Terms and Conditions on www.castorina1895.com
1. INTRODUCTION AND DEFINITIONS
1.1 These Terms and Conditions rule distance purchasing and apply exclusively to purchases of items and services in the catalog or with specific customizations or requested by customers made through the website www.castorina1895.com (hereinafter “the Site”) property of: Castorina 1895 Srl
Registered office: Via Santo Spirito 15/r – 50125 Florence (Italy)
Tax code and IVA (VAT) number: IT06871490485 – Camera di Commercio di Firenze, REA Number: FI662668
Email: email@example.com – PEC: firstname.lastname@example.org – Tel. +39 055 212885
1.2 The online publication of these Terms & Conditions and the above information including phone number, serve as a presentation of the information on a durable medium provided to the Consumer Customer.
1.3 The Customer, as defined below, is required to carefully read and keep these Terms & Conditions.
1.4 The contracts concluded with Castorina 1895 Srl (as defined below) through the Site are under Italian law and, in particular, by Italian Legislative Decree 6 September 2005 n.206 “Consumer Code” and the Legislative Decree 9 April 2003 n.70 hereinafter “Ecommerce Decree”.
1.5 For the purposes of these Terms & Conditions it is intended – without distinction between use in the singular or plural – for:
a) “Castorina 1895 Srl”: the supplier of the items and services offered for sale on the Site;
b) “Customer”: the natural or legal person who purchases the items and/or services on the Site by accepting these Terms & Conditions;
c) “Consumer”: the person who purchases for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out;
d) “Distance contract”: the contract concerning the items and/or services offered on the Site to the consumer or professional for the sale without the physical and simultaneous presence of Castorina 1895 Srl and the consumer, through the exclusive use of one or more means of distance communication media. The definition also includes that of “sales contract” – that is, any contract under which the trader transfers or undertakes to transfer ownership of items to the consumer and the consumer pays or undertakes to pay the price, as long as it is concluded remotely;
e) “Parties”: Castorina 1895 Srl and the Customer collectively;
f) “Item/s”: the goods offered for sale and purchasable on the Site, through the stipulation of the distance contract; this definition also includes “Items created according to the consumer’s instructions”, or any product created or modified on the basis of an individual request by the consumer;
g) “Professional”: the natural or legal person who acts in the exercise of his/her business, commercial, craft or professional activity or an intermediary thereof;
h) “Service (s)”: the services offered for sale on the Site or that could be offered on the Site in the future, which can be purchased through the stipulation of the relative distance contract;
i) “Site”: collectively, it is the castorina1895.com website owned by Castorina 1895 Srl or other sites and platforms related to it where it is possible to stipulate a Distance Contract with Castorina 1895 Srl;
j) “Distance communication technique”: any means that, without the physical and simultaneous presence of Castorina 1895 Srl and the consumer or professional, can be used for the conclusion of the contract between the said parties, including the Site.
1.6 The rules and laws specifically envisaged for the protection of the Consumer do not apply to the Professional customer, who cannot avail himself of the particular rights and terms provided for by these Terms & Conditions exclusively for the Consumer, without prejudice to the applicability of all other conditions.
2.1 These Terms & Conditions rule the contracts stipulated through remote communication techniques between Castorina 1895 Srl and the Customers and are related to Items and/or Services offered for sale on the Site.
2.2 The Distance Contract is ruled by the Terms & Conditions version in force at the time the order is placed by the Customer.
2.3 The purchase of Items and/or Services imply the complete acceptance of these Terms & Conditions and the registration of the Customer on the Site.
3. INFORMATION TO CUSTOMERS
3.1 The characteristics of the items and services offered by Castorina1895 are stated in the descriptions published on the Site. The Customer must carefully read descriptions before submitting the purchase offer. Castorina 1895 Srl reserves the right to modify the technical information of the Items, even without notice. The following information is shown in the descriptions and/or other web pages of the Site:
the availability of the Item; the price of the Item (VAT included); the shipping and delivery costs (VAT included) depending on the shipping and delivery methods offered on the Site and selected by the Customer; any other additional cost; the methods of payment.
3.2 It is possible to follow a guided procedure that allows the Customer to verify and then validate any information entered at any time and to correct errors before sending the purchase order on the Site.
3.5 The system on the Site requests confirmation of the correctness of the data entered and reports any error due to the omission of mandatory data in the order fields.
3.6 By sending the order, the Customer offers to purchase an Item or Service. The order does not bind Castorina 1895 Srl in any way prior to Castorina 1895 Srl acceptance and confirmation of the order received from the Customer with a communication sent via email.
3.7 The Customer will receive an email summarizing the order and purchase. After that the content of the purchased order can be retrieved by the Customer (if the same is registered on the website) in their personal area.
3.8 The Consumer expressly acknowledges that the purchase offer – if accepted by Castorina 1895 Srl – involves the obligation to pay the established price and all the related costs specified and that these Terms & Conditions will be binding once the order is confirmed.
4. ACCEPTED PAYMENT METHODS
4.1 The payment of the products and shipping fees can only be made through one of the following: Paypal (account or credit cards via Paypal) or bank transfer.
4.2 PAYPAL/CREDIT CARD: Paypal is a secure server and leading platform in the world in the field of e-commerce payments. Once the order has been confirmed, by selecting payment via Paypal, the Customer will be automatically redirected to the Paypal page to make the payment with his current account or using a credit/debit card, or in any case according to the methods accepted by Paypal and in compliance of conditions.
4.3 BANK TRANSFER: the Customer is required to make the transfer within 2 (two) days from order date. After the confirmation of the credit transfer, Castorina 1895 Srl will send the purchased Items. Failure to pay within two days will result in the cancellation of the order and Items will be available for sale to other customers.
5. DISTANCE EXECUTION OF THE CONTRACT
5.1 Unless otherwise agreed between the Parties or except in case Castorina 1895 Srl informs the Customer of different timing regarding delivery of the Items, based on the availability of the Items and Services or on the basis of specific Customer requests involving particular execution times (which cannot be considered as an extension of delivery times imputable to Castorina 1895 Srl) – the distance contract concluded according to these Terms & Conditions will be processed within sixty days counting from the day following the order confirmation sent by Castorina 1895 Srl.
5.2 Shipping services available are stated on the Shipping page of the Site, and are a part of these Terms & Conditions.
5.3 When the courier delivers items, the Customer is required to check: that the package is intact, undamaged and compliant with the standard characteristics, and that the number of packages actually delivered is the same as indicated by Castorina. If at the time of delivery there is any evident damage to the packaging, the Customer is required to accept the package by adding the words “I accept with reserve”, or reject the damaged items if it is not possible to accept the package with reserve or in case the damage is visible without having to open the package. Any disputes must be raised immediately to the carrier. In the absence of disputes raised to the carrier, the Item will be considered correctly delivered.
5.4 Where the Customer requests shipping and delivery in a country other than Italy, upon arrival in the Customer’s country, the purchased Item may be subject to the payment of customs duties (by example, taxes, duties, taxes, commissions, etc.), which are always charged to the Customer. Castorina 1895 Srl is not responsible for customs taxation and is not required to check the amounts. It is up to the Customer to check in advance the amount of any such charges. The Customer is informed that customs procedures could cause delays in the delivery of the Item.
6. RETURNS AND REPLACEMENTS
6.1 Return is possible for Consumer Customers only.
6.2 The consumer customer has a time of 14 (fourteen) days to withdraw from the distance contract and return Items without giving any reason and without incurring any liability. It is understood that the costs for shipping and returning the Items apply and are paid by the consumer and that the Item must be returned in its original packaging and in a compliant manner in order not to cause possible damage to Item /s during the return shipping.
6.3 The integrity of the Item is an essential condition for returning.
6.4 Before the returning time expires, the Consumer will in any case inform Castorina 1895 Srl of his decision to return Items by contacting the numbers and/or e-mail addresses stated in these Terms & Conditions.
6.5 In case of returning Items – within the terms and in the manner specified – Castorina 1895 Srl will reimburse the Consumer only for the payment received for the product – all shipping and/or insurance costs being excluded.
6.6 Castorina 1895 Srl will reimburse the Consumer using the same payment method used by the Consumer for the initial transaction, unless otherwise agreed in writing between the Parties.
6.7 Castorina 1895 Srl will not reimburse any additional costs, nor pay any sum for customs duties.
6.8 Castorina 1895 Srl may withhold the reimbursement until delivery of the returned Items that the Consumer undertakes to return, without delay and in any case within fourteen days from the date he communicated his decision to withdraw from the Distance Contract and return Items.
6.9 Returns will not be accepted for Items that are clearly customized or requested with any kind of personalization such as sizes and/or finishes by the consumer.
7.1 All product descriptions, illustrations, representations, details, dimensions, performance data and any other information available on the site must be understood as general illustrations of the products and – given the artisanal nature and the “handmade” nature of the Items – do not represent in any way a guarantee or declaration of conformity of the Items to them.
7.2 Only in the case the Item purchased by a Consumer turns out to be clearly distant from the description on the Site, the Consumer Customer will be able to benefit from the warranty rights (art. 49, paragraph 1, letter (n) of the Italian Consumer Code).
7.3 In the event of a lack of conformity of the Item, the Consumer Customer can ask Castorina 1895 Srl to restore, without charge, the conformity of the goods by repairing or replacing the Item or having an adequate reduction of the price. The consumer customer can ask, at his choice, Castorina 1895 Srl to repair the good or replace it, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
7.4 Given the artisanal and handmade nature of the Items listed on the Site, slight variations in sizes, shapes, colors due to the artisanal production processes and the creation of the Items will not be considered lacks of conformity. Slight alterations or differences between the products guarantee the craftsmanship of the production and constitute a value.
7.5 A minor lack of conformity which makes excessively burdensome repair or replacement, does not give the right to terminate the contract.
7.6 Except for willful misconduct or negligence, the liability of Castorina 1895 Srl, for each sale governed by these Terms & Conditions, cannot in any case exceed the price paid by the Customer for the purchased order. No responsibility and/or indemnity may derive from the non-acceptance or fulfillment, even partial, of an order.
8. FORCE MAJEURE
8.1 Castorina 1895 Srl will not be held responsible of its obligations if the fulfillment is delayed due to a Force Majeure event. “Force Majeure” means any event beyond the reasonable control of Castorina 1895 Srl such as: natural events, terrorist acts, storms, floods, fires, riots, acts of sabotage, ban on trade, strike, suspension of energy, equipment failure, transport delays due to the same causes reported as Force Majeure, orders from civil authorities, acts, regulations, orders of any government authority, acts of war, interruptions of the Internet service, acts or omissions of the Customer.
8.2 The contractual deadlines are postponed for the time necessary to overcome the consequences of a Force Majeure cause.
8.3 In the event that the Force Majeure event lasts for more than a month, both parties may terminate the contract and will agree in good faith on the consequences of such termination.
9. PROCESSING OF PERSONAL DATA
10. INTELLECTUAL PROPERTY RIGHTS
All trademarks (registered and unregistered), any and all intellectual property, distinctive sign or denomination, image, photograph, written or graphic text and more generally any other asset protected by the laws and international conventions on intellectual property and industrial property, reproduced on the Site, remain the exclusive property of Castorina 1895 Srl and/or its assignors, without the Customer having any rights over them from accessing the Site and/or purchasing Items. Any use, even partial, of the same copyrighted material is prohibited without prior written authorization of Castorina 1895 Srl and/or its assignors. All rights reserved.
11. APPLICABLE LAW AND JURISDICTION
The sale contract between the Customer and Castorina 1895 Srl is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these Terms & Conditions or individual purchase orders, territorial jurisdiction is exclusively that of the Court of Firenze, Italy, any other competent court excluded.