Terms of Service

GENERAL PROVISIONS

These conditions are valid exclusively between the company Sable Bionde srls, with registered office in via Sant'Andrea n.3, 70020 Bitritto (BA), owner of the brand, and hereinafter referred to as "Clara Aestas", and any person making purchases online on the website www.claraestas.com , hereinafter referred to as "CUSTOMER". These conditions may be subject to change. The date of publication of the same on the site is equivalent to the date of entry into force. These conditions govern purchases made on the website www.claraestas.com, in compliance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree. n. 206/2005, modified by Legislative Decree. n. 21/2014 and by Legislative Decree. 70/2003 regarding electronic commerce.

ARTICLE 1 – Object of the contract

With these general conditions of sale, Clara Aestas offers for sale and the CUSTOMER remotely purchases the tangible movable goods indicated and offered on the website www.claraestas.com . The contract is concluded exclusively through the internet, by accessing the CUSTOMER to the address www.claraestas.com and placing a purchase order according to the procedure provided by the site itself. Clara Aestas undertakes to describe and present the items sold on the site in the best possible way. However, some inaccuracies and/or differences may emerge between the site and the actual product. This is because each garment is made by hand following the most ancient tailoring traditions of Made in Italy, therefore it is to be considered unique and original. Any irregularity is an intrinsic characteristic of the product and an element of exclusivity. The photographs of the products presented on www.claraestas.com do not constitute a contractual element, as they are only representative. Before purchasing the product online (with simultaneous obligation to pay in full), the CUSTOMER is required to express, in point and click mode, his consent to these conditions of sale. In this way, they are assumed to be recognized and approved also pursuant to the articles. 1341 and 1342 cc, together with the provisions that regulate the procedures for registration, access, navigation and use of the website www.claraestas.com . The Customer expressly authorizes Sable Blonde srls to use their e-mail address and the data entered on the website www.claraestas.com in relation to activities relating to the contract and any sending of information.

ARTICLE 2 – Pre-contractual information for the consumer – art. 49 of Legislative Decree 206/2005

Before concluding the purchase contract, the CUSTOMER examines the characteristics of the goods which are illustrated in the individual product sheets. Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed regarding:

• total price of the goods including taxes, with details of shipping costs and any other costs;
• terms of payment;
• deadline within which Clara Aestas undertakes to deliver the goods;
• conditions, terms and procedures for exercising the right of withdrawal or change of size, pursuant to art. 7 and 8 of these conditions;
• information that the CUSTOMER will have to bear the cost of returning the goods in the event of withdrawal and/or change of size and/or repairs;

• Clara Aestas sales and after-sales commercial conditions;
• personal data processing;

The CUSTOMER, before the conclusion of the contract, can at any time take note of the information relating to Clara Aestas, such as the geographical address and the e-mail address.

ARTICLE 3 – Conclusion and effectiveness of the contract

CUSTOMERS who intend to make purchases on www.claraestas.com declare that they have accepted the Privacy Policy and these general conditions. Furthermore, they declare that the personal data requested and entered in the appropriate areas are truthful and correct, assuming full responsibility for the information provided. In case of changes, the CUSTOMER is required to promptly inform the Company. After completing the order, Clara Aestas will send the CUSTOMER an order confirmation email. However, the sales contract is considered finalized only after the price paid by the CUSTOMER has been credited to Sable Blonde srls The order confirmation email contains the CUSTOMER's data and the order number, the price of the goods purchased, the shipping costs, the delivery address to which the goods will be sent and the link to print and archive the copy of these conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained in the email. The CUSTOMER has the possibility to cancel the order placed within one hour of receiving the confirmation email. Clara Aestas undertakes to deliver the goods within 30 working days from the crediting of the price paid by the Customer on the Sable Blonde srls channels

ARTICLE 4 – Availability of products

Product availability refers to the actual availability at the time the CUSTOMER places the order. However, this availability must be considered purely indicative since, due to the simultaneous presence on the site of multiple users, the products could be sold to other CUSTOMERS before the order is confirmed. Even after Clara Aestas has sent the order confirmation email, there may be cases of partial or total unavailability of the goods. In this case, Clara Aestas undertakes to produce the product ordered by the customer in the shortest possible time, informing him that the shipping time could exceed 30 days. Clara Aestas cannot be held responsible for delays in shipping caused by delays in the supply of raw materials. In the event of their absolute unavailability, Clara Aestas will refund the CUSTOMER the amount paid at the time of the order within 15 days of becoming aware of the absolute unavailability of the raw materials. If the CUSTOMER requests cancellation of the order, as provided for in the art. 3, Clara Aestas will refund the amount paid within 15 days from the day on which it became aware of the customer's decision to terminate the contract.

ARTICLE 5 – Payment methods

Any payment by the CUSTOMER can only be made via PayPal, credit cards via PayPal on the website www.claraestas.com , bank transfer or cash on delivery. Clara Aestas may, at any time and without any foreclosure, activate promotions and/or discounts on its website. This occurs by identifying particular promotional codes with a limited duration and/or providing an automatic discount. To take advantage of a promotional code and obtain the related advantage, the CUSTOMER must enter it, before paying, in the area dedicated to it. The system will automatically activate the relevant promotion and/or discount.

ARTICLE 6 – Prices

All sales prices of the products indicated on the website www.claraestas.com are expressed in Euros and/or in the chosen currency and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated at the conclusion of the purchase process before making the payment. The CUSTOMER accepts Clara Aestas's right to modify its prices at any time. However, the goods will be invoiced based on the prices indicated on the site at the time the order is created and indicated in the confirmation email sent by Clara Aestas to the CUSTOMER. Shipments outside the European Union require the payment of import taxes, which are the sole responsibility of the customer. In the event of an IT, manual, technical or any other type of error that could lead to a substantial, unforeseen change in the retail price, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid. and canceled and the amount paid by the customer will be refunded. If the CUSTOMER requests cancellation of the order, within the period referred to in the art. 3, Clara Aestas will refund the amount paid within 15 days from the day on which Clara Aestas became aware of the customer's decision to terminate the contract.

ARTICLE 7 – Right of withdrawal

In compliance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products. To exercise the right of withdrawal, the CUSTOMER must communicate it to Clara Aestas through an explicit declaration, which can be sent by filling out the appropriate return form available on the site, or by registered mail or PEC to the address sableblonde@pec.it . In case of exercising the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the date on which he communicated to Clara Aestas his intention to withdraw from the contract, as provided for by the art. 57 of Legislative Decree 206/2005. The goods must be returned to Sable Blonde srls, Via Sant'Andrea n.3, CAP 70020, Bitritto (BA), Puglia, ITALY. The direct costs of returning the products are borne by the CUSTOMER. The CUSTOMER has the possibility of delegating the collection of the goods and delivery to its warehouses to Clara Aestas. In this case, shipping costs amount to €15 for Italy and €35 ​​for other countries. The goods will be collected by agreement between the parties, directly at the place designated by the CUSTOMER. The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the accompanying documentation. Goods that have not been returned in perfect condition will not be replaced or refunded. Products made on the customer's exclusive request or customized cannot be returned. Without prejudice to the right to verify compliance with the above, Clara Aestas will refund the amount of the products subject to the withdrawal within a maximum period of 30 days from the date on which the returned goods are returned. As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Clara Aestas may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that they have sent the goods back to Clara Aestas. Clara Aestas will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase. Items made upon specific customer request or customization cannot be returned. Items purchased at the end of seasonal promotions in the special price section cannot be returned. The customer will be able to exchange the item, the size or receive a purchase voucher.

ARTICLE 8 – Size change

In accordance with the legal provisions in force, the CUSTOMER has the right to request a size change within 15 days from the date of receipt of the products. To exercise this right, the CUSTOMER must communicate it to Clara Aestas through an explicit declaration, which can be transmitted by adequately filling out the return and/or size exchange form on the website www.claraestas.com . In the event of exercising this right, the CUSTOMER is required to return the goods within 15 days from the date on which he communicated to Clara Aestas his desire to make use of the possibility of changing sizes, to the same address indicated in the art. 7. The direct costs of returning the products are borne by the CUSTOMER, amounting to €15 for Italy and €35 ​​for other countries. The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessories) and complete with the attached tax documentation. Goods that have not been returned in perfect condition will not be replaced or refunded. Without prejudice to the right to verify compliance with the above, Clara Aestas will proceed with the size change within a maximum period of 30 days (subject to checking availability) from the date of return of the goods. As required by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014, Clara Aestas may suspend the exchange of goods until receipt of the goods or until the CUSTOMER demonstrates that they have sent the goods back to Clara Aestas.

ARTICLE 9 - Product faults or defects

Sable Blonde srls undertakes to deliver the products, respecting its quality standards, in excellent conditions. The latter reflect the common quality standards for the reference product category. In the event that the CUSTOMER finds faults, irregularities and/or defects in the product, he must notify Clara Aestas within 15 days from the moment the goods were delivered. This communication must be sent via an explicit declaration, completing the appropriate return/size exchange form on the site, specifying the flaw and/or defect found and the request for replacement. The CUSTOMER is required to return the goods within 15 days from the day on which he communicated to Clara Aestas his desire to return the goods due to the presence of faults and/or defects. The direct costs of returning the products are borne by the CUSTOMER. The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessories) and complete with the attached tax documentation. Goods that have not been returned in perfect condition will not be replaced or refunded. Sable Blonde srls will evaluate the suitability of the product on the basis of what is reported and in relation to the common quality standards for the reference product category. Should the presence of faults or defects in the product emerge, Clara Aestas will replace the product within a maximum period of 30 days from receipt of the returned goods. The product is considered flawed and/or defective in relation to its intrinsic characteristics and not dependent on improper use by the CUSTOMER. Sable Blonde srls is not responsible for the improper use of the garment by the customer. By way of example, but not limited to, the following are mentioned: use of creams and lotions that can stain the garment, non-delicate washes, washes with products that tend to fade, tears in the fabric and/or the application. Sable Blonde srls is not able to control the use and methods of use that the CUSTOMER may adopt towards the products once they are delivered, therefore it is only obliged to deliver the goods in excellent condition of marketability, as they are not responsible for faults and/or defects attributable to the customer's use of the product. In particular, it is underlined that the product is delicate due to the lace applications and, consequently, the possibility that some stitches unravel, although unlikely, is always possible. This must not be considered a fault and/or defect of the product but a normal eventuality susceptible to easy and quick resolution by the CUSTOMER himself. Sable Blonde srls, therefore, is not obliged to carry out such repairs. Under no circumstances is Sable Blonde srls required to repair and/or replace the products used by the CUSTOMER.

ARTICLE 10 – Delivery methods

Clara Aestas can accept orders for delivery worldwide. The products will be shipped via express courier to the address indicated by the CUSTOMER at the time of the order within 30 working days from the date of crediting of the payment by the CUSTOMER to Sable Blonde srls Sable Blonde srls assumes no responsibility for loss, tampering or the breakage of the purchased product(s) and any delays in delivery by the shipping companies. From August 11th until September 4th, order fulfillment may be slowed down due to the summer break.

ARTICLE 11 – Responsibility

Clara Aestas assumes no responsibility for disservices attributable to force majeure or unforeseeable circumstances, including malfunctions and disservices of the internet network and/or of the e-commerce platform used, in the event that it is unable to execute the order in time provided for in the contract. Furthermore, Clara Aestas is not responsible for damages, disruptions and/or delays directly attributable to its suppliers of services and/or raw materials.

ARTICLE 12 – Access to the site

The CUSTOMER has the right to access the site to consult the online showcase and make purchases. No other use, especially commercial, of the site, its content and the products published therein is permitted.

ARTICLE 13- Copyright

Sable Blonde srls holds the exclusive ownership of all parts of the website www.claraestas.com , including, by way of example and not limited to, the logos, images, texts and contents. Therefore, in application of Law 22.04.1941 n° 633 (Copyright Law), commercial use by third parties, total or partial reproduction, re-elaboration and transmission in any form and with any mode. Each present and/or future image and/or product included and marketed on the website www.claraestas.com was designed and created by Sable Blonde srls, which is the exclusive owner and sole holder of the related economic exploitation rights. Each product is therefore subject to copyright law and copying and reproduction is prohibited, even in terms of similarity, as it is likely to generate confusion among the public. In case of violation of the aforementioned prohibitions, Sable Blonde srls will have the right to take judicial action to protect any violated rights, including compensation for damages suffered.

ARTICLE 14 – PRIVACY and Cookies

The website www.claraestas.com uses "cookies". Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and which allow Clara Aestas to offer a personalized service to its customers. Clara Aestas informs the Customer of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. Please note that this will prevent the Customer from proceeding with the online purchase.

ARTICLE 15 – Integrality

These General Conditions of Sale are made up of all the clauses that compose them. If one or more provisions of these General Conditions of Sale are considered invalid or declared as such pursuant to law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.

ARTICLE 16 – Applicable law and competent court

These General Conditions of Sale are subject to Italian law. Any dispute that cannot find an amicable solution will fall under the jurisdiction of the courts of Bari (BA), Puglia, ITALY. In any case, it is possible to optionally resort to the mediation procedures provided for by Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.

The General Conditions of Sale were updated on 13 December 2019