These General Terms and Conditions of Sale (abbreviated as"GSCs") govern the purchase, by electronic means, of products presented on the website carol.it (the"Products") (the"Site"), operated by Confezioni Carol S.n.c., Via Martiri Dairaghesi 21/Bis, Dairago (MI) - P.IVA 01951330123 ("Carol s.n.c.").
These GTC are an integral, essential and ineliminable part of the contract for the purchase of any product presented on the site. The submission of a purchase order implies the Customer's acceptance of each and every contractual clause.
The customer service department of Carol s.n.c. is available for information, complaints and disputes by writing to info@carol.it.
1. Scope of Application:
1.1 This General Section applies to all Orders relating to the purchase of Products and submitted to Carol s.n.c. via the Website.
1.2 The following definitions shall apply:
"Customer" means any natural or legal person who places an Order;
"Contract" means any agreement between Carol s.n.c. and a Customer regarding the purchase by the latter of one or more Products;
"Business Day" means any day of the week, except Saturdays, Sundays and public holidays;
"Order": any proposal concerning the purchase of one or more Products made by the Customer to Carol s.n.c. through the means made available on the website.
2. Downloading and consulting the terms and conditions of the Contract:
2.1 The Customer will be able to keep a copy of these CCOs by using the normal functions of its browser to save and/or print web pages.
2.2 The data of each Order will be saved by Carol s.n.c. on its own systems. In order to preserve the confidentiality of such information, the Customer's access to it will be allowed only after prior authentication in the reserved area of the Site called "My Account", through the insertion of appropriate access credentials chosen by the Customer when registering to the Site. In this reserved area, by entering his credentials, the Customer will be able to consult the Contracts already concluded, pending and newly placed Orders, as well as update and save his contact details and the data relating to the subscription to the newsletter service, if any. The Customer undertakes to carefully keep his access credentials to the aforementioned reserved area of the Site and not to make them available to third parties, assuming all liability should this occur.
3. Conclusion of the Contract:
3.1 The presentation of the Products on the Site constitutes an invitation to users of the Site to make a purchase proposal to Carol s.n.c.. Such invitation to offer is not binding on Carol s.n.c. and does not constitute an offer to the public, pursuant to and for the purposes of Article 1336 of the Italian Civil Code, and Carol s.n.c. has full discretion in deciding whether or not to accept any such offer.
3.2 In order to proceed with the purchase of one or more Products, the Customer shall provide Carol s.n.c., in compliance with the applicable data protection provisions, with all the data necessary to allow Carol s.n.c. to execute the Orders placed.
3.3 The Customer may select one or more Products he/she wishes to purchase by placing them in a virtual "shopping cart", the contents of which he/she will always be able to view before placing the Order.
3.4 By clicking on the "Buy Now" button, the Customer will start the procedure of placing the Order.
3.5 By clicking on the "Place Order" button, the Customer will place the Order with Carol s.n.c... Any Order placed by the Customer shall be deemed, for all purposes, to be a contractual proposal by the Customer. Once the Order has been placed by the Customer, Carol s.n.c. shall promptly confirm receipt of the Order by sending an email to the email account provided by the Customer.
3.6 Carol s.n.c. shall be entitled to accept or reject the Orders received without the Customer having any right or claim against Carol s.n.c. for any reason whatsoever in case of non-acceptance. The Order shall, in any event, be deemed accepted and consequently the Contract concluded when the Customer receives, on its email address, the Confirmation of Dispatch Email.
4. Price and shipping costs:
The prices of the Products published in the different sections of the Site are inclusive of VAT and do not include any taxes, duties and duties applicable in the country of destination of the Products, where this is different from Italy, which will be borne by the Customer.
Carol s.n.c. reserves the right to change the prices of the Products at any time. Any price changes will not, however, be effective with respect to orders already placed.
5. Payment and delivery:
5.1 The Customer shall pay the price of the ordered Products in full before the order is processed. It is understood that, in the event of non-acceptance of the Order, Carol s.n.c. shall promptly refund to the Customer any amounts already paid.
5.2 Invoices shall be issued exclusively in electronic format.
5.3 For deliveries, Carol s.n.c. shall use carriers selected according to the destination/cost of the shipment. Carol s.n.c. will dispatch the Products as soon as possible. The average dispatch time is 5 working days. In case of urgency, the Customer can check the expected delivery time for the requested Product(s) by contacting customer service: info@carol.it.
5.4 In the event of refusal or non-delivery due to absence on the part of the Customer, Carol s.n.c. will be obliged to charge the Customer for the extra costs incurred for the storage/delivery/return of the ordered Product(s). The Customer, in its own interest, must make arrangements for the forwarding agent to find a person for delivery to the address entered in the order. In the event that the Customer does not wish to assume such extraordinary storage/delivery/return costs, Carol s.n.c. is entitled to withdraw from the contract by retrieving the Product and crediting the Customer with the amount paid minus any extraordinary transport/delivery/return costs incurred.
5.5 Carol s.n.c. shall not be liable for non-delivery or delayed delivery in the event that:
-despite having duly and timely purchased the Products to cover the Order received, it has not been supplied on the terms and in the manner agreed with the supplier
-is unable to make up for the non-availability of such Products due to circumstances beyond its control;
-has promptly notified the Customer of such non-availability of the Products.
In any event, where the unavailability of the Products, due to any of the above-mentioned circumstances, does not allow the delivery of the Products to the courier within 30 (thirty) days from the date of receipt of the payment for the Order, Carol s.n.c. shall refund the Customer the relevant advance payment within 10 (ten) days from the date of cancellation of the Order by either party.
5.6 Carol s.n.c. shall not be liable for non-delivery or delayed delivery due to force majeure (e.g. strikes, public authority measures, transport difficulties, fire, flooding) beyond Carol's control s.n.c.. Carol s.n.c. shall notify the Customer of the occurrence and disappearance of a force majeure event in a timely manner. If the cause of force majeure persists for a period exceeding 30 (thirty) days, either party shall be entitled to withdraw from the contract. In the event of withdrawal pursuant to this Section 5.6, the Customer shall not be entitled to any indemnity or compensation for any reason whatsoever, without prejudice to the right to a refund of any amounts already paid for the Order, within 10 (ten) days from the date of cancellation of the Order by either party.
5.7 The risk of accidental loss of the Products shall remain with Carol s.n.c. until their delivery to the Customer or to another person indicated by the latter, regardless of whether or not the shipment of the Products is insured.
6. Conformity, Warranty and Claims Management:
6.1 For technical reasons, the products may be subject to changes, without prior notice, with respect to what is published on the website and/or catalogue.
6.2 For purchases made by Consumers, the legal rules on warranties shall apply, including, where applicable, the rules set out in the Consumer Code on warranties for Consumers.
6.3 If the Customer discovers any defects in the Products purchased pursuant to these GTC, it may, under penalty of forfeiture within two months of discovery, contact Carol s.n.c. in the manner set forth in these GTC and request the repair or replacement of the Product. The choice between repair or replacement shall remain with the Customer unless the remedy chosen is objectively impossible or excessively expensive compared to the other.
6.4 Carol s.n.c. will, as the case may be, make the requested repairs and replacements within a reasonable period of time after receipt of the Customer's request. Carol s.n.c. invites the Customer to describe in as much detail as possible the nature of the defect or deficiency found and any other information that may be helpful for the fulfilment of the complaint. If no response is received by the Customer within 7 (seven) working days, Carol s.n.c. invites the Customer to request a response. Carol s.n.c. also advises the Customer to check that e-mails sent by it are not blocked by any 'spam filters' or do not reach their destination correctly due to other technical problems of the recipient Customer's e-mail programme.
6.5 If the required repair/replacement proves to be impossible or excessively expensive, or has not been carried out within a reasonable period of time, or has caused considerable inconvenience to the Customer, the Customer may demand a reasonable reduction in price or termination of the Contract at his discretion. In any case, termination of the Contract shall not be admissible for minor defects in respect of which it has not been possible or excessively expensive to repair or replace the relevant Products.
7. Purchase Coupons:
Purchase Coupons may be offered by Carol s.n.c. in the context of promotional campaigns, for a limited period of validity.
8. Conditions for the redemption of Purchase Coupons:
8.1 Purchase Coupons are valid until the stated term and can only be used once as part of an Order procedure. The Purchase Coupon can only be used before validation of the Order, after this point no reduction is possible.
8.2 The Purchase Coupon is not redeemable for cash and is not transferable to a third party. The credits represented by each individual Purchase Coupon are not cumulative.
8.3 In the event of purchases totalling less than the amount of the Purchase Coupon, any remaining credit will not be refunded to the Customer.
8.4 If the credit represented by a Purchase Coupon is less than the total amount to be paid for an Order, the difference may be settled by the other permitted methods of payment.
8.5 The Purchase Coupon will not be refunded if the Goods are returned in whole or in part.
9. Data Protection:
Carol s.n.c. reserves the right to keep the data of each Order as well as the Customer's contact details for the sole purpose of using them for the correct execution of the Order (also through transmission to the business partners involved in the management of the payment, the execution of the Order and/or the shipment of the Product), for any claims concerning the warranty of the Product and/or for recommendations or instructions to the Customer concerning the Product. The storage and processing of data will be carried out in accordance with the content of the notice regarding the protection and use of personal data by Carol s.n.c. ("Privacy").
10. Substitution Clause:
Should any present or future provision of the TOU and/or the agreement be or become wholly or partially invalid and/or ineffective or should there be a gap in the provisions of the TOU and/or the agreement, the remaining provisions of the TOU and the agreement shall nevertheless remain valid and enforceable. It is understood that Carol s.n.c. and the Customer shall endeavour to negotiate in good faith the integration of the lacuna or the replacement of the invalid and/or ineffective provision with the aim of achieving the same results as the invalid or ineffective provision and preserving the economic substance of the agreement.
11. Right of termination
11.1 In compliance with the duties of information set out in Article 52, paragraph 1, letters (f) and (g) of the Consumer Code Legislative Decree 206/2005, Sections 11.2 and 11.3 below set out terms and conditions governing the right of withdrawal in favour of the Customer, as regulated by the same Consumer Code.
11.2 Instructions for the exercise of withdrawal in the cases provided for by the Consumer Code:
In accordance with the provisions of the Consumer Code, the Customer has the right to withdraw from the Contract, in accordance with the procedures and timeframes provided for within this Section.
If the Customer intends to exercise this right of withdrawal, he/she shall, within 14 (fourteen) working days from the date of delivery of the Product (in the case of multiple deliveries, from the date of the last partial delivery), send a specific notice (without the need to specify any reasons), to be sent by registered letter with acknowledgement of receipt, or by e-mail provided that it is confirmed by registered letter with acknowledgement of receipt within the following 48 (forty-eight) hours, to the addresses indicated below.
If the right of withdrawal is exercised, the Customer shall return the Product to Carol s.n.c. at the address indicated below within 30 (thirty) days from the date of delivery thereof.
The substantial integrity of the Product to be returned is an essential condition for the exercise of the right of withdrawal. However, it is sufficient for the goods to be returned in a normal state of preservation, as they have been kept with the use of normal diligence.
Notice of withdrawal must be sent by registered mail to:
Confezioni Carol S.n.c.Via Martiri Dairaghesi 21/Bis Dairago (MI)
The Products must be returned to:
Confezioni Carol S.n.c.Via Martiri Dairaghesi 21/Bis Dairago (MI)
Consequences of withdrawal
If the Customer has exercised its right of withdrawal in accordance with the provisions of these GTC, any performance that has already been received by the Customer and/or Carol s.n.c. shall be returned. A refund of the price paid by the Customer shall be made by Carol s.n.c. within 14 (fourteen) days of receipt of the product returned by the Customer. The risks associated with the destruction or damage of the Products during shipment shall be borne by the Customer, it being understood that in such an eventuality, the Products will not be considered intact and the withdrawal will not be effective. The shipping costs associated with the return of the Product shall be borne by the Customer.
Carol s.n.c. will make the refund by PayPal (where possible) or by bank transfer.
11.3 If the Customer intends to exercise the right of withdrawal, the Products must be returned
- properly packaged in their original packaging, in perfect resale condition (not ruined, damaged or soiled) and with all accessories, instructions for use and documentation, if any;
- with the transport document (present in the original packaging), so as to allow Carol s.n.c. to identify the Customer (Order number, name, surname and address);
- without obvious signs of use, other than those compatible with normal testing of the Product. That is to say, they shall not bear any traces of prolonged use, exceeding the time necessary for a test, and they shall not be in such a state as to prevent their resale.
If the returned Product does not comply with the requirements of the preceding paragraph, the withdrawal shall not be effective.