Terms of service
General Terms and Conditions of Use
The tessidesigns.com website is published and operated by LTK MONOΠΡΟΣΩΠΗ Ι.Κ.Ε.
LTK has its registered office at ΑΛΕΞΑΝΔΡΟΥ ΜΙΧΑΗΛΙΔΗ 2Β, 54623, ΘΕΣΣΑΛΟΝΙΚΗ | Greece
The use of the tessidesigns.com website and the purchase of any products offered on the tessidesigns.com website are subject to these Terms and Conditions of Use of the tessidesigns.com website (“General Terms and Conditions of Use”). The use of the tessidesigns.com website constitutes your acknowledgment that you have read, understood and accepted without reservation these Terms and
Conditions of Use and your consent to the terms of the Privacy Policy for the tessidesigns.com website (see “Privacy Policy").
These Terms and Conditions of Use and the Privacy Policy may be updated at any time. The Terms and Conditions of Use and the
Privacy Policy applicable at the time of using the tessidesigns.com website are those you are applicable to you.
We advise you to keep regularly informed of the applicable terms and conditions. You can view the applicable version of the Terms and Conditions of Use or of the Privacy Policy at any time by clicking on the “Terms & conditions” hyperlink.
Security and Personal Data
The tessidesigns.com Privacy Policy (see “Privacy Policy”) governs the use of any personal information that you agree to provide to ORIBU ARTS on this website. ORIBU ARTS may modify or amend its Privacy Policy at any time as provided in the Privacy Policy.
The tessidesigns.com website is not intended for use by minors.
Intellectual Property
All materials featured on the tessidesigns.com website (drawings, designs, models, illustrations, images, sound tracks, texts, logos, trademarks…) are the exclusive property of LTK MONOΠΡΟΣΩΠΗ Ι.Κ.Ε. or its subsidiaries. You may not reproduce, by any means or process, totally or in part, distribute, publish, transmit, create derivative works based on, modify or sell any such materials contained on the Oribuarts.com website.
Limitation of Liability
tessidesigns.com shall not be liable to you or any third party for any indirect, incidental, special or consequential damages, including, without limitation, loss of profits or other indirect losses, arising out of or in connection with your use or inability to use the Oribuarts.com website. This limitation of liability shall apply to the fullest extent permitted by law.
Disclaimer of Warranty
tessidesigns.com does not warrant or represent that:
– the tessidesigns.com website is free from viruses, data overwriting programs, trojan horses or other destructive material;
– the information contained on the tessidesigns.com website is accurate, complete or up to date.
The tessidesigns.com website may contain technical inaccuracies or other defects and does not warrant that such defects will be corrected. The tessidesigns.com website and its contents are provided on an “as is” and “as available” basis.
tessidesigns expressly disclaims all warranties of any kind, including without limitation, any implied warranty regarding the usual conditions of use of the tessidesigns.com website or the adequacy of the website for a usual or specific use, its quality or compliance with all statutory provisions. This limitation of liability shall apply to the fullest extent permitted by law.
Governing law and Jurisdiction
These Terms and Conditions of Use shall be governed by and construed in accordance with Greek law.
In the event of dispute related to the use of the Website, you have the option of engaging in a conventional mediation process or any other alternative dispute resolution procedure.
In the event of dispute, in accordance with the provisions of Regulation No. EC 44/2001 of 22 December 2000:
– you may file a claim either before the courts where you are domiciled, or before the Greek courts,
– tessidesigns may file a claim before the courts where you are domiciled.
tessidesigns reserves the right to seek and obtain injunctions or orders to protect its rights hereunder.
GENERAL TERMS AND CONDITIONS OF SALE
The delivery times specified below are provided for information only. Current circumstances are disrupting our operations and deliveries could be therefore delayed.
Notwithstanding the provisions set out below, store withdrawals are currently suspended, awaiting further instructions from the government.
Preamble
Please read carefully the General Terms and Conditions of Sale and the General Conditions of Use of the tessidesigns.com website. You can also print the full text by clicking on the following link.
1. Scope of Application and Acceptance of the General Terms and Conditions of Sale
The purchase of any Products offered on the www.tessidesigns.com website (hereafter known as the “Site”) is subject to these terms and conditions of sale for the Site (“Terms and Conditions of Sale”). tessidesigns Products are exclusively intended to be sold to end consumers, natural persons or corporations, with the exclusion of all resellers or intermediaries acting on behalf of resellers. Consequently, the customer affirms that it is acting as the end consumer and does not intend to resell the tessidesigns Products for commercial purposes.
tessidesigns may update these Terms and Conditions of Sale at any time. You can view the applicable version of the Terms and Conditions of Sale at any time by clicking on the hyperlink labelled “Contact us”. The Terms and Conditions of Sale applicable at the time of entering into the contract of sale are those which are binding on you.In addition, for each purchase of Products on the Site, you will be requested to confirm your acceptance of the current Terms and Conditions of Sale applicable at the date of your order. The said terms and conditions may be viewed prior to and at the moment when you are prompted to confirm that you accept them. To indicate your acceptance, you will need to check the box “I have read and accept the General Terms and Conditions of Sale and Use of the tessidesigns.com website, as well as the Privacy Policy.”
tessidesigns has at its disposal unused materials from various production sites of the tessidesigns such as silk, cloth and wool and/or manufactured products bearing the tessidesigns brand ordered for destruction and made from these materials (hereinafter the“ Materials”).
3. Ordering Methods
The Site may be used to order a selection of tessidesigns brand products (hereafter the “Product(s)”) from tessidesigns, directly online via the Internet for delivery worldwide (see section “8.1 Delivery and Collection Area” below).
You may also place your order by email at tessi.designs@gmail.com from Monday to Friday (except public holidays), from 10:30 a.m. to 6:30 p.m. (GMT+2) and Saturday, 10am to 6pm.
The Site does not permit the placing of special orders that notably consist in the creation of a product that does not exist in our current range of products, or is no longer in the tessidesigns collection, a bespoke product or the adaptation or customization of a product from tessidesigns collections, and the manufacturing of the latter by tessidesigns. These Terms and Conditions of Sale therefore do not apply to special orders.
4.2 Availability of Products
Our Product offers and prices are valid as long as they remain visible on the Site, subject to availability. Exceptionally, errors or changes may be made, especially in cases of simultaneous orders of the same Product by several customers.
The availability date of the pre-ordered Product will be explicitly indicated on the Product form. If the availability date changes, you will be notified immediately by email and/or on your client account.
If a Product is unavailable after ordering, we will inform you of such unavailability by email or by phone as soon as possible. You will then be presented with the choice to order an alternative Product from the Site or to cancel your order.
tessidesigns shall not be liable if Products are out of stock or unavailable for orders that have not yet been accepted by ORIBU ARTS.
tessidesigns reserves the right to change the Products offered on the Site at any time and without any prior notice. In order to improve service quality and ensure greater availability of our Products for all customers of the Site, tessidesigns reserves the right to limit the number of Products which can be purchased per customer
5. Ordering Procedure
5.1. Selecting Products
You may at any time add Products to your selection by clicking on “Add to cart”, and choose to complete your order or continue shopping.
You may view your selection by hovering over it or by clicking on “Cart” in the menu on the top right-hand side, where photograph(s) of the Product(s), color and reference number(s), the quantity selected, unit price(s), and the subtotal for the selection will be displayed. You can also choose the country of delivery and your preferred shipping method in order to calculate the shipping costs and as a result the total amount payable. The delivery area and shipping costs may however be changed at a later stage if you wish, and the total amount will be recalculated accordingly.
The data recorded by the Site constitutes proof of all transactions made between tessidesigns and its customers. In the event of a dispute between tessidesigns and one of its customers about a transaction made on the Site, the data recorded by tessidesigns will be considered as irrefutable proof of the content of the transaction.
5.3. Order confirmation
5.3.a) Confirmation of shipping method
You will be required to confirm the shipping method and to enter the delivery details needed to ship your order successfully: shipping country, title, surname, first name, phone number, delivery address (or the store in which you intend to collect your order, if this service is offered by stores in the selected shipping country – see the section “8.1 Delivery and Collection Area” below)
When confirming the shipping method, you will have the option, for a gift order, to include a cover card and a gift receipt.
Once you have completed this step, click “confirm”.
5.3.b) Confirmation of payment method and payment of order
You may use your delivery address as your billing address or enter a different address. You will then be prompted to select a payment method and enter the relevant information.
At the end of the ordering procedure described above, once you have accepted in their entirety the Terms and Conditions of Sale and Use herein and the Privacy Policy for the Site, click the “Order and pay” button.
To confirm a pre-ordered Product or any other Product requiring a longer handling time, you must also allow tessidesigns to retain your bank details until the product is dispatched and for a maximum duration of 2 months for the purpose of debiting once your order has been dispatched.
The contract of sale is definitively formed at this point.
You must carefully check that your selection is correct before confirming your order. While every effort is made to ensure that the color and design of the Products in the photographs displayed on the Site match those of the original Products, variations may occur, in particular due to color display constraints on your computer equipment. Consequently, tessidesigns shall not be held liable for any error or insubstantial inaccuracy in the photographs or graphic representations of the Products included on the Site. In the event of queries regarding the Products, you may of course contact our Customer Service.
For more information concerning payment methods (currency, methods of payment accepted, etc.), please refer to the section “6. Price – Methods of Payment Accepted” below.
When finished, your order is transmitted to tessidesigns for processing.
tessidesigns reserves the right to not accept any order placed by a customer with whom it has a dispute concerning a prior order, or if tessidesigns has reasonable cause to suspect that such customer has violated these Terms and Conditions, or is engaged in any fraudulent activity, or on any other legitimate grounds.
5.3.c) Confirming the order
You will subsequently receive an order summary by email. The acknowledgement of receipt will mention the total amount of the order, details of the shipping cost and delivery time, the essential characteristics, the quantity and the price and of the Products purchased.
We advise you to keep this acknowledgement of receipt as a hard copy or in an electronic format.
6. Price – Methods of Payment Accepted
6.1. Price
The prices of the Products are in EUR, inclusive of taxes. Except in the cases of reimbursement issued i) within the context of exercising the right of withdrawal or ii) due to lack of conformity and hidden defects, tessidesigns will not reimburse the VAT applied on the purchases made on the Site (even in the event where the buyer, after receipt of the Products, re-exports them to a country located outside the European Union).
tessidesigns reserves the rights to amend the prices of the Products on the Site at any time and without any prior notice. Products are invoiced on the basis of a price list posted on the Site at the time of your order, subject to the availability of the Products ordered at this time.
All orders are payable in EUR and must be paid for immediately at the time of ordering. If any of the ordered Products are unavailable (see Section 4 “Product Availability”), only the price and the shipping costs of the available Products will be charged.
6.2. Methods of Payment Accepted
6.2.a) Payment by credit card or debit card
We accept payment by the following credit cards and debit cards: Visa®, Mastercard®, Stripe®. Payments by debit card are authenticated and secured thanks to the 3D Secure system. This system is also known under the names of “Verified by Visa®”, “MasterCard®. During payment, the bank asks the Internet user for his/her personal information in order to check the identity of the card holder and to validate the transaction.
How to pay with 3D Secure on tessidesigns.com:
After validation of your banking details (card number, expiry date and card verification number), a new page will be displayed on which you have to enter the personal information requested by your bank. This information can be:
– the answer to a personal question;
– a password you have previously chosen;
– a code sent by SMS;
– your date of birth…
Once the 3D Secure code is entered and validated by your bank, your order is complete. You will then receive a confirmation email.
Authentication is specific to each bank. For any questions concerning your 3D Secure code, please contact your bank directly.
Your order will only be dispatched after your payment method has been verified and upon receipt of your card’s debit authorization.
Your account will only be charged when the Products are dispatched.
7. Title Retention
The Products ordered remain the property of tessidesigns until full payment for the Products has been received by tessidesigns.
However, you assume the risks (in particular regarding loss, theft or damage) relating to the delivered Products from the moment they are delivered to the address specified when placing your order.
8. Shipping Methods
8.1. Delivery and Collection Area
8.1.a) Delivery to a postal address
8.2. Shipping Costs
Shipping costs are calculated on the basis of the Products selected, the total value of your order, and the shipping method selected.)
Shipping costs will be calculated on the basis of the total value of the order:
8.3. Time Required for Delivery and Collection
The delivery times below run from when your order has been confirmed, except for pre-ordered Products for which the delivery times run from when the Products become available.
8.3.a) Delivery to a postal address
At the beginning of the ordering process, we will provide you with the timeframe required for delivery and the various shipment methods available for the purchased Products and country of delivery. The price of shipping will be due in addition to the price of the purchased Products.
8.3. b) Delivery to Greek
ELTA Express:
– one (1) business day for all orders placed and validated before 2 p.m. (GMT+2) on a business day and intended for a Greek address,
– two (2) business days for all orders placed and validated after 2 p.m. (GMT+2) on a business day.
However, tessidesigns reserves the right to divide your order into several shipments. Your credit or debit card shall then be charged accordingly to correspond to the price of Products actually shipped. The shipping costs shall only be charged for a single shipment in accordance with the information contained in your order summary.
9. Delivery Problems
Any failure to deliver, late delivery, unavailability or delay in availability of your Products, exceeding the delivery times stated in Section 8.3 must be reported to our Customer Service as soon as possible. [No claims notified to us more than thirty (30) calendar days from the date of confirmation of your order will be taken into account].
In the event of failure to adhere to the delivery time, you can cancel the order by email.
ORIBU ARTS shall be bound to reimburse you the full amount paid, at the latest within fourteen (14) days of the date of the termination of the sale contract. However, if you receive the Product after having exercised this right, you must return it in accordance with the return procedure indicated in Section 10 below.
You should check for any lack of conformity in the Products at the time of delivery and, if any anomalies are found (e.g., open package, damaged goods, etc.), we recommend that you handwrite any reservations, if possible on the delivery note, and sign it.
You should then contact the Customer Service by email by clicking on the “Contact us” hyperlink.
10. Right of Withdrawal – Returns, Exchanges and Refunds
10.1. Right of withdrawal and withdrawal period
You have a legal right of withdrawal of your order under applicable law, without having to provide reasons and without having to pay any penalties.
The general refund policy of tessidesigns allows you to withdraw within seven (7) days from the date of delivery of the Products, without having to provide reasons and without having to pay any penalties. Beyond this time, you will no longer be able to exercise your right of withdrawal.
10.3. Restrictions on the right of withdrawal
For health and safety reasons you may not exercise your right of withdrawal on orders once the seals on the Products have been opened after delivery.
We advise you to take out the insurance offered by your carrier. tessidesigns will not be liable if any Product you wish to return to the Site is lost, sent to the wrong address or delivered late insofar as you must bear the risks of the shipment method you have chosen and initiated.
tessidesigns undertakes to reimburse you the standard shipping costs including parcel tracking. To avail of this please enclose with your return package the delivery invoice stating the parcel tracking number.
In the event of an exchange, the standard shipping costs for the first shipment will be refunded and you will be charged for the costs of the second shipment on the basis of the shipping method selected.
Under no circumstances will it be possible to grant you an electronic credit note for use on the tessidesigns.com Site, nor will the Site issue any store credit for use in a tessidesigns store.
11.1.c) Refund
If a refund has been requested, the product(s) will be refunded within (a) seventy-two (72) working hours of receipt of the returned good, or (b) fourteen (14) days after the day you provide evidence that you have returned the product(s). You will be sent a confirmation email. The refund, including the delivery costs of the initial order, shall be issued via the same payment method used for the order and in the same currency used by the client when paying for the order.
Please note that your bank may take up to ten (10) business days to issue a refund to your card, depending on processing times. This may vary among card issuers; we have no control over this process or the corresponding processing times. In any event, you will not incur any fees as a result of the reimbursement but we may withhold the refund until we have received the item back or you have supplied evidence of having sent back the item, whichever is the earliest