TERMS AND CONDITIONS

The products for sale on www.renecaovilla.com (hereinafter the “Site”) are sold and invoiced by FiloBlu S.r.l., with registered office at Via Caltana, 116/C – 30030, Santa Maria di Sala (Verona Province), a company registered with the Padova Chamber of Commerce, Industry, Handcrafts, and Agriculture, entered under no. 376552 in the REA business register of the Company Register, Tax Code and VAT Registration no. 04274870288.

For any information regarding orders, forwarding of goods and, more generally, purchases it is possible to contact FiloBlu customer care as indicated below:

Mail: customercare@caovilla.com

Telephone: +39 041/8380024 - Monday to Friday 08.30-13.00 and 14.30-18.00


GENERAL CONDITIONS OF SALE

 

1. Acceptance of the general conditions of sale and conclusion of the contract

1.1 The contract made between FiloBlu S.r.l. (hereinafter "FiloBlu") and the Customer (meaning the party, a natural person, that makes a purchase on the Site unrelated to their commercial, business, or professional activity) is to be understood as having been concluded when the order is accepted, even if only partially, by FiloBlu. Where the order is not accepted, FiloBlu shall in any case give timely notice of this to the Customer. 

1.2 By placing the order according to the various procedures indicated, as in the order form present on the Site (hereinafter "Order"), the Customer declares that they have taken note of the information given to them during the purchasing procedure and that they fully accept these general conditions (hereinafter the "Conditions"). 

1.3 These Conditions may be printed or saved on a durable medium having regard for the provisions of article 12 of Legislative Decree no. 70/2003 and of article 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.


2. Purchasing procedures

2.1 The products offered for sale by FiloBlu shall be solely those on the FiloBlu Site at the time the Order is submitted, as described in the respective information sheets. 

2.2 However that may be, the images that accompany a product information sheet are solely for information purposes and may not be perfectly representative of the product’s characteristics but differ, for example, in colour and size (one reason being the browser and the monitor used to access the Site as well as the display of the images).

2.3 To place their Orders Customers must fill out the respective form on the Site in its entirety and send it after having carefully read the Conditions, as well as the characteristics of the product and/or products they intend to purchase. Customers must likewise apply to FiloBlu, if they so wish, for the issue of an invoice for the purchase, in accordance with article 22 of Presidential Decree no. 633/1972. 

2.4 Proper reception of the Order is confirmed by FiloBlu in an e-mail reply, sent to the e-mail address notified by the Customer. This confirmation message shall summarise the conditions of purchase, as provided by the applicable legislation, as well as the data included in the Order by the Customer, so that he/she can check them and, as the case may be, immediately notify the necessary corrections to the incorrect data. 


3. Prices and payment procedures

3.1 The prices shown on the Site shall be inclusive of taxes and VAT. Any costs for the forwarding of goods or payment-related expenses shall, in any case, be notified in advance to the Customer through the Site or these Conditions. 

3.2 The following payment procedures can be used:

(i) PayPal

Payment can be made by Customers through the Paypal circuit by following the specific procedures of that circuit. 

(ii) Credit card

Where goods are purchased using Credit Cards, the transaction can be effected through the Paypal safe server or through another safe server chosen by FiloBlu.

Under no circumstances and at no stage of the payment will FiloBlu be in a position to know the information regarding Customers’ credit cards, transferred over a protected connection directly to the site of the bank that is handling the transaction. Said data shall not be held in any data store of FiloBlu and, accordingly, in no case may FiloBlu be held responsible for any fraudulent or improper misuse of credit cards by third parties when payment is made.

(iii) Credit transfer (only for European Union countries)

Where purchases are made through a credit transfer the bank account details for payment will be displayed. The goods will be forwarded only on reception of the payment by the bank.

(iii) Bonifico (solo per Paesi dell’Unione Europea)

In caso di acquisto con bonifico, verranno visualizzate le coordinate bancarie per il pagamento. La spedizione della merce avverrà solo alla ricezione effettiva del pagamento in banca.   

(iiii) Cash on delivery (Italy only)

With the cash on delivery procedure, payment must be made solely in cash at the time the products purchased are delivered. Cash on delivery payments entail additional expense of EUR 8.00 payable by the Customer for collection costs. Payment under the cash on delivery procedure can only be made for purchases amounting to less than EUR 999.00.

4. Delivery of the products and respective expense 

4.1 Products purchased shall be delivered to the address indicated in the Order within 24-48 hours of acceptance of the Order by FiloBlu, at the cost specifically indicated at the Site before the submission of the invoice. FiloBlu reserves the option to accept, or not to accept, requests for deliveries outside Italian or European borders. Whatever the case, for deliveries outside Italian borders, forwarding expenses and delivery times may be subject to change. 

4.2 Where deliveries are requested to countries not part of the European Union, any import-related customs expense shall be borne by the recipient. Accordingly, Customers are invited to contact the customs authorities in their country beforehand to check on the import costs and on any import restrictions.

4.3 The delivery times indicated by FiloBlu must be seen as just a broad guide and a delay with respect to them, or any delivery made in subsequent split consignments do not entitle Customers to refuse the delivery and to demand compensation or indemnity payments.

4.4 At the time the products are delivered, Customers must check: 

● that the number packages delivered corresponds with what is shown in the transport documents.

● that the packing is intact, not damaged, nor wet or in any way altered, and this applies also to sealing/tie-around materials (adhesive tape or metal bands). 

Any damage to the packing and/or to the product or an absence of correspondence in the number of packages or the indications must be immediately noted, and a remark to this specific effect must be made on the product delivery document to be returned to the carrier.

Any problems regarding the physical intactness, the correspondence, or the completeness of the products received must be reported within 7 days of the delivery, following the procedures as in this document.

5. Right of withdrawal

5.1 Pursuant to article 52 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, Customers may withdraw from the Conditions and, accordingly, the contract of purchase for any reason, without need to adduce grounds and free of any penalty, within 14 (fourteen) working days of the date the products were received. 

5.2 To exercise their right of withdrawal as in clause 5.1 above, Customers must, within the term indicated, send FiloBlu notification to this effect at the email address customercare@caovilla.com, or use the form for that purpose displayed at the Site, or submit any other explicit statement of their decision to withdraw from the contract. If withdrawal is exercised using the form at the Site, consumers will receive, on a durable medium, confirmation of receipt of the rescission they have exercised.

5.3 In the event of withdrawal, Customers must, at their expense, send back the products to FiloBlu within 14 (fourteen) days of the withdrawal to the following address: FiloBlu c/o Snatt Logistica Spa Via Galileo Galilei 21 42024 Castelnovo Sotto (RE) Italy. The goods must be returned intact, complete in all their parts and in the original packing (envelopes and packaging), having been kept and possibly used for the time strictly necessary for establishing and checking their nature, characteristics, and size, in accordance with normal diligence, without there being signs of wear and tear or dirt, having regard for the conditions set out below: 

● the right of withdrawal can apply to the product purchased in its entirety: in it not possible to exercise withdrawal solely with regard to a part of the product purchased (for example: accessories, complementary items, etc…..);

● for withdrawal to be possible, the product must be intact and returned in the original packaging, complete in all its parts (including packing and any documentation and accessory provision: labels, tags, seals, etc…); 

● the expenses for forwarding the goods to return them (and any customs expense, if applicable) shall be payable solely by Customers; 

● up until certified receipt has a been taken at the warehouse indicated by FiloBlu, Customers shall bear full responsibility for the forwarding of the goods; 

● if the goods are damaged during carriage, FiloBlu shall give notice of this to Customers, so that they can promptly make a complaint to the carrier they have chosen and obtain the corresponding reimbursement; the product shall then be made available to Customers and, at the same time, the request to withdraw will be cancelled;

● in no sense shall FiloBlu be answerable for damage, theft, or loss that occur during or in any way as a result of the forwarding of the goods for their return. 

5.4 FiloBlu, without prejudice to the provisions of clause 5.5 below, shall reimburse Customers the entire amount already paid, net of any additional forwarding costs in accordance with paragraph 2, article 56 of the Consumer Code (Legislative Decree 206/2005) as amended by Legislative Decree 21/14, within 14 (fourteen) days of the withdrawal, through a procedure that reverses the amount charged, using the same means of payment used by the Customer for the initial transaction, barring an agreement otherwise. Whatever the circumstances, Customers shall not bear any cost as a consequence of said reimbursement. FiloBlu may suspend the reimbursement until receipt is taken of the returned product or until the time that Customers demonstrate that they have correctly sent back the product, if earlier.

5.5 In any case, Customers shall be responsible for the reduction in the value of the product resulting from handling the product in a way other than that needed to establish the nature, the characteristics, and the operation of the product.

FiloBlu may therefore withhold from the amount to reimburse the Customer the sum arising from said reduction in the value of the product.

6. Warranties

6.1 All products sold by FiloBlu are covered by the 24-month warranty for defects in conformity in accordance with Title III of Legislative Decree 206/2005. To benefit from the warranty Customers must show the invoice or the receipt for payment. During the course of the above-stated period of 24 (twenty-four) months Customers may exercise the warranty by reporting the defect in conformity by and no later than 2 (two) months from the discovery of the defect. 

6.2 The warranty for defects in conformity shall apply provided that the respective product has been used correctly, having regard for its intended use and for what is stated in the usage and washing instructions that are on and/or that come with the product.

6.3 Where, for whatever reason, FiloBlu is unable to return to the Customer a product under warranty (renewed or replaced), or where the repair or the replacement is, if only because of the value of the product, excessively costly, FiloBlu may make a suitable reduction in the price paid, or return the entire amount paid with termination of the contract.

7. Complaints and requests for information

7.1 Any complaint or request for information may be addressed to FiloBlu at:

E-mail customer care:  customercare@caovilla.com

Telephone: +39 041/8380024      Monday to Friday 08.30-13.00 and 14.30-18.00

8. Intellectual and industrial property rights

8.1 All intellectual and industrial property rights in images, texts, photographs, software, videos, music or in any product of the intellect present at the Site (hereinafter, "Works") are the property of FiloBlu or of Rene Caovilla S.p.A. or of any licensees they may have. 

8.2 Among other things, Customers are not allowed to copy, to download using a downloading device, to reproduce, translate, amend, distribute, disseminate, communicate to the public, to use in any way or form, wholly or partly, the Works, outside of the activity strictly necessary for using the Site.

8.3 Rene Caovilla S.p.A. is the sole proprietor of the "Caovilla" trade mark. Customers are prohibited from using this trade mark in any form or way.

8.4 Rene Caovilla S.p.A. is the sole proprietor of all the intellectual and industrial property rights in the products sold on the Site. Customers are prohibited from infringing, in any form or way, the above rights of Rene Caovilla S.p.A.

9. Privacy

9.1 The personal data gathered when the Order is forwarded shall be processed in accordance with what is stated in the statement on the processing of personal data Privacy and cookie Policy

10. Applicable law 

10.1 The sales contract referred to in these Conditions and its respective performance are regulated by Italian Law, with the disapplication of the conflict of laws rules and The United Nations Convention On Contracts For The International Sale Of Goods. In resolving the respective disputes the Court of the local municipal area where the Customer is resident shall exercise jurisdiction.

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