General conditions for online sale
These conditions are valid exclusively between Caviar Giaveri and any person, hereinafter referred to as the “CLIENT”, making purchases on-line on the website www.caviargiaveri.com. These conditions may be subject to amendment; the date on which they are published on-line shall be the date on which they take effect.
These general conditions govern purchases made on the web-site www.caviargiaveri.com, in accordance with Article 50 et seq. of Legislative Decree No 206 of 6 September 2005, the Consumer Code, Section II of Chapter 1 of the third title of the third part, to which you are referred as laid down in Article 60 of the Consumer Code.
ARTICLE 1 – The purpose of the contract
- By means of these general conditions of sale, CAVIAR GIAVERI sells and the CLIENT purchases at a distance the goods specified in the offer of sale on www.caviargiaveri.com. The contract shall be concluded exclusively via the internet, with the CLIENT accessing the website www.caviargiaveri.com and creating a purchase order in accordance with the procedure specified on the website itself.
ARTICLE 2 – Conclusion and effectiveness of the contract
- The sale shall be considered concluded with the sending by CAVIAR GIAVERI to the CLIENT of an email confirming the order. The email shall contain the details of the CLIENT and of the order, the price of the goods acquired, the transportation costs and the delivery address to which the goods are to be despatched. The CLIENT undertakes to confirm the accuracy of the data contained therein and to promptly communicate any corrections.
- CAVIAR GIAVERI undertakes to describe and present the articles offered for sale on the website in the best way possible. That notwithstanding, it is possible that there could be errors, inaccuracies and minor differences between the website and the actual product. In addition, the pictures of the products presented on www.caviargiaveri.com are not contractually binding as they are for illustrative purposes only.
- If for whatever reason CAVIAR GIAVERI is unable to fulfill the terms of the delivery, the CLIENT will be promptly informed and may defer the purchase by agreeing a new delivery date, or may cancel the order and receive full reimbursement of the amount paid.
ARTICLE 3 – Products’ availability
- Product availability refers to what is available at the time the CLIENT consults the product records; this must however be considered to be purely for guidance since simultaneous access on the site by a number of users could result in the product being sold to someone else before the order is confirmed.
- Even after the order confirmation email has been sent by CAVIAR GIAVERI, partial or total product shortage could vary. In this event the CLIENT will be promptly notified and may decide to accept delivery of only those products that are available or may request cancellation of the order by notifying the Customer Services by email.
ARTICLE 4 – Payment methods
- Each payment by the CLIENT is to be made solely through PayPal, credit card or wire transfer. We accept only payments from verified PayPal accounts. The goods will be shipped once the payment is received. For payments made through credit card, if the unavailability of a product is discovered after booking of the order and reservation on the card of the amount payable, CAVIAR GIAVERI shall take the necessary steps with the operator to reverse the payment transaction relating to the goods that are not available. The actual cost of the order will only be charged when the order has been completed and is ready for despatch.
- Communications relating to the payment and the data submitted by the CLIENT at the time this is carried out, take place via specially protected communications and with all the guarantees ensured by the use of the security protocols applied to payment circuits.
ARTICLE 5 – Prices
- All product selling prices displayed and specified on www.caviargiaveri.com are expressed in Euro and include VAT.
- Any delivery charges are not included in the purchase price, but are indicated and calculated at the conclusion of the purchasing process before payment is made.
- The CLIENT accepts CAVIAR GIAVERI’s prerogative to amend its prices at any time; however the goods shall be invoiced on the basis of the prices indicated on the web-site at the time of order and confirmed in through an email sent by CAVIAR GIAVERI as confirmation of the purchase order.
ARTICLE 6 – Complaints – Faults and defects
- Should products received do not comply with the order or present defective, the CLIENT must notify CAVIAR GIAVERI’S Customer Services within two days of receipt, specifying whether he or she wants the item to be replaced or a refund. CAVIAR GIAVERI will contact the courier who, at his convenience, will collect the goods. CAVIAR GIAVERI reserves the right to check the claimed non-conformity and should it be confirmed will arrange for replacement goods to be despatched or for a refund to be made to the credit card used by the CLIENT for the purchase.
- Any complaints as well as any comments or suggestions should be forwarded to CAVIAR GIAVERI via email to the address email@example.com or using the contact form contained on the web-site.
ARTICLE 7 – Right of withdrawal
- Pursuant to current legislation, the CLIENT may withdraw from the contract without penalty and without specifying a reason within a period of ten working days from receipt of the order confirmation from CAVIAR GIAVERI. The above-mentioned right of withdrawal within the period specified may be exercised by sending a registered letter with confirmation of receipt to CAVIAR GIAVERI at its headquarters in Via Villanova, 10 – 31030 San Bartolomeo di Breda (TV) – Italia.
- In the event of a valid withdrawal, CAVIAR GIAVERI will arrange for the restitution of any sums paid by the customer as quickly as possible.
- In the meantime, if the CLIENT has received the goods, he shall arrange for their immediate return.
ARTICLE 8 – Delivery method
- Products shall be delivered by express courier to the address provided by the CLIENT at the time of order. CAVIAR GIAVERI reserves the right to reject orders for delivery abroad.
- If the CLIENT is not present to accept the goods at the time arranged, the courier will leave a note indicating that he has called; the CLIENT must contact CAVIAR GIAVERI to arrange for delivery at another time. The CLIENT shall have 3 days in which to collect the goods, starting from the date on which he becomes aware that the completed order is available. Once that period has expired without the package having been collected, CAVIAR GIAVERI will interpret the circumstances as indicating a waiving of the contract which shall be considered resolved. No compensation shall be payable by CAVIAR GIAVERI in the event of failure on the part of the CLIENT to collect the goods.
ARTICLE 9 – Liability
- CAVIAR GIAVERI accepts no liability for disruptions attributable to causes of force majeure or unforeseeable circumstances, including where resulting from malfunctions of and disruptions to the internet, in the event that it is unable to execute the order within the timescales laid down in the contract.
- Information on the availability of each item is only for guidance and is not contractually binding and no liability shall attach to the vendor in the event of one or more products being unavailable.
- All risk relative to the product shall pass to the CLIENT at the time of their delivery. The CLIENT shall acquire ownership of the products as soon as CAVIAR GIAVERI receives their full payment, including delivery costs or at the time of delivery should this be later.
ARTICLE 10 – Access to the site
The CLIENT has the right to access the website for enquiry purposes and to make purchases. No other use of the site or of its content is permitted, particularly commercial. All of the elements of this website, whether audible or visual, and the related technology used, remain in CAVIAR GIAVERI’s property and are protected by intellectual property rights.
The CLIENT must refrain from any unauthorized use of the website as well as preventing the introduction of viruses, Trojan horses, bugs, logic bombs or other programs or material that could cause technological damage.
ARTICLE 11 – Cookies
ARTICLE 12 – Applicable law and jurisdiction
These General Conditions of Sale shall be subject to Italian law. Any dispute that cannot be resolved amicably shall be submitted to the exclusive competence of the Court in the area where the CLIENT is resident or domiciled, if located within national borders.