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Terms and conditions

Introduction

These general online sales conditions (hereinafter “GSC”) govern the sale and purchase agreement (hereinafter, the “Agreement”) of the products (hereinafter, the “product” or “products”) offered by CABB Design S.r.l. – share capital € 40,000.00 fully paid based in La Spezia, Viale Italia, 76-78 - 19124 La Spezia, Tax Code/VAT number 01371970110, registered in the Economic Administrative Index of La Spezia at no. 123456 – through its website www.cabbdesign.com (hereinafter, the “site”) to the site users (hereinafter, the “customers” or “customer”). These general sales conditions are considered to be related exclusively to customers that qualify as “consumers” pursuant to Art. 3, paragraph 1, letter a) of Leg. Dec. no. 206 of 6 September 2005, i.e. “natural persons acting for purposes unrelated to any business or professional activity carried out”. All the information contained on the site is in Italian and English. The customer declares to have taken note of all of the aforementioned information and general sales conditions before placing the order. The customer, before placing the order for the product, declares that the purchase of said product does not have a direct relationship with his/her professional activity, as the purchase is for personal use. The customer also declares to have the legal capacity to commit himself/herself as provided in these general conditions.

Subject

These general sales conditions relate to the definition of the rights and obligations of the parties in the context of a remote sale of goods offered in the online store www.cabbdesign.com.

Area and coverage of the offer

This version of the general sales conditions refers to sales made to consumers whose domicile or residence is in Italy or abroad.

Contractual documents

This contract is composed of the following documents: • these general sales conditions • the order confirmation The photographs that illustrate the products on the site do not fall under the scope of the contract and are only provided for descriptive purposes..

Receipt of order

Any order confirmation signed by the validation click constitutes an irrevocable commitment by the customer that can only be questioned in the cases foreseen by this contract in the articles “Right of withdrawal” and “Execution of the order”.

Acceptance of the order

The contract will be concluded only when the order is confirmed by CABB Design. The customer will receive, by e-mail, a notification of receipt showing the order confirmation with all of the elements constituting the contract(including the products ordered, prices, delivery dates, and shipping costs). CABB Design reserves the right not to confirm an order for any reason, with particular regard to a problem with supplying products, or to a problem regarding the order received. CABB Design cannot be held responsible for delivery errors due to any inaccuracies or incompleteness by the customer in filling out the purchase order. CABB Design can also not be held responsible for any damage that occurs to the products after delivery to the carrier charged with their transport, or for delays in delivery for which the latter is responsible.

Availability of the products

The site information system is designed to guarantee the immediate fulfillment of the orders and prevent the customer from experiencing unnecessary waiting times; in fact it indicates in real time, in its electronic catalog, the physical availability of the product and any condition of unavailability. If an order exceeds the quantity in stock, the information system will inform the customer through the phrase, “our craftsman are at work: the product will be in stock in 15 days”. At this point the customer can choose whether to purchase the selected product, which he/she will receive in the indicated times (restocking time + shipping time), or to purchase the product when it is restocked. The customer can ask CABB Design to advise him/her of the restocking via e-mail by clicking "e-mail me!" Product availability is not guaranteed on Saturday and Sunday. It may happen that two simultaneous orders do not allow the availability to be updated. In this case, CABB Design will communicate, within 48 hours, the lack of availability and any wait time for the order to be satisfied. If the consumer and/or customer does not agree to waiting the time necessary for the delivery (beyond the period established by Art. 6 of Leg. Dec. no 185/1999), the contract will be considered to be terminated and CABB Design will immediately refund the payment.

Prices – Invoice

The prices are expressed in Euros and include 21% VAT. The price guaranteed to the buyer is the one published on the site at the time of transmission. The prices of the products are final. They do not include any shipping expenses, which will be indicated in the order confirmation. The initial price to which the discount is applied is the official list price provided by CABB Design.

Payment

A customer who wishes to purchase products must manifest this desire through a request made directly on the site, in the specially dedicated section, where, following the procedures indicated therein, he/she will send his/her purchase order and make the payment. Payment is due at the time of order. The customer undertakes to pay the agreed price for the product ordered on the site (price of the products and shipping) using the available payment methods. The customer guarantees CABB Design that he/she shall arrange for any necessary authorizations to use the payment instrument indicated during the order. In case CABB Design does not receive the payment, CABB Design reserves the right to cancel the order. In the case of payment by credit card, CABB Design reserves the right to request that a copy of the identity card, proving the actual ownership of the credit card used, is sent within 24 hours, being understood that if it is not sent, CABB Design can refuse the payment and cancel the order. The data regarding the payment will be processed via a secure server-to-server connection through the use of the SSL (secure sockets layer) protocol.

Transfer of risks

The transfer of the risks to the customer occurs upon the delivery of the products to the carrier by CABB Design. During the withdrawal period referred to in Article 13, the customer is responsible for the object as its custodian. If the product is damaged or destroyed while in the customer’s custody, he/she will be responsible for all the consequences.

Execution of the order

The order will be executed in the terms specified on the site and upon the acceptance of the order by CABB Design and in any case within 30 days after the confirmation of the order subject to the availability of the product ordered and unless specifically agreed between the parties. In the case of depletion of the stock or unavailability of the product ordered, CABB Design commits to informing the client as soon as possible and clarifying any term of renewed availability. See Art. 6 regarding the availability of the products.

Right of withdrawal

The customer has the right to withdraw from the Contract with no penalty and without specifying the reason, starting from the receipt of the order confirmation sent by CABB Design up to and no later than ten working days from the receipt of the product at the address indicated for the delivery. The date indicated on the delivery note constitutes full proof of receipt. The customer may exercise the right of withdrawal through the relative guided procedure available on the site in the section dedicated to his/her account (“my account”), or alternatively through the e-mail address info@cabbdesign.com. If the product has already been delivered, the customer must return it to CABB Design. For this purpose: - the deadline for returning the product is ten days from its receipt; the date indicated on the delivery note constitutes full proof. For the purpose of the expiration of this term, the product is considered to be returned when it has been delivered to the accepting post office. - if the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercising the right of withdrawal. The customer must send the product properly wrapped and packaged; do not remove the tag and the relative seal from the products purchased, as they are an integral part. The Seller, in case the Customer exercises the right of withdrawal, has the right not to accept the return of products whose tag has been removed, that have been altered in terms of their essential and qualitative characteristics, or that have been damaged. CABB Design accepts returns that are in normal conditions and have been safeguarded with reasonable diligence. Products damaged by detergents/additives or products damaged by the customer due to inexperience will not be replaced or refunded. The customer must include a copy of the delivery note received inside the packing box. The transport risks for the return of the products shall be entirely borne by the customer. - The costs of returning the good to CABB Design shall be borne by the customer. If the customer exercises the right of withdrawal in accordance with the provisions set forth in these sales conditions, CABB Design will refund the amount paid by the customer to his/her credit card or PayPal account or through the bank account details communicated by him/her. The refund will be free of charge, and will be performed within thirty days from the date in which CABB Design became aware that the customer exercised the right of withdrawal. As established by Legislative Decree no. 206 of 6/9/2005, the right of withdrawal regulated by these sales conditions does not apply to goods made to order, clearly customized goods, or goods which, by their nature, cannot be reshipped or are liable to deteriorate or expire rapidly.

Warranty

CABB Design only offers top quality products for sale. These products are carefully selected by rigorous quality controls. CABB design does not sell used or irregular products, or products of an inferior quality as compared to the corresponding standards offered on the market. The essential characteristics of the products are shown on cabbdesign.com within each product page. All the products come with an identification tag attached with a single-use seal.

Use of the site

The photographs and presentation videos of the products supporting the descriptive information are published on the site for descriptive purposes, taking into account the fact that the quality of the images, including an exact display of the color variations, may depend on the software and electronic tools used by the customer upon his/her connection to the site. CABB Design does not assume any responsibility with regard to problems the customer experiences by using the site and by the technologies used, as this does not depend on it.

Intellectual and industrial property rights

CABB Design hereby states that the site, as well as all of the trademarks and logos used in connection with the sale of the products offered, are protected by the applicable intellectual and industrial property rights and that any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form and for any purpose, is strictly forbidden. CABB Design reserves the right to take legal steps to protect these aspects.

Protection of personal data

CABB Design is the holder of the personal data collected upon site registration, as well as that subsequently communicated upon a purchase by the customer, except for data relative to the payment procedure, for which reference should be made to the banking institutions through which the transaction occurs. For information relative to the processing of personal data, including the rights under Art. 7 of Leg. Dec. 196/03, refer to the detailed information already provided at the time of registration on the www.cabbdesign.com site or available here.

Electronic signature

The “validation click” constitutes an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.

Entirety of the contract

These general sales conditions constitute the entirety of the obligations of the parties. No other general or particular condition communicated by the customer can become part of or fall outside of these general conditions.

Nullity

Should one or more provisions of these general conditions be deemed invalid or declared as such under a law, regulation, or following a definitive decision taken by a competent jurisdiction, the other provisions shall remain in full force and shall retain their value.

Communication

For any communication, contact CABB Design at the following addresses:
CABB design S.r.l. Viale Italia , 76-78 19124 - La Spezia (SP)
e-mail: info@cabbdesign.com

Applicable law

The sales contract between the Customer and CABB Design S.r.l. is considered to be concluded in Italy and governed by Italian law.


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