Terms and Conditions of Use

United States

Welcome to the United States section of www.renecaovilla.com (the “Site”), the official online shop of Rene Caovilla in the United States. This Site is owned by RENE CAOVILLA SpA (“Rene Caovilla”) having an address at Via Nazionale 24, 30032 Fiesso D’Artico (VE), Italy.   The Site is operated under license by and the products sold are sold by FiloBlu USA, Corp. (“FiloBlu”), a Delaware corporation having an address at 350 Fifth Avenue, 41st Floor, New York, NY 10118.

 

These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of the Site and its content, including its text, layout, menus, processes, videos, images, software, code, downloads, interfaces, audio clips, icons, logos, design and graphics and the selection and arrangement thereof (collectively, “Content”) and your purchase of products available for sale on the Site. Your use of the Site is conditioned upon your acceptance of these Terms of Use. The words “user”, “you” and “your” as used in these Terms of Use refer to users of and visitors to the Site and other persons who access the Site. Please review the following disclosures and terms that govern your use of the Site. As used in these Terms of Use, the words “we”, “us”, and “our” refer to FiloBlu.

 

Your use of the Site constitutes your agreement to and acceptance without change of these Terms of Use. By accessing, browsing or using the Site, you acknowledge that you are at least eighteen (18) years old and have read and understand all of the terms and conditions of these Terms of Use. If you are not at least eighteen (18) years old or you do not agree and accept these Terms of Use, you are prohibited from using this Site.

 

For any other legal information concerning your access to, use of, and purchases made on the Site, please read the Site’s Terms and Conditions of Sale, Returns and Refunds, which are incorporated into these Terms of Use by this reference.

 

1. License and Access

 

You agree by accessing, browsing or otherwise using the Site, the Site and the Content are and remain the sole and exclusive property of Rene Caovilla, FiloBlu, their respective affiliates and/or third-party providers, as applicable. Except as expressly permitted by us in writing, you agree that your license to access, browse and/or use the Site and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Site and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) solely to enable printing and/or offline viewing of such Content and solely for your non-commercial use and not for resale or distribution to anyone else. You also agree that, with respect to any Content, or copy thereof, that you download, create, generate, store and/or print, as permitted herein, you will reproduce and include all copyright and other proprietary notices included in such Content.

 

Except as expressly permitted in these Terms of Use or otherwise in writing by us in each instance, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of this the Site or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Further, you shall not use any keywords, metatags, meta elements, “hidden text” or other equivalents using the names “Rene Caovilla” or any other colorable equivalent without the prior written authorization of Rene Caovilla. Rene Caovilla, Filoblu and its content providers have the exclusive right to authorize or prohibit in their sole discretion any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, in whole or in part, the Content. Rene Caovilla, Filoblu and its content providers shall have the right, at any time, to claim the authorship of any Content posted on the Site and to object to any use, distortion or other modification of such Content. Any reproduction, publication, distribution, display, modification, creation of derivative work from, or exploitation in any way of, the Content expressly authorized in writing by Rene Caovilla, Filoblu or its content suppliers shall be carried out by you for lawful purposes only and in compliance with all applicable laws.

 

2. Privacy Policy

 

We recognize the importance of protecting the privacy of users of and visitors to the Site. Please click Privacy Policy to view the Site’s privacy policy (“Privacy Policy”) which is incorporated and made part of these Terms of Use. Any changes to the Privacy Policy will be communicated on such page.

 

3. Use of the Site

 

Without limiting anything else contained in these Terms of Use, you acknowledge and agree that the Content and databases used to store the Content (“Databases”) and any other information contained thereon are valuable intellectual property owned by or licensed to us, and no proprietary rights therein are being transferred to you by these Terms of Use. You agree that you shall not, directly or indirectly: (i) use any of the Content, Databases or any other information contained thereon for any purposes other than your personal non-commercial use; (ii) use the Content, Databases and any other information contained thereon to establish independent data files or otherwise amass statistical information thereof or therefrom; (iii) use the Content, Databases and any other information contained thereon in violation of any applicable laws or regulations; (iv) publish or distribute in any medium any portion of the Content, Databases or any other information contained thereon, and/or summaries or subsets thereof to any person or entity; (v) access or attempt to access any other user’s account; (vi) obtain or ascertain or attempt to obtain or ascertain any other user’s user name, password and/or personal information by any means whatsoever; (vii) elude or attempt to elude the Site’s security systems; (viii) attempt to gain access or gain access to the Site in a fraudulent manner; (ix) use the Site for any purposes other than those intended by us, as determined by us in our sole discretion; or (x) upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

 

You specifically acknowledge and agree that any and all misappropriation or misuse of the Content, Databases or any other information contained thereon will cause irreparable harm to us and that in such event money damages will not constitute sufficient compensation; consequently, in the event that you, directly or indirectly, misappropriate or misuse the Content, Databases or any other information contained thereon, you specifically consent to our obtaining injunctive relief against you in addition to any other legal or financial remedies to which we may be entitled.

 

We reserve the right to modify and/or discontinue the Site at any time, for any reason and without notice, and to terminate your password and account should you be in violation of these Terms of Use, including but not limited to the provisions of this section entitled “Use of the Site”.

 

4. Links to Third Party Sites

 

This Site may contain hyperlinks to other websites that are operated by unaffiliated third parties and contain information created, published, maintained, or otherwise posted by such unaffiliated third parties. These links are provided as a convenience only and are not meant as endorsement, approval or certification of such third party websites or the products and/or services associated therewith. Further, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located on any such website and we are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources. These Terms of Use do not apply to your use of such websites, which may be subject to different terms and conditions of use and privacy policies available on such websites. We will not be liable for any damages or injury resulting or arising from the content of or access to such other website. Your use of any third party website is at your sole risk.

 

Unless approved by us in writing in advance, you agree not to: (i) provide or create a link to the Site; or (ii) create any frames at any other sites pertaining to any of the Content located on the Site.

 

5. Changes or Modifications to the Site or Site Policies

 

We reserve the right, in our sole discretion, to make changes to, modify, add or remove any portion of the Site, these Terms of Use and any other policies published on the Site, at any time and for any reason. Your continued use of the Site after the implementation of any changes will constitute your acceptance of such changes; provided, however, that we will not be obligated to inform you of any changes as they occur.

 

6. User Submissions

 

From time to time, we may permit users to submit content to the Site. User hereby acknowledges and agrees that by submitting remarks, comments, suggestions, ideas, graphics, feedback, edits, concepts, comments, photographs, illustrations and other materials (other than personal information and/or registration information) through the Site (individually and collectively, “Submissions”), user (i) grants us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter created, without attribution to user; (ii) grants us the right to pursue at law any person or entity that violates user’s and/or our rights in user’s Submissions; and (iii) forever waives any and all of user’s rights, including but not limited to moral rights, if any, in and to user’s Submissions, including, without limitation, any all rights or requirements of attribution or identification of user as the author of the Submission or any derivative thereof. We reserve the right to remove any user Submissions from the Site, in whole or in part, without notice, for any reason or no reason. User Submissions, including personally identifiable information contained therein, are made voluntarily and are subject to our Privacy Policy. You may not upload or otherwise publish content on the Site (i) that is confidential to user or any third party; (ii) that is untrue and inaccurate, false or other than an original work of user’s authorship; (iii) that relates to or impersonates any other person; (iv) that violates the copyright, trademark, patent or other intellectual property rights of any person or entity; (v) that contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity other than the provider of the products, goods or services to which the Submission relates; and (vi) that violates any law, or in any manner infringes or interferes with the rights of others, including but not limited to the use of names, information, or materials that (A) libel, defame, or invade the privacy of any third party, (B) are obscene or pornographic, (C) are harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate, racially, sexually, ethnically or are otherwise objectionable or otherwise contrary to the laws of any place where such Submissions may be accessed; (D) constitute personal attacks on other individuals; (E) promote criminal, immoral or illegal activity; (F) promote or advertise any person, product or service or solicit funds; or (G) are deemed confidential by any contract or policy.

 

You are solely responsible for any Submissions you make and their accuracy and you agree to defend, at our option, and at your sole expense, indemnify and hold Rene Caovilla, Filoblu, their affiliates and subsidiaries, and each of their respective employees, agents, representatives, successors and assigns (collectively, the “Indemnified Parties”) harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which the Indemnified Parties may incur as a result of your Submissions. The Indemnified Parties take no responsibility and assume no liability for any Submissions posted by you or any third party, and the Indemnified Parties do not endorse any statement, idea or representation contained in the Submissions, nor do they guarantee the Submissions’ accuracy, integrity or quality.

 

7. Intellectual Property

 

All right, title and interest in and to the Site and the Content and all intellectual property rights embodied therein, are the property of Rene Caovilla, FiloBlu, or their respective licensors or content suppliers, as applicable. The Site and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use, in whole or in part, of the Site or the Content is strictly prohibited, except as otherwise provided herein or authorized in writing by Rene Caovilla, FiloBlu, or their respective licensors or content suppliers, as applicable.

 

“Rene Caovilla” is a trademark owned by Rene Caovilla. All other trademarks, service marks, domain names, logos, company names, copyrights and patents used, displayed or referred to on or in connection with the Site (collectively “Other Intellectual Property”) are the intellectual property of Rene Caovilla or their respective owners. The “Rene Caovilla” trademark and the Other Intellectual Property are protected by national intellectual property and other laws and international treaty provisions.

 

Except as provided in these Terms of Use, you are not granted any rights in or to the “Rene Caovilla” trademark or the Other Intellectual Property, and you agree not to use the “Rene Caovilla” trademark or the Other Intellectual Property in any manner inconsistent with the provisions of these Terms of Use, without the prior written authorization of Rene Caovilla  or the respective owners of the Other Intellectual Property, as the case may be.

 

8. No Warranties; Limitation of Liability

 

THE INFORMATION AND CONTENT ON THE SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THE INFORMATION AND CONTENT MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

 

THE SITE IS OPERATED BY US AND THE MATERIALS AVAILABLE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. RENE CAOVILLA, FILOBLU AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “SITE OPERATORS”) MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE SITE FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE OPERATORS AND ALL THIRD PARTY CONTENT PROVIDERS OR LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AS TO THE OPERATION OF THE SITE OR ITS FUNCTIONING OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER THE SITE OPERATORS NOR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SITE OPERATORS, THEIR AGENTS OR THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE MATERIALS ON THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR OTHERWISE RELATED TO THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE SITE OPERATORS NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE SITE OPERATORS DO NOT REPRESENT OR WARRANT THAT THE SITE IS SECURE, THE SITE OR THE SERVER SUPPORTING THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THE INFORMATION ON THE SITE IS ERROR-FREE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

 

THE SITE OPERATORS’ PERFORMANCE UNDER THESE TERMS OF USE IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED HEREIN IS IN DEROGATION OF THE SITE OPERATORS’ RIGHT TO COMPLY WITH LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE SITE OR INFORMATION PROVIDED TO OR GATHERED BY THE SITE OPERATORS WITH RESPECT TO SUCH USE.

 

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT ANY OF THE SITE OPERATORS IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, THE SITE OPERATORS’ LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, THE SITE OPERATORS’ LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.

 

NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS. CERTAIN STATES LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

9. Indemnification

 

You agree to indemnify, defend and hold us, Rene Caovilla, our respective subsidiaries and affiliates and our respective officers, directors, shareholders, employees, agents, content providers, customers and suppliers harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (i) your use of the Site and any of the content, or any products or services obtained on or through the Site; (ii) any breach by you of these Terms of Use; (iii) any submission you make or post on the Site; and (iv) any other activity by you on or in connection with the Site (including, without limitation, infringement of third parties’ intellectual property rights or any other negligent, illegal or wrongful conduct) by you or any other person accessing the Site using your account.

 

10. Force Majeure

 

You absolve and release us, Rene Caovilla and our respective officers, directors, shareholders, employees, agents, content providers, customers and suppliers from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

 

11. Contact Us

 

All requests for information, complaints or inquiries regarding orders deliveries and purchases should be directed to FiloBlu’s Customer Care department:

 

Email: customercare@caovilla.com

Telephone: (+39) 041 8380024 Monday to Friday, 8.30 – 13.00 14.30- 18.00 (GMT +1: Rome / Paris / Berlin time).

12. Digital Millennium Copyright Act

 

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent designated below with the following information in writing:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

 

Our designated Copyright Agent to receive DMCA notices is: Tarter Krinsky & Drogin LLP

If notified of an allegation that the Site contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Site, consistent with applicable law.

For any information or notification send notice:

By mail to:

Attn: Giuliano Iannaccone, René Caovilla DMCA Agent

c/o Tarter Krinsky & Drogin LLP, 1350 Broadway, 11th Floor, New York, NY 10018; or

 

By e-email to:

giannaccone@tarterkrinsky.com

Subject: Attn: René Caovilla DMCA Agent; or

 

By phone to:

Giuliano Iannaccone

(212)-216-1110

Subject: René Caovilla DMCA Agent

 

13. Languages

 

In the event that these Terms of Use have been provided in any other language, the English version shall be controlling for the Site.

 

14. Severability

 

If any portion of these Terms of Use is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.

 

15. Modifications to the Services

 

You acknowledge and agree that the form and nature of the services which FiloBlu provides may change from time to time without prior notice to you. You further acknowledge and agree that FiloBlu may stop (permanently or temporarily) providing the services (or any features within the services) to you or to users generally at FiloBlu’s sole discretion, without prior notice to you.

 

16. Confidentiality

 

You understand that FiloBlu grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. FiloBlu reserves the right to revoke these exceptions either generally or in specific cases.

 

17. Entire Agreement

 

The Website Policies constitute the entire agreement between you and us with respect to your use of the Site and the Content, and supersede any and all prior understandings or agreements between you and us, whether written or oral. You acknowledge that, in providing you with access to and use of the Site and the Content, we have relied on your acceptance of these Terms of Use.

 

We may amend or update all or any part of the Website Policies at any time in our sole discretion. Any amendments or updates to the Website Policies shall be effective upon publication in their respective sections of the Site. Please access the respective sections of the Site regularly in order to check whether the Website Policies have been updated.

 

18. Governing Law; Jurisdiction

 

Access, browsing and use of the Site, the Content and these Terms of Use, and all matters or issues collateral thereto, including the purchase of products through the Site, are all governed by the laws of the State of New York without regard to any conflict of law provisions that would refer to and/or apply the substantive laws of another jurisdiction. The United Nations Convention on International Sale of Goods shall not apply to any sale or other transaction made through the Site.

 

Any legal action or proceeding relating to your access to, or use of, the site shall be instituted only in a state or federal court located in the state of New York, County of New York, USA and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

 

Effective Date 03.04.2020

Canada

TERMS AND CONDITIONS

The products for sale on www.renecaovilla.com (hereinafter the “Site”) are sold and invoiced by FiloBlu S.p.a., with registered office at Via Caltana, 116/C – 30030, Santa Maria di Sala (Venice Province), a company registered with the Venice Rovigo Delta Lagunare Chamber of Commerce, Industry, Handcrafts, and Agriculture, entered under no. 354686 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.p.a. (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.   

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 Mag L (Area Filoblu) Via San Biagio, 65/67 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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