Terms and conditions of the service

TERMS AND CONDITIONS OF THE SERVICE

Manifatture Toscane S.r.l., based in Via Luigi Galvani, 15, 51100 Pistoia (PT), VAT number: 01922570476, email: amministrazione@manifatturetoscane.it, is the owner and manager of the website https://capalbio.store, where it offers a platform and -commerce for the sale of clothing;By using the Site, the User accepts the following terms and conditions and undertakes to comply with them; the Conditions may be subject to changes and / or updates; it is therefore the User's responsibility to view the Conditions at each access to the Site.

1.1. These general conditions of sale apply to purchases made through the website https://capalbio.store by Users and / or Buyers.

1.2. The Consumer Code means the Legislative Decree 6 September 2005, n. 206 (Consumer Code) and subsequent amendments and additions;

1.3. The Contract or Contract of Sale is the purchase and sale contract concerning the movable property on the e-commerce portal that is concluded between the Seller and the User as part of a sales system through telematic tools, organized by the Seller;

1.4. By Parties we mean the Seller and the User;

1.5. By Portal or Platform or Website we mean the website https://capalbio.store, managed by the Seller, through which the online purchase contract is finalized.

General Provisions

1. These General Conditions of Online Sale regulate the commercial relations between the Seller and the User and constitute an integral and substantial part of the contract for the sale of movable goods that will be concluded;

2. The User is aware that the General Conditions of Sale that are published on this Portal may vary: for this reason each purchase is subject to and governed exclusively by the General Conditions of Sale in force on the date of completion of the contract.

3. The Parties, in compliance with the mandatory provisions of law, agree that if some provisions of these general conditions of sale are declared null or void, this fact will not affect the validity and effectiveness of the other provisions which will remain fully valid. and effective.

Pre-contractual information to the Consumer

1. The pre-contractual information for the Consumer is provided before the Consumer is bound by any online remote sales contract. In particular, the information required by art. 49 legislative decree 21 February 2014, n. 21 are provided on the pages of the website https://capalbio.store and can always be consulted by clicking on the "Conditions of Sale" link on the Portal.

Object of the online sales contract

1. The subject of the online sales contract is any movable material present on the Portal that the Seller offers for sale and that the User intends to purchase, through interaction with the aforementioned Platform, ie remotely via telematic tools;

2. The goods that can be purchased through the procedure in question are only those that can be viewed on the pages of the Portal. The items can be viewed and purchased even without prior registration on the platform;

3. The products that can be purchased are included in the site divided by category: the User can search for the product by clicking on the search icon or by selecting the various buttons in the menu located within the site, corresponding to the various categories: by selecting a category the User can view the various articles in the chosen category;

4. For each item inserted in the Portal there is a product sheet which shows: product title, representative images, availability, possible score / rating, expected delivery date as well as a complete technical sheet and a description of the main characteristics of the product. These indications will then be summarized when the User, by clicking on the "cart - go to cart" icon, displays the "contents of the cart" and the products included therein: by clicking on each individual product, the User can access the tab again complete product of the article itself before making any purchase;

5. The User is aware that all the information provided on the Portal and in particular the images on the product sheet are of a general nature and are made available for information purposes only, to allow the identification of the article: any images or colors of the products offered for sale could have different effects on the real vision of the property. Any such dissonances may be related to the effects of the browser

Internet, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use, etc. etc.);

6. The Seller does not sell second-hand products, irregular products or products of lower quality than the corresponding standards offered by the market;

Corresponding

1. The prices of the goods that can be purchased are indicated analytically on the site and can be viewed by the User both in the mini-icon representing the item (on the home page or in the summary window of all the items in the category - type selected) and in the complete product sheet . All sales prices of the products displayed and indicated on the Site are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Civil Code;

2. The prices indicated for each of the goods are valid until the online modification date. The Seller reserves the right to change its prices at any time, by changing the price of the item both in the mini-icon representing the item and in the relevant product sheet. The current price will be displayed by the User by browsing the Portal. The products remain the property of the Seller until the total settlement of the amount due;

3. The sales prices are indicated for the single product and include VAT and taxes but do not include the costs for the delivery of the goods which must be calculated separately. The User can view the amount of the shipping costs after adding the product to the cart, in the "cart contents" mask: under the summary of the items included in the cart, the User can view the type and cost of the shipping.

4. All information regarding delivery methods, times and costs can always be viewed by the User in the "cart contents" mask, which summarizes the order and which is shown before completing the purchase of the product or sending the order. ;

Registration on the Portal

1. All users of the site are allowed to make purchases online;

2. The User who wishes to register for a new account will be asked to enter their personal data. By clicking on the "Account" link at the top right, the User can choose their profile and create a personal control panel where they can update their data if necessary, check the orders placed and the history, view the invoices and make a request for returned goods;

3. Registration on the Portal is without obligation to purchase and can be usefully completed only by Users of age and in any case in possession of the appropriate faculties required by law to undertake commercial actions and enter into contracts. The personal data collected (by way of example name, surname, e-mail, date of birth) will be processed in compliance with the provisions of Legislative Decree 196/03 and subsequent amendments, for the purposes and within the limits indicated in the Privacy Policy adopted. by the Seller. The data provided must be accurate and updated if necessary. The information on the processing of personal data collected will always be viewable by Users by clicking on the "Privacy" link in the footer of the Site;

4. The User who has completed registration on the Portal will receive a "welcome" email with confirmation of registration.

The User is responsible for his account and for all activities carried out and orders placed through his account and is required to immediately notify the Seller of any theft of credentials or unauthorized access;

5. The registered User will always be able to manage his profile by accessing the personal control panel and change his address and / or his personal information, as well as view the order history, invoices and access the return procedure;

6. The registered User can always view the catalog of available and purchasable products, their characteristics, technical information, prices, costs and shipping methods and any other information necessary for the correct formulation of the will to purchase, as well as order history sent.

How to conclude the online sales contract

1. The registered user can select the desired product and add it to the cart by clicking on the "Buy" button. Once the purchases have been completed, the User who wants to place the order will have to empty the cart by clicking on the "go to cart" button that appears in the window that opens by hovering the mouse over the cart icon.

At this point, the summary page called "contents of your cart" will appear, that is the summary of the products included in the cart and ready for purchase, also analytically indicated in the price (per item and overall), together with the delivery costs and methods payment methods accepted, among which the User can choose: the User can check, save and print the summary page before proceeding with the confirmation;

2. The User who, after viewing the summary sheet decides to place the order, must click on the "Complete order" button;

At this point, after having filled in the various fields necessary for shipping and billing, and having chosen the desired payment method, the User must read the Conditions

General sales and click on the checkbox, marking which declares to have read, understood and accepted the Terms of Purchase. The Terms of Sale can always be viewed and consulted by the User either by clicking on the relevant button in the footer of the site, or by clicking on the word (I accept the terms and conditions of sale) in hypertext format in the text of the box to be ticked;

3. To continue with the purchase of the product, the User, after having marked the acceptance box of the General Conditions of sale, must click on the "PROCEED TO PAYPAL" button: at this point the User chooses Pay Pal will be immediately directed to the mask where enter your Pay Pal account details. Also in these cases, the online sales contract is considered concluded when the User receives the confirmation of acceptance of the order by the Seller;

4. At this point, the User will receive an order "acceptance" email containing the order summary, which confirms the receipt of the order by the Seller but which does not constitute contractual acceptance of the order itself. The online sales contract is concluded only when the User receives the confirmation of acceptance of the order from the Seller;

5. The order confirmation email that the Seller will send to the User will contain the order number, a summary of the purchase, the invoice, the link where it is possible to view the General Conditions of Sale and all the information necessary to identify the seller.

Payment method

1. Payment for the products offered for sale by the Seller through the Portal may be made using the payment methods indicated on the website.

2. The User can select the desired payment method on the "cart contents" page which can be viewed by clicking on the "Go to cart" button, before proceeding with the purchase. The accepted means of payment will in any case be sent by the Seller by means of the summary email of "taking charge" of the order;

3. Each User declares to have the full right to use the chosen payment instrument. Each User must verify that the payment instruments in his possession have sufficient credit to cover all costs relating to purchases;

4. All communications relating to credit cards and similar payments take place on a special line of the Seller protected by an encryption system. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.

Terms of delivery of the goods

1. The Seller will deliver the products purchased by the User according to the available method indicated in the "cart contents" window;

2. The Seller will deliver the goods by Express Courier, with a shipping time of between 3 and 10 days (except for products not available in stock) starting from the moment the online sales contract is finalized. . Any delays in the delivery of the goods do not entitle the Consumer or the Professional Buyer to terminate the concluded online sales contract;

3. For more information on the order processing time and to find out how to track the shipment using the online tracking service, consult the card in your profile

Right of withdrawal:

Unless otherwise agreed between the parties, the right of withdrawal does not apply to the following contracts:

to. Contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
b. Contracts for the delivery of goods which can deteriorate rapidly or whose expiration date would be quickly exceeded,
c. Contracts for the delivery of sealed goods that are not eligible for return for reasons of health protection or hygiene if their seal has been removed after delivery,
d. Contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
And. Contracts for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on the fluctuations of the market on which the entrepreneur has no influence,
f. Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
g. Contracts for the delivery of newspapers, magazines or periodicals with the exception of subscription contracts

Liability and obligations of the Seller towards the Consumer: liability for defects, proof of damage and compensable damages

1. The Consumer undertakes to pay the price of the products in the manner and according to the terms described above and to provide for the printing and storage of the e-mail

order confirmation containing the order number, a summary of the order placed and the General Purchase Conditions;

2. Pursuant to art. 114 and ss. of the Consumer Code, the Seller is responsible for the damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. ;

3. The aforementioned request by the injured party must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer in view of the product, if it still exists;

4. The Seller cannot be held responsible for the consequences deriving from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective;

5. No compensation will be due if the injured party was aware of the product defect and the resulting danger and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage, and the causal connection between defect and damage;

6. The injured party may seek compensation for damage caused by death or personal injury or the destruction or deterioration of anything other than the defective product, provided it is of a type normally intended for private use or consumption and thus mainly used by the injured party;

7. Damage to property referred to in art. 123 of the Consumer Code will, however, be refundable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros);

8. In no case can the Consumer be held responsible for delays or errors in payment if he proves that he has made the payment in the times and methods indicated by the Seller;

9. The Seller cannot be held responsible for damages, losses and costs suffered by the Consumer as a result of the non-execution of the contract for reasons not attributable to him, since the Consumer is only entitled to the full refund of the price paid and any additional charges. incurred.

Use of the Portal and Seller's Liability | of Users
1. The User uses the services offered by the online shop platform at his expense: the

provision of the PC and internet connection is at his expense;

2. The Seller is not responsible for the improper use of the site by Users, for disservices or malfunctions of the site and assumes no responsibility for disservices attributable to force majeure, in the event that it fails to execute the order within the time frame stipulated in the contract;

3. In the event of non-execution of the contract for reasons not attributable to the Seller, the latter will not be liable to the Professional Buyer or Consumer for damages, losses or costs incurred, the Buyer having the right to the full refund of the price paid and any ancillary charges incurred;

4. The Seller assumes no responsibility for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, if it proves that it has adopted all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence;

5. The Portal is made available without the issue of any specific warranty or license: the User who uses it assumes all the risks associated with the use of the Internet and IT applications (hardware and software) and must ensure that he is in rule with basic IT security measures (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material;

6. The Seller is not responsible and is not liable for any viruses, malicious codes or any problems related to the User's internet browsing as they are not dependent on the Seller's actions;

7. In particular, the Seller declines any responsibility related to the following:

a) Incompatibility of the Site with the equipment, software and telecommunication connections available to the User;

b) Attacks suffered by the buyer / consumer while browsing the web (by way of example but not exclusive: viruses, malicious codes, etc.);

c) Damage to computer equipment / software that the professional Buyer uses for navigation not directly attributable to the seller,

d) Inefficiencies or malfunctions of the Portal due to force majeure;

e) Inefficiencies or malfunctions related to the use of the internet outside the control of oneself or of its sub-suppliers, except in the case of willful misconduct or gross negligence;

f) Interruptions of the shop-on-line service;
g) Fraudulent and illegal use that may be made by third parties, of credit cards,

checks and other means of payment, upon payment of the purchased products, if you can demonstrate that you have taken all possible precautions based on the best science and experience of the moment and on the basis of ordinary diligence.

8. The User undertakes, once the online purchase procedure has been completed, to print and keep this contract.

Causes for resolution

1. The obligations referred to in points 11 and 15, assumed by the parties are essential, so that the non-fulfillment of only one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial decision.

Privacy:

The protection and processing of personal data takes place in compliance with the law and in accordance with the privacy policy, which you are invited to view on the Data Controller's website and on the privacy policy page:

https://capalbio.store/policies/privacy-policy

Intellectual Property, Software and Content:

The intellectual property rights on all content made available on or through this Site are and will remain the property of the Owner and / or its licensors and are protected by the laws and treaties on copyright in force; it is possible to archive, print and view the contents provided exclusively for personal use; You may not publish, modify, distribute or reproduce, in any format, any content or copy of the content provided or appearing on this website, nor may you use any of these content in connection with any business or commercial enterprise.

The site https://capalbio.store is a registered trademark belonging to the Owner; no license and / or authorization is granted for the use of this trademark.

Liability disclaimer:
The material published on this Site is provided without any warranties, conditions or

assurance of its accuracy; Unless it is expressly indicated otherwise and to the maximum extent permitted by law, the Owner disclaims all liability and will not be liable for any damages of any kind including, without limitation, direct, consequential or incidental damages.

Disability:

If any part of the Terms is invalid (including any extent to which the liability of the Owner towards the user is excluded), the effectiveness of any other part will not be affected and will remain in force for all purposes.

Applicable law and competent court

These Conditions and all disputes regarding this contract, its interpretation and / or validity are subject to Italian law and to the exclusive jurisdiction of the competent Judicial Authority of the Court of Florence.

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