Introduction

The following provisions (the ‘General Conditions’) govern the commercial relations between Cappelletti Srl (hereinafter ‘Cappelletti’) and users of e-shop cappelletti.com (hereinafter ‘E-Shop’) resident in Italy (hereinafter ‘Users’) for the purchase of products offered by the E-Shop (hereinafter ‘Products’). Any contractual conditions proposed by the User and in derogation to the following Terms and Conditions are applicable, on condition that Cappelletti has expressly accepted in writing. The relevant provisions of Legislative Decree 206/2005, ‘Consumer Code’, in accordance with Article 7 of Law July 29, 2003, n. 229 ‘, hereinafter for brevity ‘Consumer Code’, are also applicable.

The description of the products offered in E-Shop is complete and comprehensive. Cappelletti shall in no event be liable for any differing descriptions of the products made by the public from its employees or agents or by third party vendors. Cappelletti will work to ensure that the E-Shop service does not suffer any interruption. Nevertheless, even acting with the utmost diligence, downtime cannot be excluded. Cappelletti reserves the right to vary and discontinue the service at any time.

The information contained in this website is subject to change by Cappelletti and contains only general information for the consumption of the User. The Cappelletti E-Shop and website use cookies to track user preferences. The privacy policy document contains more information about cookies.

Neither Cappelletti nor any third party guarantees the accuracy, completeness, updating of information and material contained on the website. You acknowledge and agree that the information and material contained in this website may contain inaccuracies and/or errors and, in this regard and to the extent permitted by applicable law, expressly disclaims all Cappelletti responsibility for such inaccuracies and/or errors.

The use by the User of the information contained in this website is the sole responsibility of the User and Cappelletti will not be responsible in any case for the use made by you of such information. Furthermore, the User has the obligation to ensure that the services and products offered within the E-Shop and fully comply with the appropriate User’s needs, without this entailing any liability by Cappelletti.

This website contains material which is owned by Cappelletti or that Cappelletti uses under a specific license. This material includes, by way of example, design, graphics and final appearance of the website and is protected by copyright and/or other intellectual property rights. Reproduction of the site is therefore prohibited.

Unauthorised use of this website may give rise to claims for damages and/or constitute a criminal offense.

Conclusion of the contract

The use of E-Shop by the User is not sufficient to conclude the contract between the User and Cappelletti and therefore does not give rise to any claim in the contract or tort claim against Cappelletti. You must register at the website to access the E-Shop, indicating a ‘user name’ and ‘password’ (‘Access Codes’). The recording of user data is solely for the purpose of Cappelletti managing the purchase and payment thereof and does not constitute the final action of contact. To properly register you must supply a ‘user name’ and password. The User is forbidden to enter false data, and/or invented and/or immaginative, during the registrationprocess prior to the use of E-Shop.

The User assumes the responsibility arising from any activity carried out by third parties through their use of access codes and has the obligation to notify Cappelletti of any breach or theft of your access codes by third parties.

The display of products in the E-Shop does not constitute a Cappelletti contract proposal, but merely an invitation to propose. The order submitted by the User, by clicking the button labelled ‘place order’ within the ‘Proceed to Purchase – Add to Cart’ (‘Order’) constitutes a contract proposal of purchase. After receiving the Order by the User, Cappelletti will send a notice by e-mail to the address indicated by the User, confirming the receipt of the Order and the Order specifying the details thereof (‘Receiving Order Confirmation ‘). This order acknowledgment does not constitute acceptance of the User Order, but has the sole purpose of informing the User that Cappelletti has successfully received the Order. The sales agreement between the User and Cappelletti ends only when Cappelletti communicates to the User via e-mail that the order has been accepted and that the Product has been dispatched (‘Shipping Confirmation’).

Right of withdrawal

Exercising the right of withdrawal

The User can unilaterally withdraw the order at the latest within 14 (fourteen) days of receipt of the Product. Such revocation must be made by: a) written notice sent by registered mail to Cappelletti within the period mentioned above, or alternatively b) written notice to Cappelletti by telegram, telex, fax or e-mail, by the period referred to above c) by clicking on “Return Request” on the Account (reachable at this address ) page and filling in the relevant form. In the event that the Product has been issued, the User must return it within that time and at his expense. These Terms do not exclude the User’s obligation to preserve the Products after delivery and return them intact. The notice of withdrawal and/or the Product returned must be sent to:

Cappelletti Srl
Contrada Brancadoro
63811 S.Elpidio a Mare (FM)
ITALY

info@cappelletti.it

Consequences od the withdrawal

Where the right of withdrawal is validly exercised by the User, Cappelletti will refund the User the price paid within 30 (thirty) days from withdrawal. The term begins on the date of receipt of notice of withdrawal. Products must be returned by parcel post. Where the Goods are not returned, in whole or in part, or are rendered damaged, Cappelletti is entitled to claim damages from the User.

Method of payment, prices and delivery costs

Shipment costs

• Italy: Free shipping
• Europe: 14€
• Other Countries: 29€

The prices listed on the E-Shop are inclusive of VAT. The final price is shown in E-Shop at the time of order. The VAT amount is specified separately in the accompanying bill that is sent with the product. Shipping cost are as indicated in the E-Shop. The product is delivered exclusively in the Italian territory and cannot be delivered to a PO Box address. In order to deliver in Safe, Fast and Reliable ways, we ship by international Express Courier which grant deliveries worldwide in few days. Products will be delivered to destination postal address specified by you. This service provides the delivery “on front door”, on weekdays, during office hours. As noted in section I of these General Conditions the presentation of products in E-Shop is only intended for Users resident in the territory of the Italian Republic to indicate a delivery address within that territory.

Cappelletti has made reasonable efforts in order to process an order within 4 (four) working days of receipt of the Order itself. The courier service operates from Monday to Friday from 9.00 to 16.00. The execution of orders received on Saturday, Sunday or public holidays starts on the next working day. Barring unforeseen circumstances beyond the control of Cappelletti, the Product is delivered to the User within 5 (five) days from delivery to the carrier. The delivery time is indicative and not binding. Cappelletti assumes no responsibility for any damages resulting from delays in delivery. In case of non-delivery at the delivery address specified in the User’s Order, a second delivery attempt will be made at the same address. If the courier could not deliver the product even in this second attempt, the product will be placed in the warehouse of the carrier closest to the delivery address and a notice will be left with the User with the information necessary for collection.

The payment of the Order must be made with one of the following possibilities:

– PayPal Use you PayPal bill to pay your order. Convenient, easy, secure. When ordering, PayPal will immediately charge the amount of your purchase. Remember that you can use your PayPal bill, even if you are not the owner of a credit card.

– Credit card Most of credit cards will be accepted

Retention of title

1. Until the total price has been paid and any other eventual credit to Cappelletti with the User, the delivered Product remains the property of Cappelletti and the User may not dispose of use.

Responsibility for defects

1. Where the User believes that the product does not comply with the Contract or is defective, he shall immediately notify this, specifying the product subject of dispute and the vices or discrepancies discovered. The Product contested must be returned to Cappelletti.

2. Cappelletti will examine the Product Contested and communicate via e-mail to the User whether or not entitled he is to a refund of the price or replacement of the Product. Any refund will cover the purchase price paid by the User and any costs of returning to Cappelletti. A refund or replacement will occur within 30 (thirty) days from the email with which Cappelletti communicates to the User the entitlement to a refund or replacement product

3. Cappelletti is not responsible for defects in products that have been caused after delivery by third parties, except in cases provided for in Article VII

4. Cappelletti is not responsible for damages resulting from misuse of the product, alteration, normal wear and tear or negligence of the Product. 5. The above numbers 1, 2, 3 and 4 shall not be construed to the prejudice of the rights of the User, provided by applicable law.

Liability for breach of contract

1. The liability for breach of contract by Cappelletti is limited to damages that are a direct result of the failure and, in every case, it is limited to the price of the Product.

Non-contractual liability

1. In the case of wilful misconduct or gross negligence Cappelletti is liable under law.

2. In so far as is permitted by law, Cappelletti will not be in any case liable for consequential damages caused by the product delivered to the User (consequential loss), such as, but not limited to, damage caused to other property.

3. The compensation for consequential damages and any other claim for damages against Cappelletti that is not included in Articles VII and VIII of these Terms, is expressly excluded, except for liability to be borne by the Cappelletti by law in case of injury or death.

Copyright and trademarks

1. All content published on the site cappellettionline.com including text, documents, logos, images, graphics, video size, trim and adaptations are subject to the laws on intellectual property and copyrighted. You may not copy, alter, translate, distribute, use, store, publish this content on other sites without prior written permission of Cappelletti. Any content and contributions made by third parties are marked as such.

2. The downloading, viewing and printing the content of this website is permitted for personal use only and excludes the user from having any right of claim or claim of such material.

3. The brand ‘Cappelletti’ is a registered trademark property of Cappelletti Srl

4. Cappelletti used the brand ‘Cappelletti’ as its corporate ID with which it presents itself to the market.

Final provisions

1. Subject to the limits prescribed by law, any User on account of alleged breach of contract and/or other obligations by Cappelletti is excluded in case of force majeure, such as, but not limited to, mobilisation, war, riot, and similar events such as fire, accident, strike, lockout or export restrictions, or other events in each case not attributable to Cappelletti.

2. The failure by Cappelletti of the rights under these conditions does not imply a waiver of those rights and does not affect Cappelletti’s right to use these rights later. The User therefore is not exempted from its commitments on time and in full compliance of its obligations under these General Conditions.

3. Any dispute arising under these Terms shall be subject to the jurisdiction of the courts of the place of residence or the User, the User’s choice or on its initiative, the jurisdiction of the Court of Fermo. If the User, contrary to his statements during the ordering process, is not a resident of the Italian Republic, or if, after the conclusion of the contract, moves his residence outside the Italian territory, or if at the time of establishment of a legal action against Cappelletti the exact residence is unknown, the jurisdiction for any dispute arising out of or in connection with the Court of Fermo.

4. The general conditions of on line selling are regulated by italian laws and legislative Decree 9 April 2003, n. 70. In any case, without prejudice to the rights provided by mandatory provisions, laid down by the User’s Country.

5. The invalidity or ineffectiveness of one of these clauses does not entail the invalidity or ineffectiveness of the General Conditions of Sale in their entirety, and therefore, continue to be fully effective and binding. The parties agree to negotiate in good faith and to replace the void or ineffective provisions with provisions that are not affected by invalidity or unenforceability, and the content of which conforms to the previous one.

6. Changes and additions to these contract General Terms must be made in writing; communications, and any statement of the contractual relationship must be made in writing and sent to Cappelletti’s address above and to the User’s address specified for delivery of Products.