The following general terms and conditions (hereinafter referred to as “T&C”) are applied to the sale and purchase agreement (hereinafter referred to as “agreement”) of the products distributed by Breedge di Patrick Abbattista, Via Aurelio Saffi 29, 20123 Milano, Italy – VAT no. IT09920910966. (hereinafter referred to as “Breedge”), through its website www.caracolshop.com (hereinafter referred to as the “website”) to its users (or clients).
These T&C define the conditions under which any user (or client) may use the services or buy the products provided by Caracolshop.com.
The following T&C apply exclusively to the users (or clients) defined accordingly to the art. 3, co. 1, lett. a) of the Italian Lgs. D. 6/09/2005, n. 206, as “any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities”.
All the information listed in the website are in English. By accepting this agreement the user (or client) declares his acceptance of the T&C before placing any order. The user (or client) also declares that any order carried out will not have a business / professional / trade scope.
The user (or client) hereby guarantees that the personal data provided during the registration procedure for the Site are complete and truthful and undertakes to indemnify and hold harmless Caracolshop.com from and against any losses, damages and/or liabilities deriving from and/or connected to the violation of the regulations concerning the registration on the website or the conservation of the related credentials.
All the orders placed through the website www.caracolshop.com are intended for use in the country they were ordered from. The user (or client) declares his legal capacity to act according to the T&C set in this page.
VALIDITY OF THE T&C
These T&C are intended to be applied to any user (or client) having a delivery address in any country in which Caracolshop.com operates.
The agreement includes the following documents:
- The T&C reported in this page;
- The order confirmation received via e-mail.
The order confirmation will be sent by Caracolshop.com once the user (or client) has completed the following steps in the website:
- selected the product (or products)
- added those product (or products) to cart
- (iii) logged in or registered on the Caracolshop.com website and accepted the T&C
- proceeded to checkout entering all the required information functional to delivery and billing purposes
- placed the order and confirmed the payment method and completed the payment process.
By clicking on the “Place Order” button, the user (or client) is placing a binding order for the products shown in its basket, confirming the authorization to place such an order.
The description and photographs of products on www.caracolshop.com have illustrative purposes and do not constitute a legally binding offer (the colors in particular may not exactly correspond to the real ones due to the internet browser or monitor characteristics). There is no legal claim to the availability and deliverability of the products shown in the website.
Whether, before the delivery of the order, the product (or products) will not be available anymore due to occurred damages or supply stock outs (of which Caracolshop.com is not responsible), Caracolshop.com will promptly inform the user (or client) about the inconvenience and refund the equivalent amount of any payment received.
Caracolshop.com is entitled to reject any order made by the user (or client) and withdraw from the agreement without citing reasons. In particular, Caracolshop.com reserves the right to reject an offer if:
- the delivery address is outside the countries currently served by its transportation providers
- the delivery address indicated by the user (or client) will result incorrect or incomplete
- there is the suspect that the person placing the orders is not a consumer as defined by the definition mentioned above
- an order is not confirmed through random telephonic controls
- the payment is not received within 48 hours from the order confirmation or within 24 hours from the email reminder
The order will be processed by Caracolshop.com according to the procedure reported above and to the specific timing reported in each product page of the website. Caracolshop.com will not be responsible for any damages occurred to the products for their usage after the delivery from the transportation carriers and for delays in delivery due to the latter.
No other general or particular conditions can replace or substitute the T&C set in this page. Should one or more provisions of these T&C be defined invalid under any law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will hold their value.
The prices shown on www.caracolshop.com are in Euro and including VAT according to the applicable Law.
Transportation costs will be shown separately in the order checkout page.
The user (or client) who wishes to conclude the agreement and purchase the product (or products) must express this willingness through a website request clicking the place order button in the checkout page, where, following the procedures described above, it will send the purchase order confirmation and proceed to the payment. The payment is due from the time of order. The user (or client) undertakes to pay the agreed price for the product ordered on the website (product price and shipping) by using the payment methods made available.
In the case of credit card payment, Caracolshop.com has the rights to request the copy of an identity document confirming the ownership of the credit card. The payment method data will be processed through a server-to-server secure connection that utilize the SSL Protocol (Secure Sockets Layer). Caracolshop.com is not responsible of any payment gateways pages that are not directly managed by Caracolshop.com itself.
Caracolshop.com uses PayPal, Stripe and other forms of payments (e.g. cryptocurrency) for Payments Transactions.
TRANSPORTATION RISK TRANSFER
The transfer of the transportation risks from Caracolshop.com to the client applies with the delivery of the product (or products) operated by the carrier to the address indicated by the client.
During the possible withdrawal period referred below, the client is responsible for the product (or products) as guardian. In case of damage or destruction of the product (or products) during the custody of the client, the client will be considered responsible.
Orders will be delivered from the transportation carrier appointed by Caracolshop.com from Monday to Friday. The user (or client) is responsible for the delivery address indicated in the checkout page. Delivery is to the ground floor front door of the building and does not include any assembly or unpacking services. Floor delivery has to be requested before placing the order and implies extra-costs, if available. Mail boxes will not be considered eligible for delivery for certain products. The delivery note issued by the transportation carrier will constitute a proof of transport and risks transfer.
Caracolshop.com recommends the client to carry out a check of the delivered product (or products) packaging before signing the delivery note. Whether some anomalies might be noted the customer must refuse the delivery of the product (or products) or write down any reserve, detailed and dated, in the delivery note receipt. These notes must be confirmed to Caracolshop.com by writing to email@example.com within three (3) business days from the delivery.
RIGHT OF WITHDRAWAL
The client may withdraw from the agreement within a period of 14 days, without citing any reasons, by writing to firstname.lastname@example.org or to Breedge di Patrick Abbattista, Via Aurelio Saffi 29, 20123 Milano, Italy – VAT no. IT09920910966.
Whether the product (or products) have already been delivered, this period starts with the delivery itself of the product (or products). In that case the client will be responsible to return the product (or products) to Breedge di Patrick Abbattista, Via Aurelio Saffi 29, 20123 Milano, Italy – VAT no. IT09920910966.
As stated by the Italian Law, the return of any damaged or incorrect product will be free of charge (the equivalent cost – if not exceeding 10€ – will be charged back to the client), while if the return applies to products that were corresponding to the order and have been delivered intact you will be charged the return shipping cost. That cost may vary depending upon the size and volume of the product (or products).
Products damaged by detergents / additives, or products damaged by the client for malpractice will not be replaced or refunded by Caracolshop.com. A copy of the delivery note will need to be placed inside the return packing box. The risks of transport for the return of the product (or products) is on the client.
Refunds will be done within a period of thirty (30) days from the date on which the client advised Caracolshop.com of the right of withdrawal exercise.
Exceptions to the right of withdrawal
The right of withdrawal does not apply on those products that are customized and/or manufactured on a single order basis (Lgs. D. 6/9/2005 n. 206). This production characteristic is reported in description provided in each product page.
WARRANTY AND LIABILITY
Caracolshop.com offers for sale top-quality design products. These products are distributed by the website through direct agreements with furniture companies, manufacturers and dealers, carefully selected based on their production and style criteria.
The Caracolshop.com team checks, on a random base, the product (or products) before its shipment. However, the client always benefits from the product legal warranty given by each producer. Caracolshop.com doubles this legal warranty with a special additional warranty policy (“Satisfied or Reimbursed”) that is valid for the thirty (30) days after the delivery (this warranty does not apply on those products that are customized and/or manufactured on a single order basis).
The legal warranty policies are governed by the Italian Law. The legal warranty is reserved to consumers: it therefore applies solely to any natural person concluding a legal transaction for a purpose that cannot be ascribed either to their commercial or independent professional activities. According to it, in the event of defective products the client has the right to have it remedied (delivery of non-defective goods), to cancel the order or to receive a price reduction.
The product (or products) which the user claims as defective should be sent to Breedge di Patrick Abbattista, Via Aurelio Saffi 29, 20123 Milano, Italy. Caracolshop.com will evaluate the existence or otherwise of the claimed defect.
Caracolshop.com hereby reserves the right to ask the client to enclose the invoice and/or transport document or any other document that proves the date of purchase.
Caracolshop.com’s liability towards clients is limited. Except in the case of willful misconduct or gross negligence, Breedge is only responsible for any direct and foreseeable damage at the time of conclusion of the contract of sale. Breedge will not be liable for any loss, loss of profit or any other damage that is not an immediate and direct consequence of the culpable breach or which was not foreseeable at the time of conclusion of the agreement.
Caracolshop.com informs that the website, as well as all trademarks and logos used in connection with the sale of the products offered, are protected by the intellectual and industrial property rights applicable. Any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form or for any purpose, it is forbidden. Breedge will proceed legally to protect these aspects.
Personal data protection
Caracolshop.com is the holder of personal data collected when the user (or client) register to the website, as well as those subsequently submitted at the order, except for the information related to the payment process for which each bank or payment gateway is responsible. The website will not sell any of these data to any third party for commercial purposes.
The personal data requested during the website registration process must be provided in a full and correct manner. Whether the data provided should change, the user (or client) is obliged to update his account with immediate effect.
For any communication please contact Caracolshop.com at the following address:
Breedge di Patrick Abbattista
Via Aurelio Saffi 29
20123 Milano, Italy
These Terms and Conditions are governed by Italian law. The Terms and Conditions may be amended from time to time due to modifications in laws and regulations or other reasons.