Terms and Conditions
General conditions
(pursuant to Chapter I, Title 3, paragraph 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”) govern the purchase of products and services, carried out remotely and made available, via the internet, by the website www.autoricapresi.com (hereinafter, the “Site”) in compliance with Italian legislation pursuant to Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, the “Consumer Code”).
The seller of the products and owner of the Site is: Autori Capresi Srl with registered office in via Sopra La Croce, 21 – 80069 Vico Equense (NA) – Italy, P. IVA: IT08901751217, Company Register registration: SA–458346 – E-mail address: customercare@autoricapresi.com (hereinafter “Autori Capresi”).
The consumer who accesses the Site to make purchases (hereinafter the “Customer”) is required, before sending the order, to carefully read these General Conditions, made available on the Site and consultable at any time by the Customer also through the link contained in the confirmation e-mail of each order, to allow for reproduction and storage.
In the event that the person making purchases on the Site requests the issuance of an invoice and/or is not in any case a "consumer or user" pursuant to art. 3, paragraph 1, letter a) of the Consumer Code, the legislation on withdrawal pursuant to articles 7 and 8 of these General Conditions nor, more generally, the provisions which, pursuant to the same Consumer Code, apply only to "consumers".
Contracts concluded with Autori Capresi through the Site are governed by these General Conditions in compliance with Italian law. The language available for concluding the contract is Italian.
2. Selection and order of Products
The characteristics and price of the various products for sale on the Site (hereinafter "Product" or "Products") are indicated on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions on the Site. The Customer must add the Product to the "Cart" and, after reading the General Conditions and the Privacy Policy and confirming acceptance, must enter the shipping and 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, the Customer declares to have read all the information provided during the purchase procedure and to fully accept these General Conditions and Payment Conditions.
The contract stipulated between Autori Capresi and the Customer is understood to be concluded with the acceptance of the order by Autori Capresi. This acceptance is communicated to the Customer via an order confirmation e-mail containing a reference to these General Conditions, the order number, shipping and billing data, the list of Products ordered with their essential characteristics and the total price, including shipping costs. The Customer is required to check the confirmation e-mail and, if errors are found in the order, will have 12 hours from receipt of the same to contact Customer Service directly using the appropriate contact form accessible from the "Contacts" tab. After this deadline, the order will be processed for shipment and no further modifications will be accepted, without prejudice to the Customer's rights pursuant to article 7 below.
Once the order is received, Autori Capresi will verify the availability in stock for order fulfillment. In the event that one or more Products are not available, Autori Capresi Customer Service will promptly send an e-mail communication to the Customer, who, within the following 12 hours, will have the right to reply to confirm the shipment of any available Products or cancel the order. In the absence of a response within this deadline, the order will be considered confirmed and the available Products will be shipped.
If only some Products are not available, Autori Capresi will process the order with the available Products. In both cases, the amount relating to the missing Products will be immediately reversed according to the chosen payment method.
3. Product Information
Information and characteristics relating to the Products are available, with the relevant Product codes, on the Site. The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description. It is understood that the image of the Products is for the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in color and size. In case of discrepancy between the image and the written product sheet, the product description will prevail.
The duct paper always takes precedence.
4. Prices and shipments
Product prices include all taxes and duties. All prices are expressed in Euros.
Free shipping worldwide.
5. Payment and invoicing methods
5.1 Payment methods
The Customer can pay the price of the Products and related shipping costs by bank transfer.
Bank transfer
The customer must make the bank transfer within 3 days from the date of the order. In case of non-payment within this term, the order will be cancelled and the goods will be available again for purchase by other customers. The Customer who has not made the bank transfer may be contacted by Customer Service to clarify whether the cause of the missing credit is due to the Customer's will not to confirm the purchase or to other causes.
Bank transfer details: c/c: Autori Capresi S.R.L.
IBAN: IT77O0310439971000000821289
BIC/SWIFT: DEUTITM1705
Bank: Deutsche Bank – via Riccardo Filangieri, 28 – Massa Lubrense (NA)
Reason: the Customer must indicate the date and order number in the reason for the bank transfer, which can be found in the confirmation e-mail (e.g. “Order 01/01/17 no. 345”).
Credit card
The circuits through which purchases can be made on the Site are:
Visa / Visa Electron
Mastercard
American Express
To ensure maximum security, the Customer will carry out the payment transaction directly on the bank's secure server.
The Site does not store the Customer's credit card number, but thanks to the secure communication system of the reference credit institution, starting from the second charge, the Customer who wishes - by selecting the appropriate option - will be able to proceed with the purchase without re-entering their data. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Customer's browser.
PayPal
Once the order is confirmed, the Customer will be redirected to the PayPal site where they can make the payment through their account or with a card, including a prepaid card, or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.
5.2 Order invoicing
If the purchase is made by a professional, it will be possible to request the issuance of an invoice by selecting the appropriate box during the ordering process and entering the billing data, including the tax code and/or VAT number. In this case, the invoice will be sent via e-mail to the address indicated. The professional is responsible for the correct entry of billing data and is expressly informed that, in the event of failure to request an invoice during the order, it will not be possible to request it subsequently.
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping data" field.
All purchases will be delivered by express courier (hereinafter, “Courier”) from Monday to Friday, excluding holidays and national festivities. Autori Capresi is not responsible for unforeseeable or unforeseeable delays.
Once the Products have been shipped, the Customer will receive a confirmation e-mail containing a link to track the shipment.
In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 7 (seven) working days from the day following the day on which Autori Capresi confirmed the order to the Customer via a specific order confirmation e-mail.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except for the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send a communication to Autori Capresi within 14 days from the date of receipt of the Products. If the Customer intends to exercise the right of withdrawal before receiving the Products, the withdrawal communication can be sent at any time prior to receiving them.
This communication must be sent by registered letter with acknowledgment of receipt, addressed to:
c.a. Returns and Refunds Office
Autori Capresi S.r.l.
via Sopra La Croce, 21
80069 Vico Equense (NA)
Italy
Once the communication is received, Autori Capresi Customer Service will open a return management file and communicate the instructions for returning the Products to the Customer.
The right of withdrawal is governed by the following conditions:
I. The right applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on a part of the purchased Product.
II. In case of exercise of the right of withdrawal, Autori Capresi will refund the Customer the full amount of the returned goods, excluding shipping costs where provided, within 14 days from the date on which the withdrawal communication was received,
Without prejudice to Autori Capresi's right to suspend payment of the refund until actual receipt of the goods. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In the case of bank transfer or cash on delivery, the Customer must provide the bank details to which the refund should be made (account holder, bank name and address and IBAN).
III. Also in order to guarantee free return pursuant to article 8 below, the Products must be returned in the same packaging in which they were received.
IV. In addition to the cases indicated in the Introduction (non-consumer customer and/or requesting invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 Legislative Decree 21/2014:
– order of tailor-made or clearly personalized products;
– order of Products that are likely to deteriorate or expire rapidly;
– Order of sealed Products not suitable for return for hygienic reasons or for reasons related to health protection,
or which have been opened after delivery.
8. 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 complete absence of errors for which Autori Capresi cannot be held responsible, except in cases of willful misconduct or gross negligence.
Autori Capresi reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and the Consumer Code.
Except in cases of willful misconduct or gross negligence, any right of the Customer to compensation for damages or to the recognition of an indemnity, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or evasion, even partial, of an order, is excluded.
9. Complaints
Any complaints must be sent to Autori Capresi using the appropriate contact form accessible directly on the Site via the "Contacts" tab, or by registered letter with acknowledgment of receipt to the following address:
c.a. Complaints Office
Autori Capresi S.r.l.
via Sopra La Croce, 21
80069 Vico Equense (NA)
Italy
Autori Capresi undertakes to respond to all requests received within a maximum of 7 working days.
10. Applicable law and competent court
The sales contract between the customer and Autori Capresi is concluded in Italy and governed by Italian law. For the resolution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders, if the Customer is a consumer pursuant to the Consumer Code, the court of the place of residence or domicile if located in Italian territory is competent; in all other cases, the territorial jurisdiction is exclusively that of the Court of Naples, with the exclusion of any other jurisdiction.
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Pursuant to article 1341 of the Italian Civil Code, the Customer declares to have read and expressly accepted the following articles of these General Conditions: 6 (liability for delays in delivery), 8 (right of rectification - exclusion of liability).