These terms and conditions govern the sales of products on the www.evaresource.com Site and govern their use. Seller reserves the right to change these Terms and Conditions and the Privacy Policy from time to time, for example as a result of changes in legislation or regulations or in the functions of the Site. The aforementioned changes will be made known to the Users through the Site with an appropriate notice and for the duration of 10 (ten) days from the date of the change. The online sale of products on the Site is governed by the rules of the Consumer Code Legislative Decree. No.206/2005 and the Electronic Commerce Code Leg. n. 70/2003. The following are the Terms and Conditions of Sale applicable to any Product sold on the Site.


For the purposes of this contract: Vendor: Evatess S.r.l., with registered office at Via Roccole 107, 25047 Darfo Boario Terme (BS), enrolled in the Brescia Companies Register under no. REA 594686, VAT no. 04178760981, pec: evatesssrl@lamiapec.it Terms and Conditions or Contract: the set of these contractual clauses that determine and define the relationship between the Seller and the Customer. Platform or Site: the Site www.evaresource.com Users: any individual who accesses the Site and continues browsing it Customer: any individual who purchases products sold through the Site. Consumer: the natural person acting for purposes unrelated to professional activity or entrepreneurial. Professional: the natural or legal person acting in the exercise of his or her entrepreneurial and commercial activity and purchasing with VAT number. Products: sale under Electronic Commerce, mainly of fabric stocks by the meter Purchase Order or Order: the proposed purchase made by the User through the procedures of the Site and in particular through the Shopping Cart. Purchase: the onerous purchase of the above products from the day the purchase is concluded. Shopping Cart: the stage of the purchase procedure in which the User formulates his or her purchase proposal, selecting the method of payment, delivery of goods and the like.


These Terms and Conditions of Sale pertain to the products set forth in Article 3 below and are valid between Seller and any User who makes, as a Consumer under applicable regulations or as a Professional, a purchase on the Site. If any of the conditions is found to be null or ineffective, any nullity or ineffectiveness does not extend to the remaining clauses of these terms and conditions.


The Site is engaged in retailing, under the Electronic Commerce regime, mainly of fabrics by the meter for clothing that come from high fashion processing scraps. In each sheet, the weight and height of the fabric and the percentages referring to the material will be indicated; however, some errors, inaccuracies or small differences may show up since these are fabrics from stock. All fabrics are subject to limited quantities and a minimum of 6 meters is required for purchase. Images of Products on the Site are for demonstration and illustrative purposes and are represented as best as possible by including color detail with reference to pantone. Being stock fabrics the same may have imperfections and to this end the Customer buys on a "seen and liked" basis. In case of imperfections, it is recommended to contact the seller. Finally, some errors, inaccuracies, or minor differences between the graphical/photographic representation of the Product and the actual Product may become apparent. Therefore, photographs of Products presented on the Site do not constitute a contractual element, as they are merely and symbolically representative of the Product sold. Given this particular mode of sale, the User is advised that any discrepancies between the representations of the Products on the Site and the Products actually delivered are contestable only if notable.


The prices of the Products are displayed in Euros excluding VAT, which will be calculated in the shopping cart. Specifically, the shopping cart will detail: - the price of the Product; - delivery charges. Prices in the online store are subject to change. In such cases, the prices published at the time of the Order on the online store are considered.


In order to be able to make purchases from the Site, the User will have to make a special registration, through which he or she will have to enter his or her personal information and choose the method of purchase. The User is responsible for the truthfulness and correctness of the same. In the case of registration, when entering data, the User warrants that: - Be of legal age and legally capable; - Possess the proper requirements for registration required at the time of registration; - Comply with all legal and contractual regulations applicable to these Terms and Conditions; - To be the rightful owner of the data entered, which are intended to be true, correct and up-to-date. Registration coincides with the opening of an account. Upon registration you will be asked to give your name, e-mail and a password. The e-mail address provided during registration allows the Vendor to notify you of all messages related to the Services, Products, and the Site in general. The use of temporary emails for registration is prohibited. In cases of abuse, the Seller reserves the right not to accept the registration, revoke it, as well as report for action to the competent authorities. All transmitted data will be treated in strict compliance with the Privacy Protection Law. The Seller will use them to complete orders, and only if explicit consent is given in this regard, the data may also be processed for the purpose of providing information about its initiatives, such as news or promotional discounts.


The User will be able to purchase all the Products offered for sale within the Site, respecting the minimum limit of 6 meters, as described in the relevant information sheets, following the purchase procedures provided in the Site itself. When purchasing the Products, the Customer must follow all instructions contained on the appropriate page of the Site To purchase the Products, the Customer must complete and submit to the Seller the Purchase Order form in electronic format, following all instructions contained on the appropriate page of the Site. The Customer shall place the Product he/she wishes to purchase in the appropriate "Shopping Cart" and, after reviewing the Terms and Conditions, shall select the desired payment method and proceed with payment The applicable Terms and Conditions are those in effect at the time of the Order and can be found on the Site. The contract entered into between the Seller and the Customer shall be deemed concluded with the acceptance of the Order, by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer by an email, sent to the email address provided. The Seller reserves the right to evaluate the acceptance of orders received and may reject or otherwise not process purchase orders that are incomplete or incorrect, or in the event of unavailability of Products or that result in the delivery of Products ordered in certain inconvenient geographic areas. The Seller will notify the Customer of any inability to accept orders received as soon as possible beginning from the time the Customer has transmitted the Order and will refund any sums already paid by the Customer for payment of the Products. Any right of the Customer to damages or compensation, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or property, caused by the Seller's non-acceptance, even partial, of an Order is excluded.


The payment methods available on the Site are as follows: 1) Payment by Bank Transfer In this case, the Order is considered completed when the Seller receives the actual crediting to its bank account, which must occur within 2/3 business days of its execution. Past this deadline, the Order will be deemed automatically cancelled. The shipment of what has been ordered will take place only upon the actual crediting of the amount due to the Seller's bank account. The Bank Transfer must include the reason for payment, Customer's first and last name and order number. 2) PayPal If the Customer chooses to pay through the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or by creating a new account easily and immediately. PayPal protects buyer information in that no financial information is passed. A confirmation e-mail from PayPal will be sent with each transaction made by this method. The amount of the order is debited from the PayPal account when the order is taken. In case of cancellation the amount is refunded to the Customer's PayPal account.


Product preparation time is 48 working hours from placing the order. Seller will make delivery of purchased Products by carriers with standard service, Monday through Friday, excluding holidays and national holidays. Products shipped in Italy are indicatively delivered within 3-5 working days and within 7 working days in remote areas and islands. Products shipped within the European Union are delivered approximately within 5-8 business days of shipment. The above delivery terms are indicative only and not essential. Any variation to the above will be promptly communicated by e-mail to the Customer. The Customer at the time of delivery should check that the packaging is intact and clean and that the Products received correspond to what was purchased. In the event that a product arrives that is damaged in transit or different from what was ordered, the Customer must carefully document with photographs the unpacking steps and the goods so that any damage can be proven. The Consumer Customer may request the Seller via email for replacement and/or refund upon return of the damaged product. The Professional Customer may apply to the Seller via email for a replacement and/or refund and/or a price discount.


All purchases made from the Site are covered by the Right of Withdrawal Guarantee, which gives the option to return, for any reason, the purchased product and be reimbursed within 14 days. To exercise this right within 14 business days from the date of delivery of the goods, it is sufficient to notify the Seller that you wish to withdraw in whole or in part from the purchase by any express statement to that effect (e.g., by registered mail with return receipt, or by e-mail). Within the same period of time, the Customer must arrange, using a shipping method of his choice, for the shipment of the goods reinstated in their original packaging, undamaged and in perfect condition complete with all its parts, and carefully packed to the Seller's premises. The package must include all documents received. We recommend insuring the shipment against theft and shipping damage. COD packages will not be accepted. The only charges required are those related to the return of the product. Upon receipt of the goods, once the integrity of the returned Product has been verified, no later than 14 days, the Seller will refund the cost of the shipped goods. Expenses incurred in returning the goods are excluded from the refund. The risks of transportation for the return of the Products are fully borne by the Customer, as well as the costs necessary to return the Products subject to withdrawal. Finally, without prejudice to the foregoing, please note that the Customer is responsible for any diminution in the value of the Products resulting from any handling of the goods other than what is necessary to establish their nature, characteristics, and operation. The Customer expressly acknowledges and agrees that: - the right of withdrawal does not apply to products received by more than 15 working days (in which case the return of the goods will be refused). - the right of withdrawal cannot be exercised if the purchased products have been used, cut and/or sewn even partially.


The Consumer Customer has the right to the legal warranty of 24 months in accordance with Dlgs d.lgs. 206/2005 as amended only on unfinished products. In the event of receipt of Products that do not conform to orders or are defective, the Customer shall notify the Seller by e-mail, including any photographs and details. In order to qualify for the warranty, purchase documents must be shown. In case of lack of conformity of the good, the consumer has the right: - To the restoration of compliance, - Or to the proportional price reduction, - Or to the termination of the contract. For the purpose of restoring the goods to conformity, the consumer may choose between repair and replacement, provided that the chosen remedy is not impossible or excessively burdensome for the seller taking into account: - Of the value of the asset in the absence of the defect, - Of the extent of the defect, - Of the possibility of exhausting the alternative remedy without inconvenience to the consumer. The consumer has the right to proportional price reduction or termination of the contract: - If the seller has failed to repair or replace the good, - If a lack of conformity becomes apparent despite an attempt to restore the good, - Whether the lack of conformity is so serious as to warrant price reduction or termination, - If the seller has stated or it appears from the circumstances that he will not restore conformity within a reasonable time. The consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the seller to prove it. The consumer is entitled to a price reduction proportional to the decrease in value of the good. If the contract is terminated, it is exercised by direct declaration to the seller. If the lack of conformity concerns only some of the delivered goods, the contract may be terminated limited to them. In case of termination, the consumer: - must return the goods to the seller at the seller's expense, - the seller shall refund to the consumer the price paid for the goods upon receipt of the goods or evidence provided by the consumer that the goods have been returned or shipped. If the Customer is a Professional, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided by the Civil Code, whereby in the case of defects in the Products sold but not finished that make them unfit for use or that are such as to appreciably diminish their value, the same may request a reduction in price or termination of the sale in the cases provided for by the same Civil Code and to this end he must notify the Seller of the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.


The Vendor assumes no responsibility for inefficiencies attributable to force majeure that prevented, in whole or in part, the execution of the contract in the prescribed time. The Seller shall not be liable to Customers for any damages, losses and costs incurred as a result of non-performance or delayed performance of the contract, the Customer being entitled only to a refund of the price paid. The Seller shall not be liable for damages resulting from disconnections, interruptions of the Site, as well as loss of data consequently occurring and attributable to the same. In case of force majeure the execution of the Order will be suspended. This suspension may last for a maximum period of 3 (three) months, after which the Parties may by mutual agreement decide whether to cancel or proceed with the Order.


The Site (and its content and graphics), trademark, domain name, related sub-domains, and all intellectual and industrial property rights relating thereto, are the exclusive property of Seller, are reserved by Seller, and are not and will not be transferred or licensed under any circumstances to Customer. Therefore, the User or Customer may not reproduce, duplicate, copy and redistribute, retransmit including to other websites, transfer or otherwise make available to third parties in any capacity or otherwise use for purposes other than storage and/or consultation the Sites and/or Site Content, without the prior express and formal approval of the Seller.


Failure of the Seller to exercise a right does not constitute any waiver of its right to take action against the Customer or any third party for breach of commitments. Therefore, the Seller reserves the right to enforce its rights in any case, within the terms granted.


The Personal Data provided or acquired will be subject to Processing based on the principles of fairness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. Seller, as the Data Controller, processes Users' Personal Data by taking appropriate security measures to prevent unauthorized access, disclosure, modification or destruction of Personal Data. The Processing is carried out by means of computer and/or telematic tools, with organizational methods and logics strictly related to the indicated purposes. The User's Data are collected for the execution of pre-contractual measures; to fulfill the obligations arising from the stipulated contract; for the registration procedure aimed at the purchase of Products; to follow up on specific requests addressed to the Owner by the User; to send promotional and commercial information and offers also through the newsletter service according to the consent freely expressed by the User; for soft spam purposes for promotional communications having as object the purchased Products without the need for the express and prior consent of the User, as provided for by art. 130, Paragraph 4, Privacy Code as amended by Legislative Decree No. 101 of 2018. The Client is therefore invited to carefully read the information on the processing of personal data (Privacy Policy ) made pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy).


These Terms and Conditions are governed entirely by Italian law. Any dispute arising in connection with the validity, interpretation, performance and termination between the contracts entered into online by the Customer Consumer with the Seller shall be within the exclusive jurisdiction of the court of the place of residence of the Consumer (so-called consumer forum). Any dispute arising in connection with the validity, interpretation, execution and termination between the contracts entered into online by the Professional Client with the Seller shall be the exclusive jurisdiction of the Court of Brescia.


According to Article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation Procedure (ADR). Pursuant to Art. 14 of Regulation 524/2013, in case of a dispute, the Consumer Customer may file a complaint through the ODR platform of the European Union. For more information contact the Vendor.


For further information of any kind you can contact the Seller at the following contact details: pec: evatesssrl@lamiapec.it Pursuant to Articles 1341 and 1342 of the Civil Code, the Customer declares that he/she has carefully read and accepts all the clauses of these Terms and Conditions of Sale and in particular those of Articles 3, 7, 10, 12 and 16.