a confirmation email that the order is being shipped (“A shipment from order ##### is on its way”) . The order details will be summarized in the electronic receipt attached to the Shipping Confirmation (“A shipment from order ##### is on its way”). The contract for the purchase of a product between you and us (the “Contract”) will only be concluded when we send you the Dispatch Confirmation (“A shipment from order ##### is on its way”), except for the purchase of a reservation for our Workshops, for which we will not send you a Shipping Confirmation and for which the purchase contract will be considered concluded when we send you an email confirming receipt of your order (“Order ##### confirmed”).

Only the products indicated in the Shipping Confirmation (“A shipment from order ##### is on its way”) will be the subject of the Contract, except for the purchase of a reservation for our Workshops. We will have no obligation to supply you with any other product that has not been ordered until it is confirmed to you in the Dispatch Confirmation (“A shipment from order ##### is on its way) that such product has been dispatched, except to purchase a reservation for our Workshops.

ARTICLE 7: AVAILABILITY OF PRODUCTS

All product orders are subject to product availability. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to replacement products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any amounts already paid by you.

ARTICLE 8: REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any products from this website at any time and/or to delete or edit any materials or content therein. While we will always make every effort to process all orders, exceptional circumstances may arise that require us to refuse to process orders after the Order Confirmation has been sent (“Order ##### confirmed”), and we we reserve the right to do so at any time.

We have no liability to you or any third party for removing any products from this website, deleting or editing any materials or content on the website, or failing to process your order after it has been submitted. of the Order Confirmation (“Order ##### confirmed”).

ARTICLE 9: DELIVERY

Without prejudice to the provisions of the previous article 7 and except where extraordinary circumstances arise, we undertake to do everything within our power to send the order of the product(s) indicated in the relevant Shipping Confirmation ("A shipment from order ##### is arriving”) by the date indicated in such Shipping Confirmation (“A shipment from order ##### is arriving”) or, if no delivery date is specified, by estimated deadline at the time of selecting the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation ("Order ##### confirmed").

However, delays may occur for various reasons such as product customization, the occurrence of unforeseen circumstances or the delivery area.

As regards the virtual gift card, it will be sent by the date indicated by you when ordering.

If for any reason we are unable to meet the delivery deadlines, we will inform you and give you the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the full amount paid . Please note that no home deliveries are made on Saturdays and Sundays, with the exception of the virtual gift card which will be delivered on the date indicated by you.

For the purposes of these Conditions, the "delivery" will be considered as having occurred or the order "delivered" through the acquisition, by you or by a third party indicated by you, of the material availability or in any case of the control of the products, which will be proven by signing the order receipt to the agreed shipping address.

The virtual gift card will be considered delivered as indicated in the Conditions of Use of the gift card and, in any case, when it is sent to the email address indicated by you.

9.1. Immediate delivery

If you decide to collect your order from the point of sale you have selected on our website (TENOHA MILANO, Via Vigevano 18 Milan) and this point of sale is able to offer the "immediate delivery" service, your order may be delivered sooner of the date indicated on the site. In the event that the "immediate delivery" service is activated by the point of sale with reference to your order, when it has been prepared we will contact you via e-mail to inform you that this order is ready for collection.

You can collect your order in person (by presenting your order number and proof of identity) or through another person, authorized to collect the order on your behalf. In this case, the authorized person must present the order number and an identity document.

Since this is a contract for the sale of goods at a distance, if your purchase was made through the "immediate delivery" service, these Conditions and any other applicable legislation will apply.

9.2 Impossibility of delivery

If we are unable to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the location of your order and how to arrange a new delivery.

ARTICLE 10: PRE ORDERS AND MIXED ORDERS

Through this website, where applicable, it is possible to place a pre-order of certain products, to which all these “Terms and Conditions” apply. We inform you that, in general, the estimated delivery time of your pre-order may be subject to longer delivery terms than a simple order, although, in any case, in compliance with the maximum deadline of 30 days from the date Order Confirmation (“Order ##### confirmed”).

The order containing both items and products relating to a pre-order (''Mixed Orders'') could be delivered in multiple solutions, therefore you could receive the products referred to in the Mixed Orders separately and in distinct periods, for which you will receive individual Shipping Confirmations (“A shipment from order ##### is on its way”). Please note that in the event of a return, the term granted to you starts from the physical acquisition of each product, taking into account the relevant Shipping Confirmation ("A shipment from order ##### is on its way"), as regulated in article 15.1.

If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract which will therefore be considered terminated. As a result of termination of the Contract, we will refund all amounts paid by you, including delivery costs (with the exclusion of any additional costs resulting from your choice of a delivery method other than the ordinary method offered by us ) without unjustified delay and, in any case, within 14 days from the date of termination of the Contract.

Please note that transport resulting from the termination of the contract may have additional costs which will be borne by you.

This article is not applicable to the virtual gift card, the delivery of which is governed by the provisions of the Conditions of Use of the gift card and in the previous article 9.

ARTICLE 11: PASSING OF RISK AND OWNERSHIP OF THE PRODUCTS

The risks relating to the products will pass to you from the moment of their delivery.

You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or at the time of delivery (as defined in article 9 above), if this occurs at a later time .

ARTICLE 12: PRICE AND PAYMENT

12.1. Price

The price of the products will be as indicated from time to time on our website, except where there is an obvious error. Although we undertake to do everything in our power to ensure that all prices appearing on the site are correct, errors may occur. If we discover any errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct amount or canceling it. If we are unable to contact you, the order will be canceled and the full amount paid will be refunded.

We will have no obligation to supply you with the product(s) at the lower price incorrectly indicated (even if we have already sent you the Shipping Confirmation (“Order ##### confirmed”) if the error in the price is obvious and unmistakable and therefore if it was possible for you to reasonably identify it as incorrect.

The prices on the website include VAT, but exclude shipping costs, which are to be added to the total amount to be paid, as indicated in our "Purchase Guide - Shipping Costs".

Prices may change at any time; however (except where previously stated) possible changes will not affect orders for which we have already sent an Order Confirmation (“Confirmed Order #####”).

Once you have selected the items you wish to purchase, these items will be added to your cart and the next step will involve completing the order and paying. To this end, you must follow the purchase instructions, entering or verifying the information requested at each step of the purchasing process, requesting the issuance of an invoice, if desired, as indicated in our Purchasing Guide. Furthermore, you can change the details of your order at any time during the purchase process before payment. You can find a detailed description of the purchasing process in the Purchasing Guide. Furthermore, if you are a registered user, a list of all your orders will be available in the "My account" section.

12.2 Payment

You can pay with Visa, Mastercard, American Express credit cards and via PayPal, Apple Pay, Google Pay, Shop Pay. Furthermore, it will be possible to pay entirely or partially the entire amount of the purchase using a TENOHA MILANO gift card issued by Sayu Milano Srl

To reduce the risk of unauthorized access, your card details will be encrypted. We may pre-authorize your credit card once we receive your order to ensure you have sufficient funds to complete the transaction.

If the chosen payment method is PayPal, the charge will be made when the order is confirmed.

We inform you that payments made through this online platform, as well as, if applicable, refunds in your favor, will be managed by Sayu Milano Srl, with registered office in Corso Magenta 56, 20123 Milan (MI), CFP IVA 09666400966 .

By clicking "Pay Now" you will confirm that the credit card is yours or that you are the rightful owner of the gift card.

Credit cards will be subject to verification and authorization by the issuer of the same, but if this body does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to complete any Contract with you.

Payments and orders via electronic devices

If you place an order via one of the electronic devices available in our TENOHA MILANO store in Via Vigevano 18 Milan (MI), in this case you will have to follow the online purchase process, completing or verifying the information requested in each of the steps. During the purchase process, before finalizing the payment, in accordance with the general purchase conditions, you can modify the order details. You will then need to choose your preferred payment method. Please remember that the order will be binding according to the methods of completion of the Contract referred to in these Conditions.

Payment can be made via Visa, Mastercard, American Express or PayPal, Apple Pay, Google Pay, Shop Pay and the provisions described above regarding validation checks and card authorization will apply.

ARTICLE 13: PURCHASE AS A GUEST

The function of purchasing products as a guest is also available on this site. With this purchase method, you will only be asked for those data that are essential to process your order. Upon completion of the purchase process, you may be offered the option to register as a user or continue as an unregistered user.

ARTICLE 14: VAT (VALUE ADDED TAX)

In accordance with current legislation, any purchase made through the website will be subject to Value Added Tax (VAT).

ARTICLE 15: RETURN/EXCHANGE POLICY

15.1 Right of withdrawal by law

Right of withdrawal

If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without having to give any reason.

The withdrawal period referred to in the previous paragraph ends after 14 days starting from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order or Mixed Orders and delivered separately, ends 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good.

To exercise the right of withdrawal, you must inform us by writing to TENOHA MILANO, Via Vigevano 18, by sending an email to e-shop@tenoha.it or through the chat on our website, of your decision to withdraw from the Contract by means of an explicit declaration (for example a letter sent by post or e-mail). To this end, you can use the attached standard withdrawal form, but it is not mandatory.

To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period expires.

Effects of withdrawal

If you withdraw from the Contract, you will be refunded all payments you have made to us, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery from us offered), without undue delay and in any case no later than 14 days from the day on which we were informed of your decision to withdraw from the Contract. These refunds will be made using the same payment method you used for the initial transaction. In any case, you will not incur any costs as a result of such reimbursement. Without prejudice to the foregoing, the refund may be suspended until receipt of the goods or until you demonstrate that you have sent the goods back, whichever is earlier.

Please send the goods back or deliver them to us at our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI), without undue delay and, in any case, within 14 days from the day on which you communicated your withdrawal to us from the Contract. The deadline is met if you send back the goods before the 14 day period has expired.

Except in the case of return to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI) or via courier organized by us, the direct costs of returning the goods will be your responsibility. You are only responsible for the decrease in value of the goods resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.

15.2 Conventional right of withdrawal

In addition to the right of withdrawal recognized by law to consumers and users referred to in the previous article 15.1), we will grant you a period of 30 days from the date of receipt of the Shipping Confirmation ("One shipment from the order ##### is on its way") to return the products (with the exception of the products indicated in the following article 15.3, for which the right of withdrawal is excluded). The return of the gift card is governed by the Conditions of Use of the gift card.

If you return the products within the deadline for exercising the conventional right of withdrawal but after the expiry of the deadline for exercising the right of withdrawal by law, you will only be refunded the amount paid for such products. Except in the case of return to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI), the direct costs of returning the goods will be your responsibility.

You may exercise your right of withdrawal in accordance with the provisions of the previous article 15.1, it being understood that if you inform us of your intention to withdraw from the Contract after the deadline for exercising the right of withdrawal by law, you must, in any case, give us the goods within 30 days from the date of receipt of the Shipping Confirmation.

15.3 Common provisions

You will not be able to exercise the right of withdrawal from the Contract which has as its object the supply of one or more of the following products:

  1. Personalized items.
  1. Music CDs/DVDs, without the original packaging.
  1. Sealed goods that are not suitable for return for hygienic reasons and have been opened after delivery.
  1. Open food and drink.

Your right to withdraw from the Contract will apply exclusively to those products returned in the same conditions in which you received them. We remind you that in the event of a return, you are responsible for the contents of the package being returned. No refund will be made, regardless of the return options you have chosen, if: i) the package received contains an incorrect item and/or different from the product ordered or to be returned, ii) the product has been used in addition to the simple opening and iii) the products are not in the same condition in which they were delivered or if they have been damaged: We therefore invite you to pay attention when returning them and to take care of the products while they are in your availability and possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the products.

You can return the product to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI) or by delivering it to a shipper/courier who we will send to your home, as better specified below. None of these return methods will entail any additional costs for you. In the case referred to in the previous letter i), i.e. in the event of an error in the contents of the package returned by you, we will be authorized to charge you the transport costs in the event that it is possible to manage and return the package received to your attention.

(a) Returned to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI)

You can return the product to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI). In this case, you will have to personally go to the store and deliver the item together with the electronic receipt that you will have received together with the Shipping Confirmation and which you will also find available in the "My Account" section of the site. shop.tenoha.it . You will be able to present the electronic receipt either in digital format via the screen on your phone or in paper format.

(b) Returns via freight forwarder/courier

You will need to contact us using the return request form to allow us to organize collection from your residence address. You must return the product in the wrapping and package in which you received it, following the instructions in the " Refund Policy " section of this website. If you purchased the products as a guest, you can request collection by courier by contacting us at the e-mail address e-shop@tenoha.it .

If you prefer not to take advantage of the free options available to return the products, the return costs and risks associated with the transport you have chosen will be your responsibility without any responsibility or obligation in this regard on the part of TENOHA MILANO. In this case, you must return the product together with a copy of the Shipping Confirmation. Please note that if you decide to return the products with the "cash on delivery" method, we will be authorized to charge you the related costs.

After evaluating the condition of the item, we will inform you if you will be entitled to a refund of the amount paid. Shipping costs will be refunded if the right of withdrawal is exercised within the established deadline and all products included in the same delivery are returned. The refund will be made as soon as possible and in any case within 14 days from the date on which you informed us of your intention to withdraw from the Contract. Without prejudice to the foregoing, the refund may be suspended until receipt of the goods or until you demonstrate that you have sent the goods back, whichever is earlier. The refund will always be made via the payment method used to make the purchase, unless the gift receipt was used by the recipient of the product purchased by you.

You will be responsible for the costs and risks of returning the products, as indicated above.

For any doubts, you can contact us through the customer support channels indicated in the ''Contact us'' section of our web page or by contacting us by e-mail at e-shop@tenoha.it .

15.4 Size change

Without prejudice to the provisions in the previous paragraphs, once you have received the item, if you wish to change the size of the purchased product, you can request a size change without additional delivery costs for the new product, provided that you return the original item in the same conditions in which was delivered, free of damage and within the deadlines set out in these Conditions. You can request a size change through the customer support channels indicated in the ''Contact us'' section of our web page or by contacting us by e-mail at e-shop@tenoha.it . You must indicate the new size of the product previously purchased and provided that i) it is the same product, ii) the price of the product on the site is equal to or greater than the price paid initially (please note that only in this case will you not be charged new costs for the selected product).

After requesting a size change and indicating the return method, you must return the original item to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI), or if you have requested it, via the courier that we will send to you at home. You must return the item without unjustified delays and in any case within 14 days of sending the request through the website. Neither of the two redelivery options will entail additional costs for you.

If you have chosen to return the product to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI), together with the item, please also present the electronic receipt that you will have received together with the original product. If you have chosen to make the return via the courier organized by us, you will have to return the item in the wrapping and package in which you received it, following the instructions in the '' Refund information '' section of the website.

After choosing the return method, we will send you the new size of the item within 3-4 working days from the date of the exchange request, and in any case within the maximum period of 30 days from the date of the request. The size change option will not entail any additional costs for you. The new article, in any case, will be governed by these " Terms and Conditions ", including the right of withdrawal.

Please note that if after 14 days from the request for a size change you have not returned or delivered the original item to the courier organized by us, we will be authorized to charge you for the costs of the new product, according to these " Terms and Conditions ".

15.5 Return of defective or non-compliant products

If you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us by e-mail at e-shop@tenoha.it or through our customer service channels indicated on our website, indicating the product data as well as the damage suffered, and we will inform you of the procedure to follow.

To allow us to verify the item, you must return it to the address indicated in the electronic document received by e-mail together with the Shipping Confirmation or, alternatively, go to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI). We will carefully examine the returned product and will communicate to you within a reasonable time the outcome of the checks carried out on the goods.

In the event of a lack of conformity of the goods, we will offer you a replacement of the product or a refund (as the case may be), unless you request otherwise, provided that this is objectively possible and/or not excessively burdensome for us in accordance with the applicable legislation. The refund of the sums or the replacement of the item will be carried out as soon as possible and, in any case, within 14 days from the date on which we confirmed to you that we will proceed with the refund or replacement of the unsuitable item, at no cost to you.

The amount paid for products that will be returned due to damage or defect, if actually existing, will be refunded in full, including delivery costs incurred for sending the item and for returning it by you. The refund will be made via the payment method used to make the purchase, unless otherwise agreed.

All rights recognized to consumers by current legislation remain unaffected.

15.6 Right of withdrawal and return of orders placed from abroad

If you have placed an order outside Italy, through this website, the provisions contained in articles 15.1, 15.2, 15.3 and 15.4 will be applicable, with the exception of the provision relating to the courier appointed by us, applicable only in the event that the collection is carried out in Italy.

We invite you to read our " Refund Policy " regarding shipping or return costs for sending products to or from destinations outside Italy.

ARTICLE 16: CUSTOMIZED ITEMS

As regards any personalized garments (for example through the application of texts or embroidery), it will not be possible to make returns or exchanges. The user guarantees that he is authorized to use the texts and other elements that are part of the customization of the products requested by him. Although we reserve the right to deny customization or cancel orders for customized products for failure to comply with these terms, you will be solely responsible for the customization you request. We may deny customization or cancel orders for customized products if such customization consists of or includes items that are inappropriate, proprietary, or otherwise unlawful. We assume no responsibility or obligation to verify the texts or other elements that are part of the personalization created by users of this service. We do not guarantee the legitimacy of such texts or other elements and, consequently, we do not assume responsibility for any damage that may be caused by users and/or third parties - whether private or public bodies

ARTICLE 17: LEGAL GUARANTEE

The products sold through this website are supported by the mandatory legal guarantee provided by law in favor of consumers, to cover any defects of conformity existing at the time of delivery of the goods.

The legal guarantee covers any defects in conformity of the goods that may appear within two years of delivery, provided that they are reported within two months of discovering the lack of conformity.

Pursuant to applicable legislation, a lack of conformity exists if the product purchased by you (i) does not conform to the description provided and does not possess the qualities presented on this website; (ii) is not suitable for the use for which the products are normally intended; (iii) does not present the qualities and characteristics of a product of the same type and which can reasonably be expected, taking into account the nature of the good and, if applicable, the specific characteristics presented. Within the limits established by law, we exclude all additional and derogable guarantees, except those that cannot legitimately be excluded for consumers and users.

In the event of a lack of conformity, you have the right to have the goods restored to conformity, at no cost to you.

If you believe that one or more products purchased present defects of conformity, we invite you to contact us at the references indicated on our website.

ARTICLE 18: RESPONSIBILITY AND EXEMPTION FROM LIABILITY

Except as otherwise provided in these Terms, our liability in respect of products purchased on our website will be limited solely to the purchase price of the product in question.

Without prejudice to the foregoing, our liability is not excluded or limited in the following cases:

  1. Cases of death or personal injury resulting from our negligence;
  1. Cases of fraud or fraudulent activity; or
  1. Any circumstances in which it would be illegal or unlawful for us to exclude, limit or seek to limit or exclude our liability.

Without prejudice to the provisions of the previous paragraph and to the extent permitted by current legislation, and except where otherwise provided in these Conditions, we will not accept any liability for indirect damages, such as:

  • loss of profit;
  • loss of business volume;
  • loss of earnings or loss of contracts;
  • loss of anticipated savings;
  • data loss; as well as
  • waste of office administration time.

Due to the open nature of this website and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of any information transmitted or obtained through this website, unless expressly stated to the contrary.

These provisions do not limit in any way the rights recognized to consumers by current legislation.

ARTICLE 19: INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks and any intellectual property rights in the materials or content presented as an integral part of the website are owned by us and those who have granted us license to use them. You may only use such material in ways for which you receive express authorization from us or from those who have granted us licenses for their use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

ARTICLE 20: VIRUSES, PIRACY AND OTHER CYBER ATTACK RISKS

You must avoid any improper use of this site as well as avoid the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. Unless authorized, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to perpetrate DoS attacks against this website.

Failure to comply with this clause could result in violations defined by the relevant legislation. In case of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack perpetrated. Likewise, in the event of failure to comply with this Article, your authorization to use the website will be immediately withdrawn.

To the maximum limits permitted by current legislation and in compliance with the fundamental rights of consumers, we decline all responsibility in the event of any damage or loss resulting from a DoS attack, virus or other program or materials that may cause technological damage to your computer, IT equipment, data or materials as a result of using our website or downloading content from it or redirecting you to it.

ARTICLE 21: LINKS FROM OUR WEBSITE

If our site contains links to other pages or materials of third parties, these links are provided for information purposes only, without control on our part over the content or materials contained in such pages or sites. Therefore, we decline all responsibility in the event of any damage or loss resulting from their use.

ARTICLE 22: WRITTEN COMMUNICATIONS

Applicable legislation requires that part of the information or communications we send you be in writing. By using this website, you agree that most communications exchanged with us will be in electronic format. We will contact you via email, or provide you with information by placing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not limit in any way the rights recognized by current legislation.

ARTICLE 23: NOTIFICATIONS

All communications addressed to us should preferably be sent through the customer support channels indicated in the "Contact us" section of our website. Without prejudice to what is specified in article 22, we reserve the right to send you any communications via e-mail or post to the address provided to us when placing the order.

Notices will be deemed to have been received and properly notified respectively when placed on our website, 24 hours after an email is sent, or three days after the date of posting. To demonstrate the notification of a communication, it will be sufficient to demonstrate, in the case of a letter, that it was correctly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it was sent to the address and -recipient's email.

ARTICLE 24: ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement between you and us is binding on both you and us, as well as on our respective successors and assigns.

You are prohibited from transferring or assigning the Contract, or any rights or obligations arising under it, in any way without our prior written consent. We shall be entitled to freely transfer, assign, sub-contract or dispose of the Contract, or any rights or obligations arising therefrom, in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposition of the Contract will not have any impact on the rights to which you are entitled as a consumer or will in any way void, reduce or limit any of the guarantees or responsibilities offered by us, explicitly or implicitly.

ARTICLE 25: FORCE MAJEURE

We will not be liable in any way for any failure to perform or delay in performing any of our obligations under the Contract caused by events which are beyond our reasonable control ("Force Majeure Events").

Force Majeure Events means any act, event, non-happening, omission or accident beyond any reasonable control; this expression includes, by way of example but not limited to, what is specified below:

  1. Strikes, lockouts or other industrial unrest.
  1. Riots, revolts, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or undeclared), or threats of war.
  1. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.
  1. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
  1. Inability to use public or private telecommunications networks.
  1. Acts, decrees, laws, regulations or restrictions of any government.
  1. Any major maritime, postal or other transport strike, disaster or accident.

It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, despite Force Majeure Events, we will work to find a solution through which to comply with our contractual obligations.

ARTICLE 26: WAIVER

If we fail, during the execution of the Contract, to demand the exact fulfillment of any of your obligations, or of any of the obligations provided for in these "Terms and Conditions", or, again, we fail to exercise any of the rights or actions to which we are entitled under the Contract or these “Terms and Conditions”, this will not constitute a waiver of such rights or actions and will not relieve you from the fulfillment of the relevant obligations.

Any tolerance on our part in the face of your non-compliance will not constitute any waiver of reacting to a subsequent non-compliance.

No waiver on your part of any of your obligations under the Contract or these "Terms and Conditions" will be valid unless communicated in writing, in accordance with the provisions of articles 22 and 23 above.

ARTICLE 27: PARTIAL NULLITY

If any article of these "Terms and Conditions", or part of it, or any of the provisions of the Contract, should be deemed invalid, illegal or unenforceable by the competent authority, such article, clause or provision will be considered as not having been included while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.

ARTICLE 28: INTEGRITY OF THE CONTRACT

These “Terms and Conditions”, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject matter of the Contract and supersede any previous agreement, understanding or understanding between us, whether it oral or written.

Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written in negotiations prior to the Contract, but only on what expressly stated in these Conditions.

Both you and we will be entitled to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of each Contract (unless such misrepresentation was made willfully) and the sole actions that the other party may undertake will be for breach of the Contract, as provided in these Conditions.

ARTICLE 29: RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to revise and modify these Terms at any time.

You will be subject to the “Terms and Conditions” in force at the time of your order, unless a change to the “Terms and Conditions” or the “ Privacy Policy ” is required by law or at the request of a government authority (in which case it will also apply to orders already sent to us).

ARTICLE 30: APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through this website are governed by Italian law.

For any dispute deriving from or relating to the use of the website or to such contracts, in the event of judicial action, the judge of the place of residence or domicile of the consumer will be competent.

If you are entering into the Contract as a consumer, this clause does not in any way affect the rights that the law recognizes you as a consumer.

ARTICLE 31: REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE CONSUMER DISPUTE RESOLUTION (ODR)

For any comments, suggestions, requests for information or complaints, we invite you to contact us using the customer service channels indicated on our website. We also make official complaint forms available to consumers and users, which can be requested via e-mail at e-shop@tenoha.it . Our customer service will handle the requests and complaints received as soon as possible and, in any case, in compliance with the legally established deadlines.

If as a consumer you believe that your rights have been violated, you can address your complaints to us via the email address e-shop@tenoha.it in order to request an out-of-court settlement of disputes.

To this end and in accordance with Regulation Nº 524/2013 of the EU we inform you that you have the right to request an out-of-court resolution of disputes relating to orders placed through this website through the European ODR (Online Dispute Resolution) platform http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.

ARTICLE 32: SMS MARKETING


By opting in to TENOHA & SHOP (TENOHA MILANO) SMS marketing at checkout and initiating a purchase or subscription through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders) , text marketing offers, and transactional texts, including requests for review by us, even if your mobile number is registered on any state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.

If you would like to unsubscribe from receiving text marketing messages and notifications, please reply STOP to any mobile message sent by us or use the unsubscribe link we have provided within any of our messages. You understand and agree that alternative methods of opting out, such as the use of alternative words or requests, will not be considered a reasonable means to opt out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you have any questions, please text HELP to the number you received messages from. You can also contact us at customercare@tenoha.it for further information.

We have the right to change any telephone number or short code we use to operate the Service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code that we have changed, including any requests for STOP or HELP, may not be received, and we will not be responsible for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for the failure, delay or misdelivery of any information submitted through the Service, any errors in such information, and/or any actions you may or may not take in reliance on the information or the Service .

Your right to privacy is important to us. You can review our Privacy Policy to determine how we collect and use your personal information.

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Last update: 04/09/2020

TENOHA MILAN

Sayu Milano Srl

REGISTERED OFFICE: Corso Magenta 56, 20123 Milan MI, Italy

VAT number 09666400966

REA No.: MI-2105354

ATTACHED

Standard withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

to Sayu Milano Srl, operating under the name TENOHA MILANO, Via Vigevano 18, 20144 Milan (MI) – Italy or by e-mail to the address

e-shop@tenoha.it

I hereby notify the withdrawal from my contract of sale of the following goods:

Ordered on (*)/received on (*)

____________________________

Name of the consumer

_____________________________

Consumer's address

___________________________

Consumer signature (only if this form is notified in paper version)

__________________________

Date

_________________________

(*) Delete the unnecessary wording