Terms and conditions of the service
GENERAL CONDITIONS OF SALE
1.1. The sale of products concluded at a distance through this website (hereinafter referred to as the "Website") is governed by the following General Terms and Conditions of Sale.
The products offered on the Website are sold directly by Comunione Ereditaria di Cavalli e Nastri Jesi Claudia Pia (hereinafter referred to as "Cavalli e Nastri"). Cavalli e Nastri is a company incorporated under Italian law, with registered office in Via Gian Giacomo Mora nr 3 - 20121 Milan (MI) - Italy, VAT number, 12377270967, registered with the Companies' Register of Milan.
1.2. The use of the distance selling service governed by these General Terms and Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as "Customer" or, in the plural, "Customers") understood as natural persons acting for purposes not related to their commercial, entrepreneurial, handicraft or professional activity possibly carried out, over 18 years of age (or, if minors, authorized by their legal representative).
The resale or transfer for any commercial or professional purposes of the products purchased on the Website is expressly prohibited.
1.3. Products offered for sale on the Web Site may be shipped worldwide, subject to limitations imposed and/or suggested by the shipper.
1.4. The languages used for the conclusion of the sales contract through this Web Site are: Italian and English.
1.5. These General Terms and Conditions of Sale are published on the Website in order to allow their knowledge as well as storage and reproduction by the Customer in accordance with current regulations.
1.6. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase. Cavalli e Nastri reserves the right to make changes and/or additions to these General Conditions of Sale at any time. Any amendments and/or additions will be effective only in connection with purchases made after the date of publication of the new version of the General Terms and Conditions of Sale. The replacement of these General Terms and Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability against Cavalli e Nastri of the same in relation to purchases made after their removal from the Website and this also in the event that said General Terms and Conditions of Sale were nevertheless consultable and/or accessible to the public through other websites, other than the one indicated above.
2. Availability of products
2.1. The Customer acknowledges that the products offered by Cavalli e Nastri on the Website (hereinafter referred to as the "Products") are numerically limited and is therefore aware that the Company shall check their availability at the time of purchase.
2.2. Inconveniences may occasionally occur with respect to the availability of certain Products. In such circumstances, Cavalli e Nastri will inform the Customer promptly (and in any case within the terms specified below) by e-mail of the cancellation of its order.
In the case of only partial availability, the Customer will be informed and within seven days may decide whether to cancel the entire order or receive only the Products available.
2.3. Cavalli e Nastri reserves the right to change the items placed for sale on the Website at any time, without prior notice.
3. Purchase procedure
3.1. Each Product offered for sale on the Web Site can be viewed through a special link that allows you to view photographic images of the item, unit price, colors and different sizes (if any).
3.2. The Customer may purchase one or more Products, Cavalli e Nastri reserves the right to change the limits on the quantity of Products that may be purchased through the Website at any time.
3.3. The Products chosen by the Customer will be placed within a special section (hereinafter referred to as the "Shopping Cart").
The description of the Products, including the measurements or sizes (if any), together with one or more photographic images in digital format, allowing a correct representation of the Products, will be included in the Customer's Shopping Cart.
3.4. Although Cavalli e Nastri constantly takes measures to ensure that the photographs shown on the Website faithfully reproduce the original Products, some variations are always possible due to the technical and color resolution characteristics of the device used by the Customer. Consequently, Cavalli e Nastri shall not be liable for any inadequacy of the graphic representations of the Products shown on the Web Site if due to the aforementioned technical reasons.
3.5. To view the selected Products and the total price of the purchase order, it is necessary to access the Shopping Cart page.
The Customer, before confirming its proposed order (hereinafter referred to as the "Order Proposal"), is required to verify the accuracy of the contents of the Shopping Cart and complete the purchase form according to the instructions provided on the Website.
3.6. The purchase process is concluded when the Customer selects the appropriate final order confirmation button (hereinafter referred to as the "Purchase Button"), thus validating his/her Order Proposal, which will be sent directly to Cavalli e Nastri.
After selecting the Purchase Button, the contents of the Order Proposal may no longer be changed by the Customer.
3.7 Before confirming the Order Proposal, the Customer shall declare that he/she has read and accepted these General Terms and Conditions of Sale. At the end of the purchase procedure, the Customer should save or print the General Conditions of Sale.
3.8. The purchase procedure must be completed in full; otherwise, the Order Proposal cannot be sent to Cavalli e Nastri.
3.10. Customers who have registered in the private area of the Website will be able to check the status of their order by logging into that area and entering the page relating to their orders.
3.11. The Customer is aware that he/she is responsible for the correctness and truthfulness of all the data entered on the Website or otherwise used when purchasing.
3.12 The Customer is also aware that on the Website it also has the option:
(a) To order Products that it wishes to permanently customize by adding permanent modifications in the manner indicated on the Website (by way of example, by hot stamping).
b) To purchase used products, in which case the Customer acknowledges that by transmitting the Purchase Order, the user declares himself aware that he is purchasing used products. Therefore, the defects covered by warranty that legitimize the request for return, are only those other than normal wear and tear of the Product or not arising from its normal use, taking into account the time of previous use. The Purchaser hereby declares himself informed that, in view of the nature of the Products, the purchased goods are unique pieces that cannot be replaced with identical ones. Therefore, if the Purchaser opts for the remedy of Product replacement, the Purchaser may only choose a Product other than the purchased Goods that is to the Purchaser's liking and has similar economic value to the one recognized as nonconforming by Cavalli e Nastri.
The Customer acknowledges that such Products are not yet available for shipment at the time of sending its Order Proposal. Products that can be pre-ordered by the Customer are clearly identified and signaled on the Website by the expressions "Pre-Order" or "Pre-Order Products," and Products that can be customized by Customers are clearly identified and signaled on the Website by the words "Customized Products."
3.13 The Customer acknowledges and agrees that if it pre-orders a Product and/or orders a Custom Product, the relevant price shown on the Website and displayed in the Shopping Cart section will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, as it is defined in clause 4.2 below, although the Pre-Order Product and Custom Product are not ready for shipment at that time.
The Pre-Order Product and the Customized Product will be delivered to the Customer by the estimated relevant date specified on the Product description page.
If the Order Proposal sent by the Customer also contains one or more Pre-Order Product(s) and/or Customized Product(s) in addition to the Products already available, the prices of all Products related to such Order Proposal will be charged to the Customer in advance, i.e. upon receipt of the Confirmation Email, even if the Pre-Order Product(s) and Customized Product(s) will be delivered by the latest relevant estimated delivery date as specified in the Product description pages.
3.14. All further details regarding payment, delivery and confirmation of Pre-Order Products and Customized Products are specified in the respective sections below.
3.15. Customer acknowledges and agrees that, except as expressly provided herein for Pre-Order Products and Custom Products, the other provisions of these Terms and Conditions of Sale shall also apply to Pre-Order Products and Custom Products.
4. Conclusion of the contract
4.1. Following the confirmation of the Order Proposal, the order is sent to Cavalli e Nastri for processing and cannot be further modified.
The Order Proposal issued by the Customer will only be taken over by Cavalli e Nastri if the entire purchase procedure has been completed smoothly, without any error highlighting by the Website. After placing the Order Proposal, the Customer will receive an email in which Cavalli e Nastri will acknowledge receipt of the Order Proposal. Such email shall not be construed as acceptance of the Order Proposal. The acceptance of the Order Proposal by Cavalli e Nastri and the conclusion of the contract will take place in accordance with Section 4.2 below.
4.2. The contract entered into between Cavalli and Nastri and the Customer shall be deemed concluded when the Customer receives one or more confirmation e-mails from Cavalli and Nastri (hereinafter referred to as "Confirmation Email").
The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and summary of the conditions of the purchase itself, such as: the description of the Product and its main features, the total price of the order, including any shipping costs, information on after-sales services, the existence of the right of withdrawal and how to exercise it.
4.3. Cavalli e Nastri reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
(a) unavailability of the Products included in the Order Proposal despite what is applicable to Pre-Ordered Products;
b) existence of a legal dispute between Cavalli e Nastri and the Customer relating to a previous order;
c) if the Customer on previous occasions has committed violations of the General Terms and Conditions of Sale or has not fulfilled its obligations;
d) if it has become apparent that the Customer purchases the Products for the purpose of reselling or disposing of them for commercial or professional purposes;
e) if the Customer has been involved in or is suspected of illegal or fraudulent activities.
In the aforementioned hypotheses, Cavalli e Nastri will notify the Customer by e-mail, within 30 (thirty) days from the date of actual receipt of the Order Proposal, of any cancellation of the orders received. In such case, no Order Proposal shall be deemed accepted by Cavalli e Nastri and no contract shall be deemed concluded between Cavalli e Nastri and the Customer.
4.4 In case of partial availability of the ordered Product, if the Customer has selected the option to receive the entire Order, the Customer will be asked whether he/she wishes to receive the available Products or to cancel the Order completely. If the cancellation is only partial, the Customer will be charged only the amount for the Products actually purchased.
Unless the Customer has selected on the Site the option to receive the entire Order in its entirety, the Customer agrees to receive only the available Products.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Web Site include VAT.
5.2. These prices will be indicated in Euro (EUR) for Products to be delivered in Italy, in possible other currencies for foreign countries.
5.3. The total amount of the price shown in the Shopping Cart includes any shipping costs, which will be shown separately.
In any case, Cavalli e Nastri will ask for Customer's express consent for any additional costs, if any.
5.4. The Customer will be charged the prices published on the Website and shown in the Shopping Cart at the time of confirmation of the Order Proposal by selection of the Purchase Button by the Customer, provided that there is availability at that time of the Products ordered, except for Order Proposals containing Pre-Order Products and/or Customized Products for which the relevant price will be charged in advance to the Customer as provided in clause 5.6 below, even if at that time such Products are not yet ready for shipment.
Cavalli e Nastri reserves the right to change the prices of the Products offered for sale on the Web Site at any time and without notice.
5.5. Cavalli e Nastri only accepts credit cards and other payment methods expressly stated on the Web Site.
5.6. For the purpose of payment by credit card, the Customer confirms and warrants that he/she is the owner of the credit card used for the purchase and the correctness of all data pertaining to it, entered during the purchase process, such as: the number, expiration date and, if necessary, the security code.
The transaction will be charged to the Customer only after:
(i) verification of the credit card information, (ii) receipt of the debit authorization from the company issuing the credit card used by the Customer and (iii) confirmation of the availability of the product by Cavalli e Nastri and in any event after the order is ready to be processed.
The entire transaction related to both orders containing only Pre-Order Products or Customized Products not yet ready for shipment at the time of the Confirmation Email and orders containing also Pre-Order Products and/or Customized Products will be charged for all Products, including those already available, upon receipt of the Confirmation Email.
No charge will, therefore, be made at the time the Order Proposal is sent.
5.7. For the purpose of payment through other payment service providers, Customer confirms and warrants that it is the account holder used for the purchase.
The transaction will be charged to the Customer only after the Customer has received the Confirmation Email from Cavalli e Nastri.
5.8. The shipment of the purchased Products will be made only after the payment of the amount due by the Customer has been successful.
In the event that, for any reason, the charging of the amounts due by the Customer proves impossible, the sale process will be automatically cancelled and the sale cancelled, as per the notice that will be sent to the Customer.
5.9. In the event that one or more Products are found to be unavailable and the Customer has decided not to cancel the order in its entirety, only the price and any shipping costs related only to the available Products will be charged.
6.1. Customers will receive the Products as soon as they are ready for shipment, all in one shipment. The Products will be shipped to the address indicated by the Customer in the Order Proposal. Customer's signature will be required upon delivery of the Products.
6.2. For security reasons, Cavalli e Nastri will not process any order addressed to a P.O. Box nor will it accept any order in which it is not possible to identify the natural person to whom the order is addressed and his/her address.
6.3. Products sold on the Website may only be delivered to the countries indicated above (Article 1.3). Therefore, any Order Proposals with shipments to be made outside these countries will be automatically rejected during the order processing procedure.
6.4. In cases where the Customer is charged shipping costs, these will be expressly indicated, separately from any other costs or expenses, at the conclusion of the procedure of filling out the Order Proposal and prior to the selection of the Purchase Button by the Customer.
6.5. In accordance with applicable regulations, the maximum term within which Cavalli e Nastri shall deliver the purchased Products is 30 (thirty) days from the date of conclusion of the contract and except for force majeure events.
In the event that the relevant Order relates to Pre-Order Products and/or Customized Products, the delivery date will be longer than 30 days and Cavalli e Nastri will deliver such Products on the estimated delivery date or during the estimated delivery period agreed with the Customer, as specifically indicated to the Customer on the Product description page.
6.6. In the event that Cavalli e Nastri fails to deliver the Products ordered within the time period set forth above, Customer shall request Cavalli e Nastri to make delivery within an additional time period appropriate to the circumstances, pursuant to applicable law.
This is without prejudice to the Customer's right to terminate the contract immediately if the Product ordered is not delivered within such additional time limit as may be specified.
6.7. Cavalli e Nastri shall have the right to split the Order into multiple shipments, based on the availability of the Products for delivery, and Customer will receive the Products separately based on their availability for shipment, unless Customer has selected on the Site the option to receive the entire Order in one shipment. Cavalli e Nastri may charge Customer separately for only the Products actually shipped or in a lump sum.
6.8. Upon shipment of the purchased Product, Customer will receive an e-mail to the address indicated in the Order Proposal. This e-mail will contain a shipment tracking code and a unique link (link) that will allow real-time tracking of the delivery.
Cavalli e Nastri Customer Service will provide assistance with any possible delivery-related issues. The Customer may contact Cavalli e Nastri Customer Service by e-mail at: firstname.lastname@example.org
6.9. As an alternative to courier delivery, the Customer may request to arrange to pick up the purchased Products directly from the store selectable on the Website during the purchase phase, provided that the relevant Order does not contain Pre-Order Products and/or Customized Products. If the Customer does not pick up the Products within the period of 15 (fifteen) days from the receipt of the e-mail informing that the Product is available for pickup, the sale may be cancelled by Cavalli e Nastri. In this case, the Customer will be notified by e-mail of the cancellation and will be reimbursed for 80% of the price paid.
6.10. The Customer shall assume the risk of loss or damage to the Products only at the time when the Customer, or a third party designated by the Customer and other than the carrier, takes physical possession of such Products.
In the event that, on the contrary, the loss or damage of the Product occurs before the material delivery to the Customer or to a third party designated by the Customer, Cavalli e Nastri will refund to the Customer the amounts already paid.
7. Conformity of Products
7.1. At the time of delivery, the Products shall be checked by the Customer in order to ascertain that they correspond to the items ordered and that they do not have manufacturing defects or conformity defects. The legal warranties provided for by current legislation are applicable to the sale of the Products, in addition to any additional conventional warranties provided to the Customer.
7.2. In the event of the existence of manufacturing defects or lack of conformity, the Customer shall have the right to restore, free of charge, the conformity of the Product by repair or replacement, unless the remedy requested is objectively impossible or excessively onerous compared to the other. If any of the cases provided by law, the Customer may request an appropriate reduction in price or termination of the contract and the consequent refund of the price paid. It is understood that the Customer forfeits this right if he does not report to Cavalli e Nastri the lack of conformity within the term of 2 (two) months from the date on which he discovered the defect. In any case, Cavalli e Nastri shall only be liable for conformity defects that become apparent within 2 (two) years from the delivery of the Product. An action seeking to enforce defects shall be barred within 26 (twenty-six) months from delivery of the Product.
7.3. In order to report the presence of flaws and defects in the Products and obtain one of the remedies listed above, the Customer may contact Cavalli e Nastri at the following email address: email@example.com.
8. Returns and Refunds - Withdrawal
8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery or collection of the Products, except in the case of Customized Products. In the case of split orders, this term shall run from the day of delivery or collection of the last Product.
8.2. In order to exercise the right of withdrawal, the Customer must send a refund request to firstname.lastname@example.org containing the order number and the items for which it is requesting a refund, as well as the reason for which the refund is requested. The request, once received will be submitted to the attention of Cavalli e Nastri which reserves the evaluation and acceptance of the same return request. Return shipping will be the responsibility of the purchaser. Refunds will be processed as soon as you complete the receipt, verification and acceptance of the returned item. Items must not have been worn, washed or altered or generally used. The 'Cavalli e Nastri label affixed to the lanyard items present on the items being returned must not be cut or broken or tampered with in any way. For orders paid for by credit card, the refunded amount will be available to customers in approximately 10 days, and will still be visible on the next card statement. The timeline may vary slightly depending on the banking circuit of the credit card used. For orders paid by Paypal or bank transfer, the amount will be returned to the original account. Refunds will be issued in the same currency as the original purchase. Any difference in amount due to exchange rate fluctuation cannot be refunded. Returns must be shipped within 7 days of receiving authorization from Cavalli e Nastri only and exclusively through the email address: email@example.com. Returns must be shipped inside the original box. In the event that the Customer receives defective merchandise, or that errors occur in shipments by Cavalli e Nastri , the Customer is required to follow the same instructions as above. Cavalli e Nastri reserves the right to request photographic evidence before authorizing returns for defective merchandise and bear the cost of shipping the merchandise back to its premises. Cavalli e Nastri reserves the right to refuse returns that are unauthorized or otherwise do not comply with all conditions set forth.
8.3. In the event that the Customer does not follow this procedure, Cavalli e Nastri reserves the right not to proceed with the refund and the cost of return and any liability for loss, theft, damage or delay in delivery shall remain the responsibility of the Customer.
8.4. Customer may also retrieve the address to which the Products should be returned by contacting Cavalli e Nastri at the following e-mail address: firstname.lastname@example.org
8.5. The Customer undertakes to return the Products for which he/she has exercised the right of withdrawal without undue delay and, in any event, within 14 (fourteen) days from the date on which he/she has notified Cavalli e Nastri of his/her decision to withdraw from the contract and if the return has been accepted.
8.6 The Products must be returned in the same state in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by all the labels with which they were received. Where a Product has a security label, the return of the Product will not be accepted if the original security label has been removed, broken or tampered with. The Customer also acknowledges that, for safety and sanitary reasons, perfumes cannot be returned if the sealing cellophane and the original packaging have been opened, damaged, altered or removed. Cavalli e Nastri will check the packaging and the condition of the individual Products returned, constituting the substantial integrity of the same an essential requirement for the exercise of the right of withdrawal.
Cavalli e Nastri reserves the right to refuse the return of those Products that are damaged, deteriorated, dirty or are in such a state as to suggest, unequivocally, that they have been used for purposes other than the Customer's verifications strictly necessary to ascertain the nature and characteristics of the Product purchased.
In case of refusal of the return, Cavalli e Nastri will send appropriate notice to the Customer and will not proceed to the re-credit of the price paid by the same, also reserving the right to claim compensation for any damage attributable to the conduct of the Customer.
8.7 The refund of the price of the returned Products shall be made by Cavalli e Nastri without undue delay and in any event within 14 (fourteen) days from the date on which Cavalli e Nastri became aware of the exercise of the right of withdrawal by the Customer.
Cavalli e Nastri reserves the right in all cases to withhold the refund until it has received and verified the Product. The aforementioned refund will be made by re-crediting the amount paid by the Customer to be made with the same method of payment used for the purchase, unless the Customer has expressly agreed otherwise and provided that the Customer does not incur any costs as a consequence of the refund.
Cavalli e Nastri will confirm to the Customer by e-mail that the price has been refunded.
8.8. The return of Products pursuant to this Article is permitted only in connection with purchases made on the Website.
8.9 In view of the fact that Personalized Products are products permanently modified and customized specifically for the Customer and that their original manufacture cannot in any way be restored, the right of withdrawal cannot be exercised by the Customer for Personalized Products. Accordingly, the provisions contained in this Article 8 shall not apply to Personalized Products, it being understood that the exclusion of Personalized Products from the right of withdrawal shall not affect the application of the statutory warranties, provided in Article 7 above, to such products as well.
8.10. In the event of delivery to countries where customs duties are applied, the Customer shall bear the full cost thereof even when not foreseeable.
8.11. Cavalli e Nastri offers a flexible return policy to make your online shopping experience even easier. However, customers who return items repeatedly may be refused at our discretion.
9. Limitation of Liability.
9.1. Except in cases of willful misconduct or gross negligence, Cavalli e Nastri shall in no way be liable to the Customer for indirect or consequential damages that may result to the Customer from the purchase of Products offered for sale on the Website.
10. Authenticity of Products and Intellectual Property Rights.
10.1. Cavalli e Nastri guarantees the authenticity of all Products offered for sale on the Web Site.
10.2. The "Cavalli e Nastri" trademark, as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos present on the "Cavalli e Nastri" products, their accessories and/or packaging, whether registered or not, are and remain the exclusive property of the Cavalli e Nastri Group. The total or partial reproduction, modification, tampering or use of said trademarks, illustrations, images and logos, for whatever reason and in whatever medium, are absolutely prohibited.
11.1. These General Terms and Conditions of Sale are governed by Italian law and shall be interpreted in accordance with it, without prejudice to any different mandatory rule, more favorable to the Customer, applicable in the Customer's country of habitual residence.
11.2. In the event of any dispute arising out of the interpretation and/or application of these General Terms and Conditions of Sale, the Court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, shall have exclusive and mandatory jurisdiction. If the domicile or residence of the Customer is located in a territory other than the territory of the Italian State, the Customer may refer, at its choice, to the Court of its place of residence or domicile or to the Court of Milan where Cavalli e Nastri has its registered office.
Alternatively, in accordance with Article 14 of EU Regulation 524/2013/EU, the Customer may promote one of the out-of-court dispute settlement procedures provided for by the applicable legislation. For this purpose, the Customer may use the online platform made available by the European Commission, which can be accessed through the website http://ec.europa.eu/odr.
12.1. For any complaint, further information or assistance relating to the Website or the purchase procedure and, in any case, for any request for information and/or clarification regarding the provisions of these General Conditions of Sale, Customers may send an 'e-mail to the following address: email@example.com.
N.B. This text is a translation of the original Italian language version.
Any disputes or requests should be referred to the Italian version only.