Term and Conditions

Terms and Conditions of Sale Effective as of June 13th, 2014 for contracts entered into after such date. These Terms and Conditions of Sale regulate the supply and sale of products in this website stefanocau.com (hereinafter, the "Site"). The products commercialized within the Site (hereinafter, the "Products") are supplied and sold by STEFANO CAU SRL, with registered office in Via Adamo del Pero 6, 22100 Como (CO) - Italy, registered in the Company Register of Como, VAT 03583070135. The Site is owned by STEFANO CAU SRL, which is also the owner of the domain name. ******** 1. Scope and Browsing of the Site 2. Purchase on the Site 3. Registration within the Site 4. Information required for entering into a contract 5. Product Availability 6. Information about the Products 7. Prices 8. Purchase orders 9. Payment forms 10. Delivery of the Products 11. Right of withdrawal 12. Legal Warranty of Conformity 13. Manufacturer's Conventional Warranty 14. Flash Sales and Competitions 15. Applicable law 16. CUSTOMER SERVICE AND COMPLAINTS 1. Scope and Browsing of the Site 1.1 The supply and sale of Products on the Site represent a distance sales contract regulated by Chapter I, Title III (Section 45 et ss.) of the Legislative Decree 6 September 2005, No. 206 ("Consumer Code") and by Legislative Decree 9 April 2003, No. 70 on electronic commerce. 1.2 The Terms and Conditions of Sale apply to all sales carried out by STEFANO CAU on the Site. 1.3 The Terms and Conditions of Sale may be amended at any time. Any amendments and/or new conditions shall come into force starting from their publication on the Site, in the "Terms and Conditions of Sale" section. Users are therefore invited to visit the Site on a regular basis and, prior to any purchase, to read the most recent version of the Terms and Conditions of Sale. 1.4 The applicable Terms and Conditions of Sale are those in force at the date on which a purchase order is placed. 1.5 These Terms and Conditions of Sale do not regulate the sale of products and/or the supply of services by parties other than STEFANO CAU, which are available on the Site through links, banners or hyperlinks. Before engaging in commercial transactions with these parties, the user shall check their conditions of sale. STEFANO CAU is not liable for the supply of services and/or the sale of products by these parties. STEFANO CAU does not carry out any checks on and/or monitoring of the websites that can be reached through these links. STEFANO CAU therefore takes no responsibility for the contents of these sites or for any possible mistakes and/or omissions and/or legal violations by the said websites. 1.6 The user shall carefully read these Terms and Conditions of Sale, made available by STEFANO CAU in the "Terms and Conditions of Sale" section of the Site and which can be stored and reproduced, as well as other information that STEFANO CAU provides in the Site, both before and during the purchase procedure. 1.7 The Terms and Conditions of Sale are applicable in all the States, each of which is associated with a specific section of the Site. 1.8 The Site allows each user to surf the Site and, upon registration, to make purchases in any "Country", regardless of the State where the user is located when visiting the Site. 1.9 When the user logs in the Site, the Site recognises, through the IP address, the State from where the user is logging in. 1.10 The Country selected for surfing is therefore the one associated with the State from where the user is logging in the Site. 1.11 Any change in the Browsing Country, made after the beginning of the purchase procedure - which coincides with the moment in which the user, in order to put a product in the shopping bag, clicks on "Buy" - is allowed, but determines the interruption of the purchase procedure, the emptying of the shopping bag and the re-directing of the user to the home page of the chosen "Country". 2. Purchase on the Site 2.1 The purchase of Products on the Site is allowed only to those subjects that: i. are 18 years old or over; ii. act in their capacity as consumers, defined as natural persons who, with regard to the purchase of Products, act for purposes unrelated to any business, commercial, professional or craft activities that they may have; iii. are registered on the Site in accordance with Article 3 here below. 2.2 The user is allowed to purchase more than one Product within the same order ("Multiple Order"). However, it is not possible to buy more than five items of the same Product in one order. Resellers, wholesalers or all those persons who intend to purchase the Products for the purpose of resale are not entitled to make purchases on the Site. It is therefore forbidden to these parties and all those persons who are not consumers to register on the Site or make purchases on the Site. Subjects mentioned in Article 10.11 are also forbidden to purchase on the Site. 2.3 Should any violations of the above provisions occur or any irregularities in relation to the quantity of products purchased or the frequency of purchases made be noted, STEFANO CAU reserves the right to undertake all actions required to ensure that such violations or irregularities cease immediately, including the suspension of the access to the Site, the cancellation of the registration or the non-acceptance or cancellation of irregular orders. 2.4 Lastly, STEFANO CAU reserves the right to refuse or cancel orders placed by: i. a user with whom the company has on-going legal disputes; ii. a user who has previously violated the conditions and/or terms of the purchase contract with STEFANO CAU; iii. a user who has been involved in fraud of any type and, in particular, in fraud related to credit card payments; iv. users who have provided false, incomplete or inaccurate identification data, or users who have not promptly sent to STEFANO CAU the documents requested in relation to the procedure set forth by Article 9.4 below or who have sent not valid documents. 3. Registration within the Site 3.1 The purchase of Products on the Site may only take place upon registration within the Site. 3.2 Registration within the Site is free. To register within the Site, the user must fill out the registration form, entering his/her name, surname, title, an e-mail address and a password and then clicking on "Register". Confirmation of registration will be sent to the user by e-mail. 3.3 The Country in which the user is surfing at the time of registration within the Site is hereinafter referred to as the Registration Country. The Registration Country cannot be modified. Each user may use only one registration. 3.4 The registration within the Site, by opening a personal account called "My Account", enables the user to: i. save his/her own addresses; ii. have access to all the information regarding orders and returns; iii. manage his/her own personal data and update them at any time. 3.5 The registration credentials (e-mail address and password) enable the user to make purchases on the Site. They should therefore be preserved with extreme care and attention, can only be used by the user and cannot be transferred to third parties. The user hereby undertakes to keep them secret and to ensure that no third party gains access to them. The user also undertakes to inform STEFANO CAU immediately if he/she has suspicion of or becomes aware of any illegal use or disclosure of the said data. 3.6 The user hereby guarantees that the personal data provided during the registration procedure for the Site are complete and truthful and undertakes to indemnify and hold harmless STEFANO CAU from and against any losses, damages and/or liabilities deriving from and/or in any way connected to the violation by the user of the provisions concerning registration within the site or the storage of registration credentials. 3.7 Registration within the Site implies acceptance of these Terms and Conditions of Sale. 4. Information required for entering into a contract 4.1. In accordance with Legislative Decree of April 9, 2003, No. 70 containing provisions related to electronic commerce (e-commerce), STEFANO CAU hereby informs the user that: i. to conclude the purchase contract of one or more Products on the Site, the user must fill out an order form in electronic format and send it to STEFANO CAU electronically, following the instructions that will appear from time to time on the Site; ii. the contract is concluded when the order form reaches the server of STEFANO CAU; iii. before submitting the order form, the user will be able to identify and correct any errors in the inserted data, by following the instructions on the Site; iv. once the order form has been submitted and upon confirmation of the validity of the payment instrument used, except for what specified in Article 9.3 and following paragraphs, STEFANO CAU will send to the user, at the indicated e-mail address, the confirmation of the order. v. the order form will be filed in the database of STEFANO CAU for the time required for the completion of the contract and, in any case, according to the procedures and time limits set forth by law. 4.2. The languages available to users for the conclusion of the contract are Italian, English. Customer Service can communicate with users in the same languages. 5. Product Availability 5.1. The Products offered in the Site are articles of clothing and accessories contained in the electronic catalogue published on the Site at the time when the user places the order. 5.2. Product availability is constantly monitored and updated. Nevertheless, since the Site may be visited simultaneously by various users, it is possible that more than one user purchases the same product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually finished or not immediately available, since it is necessary to wait for new availability. 5.3 Should the Product prove unavailable for the aforementioned reasons or in other cases of unexpected unavailability of the Product, without prejudice to any other legal rights of the user and, especially, to Book IV, Title II, Chapter XIV of Italian Civil Code, STEFANO CAU will immediately inform the user by e-mail. The user will therefore be entitled to terminate the contract, without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code. Alternatively and without prejudice to this right, the user might accept one of the following STEFANO CAU proposals: i. should the Product become available again: an extension of the terms of delivery, with indications, on the part of STEFANO CAU, of the new term of delivery of the Product; ii. should the Product not become to be available again: the supply of a different Product, of equivalent or higher value, upon payment, in the latter case, of the difference, upon prior approval of the user. The user's choice shall be promptly communicated to STEFANO CAU, via e-mail, to the e-mail address indicated Article 14 following. 5.4 If the user avails himself/herself of the right to terminate the contract whereof in Section 61, paragraphs IV and V of the Consumer Code, and the payment of the total sum due - given by the price of the Product, the delivery fees, if applicable, and any other additional cost, resulting in the order) - has already been made, STEFANO CAU will refund the Total Sum Due without undue delay and, in any case, within 15 working days starting from the day on which of the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of bank transfer, STEFANO CAU will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum. 5.5 In case of Multiple Order, if the unexpected unavailability concerns some of the Products only within the Multiple Order - without prejudice to the user's legal rights and, especially, Book IV, Title II, Chapter XIV of the Italian Civil Code, and without prejudice to the application of Articles 5.3 and 5.4 above, if the unexpected unavailability affects all Products within the Order - STEFANO CAU will promptly warn the user via e-mail. The user will therefore be entitled to immediately terminate the contract, limited to unavailable Product(s), without prejudice to the damage compensation, in conformity with Section 61, paragraphs IV and V of the Consumer Code. As an alternative, and without prejudice to the right to compensation, the user might accept one of the following STEFANO CAU proposals: i. should the Product(s) within the Multiple Order become available again: an extension of the terms of delivery, with indications of the new term of delivery of the Product; ii. should the Product(s) within the Multiple Order not become to be available again : the supply, in substitution of the unavailable Product(s), of a different Product(s), of equivalent or higher value, upon payment, in the latter case, of the difference, given prior approval of the user. The user's choice shall be promptly communicated to STEFANO CAU, via e-mail, at info@stefanocau.com. 5.6 In case the user avails himself/herself of the termination right, as specified in Section 61, paragraphs IV and V of the Consumer Code, the purchase contract of those unavailable Product(s) within the Multiple Order will be partially terminated, limited to such Product(s), with resulting refund, in case it has already been paid, of the amount due for the Product(s), and any other possible cost specifically related to the Product(s). The termination of the entire Multiple Order will occur only if the unavailable Product(s) of the Multiple Order is/are considered ancillary in respect to the other Product(s), that are available. The Partial Sum Due to the user with reference to the unavailable Product(s) will be refunded without undue delay and, in any case, within 15 working days starting from the day on which the order has been placed. The user shall be informed of the sum of the refund by e-mail and the sum will be credited to the user with the same form of payment used by the user for the purchase. In case the payment was made by means of bank transfer, STEFANO CAU will request the user to provide his/her bank account details necessary for the refund. Any delays in crediting the amount may depend on the bank, the type of credit card or the form of payment used. In any case, the value date of the credited sum shall be the same as the charged sum. PRE-ORDER PRODUCTS 5.7 Without prejudice to what expressed in Articles 5.2, 5.3 and 5,4 above, STEFANO CAU reserves its right to offer the user the opportunity to purchase in advance Products belonging to new collections before they are even manufactured. The Products which can be purchased before their own manufacture will be listed in a dedicated section on the Site and/or will be identified with the "Pre-order" caption ("Pre-order Products "); in the Product Sheet of each Pre-order Product, as well as during the whole purchase procedure, and, anyway, before the user is bound to the purchase contract of the Pre-order Product, the date the Pre-order Product will be available will be notified. Pre-order Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale. Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Pre-order Products; this e-mail will be different from the one concerning Products, other than Pre-order Products, which might be purchased by the user together with Pre-order Products and/or Back-order Products. The effective charge of the Total Sum Due for the Pre-order Products will take place only once the Pre-order Product is shipped. If the payment is made with credit card, the user will be charged no amount before said date; if the payment is made with Paypal, contrary to what specified in Article 9.6 following, the subsequent procedure will follow: contextually with the purchase of a Pre-order Product, STEFANO CAU will proceed, through Paypal, to the charge and contextual credit entry of the Total Sum Due; at the moment of the shipping the user will be requested, through Paypal, a new authorization to the charge of the Total Sum Due, and the effective charge will take place only in case this authorization will be provided . Those who purchase a Pre-order Product will be notified via e-mail of the supervening availability and concurrent shipping of the purchased Pre-Order Product(s). Unless otherwise specified during the purchase process, all Pre-order Product(s) will therefore be delivered within the terms provided in the Product Sheet, with reference to the delivery option selected by the user at the time of purchasing the Pre-order Product. The delivery terms will start from the day the user receives the Availability and Shipping Confirmation E-mail. In case the Pre-order Product is not manufactured, or in case of failed or delayed delivery, the provisions of which in Article 10.12 following will be applied. All other provisions in the Terms and Conditions of Sale will also apply. Back-order Products 5.8 Without prejudice to what expressed in Articles 5.2, 5.3 and 5,4 above, STEFANO CAU reserves its right to offer the user the opportunity to purchase Products which, even if not currently available in the electronic catalogue of the Site (because momentarily out of stock, for instance), can be selected by the user to be purchased. These Products will be listed in a dedicated section on the Site and/or will be identified with the "Back-order" caption ("Back-order Products"). In the Product Sheet of each Back-order Product, as well as during the whole purchase process and, anyway, before the user is bound to the purchase contract of the Back-order Product, the date the Back-order Product will be available again will be notified. Once the purchase contract is entered into, the user will receive an order confirmation e-mail, meeting the legal requirements as specified in Article 4.1 iv, but specifically referred to Back-order Products; this e-mail will be different from the one concerning Products other than Back-order Products which might be purchased by the user together with Back-order Products and/or Pre-order Products. Back-order Products can be purchased and paid by the user through the same payment methods specified in the Terms and Conditions of Sale; the effective charge of the Total Sum Due for Back-order Products will take place as specified in the second paragraph of Article 5.7 above. Those who purchase a Back-order Product will be notified via e-mail of the supervening availability and concurrent shipping of the purchased Back-Order Product(s). Unless otherwise specified during the purchase process, all Back-order Product(s) will therefore be delivered within the terms provided in the Product Sheet, with reference to the delivery option selected by the user at the time of purchasing the Back-order Product. The delivery terms will start from the day the user receives the Availability and Shipping Confirmation E-mail. In case the Back-order Product will not be available again, or in case of failed or delayed delivery, the provisions of Article 10.12 following will apply. All other provisions in these Terms and Conditions of Sale will also be effective, if applicable. 6. Information about the Products Each Product is accompanied by a product information sheet which illustrates its main features ("Product Sheet"). The images and descriptions on the Site reproduce the features of the Products as faithfully as possible. However, the colours of the Products may differ from the actual ones due to the settings of the computer systems or the computers used by users to visualize them. Moreover, the images of the Product in the Product Sheet may differ in dimension or in relation to accessory products. These images must therefore be understood as approximate and with the usual tolerance values. For the purposes of the purchase contract, the description of the Product in the order form transmitted by the user shall be considered valid. 7. Prices 7.1 All the prices of the Products published on the Site are expressed in Euros (or in local currency outside the European territory) and are inclusive of Value Added Tax - IVA. 7.2 Users are hereby informed that, due to various factors, including the business policy of the owners of the brands, the price of the Products offered for sale on the Site may differ according to the different Countries. 7.3 STEFANO CAU hereby reserves the right to change the price of Products at any time, without prior notice, it being understood that the price charged to the user shall be the one indicated on the Site at the time of placing the order and will not take account of any variations (either increases or decreases) subsequent to the transmission of the said order. 7.4 If a Product is offered on the Site at a discounted price, the Product Information Sheet shall indicate (i) the full price with respect to which the discount has been calculated and (ii) what this full price corresponds to. It will be understood that the offer of Products at discounted prices shall only take place if the full price of the Product corresponds to the actual market price of the Product. 7.5 Customers outside of EU do not have to pay Italian VAT, VAT deductions will apply during the check out. Non EU customers are required to pay custom duty or import duty. 8. Purchase orders 8.1 The Products shall remain the property of STEFANO CAU until the payment of the Total Sum Due by the user is made. If the Total Sum Due is not paid or if the successful outcome of the payment is not confirmed, the purchase contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code, without prejudice to what expressed in Article 9.3. The user shall be informed by e-mail of the contract termination and of the subsequent cancellation of the order. 8.2 STEFANO CAU will deliver the Products only after receiving the confirmation of the successful payment of the Total Sum Due by the user. Any risk of loss or damage of the Product(s) which cannot be attributed to STEFANO CAU, will be handed over to the user, when this latter or a third party designated by the user and other than the carrier, will materially come into possession of the Product(s). 8.3 In the event that, after the purchase of a Product and its delivery to the user, the user wishes to replace it - without prejudice to the rights the user has in accordance with the law and according to the provisions of Articles 11, 12 and 13 of these Terms and Conditions of Sale - the replacement shall occur within 14 days as of the date on which the Product that the userpurchased has been delivered, provided that: (i) the Product is intact, complete in all its parts, equipped with all accessories, illustrative sheets, identification tags and labels, placed inside its original packaging together with a copy of the purchase invoice and of the exchange form whereof in the following paragraph, duly filled out in all its parts, and that (ii) the Product requested by the user as a replacement for the one originally purchased is available on STEFANO CAU. In order to proceed with the replacement whereof in the paragraph above, the user shall follow the procedure specified in the document providing the exchange form and the related replacement instructions, available on the website under “Return Policy”. Should STEFANO CAU verify that the replacement procedure specified in this Article 8.3 has been correctly followed by the user, STEFANO CAU will: (i) refund the amount paid for the Product (delivery expenses the user might have incurred for purchasing the item he/she wishes to replace and any other additional cost paid as a result of the order not included) without undue delay and in any case within and no later than 3 working days as of the moment STEFANO CAU receives the parcel containing the item the user is returning. The refund will occur using the same payment method used for the initial transaction. The user will be also sent a refund confirmation e-mail; (ii) charge the user with the price of the item he/she has requested as a replacement once STEFANO CAU will send it to the user (regardless of the price being the same, or lower, or higher if compared to that of the product originally purchased in the first place) using the same payment method used for the initial purchase. At the time of shipping the user will be sent a shipping confirmation e-mail; (iii) deliver the item the user has selected as a replacement, once STEFANO CAU receives the parcel with the item the user means to replace, within the terms of delivery specified in the instructions whereof in this Article 8.3, second paragraph, above. 9. Payment forms 9.1 The payment of the Products purchased on the Site can be made by credit card or PayPal. The credit cards accepted by STEFANO CAU are specified in the footer, on the bottom right of every page of the Site. If one of the payment methods cannot be used in regard to a specific Product, this will be explicitly specified on the Site, at the latest at the beginning of the purchase procedure. Moreover, if the user cannot complete the payment with credit card, STEFANO CAU reserves the right to accept payments via bank transfer, as specified in Article 9.3 and related paragraphs. In case of replacement of Product(s) upon the user's request, as regulated in Article 8.3 above, STEFANO CAU will proceed with the refund and subsequent charge as described in Article 8.3, last section, par. (i) and (ii) above. 9.2 In the case of payment by credit card, STEFANO CAU, at the time of order placement, will not charge the Total Sum Due but will merely check the validity of the card and the absence of possible blocks. The charge of the Total Sum Due will only be made at the time of shipping. 9.3 If the user cannot complete the payment of the order with credit card (for example: negative feedback during the verification of the credit card validity and/or absence of blocks; lack of funding on bank account the credit card is tied to; reaching of the maximum expense cap, etc.) and in case STEFANO CAU decides not to terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code, the user's order will be suspended and the Customer Service will contact the user to offer him/her bank transfer payment as an alternative. 9.3.1 In case the user accepts to pay via bank transfer, the Customer Service will send him/her an e-mail including the bank account details for the bank transfer. 9.3.2 The payment of Products via bank transfer should be made within and no later than four working days of receipt of the e-mail whereof in Article 9.3.1. Failure to comply will cause the automatic termination of the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code. The termination contract, of which the user will be notified vie e-mail, will imply the cancellation of the order and the refund of the Total Sum Due, possibly paid with delay. Article 5.4. above is applicable, as the case may be. 9.3.3 In case of payment via bank transfer, the delivery term of the Product(s) will be effective starting from the bank transfer receipt date on the part of STEFANO CAU or from the receipt date of the bank transfer receipt on the part of STEFANO CAU, depending on which of these two cases happens first. To facilitate the connection between bank transfer payment and the order, the user is required to specify: . Order number; . Date of transmission of the order; · First and Last name of the order's holder in case it differs from the bank account holder's name. It is advisable for users to promptly send to STEFANO CAU, via e-mail, the receipt of successfully completed bank transfer. 9.3.4 The information whereof in Articles 9.3.1, 9.3.2 and 9.3.3 will be included: (i) in the order confirmation e-mail, as specified in Article 4.1 (iv) above, if it has not already been sent to the user, or (ii) in a dedicated e-mail, in case the order confirmation e-mail whereof in Article 4.1 (iv) has already been sent to the user. 9.4 In order to guarantee the security of payments made on the Site and to prevent any fraud, STEFANO CAU hereby reserves the right to request the user, by e-mail, to send, using the same procedure, a copy (front and back) of his/her currently valid ID card, and, in case the order's holder is different from the ID card's holder, the ID card of the latter. The e-mailed request will specify the term by which the document shall be sent to STEFANO CAU. This term will not, in any case, be more than 5 working days starting from receipt of the request by the user. While waiting for the requested document, the order shall be suspended. The user is required to send the document requested within the indicated term. If STEFANO CAU does not receive these documents within the term indicated in the e-mailed request or receives expired or not valid documents, the contract shall be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code and the order shall be duly subsequently, without prejudice to the right of STEFANO CAU to claim damages that STEFANO CAU may incur due to the non-compliance of the user. The contract, termination of which the user shall be informed by e-mail, within and no later than 5 working days from the expiry of the term for sending the documents requested by STEFANO CAU, shall lead to the cancellation of the order and the refund of the Total Sum Due which may already have been paid by the user, with the application of the refund methods specified in Article 5.4, if compatible. If STEFANO CAU receives valid documentation within the indicated term, the terms of delivery applicable to the Product shall start from the date of receipt of the said documentation. 9.5 In case of PayPal payment, the user will be redirected to the website www.paypal.com where he/she shall make the payment for the Products on the basis of the prescribed procedure regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data inserted on the PayPal website will be processed directly by PayPal and will not be sent to or shared with STEFANO CAU. STEFANO CAU is therefore unable to know, or memorize in any way, the credit card details linked to the user's PayPal account, or the details of any other form of payment linked to the said account. 9.6 If payment is made through PayPal, the Total Sum Due will be charged by PayPal to the user's account at the same time as the conclusion of the online contract. In the case (contract is terminated or in any other case of refunding, for any reason, the amount of the refund due to the user ("Refund Amount") shall be credited to the user's PayPal account. The term for crediting the sum on the payment tool linked to this account depend exclusively on PayPal and the bank system. Once the credit order has been arranged in favour of the said account, STEFANO CAU shall not be deemed liable for any delays or omissions in the crediting of the refund to the User. For any such problems, the user shall directly contact PayPal directly. 9.7 In any case the invoice shall be issued at the moment of delivery and shall be sent via e-mail to the user, to the user's registered e-mail address. 10. Delivery of the Products 10.1 Delivery of the Products purchased on the Site is carried out in all the States indicated in Article 1.7 above, at the delivery address indicated by the user in the order form. However, delivery can only be made in the territory of the State associated with the "Country" in which the user is surfing at the time in which he/she begins the purchase procedure by clicking on "Add to basket" ("Country of Purchase") (e.g.: if the user, when beginning the purchase procedure of the product x and clicking on "Add to Basket", is surfing in the "Country" Italy, the delivery of the product can only be undertaken in Italy). 10.2 The user is therefore obliged to insert in the order form a delivery address which is located within the territory of the State associated with the Country of Purchase. Orders that contain the indication of a delivery address outside such territory shall be cancelled pursuant to and in accordance with Section 1456 of the Italian Civil Code and the Total Sum Due shall be refunded, if already paid, using the procedures and within the terms indicated in the previous Article 5.4, if compatible. 10.3 Delivery cannot be made to the Channel Islands nor at P.O. Boxes or poste restante. If the delivery address is a P. O. box, or one of the above mentioned places, STEFANO CAU shall terminate the contract pursuant to and in accordance with Section 1456 of the Italian Civil Code and refund the Total Sum Due, if already paid, using the procedures and within the terms indicated in the previous Article 5.4. 10.4 The expenses for delivery of the Products, which may vary according to the delivery procedure chosen by the user, and any other possible cost, will be borne by the user, except where otherwise stated in the Product Information Sheet or in other parts where this is communicated. The amount of the expenses shall be expressly and separately indicated (in Euros and inclusive of VAT) in the Product Information Sheet and, in any case, before the user proceeds with the placement of the order, as well as in the e-mail confirming the order. Customers outside of EU do not have to pay Italian VAT, VAT deductions will apply during the check out. Non EU customers are required to pay custom duty or import duty. In case it is necessary to refund the delivery expenses due to withdrawal from a Multiple Order as specified in Article 11 following, STEFANO CAU will proceed in refunding the cost of said expenses only if the user intends to withdraw the entire Multiple Order; in such case, the cost of the delivery expenses will be fully refunded. Otherwise, the refund will not take place, given to the fact that the delivery fees incurred by the user (which STEFANO CAU always considers as a fixed amount, regardless the number of ordered Products) are attributable to the delivery of other Products, other than those the user has withdrawn, part of the Multiple Order. 10.5 The terms of delivery are those indicated in the Product Sheet, before the user places the order, and in the e-mail confirming the order. They are eddective from the moment the order is placed,, sawed what expressed in Article 9.3.3. In the case of omission of a term of delivery, this will take place, in any case, within thirty days, effective from the day the contract is concluded. The delivery terms are calculated considering only working days and excluding Saturdays, Sundays and holidays. 10.6 At the time of shipping (i.e. the moment the Products to the carrier), the user shall be sent an e-mail confirming the delivery and containing, where applicable, a link that will allow him/her to track the delivery. 10.7 Deliveries shall be made using the DHL courier service, from Mondays to Fridays in normal office hours, excluding national holidays. STEFANO CAU hereby reserves the right to use other carriers and/or to use different forms of delivery. In this case the change shall be indicated in the Product Information Sheet or with another dedicated form of communication. 10.8 The obligation to delivery is fulfilled through the transfer of material availability or, in any case, of the Product(s) control to the user. 10.9 It is the responsibility of the user to check the conditions of the Product upon delivery. Provided that the risk of loss or damage of Products, not attributable to STEFANO CAU, is transferred to the user when the user or a third party designated by him/her and other than the carrier materially comes into possession of the Products. The user is strongly advised to check the state of the packaging and the number of Products received and the user is requested, where possible, to indicate any anomalies in the transport document of the carrier. If the package displays signs of tampering or alteration, the user should immediately communicate this to the Customer Service department; it being understood that the regulations regarding the right of withdrawal and legal guarantee of conformity still apply. 10.10 The user acknowledges that, in accordance with the purchase agreement, it is his/her duty to collect the parcel. Should the parcel not be delivered as a result of the recipient not being present at the address stipulated on the order form, the courier will leave a missed delivery notification at the recipient's delivery address, with a number to phone for arranging a second delivery. This second delivery attempt will then take place within 10 working days following the first delivery attempt. If the second delivery attempt is not possible for reasons that are not the fault of the courier, that is, if the recipient is not present again, then the parcel's status will be updated to "undelivered". The Customer Services Department will then send an email to the user in order to approve the parcel for redelivery and ensure that it is delivered as soon as possible. If necessary, the Customer Services Department will agree a different shipping address with the user. The user acknowledges and accepts that, for certain cities and/or regions, should the recipient not be present at the address stipulated on the order form it will not be possible, for reasons beyond the control of STEFANO CAU and the courier, to follow the aforementioned procedure. In this case, after leaving a missed delivery notification to inform the user that the parcel has been listed as "undelivered", the courier will leave the parcel at an agreed collection point whose address, contact details and opening hours will be specified on the notification. The user will then have 10 working days to collect the parcel from the collection point indicated. Before confirming an order, we invite the user to contact the courier used by STEFANO CAU, at the telephone number we have provided him, in order to find out what procedure the courier follows in the specific region where the Product is to be delivered should the recipient not be present. If, (i) the Customer Service Department is unable to contact the user due to the latter's failure to respond; or, in the event that the user is not present and the undelivered parcel is sent to an agreed collection point, (ii) the user fails to collect the parcel from the agreed collection point in accordance with the terms, or (iii) it is not possible to deliver the parcel to the user as described above, for reasons that are not the fault of STEFANO CAU and/or the courier used by STEFANO CAU, the Product will be returned to STEFANO CAU. In any case, after 30 working days from the first delivery attempt, the contract will be terminated and the purchase order will consequently be cancelled in accordance with art. 1456 c.c.. Within 15 working days following the termination of the contract, STEFANO CAU will refund the sum paid by the user, minus the shipping costs for the undelivered Product, the cost of returning it to STEFANO CAU and any other fees incurred due to the failed delivery attempts caused by the recipient not being present at the delivery address. The user will be informed via email of the termination of the contract and the sum to be refunded. The refund will be credited to the same means of payment used by the user for the purchase. If the user has paid by bank transfer, STEFANO CAU will ask the user to provide his/her bank details. The time taken to credit the amount will depend on the bank, the type of credit card and the payment method used. In any case, the value of the credited sum will be the same as the sum debited. In the event that, before the end of the thirty-day period, the user asks for the Product to be redelivered, STEFANO CAU will arrange for the Product to be delivered and will charge for the delivery costs, the cost of returning the Product to STEFANO CAU and the storage costs. 10.11 Anyone who has not collected the parcel on more than two occasions cannot make purchases on the Site. If these parties should make orders which violate this provision, the purchase contract can be considered legally terminated pursuant to and in accordance with Section 1456 of the Italian Civil Code. The user shall be informed of the termination of the contract by e-mail and the Total Sum Due shall be returned to the user using the procedures and terms in accordance with the above Article 10.10. 10.12 If the purchased Product is not delivered or its delivery is delayed with respect to the terms of delivery indicated in the Product Sheet and in the order confirmation, the user, in accordance with Section 61 of the Consumer Code, requests STEFANO CAU to carry out the delivery within an additional time limit suitable to the circumstances ("Additional Time Limit ex Section 61, paragraph III, Consumer Code"). If this additional time limit expires before the Products are delivered, the user is entitled to terminate the contract ("Termination of the Contract ex Section 61, paragraph III, Consumer Code"), without prejudice to the right to damage compensation. The user is unencumbered with granting STEFANO CAU the Additional Time Limit ex Section 61, paragraph III, Consumer Code if: a) STEFANO CAU has expressly refused to deliver Products; b) The compliance to the delivery time specified during the purchase procedure and in the order confirmation shall be considered essential, always considering all the circumstances that have led to entering into the contract ; c) The user has informed STEFANO CAU, before entering into the contract, that the delivery on or before a certain date is to be considered essential. In the Excluded Cases appendix if the user does not receive the Products on or before the delivery time indicated during the purchase process and in the order confirmation is entitled to terminate the contract immediately, without prejudice to the damage refund. The specification of the Additional Time Limit ex Section 61, chapter III of the Consumer Code and the notification of the Termination of the Contract ex Section 61, paragraph III, Consumer Code, or Termination of the Contract in Excluded Cases shall be notified by the user to STEFANO CAU to the addresses specified in Article 16 following. In case of Termination of the Contract ex Section 61, paragraph III, Consumer Code or Termination of the Contract in Excluded Cases, STEFANO CAU will refund the user the Total Sum Due without undue delay. The refund shall occur as specified in Article 10.16 following. In case the user does not proceed in setting the Additional Time Limit ex Section 61 paragraph III of the Consumer Code, or, if the conditions occur, in the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in Excluded Cases, except in the case the user avails himself/herself of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, Stefano Cau undertakes to: i. Promptly notify the user via e-mail of the delayed delivery, simultaneously specifying the new delivery term, if available; ii. Refund to the user the delivery expenses, if already paid, within 10 working days of the New Delivery Term due date, in case of delivery with a delay from 1 to 3 working days in respect to the New Delivery Term, or not requesting the payment of the delivery expenses if not yet paid; iii. allow the user, upon request of the user, to reject the delivery and terminate the contract in case of delivery with a delay from 4 to 10 working days in respect to the New Delivery Term - with consequent refund of the Total Sum Due if already paid, immediately and, anyway, within 10 working days as of the request of termination of the contract - or, as an alternative, in case the user does not intend to terminate the contract, to refund the user the delivery expenses, if already paid, within 10 working days as of the request, or not to request the payment of the delivery expenses if not already paid for; iv. offer the user, in addition to what expressed in Article. 10.12 above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference upon the user's express acceptance, if the delay is higher than 10 working days in respect to the New Delivery Term or, in any case, higher than 20 working days in respect to the original delivery date. 10.13 In case of Multiple Orders containing Products which need to be delivered separately, the provision whereof in Article 10.12 above will find independent application for each delivery case. In respect to each delivery and therefore, limited to the Products pertaining the same, the user may proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code and the Termination of the Contract ex Section 61, paragraph III of the Consumer Code, or the Termination of the Contract in Excluded Cases, if the conditions occur. In this case, STEFANO CAU will refund the User the Partial Sum Due without undue delay. The refund will occur according to what expressed in Article 10.16 following. In case the user does not proceed in setting the Additional Term ex Section 61, paragraph III of the Consumer Code or, if the conditions occur, the Termination of the Contract ex Section 61, paragraph III of the Consumer Code or the Termination of the Contract in the Excluded Cases, in regard to each delivery and related Products, without prejudice to the possibility for the user to avail himself/herself at any time of these reliefs and/or the ordinary legal means at disposition and, especially, in Chapter XIV, Title II, Book IV of the Italian Civil Code, STEFANO CAU undertakes to: i. Promptly send to the user the Delay Notice E-mail, simultaneously specifying the new delivery term, if available; ii. in case of delivery of one of the Products included in the Multiple Order with a delay from 1 to 3 working days in respect to the New Delivery Term, refund the user the delivery expenses, if already paid, calculated as indicated in Article 10.4 above, within 10 working days of the New Delivery Term due date, or not requesting the payment of the delivery expenses, if not yet paid. iii. Allow the user, upon his/her request, to reject the delivery and partially terminate the contract, limited to and in exclusive reference to the Product included in the Multiple Order that has been delivered with delay, in case of delivery of one of the Products included in the Multiple Order with a delay from 4 to 10 working days in respect to the New Delivery Term, with subsequent refund of the sole amount paid by the user for that specific Product, including delivery expenses, calculated as indicated in Article 10.14 above, immediately and, anyway, within 10 working days as of the request of partial termination of the contract, or, as an alternative, in case the user does not intend to partially terminate the contract, to refund the user - within 10 working days as of the request - the delivery expenses, if already paid, within 10 working days of the request, or not to request the payment of the delivery expenses, if not already paid for. The termination of the entire Multiple Order shall occur only if the not delivered Product(s) of the Multiple Order is/are considered ancillary in respect to the other Product(s) already delivered on time or to be delivered yet. iv. offer the user, in addition to what expressed in Article 10.13 (iii) above, the supply of a different Product of equal or higher value, upon payment, in this latter case, of the difference, upon the user's express acceptance, if the delay in the delivery of one of the Products included in the Multiple Order is higher than 10 working days in respect to the New Delivery Term, or, in any case, higher than 20 days in respect to the original delivery date. 10.14 In case of failed sending of the Delay Notice E-mail or failed setting of the same in the New Delivery Term, all terms whereof in Articles 10.12 (ii), (iii) and (iv), and 10.13 (ii), (iii) and (iv) above will become effective starting from the original delivery date. 10.15 The acceptance of the New Delivery Term and, in the cases whereof in Article 10.12 (iii) and (iv), and 10.13 (iii) and (iv), the user's choice shall be promptly notified to STEFANO CAU via e-mail to the e-mail address: info@stefanocau.com . 10.16 In all cases whereof in Articles 10.12 and 10.13 above where a refund is due to the user, the sum of the refund shall be notified to the user via e-mail. It shall be credited to the user using the same method of payment used by the user for the purchase. In case of payment via bank transfer, STEFANO CAU will request the user his/her bank account details necessary to the refund. Any delays may depend on the bank or the type of credit card used or the payment method used. In any case the value date of the re-credited sum shall be the same as the charged sum. 11. Right of withdrawal 11.1 The user - who acts as a consumer - has the right to withdraw from the purchase contract of the Product without stating the reason and without incurring in additional costs and expenses other than those indicated in Article 11.7 following, within fourteen calendar days. The withdrawal period ("Withdrawal Period") expires after 14 days: a) in case of a one-Product order, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the Product; b) in case of a Multiple Order with separate deliveries, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last Product; or c) in case of an order which includes a Product consisting of parcels or multiple items, from the day the user or a third party other than the carrier and designated by the user, comes into material possession of the last parcel or item. 11.2 To exercise the right of withdrawal, the user must inform STEFANO CAU, prior to the expiry of the Withdrawal Period, of his/her decision to withdraw. 11.3 For this purpose, the user may: a) use the standard withdrawal form available on the website in the section “Return Policy” or ask it via mail at info@stefanocau.com; or b) present any other declaration in which he/she explicitly states his/her decision of withdrawing from the contract ("Declaration of Withdrawal"). 11.4 The user has exercised his/her right of withdrawal within the Withdrawal Period if the notice regarding the exercise of the withdrawal right is sent before the Withdrawal Period expiry date. In case the user avails himself/herself of the Declaration of Withdrawal, the Consumer is requested to indicate in the Declaration of Withdrawal the order number, the Product(s) for which he/she intends to exercise the right of withdrawal and his/her address. Since the burden of proof concerning the exercise of the withdrawal right before the expiry of the Withdrawal Period falls on the user, this latter might want to avail himself/herself of a durable support when he/she notifies STEFANO CAU his/her withdrawal intentions. 11.5 The user must therefore arrange for the Products to be returned to STEFANO CAU without undue delay and in any case before 14 calendar days as of the date the user has informed STEFANO CAU of his/her decision to withdraw from the contract. The term is observed if the user sends the Products before the expiry of the previously mentioned 14-days period. As far as the return is concerned, the user shall follow the procedure indicated in Article 11.6 following, as well as the standard withdrawal instructions, containing all information necessary to exercise one's right to withdrawal, available for the users on the Site, before the termination of the contract, and attached to the e-mail. For the purposes of the expiry of the return due date, the Product is considered returned once it is consigned to the carrier whereof in Article 11.6. The return occurs at the expense of and on the responsibility of STEFANO CAU. 11.6 During the period mentioned in art 11.5 above, the user shall return the Product, suitably protected and wrapped, via DHL courier service, attaching the return address provided to the user by mail. The user may then contact DHL, whose contact address and numbers will be communicated from SC, in order to arrange the date and place for collecting the parcel. The user will not pay the expenses for returning the Product, which are at STEFANO CAU's expense, and will not be liable for the risks of loss or damage of the Product during delivery. 11.7 If the user withdraws from the contract, STEFANO CAU shall proceed in refunding the Total Sum Due paid by the user for the Product, including delivery expenses (except for additional costs deriving from the user's choice to use another delivery method other than the least expensive standard delivery offered by STEFANO CAU), without undue delay and any case within and no later than 14 calendar days of the date STEFANO CAU was informed of the user's decision to withdraw from the contract. The refund amount shall be notified via e-mail; the refund will occur using the same payment method used by the user for the initial transaction (in case of payment via bank transfer, STEFANO CAU will request the user his/her bank account details necessary for the refund), unless the user has agreed otherwise; in any case the User shall not incur in any additional cost following said refund. The value date of the credited sum shall be the same as the charged sum. In case of partial withdrawal for Multiple Orders, the quantification of the delivery expenses to be refunded the user as a result of his/her withdrawal right shall occur as specified in Article 10.4 above. 11.8 The user is solely liable only for the value reduction of the goods resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product. The Product shall anyway be kept, handled and examined with ordinary due diligence and returned complete in all its parts, perfectly functioning, equipped with all accessories and illustrative sheets, with the identification tags and labels, when present, still attached to the Product, intact and not tampered with, as well as perfectly suitable for the use for which it was intended and without signs of wear or soiling. Furthermore the right of withdrawal finds application the Product in its entirety. Therefore it cannot be exercised in relation to parts and/or accessories of the Product. 11.9 If the withdrawal is not exercised in accordance with the applicable law, it shall not lead to the rescission of the contract and, as a consequence, shall not constitute the right to any refund. STEFANO CAU shall inform the user within 5 working days of receiving the Product, rejecting the request for withdrawal. In case the Product has already reached STEFANO CAU, it shall remain at this latter and will be available to the user for collection, which will take place at the expense and under the responsibility of the user himself/herself. 11.10 In case the Product for which the right of withdrawal has been exercised has undergone a reduction in value resulting from the handling of the Product other than that strictly necessary to establish the nature, features and functioning of the Product, the refund sum will be reduced in the amount of the value reduction. STEFANO CAU shall inform the user of this circumstance and of the consequently diminished refund amount within 5 working days of the receipt of the Product, providing the user, in case the refund has already been remitted, the bank account details for the payment, on the part of the user, of the amount due because of the value reduction of the Product. 11.11 In case, after pursuant to the applicable law, the right of withdrawal does not apply, this exemption shall be expressly and specifically indicated in the Product information Sheet and, in any case, during the purchase process, before the user proceeds with the placement of the order. 12. Flash Sales and Competitions 12.1 STEFANO CAU may organize Sale Events and Flash Sales. These sales shall last for a specific and limited period, which will be clearly indicated on the Site, and may be reserved to certain categories of users registered with the Site who will be informed of the start of the sale through a special e-mailed invitation. The special conditions that apply to these sales shall be indicated in the Product Information Sheet. 12.2 STEFANO CAU may organise competitions and prize draws reserved for users registered with the Site. The Regulations of each competition or prize draw can be consulted in the relevant section of the Site. If the prizes consist of vouchers or equivalents, they cannot be converted into money. 13. Applicable law 13.1 The purchase agreement completed on the Site is subject to Italian legislation. 13.2 An exception regards users whose normal residence is not in Italy for whom the more favourable and binding laws of the Country in which they have their normal residence apply. In particular, with regards to the term for exercising the right of withdrawal, the term for the return of the Products (if this right is exercised), the forms and procedures of communicating the right and the Legal Warranty of Conformity. 13.3 For all disputes arising from the application, execution and interpretation of the Terms and Conditions of Sale, the competent court is the court of the place where the user lives or has chosen to reside. 13.4 The user who is resident in a member state of the European Union other than Italy may also have access, for any dispute arising from the application, execution and interpretation of the Terms and Conditions of Sale, to the European procedure set up for minor disputes, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, rights and expenses, 2,000.00 Euros. The text of the regulation is available for consultation on the website eur-lex.europa.eu. 14. CUSTOMER SERVICE AND COMPLAINTS 14.1 You can request information, send notifications, ask for assistance or submit complaints by contacting STEFANO CAU Customer Service ("Customer Service") in the following ways: · By e-mail, writing to info@stefanocau.com or filling in and sending the contact request form available in the "Contact Us" section of the Site; · By phone, calling +39 031.59.31.09 (Monday through Friday, from 8 am to 5 pm, holidays not included); · By mail, writing to STEFANO CAU SRL, Via Marco Cumano 27a, 22100 Como. STEFANO CAU will deal with complaints via e-mail within five days of receipt of the same.