2. INTRODUCTIONThese Provisions set out the General Terms & Conditions (“Terms & Conditions”) on which you may make use of the domain www.clabit.it website (the “Site”), whether as a guest or registered user. By using the Site you agree to be bound by these Customer Terms which are available for all purchases effected in Italy or abroad.
3. TERMS & CONDITIONS UPDATE
3.1 These Provisions apply to every purchase effected through the Site.
3.2 The Owner may update these Customer Terms from time to time, excluding the cancellation rights. Every change will be notified by uploading details on the Site (visit the Section “Terms & Conditions”). Users should review the Terms & Conditions periodically for changes.
3.3 By using the Site the User agrees to be bound by these Terms & Conditions. If you do not agree to these Customer Terms then please do not use the Services or any part of them.
3.4 The definite legal version of the Terms & Conditions is in Italian. The translation into English is available for your ease of reference only.
4.2 The User can change the Login Credentials any moment by logging in the Site section “My personal data”. Users are responsible for keeping their login Credentials confidential, they must not disclose it to any third party. If the User suspects an unusual activity, he/she has to notice CLABIT sending an email to firstname.lastname@example.org.
4.3 The User must treat such Login Credentials as confidential. If the User causes damage to CLABIT because of improper use, loss or lacking protection of Login Credentials, the User is completely responsible.
4.4 Users declare themselves to be adult according to their applicable legislation. Minors may use CLABIT only with the assistance of a parent or guardian. Under no circumstance may persons under the age of 13 use this Site.
5. ACCOUNT CANCELLATION AND USER ACCOUNT CLOSURE
5.1 The User can subscribe with a single account. CLABIT will delete multiple subscriptions for a single User.
5.2 CLABIT has the right to disable any User account at any time and without notice, if the User fails to comply with any of the provisions of these Terms & Conditions.
5.3 In the Site section “My personal data” the User can cancel or close the account, at any time, contacting CLABIT at email@example.com.
According to the Italian Decreto Legislativo 09.04.2003 n.70 regarding the ecommerce regulation, CLABIT notifies the following purchase terms:
6.1 When the User decides to purchase goods, he/she has to fill an electronic order form and send it to CLABIT following the instructions on the Site.
6.2 The User must carefully review the product page in relation to the order details (good, price, shipping, payment, etc.) before confirming the order.
6.3 The legal agreement between the User and CLABIT is placed when CLABIT confirms the order after a careful review regarding the order and the payment.
7. PURCHASE PROCESS
7.2 CLABIT saves all order forms in its database according to the Italian laws and for the days necessary to fulfil the order. In order to access to your order form, the User has to check the Site section “My account – My orders” where all User orders are available.
7.3 All goods offered are priced only in Euro (€), all the prices are inclusive of VAT. The shipping costs are clearly expressed and inclusive of VAT. The total amount in other currencies (British Pound – £, US Dollar – US$, Australian Dollar – AUS$) are subject to daily currency fluctuations. The cost of foreign products and services may fluctuate.
7.4 The User is completely responsible for payment of any such incidental import duties and taxes which are not included in the price (product price, shipping price, any incidental charges) of any goods or services. Please contact your local Customs Office for further information before placing your order.
7.5 The total amount will be charged when CLABIT will receive the order.
7.6 All goods remain the sole property of CLABIT until payment is received in full.
7.7 After receiving confirmation of payment (including the price of the product, the shipping costs and any incidental charges) CLABIT will manage the order.
7.8 If CLABIT has an unresolved conflict with a User or needs to verify any details regarding the order, CLABIT reserves the right to refuse to process any order.
7.9 CLABIT reserves the right to not accept irregular orders (number of purchased items or the User purchase frequency) or an improper or suspicious use of voucher gift or discount coupon.
8. PRODUCT AVAILABILITY
Since some products are one-off pieces, it could happen that the ordered item is not available after a successful purchase process. In this case CLABIT will inform the User by email about how many days our artisan needs to realise the product the User chose during the previous order process. The User has to feel free to accept or not the CLABIT proposal. In case of non-acceptance CLABIT will refund the User the total amount (product price, shipping costs and any incidental charges). The refund will be fulfilled by 30 days starting from the day after the order transmission. The total amount will be credited to the same payment method used to make the purchase. CLABIT will inform the User about the refund by email. CLABIT refuses any responsibilities in case of delay caused by bank transmission or credit card used to make the purchase. Moreover, CLABIT uses the same exchange rate which prevailed on the date of the original transaction.
9. PRODUCTION TIME
All products offered on CLABIT are Italian-hand made items. The production timing may vary between 7 and 60 days according to the chosen item. Every item presents a Product page, at the entry Production time the User is told about the days necessary to make the product. If anything unexpected should happen during the manufacturing process (i.e. incidental delay), CLABIT will inform the User by e-mail.
10. PAYMENT METHODS
10.1 CLABIT accepts the following payment methods:
– PAYPAL: you can pay by your credit/prepaid card or your PayPal account. If you are not registered on PayPal, you can easily do it. Click here (https://www.paypal.com/uk/webapps/mpp/home)
– BANK TRANSFER: you can easily pay by bank transfer. In order to ensure your online purchases CLABIT uses the Sofort Banking system, an easy and secure international payment procedure. The bank transfers are fast and direct. The procedure does not delay the dispatch of your order. Once you have added the products you want to buy in the cart, click the button to finalize your purchase and choose the method payment “BANK TRANSFER”. You can use your online banking login details. Click here
10.2 Once an order is transmitted any charge will be applied on the credit/prepaid card used to make the purchase. The charge will take effect when (i) the credit/prepaid card details will be verified and (ii) the bank or card issuer will authorise the payment.
10.3 If you need a business invoice (bill) by law, you just need to provide all the information we need during the purchase process.
10.4 In the event of missed payments, CLABIT will charge all costs to the Customer and refuse to process the order. CLABIT will inform the User by e-mail.
10.5 CLABIT reserves the right not to accept some payment methods as its own discretion.
11.1 Deliveries are available in Italy and abroad except for some countries (Please refer to the clabit.it’s DELIVERY POLICY for more information). Parcels can be shipped at your home address or an alternative address, for example your place of work. Please specify when ordering. The estimated delivery date is clearly stated on every product page.
11.2 The Customer can easily track the parcel through the delivery number. CLABIT will be in touch with the Customer by e-mail when the order is on its way. Parcels are shipped during working days, except for Italian national holidays.
11.3 In case of exceptional circumstances which can delay a parcel (bad weather, strikes, terroristic attacks for example) CLABIT is not liable. CLABIT will inform you about the delay by e-mail. We do ask for your patience if this happens – we’ll do our best to sort it out for you. Once your order is on its way, CLABIT will be in touch again by e-mail.
11.4 Once the recipient takes delivery of parcel, the delivery process is over.
11.5 The recipient has the duty to verify if the parcel is externally damaged. If the parcel is externally damaged or the contents are damaged, the recipient must indicate immediately the problem to the driver and filling the delivery form “signing subject”. CLABIT is not liable if there is any immediate report about damages.
12. ARRANGE ANOTHER DELIVERY
If you are not present when the driver attempts to deliver a parcel, a calling card will be left at the address informing the receiver the DHL or SDA tried to deliver. The Costumer can contact DHL or SDA arranging a second delivery. If you miss the second delivery attempt, you have to collect the parcel at the SDA or DHL local depot. The parcel will be at the DHL depot for 3 days, while 15 days at the SDA depot. If you do not collect the parcel, it will be send back to CLABIT.
Once 30 business days have elapsed as from the delivery back to CLABIT, the purchase agreement will be understood as terminated and the purchase order consequently cancelled as per the article 1456 of the Italian Civil Code. CLABIT will reimburse the total amount due paid by the User, less the costs for the delivery of the parcel which has been unsuccessful, the costs for returning the parcel to CLABIT, the costs CLABIT has incurred due to non-delivery caused by the absence of the addressee and any custom fees where applicable. The termination of the agreement and the total amount of the reimbursement will be informed by email. The total amount of the reimbursement will be charged on the same means of payment as the User used for the initial transaction.
If earlier then the expiry of the 30 business days, the User asks CLABIT to resend the purchased product, CLABIT will arrange a new delivery charging the User the costs for the new arranged delivery, the costs for returning the parcel to CLABIT, the costs CLABIT has incurred due to non-delivery caused by the absence of the addressee and any custom fees where applicable.
If the failure to deliver the parcel regards a product made to the consumer’s specifications or clearly personalised, CLABIT will not reimburse the User.
13.1 CLABIT will correct any errors in the product pages as soon as possible. If you point out an error, please contact us (firstname.lastname@example.org).
13.2 CLABIT is not liable for any kind of damages arising from an improper use of the product and/or any inappropriate installation and/or not in conformity with the instructions and/or any damages arising from accident or force majeure.
13.3 CLABIT’s liability cannot exceed the total value of the purchase.
13.4 CLABIT is not liable for the non-fulfilment of any contractual obligations arising from accident or force majeure, for example natural disasters, acts of terrorism, strikes, blackout.
14. LIMITS OF LIABILITY
CLABIT is liable, within the limits of the applicable law, for any damage under contract and in tort to the Users and third parties only when such damage is an immediate and direct result of wilful misconduct or gross negligence, of the activity of CLABIT. The Consumer expressly exonerates CLABIT of all responsibilities, within the limits of the applicable law, for claims, losses or damages of any kind to the Consumer or third parties including direct, indirect, incidental, loss of profits, consequential or anyhow connected to the present agreement.
15. RIGHT OF WITHDRAWAL
The User has the right to withdraw from a distance contract, without giving any reason, by 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 indicated by the User – acquires physical possession of the goods. In the case of multiple goods ordered by the User in one order and delivered separately, the withdrawal period expires the day on which the User or a third party – other than the carrier and indicated by the User – acquires physical possession of the last good. In order to exercise the right of withdrawal, the User must inform CLABIT through an unambiguous declaration of the decision of withdraw from the agreement by e-mail email@example.com.
16. EFFECTS OF WITHDRAWAL
If the User exercises the right of withdrawal, CLABIT will reimburse the payment received, including the costs of delivery (with the exception of any incidental charges, i.e. the choice of a non-standard and the most expensive delivery) without undue delay and in any event not later than 14 days from the day on which CLABIT is informed of the Consumer’s decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. CLABIT will withhold reimbursement until we have received the goods back. The User has to send back the goods or hand them over to us (Via N. Fabrizi n.215 – 65122 Pescara, Italy), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. The User will have to bear the direct cost of returning the goods. The consumer shall only be 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.
17. EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal is not provided in these following cases:
– the supply of goods made to the consumer’s specifications or clearly personalised. These goods are no-cancelable and no-refundable;
– the supply of goods which are liable to deteriorate or expire rapidly;
– the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
– the supply of goods or services for which the price is dependent on fluctuations in the financial market which cannot be controlled by the trader and which may occur within the withdrawal period;
– the goods which are clearly damaged or used by the Customer are no-replaced and no-refundable.
The Consumer has the right to the two-year guarantee period about the conformity in delivered goods. The Consumer must inform the seller of the lack of conformity within a period of two months from the date on which he/she detected such lack of conformity. In order to exercise the legal guarantee right, the Consumer must send CLABIT an e-mail specifying the mandatory data: order number, a precise description of the defective product (please attach pictures). CLABIT will verify all essential details before replying. In case of the lack of conformity, the Consumer has the right to require CLABIT to repair or to replace the goods, after returning them to CLABIT. The Consumer may require CLABIT an appropriate reduction of the price or have the contract rescinded: if the reparation or replacement are not possible or too expensive.
The User agrees to indemnify and hold harmless CLABIT from any and all claims and responsibility, including legal fees incurred to pursue legal actions made by any third parties due to User’s uploaded contents, the violation of these Terms & Conditions.
20. FORBIDDEN USE
The Service shall be used only in accordance with these Terms & Conditions. Users may not:
– reverse engineer, decompile, disassemble, modify or create derivative works based on CLABIT or any portion of it;
– circumvent any technology used by CLABIT or its licensors to protect content accessible via it;
– copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through CLABIT;
– use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of CLABIT or its content;
– rent, lease or sublicense CLABIT;
– defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
– disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
– use CLABIT in any other improper way that violates these Terms & Conditions.
All trade marks (figurative trade marks, trade names, service marks, wordmarks, illustrations, images or logos) which appear on the Website CLABIT are the exclusive property of the CLABIT or its licensors. All trade marks are protected by the Italian laws and the international treaties about intellectual property.
23. WEB SERVICE INTERRUPTION
23.1 CLABIT reserves the right, at any time and in sole discretion, to suspend or discontinue the Services, with or without notice and for any length of time required in order to assure the necessary technical intervention to improve the quality of the Services.
23.2 CLABIT reserves the right, at any time and in sole discretion, to suspend or discontinue the Services with notice to the Users in case of web security or privacy violations.
24. LAW AND JURISDICTION
These Terms & Conditions and any dispute arising from, or related to, these contracts are governed by the Italian law and the judge of the Tribunal of Pescara. The sole exception to this rule refers to the Court in charge to protect the consumer rights.
We reserve the right to vary or update or to withdraw or amend these Terms & Conditions at any time. You should review the Customer Terms periodically for changes.