Users of the Services offered by Stefano Cau acknowledge and accept these terms and conditions.
Owner of Stefano Cau and related Services
STEFANO CAU SRL
Via Napo Torriani 19/C
22100 Como (CO) – Italy
registered in the Chamber of Commerce of Como
This document is a legal agreement between you, the User, and the entity providing Stefano Cau . It governs your use of the online properties and, in any case, for the use of the services provided. “Legal agreement” means that the terms of this agreement are binding on the relationship between you and us once you have accepted the terms. For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. “We”, “our”, “us” and similar terms refer to the corporation that owns and manages Stefano Cau as outlined in the present document. “Stefano Cau ” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.
The Website is an official website of Stefano Cau Srl and the copyright and the database rights are owned by Stefano Cau Srl. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the Stefano Cau Srl trademark and all other trademarks, logos and trade names depicted on the Website belong to Stefano Cau Srl.
DELETING USER ACCOUNTS AND ACCOUNT TERMINATION
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Stefano Cau or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
TERMS AND CONDITIONS OF SALE
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.
The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
Stefano Cau reserves the right not to accept incomplete or improperly filled orders. Stefano Cau also reserves the right (at its sole discretion) not to accept or process orders in the event of (I) unavailability of the Products; (II) in case of products incorrectly priced; (III) unsuccessful payment made by the User (by way of example, in the event of failure to charge the Customer’s credit card or, if payment is made by bank transfer, failure to confirm receipt of the transfer within 10 (ten) working days from the date of the order); (IV) where there is a report of, or suspicion of, fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes or (V) in case of non-fulfilment by the Customer of its obligations deriving from a previous contract concluded with Stefano Cau.
ORDER CHANGE AND CANCELLATION
After a product is delivered to the carrier, no order can be modified and/or cancelled by the User, who can still exercise the right of withdrawal once the product is received.
If the User’s change refers to a different product from the one originally ordered, the prices of the new product will be the one indicated on our website at the time of the change. If the change only concerns the quantity, the price will remain unchanged.
Modification and cancellation of the order can be made by phone or email, as long as the product has not yet been delivered to the carrier.
METHODS OF PAYMENT
Payment is possible by credit card or Paypal. Whenever one of these payment methods is not available, it will be clearly stated on the website or at the beginning of the purchasing process at the latest. All type of credit cards accepted by STEFANO CAU are listed at the bottom right of any page on the website.
If the chosen payment method is credit card, the total due amount will be charged to your card at the moment of shipping. If the chosen payment method is Paypal, the total due amount will be charged upon termination of the contract. It is possible to enter your billing address once you select the payment method. You are allowed to enter your new billing details by flagging the “Add a different billing address” box at the moment of purchase. VAT and additional taxes are included in the price of all items on the website and in the shopping bag.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
RIGHT OF WITHDRAWAL AND GUARANTEE
RIGHT OF WITHDRAWAL
In case of purchase of products or services via Stefano Cau the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.
To this end, a template withdrawal form provided within the “definitions” section of this document is available to the User. Users are, however, free to express their wish to withdraw in any other equivalent way.
EFFECTS OF WITHDRAWAL
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the cost of delivery (except for the additional costs arising from a possible choice of a certain type of delivery other than the standard delivery method, which would have incurred lower delivery costs) without undue delay and in any event no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the present contract. Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.
The reimbursement may be withheld until reception of the goods, or until the User has supplied evidence of having sent back the goods, whichever is the earliest.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the 14 day period has expired. The costs of returning the goods is borne by the User but will be reimbursed as stated above. The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
LIMITATIONS ON THE RIGHT OF WITHDRAWAL
Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions will be refunded after a deduction of the decrease in value resulting from such damage or use. No refunds will be given when the decrease in value equals the total value.
The User is asked to return the goods attaching a copy of the delivery slip received.
The right of withdrawal is excluded in all cases relating to:
– Goods made to specifications or clearly personalized;
– Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery;
If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.
APPLICABILITY OF THE RIGHT OF WITHDRAWAL
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
The User who buys as a consumer has the right to a guarantee of conformity for the purchased goods and services. The guarantee is valid for 24 months starting with the delivery of the goods. The notice for goods that aren’t in conformity must be given to the Owner within 2 months of discovery.
To exercise the right of guarantee, the User must send an email to the Owner providing the order number and an accurate description of the defect (it is recommended that photographic material be attached).
All elements are essential and will be verified by the Owner before responding to the User.
Should the lack of conformity of the goods be established, the User has the right to obtain its repair or replacement, upon return of the defective goods to the Owner. The User also has the right to ask the Owner for a fair price reduction or termination of the contract if the repair and replacement prove impossible or prohibitively expensive, the Owner has failed to repair or replace the goods within a reasonable period, or replacement or previously carried out repairs have caused significant inconvenience to the User.
To exercise the right of guarantee and for more information regarding it, the User must contact the Owner.
INDEMNIFICATION AND LIMITATION OF LIABILITY
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
LIMITATIONS OF LIABILITY
Stefano Cau and all functions accessible through Stefano Cau are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User’s specific goals.
Stefano Cau and functions accessible through Stefano Cau are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Stefano Cau. Therefore, the Owner shall not be liable for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Stefano Cau due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner’s control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
- incorrect or unsuitable use of Stefano Cau by Users or third parties.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Stefano Cau.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Stefano Cau and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The Owner may tolerate reselling performed on a limited one-to-one basis; any form of mass reselling is expressly excluded.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Stefano Cau.
CHANGES TO THESE TERMS
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Stefano Cau.
Users who continue to use Stefano Cau after the publication of the changes accept the new Terms in their entirety.
ASSIGNMENT OF CONTRACT
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Stefano Cau must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
The consumer resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. As a consequence, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the Owner. The platform is available at the following link. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
The Owner is available for any questions via the email address posted under the Owner’s information in this document.
DISPUTE RESOLUTION PROCEDURE WITH CONSUMER CONCILIATION BOARDS
We do not participate in any alternative dispute resolution procedure for consumers.
DEFINITIONS AND LEGAL REFERENCES
Stefano Cau (or this Application)
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Example withdrawal form
STEFANO CAU SRL
Via Napo Torriani 19/C
22100 Como (CO) – Italy
registered in the Chamber of Commerce of Como
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
(sign if this form is notified on paper)
Indicates the email that the Owner sends as shipping confirmation at the moment when the purchased products, or parts of them, are being dispatched.
Owner (or We)
Indicates the natural person(s) or legal entity that provides Stefano Cau and/or the Service to Users.
The service provided by Stefano Cau as described in these Terms and on Stefano Cau.
All provisions applicable to the use of Stefano Cau and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using Stefano Cau.
Order Processing Receipt
Indicates the email that the Owner sends upon receipt of the order.