Terms and Conditions
GENERAL CONDITIONS
(pursuant to Chapter I, Title 3, Part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions
These general conditions of sale (hereinafter, “General Conditions”) have as their object the regulation of the purchase of products and services, carried out remotely and made available, via the Internet, from the site www.casagin.com (hereinafter, the “Site”) in compliance with the Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code”).
The seller of the products and owner of the Site is: Civico9 srls with registered office in via Matteotti 2/a, 35020 Sant'Angelo di Piove di Sacco, Padova. CF/PI and registration in the Companies Register of Padua n. 05059094283, REA PD - 439810 – Email address: info@casagin.com (hereinafter “Company”).
When you access the Site to make purchases, you are required, before sending the order, to carefully read these General Conditions that have been made available to you on the Site and that you can consult at any time also through the link contained in the confirmation email of each order to allow you to reproduce and store them. Please note that any purchase on the Site presupposes automatic acceptance of all the General Conditions.
These General Conditions may be subject to changes and updates. In the event of changes to the General Conditions, the General Conditions published on the Site at the time of sending your order will apply.
In this regard, we invite you to read these General Conditions very carefully before making any purchase and to print them or keep them in the manner you prefer.
In the event that you decide to make purchases on the Site by requesting the issuance of an invoice and/or in any case you are not a “consumer or user” as defined by art. 3, paragraph 1, letter a), of the Consumer Code, the withdrawal provisions set forth in art. 7 and 8 of these General Conditions will not apply, nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.
Contracts concluded with the Company through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and ordering Products
The characteristics and price of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown on the page relating to each Product.
To purchase the Products, you will have to fill out and send the order form in electronic format, following the instructions on the Site. You will have to add the Product to the "Cart" and, after having read the General Conditions and the Privacy Policy and confirmed their acceptance, you will have to enter the shipping and any billing data, select the desired payment method and confirm the order.
By sending the order from the Site, which has the value of a contractual proposal, you acknowledge and declare that you have read all the information provided to you during the purchase procedure and that you fully accept these General Conditions and the payment conditions transcribed herein.
The sales contract stipulated between you and the Company must be considered concluded with the acceptance of the order by the latter. This acceptance will be communicated to you via an order confirmation email containing a reference to these General Conditions, the order number, shipping and billing information, the list of Products ordered with their essential characteristics and the total price, including any delivery costs. You are required to check the confirmation email and if you find any errors in the order, you will have 24 hours from receipt of this email to contact the Company's Customer Service at the email address info@casagin.com. After this period, the order will be processed for shipping and changes will no longer be accepted, without prejudice to your rights under Article 7 below.
The Company reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect. In this case, the Company will inform you of any impossibility to accept orders received within 48 hours starting from the working day following the day on which you sent the order and will refund any sums you may have already paid for the supply.
3. Product Information
The information and characteristics relating to the Products are available on the Site.
Each Product is guaranteed against any manufacturing defects.
The visual representation of the Products on the Site normally corresponds to the photographic image accompanying the descriptive sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale; therefore, small differences may arise between the graphic/photographic representation of the Product and the actual Product. The photographs of the Product presented on the Site do not therefore constitute a contractual element as they merely represent the Product sold.
4. Prices and shipping
The prices of the Products include VAT applicable by law. All prices are expressed in Euro.
Shipping is free in Italy for orders over €90 or via Standard Courier at a rate of €5 within 3-5 working days or via Express Courier at a rate of €10 within 1-2 working days.
Shipping is free in Europe for orders over €115 or via Standard Courier at a rate of €12 within 5 working days or via Express Courier at a rate of €15 within 1-3 working days.
Shipping is free to non-EU countries and the rest of the world for orders over €180 or via Standard Courier at a rate of €35.
The prices of the Products published on the Site may vary; the Company reserves the right to make changes without prior notice.
The price shown on the Site at the time the order is sent applies to the Products, without any consideration of previous offers or any subsequent price changes.
In the event that a price has been published incorrectly by mistake, the Company reserves the right not to confirm the order received, renouncing the sale.
If the Products ordered are to be delivered outside the European Community, you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional customs clearance costs will be at your expense. The Company does not have control over these costs and cannot predict their amount, as customs policies vary from country to country; we therefore invite you to contact your local customs office for further information. We also suggest that you keep in mind that when you place orders on the site, you are considered the importer and are therefore required to comply with all the legislation and regulations of the country in which you will receive the Products; you must also be aware that cross-border deliveries are subject to opening and inspection of the Products by customs authorities.
5. Payment methods and invoicing
5.1 Payment Methods
You can pay the price of the Products and the related delivery costs using Stripe, PayPal, credit card and bank transfer.
PayPal
Once the order is confirmed, you will be redirected to the PayPal site where you can make the payment with your account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
Bank transfer
By paying by bank transfer, the Products will be shipped after verifying the credit to the Company's current account.
The reason for the bank transfer must contain the following information: the name and surname of the person placing the order and the order number.
In the current state of the banking system, the transferred amount is credited to the beneficiary's current account no earlier than 3/5 working days from the date of the transfer.
If the company does not receive payment within 5 working days of placing the order, the order will be cancelled.
5.2 Order invoicing
The Company will issue, if requested, the purchase invoice for the Products.
You can request an invoice by writing an email to customerservice@casagin.it , indicating the order number and entering your billing information including your tax code and/or VAT number.
You are responsible for correctly entering your billing information and are expressly informed that if you do not request an invoice during the order process, it will not be possible to request one later.
The information you provide will be used to issue the invoice and no changes to the data will be possible after the invoice has been issued.
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated during the purchase procedure in the order form.
The Products will be shipped only after the Company has received the entire order amount (including the price of the Products purchased, VAT and any other taxes and duties and shipping costs, if applicable).
All purchases will be delivered to you by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national holidays. The Company is not responsible for unforeseeable delays or delays not attributable to it caused in deliveries by the Courier.
Products shipped to Italy are delivered approximately within 2-5 working days from shipment and those shipped within the European Union within 6-7 working days from shipment. In any case, the delivery terms indicated above are purely indicative and not essential. Any variation to the above will be communicated to you promptly by e-mail. The Company assumes no responsibility for any delays in deliveries caused by the Courier.
At the time of delivery, your presence or that of a person you represent or trust is required to verify that: – the packaging is intact, not damaged or wet or in any case compliant with the standard characteristics of the same; – that the number of packages received corresponds to that reported on the order confirmation. Any complaints regarding the non-integrity of the packages and their number must be immediately raised with the carrier; in the absence of these, the products are considered to have been delivered correctly.
If upon delivery of the Products there is evident damage to the packaging, you will still be required to accept the goods and if, beyond the external packaging, you actually find damage to the goods, within 14 working days, contact the carrier's call center reporting the damage and keeping the original packaging (it is important to keep the original packaging otherwise the courier's guarantee will be void). Once the damage claim has been opened, a representative of the carrier will contact you to inspect and verify everything.
In any case, the guarantees provided for by Directive 1999/44/EC and subsequent amendments and additions remain intact.
If no one is present at the time of delivery, the Courier will deliver the package to the nearest collection point and/or attempt a new delivery the following day.
The courier will leave a notice of attempted delivery in the post box, or in the email box entered by the customer at the time of purchase. If the customer enters the telephone number at the time of ordering, the courier can use it to reschedule deliveries or provide all the necessary information and directions on the collection point.
To collect your order at the collection point, you will need to present a valid identity document. If you are unable to collect the package in person, you can delegate another person to collect it, who must have with them: a letter of delegation; their valid identity document; a copy of your valid identity document.
If the package is not collected from the courier's collection point within 10 days, it will be returned to the Company's warehouse, which will refund the customer, deducting the shipping costs necessary for the return and storage costs of €1.00 per day.
If the package is not delivered due to the incorrect address entered at the time of purchase by the customer, it will be sent back to the Company's warehouse, which will refund the customer, deducting the shipping costs necessary for the return and storage costs of €1.00 per day.
If the customer wishes to request a further shipment, he will be charged the return costs of the previous shipment and redelivery.
The storage times at the collection points may vary according to the terms and conditions of use of the shipping companies' service and can be consulted on the respective websites:
www.logistics.dhl
www.ups.com
www.tnt.it
www.fedex.com
Nothing will be owed by the company Civico 9 srls if the package is correctly delivered to the recipient with the recipient's signature attached.
In the event that the product is delivered but not received, an investigation will be opened by the company Civico 9 srls to verify what happened, all the data will be provided to the applicant, the term of an investigation varies from a minimum of 7 days to a maximum of 28 days, if after this time no anomalies are found on the part of the shipping courier, the practice will be archived.
The deadline to request an investigation on a product that has been delivered but not received is 21 days from the date of shipment, after which time no action will be due by the company Civico 9 srls.
7. Right of withdrawal
7.1 Right of withdrawal
You have the right to withdraw from the contract, without giving any reason, within 14 days. The withdrawal period expires after 14 days from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the goods .
To exercise the right of withdrawal, you must inform us at the following email address customerservice@casagin.it or at the following address: CASAGiN, Via Umberto I° n. 134/6, 35020 Casalserugo (PD), of your decision to withdraw from this contract by means of an explicit declaration (for example, a letter sent by post, fax or email). To comply with the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the withdrawal period has expired. You can download this form , fill it in and send it to us according to the options above.
7.2 Effects of withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold reimbursement beyond 14 days only until you have supplied evidence of having sent back the goods or until we have received them, whichever is the earliest.
Such refunds will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such refund. We may withhold the refund until we have received the goods back or until you have demonstrated that you have sent back the goods, whichever is the earliest. You are requested to send back the goods or deliver them to us at the following address (CASAGiN, Via Umberto I° n. 134/6, 35020 Casalserugo (PD)) without undue delay and in any case within 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will be responsible for the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7.3 Withdrawal times
Pursuant to art. 52 of the Consumer Code, the Consumer may withdraw from the contract within 14 days from receipt of the goods or, in the case of delivery of goods consisting of multiple lots or pieces, from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the last lot or pieces.
7.4 Methods for exercising the right of withdrawal
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an explicit declaration (for example, a letter sent by post, fax or email). You can use the following form at your disposal and contact us at the following email addresses: customerservice@casagin.it.
7.5 Exclusions to withdrawal
The right of withdrawal is excluded in the following cases provided for by art. 59 of the Consumer Code:
e) the supply of sealed goods which are not suitable to be returned for hygiene or health protection reasons and have been opened after delivery;
7.6 Return times
You are requested to send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
7.7 Refund
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We may withhold reimbursement beyond 14 days only until you have supplied evidence of having sent back the goods or until we have received them, whichever is the earliest.
The right of withdrawal ceases in the event that the Company should ascertain, once it has received the Product to be returned, that it has been damaged and/or that it is not intact. In this case, the Company will promptly notify you and return the Product to you, charging you the shipping costs and the related cost.
All returned products will be checked by the Company within 48 hours of receiving the package. The customer will be sent an email confirming acceptance of the returned products and the refund due. In the event of a return being rejected, our customer service will explain the reason for the rejection and the package will be returned to the customer charging you the shipping costs and the related cost.
7.8 Withdrawal
You will be responsible for the direct cost of returning the goods.
7.9 Decrease in value
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
8. Warranty
All products are subject to the legal guarantee of conformity provided by the Consumer Code in articles 128 et seq. The guarantee has a total duration of two years, starting from the moment of delivery of the goods. The consumer is obliged to communicate the defect within two months of discovery.
9. Errors and limitations of liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the absence of errors for which the Company cannot therefore be held responsible, except in the case of fraud or gross negligence.
The Company reserves the right to correct errors, inaccuracies and/or omissions even after an order has been sent, or to modify and/or update information at any time without prior notice, without prejudice to your rights under these General Conditions and the Consumer Code. Except in the case of fraud or gross negligence, any right to compensation for damages or recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the failure to accept or process, even partially, an order.
10. Complaints
Any complaints must be forwarded to the Company by registered mail with return receipt to the following address:
CASAGiN
Via Umberto I° n. 134/6
35020 Casalserugo (PD)
civico9@pec.it
The Company undertakes to respond to all requests received within a maximum of 10 working days.
11. Online dispute resolution for consumers (ODR)
If you are a European consumer, you should be aware that the European Commission has made available to all residents in Europe a tool dedicated to alternative dispute resolution. To access the platform go to the following link:
https://ec.europa.eu/consumers/odr/main/?event=main.home.show
12. Applicable law and competent court
The sales contract between the Customer and the Company is governed by Italian law.
All disputes relating and/or connected to this sales contract will be under the exclusive jurisdiction of the Court of Padua.
Disputes with consumer Customers are devolved to the jurisdiction of the Judicial Authority of the place of residence or domicile of the consumer Customer.
Disputes with consumer Customers residing outside of Italy are devolved to the jurisdiction of the Court of Padua, as the judge of the place where the Contract is executed.
13. Approval of the clauses
The Customer declares to have read the exact content of all the clauses of the contract, to have freely, fully and specifically approved them individually and as a whole.