1.  Scope

 

1.1. These general conditions of sale (hereinafter the “General Conditions of Sale”) shall apply to all sales contracts concluded between Cap Design S.p.A., with its registered head office at Via Busnelli, No. 1, 20821 Meda (MB), listed on the Business Register of Monza Brianza under No.???, email [email protected]  (hereinafter “Cappellini”), and the user intended – depending on the circumstances – as the end consumer or professional customer (hereinafter the “User”) who places a purchase order electronically through the website www.cappellini.com (hereinafter the “Website”).

 

1.2. The functions and methods of using the Website are governed by the full Conditions of Use which must be followed by every User of the Website.

 

1.3. The User shall comply with these General Conditions of Sale for every purchase on the Website. Users may not purchase products through the Website if they do not accept these General Conditions of Sale.

 

1.4. During the acceptance procedure, the General Conditions of Sale may be viewed, saved on the User’s device and printed by the User. In any case, the User shall be able to access the General Conditions of Sale through the Website.

 

2.  Amendments to the General Conditions of Sale

 

2.1.  Cappellini reserves the right to amend these General Conditions of Sale, at any time, when these amendments are required to comply with legal provisions, to adapt these General Conditions of Sale to Cappellini’s sales models or for technical reasons. Any amendments to the General Conditions of Sale shall be reported with adequate notice and the updated version of the General Conditions of Sale shall be published at any given time on the Website. In any case, the version of the General Conditions of Sale in force when the purchase order is sent shall apply to each purchase.

 

3.  Purchasing methods

 

3.1.  Alternatively, to proceed with purchasing products on the Website, the User may register to the Website (“registered user”) or proceed as a guest without registering (“guest user”). To make a purchase as a “registered user”, the User must register to the Website and create a personal account or, if the user was previously registered, they can log into their account with their appropriate authentication credentials (i.e. e-mail and password).

 

3.2.  For more information on creating a new account on the Website and the relative rules of use, please refer to the Website’s Conditions of Use.

 

3.3.  If the User’s account is deleted as provided for by the Conditions of Use, any purchase orders already sent before the request to delete the account shall be considered received by Cappellini and shall be handled by it according to these General Conditions of Sale.

 

3.4.  In any case, to purchase products, the User shall first have to add the wanted items into their basket on the Website and then select the payment method from those available pursuant to Article 7.1. below and finally send their purchase order electronically to Cappellini.

 

4.  Conclusion of the purchase contract

 

4.1.  When a purchase order is sent through the Website, it constitutes a binding offer of purchase for the selected products and, therefore, enters into a purchase contract, which shall be fully governed by these General Conditions of Sale (“Contract”).

 

4.2.  Before sending the purchase order, the User must check the purchase order summary to make sure that all the details provided are correct. Any errors when entering details may be corrected by using the appropriate functions to change details on the Website. If the User only realises the errors after confirming the purchase order, the User shall be able to correct them by contacting Cappellini directly following the methods indicated under Article 14 below.

 

4.3. The User must keep the order number on the receipt confirmation of the purchase order so they can access the support service and for any other communications with Cappellini.

 

5.   Product availability

 

5.1.   The User may only select the products in the catalogue published on the Website and available at the time of the purchase order by the User. Once selected, the products are added to their basket, the contents of which can be deleted or changed at any time up until the purchase order is sent.

 

5.2. The product catalogue is regularly updated by Cappellini, so Cappellini does not make any guarantee regarding how long a product shall be available for or regarding the availability of all versions and/or the formats of each product in the catalogue.

 

5.3.  Each product comes with an info sheet describing its main features. The images and colours of the products on the description sheets might not accurately match the real versions due to computer settings or the settings on the devices used by the User to display the Website. The published images must therefore be considered for information purposes only, within the limits of normal tolerance.

 

5.4. The products on the Website are available until they run out. It shall not be possible to add an item to a basket that is marked on the Website as “out of stock” or otherwise unavailable. However, if the User selects an unavailable, yet selectable, product, Cappellini shall promptly notify the User by e-mail at the address provided by the User when registering to the Website. If the product is permanently unavailable, the User shall be promptly refunded for any amount already paid in accordance with the provisions of Article 7.6.

 

6.  Product prices

 

6.1.  The retail prices are shown in Euros and include VAT.

 

6.2. The applicable retail prices for the User are those published online when the purchase order is sent. These prices may be changed without any prior notice. It is the User’s responsibility to check the final price before sending the purchase order.

 

6.3.  All the product prices on the Website include shipping costs, which shall fully remain the User’s responsibility. These costs vary depending on the selected shipping method and are indicated separately in the purchase order summary, in the Confirmation of Receipt and in the subsequent Order Confirmation.

 

6.4.  In the case of discounted products, Cappellini shall show the final discounted price and the price previously applied to this product which, in any case, goes back a period of time no less than 30 days before the reduced price was applied. 

 

6.5. The prices shown on the catalog and product detail pages are rounded up; only within the cart and checkout process are detailed prices visible, including references to taxes, shipping fees, and any promotions or discounts.

 

7.  Payments, invoicing and refunds

 

7.1. The price must be paid when placing the order only through the Website, using the payment methods available to the User listed on the Website.

 

7.2. Cappellini reserves the right to refuse a purchase order if there is no payment authorisation or the amount paid is subsequently cancelled by the provider of the payment method used pursuant to Article 7.1. above.

 

7.3. If products are purchased by credit card, the transaction shall be authorised at the time of order. If the order is cancelled, either by the User or by Cappellini (if the order is not accepted), Cappellini shall request cancellation of the transaction at the same time. The cancellation times, for certain types of cards, depend solely on the payment system used. Once the transaction is cancelled, under no circumstances shall Cappellini be held liable for any direct or indirect damage caused by a delayed refund for the amount due from the payment system used.

 

7.4.  For payments by bank transfer, the User shall receive an e-mail with all the detailed information to make the payment and must then make the transfer from their bank. Cappellini shall only accept the order when the sum due is credited into Cappellini’s account. In any case, this transfer must be made within 5 working days from the order confirmation date by the User, which shall be identified as the time when Cappellini’s IT system for managing e-commerce automatically generates the order confirmation email sent to the User. Once this deadline is up, the order shall be deemed unfinished and shall therefore be automatically cancelled. The User must make the transfer corresponding to the amount specified in the order confirmation according to the details indicated at any given time by Cappellini.

 

7.5.  When requested by the User, after payment, the invoice issued by Cappellini shall be sent in .pdf format by e-mail to the address provided by the User when registering to the Website.

 

7.6.  In the event of refunds, any amounts paid by the User to Cappellini shall be returned using the same payment method used by the User to make the purchase. Refunds shall be processed according to the times and methods set by the provider of this payment method.

 

8.  Product delivery

 

8.1. The products purchased on the Website are delivered to the shipping address indicated by the User when registering to the Website, or when purchasing the product, by express courier. Cappellini therefore ships products all over Italy, to France, Germany, Austria, Belgium, Luxembourg and the Netherlands.

 

8.2.  A maximum delivery time shall be indicated in the basket before purchase. In any case, Cappellini shall respect, as the maximum delivery time, the timeframe shown at any given time on the Website when the order is placed, except in cases of force majeure. The maximum delivery time is calculated from the date the order is accepted and in the event of a delay regarding the delivery date scheduled at the time of order. If the User is not at home, a note shall be left indicating the AIR WAYBILL (AWB) number and delivery shall be attempted again.

 

8.3.  Deliveries shall always be made at street level.

 

8.4. The delivery of the products shall be deemed made when the User or a third party authorised by the User receives the products.

 

8.5. At the time of delivery of the product, the User shall check that the packaging is intact and without any signs of damage, tampering or alteration. If this inspection does not have a positive outcome, the User must immediately dispute the case with the courier, refusing the product or accepting it with written reservation on the transport document. Moreover, the User must promptly inform Cappellini of what happened, by contacting the customer service team (“Customer Service”) using the methods indicated in Article 14 below.

 

8.6.  If the products cannot be delivered as the User is not at home for the attempted deliveries scheduled by the procedure applied by the courier, the courier shall store the products at its warehouse until they are picked up by the User and, in any case, by the time indicated on the attempted delivery note left with the User. If the products are not collected by this time, they shall be returned by the courier to Cappellini.

 

8.7.  In cases of force majeure, accidents or events outside of Cappellini’s control, such as strikes, floods, earthquakes, epidemics or provisions by the national or local authorities, the delivery date of the order might be postponed, providing adequate notification to the User by e-mail. In this case, Cappellini shall not be held liable for any delays in delivery of the order caused by events under this Article.

 

9.  Declarations and guarantees from the User

 

9.1.   Users declare and guarantee that:

 

9.1.1.  they can legally enter into the Contract;

 

9.1.2.  they are an adult;

 

9.1.3.  the personal data and any other information indicated to Cappellini when registering on the Website, or when purchasing a product, is true, accurate and up-to-date as provided for in the Conditions of Use;

 

9.1.4.  they shall use the Website in accordance with any applicable regulations or legal provisions, refraining from any form of direct and/or indirect use of the Website that breaches the law, the Conditions of Use, these General Conditions of Sale or infringes upon third-party rights.

 

9.2.  The User shall indemnify and relieve Cappellini of any liability, legal action, cost, expense or claim that might arise from a breach by the User of the declarations and guarantees under Article 9.1, without prejudice in any case to the possibility for Cappellini to terminate the Contract with immediate effect pursuant to Article 1456 of the Italian Civil Code in the event of a breach by the User of the aforementioned declarations and guarantees.

 

10.  Legal guarantee of conformity

 

10.1. The products sold through the Website to the User benefit from a legal guarantee of conformity (the “Legal Guarantee”) provided for by Articles 128 et seq. of Italian Legislative Decree No 206 of 6 December 2005 (the “Consumer Code”). The provisions of the Legal Guarantee indicated below apply within the limits compatible with the particular nature of certain products sold through the Website (for example, the flammable nature of perfumes and fragrances), which could be subject to further provisions on health and safety as provided for by applicable legislation.

 

10.2.  Notwithstanding the provisions of Article 5.3. above, Cappellini shall deliver products that comply with the Contract to the User. Within the limits of the provisions of Article 10.1. above, Cappellini is liable to the User for any existing lack of conformity at the time of product delivery, provided that the lack of conformity emerges within 2 (two) years from product delivery. Users forfeit their rights regarding the Legal Guarantee if they do not report the lack of conformity to Cappellini within 26 (twenty-six) months from the delivery date of the goods, by contacting the Customer Service team by e-mail at the address indicated in Article 14. This report, which should be made on the non-conformity form available on the Website, must contain an accurate, comprehensive description of the disputed defects or faults and photos of the product, highlighting the reported lack of conformity. The Customer Service team shall promptly inspect the report from the User, giving them instructions for possibly returning the product.

 

10.3.  Product returns shall be at Cappellini’s expense if, in light of the report of the lack of conformity and once photographic documentation has been received, the Customer Service team believes that the reported defect exists. However, if after analysing the photographic documentation, the Customer Service team believes that the User’s report is unfounded, the User shall be free to send Cappellini the product, at the User’s expense, solely so it can be physically analysed by Cappellini. The User must attach to the product for which they intend to use the Legal Guarantee the defect report form (appropriately filled in) and the payment receipt or any other document reasonably requested by Cappellini.

 

10.4. Users may ask Cappellini, at their discretion, to repair or replace the product, without being liable for the cost, unless the chosen repairs are objectively impossible or disproportionately expensive to the others.

 

10.5.  Users may ask, at their discretion, for a corresponding reduction in price or for termination of the contract if one of the following conditions is met: (i) the repair and replacement are impossible or disproportionately expensive; (ii) Cappellini has not repaired or replaced the product within a reasonable period of time.

 

10.6.  If, after collecting/receiving the product, Cappellini checks that the reported lack of conformity actually exists, any possible costs for the transport, repair or replacement of the product shall remain at Cappellini’s expense or, if the transport costs were incurred by the User pursuant to Article 10.3. above, they shall be refunded by Cappellini. If not, i.e. when Cappellini checks that the reported lack of conformity does not exist or that there are no grounds for applying the Legal Guarantee, the Legal Guarantee shall not apply and all transport costs – both those incurred by the User to send the product to Cappellini and vice versa – shall be at the User’s expense; in this case, Cappellini shall notify the User of this decision and the product shall be returned to the shipping address indicated by the User. In all cases when the products cannot be delivered to the User or to a third party authorised by the User, the products shall be kept in storage for 15 days or for the greater period of time indicated on the attempted delivery note left with the User. If this timeframe expires and the User has not collected the products, Cappellini shall be entitled to charge the User for the storage costs and freely organise the products.

 

10.7.  The User acknowledges and accepts that the Legal Guarantee does not cover any potential faults or damage caused by accidents or by the User’s responsibility or by use of the products that does not comply with their relative intended use or by normal wear and tear.

 

11.  Right of withdrawal

 

11.1. The User has the right to withdraw from the Contract within 14 (fourteen) days, without having to indicate why. The withdrawal period expires after 14 (fourteen) days from the day when the User or a third party appointed by the User, other than the courier, acquires physical possession of the purchased product. If the User has purchased several products with a single order, the withdrawal period shall expire after 14 (fourteen) days from the day when the User or a third party, other than the courier and appointed by the User, acquires physical possession of the purchased products.

 

11.2.  The right of withdrawal may not be exercised by the User in cases expressly provided for by Article 59 of the Italian Consumer Code, i.e. for products that have a risk of deterioration, as well as for products that cannot be returned for hygienic reasons or personal safety or health protection reasons, such as for flammable products (for example, perfumes or fragrances). 

 

11.3. The right of withdrawal may also not be exercised for customised packaged products and/or specifically personalised for the User. 

 

11.4. To exercise their right of withdrawal, Users shall clearly declare their intention to withdraw from the Contract by notifying Cappellini. The User may therefore use the withdrawal form available on the Website, to be completed and sent to the Cappellini Customer Service team by e-mail, at the address indicated under Article 14 below.

 

11.5.  To meet the withdrawal period, all the User has to do is send a communication on exercising their right of withdrawal, accompanied by one or several clear, well-defined photos of the product which the User intends to return, before the withdrawal period expires under Article 11.1 above. Once the above has been received, Cappellini shall send the User, without delay, an e-mail confirming receipt together with the return label, which is required to properly return the products to Cappellini.

 

11.6.  In case of withdrawal, Cappellini shall fully refund the User for the price of the returned products and for the relative shipping costs for the initial delivery, except for any additional costs resulting from any potential choices, during purchase, by the User for a type of delivery other than the least expensive one offered by Cappellini. The refund under the previous point shall be made by Cappellini net of shipping costs for returning the product which, when exercising the withdrawal pursuant to this Article 11, shall nevertheless remain the User’s responsibility, as described in more detail under point 11.7. below.

 

11.7.  When exercising their right of withdrawal, Users must return the purchased products to Cappellini within 14 (fourteen) days, starting from the day when they notified Cappellini of their decision to withdraw from the Contract. To return the product, the User shall have the possibility of using the courier service chosen by Cappellini. In this case, the User shall not have to pay for the return costs themselves, as Cappellini shall pay them, deducting them from the refund owed to the User. If Users choose to use this service, they must indicate this on the form under Article 11.5. above, through which they shall declare their intention to Cappellini to withdraw from the contract. The User shall then have to contact the courier directly to proceed with the return. However, if Users freely choose to use a different carrier from the one indicated by Cappellini, they must pay for the relative shipping costs themselves. In this case, the User must also carefully select the carrier, taking into account the nature of the products to be returned and the reliability and professionalism of the supplier. Any damage potentially caused to products before being returned to Cappellini shall be at the User’s expense.

 

11.8.  Cappellini shall refund the User for the amounts indicated under Article 11.6. above, within 14 (fourteen) days from the day when Cappellini received notification of the withdrawal by the User. However, Cappellini may suspend the refund until the returned products have been received or until the User has proven that they have sent back the products, depending on which situation occurs first. These refunds shall be made by using the same payment method used by the User for the initial transaction, unless the User agrees a different method with Cappellini, in accordance with the provisions of Article 7.6. above.

 

 

11.9.  The User shall return the products without having used them, in pristine condition and with the original labels not removed. Every product to be returned must be properly placed inside the original packaging, i.e. the packaging in which it was delivered by Cappellini. If the User no longer has the original packaging or it is in unsuitable condition to withstand further shipping as it has deteriorated from the first shipping, the User must obtain equal or superior packaging that can handle the return of the product to Cappellini and adequately protect the product. The product packaging must be thorough, in order to protect the original wrapping and the product itself from damage, as well as any attached notes or labels during shipping. If these conditions are not met, Cappellini shall return the products to the User at the User’s expense.

 

11.10.  In order to return products to Cappellini, Users must print the pre-completed withdrawal form sent to the Customer Service team, attaching the return label received pursuant to Article 11.5. above. This form must therefore be included in the product packaging, in order for the return of the products to Cappellini to be successful. If Users have any doubts about the procedure to follow to exercise their right of withdrawal, they may contact the Customer Service team at the details indicated under Article 14 below to get any necessary clarifications.

 

12.  Industrial and intellectual property

 

12.1.  The Website, including the contents and graphics of the website itself, the trademark, the domain name, the relative sub-domains and all industrial and intellectual property rights relating to them are the sole property of Cappellini, are reserved for it and are not or shall not be transferred or licensed under any circumstances to the User. The User may therefore not reproduce, duplicate, copy and redistribute, relay including on other websites, transfer or otherwise make available to third parties in any capacity or, in any case, use the Websites and/or the Contents of the Website for purposes other than storage and/or consultation, without express prior official approval from Cappellini.

 

12.2.  The User also recognises that the purchase of products through the Website does not grant the User any rights over the trademarks and any other distinctive mark of Cappellini, which shall remain the latter’s property.

 

13.  Personal data processing

 

13.1.  Cappellini shall process the User’s personal data for the purposes and with the methods specified in the Privacy Policy and in its Cookie Policy, available on the Website and which it therefore invites Users to read carefully.

 

14.  Applicable law and competent court

 

14.1.  These General Conditions of Sale are entirely governed by Italian law. Any disputes that arise in relation to the validity, interpretation, performance and termination of these General Conditions of Sale or of each Contract shall be the sole jurisdiction,

 

14.1.1.  if the User is a consumer, of the court of the consumer’s place of residence, if they are located in Italy; while

 

14.1.2.  if the User is a company and in different circumstances from those under the previous Article 13.1.1., it shall be the Court of Milan.

 

14.2.  Without prejudice to the User’s right to bring a case before the competent court provided for by Article 13.1. above, in accordance with Article 14 of Regulation 524/2013/EC, the User is also entitled to use the platform established by the European Commission for resolving online disputes (“ODR platform”), through the assistance of an impartial organisation. The ODR platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

 

 

 

 

 

 

15.  Contacts

15.1.  To receive assistance, to file complaints or to request information, the User may contact Cappellini at the following details:

Customer Service [][email protected]

 

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, Users declare that they have understood and expressly accept the following Articles of the General Conditions of Sale: 2 (Amendments to the General Conditions of Sale), 9 (Declarations and guarantees from the User), 10 (Legal guarantee of conformity), 11 (Withdrawal) and 12 (Industrial and intellectual property).