General conditions

(pursuant to Chapter I, title 3, part 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”) have as their object the discipline of the purchase of products and services, carried out remotely and made available, via the internet, from the website www.autoricapresi.com (hereinafter, the “Site”) in compliance with the Italian legislation referred to in 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 Via Sopra La Croce, 21 – 80069 Vico Equense (NA) – Italia, VAT number: IT08901751217, Business Register: SA–458346 – E-mail address: [email protected] (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 which have been made available on the Site and which will be available at any time by the Customer also through the link contained in the confirmation email of each order to allow it to be reproduced and stored.

In the event that the person making purchases on the Site requests the issuance of an invoice and / or in any case is not a “consumer or user” as defined in art. 3, paragraph 1, lett. a) of the Consumer Code, the withdrawal regulation pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to “consumers”.

The contracts concluded with Autori Capresi through the Site are governed by these General Conditions in compliance with Italian law. The language available to conclude the contract is Italian.

2. Choose and order the Products

The characteristics and the price of the various products on sale on the Site (hereinafter “Product” or “Products”) are shown 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 having read the General Conditions and the Privacy Policy and confirmed their acceptance, must enter the shipping and billing information, 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 acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these transcribed General and Payment Conditions.

The contract stipulated between Autori Capresi and the Customer must be considered concluded with the acceptance of the order by Autori Capresi. This acceptance is communicated to the Customer via an order confirmation email 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 delivery costs. The Customer will check the confirmation email and if he detects errors in the order he will have 12 hours from the receipt of this email to contact the Customer Service directly from the Site using the appropriate contact form accessible via the “Contacts” tab. After this deadline, the order will be processed for shipping and changes will no longer be accepted, without prejudice to the Customer’s rights referred to in article 7 below.

Once the order has been received, Autori Capresi will check the availability of the stocks for the fulfillment of the order. In the event that one or more Products are not available, Autori Capresi Customer Service will send timely communication via email to the Customer who, within the following 12 hours, will have the right to reply to confirm the shipment of any further available Products or cancel it. If there is no response within this period, the order will be considered confirmed and the available Products will be shipped.

If only a few Products are not in stock, Autori Capresi will process the order with the available Products. In both cases, the amount relating to the missing Products will be reversed immediately according to the chosen payment method.

3. Product information

The 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 themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in color and size. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.

4. Prices and shipments

Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.

Free shipping worldwide.

5. Methods of payment and billing

5.1 Payment methods

The Customer can pay the price of the Products and the related delivery costs by bank transfer.

• Bank transfer

The customer must make the transfer within 3 days from the date of the order. If this does not occur, the order will be cancelled and the goods made available again for purchase by other customers. The Customer who has not made the transfer can be contacted by the Customer Service in order to clarify whether the cause of the non-credit is due to the Customer’s will not to confirm the purchase or to other causes.

Transfer data: 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 in the reason for the transfer the date and the order number, which can be found in the confirmation email (eg “Order 01/01/17 n. 345”).

• Credit Card

The circuits on which it is possible to purchase on the Site are:

1. Visa / Visa Electron
2. Mastercard
3. 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 protected communication system of the reference credit institution, from the second expense, the Customer who wishes – by selecting the appropriate option – will be able to proceed with the purchase without re-entering your details. The reference credit institution uses the SSL protocol to encrypt the data transmitted between its server and the Client’s browser.

• PayPal

Once the order has been confirmed, the Customer will be redirected to the PayPal site where he can make the payment with his account or using a card, even prepaid, or in any case according to the methods accepted by Paypal and in compliance with the relevant conditions.

5.2 Invoicing of orders

If the purchase is made by a professional, it will be possible to request the issuance of the invoice by selecting the appropriate box during the order process and entering the billing information including the tax code and / or VAT number. In this case, the invoice will be sent by email to the indicated address. The professional is responsible for the correct insertion of the billing information and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.

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 holidays. Autori Capresi is not responsible for delays that are not foreseeable or not attributable to it.

Once the Products have been shipped, the Customer will receive a confirmation email which will include a link to refer to for tracking the shipment.

In any case, except in cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a term of 7 (seven) working days from the day following that in which Autori Capresi confirmed the order to the Customer by means of a specific email of order confirmation.

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, without prejudice to the cases of exclusion provided for in the following point IV. 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 he intends to exercise the withdrawal before having received the Products, the communication of withdrawal can be sent at any time before their receipt.

This communication must be sent by registered letter with return receipt, addressed to:

c.a. Returns and Refunds Office

Autori Capresi S.r.l.
Via Sopra La Croce, 21
80069 Vico Equense (NA)
Italia

Once the communication has been received, Autori Capresi’s Customer Service will proceed to open a return management file and to communicate the instructions on how to return 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 withdrawal only on part of the Product purchased.

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 notice of withdrawal was received, without prejudice to Autori Capresi’s right to suspend payment of the refund until the goods are actually received. The refund will be made using the same payment method used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery, the Customer will provide the bank details on which to obtain the refund (account holder, name and address of the Bank and IBAN).

III. Also in order to be able to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.

IV. In addition to the cases indicated in the Introduction (non-consumer customer and / or requesting the invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 d.lgs 21/2014:

– order of products made to measure or clearly personalized;

– order of Products that are liable to deteriorate or expire rapidly;

– order of sealed Products which are not suitable for return for hygiene or reasons

related to health protection or that have been opened after delivery.

8. Errors and limitations of liability

The information relating to the Products provided through the Site are constantly updated.

However, it is not possible to guarantee the complete absence of errors for which Autori Capresi cannot therefore 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 the information at any time without prior communication, without prejudice to the Customer’s rights pursuant to these General Conditions and the Consumer Code.

Except for willful misconduct or gross negligence, any Customer’s right to compensation for damages or the recognition of compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and / or things, caused by non-acceptance or evasion, even partial, of an order.

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 return receipt to the following address:

c.a. Complaints office

Autori Capresi S.r.l.
Via Sopra La Croce, 21
80069 Vico Equense (NA)
Italia

Autori Capresi undertakes to respond to all requests received within a maximum of 7 working days.

10. Applicable law and jurisdiction

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 within the meaning of the Consumer Code, the court of his municipality of residence or domicile if located in Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Naples, any other jurisdiction excluded.

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Pursuant to article 1341 of the Italian Civil Code the Customer declares to have read and specifically accepted the following articles of these General Conditions: 6 (responsibility for delays in delivery), 8 (right to correct errors – disclaimers).