TERMS AND CONDITIONS
GENERAL CONDITIONS FOR PURCHASES FROM CASTOR
1. INTRODUCTION. This document (together with the documents mentioned herein) contains the conditions governing the use of this website and the purchase of the items contained therein (hereinafter the "Conditions"). The Customer is required to read these Conditions, the Cookies Policy and the Personal Data Protection Policy carefully before using this website. By using this website or placing an order through this website, you signify your acceptance of these Conditions and Data Protection Policies, so if you do not agree with all of these Conditions and Data Protection Policies, please do not use this website.
2. INFORMATION ABOUT THE SUPPLIER. The sale of the products through this site is managed by CASTOR S.r.l., with registered office in Castellucchio (MN), Via 8 Marzo No.11, Tax and Vat Code 02002070205, Business Reg. No. MN215557, share capital of 119,000.00 euros fully paid in, telephone number 0376 437221, e-mail address email@example.com.
3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE. The information or personal data provided by the user will be processed in accordance with the provisions found in the Personal Data Processing Information. By using the website, you authorize us to process such information and personal data and declare that all information and/or personal data provided to us is accurate and truthful.
4. USE OF OUR WEBSITE. By using this website and/or placing orders through it, the customer agrees to: (a) use the website only to perform lawful consultations or orders; (b) not place false or fraudulent orders. In the case of (b) the Supplier is authorized to cancel such orders and to inform the competent authorities; (c) provide your e-mail address, postal address and/or other contact details truthfully and accurately. The Customer consents to the use of such information by the Supplier. If the Customer does not provide all the necessary information, CASTOR does not guarantee that it will act on the order. By placing an order through this website, the Customer guarantees to be of age (from 18 years old and up) and to have the legal right to enter into binding contracts.
5. SERVICE AVAILABILITY. The items offered through this website are available exclusively for delivery on the Italian territory. The relative products can be delivered exclusively on the Italian territory at the address of residence/domicile indicated by the Customer.
6. MODES OF FINALIZING THE CONTRACT. The information contained in these Terms and Conditions and the details contained in this website do not constitute an offer to the public, but merely an invitation to make a contractual proposal. There will be no contract between the Customer and the Supplier until the Customer's order has been explicitly accepted by the Supplier. If the Customer's offer is not accepted and a debit has already been made to the account, the full amount will be returned to the Customer. In order to place an order, it is necessary to follow the online purchase procedure and authorize the payment. Subsequently, the Customer will receive a confirmation e-mail with the subject of the communication being the receipt of the order (the "Order Confirmation"). It is understood that this will not imply the acceptance of the order by the Supplier, since the order constitutes only an offer that the Customer makes to the Supplier for the purchase of one or more products. All orders are subject to the unchallengeable approval of the Supplier; the Customer will be informed of the total and/or partial acceptance of the order by the Supplier by the sending of an e-mail confirming that the order is being shipped (the "Shipment Confirmation"). The details of the order will be summarized in the Shipment Confirmation. The contract for the purchase of a product between the Supplier and the Customer (the "Contract") is concluded only when the Shipment Confirmation is sent. Only the products indicated in the Shipment Confirmation will be subject to the Contract. The Supplier is not obliged to supply the Customer with any other product.
7. PRODUCT AVAILABILITY. All product orders are subject to product availability.
8. REFUSAL OF ORDER PROCESSING. The Supplier reserves the right to remove any product from this website at any time and/or to delete or modify any material or content on this website. The Supplier disclaims any responsibility towards Customers or third parties for the removal of any product from this website, the deletion or modification of any material or content of the website, or for not processing the order after the Order Confirmation has been sent.
9. DELIVERY. Without prejudice to the provisions of articles 7 and 8 above and unless extraordinary circumstances should occur, the Supplier undertakes to do everything in its power to send the order of the product(s) indicated in the relative Shipment Confirmation within the date indicated in said Shipment Confirmation, or, if no delivery date is specified, within the estimated term at the time of selecting the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation. If for any reason the Supplier is not able to comply with the delivery terms, the Customer will receive a specific informational notice by which they will be given the right to continue with the purchase by setting a new delivery date, or to permanently cancel the order, with the consequent refund of the entire amount paid. The Supplier specifies that no home deliveries are made on Saturdays and Sundays. For the purposes of these Conditions, the "delivery" will be understood as having taken place, i.e. the order will be considered "delivered", through the acquisition, by the Customer or a third party indicated by the Customer, of the material availability of, or, in any event, control over the products, which will be proved by signing the order receipt at the agreed shipping address.
10. TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS. The risks related to the products will be transferred to the Customer from the moment of their delivery.
11. PRICE AND PAYMENT. 11.1 PRICE. The price of the products is that which is indicated at various times on the website, unless there is a manifest error. The Supplier warns that, despite its continuous efforts, errors may occur. Should errors be found in the indication of the prices of the products ordered by the Customer, the Supplier will inform the Customer as soon as possible, giving them the right to continue with the order or cancel it permanently. Should the Supplier fail to inform the Customer in a timely manner, the order will be cancelled and the Customer will be refunded the full amount paid. The Supplier is not obliged to supply the Customer with the product(s) at the lower price erroneously indicated (even if the Shipment Confirmation has already been sent to the Customer) if the error in the price was obvious and unequivocal, and therefore if it was possible for the Customer to reasonably identify it as incorrect. The prices of the website are inclusive of VAT, but exclude shipping costs, which must be added to the total amount to be paid. Prices may change at any time; however (except in the cases previously discussed), possible changes will not concern orders for which we have already sent an Order Confirmation. 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 your order and making the payment. To this end, the Customer must follow the purchase instructions, entering or verifying the required information at each step of the purchase process, requesting the issue of an invoice if desired. The Customer may change the details of their order at any time during the purchase process, before payment.
11.2 PAYMENT. The Customer can make the payment through PayPal, also with Visa, Mastercard, American Express credit cards but always through PayPal. Once the order from the Customer is received, the Supplier will make a pre-authorization on their credit card to ensure that they have sufficient funds to complete the transaction. The charge to the Customer's card will be made when their order leaves the Supplier's warehouse.
12. VAT (VALUE ADDED TAX). In accordance with current legislation, any purchase made through the website will be subject to Value Added Tax (VAT).
13 RETURNS/EXCHANGES POLICY. 13.1 Right of withdrawal. The Customer, if acting as a consumer, has the right to withdraw from the Contract within a period of 14 days without giving any reason. The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which the Customer 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 via one order and delivered separately, ends after 14 days from the day on which the Customer 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, the Customer must inform the Supplier, by sending an e-mail to firstname.lastname@example.org, of their decision to withdraw from the Contract by means of an explicit declaration. In order to respect the withdrawal period, it is sufficient that the Customer should send the communication regarding the exercise of the right of withdrawal before the expiry of the withdrawal period. 13.2 Effects of withdrawal. If the Customer withdraws from the Contract, they will be refunded all payments they have made to the Supplier, including delivery costs. These refunds will be made using the same means of payment used by the Customer for the initial transaction. Without prejudice to the foregoing, the refund may be suspended until receipt of the goods or until the Customer proves that the goods have been returned, whichever is earlier. The Customer shall return the goods without undue delay and, in any case, within 14 days from the day on which they have notified the Supplier of their withdrawal from the Contract. The deadline is only met if the Customer sends the goods back before the expiry of the 14-day period. The direct costs of returning the goods will be borne by the Supplier. The Customer is responsible for any decrease in value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods. The right of withdrawal from the Contract will be applied exclusively to those products returned in the same conditions in which they were received by the Customer. In case of a return, the Customer is responsible for the content of the returned package. The Supplier will not proceed to any refund if: i) the package received contains an incorrect and/or different item from the product that is the object of the order or which is to be returned, ii) the product has been used beyond simple opening and ii) the products are not in the same conditions in which they were delivered, or if they have been damaged. The customer is therefore required to exercise care during the return operations and to take care of the products as long as they are in their availability and possession. The products must be returned in their original package and wrapping. Under the case referred to in the previous letter i), that is, in case of error in the contents of the package returned by the Customer, the Supplier is authorized to charge the Customer for the transport cost to return the package that has been received in error.
13.3 Return of defective products. In the event that the Customer believes that at the time of delivery the product does not comply with the provisions of the Contract, they must immediately contact the Supplier by sending an e-mail to email@example.com . The Supplier will inform the Customer of the procedure to follow. The Supplier, after the return of the product, will proceed to examine it carefully and only afterwards will communicate by e-mail to the Customer, within a reasonable time, if it will proceed to refund or replace the product (according to each particular case). The refund and/or replacement of the item will be made as soon as possible and, in any case, within 20 days from the date of sending of the respective e-mail from the Supplier in which it will be confirmed to the Customer that the refund or replacement of the unsuitable item will be performed. The amount paid for products that are returned due to damage or defect, if such truly exists, will be refunded in full, including delivery costs incurred for sending the item and for its return. The refund will be made through the payment method used to make the purchase. All rights recognized by current legislation remain unaffected.
14.LIABILITY AND DISCLAIMER OF LIABILITY Except as otherwise provided in these Conditions, the Supplier's liability with respect to products purchased on this website shall be limited solely to the purchase price of the product in question. Notwithstanding the foregoing, the Supplier's liability shall not be excluded or limited in the following cases: a) Cases of fraud or fraudulent activity; or b) Any circumstances in which it would be illegal or unlawful for the Supplier to exclude, limit or attempt to limit or exclude its liability. Without prejudice to the foregoing paragraph and to the extent permitted by applicable law, and unless otherwise provided in these Conditions, the Supplier accepts no liability for indirect damages, such as: i. loss of profit; ii. loss of business; iii. loss of earnings or loss of contracts; iv. loss of anticipated savings; v. loss of data; and vi. loss of office administration time. Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, the Supplier does not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise. All product descriptions, information and materials appearing on the website are provided "as is" and without any express or implied warranties, except as required by law. In this sense, if the Customer acts as a consumer or user, the Supplier undertakes to deliver products in conformity with the Contract, remaining responsible for any lack of conformity existing at the time of delivery. It is understood that the products are in conformity with the Contract if (i) they comply with the description provided and in case they possess the qualities presented on this website, (ii) they are suitable for the use for which the products are normally intended, (iii) they show qualities and characteristics that are normal in products of the same type and that can reasonably be expected. To the extent required by law, the Supplier excludes all warranties, except those that cannot be legitimately excluded with respect to consumers and users. The products sold through this site, especially those made by hand, have the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or color variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials should be expected and appreciated. These provisions do not in any way limit the rights granted to consumers by current legislation or the right to terminate the Contract.
15. INTELLECTUAL PROPERTY. The Customer acknowledges and agrees that all copyrights, trademarks and any intellectual property rights in the materials or content presented as part of the website are owned by the Supplier and those who have licensed them to us for use. The Customer may use such material only in the manner for which they are expressly authorized by the Supplier or those who have licensed it for use.
16. LINKS ON THE WEBSITE. Where this site contains links to other pages or materials of third parties, such links will be provided for information purposes only, without control by the Supplier over the content or materials contained on such pages or sites. Therefore, the Supplier shall not be liable for any damage or loss resulting from their use.
17. WRITTEN COMMUNICATIONS. Applicable law provides that some of the information or communications provided for in this Contract shall be in writing. By using this website, the Customer agrees that most of the communications exchanged with the Supplier are in electronic format. For contractual purposes, the Customer consents to this electronic means of communication by acknowledging that all contracts, notices, information and other communications to be provided by the Supplier electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit the rights granted by applicable law. 2
18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS. This Contract is binding for both the Supplier and the Customer. It is prohibited to transfer or assign the Contract in any way, or any of the rights or obligations arising from it, without the Supplier's prior written consent. The Supplier is entitled to transfer, assign, sub-contract or dispose freely of the Contract in any way and at any time, or any right or obligation arising from it.
19. FORCE MAJEURE. The Supplier is in no way responsible for failures or delays in the performance of any of the obligations under the Contract caused by events that are beyond our reasonable control ("Force Majeure Events"). A Force Majeure Event means any act, event, failure to act, omission or incident beyond our reasonable control, including but not limited to the following: 1. Strikes, lockouts or other labor disturbances. 2. Unrest, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war. 3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters. 4. Inability to use railways, shipping, air, motor transport or other means of public or private transport. 5. Inability to use public or private telecommunications networks. 6. Acts, decrees, laws, regulations or restrictions of any government. 7. Any strike, disaster or incident concerning maritime, postal or other relevant means of transport. It is understood that the performance of the obligations under the Contract shall be suspended for the duration of the Force Majeure Events. The Supplier shall be granted an extension for the performance of the Contract equal to the duration of such a period. It is understood that, even during Force Majeure Events, the Supplier shall endeavor to find a solution through which it can fulfil its contractual obligations.
20. PARTIAL NULLITY. Should any article of the General Conditions, or part of it, or any of the provisions of the Contract be deemed invalid, illegal or unenforceable by the competent authority, such article, clause or provision shall be considered as not included, while the other articles, clauses and provisions shall remain valid to the maximum extent permitted by law.
21. INTEGRITY OF THE CONTRACT. These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between the Customer and the Supplier regarding the subject matter of the Contract and replace any previous agreement, understanding or pledge between them, whether oral or written.
22. RIGHT TO MODIFY THE PRESENT CONDITIONS. The Supplier reserves the right to revise and modify these Conditions at any time. The Customer shall be subject to the General Terms and Conditions in force at the time of the order, unless a change to the General Terms and Conditions or Data Protection Policy is required by law or at the request of a governmental authority.
23. 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 dispute arising out of or relating to the use of the website or to such contracts, the Court of the place of residence or domicile of the consumer shall have jurisdiction. If the Customer enters into the Contract as a consumer, this clause does not affect the rights that the law recognizes to them as a consumer in any way.