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Terms of Sale

Preliminaries

The company Calicantus Srl (hereinafter "Calicantus") commercializes products under the trademark "ITATI" in Italy and worldwide.

The system, which requires active intervention by the customer, was made in full compliance with the Italian rules on distance selling and in particular article 50 et seq. of the Consumer Code (Legislative Decree No. 206 / 2005).

The use of the distance sales process described in these general conditions of sale shall be reserved exclusively for consumers (defined below for brevity the "Customer" or "Clients"), in the meaning that it gives the Italian law and jurisprudence, which act solely on their behalf.

 

Scope

These terms and sale’s conditions shall apply to all the distance sales of products "ITATI" concluded on the website www.itati-shop.com. These terms and conditions of sale have to be carefully examined by the Customer prior to the completion of the distance purchase process of the “ITATI” products.

Make an order on the website www.itati-shop.com implies full and complete knowledge of these general sale’s conditions and their full acceptance: the customer who makes an order on the website www.itati-shop.com, unconditionally accepts and agrees to observe in his relations with Calicantus, these general conditions of sale and the payment terms set out below, stating that he has read and accepted all the information provided to him, and also notes that Calicantus does not feel bound to different conditions from the present unless previously agreed in writing.

These terms and conditions of distance sale could be printed and kept by any person who has visited the website www.itati-shop.com; these terms and conditions of sale shall be considered applicable and in force as long as they are accessible from the website www.itati-shop.com. The eventual elimination of these general conditions of distance sale from the website www.itati-shop.com involves the automatic and irrevocable inapplicability, invalidity and unenforceability of Calicantus in relation to purchases made after their removal from the website, and even in cases where those conditions are otherwise available and / or publicly available on other websites.

 

Identification of the offeror

Calicantus S.r.l., (30020) Quarto D’Altino (VE) - Italia, Via Roma 66/8, paid up share capital Euro 40.000,00 – registered with company registered in Venice-Italy under number 03757590272, REA 335872 - Tel: +39 0422 782890 and fax: +39 0422 828774

 

Information relating to goods

Information relating to products "ITATI" put on distance selling on the web site www.itati-shop.com are available, together with their reference numbers, on the site Internet itself. This information is provided in accordance with the laws in force and, in particular Articles 52 and 53 of the Consumer Italian Code.

 

Orders

Orders can be made on the website www.itati-shop.com, after registering and creating a personal account of the Customer, by following the steps and instructions specified on the website.

 

Calicantus reserves the right to assess the acceptance of orders received. Calicantus informs the Customer of any inability to accept orders received within 30 days from the day following that on which the client has sent the order to Calicantus.

 

Price

Product prices are inclusive of all taxes, excluding shipping costs. Any customs fees, or other types of charges not covered, will be charged to the customer.

The price of each product, and the amount of postage, shall be communicated to the customer at the time before the conclusion of the contract. All prices are in Euro and include VAT.

 

In accordance with the provisions of art. 53 of the Consumer Italian Code, the Customer shall receive, at the time of the contract, the written confirmation of the product ordered, the amount paid, with details of the product price and shipping charges laid against him, as well as of the existence of the right of withdrawal, timing and modalities for the return of the asset, geographical address for submitting complaints and information on services and guarantees which exist.

 

Payment

To pay for the purchases the customer can use the following methods:

 

Credit card: VISA, MASTERCARD, VISA ELECTRON, and other expenses made available on the website www.itati-shop.com.

Circuit PAY PAL.

Circuit POSTE PAY.

The transaction will be subject to the rules of banking security.

 

Where, for whatever reason, the debit of the amounts owed by the Customer proves impossible, the sales process is automatically canceled and the sale automatically resolved.

 

Delivery

Delivery of the products is made to the address specified by the customer only after the regular registration of the order’s payment.

 

In accordance with the provision of art. 54 of the Consumer Italian Code, Calicantus executes the order of the products no later than 30 days from the day following that on which the client has passed the order on payment of the price.

 

Calicantus delivers the products by express courier. Notwithstanding the provisions of the preceding paragraph, the terms of delivery stated by the company Calicantus are purely indicative.

 

In the event that, at the time of delivery, the appearance of the package shows imperfections, the customer have to open the package in the presence of the carrier to check the status of the product contained therein.

 

In the event that the product is damaged, the customer must detail in writing on the delivery note all damage detected. In that case are applied the provisions of the next section "Complaints".

 

Limitation of liability

Apart from cases of deliberate wrongdoing, Calicantus is not liable to Customer in any way as a result of:

 

- loss or damage caused by products (or their use by the customer), subject in each case, the application of mandatory law on product liability;

 

- damages that were not caused by failure of Calicantus;

 

- Loss of business or business opportunity.

 

Within the limits specified above, the responsibility of Calicantus will not in any case exceed the amount paid by the Client for the product which has caused the damage.

 

Calicantus will repair or replace any product that has been damaged or lost during the expedition carried out by its carrier, provided that:

 

- Customer has given notice in writing to the damage or loss within 24 hours after the delivery date (in case of damage) or within 24 hours after the anticipated date of delivery to the customer at the time the order has been sent (if lost), to allow Calicantus to make use of remedies under the conditions applied by our shipping carrier, and

 

- Customer provides to Calicantus (in case of damage to the product) the receipt or other document relating to the product in question, together with the original packaging.

 

Satisfaction Guaranteed: right of withdrawal and return of products

Calicantus is aware of the fact that clients who are not satisfied of the products received may exercise the right of withdrawal provided for in the article 64 of the Consumer Code. It’s in the interest of Calicantus let the customer able to exercise the right of withdrawal under the best conditions possible.

 

The Customer may exercise the right of withdrawal by sending, within 14 (fourteen) working days, a written notice to the head office of Calicantus by registered letter with acknowledgment of receipt.

 

The communication could be sent within the same period, by e-mail, at the condition that it is confirmed by registered letter with return receipt within the next 48 hours. In case the customer already has, in the meantime, received the products ordered he has to return them as specified in the following paragraph.

 

Alternatively, the customer can exercise the withdrawal right by returning the products received within 14 (fourteen) days from the delivery, in their original packaging, complete (accessories, cards, etc. ...) together with the delivery note carefully completed and a copy of the invoice to the following address: Calicantus Srl, Via Roma 66 / 8-30020 Quarto D'Altino (VE) - Italy.

The customer has to proof the return of the products (which must then be returned by registered mail with return receipt) and it will be on his charge both the costs and risks relating to the refund.

 

The refund of the price of products must be returned by crediting the amount paid by the customer within 30 days from the date on which Calicantus became aware of the right of withdrawal by the Client or from the date of receipt by Calicantus of returned products, if the withdrawal right has been exercised by product returns.

 

The chargeback is made to the account of the customer corresponding to the credit card used for payment by the customer or the bank account/Paypal on which it was charged at the time the price of products.

In any case it is understood that, in accordance with the article 67 of the Italian Consumer Code (Legislative Decree n. 206 of September 6, 2005), the integrity of the product is an essential condition for the exercise of the right of withdrawal by the Customer. Therefore, if the products returned by customers are damaged, incomplete, dirty as to substantially impair the integrity, they will not be refunded.

 

Product Replacement

Calicantus wants to offer its customers the opportunity to replace the goods purchased. The replacement of the products purchased can be done with other substitutes of the same or greater (in which case, the customer must pay the price difference in excess) value than the products purchased.

Within 30 days from the date of delivery, the Customer may request a replacement product bought by calling Customer Service at +39 0422 782890 and return the products received in their original packaging, complete (accessories, cards, etc. ...), together with the delivery note carefully compiled and a copy of the invoice to the following address: Calicantus Srl, Via Roma 66 / 8-30020 Quarto D'Altino (VE) - Italy.

 

The customer has to proof the return of products, which must then be returned by registered mail with return receipt requested, and it will be on his charge the costs and risks relating to the refund. Calicantus doesn’t make a new shipment until having received the items returned by the Customer.

Products returned by the Customer which will result incomplete, damaged, dirty will not be replaced. In case of replacement, the sale of the replaced product shall be considered resolved. The payment of the delivered product as a substitute for compensation is the amount of the previous sale price. It is understood that any amount exceeding the customer's credit or debit, is credited or charged back respectively to the following account to the client, which corresponds to the current account or credit card used by the customer for payment. Replacement of the product through the Customer Service shall apply these general conditions of distance sale.

 

Compliance - Warranty

The customer is required to ensure that products received match those included in the order.

 

In the event that the products delivered do not comply with the order, the customer must inform by phone Calicantus Customer Service and return the goods in question under the conditions mentioned in the previous section of these general conditions of sale.

 

In addition to the specific safeguards that are provided to the customer with the product delivered, to the products sale by Calicantus are also applicable legal guarantees provided by law (articles 129, 130, 132 of the Italian Consumer Code).

 

Complaints - information

For any information or complaint, or any matter relating to the general conditions of sale, customers should contact Calicantus Customer Service via telephone at +39 0422 782890 or email: info@calicantus.eu indicating the order number.

 

Privacy and data protection

The company Calicantus has created an electronic database which collects personal information of its customers.

 

When a new customer place an order through the website www.itati-shop.com, the database is updated with the new data, in order to best meet the needs of the client and to facilitate assistance benefits insured by the Customer Service and the website www.itati-shop.com.

 

The collection and processing of data is done in accordance with the provisions contained in the italian Legislative Decree n. 196 30 June 2003 ("Privacy Code ").

The Customer has in any case the right to obtain confirmation of the existence of personal data concerning him, even if not yet recorded, and their communication in intelligible form, the right to obtain updating, rectification, cancellation of personal data, the right to refuse the processing of personal data in cases referred to article 7 of the Privacy Code by written notice to the company Calicantus.

 

With regard to the processing of the Customer’s personal data by Calicantus for the sale of ITATI products through the website www.itati-shop.com please review the privacy policy below.

 

Intellectual Property Rights

The total or partial reproduction, modification or use of the trademark "ITATI" and the design of products offered for sale on the Calicantus’ website www.itati-shop.com is strictly prohibited.

 

They are also strictly prohibited the total or partial reproduction, modification or use of drawings, models and patents, which are available on the website www.itati-shop.com.

 

Force majeure

The performance of the services by the company Calicantus may be suspended in case of occurrence of unforeseeable circumstances or force majeure that prevent or delay the execution.

 

Are considered as such, for example, but are not limited to, war, riots, insurrections, strikes and supply problems of society Calicantus attributable to third party suppliers, or the misstatement by the Customer of the correct address for shipment.

 

The company Calicantus will inform the Customer of the occurrence of unforeseeable circumstances or force majeure within 7 days from the occurrence thereof.

 

In the event that the suspension of the provision were to continue for a period exceeding 15 days, Customer will be able to cancel the order and the amounts already paid will be refund, as specified in the "Money back guarantee: the right of withdrawal and returning products "of these general conditions of sale.

 

Law and Jurisdiction

These terms and conditions of sale are governed by Italian law. In case of disputes arising from the interpretation, validity and / or execution of these general conditions of sale, the customer has the right to protect their interests through an association of consumer in the forms under article 140 of the Italian Consumer Code, or initiate a court settlement to resolve consumer disputes under article 141 of the Consumer Code. However, the customer has the right to appeal the usual way for the settlement of disputes arising from the interpretation, validity and / or execution of these general conditions of sale and in this case, the territorial imperative will be that of the national place of residence or domicile of the consumer, if located in the Italian territory.

 

Privacy policy

This information is provided to the users of Calicantus’ web services under article 13 of the Italian Legislative Decree n. 196/2003 Privacy Code on the protection of personal data.

We will treat the data according to the Privacy Code, with regard to security and for the following purposes: management of remote sales, including all the necessary activities, such as fraud prevention, product management and product warranty returns, customer support, for assert or defend a legal claim and to fulfill obligations under applicable laws, regulations and legislation.

With consumers’consent, which is optional, Calicantus will process the data for marketing purposes, like sending, via newsletters, electronic mail (e-mail) and snail mail (paper), by phone and through SMS and MMS messaging, information on the products of consumers’ interest, information about ITATI products and and events organized by Calicantus, including any invitation to these events. The customer can always oppose to the sending of promotional information by e-mail: in any communication will be specified as not to receive such communications. Calicantus will treat the data acquired in the course of clients’ interaction with the website www.itati-shop.com and the customer service, the additional data that customers’ will provide voluntarily and that Calicantus will otherwise acquire, even with third parties in the course of its business.

 

Related to the consultation of this web site may be processed data on persons identified or identifiable. The owner of the data, according to the italian Legislative Decree n. 196, June 30, 2003 is Calicantus, in the person of its President.

 

The processing related to this web site’s services are done at Calicantus’ head office, Quarto d'Altino (VE) - Italy, and are handled by personnel in charge, or others charged with occasional maintenance operations. No data from the web service is communicated or disseminated. The personal information provided by users who request dispatch of informative material is used only to perform the service or provision requested and will be communicated to third parties only where this is necessary for that purpose (for exemple: delivery service).

 

Data provided voluntarily by the user The optional, explicit and voluntary sending of e-mails to the addresses listed on this web site involves the acquisition of the sender's address (and any other data included in the message) in order to let Calicantus able to respond to requests. A summary will appear on the web site page prepared for the inquiries.

 

Treatment modalities: personal data are processed by automated tools for the time necessary to achieve the purposes for which they were collected. Specific security measures are taken to prevent data loss, misuse or improper and unauthorized access.

 

The rights of interested subjects under article 7 of the Privacy Code (Legislative Decree 196/2003). The subjects to which personal data refer have the right at any time to obtain confirmation of the existence of the data, to know the content and origin, verify its accuracy or request its integration, updating, ask for the cancellation, transformation into anonymous form or block of data in violation of the law, and oppose any case, for legitimate reasons, their treatment. Such requests should be sent to the data owner.


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