ARTICLE 1: INTRODUCTION

 

This document (together with the documents mentioned therein) contains the conditions governing the use of this website (www.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 the same, 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 request, doubt or question relating to the Conditions and the " Privacy Policy ", you can contact us through the customer assistance channels indicated in the "Contact Us" section of our website.

The Agreement (as defined below) may be entered into, at your option, in any of the languages ​​in which the Terms are available on this website. In the event of uncertainty regarding the interpretation of parts of this Agreement, the version drafted in the Italian language shall prevail over the 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, Tax Code and VAT number 09666400966, N. REA MI-2105354, share capital euro 30,000,000, sole shareholder Sayu Co. Ltd (Headquarters: Tokyo 7-2-5 Roppongi-Minato-Ku, 106 Japan), telephone number +39 0280889147, e-mail address e-shop@tenoha.it, contact details available in the "footer" section and in the "Contact us" section of this website www.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 provisions of the " Privacy Policy ". By using the website, you authorize us to process such information and personal data and you represent that all information and/or personal data provided to us is accurate and truthful.

SECTION 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 queries or orders;

(ii) not place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and notify the relevant authorities;

(iii) provide us with your e-mail address, postal address and/or other contact details truthfully and correctly. Likewise, you consent to our use of this information to get in touch with 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 warrant that you are of legal age (18 years or older) and 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 all over the world (with the exception of San Marino, Livigno, Campione d'Italia and the waters of Lake Lugano as regards the Italian territory).

Any impossibility of delivery in a certain geographical area will be immediately notified to the customer by e-mail following the Order Confirmation e-mail ("Order ##### confirmed") and this will obtain a refund of the entire amount paid through the same payment system used during the purchase.

ARTICLE 6: METHODS FOR PERFORMING 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 a mere invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be returned to you in full.

To place an order, you will need to follow the online purchase process and click "Pay now". You will then receive an email confirming receipt of your order (“Order ##### confirmed”). It is understood that this will not imply acceptance of your order since 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 an email confirming that the order is being shipped ("A shipment from order ##### is on its way") . Order details will be summarized in the electronic receipt attached to the Shipping Confirmation (“A shipment from order ##### is on the way”). The contract between us and you for the purchase of a product (the "Agreement") 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 subject to the Contract, except for the purchase of a reservation for our Workshops. We shall have no obligation to supply you with any other product which you have not ordered until we confirm in your Dispatch Confirmation (“A shipment from order ##### is on the way”) that such product has been despatched, except for the purchase of 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 substitute 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 monies you may have already paid.

ARTICLE 8: REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on it. Whilst we will always endeavor to process all orders, exceptional circumstances may arise which 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 the removal of any product from this website, for the deletion or modification of any material or content on the website, or for our failure to process your order after you have submitted it. of the Order Confirmation (“Order ##### confirmed”).

ARTICLE 9: DELIVERY

Without prejudice to the provisions of article 7 above and except in the event of extraordinary circumstances, we undertake to do everything in our power to send the order of the product/s indicated in the relative Shipping Confirmation ("A shipment from order ##### is on its way") by the date specified in such Dispatch Confirmation ("A shipment from order ##### is on its way") or, if no delivery date is specified, by estimated deadline at the time of selection of 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 the customization of the products, the occurrence of unforeseen circumstances or the delivery area.

As for the virtual gift card, it will be sent by the date you indicated when placing your order.

If for any reason we are unable to meet the delivery terms, we will inform you and give you the options to continue shopping 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 you indicate.

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

The virtual gift card will be deemed delivered as indicated in the Gift Card Terms of Use and, in any case, when it is sent to the e-mail address indicated by you.

9.1. Immediate delivery

If you decide to collect your order from the store you have selected on our site (TENOHA MILANO, Via Vigevano 18 Milan) and this store is able to offer the "immediate delivery" service, your order could be delivered sooner of the date indicated on the site. In the event that the "immediate delivery" service is activated by the store with reference to your order, when the same is prepared we will contact you by e-mail to inform you that the 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 Failure to deliver

If we are unable to complete 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 place where your order is 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 some products, to which all of these "Terms and Conditions" apply. We inform you that, in general, the estimated delivery time of your pre-order could be subject to longer delivery terms than for a simple order, although always, in any case, in compliance with the maximum term 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 period granted to you starts from the physical acquisition of each product, taking into account the relative Shipping Confirmation ("A shipment from order ##### is on the way"), as governed by 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 deemed terminated. As a result of the termination of the Contract, we will refund all the amounts paid by you, including delivery costs (with the exclusion of any additional costs deriving 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 the transport resulting from the termination of the contract may have additional costs which will be at your expense.

This article does not apply to the virtual gift card, the delivery of which is governed by the provisions of the Gift Card Terms of Use and in article 9 above.

ARTICLE 11: TRANSFER 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 on our website from time to time, except where there is an obvious error. Although we make every effort to ensure that all prices appearing on the site are correct, errors may occur. If we discover 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 get in touch with you, the order will be canceled and you will be refunded the full amount paid.

We will have no obligation to supply you with the product(s) at the incorrectly stated lower price (even if we have already sent you the Dispatch Confirmation (“Order ##### Confirmed”) if the pricing error is obvious and unambiguous and therefore if it had been 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 payable, as indicated in our "Buying Guide - Shipping Costs".

Prices may vary at any time; however (unless previously stated) the possible changes will not affect orders for which we have already sent an Order Confirmation (“Order ##### confirmed”).

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 making payment. To this end, you must follow the purchase instructions, entering or verifying the information requested in each step of the purchase process, requesting the issuance of the 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 buying process in the Buying 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 by Visa, Mastercard, American Express credit cards and via PayPal, Apple Pay, Google Pay, Shop Pay. It will also be possible to pay all or part of the entire purchase amount using a TENOHA MILANO gift card issued by Sayu Milano Srl

To reduce the risk of unauthorized access, your card details will be encrypted. It is possible that once we have received your order, we will pre-authorise your credit card to make sure you have sufficient funds to complete the transaction.

If the chosen payment method is PayPal, the charge will take place during the order confirmation phase.

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 .

Clicking "Pay Now" will confirm that you own the credit card or that you are the rightful gift card holder.

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

Payments and orders via electronic devices

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

Payment can be made by 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 method of purchase, 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 of registering as a user or continuing 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: RETURNS/EXCHANGES 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 giving 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 e-mail to info@tenoha.it or through the chat on our web page, of your decision to withdraw from the Contract by an explicit statement (e.g. letter sent by post or email). To this end, you can use the attached model withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

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 the additional costs arising 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 event 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 means of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement. Notwithstanding 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 the earlier.

You are requested to return the goods or deliver them to us at our TENOHA MILANO shop, 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 shop, via Vigevano 18, 20144 Milan (MI) or by courier organized by us, the direct costs of returning the goods will be at your expense. You are only liable for any diminished value of the goods resulting from handling of the goods other than what is 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 for consumers and users referred to in article 15.1 above), we will grant you a period of 30 days starting from the date of receipt of the Shipping Confirmation ("A shipment from the order ##### is on its way") to return the products (with the exception of the products indicated in article 15.3 below, 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 term for exercising the conventional right of withdrawal but after the expiry of the term for exercising the right of withdrawal by law, you will only be refunded the amount paid for these products. Except in the case of return to our TENOHA MILANO shop, via Vigevano 18, 20144 Milan (MI), the direct costs of returning the goods will be at your expense.

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, deliver to 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 wrapping.
  1. Sealed goods which are not suitable for return for hygienic reasons and have been opened after delivery.
  1. Food and drink open.

Your right to withdraw from the Contract will only apply to those products returned in the same condition in which you received them. We remind you that in the event of a return, you are responsible for the contents of the returned package. No refund will be made, regardless of the return options you have chosen if: i) the package received contained an incorrect item and/or different from the product covered by the order 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 in the return operations and to take care of the products as long as 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, accompanying the products.

You can return the product to our TENOHA MILANO shop, via Vigevano 18, 20144 Milan (MI) or by delivering it to a forwarder/courier who will send it to your home, as better specified below. None of these return methods will involve any additional cost for you. In the case referred to in letter i), that is, in the event of an error in the contents of the package you returned, 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) Returns to our TENOHA MILANO store, via Vigevano 18, 20144 Milan (MI)

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

(b) Returns by forwarder / courier

You will need to contact us using the return request form so that we can arrange collection at your home 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 have purchased the products as a guest, you can request collection by courier by contacting us at the e-mail address info@tenoha.it .

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

After evaluating the condition of the item, we will inform you if you are 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 the products covered by 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 have notified us of your intention to withdraw from the Contract. Notwithstanding 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 the 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 you purchased.

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 assistance channels indicated in the ''Contact Us'' section of our web page or by contacting us by e-mail at info@tenoha.it .

15.4 Change of size

Without prejudice to the provisions in the previous paragraphs, once the item has been received, if you wish to change the size of the product purchased, you may request the size change without additional delivery costs for the new product, provided that you return the original item in the same condition in which has been delivered, undamaged and within the time limits set out in these Terms. You can request a size change through the customer assistance channels indicated in the "Contact Us" section of our web page or by contacting us by e-mail at info@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 initially paid (please note that only in this case you will not be charged for new costs for the selected product).

After requesting the change of size and indicating the return method, you will have to return the original item to our TENOHA MILANO shop, via Vigevano 18, 20144 Milan (MI), or if you have requested it, via the courier that we will send to 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 return options will involve additional costs for you.

If you have chosen to return the product to our TENOHA MILANO shop, via Vigevano 18, 20144 Milan (MI), together with the article, please also present the electronic receipt that you will have received together with the original product. If you have chosen to return via the courier organized by us, you must return the item in the wrapping and package in which you received it, following the instructions in the '' Refund Policy '' 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 a maximum period of 30 days from the date of the request. The size change option will not involve any additional costs at your expense. 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 size change request you have not returned or delivered - to the courier organized by us - the original item, we will be authorized to charge you the costs of the new product, according to these " Terms and conditions ".

15.5 Return of defective or non-compliant products

In the event that he believes that at the time of delivery the product does not comply with the provisions of the Contract, he must immediately contact us by e-mail at info @tenoha.it or through our customer assistance channels indicated on our web page, 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 proceed to carefully examine the returned product and we will inform you within a reasonable time of 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 the replacement of the product or a refund (depending on the case), unless you request otherwise, provided that it is objectively possible and/or not excessively burdensome for us under the applicable legislation. The refund of the sums or the replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we have confirmed that we will proceed with the refund or replacement of the unsuitable item, at no cost to you.

The amount paid for the products that will be returned due to damage or defect, if they actually exist, will be refunded in full, including the 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 the 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 made in Italy.

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

ARTICLE 16: CUSTOMIZED ITEMS

As regards any personalized garments (for example by applying texts or embroideries), it will not be possible to make refunds or exchanges. The user guarantees that he is authorized to use the texts and other elements that form part of the personalization of the products he requests. Although we reserve the right to deny personalization or cancel orders for personalized products for failure to comply with these conditions, the user will be solely responsible for the personalization requested. We may deny customization or cancel orders for personalized products if such customization consists of or includes elements that are inappropriate, owned by a third party, or otherwise unlawful. We assume no responsibility or obligation to verify the texts or other elements that form part of the personalization created by the users of this service. We do not guarantee the legitimacy of these 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 WARRANTY

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

The legal guarantee covers any lack of conformity of the goods which should occur within the term of two years from the relative delivery, provided that they are reported within two months from the discovery of the lack of conformity.

Pursuant to the applicable legislation, there is a lack of conformity 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 to which the products are normally intended; (iii) does not have the qualities and characteristics of a product of the same type and which can reasonably be expected, taking into account the nature of the goods and, where appropriate, the specific characteristics presented. Within the limits established by law, we exclude all additional and derogable guarantees, except for those that cannot be legitimately excluded in relation to consumers and users.

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

If you believe that one or more products purchased have conformity defects, please contact us at the references indicated on our website.

ARTICLE 18: LIABILITY AND RELEASE FROM LIABILITY

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

Notwithstanding the foregoing, our liability is neither excluded nor 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 circumstance in which it would be illegal or illegal 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 applicable law, and except where otherwise provided in these Conditions, we will not accept any liability for consequential damages, such as:

  • loss of profit;
  • loss of turnover;
  • loss of earnings or loss of contracts;
  • loss of expected savings;
  • data loss; as well as
  • waste of office administration time.

Due to the open nature of this website and the potential for errors to 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 otherwise.

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

ARTICLE 19: INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, registered trademarks and any intellectual property rights on the materials or contents presented as an integral part of the website are owned by us and by those who have granted us licenses for their use. You may use such material only in the manner 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 RISKS OF CYBER ATTACK

You must avoid any improper use of this site as well as avoid the introduction of viruses, troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. If not authorized, you must not access the website or the server where it is hosted or other servers, computers or databases related to our website. It undertakes not to perpetrate DoS attacks against this website.

Failure to comply with this clause could lead to violations defined by the relevant legislation. In the event of non-compliance with the aforementioned regulation, we will take care of informing the competent authorities with whom we will collaborate to identify those responsible for the perpetrated attack. Likewise, in the event of non-compliance with this Article, your authorization to use the website will be immediately withdrawn.

Within 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 deriving from a DoS attack, virus or other program or material that may cause technological damage to your computer, IT equipment, data or materials as a result of the use of our website or the downloading of content from it, or which redirects the user to it.

SECTION 21: LINKS FROM OUR WEBSITE

Where our site contains links to other pages or materials from third parties, such links are provided for information only, without our control over the content or materials contained on such pages or sites. Therefore, we accept no responsibility for any damage or loss resulting from their use.

ARTICLE 22: WRITTEN COMMUNICATIONS

The applicable legislation provides that part of the information or communications that we will send you are in written form. By using this website, you agree that most communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by placing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication 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 in any way limit the rights recognized by current legislation.

ARTICLE 23: NOTIFICATIONS

All communications addressed to us should preferably be sent through the customer service 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 by e-mail or by post to the address provided to us when placing the order.

Notices will be deemed received and properly notified when posted on our website respectively, 24 hours after an email is sent, i.e. three days after the date of posting. To demonstrate that a communication has been served, 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 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 our respective successors and assigns.

You are prohibited from transferring or assigning the Contract, or any of the rights or obligations under it, in any way, without our prior written consent. We will have the right to freely transfer, assign, subcontract or dispose of in any way and at any time the Contract, or any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposition of the Contract will have no impact on the rights which you are entitled to as a consumer or will void, reduce or limit in any way 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 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 Event means any act, event, non-happening, omission or accident beyond any reasonable control; this expression includes, by way of example but not limited to, the following:

  1. Strikes, lockouts or other industrial action.
  1. Riots, riots, 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 referred to in the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension to perform the Agreement equal to the duration of that period. It is understood that, while pending Force Majeure Events, we will endeavor to find a solution by which to comply with our contractual obligations.

ARTICLE 26: WAIVER

If we omit, during the execution of the Contract, to claim the exact fulfillment of any of your obligations, or of any of the obligations set out in these "Terms and Conditions", or again, we omit to exercise any of the rights or actions to which we are entitled under the Agreement or these "Terms and Conditions", this will not constitute a waiver of such rights or actions and will not relieve you of the performance of the related obligations.

Our possible tolerance in the face of your default will not constitute any waiver to react in the face of a subsequent default.

No waiver by you with respect to 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 judged invalid, illicit or unenforceable by the competent authority, such article, clause or provision will be considered as not affixed 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 relating to the subject matter of the Contract and supersede any previous agreements, understandings or agreements between us, whether it oral or written.

You and we both acknowledge that, in entering into the Agreement, neither you nor we relied on any representation, undertaking or promise made by the other party, or inferable from what was said or written during the negotiations prior to the Agreement, but only on what expressly stated in these Terms.

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 only actions that the other party may undertake will be for breach of the Agreement, as provided in these Terms.

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 the order, unless a modification of the "Terms and conditions" or the " Privacy policy " must be made pursuant to the 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 controversy deriving from or relating to the use of the website or to such contracts, in the event of a legal action, the judge of the place of residence or domicile of the consumer will have jurisdiction.

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

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

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

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

To this end and in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement 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 settlement of disputes arising from contracts for goods and services concluded online between consumers and professionals.

ARTICLE 32: SMS MARKETING


By consenting 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 our review, even if your cell phone 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 with STOP to any mobile message sent from us or use the unsubscribe link we have provided to you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting 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, send a HELP message to the number you received messages from. You can also contact us at customercare@tenoha.it for more 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 phone number or shortcode that we have modified, including any requests for STOP or HELP, may not be received, and we will not be responsible for honoring any requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for any failure, delay, or misdelivery of any information you submit through the Service, any errors in that 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 consult our Privacy Policy to determine how we collect and use your personal information.

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Last updated: 04/02/2023

TENOHA MILAN

Sayu Milan Srl

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

VAT number 09666400966

REA number: MI-2105354

ATTACHED

Model withdrawal form

(fill in 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

info @tenoha.it

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

Ordered on (*)/received on (*)

____________________________

Consumer name

_____________________________

Consumer address

___________________________

Signature of the consumer (only if this form is notified in paper version)

__________________________

Date

_________________________

(*) Delete the unnecessary wording