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1. INTRODUCTION
This document ( the documents mentioned therein) contains the conditions governing the use of this website (https://camicettasnob.com/) and the purchase of the items contained therein (hereinafter the "Conditions").
Please carefully consult these Conditions, the Information on Cookies and the Information on the Protection of Personal Data (hereinafter the "Data Protection Policies") before using this website. We inform you that the use of this website or the transmission of an order through it, implies the acceptance of these Conditions and the Data Protection Policies, so if you do not agree with all the aforementioned Conditions and the Data Protection Policies, please do not use this website.
For any request, doubt or question relating to the Conditions and Data Protection Policies, you can contact us through the customer support channels indicated in the '' contact '' section of our website.
2. OUR DATA
The sale of products through this site is managed by SOTTOVENTO SRL with registered office in Via Walter Tobagi 5 - 42025 Cavriago (RE), Italy Tel. +39 0522 383573 Fax. +39 0522 366518 VAT number 01997660350 email address INFO@CAMICETTASNOB.COM, contact details are available in the "contacts" section.
3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by the user will be processed in accordance with the provisions of the Data Protection Policies. By using the website, you authorize us to process such information and personal data and declare that all information and / or data personal information provided to us are accurate and true.
4. USE OF OUR WEBSITE
By using this website and / or placing orders through it, you agree to:
(i) use the website only to carry out legally valid consultations or orders;
(ii) not to place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we will be authorized to cancel it and notify the competent authorities;
(iii) provide us with your e-mail address, postal address and / or other contact details in a truthful and correct manner. Likewise, you consent us to use this information to get in touch with you (if necessary, please read the Information on the Protection of Personal Data).
If you do not provide us with all the information we need, we will not be able to process your order.
By placing an order through this website, you warrant that you are of legal age (from 18 years of age) and that you have the legal right to enter into binding contracts.
5. AVAILABILITY OF THE SERVICE
The items offered through this website are available for delivery all over the world.
6. PROCEDURE FOR COMPLETING THE CONTRACT
The information and the details contained on this website do not constitute an offer to the public, but a mere invitation to formulate a contractual proposal. There will be no contract between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been charged, the amount charged will be returned to you in whole.
To place an order, you must follow the online purchase procedure and click on "Proceed with the order". Subsequently, you will receive an e-mail confirming the receipt of your order. It is understood that this constitutes an offer subjected to our approval,then you will be informed of the acceptance by receiving a confirmation e-mail. The purchase contract (the "Contract") will be concluded only when we send you this email.
Only the products indicated in the Order Confirmation will be the subject of the Contract. We will not have the obligation to supply you with any other product that has not been ordered until it is confirmed in the Order Confirmation.
7. AVAILABILITY OF PRODUCTS
All orders are subject to the availability of the products. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information relating to replacement products of equal or greater quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any amounts already paid by you.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and / or to delete or modify any material or content therein. Although we will always do our best to follow up on all orders, there may be exceptional circumstances that force us to refuse to process orders after sending the Order Confirmation, and we reserve the right to do so at any time.
We disclaim any liability to you or to third parties for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for failure to process your order after the Order Confirmation sending.
9. DELIVERY
Without prejudice to the provisions of article 7 above and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order for the product (s) indicated in the relative Order Confirmation by the date indicated in this Order Confirmation or, if no delivery date is specified, within the estimated deadline at the time of selecting the delivery method and, in any case, within the maximum term of 30 days from the date of the Order Confirmation.
However, delays may occur for various reasons such as product customization or the occurrence of unforeseen circumstances.
10. IMPOSSIBILITY of DELIVERY
If for any reason we are unable to meet the delivery terms, we will inform you and give you the options to continue the purchase by setting a new delivery date, or to cancel the order, with the consequent refund of the entire amount paid.
For the purposes referred to in these Conditions, the "delivery" will be deemed to have taken place or the order "delivered" by means of the acquisition, by you or a third party indicated by you, of the material availability or in any case of the control of the products, which will be proved by signing the order receipt at the agreed shipping address.
11. PASSING OF RISK AND OWNERSHIP OF THE PRODUCTS
The risks relating to the products will pass to you from the moment of their delivery.
You will acquire ownership of the products as soon as we have received full payment of all amounts due in relation to them, including shipping costs, or upon delivery (as defined in article 9 above), if this occurs at a later time.
12. PRICE AND PAYMENT
12.1. Price
The price of the products will be that indicated from time to time on our website, except where there is an obvious error. Even if we are committed to do everything in our power to ensure that all prices appearing on the site are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the right amount or to cancel it. If we are unable to contact you, the order will be canceled and the full amount paid will be refunded.
We will not be obliged to provide you with the product (s) at the lower price incorrectly indicated, if the error in the price was obvious and unequivocal and therefore if it was possible for you to reasonably identify it as incorrect.
The prices on the website include VAT, but exclude shipping costs, which are to be added to the total amount to be paid.
Prices are subject to change at any time; however (except where previously established) the possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have selected the items you intend to purchase, these items will be added to your cart and the next step will involve completing the order and paying. To this end, you must follow the purchase instructions, entering or verifying the information requested in each step of the purchase process, asking the invoice, if desired. Furthermore, you can change the details of your order at any time of the purchase process before payment.
12.2 Payment
You can pay using Visa, Mastercard, American Express, bank transfer and PayPal.
To reduce the risk of unauthorized access, your card details will be encrypted. Once we have received your order, we will pre-authorize your credit card to make sure you have sufficient funds to complete the transaction. Your card will be charged when you receive the order confirmation.
By clicking on "Authorize Payment" you will confirm that the credit card is your property.
Credit cards will be subject to verification and authorization by the issuer of the same, but if this entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to conclude any Contract with you.
If the chosen payment method is PayPal, the charge will be made when the order is confirmed.
By choosing to pay by bank transfer, once you’ve submitted your order, you will need to arrange a bank transfer to:
BENEFICIARY: Sottovento srl
BANK: Unicredit
IBAN CODE: IT.50.O.02008.12824.000105984292
Please, don't forget to write the number of your order in the bank transfer cause.
Sottovento srl is going to ship the order only after receiving the credit of the bank transfer. Banking practice provides that the transfer made will be credited to the beneficiary's current account no earlier than 3 working days from its execution, consequently these days must be added to the days elapsing between the date of placing the order and the date on which the customer arranges the bank transfer. After 5 working days from the date of acceptance of the order without Sottovento Srl having received the credit of the bank transfer, the same will cancel the order, after contacting the customer to request any additional information regarding the execution of the bank transfer.
12.3 Transport costs
If the goods are delivered in Italy (including major islands) you will not be charged any transport costs.
If the goods are delivered in one of the following city, the cost that you will be charged for transport is € 15,00 : Alicudi (ME), Asinara (SS), Capraia (PI), Caprera (OT), Capri (NA), Elba (PI), Filicudi (ME), Giglio (GR), Gorgona (PI), Ischia (NA), Isole Egadi (TP), Isole Tremiti (FG), La Maddalena (OT), Linosa (AG), Lipari (ME), Panarea (ME), Pantelleria (TP), Pianosa (Pi), Procida (NA), Salina (ME), San Pietro (Carloforte) (CA), Stromboli (ME), Ustica (PA), Vulcano (ME). In this cases, you won’t be charged for any transport costs if the amount of your order is over € 300,00.
If the goods are delivered outside Italy but within the countries belonging to the European Union, the cost that you will be charged for transport is € 15.00, but it will be free if your order is over € 300,00.
If the goods are delivered to a place other than the previous ones, you will be charged a cost of € 30,00 but it will be free if your order is over € 300,00.
If the goods are delivered to extracontinental states, you will be charged a cost of € 50,00.
13. PURCHASE AS A GUEST
Customers don’t have the possibility to buy on our site without registering.
14. VAT (VALUE ADDED TAX)
In accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT).
15. RETURNS POLICY
15.1 Right of withdrawal by law
Right of withdrawal
If you are contracting as a consumer, you will have the right to withdraw from the contract within a period of 14 days without giving any reasons.
The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you are required to inform us by filling the form on our website www.camicettasnob.com, in the dedicated section of your profile, or by sending an e-mail to ordini@camicettasnob.com, informing us of your decision to withdraw from the Contract.
To meet the withdrawal deadline, it is sufficient for you to send the communication relating to the exercise of the right of withdrawal before the deadline.
Effects of withdrawal
If you withdraw from the Agreement, you will be reimbursed for all payments you have made to us, without undue delay and in any case no later than 14 days from the day we are informed of your decision to withdraw from the Agreement. These refunds will be made using the same payment method you used for the initial transaction. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
Please return the goods or deliver them to us at our office without undue delay and, in any case, within 14 days from the day on which you notified us of your withdrawal from the Contract. The deadline is met if you send back the goods before the 14-day period has expired.
The direct costs of returning the goods will be at your expense.
Your right of withdrawal from the Contract will be applied exclusively to those products returned in the same conditions in which you received them. We remind you that in the event of a return, you are responsible for the content of the package being returned. No refund will be made, regardless of the return options you have chosen, if: i) the package received contains an incorrect item and / or different from the product ordered or to be returned, ii) the product has been used in addition to the simple opening and ii) the products are not in the same condition in which they were delivered or if they have been damaged: We therefore invite you to pay attention in the return operations and to take care of the products as long as they are in your availability and possession. Please return the item using or including in the package the original packaging, instructions and other documents, if any, that accompany the products.
He will have to return the product in the wrapper and package in which he received it. The return costs and the risks associated with the transport you have chosen will be at your expense without any responsibility or obligation in this regard on the part of our company.
After evaluating the conditions of the article, we will inform you if you are entitled to a refund of the amount paid. The refund will be made as soon as possible and in any case within 14 days from the date on which you made known your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until receipt of the goods or until you have demonstrated that you have returned the goods, whichever is earlier. The refund will always be made using the payment method used to make the purchase.
You will be responsible for the costs and risks of returning the products, as indicated above.
15.4 Return of defective or non-compliant products
In the event that you believe that at the time of delivery the product does not comply with the provisions of the Contract, you must immediately contact us by calling 0522 383573 or through our customer assistance channels indicated on our web page, indicating the product data as well as the damage suffered, and we will notify you of the procedure to be followed.
To allow us to check the item, you must return it. We will proceed to carefully examine the returned product and will notify you within a reasonable time of the outcome of the checks carried out on the asset.
In the event of a lack of conformity of the goods, we will offer you the replacement of the product or a refund (depending on the case), unless otherwise requested by you, provided that it is objectively possible and / or not excessively burdensome for us under the applicable legislation.
The reimbursement of the sums or the replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we confirmed that we will proceed with the refund or replacement of the unsuitable item, at no cost to you.
The amount paid for the products that will be returned due to damage or defect, if they really exist, will be reimbursed in full, including the delivery costs incurred for sending the item and for returning it by you. The refund will be made using the payment method used to make the purchase, unless otherwise agreed.
All rights recognized to consumers by current legislation remain unaffected.
16. FIRST PRODUCT CHANGE
Our company offers the possibility to carry out n. 1 free exchange of purchased goods.
You can change your purchase with a product of the same type (of the desired size or color) or change the type of product.
In case the price of the two products is different, a debit / credit will be made using the same method used for the purchase of the first product.
17. LEGAL WARRANTY
The products sold through this website are supported by the mandatory legal guarantee provided by law in favor of consumers, to cover any lack of conformity existing at the time of delivery of the goods.
The legal guarantee covers any lack of conformity of the goods that may occur within two years from its delivery, provided that they are reported within two months of the discovery of the lack of conformity.
Pursuant to applicable law, there is a lack of conformity if the product you have purchased (i) does not conform to the description provided and does not possess the qualities presented on this website; (ii) is not suitable for the use for which the products are normally intended; (iii) it does not have the qualities and characteristics of a product of the same type and which can reasonably be expected, taking into account the nature of the asset and, if applicable, the specific characteristics presented. Within the limits established by law, we exclude all additional and derogable guarantees, except for those that cannot be legitimately excluded in relation to consumers and users.
In case of lack of conformity, you have the right to restore the conformity of the goods, at no cost to you.
If you believe that one or more of the purchased products show any lack of conformity, please contact us at the references indicated on our website.
18. LIABILITY AND EXEMPTION FROM LIABILITY
Except where otherwise provided in these Conditions, our liability for the products purchased on our website will be limited exclusively to the purchase price of the product in question.
Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:
1. Cases of death or personal damage resulting from our negligence;
2. Cases of fraud or fraudulent activity;
3. Any circumstance in which it is illegal or unlawful on our part to exclude, limit or try to limit or exclude our liability.
Without prejudice to the provisions of the previous paragraph and to the extent permitted by current legislation, and except where otherwise provided for in these Conditions, we will not accept any liability for indirect damages, such as:
i. the loss of profit;
ii. loss of business volume;
iii. loss of profit or loss of contracts;
iv. loss of anticipated savings;
v. data loss;
vi. waste of office administration time.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless expressly stated otherwise.
These provisions do not in any way limit the rights recognized to consumers by current legislation.
19. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights on the materials or content presented as an integral part of the website are our property and those who have licensed us for their use. You may use such material only in the manner for which you will receive express authorization from us or from those who have granted us a license for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
20. VIRUSES, PIRACY AND OTHER RISKS OF A CYBER ATTACK
You must avoid any improper use of this site as well as avoid the introduction of viruses, Troyan horses, worms, logic bombs or other programs or materials that may cause technological damage. Without authorization, you will not have to access the website or the server on which it is hosted or other servers, computers or databases relating to our website. It undertakes not to perpetrate DoS attacks against this website.
Failure to comply with this clause could lead to violations defined by the relevant legislation. In case of non-compliance with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify the perpetrators of the attack. Similarly, in the event of non-compliance with this Article, your authorization to use the website will be immediately withdrawn.
Within the maximum limits permitted by current legislation and in compliance with the fundamental rights of consumers, we decline any responsibility in the event of any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer, IT equipment, data or materials as a result of using our website or downloading content from it or redirecting the user to it.
21. LINKS FROM OUR WEBSITE
If our site contains links to other pages or materials of third parties, these links will be provided for information only, without our control over the content or materials contained in such pages or sites. Therefore, we decline all responsibility in the event of any damage or loss resulting from their use.
22. WRITTEN COMMUNICATIONS
The applicable legislation provides that part of the information or communications that we will send you are in written form. By using this website, you agree that most of the communications exchanged with us are in electronic format. We will contact you by e-mail, or by providing you with information by preparing appropriate notices on this website. For contractual purposes, you consent to this electronic means of communication acknowledging that all contracts, notices, information and other communications that we will provide you electronically will comply with the legal requirement that such communications be in written form. This provision does not in any way limit the rights recognized by current legislation.
23. NOTIFICATIONS
All communications addressed to us must preferably be sent through the customer support channels indicated in the '' contact 'section of our website. Except as specified in Article 22, we reserve the right to send you any communications by e-mail or by post to the address provided to us at the time of placing the order.
Communications will be considered as received and adequately notified respectively when posted on our website, 24 hours after sending an e-mail, or three days after the date of shipment. To prove the notification of a communication, it will be sufficient to demonstrate, in the case of a letter, that it has been correctly addressed, stamped and delivered to the postal service and, in the case of an e-mail, that it has been sent to the address and recipient's email.
24. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Agreement between you and us is binding on both you and us, as well as our respective successors and successors in title. You are prohibited from transferring or assigning the Agreement or any of the rights or obligations arising therefrom in any way, without our prior written consent. We will have the right to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, subcontracting or other provision of the Agreement will have no impact on your rights as a consumer or will cease, reduce or limit any of the guarantees or liability offered by us, explicitly or implicitly.
25. FORCE MAJEURE
We will not be liable in any way for non-fulfillment or delays in the execution of any of the obligations under the Contract caused by events that are beyond our reasonable control ("Force Majeure Events").
For Force Majeure Events we mean any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes by way of example but is not limited to what is specified below:
1. Strikes, lockouts or other trade union unrest.
2. Riots, riots, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war.
3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or maritime, postal or other relevant means of transport accident.
It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the Force Majeure Events. We will be granted an extension for the execution of the Contract equal to the duration of this period. It is understood that, despite pending Force Majeure Events, we will strive to find a solution by which to comply with our contractual obligations.
26. WAIVER
If we fail, during the execution of the Contract, to demand the exact fulfillment of any of your obligations, or any of the obligations provided for in these General Conditions, or if we fail to exercise any of the rights or actions to which we are entitled pursuant to the Agreement or these General Conditions, this will not constitute a waiver of such rights or actions and will not release you from the fulfillment of the related obligations.
Our possible tolerance in the face of your non-fulfillment will not constitute any waiver to react in the face of a subsequent non-fulfillment.
No waiver on your part with respect to any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing, in accordance with the provisions of the previous articles 22 and 23.
27. PARTIAL NULLITY
If any article of the General Conditions, or part of it, or any of the provisions of the Contract, should be judged invalid, illegal or unenforceable by the competent authority, this article, clause or provision will be considered as not affixed while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
28. INTEGRITY OF THE CONTRACT
These General Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us regarding the subject of the Agreement and replace any previous agreement, understanding or pact between us, whether oral or written.
Both you and we acknowledge that, in entering into the Agreement, neither you nor we have relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during the negotiations preceding the Agreement, but only on what expressly stated in these Conditions.
Both you and we will have the right to remedy any false statements made by the other party, either orally or in writing, prior to the date of each Contract (unless such false statement has been made maliciously) and the only actions that the the other party may undertake only for breach of the Agreement, as provided for in these Conditions.
29. RIGHT TO MODIFY THESE CONDITIONS
We reserve the right to revise and change these Terms at any time.
You will be subject to the General Conditions in force at the time of the order, unless a modification of the General Conditions or Data Protection Policies must be made by law or at the request of a government authority (in which case also for orders already sent to us).
30. APPLICABLE LAW AND JURISDICTION
The use of our website and the contracts for the purchase of products through this website are governed by Italian law. For any dispute arising from or relating to the use of the website or such contracts, in the event of legal action, the Judge of the place of residence or domicile of the consumer will be competent.
If you are entering into the Agreement as a consumer, this clause in no way affects the rights that the law recognizes you as a consumer.
For any comments, suggestions, requests for information or complaints, please contact us using the customer support channels indicated on our website.
Our customer service will handle the requests and complaints received as soon as possible and, in any case, in compliance with the legally established terms.
If, as a consumer, you believe that your rights have been infringed, you can address your complaints to us via the email address info@camicettasnob.com in order to solicit an out-of-court settlement of disputes.
In accordance with EU Regulation Nº 524/2013 we inform you that you have the right to request an out-of-court resolution of disputes relating to orders placed through this website through the European platform ODR (Online Dispute Resolution) http://ec.europa.eu/consumers/odr made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals.
Last update 19.09.2022