1. Customers
The conclusion of orders on the Website is allowed only for individuals who have legal capacity to enter into binding agreements in accordance with applicable law and act for purposes unrelated to any entrepreneurial or professional activities they may conduct ("Customers"). If required, Customers must provide their name, surname, date of birth, email address, product delivery address, tax code, and other personal information.
These details must be true, accurate, and consistently updated.
Users cannot place orders on the Website using the name or credentials of another individual unless expressly authorized. The purchase of products for resale purposes is prohibited.
2. Order Acceptance - Sales Contract
Following the electronic submission of an order, the Customer will receive a specific email confirming the receipt of the order. This communication serves to inform the Customer that the order has been received and provides them with the unique order identification code. It does not imply the acceptance of the order by the Seller. If any data in the email is incorrect, the Customer must promptly notify the customer service of the Seller ("Customer Service") through the link included in the order receipt confirmation. The acceptance of the order by the Seller will only occur when the Seller sends the Customer the order acceptance confirmation ("Order Confirmation"), typically at the same time as the product shipment.
The respective contract is considered perfected upon the Customer's receipt of the Order Confirmation. Before that, the Seller reserves the right not to accept an order if deemed appropriate. In particular, the Seller will not be responsible in any way if a product ordered is removed from the Website after the corresponding order has been dispatched. This can happen if the Website mistakenly displays products that are not currently available. In the case of partial unavailability of the order, the Customer Service will contact the Customer to verify whether the customer wishes to (I) receive a partial order, (II) receive the complete order in multiple shipments, or (III) cancel the order. In the case of total unavailability of the order, the Customer Service will inform the Customer that the order cannot be processed and will cancel the respective order. In this case, no charges will be made to the Customer.
3. Payments
Orders can be made using major credit cards, debit cards, or other payment methods made available on the Website (collectively, "Payment Methods"). The Seller will charge the purchase price, as defined below ("Price"), upon order acceptance. However, security checks may be performed on the Payment Method chosen by the Customer for the order, such as pre-authorization or pre-debit for precautionary purposes, before order acceptance. The Seller uses a primary payment gateway to authorize order payments ("Payment Gateway"); therefore, the Seller does not directly manage any financial information related to the Payment Method used by the Customer, nor does the Website process any financial information provided to complete the order. The Payment Gateway protects the sensitive details of the credit or debit card used by encrypting the information to ensure secure transmission. The Website adopts Secure Socket Layer (SSL) technology to ensure a higher standard of security for each order.
In the unlikely event of an error, negligence, or misconduct related to the management of the transaction associated with an order by the Payment Gateway and payment intermediation systems, neither the Seller nor the Website shall be held responsible for such error, negligence, or misconduct. The Seller reserves the right to cancel a transaction and annul the corresponding order if fraudulent use of the Payment Method adopted for the order is reported. Additionally, the Seller will not be liable in the event of any illicit use of a Payment Method by third parties not attributable to its error or negligence.
4. Shipments and Deliveries
Della Rovere ships and delivers orders using major couriers. The Seller undertakes to deliver orders to customers accurately and promptly, respecting the delivery times indicated on the Website during the purchase process. In certain circumstances, such as sales periods or business closures, delivery times may vary. The Seller will not be held responsible for delays in delivery that are not attributable to its fault or negligence. Therefore, the Seller will be exempt from liability for delays due to force majeure, strikes, natural disasters, events related to customs procedures, and any other circumstance beyond its control.
The Order Confirmation includes the tracking number with which the Customer can monitor the shipping and delivery process of the products on the courier's website. The Customer is encouraged to do their best to facilitate the delivery of the order, making themselves available for receipt or delegating it to third parties.
The courier will make an initial attempt to deliver the order to the address provided by the Customer. If the delivery is unsuccessful, the courier will inform the Customer of the attempted delivery and attempt to arrange further delivery of the order with the Customer. In the event that the courier is ultimately unable to deliver the order, the Customer Service will contact the Customer to verify their interest in a new shipment.
Additionally, to offer more flexibility to the Customer, during the purchase process, it is possible to select a more convenient BRT pick-up point, where the Customer can personally go to pick up the package. This option can be chosen during the checkout process on the Website.
At the time of delivery, the Customer must verify the accuracy of the number of packages and the integrity of the outer packaging. In case the Customer notices anomalies in the delivery, such as discrepancies in the number of packages or damage to the outer packaging, the Customer must sign the delivery document with a reservation and contact Customer Service. Failure to do so will prevent the Customer from subsequently raising any objections regarding the delivery, except as provided in the subsequent art. 8 regarding hidden defects and in compliance with consumer protection laws. The Customer can contact Customer Service in the "Contacts" section of the Website.
5. Prices
All prices published on the Website include VAT ("Prices"). Regarding the shipping costs of orders ("Shipping Costs"), the following rates apply:
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Italy: Free shipping.
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Europe: Free shipping for purchases over €200. For purchases under €200, the shipping cost is €10.
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Non-EU: Free shipping for purchases over $300. For purchases under $300, the shipping cost is $25.
The amount of shipping costs (if applicable), inclusive of VAT, will be visible in the order summary during the checkout process and will be included in the Order Confirmation sent to the Customer following the acceptance of the order. Any changes to the prices of products that occur will take effect from the date of publication of the new prices on the Website, without retroactive effect on orders already accepted with the sending of the Order Confirmation. Except in the case of a recognizable error under art. 1431 c.c., the Seller reserves the right not to accept an order due to the inaccuracy of the price published on the Website or indicated in the email sent to confirm the receipt of the order, i.e., before its acceptance by the Seller.
6. Legal Warranty
Without prejudice to what is provided in the previous art. 4, the Seller assumes responsibility for any original defects in the products. The Seller guarantees to the Customer that the products sold are not defective and that they conform to the Contract, i.e., in particular, that the products:
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comply with the description provided on the Website and possess the qualities of the products that Della Rovere has presented to the Customer as a sample or model;
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are suitable for the purpose for which products of the same kind are normally used;
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possess the usual quality and performance of a product of the same kind that the Customer can reasonably expect, given the nature of the product.
For technological reasons, neither Della Rovere nor the Website can guarantee that the display of colors on the screen will always be accurate. Marginal differences between the description of the product on the Website and the actual features of the product will not be considered a cause of non-conformity of the product for the purposes of this Contract. The warranty of conformity of the products sold on the Website lasts for a period of 2 (two) years from the date of receipt of the products by the Customer. The sale of products is subject to the rules set forth in articles 129, 130, and 132 of the Consumer Code.
In the event that a non-conforming product is delivered, the Customer may request the restoration, at no cost, of the conformity of the products through repair or replacement. If this is not possible, the Customer will be entitled to a corresponding reduction in the purchase price or a refund of the purchase price and (if incurred) the shipping costs. The Customer will notify Della Rovere of any possible lack of conformity of the products within a period of 2 (two) months from the date on which they discovered the lack of conformity by completing the form on the website. After receiving the notification from the Customer, the Seller will contact the Customer to agree directly with them on the methods of product retrieval. The mere receipt of the products by the Seller after the activation of this procedure does not imply, in any way, the recognition of a lack of conformity of the products, as a thorough verification by the Seller is necessary. The action aimed at asserting hidden defects is prescribed, in any case, within the term of twenty-six months from the delivery of the product.
7. Replacement and Return of Products - Right of Withdrawal
Within 30 (thirty) days from the date of receipt of the order, the Customer has the right to:
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request the replacement of a product with a unit of the same product in a different color or size; or
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request the return of a product, without any penalty and without having to provide any reason.
If the Customer decides to request the replacement of the products or the return, they must contact Customer Service through the electronic form ( "Contacts" section) or send an email to info@cainsmoore.it. For more detailed information, please consult the "Returns and Exchanges" section on the Website. If the Customer chooses to contact Customer Service for Returns, they must kindly specify the unique order identification code included in the Order Confirmation. The Seller may, however, deny the Customer's request for the replacement or return of products under the following conditions:
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More than 30 (thirty) days have passed since the date of receipt of the order.
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Products from which the security seal has been removed or cut; and/or
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Products that appear used, incomplete (especially in the case of missing parts or accessories), washed, damaged, worn, or dirty.
The Customer will be considered solely responsible for any decrease in the value of the products resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the products. Once the requirements for the replacement of the product or return are verified, the Seller will inform the Customer of the acceptance of the request and proceed with the replacement of the product or, in the case of a return, the refund of the purchase price and any shipping costs incurred by the Customer ("Refund"). Provided that the Customer has correctly followed this procedure, the shipping costs for Returns will be entirely borne by the Seller. The Seller undertakes to carry out the refund procedure described above within 14 (fourteen) days from the date of receipt of the returned products. The refund will be made through the same payment method used by the Customer for the order.
In the event that the Customer has returned the products in the absence of the declared prerequisites, Della Rovere cannot recognize any right of withdrawal. In this case, the Seller will return the product to the Customer, subject to the availability of the product for return, reserving the right to charge subsequent shipping costs to the Customer. After multiple withdrawals and returns by a Customer, the Seller may decide whether to accept or reject an order from the same Customer. Customers must ship the products for return from the same country in which the products were delivered.
8. Applicable Law and Disputes
These General Terms of Sale and the contracts governed by them are governed by Italian law. All disputes related to these General Terms of Sale and the contracts governed by them will be heard by the competent court in the place of residence or domicile of the Customer according to the applicable law or, at the Customer's choice, by the Court of Milan. The possibility of promoting out-of-court resolution of disputes is reserved, as provided for by articles 66 and 141 of the Consumer Code.
9. Communications or Complaints
For any communication, information, or complaint regarding an order and these General Terms of Sale, the Customer may contact Customer Service by emailing info@cainsmoore.it.
10. Miscellaneous
In this Contract, the singular form includes the plural and vice versa, depending on the context. No act of waiver by Della Rovere to exercise remedies for a breach of this Contract implies a waiver with respect to previous or subsequent breaches of any provision included in the Contract. If a provision of this Contract is deemed unlawful, void, or ineffective for any reason, that provision will be deemed severable from the other provisions of this Contract and will not in any way affect the validity and effectiveness of the remaining provisions of the Contract.
These General Terms of Sale are subject to copyright; unauthorized reproduction, even partial, is therefore prohibited.