Terms and Conditions of use
1.0 General Terms and Conditions
1.1 This online shop, www.cardinali.it (hereinafter, the "Shop") is owned by Cardinali and managed by Cardinali with registered office in Via Cavour, 67 - 13046 Livorno Ferraris (VC) - Italy. Cardinali is the sole owner of the rights on domains, logos, trademarks, copyrights applied to the Shop and to the Products.
1.2 These general conditions of sale (hereinafter, "General Conditions") govern the relationship between the customer (hereinafter, "Customer") and Cardinali for the purchase of products (hereinafter, "Products") from time to time and available in the Shop. The language available to conclude the contract is Italian.
1.3 The Customer is required to carefully read the "General Conditions" made available to him/her on the Shop, in order to allow their storage and reproduction pursuant to Article 12 of Legislative Decree No. 70 of 9 April 2003. (Implementation of Directive 2000/31/EC)
1.4 Contracts entered into with Cardinali by accessing the Shop are governed by Italian law and, in particular, by Legislative Decree No. 206 of 6 September 2005 (Consumer Code) and by Legislative Decree No. 70 of 9 April 2003 (Implementation of Directive 2000/31/EC on certain legal aspects of information society services in the internal market, with particular reference to e-commerce).
2.0 Product Availability
2.1 All Products offered for sale on-line are subject to availability at the time. Cardinali reserves the right to vary the quantity and/or type of goods available for purchase at any time. The Customer will be informed promptly if his order is not available due to the unavailability of the product ordered.
3.0 Price
3.1 The prices of the Products are expressed in € (Euros). The Products are shipped in Italy, Europe and the United States and prices do not include VAT. Delivery costs are excluded.
3.2 Cardinali constantly checks that all prices indicated on the Shop are correct, without, however, guaranteeing the absence of errors. Should an error be found in the price of a product, Cardinali shall give the Customer the opportunity to reconfirm the purchase of the Products at the correct price or to cancel it.
4.0 Purchase modalities
4.1 The characteristics and prices of the Products are set out in the offer for each individual product in the Shop.
4.2 To purchase the Products, the Customer must fill in and send the purchase order form in electronic format to Cardinali, following the instructions contained in the Shop. In order to complete the order, the Customer must register in the Shop by entering the mandatory data and selecting a password; all details on how the data is processed are communicated to the Customer at the time of registration. After viewing and accepting the contribution for delivery costs, as well as the General Terms and Conditions, Privacy Policy and conditions on the right of withdrawal, he/she shall select the desired type of payment and send the order. By sending the order to Cardinali, the Customer acknowledges and declares that he has read all the information provided to him during the purchase procedure and that he accepts the General Conditions in full, also referred to via links.
5.0 Contract Conclusion
5.1 The Contract entered into between Cardinali and the Customer shall be deemed concluded when Cardinali sends you Confirmation of Order Acceptance by e-mail.
5.2 Cardinali shall send the Customer, by e-mail, a confirmation of acceptance of the purchase order sent by the Customer, containing a summary of the essential characteristics of the Products purchased, the date the order was placed, the delivery address chosen, a detailed indication of the price, the payment method chosen by the Customer, and the delivery costs. The Customer must without delay check the content of the communication and immediately report any errors or omissions to Cardinali. In the event that the Customer does not receive confirmation of order acceptance within 24 hours of placing the order, he must promptly contact Cardinali at the address: shop@cardinali.it
5.3 If the Customer so requests, at the same time as the order is sent, Cardinali shall issue an invoice for the goods shipped, sending it by e-mail or mail to the holder of the order, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice shall be issued on the basis of the information provided by the Customer when placing the order. No change in the invoice shall be possible after it has been issued.
5.4 Orders shall be filed in the Shop's database, in compliance with the provisions of Legislative Decree No. 196 of 30.06.2003 and shall be accessible in the "my orders" area.
6.0 Methods of Payment
6.1 The Customer may make payment of the price of the Products and delivery charges by Credit Card and Bank Transfer upon request.
6.2 For payment by credit card, the Customer will be directed to the page of the website of the banking institution that owns or operates the "on-line" payment service, to which he must communicate his credit card data via a connection protected against unauthorised access by means of 128-bit SSL (Secure Socket Layer) encrypted data transfer. This data is not accessible to third parties, not even Cardinali. For administrative accounting purposes, Cardinali reserves the right to verify the personal details provided by the Customer. The transaction will be charged only after the debit authorisation has been received from the company issuing the credit card used. Orders paid for by Credit Card will be immediately taken care of and processed in the shortest possible time. Orders paid by bank transfer will be shipped upon receipt of the amount, if payment is not received within 30 days of the order date they will be cancelled.
7.0 Transport and delivery
7.1 For security reasons, the signature of an adult over the age of 18 will be required at the time of delivery. No deliveries will be made to PO boxes.
7.2 Delivery costs shall be borne by the Customer and are clearly marked on the order form.
7.3 Orders will be processed and delivered from Monday to Friday, excluding public holidays and national holidays. Cardinali is not liable for unforeseeable delays, it being understood that, except in cases of force majeure, the Products shall be delivered within a maximum period of 30 (thirty) days from the day after the day on which the Customer transmitted the order to Cardinali.
7.4 For the delivery of the goods, the presence of the Customer or his agent at the address of the addressee indicated in the order is required. Upon delivery of the goods by the Courier, the Customer shall check: (A) that the number of packages delivered corresponds to the number indicated in the transport document (delivery note); (B) that the packaging is intact, undamaged, not wet or in any way altered, including the sealing materials. Any damage to the packaging and/or the product or the mismatch in the number of packages or indications must be immediately contested by placing a written control reservation on the Courier's proof of delivery. Once the Courier's document has been signed, the Customer may not raise any objection as to the external characteristics of what has been delivered. The Customer shall, without delay, communicate any problems by writing to the address: shop@cardinali.it
7.5 If Cardinali is unable to deliver the goods ordered as a result of the unavailability, even temporary, of the Products, it shall notify the Customer promptly, and in any event no later than 30 (thirty) days, by e-mail. The amount already paid by the Customer shall be refunded as soon as possible, and in any case no later than 30 (thirty) days from receipt of the purchase order.
7.6 Cardinali shall send the Customer a confirmation e-mail once the Products have been dispatched.
8.0 Right of Withdrawal
8.1 As provided for by the new Directive 2011/83/EU, implemented in Italy by Legislative Decree 21 FEBRUARY 2014, No. 21, the "Consumer" Customer (i.e. a natural person who purchases the goods for purposes unrelated to any entrepreneurial or professional activity carried out) has the right to withdraw from the contract without any penalty and without specifying the reason within 14 (fourteen) days from delivery of the product(s) purchased.
In order to exercise the right of withdrawal, the Customer shall send an e-mail to the following address shop@cardinali.it or by letter to the address: Via Cavour, 67 - 13046 Livorno Ferraris (VC) - Italy - a written communication, containing:
I) the manifestation of willingness to avail oneself of the right of withdrawal;
II) an indication of the Products for which the Customer wishes to avail himself of the right of withdrawal;
III) the progressive order number issued at the time of purchase.
Cardinali respects any manner chosen by the customer to exercise his right.
The Customer undertakes to return the Products within 14 (fourteen) working days from the time the request to exercise the right of withdrawal is made to the following address: Via Cavour, 67 - 13046 Livorno Ferraris (VC) - Italy.
8.2 The costs for the return of the Product shall be borne entirely by the customer. It is recommended that Products to be returned be shipped using an insured courier for tracking purposes. Cardinali shall not be liable for reimbursement or compensation for returned products that are lost, stolen or damaged.
8.3 Cardinali shall reimburse the full cost of the Products returned by the Customer, unused, undamaged and in their original packaging, including the costs incurred by the Customer at the time of the order for the delivery of the Products.
Cardinali shall undertake to reimburse the Customer promptly and in any event no later than 14 (fourteen) days from the date of receipt of the notice of withdrawal provided that the conditions of paragraph 8.1 above have been met. Refunds will be made by bank transfer. Cardinali will send an e-mail notification once the refund has been made. Cardinali reserves the right to refuse the return of those Products that do not comply with the requirements of paragraph 8.1 above.
9.0 Cancelling and Change Orders
9.1 If the Customer wishes to change or cancel the order submitted, he must promptly send an e-mail to the address: shop@cardinali.it Cardinali shall make every effort to comply with the Customer's request. However, once the Product has been shipped, the order may not be cancelled or modified until the goods shipped have been returned to Cardinali. In this case, reference is made to the discipline contained in paragraph 8.1 above.
10.0 Warranties, Conformity Defects, Complaints
10.1 Cardinali issues, pursuant to arts. 128-135 of the Consumer Code, a Legal Guarantee of Conformity on the product.
The legal guarantee of conformity is provided for in the Consumer Code (Articles 128 et seq.) and protects the consumer in the event of the purchase of defective products, which malfunction or do not respond to the use declared by Cardinali or for which that good is generally intended.
Should a Product sold by Cardinali present a defect or non-conformity, the Customer is entitled to have the defective item repaired or replaced by the seller, free of charge, unless the remedy requested is impossible or excessively burdensome compared to the other. If replacement or repair is not possible, the consumer shall nevertheless be entitled to a price reduction or to a sum in proportion to the value of the goods against return of the defective product to the seller. The customer shall contact Customer Service immediately, and never later than 60 days (sixty), at the address: shop@cardinali.it, mentioning the proof of purchase. Cardinali shall arrange, in agreement with the Customer, for replacement, repair or reimbursement, notifying the Customer of the modalities.
10.2 The legal guarantee lasts two years from delivery of the goods.
11.0 Product Liability
11.1 The provisions of Directive 1999/34/EC shall apply with regard to damage caused by the product.
12.0 Privacy
13.1 Cardinali aims to provide constantly updated information on the Site. However, it is not possible to guarantee that the Shop is completely error-free. The Shop may contain errors, inaccuracies or omissions, some of which may refer to the price and availability of the Product, and to the Product information sheet itself. Cardinali reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted and also reserves the right to change or update the information at any time without prior notice.
13.0 Errors
13.1 Cardinali aims to provide constantly updated information on the Site. However, it is not possible to guarantee that the Shop is completely error-free. The Shop may contain errors, inaccuracies or omissions, some of which may refer to the price and availability of the Product, and to the Product information sheet itself. Cardinali reserves the right to correct errors, inaccuracies or omissions even after an order has been submitted and also reserves the right to change or update the information at any time without prior notice.
14.0 Guarantee of Authenticity
14.1 Cardinali Brand Products sold on the Internet via the website www.cardinali.it are guaranteed "Cardinali Original".
15.0 Intellectual Property
15.1 All intellectual property rights such as trademarks, service marks, form marks and copyrights are the exclusive property of Cardinali. No page or content of this Shop may be reproduced, transferred, modified, linked and used for public or commercial purposes without prior and express written permission.
16.0 Applicable law, dispute resolution, jurisdiction
16.1 The terms and conditions of access to the Shop are governed by and shall be construed in accordance with the laws of Italy.
16.2 In the event of any disservice or dispute between Cardinali and the Customer, we guarantee as of now our participation in an attempt at amicable conciliation before the legally prescribed bodies.
16.3 For any action arising from or related to the conditions, navigation or use of the Shop, the Court of Turin shall have jurisdiction.
17.0 ADR (Joint Conciliation)
17.1 Pursuant to Article 49(1)(V) of Legislative Decree No. 206 of 6 September 2005 (Consumer Code), the Customer may avail itself of the Joint Conciliation Procedure.
The Procedure may be initiated if the consumer, after having complained to the company within thirty days, has not received a reply or has received a reply that is not satisfactory to him.
18.0 ODR
18.1 Pursuant to Article 14 of Regulation 524/2013, the Customer is hereby informed that in the event of a dispute he/she may lodge a complaint by means of the ODR platform of the European Union available at the following link http://ec.europa.eu/consumers/odr/. The ODR platform is an access point for users wishing to resolve disputes arising from online sales or service contracts out of court. For more information, please contact: shop@cardinali.it
19.0 Contacts
19.1 For further information and assistance on the Shop or on how to purchase online, please contact us at the following e-mail address: shop@cardinali.it.