Conditions of sale
Terms and conditions
The purchaser expressly declares to make this purchase for non-commercial or non-professional activities. The goods made subject of these general sale terms are sold by Falc S.p.A. C.da San Domenico, 24 – Civitanova Marche (MC) – Italy, VAT reg. no. 00347770430 and VI-REA 85200, and are produced by the same and present on the website candicecooper.com. This contract is subject to the provisions of Legislative Decree no. 206 dated 6 September 2005 as amended by Legislative Decree no. 21 dated 21/02/2014.
CLAUSE 1: CONCLUSION OF SALES CONTRACTS
Confirmation and dispatch of the order by the customer, in accordance with the instructions displayed from time to time on the website pages, implies full acknowledgement and acceptance of these general sales terms by the Customer. The sales contract between Falc S.p.A. and the Customer is intended as finalised upon acceptance of the order by Falc S.p.A. The contract between Falc S.p.A. and the purchaser is concluded exclusively through the Internet on the website candicecooper.com, and will be finalised by correctly filling in the request form and purchase authorisation expressed by online acceptance or by completing the attached form after displaying a website order summary page showing order details, price and contract ancillaries. When the supplier receives the order from the purchaser, the same will forward an e-mail confirming the same. Without this order confirmation, the contract shall not be considered as finalised and valid. The Customer’s right to claim damages or indemnity is hereby excluded, as well as any contractual or non-contractual liability for failure to accept an order, even in part.
CLAUSE 2: PURCHASING METHOD
The Customer may purchase only the products in the online catalogue at the time the order is sent and displayed online at the address candicecooper.com as described by the relevant descriptions. The order will be processed regularly upon receipt of confirmation that the Price, transport and delivery costs have been authorised on the credit card of the Customer, as set forth by section 5, sent to the e-mail address advised by the Customer. The image given with the description of a product may not correspond precisely to its characteristics but may differ in colour, dimensions and product accessories. Any information that may be provided during the purchase are intended merely illustrative and do not refer to the real characteristics of the individual product. Falc S.p.a. will confirm that an order has been received correctly by sending an e-mail to the e-mail address indicated by the Customer. This message will show the Date and Time the order is received as well as a Customer order number that should be indicated in all further communications with Falc S.p.A. The message also gives a summary of all the information entered by the Customer, including a description of the product, the price, payment method, delivery method and expenses and applicable taxes. The Customer should check these to ensure they are correct and immediately advise any corrections, if any, as described in this document. If the order is not accepted, Falc S.p.A. will inform the Customer immediately.
CLAUSE 3: PRICES
Products are sold at the prices indicated in the online product description when the order is confirmed by the Customer. Before the Customer confirms the order by clicking on the order confirmation box, a summary of the product entered in the cart, including price, taxes and delivery costs, will be displayed. These details will automatically be entered in the order form that the customer sends to Falc S.p.A. after completing the order confirmation procedure. The sales prices include VAT and all applicable taxes.
CLAUSE 4: ACCOUNTS DOCUMENT AND DELIVERY METHOD
For all orders accepted and made, Falc S.p.A. issues a delivery document for the goods shipped, which will be sent by e-mail to the addressee of the order, as set forth by section 14 of Presidential Decree 445/2000. The details supplied by the Customer at the time the order is made will be binding for the tax receipt (and/or invoice). No changes may be made to the fiscal document once it has been issued. Falc S.p.A. declines all and any liability for any delay in meeting the order or delivery of the product/s ordered.
CLAUSE 5: PAYMENT METHOD
The Customer may make payment by Credit Card, Paypal or Cash on Delivery (only in Italy). If payment is made by credit card when the order is made, the bank in question will authorise order amount that is to be charged to the credit card of the Customer. The amount relevant to orders filled, even in part, will be charged to the Customer’s credit card before the goods depart from Falc S.p.A. Should the Customer exercise its right to withdraw from the contract, as indicated by Clause 6 hereunder, Falc S.p.A. will reimburse the amount charged (with exception of any extra costs paid by the Customer for a delivery method different to our standard low cost delivery method). Falc S.p.A. will not receive the details of your credit card during your purchase, since these are sent via a protected connection directly to the bank that deals with the transaction. Falc S.p.A. will at no time store your credit card details in its database for any reason whatsoever.
CLAUSE 7: GUARANTEE AND CLAIMS
All products sold by Falc S.p.A. on the website candicecooper.com are covered by the manufacturer’s legal guarantee, as set forth by Legislative Decree 206/05. In order to claim under the guarantee, the Customer should keep the tax receipt or invoice (or Delivery Note) that it receives by e-mail in PDF format. The supplier is liable for any defects of conformity as set forth by section 128 et sequitur of the Consumer Law; the purchaser loses all and any rights if it fails to report a defect of conformity to the supplier within 2 months from the date on which the defect is discovered. [A paragraph has been eliminated here] If enforcement of the guarantee includes return of the product, the same should be returned by the Customer in the complete original package (including packaging, documents if any and accessories: manuals, cables etc…); in order to limit damages to the original package, please pack it in another box; do not place labels or adhesive tape on the original package of the product.
CLAUSE 8: PRIVACY
As set forth by section 13 of Legislative Decree no. 195, we hereby inform you that the personal details supplied by the Customer to Falc S.p.A. will be processed by the same with automated means, for entry into its customer database and are required to finalise the contract and fulfil civil law, tax and management obligations. Such details may also be used for statistical purposes, commercial and promotional messages, without prejudice to the Customer’s right to advise that it does not wish to receive these messages at any time. Supplying your personal details is optional but if you fail to do so we will not be able to stipulate the sales contract and accept the order. The Data Controller is Falc S.p.A., with registered offices at C.da San Domenico, 24 – Civitanova Marche – Macerata (Italy). As set forth by section 7 of the above Legislative Decree, the Customer shall also have the right to: request confirmation of the existence of its personal details; cancel its personal details or transform the same to an anonymous format or block any personal details that have been processed in breach of the law; update, modify or add to its personal details. Customers may exercise the rights set forth by section 7 by writing to: [email protected]
CLASUSE 9: APPLICABLE LAW AND JURISDICTION
This contract is governed by Italian Law. In the case of civil and criminal disputes deriving from this Contract, if the Customer is a consumer, the court having jurisdiction shall be that of its Municipality of residence, while in all other cases, the court having jurisdiction shall be exclusively that of Macerata.
These general terms and conditions are applicable to Falc S.p.A.’s e-commerce checkout on the website www.candicecooper.com and use of the services and contents present on the same (by way of example: images, software, texts, brands and logos, colour combinations, layout and designs). Anyone who accesses and/or uses the Website becomes a “User” and accepts, as from the first access and/or use thereof, these terms and conditions which are applied over and above the General Terms of Sale applicable to the purchase of products from the online catalogue of the website. If you do not accept these Terms you will not be able to access or use the contents and services on the Website. The current Terms and Conditions were updated on 16.09.2014.
CLAUSE 1: THE WEB PORTAL
Access to the Candice Cooper website is free and free of charge. The website candicecooper.com is managed by Falc S.p.A. The User declares to accept the website “as is”. Falc S.p.A. declines all and any liability for direct or indirect damages that may be caused by use of the website. We reserve the right to modify or replace the Web Portal and contents thereof without prior notice. For more information and/or requests please write to: [email protected]
CLAUSE 2: PROTECTION OF ONLINE PRIVACY
CLAUSE 3: USER’S OBLIGATIONS
The User shall not forward, disclose, send, communicate or store information or other materials that: are covered by copyright or disclose commercial secrets; are obscene, defamatory, threatening, harassing, offensive, slanderous, sexually explicit; are not requested or are of a publicity nature, or solicit purchases, including surveys and chain letters; contain viruses, Trojan horses, worms, time bombs or any other elements whose scope is to damage, intercept or use details, information or the physical and logistic structures of Falc S.p.A., its subsidiaries or those of third parties. The User shall not: register itself as Customer using intentionally false or incomplete information; allow third parties to use its username or password after registration; eliminate or modify materials or other user details or those of Falc S.p.A. gather or in any way obtain information regarding third parties, including e-mail addresses, without the express authorisation of the owner; access data of the protected website or sections thereof which it is not authorised to access or violate the system or the security measures of the website; act in any way that overloads the physical and logical systems of the website in an unreasonable or disproportionate manner, by “flooding”, “spamming”, “mailbombing” or “crashing” the same; use devices, software or other means with the scope of compromising or attempting to compromise the proper functioning of the website; nor attempt to decrypt, decompile, disassemble or decode the software that makes up or is part of the website; use or attempt to use engines, software, instruments, agents or other means (such as: spiders, robots,…) that permit browsing or carryout out searches on the website without the use of the search engines or agents of the same. Any illegal conduct or conduct not conforming with the rules provided herein shall be prosecuted by law through the competent courts.
CLAUSE 4: COPYRIGHTS AND INDUSTRIAL PROPERTY RIGHTS
All copyrights on the contents of the website (by way of example but not in a limiting sense, texts, artwork, photographs, images, user interfaces) including the selection, coordination and organisation of the same, are owned by Falc S.p.A., the subsidiaries thereof and third party licensees, if any. No declaration made on the website is intended to grant licensing or industrial rights on the copyrights of Falc S.p.A. or those of third parties. The contents of the website are intended exclusively for the use of Customers and Users of the website; unauthorised commercial use of the contents on the website is prohibited. The User may display the contents of the website, print, copy and save the same on the hard-disk of its computer or any other type of memory storage, under its own responsibility and exclusively for personal and private use, as set forth by applicable copyright protection laws. All rights on brands, product names, trade names, logos, packaging and the design of all the products and services of Falc S.p.A., the subsidiaries thereof or third parties, in extended form or with the symbol of the commercial brand, belong exclusively to the legal owners, in accordance with international agreements and applicable laws. Any use in breach of such rights is expressly prohibited.
CLAUSE 5: HYPERLINKS
The website may contain hyperlinks to other websites. Falc S.p.A. declines all and any liability for any contents or services of third parties, and does not guarantee the technical availability, reliability or legality of any of the material and information contained on websites linked to its own. The insertion of a link does not entail any association, merger or participation on the part of Falc S.p.A. with the owners and contents of websites linked to its own.
CLAUSE 6: DURTION AND MODIFICATION OF THESE TERMS AND CONDITIONS
Falc S.p.A. reserves the right to modify these General Terms of Access and Use, without prior notice. Any modifications will go into force immediately as from the first publication on the website and until such time as new modifications are introduced.
CLAUSE 7: APPLICABLE LAW
These terms are subject to Italian Law.