Terms & Conditions of Sale

Geographical Area

new tess – Division of Clerici Tessuto & C. spa, hereinafter referred to as new tess, will accept and process orders for delivery to all countries of the world where it is possible to send shipments via carriers, except where it is expressly prohibited by local laws or international directives.

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Purchase through e-commerce platform

In order to purchase using our e-commerce platform, the Customer will have to register in advance his account in shop.newtess.com, providing to new tess all the information necessary to enable new tess itself to proceed to the correct management of the order made, in accordance with the provisions applicable to the protection legislation of the personal data.

Once completed the registration of the account the Customer will be able to purchase, by placing the articles chosen in a “virtual” shopping basket which will always display the full content before the confirmation of the same.

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Payment method

The payment of the order will be executed with electronic money on PayPal platform, Visa – Mastercard network.
Alternatively, for customers in the European Union or resident in a country where PayPal service is not available, it will be possible to pay with bank transfer, to be arranged at the latest 30 days after order’s receipt, otherwise the order will be cancelled.
Any doubt please contact our Customers Service through live chat, sending an e-mail to the address shop@newtess.it or call the the number +39 02 69490329 during following hours:
Mon – Fri from 9 a.m. to 5 p.m.

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Order receipt

The order acknowledgement will be confirmed by sending the copy of the order itself to the e-mail address given by the customer. This message confirmation will list all the data inserted by the customer. By placing the order in shop.newtess.com the customer states to have seen the conditions of sale, the terms of payment proposed, the whole purchase process and to have accepted them.

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Invoicing

new tess will issue regular invoice of the goods sent for each order and after the payment registration. The hard copy of the same will be used for any customs requirements and in any case will be also sent by e-mail to the holder in accordance with Italian ex art. 14 Presidential Decree 445/00 and Legislative Decree 52/2004.

The data provided by the customer during the registration of his account or when compiling / confirming the field “billing and shipping” will be inserted in the invoice at the moment of the order and no change will be possible after the issuance of the invoice.

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Shipment

All the orders placed on our e-commerce platform will be shipped by courier. The transport costs will be always charged to the Customer. Shipping charges may also include any additional costs not dependent on new tess, such as Customs duties or specific local taxes.

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General information on our articles and limitations

The registered customer can purchase the items present on our e-commerce platform at the moment of the order. The images of the color options of each article proposed, due to the different colorimetry of the source from which they are viewed and selected by the customer and for the specificity of the article in the catalogue, may differ from the actual color of the item sent; however, we guarantee a compliant tolerance level that does not prejudice the choice made.

The technical data sheet supplied with each article are complete and exhaustive of its characteristics and in compliance with the current legislation, in case of doubt or need of further clarification, before confirming the order, please contact our Customer Service using the live chat service during the opening hours, the e-mail address shop@newtess.it or calling directly the number +39 02 69490329 our sale consultant will be operating during the following hours: Mon – Fri, from 09.00 a.m. to 5 p.m.

There is the possibility of multiple purchases at the same time by many registered users , for this reason New Tess reserves the right, once received the order, to check the availability of the item and, in case of its failing, to promptly inform the non-acceptance of the order sent or the future date of the availability of the same. No responsibility can be attributed to new tess.

For logistic reasons the maximum order quantity for each item and colour option available will be 35 (thirty) linear meters; in case of need of higher sizes we kindly ask You to contact our Customer Service via live chat service during the opening hours, to the email address shop@newtess.it or directly at +39 02 69490329 during the opening hours previously indicated.

The choice about the type of packaging for the shipping and the packing mode (flaky, pipe, etc.) of the items ordered will be carried out according to our final decision.

Each fabric length shipped will be accompanied by specific identification tag indicating the order data, the fabric technical data present also in shop.newtess.com, the washing and ironing instructions; considering the importance of these information it is recommended to keep this tag with the utmost care for the future.

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Data protection

new tess reserves the right to store the data for each order placed and the relevant Customer’s contact details in order to use them for its proper execution, even with the transmission to our business partners involved in the various steps of the handling (payment, logistics management, customer care, after-sales service, etc.).

The storage and the data processing will take place according to the contents on the disclosure concerning the protection and the use of the data by New Tess, Division of Clerici Tessuto & C. SpA.

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Returns management and right of withdrawal

As confirmation of our policy of transparency and pursuit of the total satisfaction of our customers we would like to inform You that new tess joins and applies the European Legislation and its national transpositions regarding returns and withdrawals.

Definition of Customer-Final User and Professional Client

It is defined and will be considered as Customer- European Final User (later named only “User”) the natural person who buys goods for purposes not related to his business activity, who therefore does not indicate in the order form any VAT number and is permanently resident in one of the countries belonging to the European Community at the time of the order.

The non-resident natural person in one of the European Community countries cannot be considered as a Customer- European Final User, therefore he will not have the chance make use of the clauses specified in Decree 21 of 21 February 2014 concerning, for example, the right of the contract withdrawal, the use of the ODR platform for the resolution of any disputes and/or controversies and later better specified and of the procedures for the reporting and the management of any defects of the fabric purchased, so the non-resident natural person in one of the European Community countries will be subject to the sales clauses of the Professional Client described below.

It is defined and will be considered as a Professional Client the person who, during the account registration on our website or at the moment of the confirmation of the billing details when purchasing our products, will communicate a valid VAT registration number (VAT Number) of his country of residence or, in the absence of a VAT Number, will register as a company during the account creation.

Customer – European Final User

In accordance with EU Directive 2011/83/EU, implemented in Italy by Legislative Decree 21 of February 21, 2014, the customer has the right to cancel the purchase contract for any reason, without explanation.

The Italian Legislation states that for any online and/or on specific e-commerce platforms purchase, the end user has the possibility to return the goods within 14 working days and, in case of compliance/integrity of the return, to be reimbursed at 100%.

The only cost to be borne by the user will be the shipping and packing costs for the product return.

NOTE: If you have a PayPal account, you can get your return shipping costs refunded. Click here to find out how. The service is free and valid also on international shopping.

Only the Customer – European Final User (later named only “User“) will be able to exercise this right, namely the natural person who buys the goods for purposes not related to his business activity, who therefore does not indicate in the order form any VAT number and is permanently resident in one of the countries belonging to the European Community at the time of the order.

The User is, and will be, the only responsible for any decrease in the value of the items purchased resulting from their different handling than the necessary one just to establish the nature, the characteristics and the overall compliance of the purchase.

In order to establish the nature, the characteristics and the conformity of our items compared to the needs, the User will only have to handle and inspect them in the same way as he would be allowed in case of a traditional sales channel (eg. Shop); consequently during the activation period of the withdrawal paperworks, the user will have to handle and inspect the items in question with the due diligence.

In accordance with article 14 of the 524/2013/EU regulation also we also would like to inform You that, as User resident in the European Union Territory, You will be able to make use even of the ODR platform (Online Dispute Resolution) made available by the European Community, in order to resolve any disputes and/or controversies.
The European ODR platform is available at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm

Procedure for the withdrawal right reserved to the User

• The right of withdrawal may be exercised by the User within 14 days from the receipt of the goods purchased. The User will have to communicate, by registered post with acknowledgement of receipt, fax, mail or PEC Certified Mail-to New Tess, the will to exercise this right.
• the notice of withdrawal will have to specify the Identification Return Code (I.R.C.): this identification code can be simply requested by sending an email to our Customer service to the address shop@newtess.it
• Once we will receive the communication relating to the will to exercise the right of withdrawal from the purchase contract, our Customer Service will contact directly the User via email to confirm the acceptance of the request and authorize the dispatch of the package containing the material.
• Within 14 days from the date of the written acceptance of the withdrawal by new tess, the user will be required to return the product/s by courier/logistics of confidence. The User is obliged to take care of the shipping costs, we also remind that the responsibility for the product during the return shipment will be made entirely at His expenses.
• new tess will refund all payments received by the User, possibly including the original shipping charges, without undue delay and in any case within 14 days from the date of receipt at his own warehouse of the items included in the order subject of the request for withdrawal or, in case of non-compliance of the return, with relative decrease of the value. We will make the refund by bank transfer, except in case of different agreements and provided that this does not entail any fees as a result of such refund.

Limitations on the right of withdrawal of the User

• In accordance with the Italian Legislative Decree 21 of February 21, 2014 the right of withdrawal cannot be exercised by those customers who will insert the VAT in the invoicing information at the time of the registration of their account or at the purchase confirmation, since they will not be considered as Users.
• It will not be possible to exercise the right of return/withdrawal only on part of each item purchased or part of the total order
• It will not be possible to exercise the right of return/withdrawal in case of modification of the original state of the fabric than the one received (cut, sewed, embroidered fabric, etc.)
• The right of withdrawal cannot be exercised in the absence of the original packaging, of all the accompanying elements of the article or of the product purchased and/or anything else present in the original packaging shipped.

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Complaints management due to defectiveness

• In order to guarantee the maximum satisfaction to our customers, new tess will fully apply the principles in accordance with the European Directive 2011/83/EU, transposed in Italy with the Legislative Decree 21 of February 21, 2014.

  Should the User find any fault or defect of the purchased goods during the warranty period covered by the regulations of the above European Directive, he will have 60 (sixty) days to communicate the presence of the defect itself and to require the complete replacement of the article/product or as an alternative the settlement/repair of the fault or the defect found; we will make our best effort to agree with the Customer even any other solutions (credit note, replacement with a similar fabric, etc.).

  The report about the presence of defects/faults on the goods purchased must be made by sending a written communication to our Customer Service to the email address shop@newtess.it, possibly enclosing a photographic evidence of the defect in order to facilitate the management by the office in charge.

• Even in case of hidden defect of the goods purchased (eg. Color decay / color change under certain environmental conditions, general decay of the quality of the fabric, etc.) New Tess will apply the principles in accordance with the European Directive 2011/83/EU, transposed in Italy with the Legislative Decree 21 of February 21, 2014.
• Attached to every fabric cut shipped will be a label with the indication of the order, the fabric technical specifications (also present in shop.newtess.com) and the cleaning and ironing instructions; it is recommended to keep this label with the utmost care.
• Our Customer Service will directly contact via email the User as soon as possible to confirm the acceptance of the request and authorize the dispatch of the package containing the material to be returned, providing the Identification Return Code (I.R.C.). The shipment must take place within 7 days from the date of the return authorization.
• The decision about the mode of arrangement/removal of the reported defect subsequently identified will be referred to the User, except in cases where the remedy chosen is objectively impossible to apply or unreasonably expensive than the other; we will make every effort to reach an agreement with the Customer by proposing any other solutions (credit note, replacement with a similar fabric, etc.).
• In case of return of the defective item, the goods will have to be packed accurately in order to prevent any damage during shipping, if possible using the original packaging; the product found to be defective will have to be complete with everything sent in origin. The shipment of the goods returned due to defects will be borne by New Tess, for any further information please directly contact our customer service, etc.).
• In case of obvious defect of the fabric purchased no complaints/claims will be accepted in case of any alteration of the original status of the fabric than the one received and/or in the event of any successive processings of the fabric itself (fabric cut, sewed, embroidered, etc.), instead in case of hidden defect this clause will not be applied
• Upon the goods arrival new tess will check the integrity of the parcel and the conformity of the goods inside, including the presence of all the items provided with the original product. In case of non-compliance or failure to comply with the return procedures by the Customer, new tess will immediately notify him for the appropriate evaluation.

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Professional Client

As previously described, Professional Client is referred to those who, at the moment of the account registration on our website or at the indication of the billing information during the purchase of our articles, will provide a valid VAT number.

For this type of customer the right to return is allowed only and exclusively in case of established and verified problems about the quality of the goods purchased. Please refer here for the defects table.

Considering the product specificity of our items, complaints about hidden defects (eg. discoloration under certain environmental conditions, etc.) will be taken into consideration within 3 (THREE) months from the date of delivery of the material.

Complaints regarding obvious faults or defects (eg. holes, tears, uneven fabric color, visible print defects, etc.) will be taken into consideration within 7 (seven) days from the delivery date.
The right of withdrawal in accordance with the regulations of the Italian Legislative Decree 21 of February 21, 2014 is not allowed since it is not related to the type indicated for the User.

Complaints management due to identified defectiveness

• The Professional Client, in order to activate the return procedure due to obvious defects, will have to send, no later than seven days from the date of goods receipt, a report of non-conformity / defectiveness by written information to our Customer Service to the e-mail address shop@newtess.it specifying, in as much detail as possible, the type of defects found and the references of the article indicated in the specific tag attached to each fabric cut sent and that will have to be mandatorily attached to the return shipment.

  In order to make more efficient the management of the return procedures we ask to possibly include the photographic documentation about the defect reported.

• Our Customer Service will as soon as possible take charge the report sent, in any case within 3 working days, by contacting the Professional Client to eventually provide the Identification Return Code (I.R.C.)., required to make the shipment.
• Once received the I.R.C., the Professional Client will have to make the shipment of the goods no later than seven days from the date of written authorization to return.
• In case of obvious defect of the fabric purchased no complaints/claims will be accepted in case of any alteration of the original status of the fabric than the one received and/or in the event of any successive processings of the fabric itself (fabric cut, sewed, embroidered, etc.), instead in case of hidden defect this clause will not be applied.
• The return shipment will be borne by New Tess, the goods will have to be packed accurately in order to prevent any damage during shipping, if possible using the original packaging. The product/s will have to be complete with everything sent in origin. For any further information please directly contact our customer service.
• Upon the goods arrival new tess will check the integrity of the parcel and the conformity of the goods inside. including the presence of all the items provided with the original product. In case of non-compliance or failure to comply with the return procedures by the Customer, New Tess will immediately notify him for the appropriate evaluation.
• new tess will carry out a technical analysis – quality control of the material and, in case of establishment and verification of the reported defects, new tess will ensure the complete replacement of the item in the quantity received and detected during the technical inspection. In the event that the item/product to replace will be not available, our Customer Service will contact the Professional Client in order to find an alternative resolution of the problem (credit note, supply of a similar article, etc.)
• The shipment of any goods replaced will be fully borne by new tess.

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Legal notices

Jurisdiction for any legal dispute will be Como, without prejudice to the current legislation traceable to the Italian Legislative Decree 21 of 21 February 2014 about the European Directive 2011/83/EU

For more information, please refer to the Italian version of these General Conditions of Sale. In case of doubts in the interpretation, discordance of dispute, the Italian version shall prevail.