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Term and Condition

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1 – General informations

1.1. These General Conditions apply to all transactions concluded through the site of our company.

1.2. These General Conditions apply to the customer as a “consumer” as defined by art. 3, I comma lett. a) of the Consumer Code (hereinafter the “Customer”).

1.3. Our company reserves the right to make changes to the site and the General Conditions at any time. The General Conditions in force will be applied when the Customer orders the Products and Services from our Company, unless changes are required by law, which in this case may also apply to orders previously sent.

1.4. Should any condition of these General Conditions be invalid, void, ineffective or for any reason unenforceable, this will not result in the invalidity, invalidity, ineffectiveness or inapplicability of the others.

1.5. The Products and Services are sold by CAPO12 SP.ZO.O., with registered office in Aleja Pokoju 4 lok.2, 42-207 Częstochowa (Polska), NIP: PL5732855548 – VAT: IT00210529996; Company registration number: 362069511, e-mail: info@capo12.com

1.6. To make purchases on the site of our company must be of age. When placing orders on behalf of third parties, it is the responsibility of the purchaser to ensure that the third party is of age and able to use the Products and Services.

2 – Purchase order, availability and acceptance

2.1. To execute the purchase order, the Customer must access the site www.capo12.com, proceed with the selection of the Products and the relative payment. The Customer can make the purchase by registering his profile in the portal. Registration allows the Customer to use the login credentials (username and password), chosen during the initial registration, to make subsequent purchases on the site.

2.2. By using the site, the Customer is responsible for keeping his client profile confidential and confidential, with its username and password, limiting access to his computer. Within the limits of what is permitted by law, the Customer is responsible for every activity carried out through this customer profile. The Customer is obliged to immediately inform our Company if he believes that the password has become known to others or if it has been used without authorization.

2.3. The Customer is responsible for the correctness and completeness of the data provided to our Company and to inform them of any change in their customer profile, updating the same in the appropriate area of the site.
Our Company reserves the right to cancel the Client’s profile or to remove or modify its contents if it is contrary to or in violation of the law, these General Conditions or other general conditions or guidelines of our Company.

2.4. It is understood that by sending an order through the site, the Customer proposes to our Company to purchase Products and Services subject to these General Conditions. This irrevocable proposal must not be considered accepted by sending our first reply e-mail, which is a mere confirmation of receipt of the order. Our company will accept the proposal of the customer, and the agreement will therefore be concluded, only at the time of shipping the Products and sending the e-mail confirmation of shipment.

2.5. All orders are subject to availability and confirmation of the purchase price and quantities. The delivery times indicated may vary and are still subject to delays due to logistics operators or due to force majeure, for which our Company can not be held responsible.

3 – Prices and payments

3.1. The prices of the Products and Services declared on the site in the relevant product sheet are in Euro and do not include transportation which, unless expressly indicated, is the responsibility of the Customer.

3.2. The price of the Products and Services indicated at the time of the order check, and then reported in the confirmation of receipt of the same, will instead be the total sum of the Products and Services, and therefore include any tax, fee and contribution, as well as shipment, delivery or postage and any other cost, at the date of shipment.

3.3. Although our company tries to ensure that the descriptions, details and prices of all the products shown on the site are accurate, errors can still occur. If our company detects errors in the price of Products and Services, as soon as possible and in any case before shipment of the Products themselves will give the Customer the option to confirm their purchase order at the correct price or to cancel the same. If our company is not able to contact the customer, the order will be canceled and will be given appropriate communication to the customer.

3.4. Our Company may from time to time offer discount coupon codes to be applied to certain purchases of Products made through the site. Any ad hoc purchase conditions may be communicated and applied to customers at the specific time.

3.5. To purchase Products and Services from our Company, the Customer must be the authorized holder of a valid credit or debit card, among those indicated on the site and ensure that there is sufficient funding to cover the cost of the Products and Services. Our company reserves the right to reject any order issued by the Customer once verified the data provided that must be correct and accurate.

3.6. Upon receipt of the purchase order, our Company carries out in any case a standard check of prior authorization on the payment card used. The Products will not be shipped until this check has been successfully completed. The card will be debited only upon acceptance of the order.

3.7. For each order processed, our company will issue an invoice with the data that the customer has provided during the purchase procedure, which can be sent to the customer by our company with an email following the one that confirms the shipment of the Products. The customer can also request a copy of the invoice by sending an email to assistenza@capo12.com.

4 – Shipping and delivery method

4.1. The address indicated by the Customer and confirmed by our Company by e-mail is considered the place of delivery of the Products.

4.2. If you wish to order Products to be delivered to different locations, the Customer will send separate orders for the same number of addresses.

4.3. The type of delivery, average times and relative prices, offered by our company are indicated in the appropriate section of the site. The delivery term should not be considered essential and any delivery or delivery date indicated should be considered merely indicative and not peremptory. Our Company reserves the right to extend the delivery terms for reasonable periods if events occur beyond the reasonable control of the same.

4.4. If a product ordered was no longer in stock at the time of order and was incorrectly indicated as available on the site, this could result in a delay in the order or cancellation of the same immediately communicated to the customer.

4.5. In case of delay in delivery of the Product, our courier will contact the Customer in order to agree on a new delivery date. If the Customer is not willing to accept the further waiting, he / she can cancel the order and obtain the reimbursement of the amount already paid within 14 (fourteen) days from the day when he / she communicates this choice to our Company. In this case, no damage deriving from the missed or late delivery of the Products will be imputable to our Company.

4.6. Upon delivery of the Products by the courier, the Customer is required to check that the number of packages received matches the number indicated on the transport document and that the packaging is not damaged, tampered with or wet. Any damage to packaging and / or Products must be immediately notified to the courier and communicated to our Company immediately to the following email address assistenza@capo12.com.

5 – Right of withdrawal

5.1. The Customer has the right to withdraw from the contract, without stating the reasons, within 14 (fourteen) days from the date of delivery of the Products, returning the same to the address communicated following acceptance of the request for withdrawal by our company, according to the “Information relating to the exercise of the right of withdrawal”.

5.2. The Customer must make the unused Products and in the original conditions and packaging, according to the return instructions of our Company, together with the warranties, the instruction manuals, the accessories and everything received in support of the Products, including good discounts or gifts. The Customer can contact our Customer Service at our email: assistenza@capo12.com.

6 – Warranty

6.1. The Customer must check the Product immediately upon delivery of the same to verify its functionality and any visible defects, informing in this case immediately our Company.

6.2. To make use of the warranty conditions that accompany the Products, the Customer must contact our Customer Service department at our e-mail address: assistenza@capo12.com and give proof of the purchase, communicating the code relating to the purchase order. The Customer Service will provide all the information on how to grant the guarantee.

6.3. In case of lack of conformity of the Product, the Customer will have the right to the restoration, without expenses, of the conformity of the Product itself through repair or replacement of the same pursuant to art. 128 and ss. of the Consumer Code. This right will be exercisable only if the defect occurs within the period of 2 (two) years from the online purchase of the Product and is reported to our Company within 2 (two) months of discovery. To this end, the Customer must keep the fiscal document and / or the delivery receipt of the Product, which must attach to the request for repair or replacement under warranty. In the absence of such documentation or other documentation suitable to prove the delivery of the Product, the term of 2 (two) years mentioned above will be calculated from the day of the online purchase of the same.

6.4. The Customer shall not be entitled to repair or replace the Product or a component identified as defective, and to return the relative shipping costs, unless otherwise provided and in accordance with applicable law:
a) the Product has been repaired or altered by persons other than the manufacturer or any other authorized person; and / or
b) the defect of conformity of the Product is manifested beyond the term of two (2) years from the delivery of the same and / or the relative request for repair or replacement of the defective Product, carried out in accordance with the provisions of the previous paragraph, has been sent after two (2) months from the discovery of the defect; and / or
c) defects are due (in whole or in part) to misuse, improper use or storage or maintenance or installation, or failure to comply with the instructions provided by the manufacturer together with the Product.
Furthermore, pursuant to art. 130 of the Consumer Code, the Customer can ask to repair the good or replace it, without expenses in both cases, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other. For these purposes, one of the two remedies is considered excessively burdensome if it imposes unreasonable expenses on our company as seller, taking into account:
(i) of the value that the Product would have if there was no lack of conformity;
(ii) the extent of the lack of conformity;
(iii) of the eventuality that the alternative remedy can be experienced without significant inconveniences for the Customer.

6.5. Repairs or replacements will be made within a reasonable period of the request and will not cause significant inconvenience to the Customer, taking into account the nature of the Product and the purpose for which it was purchased.
The Customer may also request a reasonable price reduction or termination of the contract if one of the following situations occurs:
a) repair and replacement are impossible or excessively burdensome;
b) no repair or replacement of the Product has been made within a reasonable time;
c) the replacement or repair previously carried out has caused considerable inconvenience to the Customer.
In determining the amount of the reduction or the sum to be refunded, the use of the Product will be taken into account.

 

7 – Limitation of liability

7.1. Our company will do its best to ensure uninterrupted and error-free service availability. Nevertheless, the very nature of web services may give rise to interruptions due to technical reasons or restrictions that may occur, including in relation to repairs, maintenance or the introduction of new services. Our Company will limit as much as possible the number and duration of such suspensions or restrictions.

7.2. Our Company will not be liable for any delay or non-fulfillment that originates from causes beyond its reasonable control, and in any case for damages not caused by non-compliance of our Company, or for economic losses (including as a result of lost profit, contracts, early savings, data, goodwill, etc.), or for any indirect or consequential damage that can not be foreseen by any party at the time of conclusion of the contract for the sale of the Products.

7.3. These General Conditions do not limit the right of the Customer to receive the Products and Services within a reasonable time, nor to receive a refund if the Products and Services ordered can not be delivered within such reasonable time for reasons beyond the control of our Company .

7.4. The responsibility of our Company towards a customer who is not a consumer will be limited to the purchase price of the Products and Services. Our company will never be responsible for indirect damage.

7.5. In any case, the liability of our Company will not be limited beyond the legal limit. Nothing in these conditions will limit or exclude the liability of our Company for willful misconduct or gross negligence.

8 – Applicable Law and Disputes

8.1. Our company intends to resolve any dispute quickly and effectively. The customer can still protect his own reasons.

8.2. The European Commission provides a platform for online dispute resolution, which can be accessed via this link: http://ec.europa.eu/consumers/odr/. If the Customer wishes to submit a question to the attention of our Company, he can do it at the following address:

CAPO12 SP.ZO.O.
Aleja Pokoju 4 lok.2, 42-207 Częstochowa (Polska)