Terms and condition for sale

Site, platform: is the online space that hosts the sales service. It allows for simple browsing operations, subscription to the browsing service and creation of an account, purchase of goods, and exercise of related rights. It refers to www.castellani.eu.
Service: is the set of activities made available to the User on the platform. Browsing and Purchasing experiences are part of the Service made available to the public.
Public: is the indefinite set of subjects who can use the service. Castellani’s goods can be purchased by Business Customers or Consumers (see below).
Professional (also called Seller): is the entity that prepares, manages, and executes, directly or through the aid of third parties, the online sales process. In the case of www.Castellani.eu, it is CASTELLANI S.r.l. Via Galileo Galilei Tr. III, 24 – San Zeno Naviglio, 25010 Brescia Italy
Buyer (also called Customer): is the entity who purchases goods or services online. Before proceeding with the purchase, or activating the purchase procedure, therefore in the simple navigation in the service, this subject is defined User. The Service can be used by both Consumers and Business Users. Some clauses will not apply to the latter.
Consumer: is the person that uses the service, or buys goods, for personal purposes unrelated to their work activity (whether professional, entrepreneurial, commercial, or craft).
Business: is the entity that uses the Service and is not a Consumer.
Guest: User who purchase without registering or creating an account (for example, using PayPal, Apple Pay, or GooglePay).
Product or Good: is the good that can be bought on the Platform www.castellani.eu and is described in the Product information sheet.
Customized Good: The good to which modifications are applied, such as the application of writings or similar.
Configured Good: Good resulting from the combination of options made available by the Seller and chosen by the Customer, such as colors, shades, thicknesses, etc.
Out-of-scale Good (large sizes): Good that, due to size or characteristics, does not fall within the normal range of warehouse availability. These are equivalent goods that cannot be purchased on e-commerce. To purchase such goods, customer service must be contacted.
Online sales contract (or Terms of sale): a distance contract signed by the Seller and the buyer, concerning goods, within a system of selling at distance that uses the distance communication technology called the internet, using the website www.castellani.eu.
Introduction: the present terms of sale regulate the sale of goods on the site www.castellani.eu. The regulation contained in these Terms of Sale derives in particular, especially regarding consumers, from the Consumer Code, with specific reference to the legislation on distance contracts (articles 45, 48-59, 60-63, 128 et seq. Consumer Code).
The texts are those in force at the time of the event they refer to: for Navigation, therefore, the texts in force at the time of navigation are taken into account, for the Subscription to the Service those in force at the time of subscription, for Purchases those in force at the time of purchase.

The goods are offered for sale to the public on the site www.castellani.eu by
CASTELLANI S.r.l.
Via Galileo Galilei Tr. III, 24
San Zeno Naviglio
25010 Brescia Italy
ecommerce@castellani.eu

It is understood between the parties that in case of transfer, sale, transfer of the business branch, merger, and any other subjective change of the Seller, all legal relationships existing between Castellani and Users/Customers are automatically and without the need for further consent transferred to the incoming subject (i.e., the Company that purchases or otherwise receives from Castellani the company, the business branch, or that resulting from any merger), which therefore assumes all rights, obligations, and legal relationships attributable to the Seller.

Is the User who buys goods on the online sales platform.
Except in the case of a Guest, the Buyer coincides with the User registered on the Site, therefore has the obligation to enter truthful data and to carefully keep the access credentials to the service.
ELETRONIC DOMICILE OF THE BUYER:
The Buyer is presumed to be physically domiciled at the place indicated at the time of registration, which will be assumed, unless variations indicated by the buyer himself during the purchase process, as the destination address of the goods, as well as the presumed electronic domicile of the same, for communications related to this service, the email address indicated at the time of registration.
The Buyer can also proceed with the purchase as a “Guest”: in this case, it is not registered to the service as a User, and the system does not store his data (see the privacy policy) except in cases provided by law (for example, fiscal data, commercial correspondence, those necessary for shipping, pending the expiration of the withdrawal, for the warranty, etc.) and for the shipment of the good to the address that is entered in the “Guest” form (or, if provided, to that communicated by the payment provider). The Buyer who proceeds with the purchase in this way will have to re-enter the data for a subsequent purchase or register for the service as a User (or reuse the Guest function). Any communications will then be sent to the email address provided in the Guest procedure.

The products are viewable on the pages of the site www.castellani.eu.
Each product, from the moment it is published with a specific Information Sheet on the Website, and unless expressly stated otherwise by the Seller, is offered to the public, under the condition of the availability of pieces of the product itself by the Seller. This means that the Buyer, having seen the offer and verified the availability, has the right to decide simply whether to accept the offer and buy or not accept it and not buy.
ATTENTION: the shop allows the purchase of customized goods. Furthermore, in some cases, configured goods may be purchased.
ATTENTION: It is not possible, however, to purchase out-of-scale goods through the shop, for which it will be necessary to contact customer service.

PRODUCT INFORMATION SHEET
A specific Information Sheet is dedicated to each product, in which the following is reported (possibly also in the footer):
– Description of the product, also with photographs (which refer to the typical product of which the one being purchased is an example), of the type, characteristics, functions, uses, and results that can normally be expected from its use: where the description is not deemed sufficient or precise enough, the Buyer can still request clarifications and specifications from the Seller at the email address: ecommerce@castellani.eu
– Indication of the quantity (e.g., pieces per single purchase, weight, etc.) and quality if relevant;
– The indication of the quality of the used good with the indication of any relevant defects;
– Indication of any suitability of the good for particular uses, especially if requested by the Buyer BEFORE the entering into the contract. In this case, the contract is signed only if the Seller has confirmed the suitability indicated by the potential Buyer (such are, for example, out-of-scale goods).
– EVIDENT indication of particular INADEQUACIES of the good for uses that can be expected from it or related to the purposes for which goods of the same type are normally used. In this case, acceptance by the Buyer is required.
– Indication of accessories included or not included in the sale, necessary or otherwise useful for use or operation of the good;
– Any need for maintenance, spare parts, or periodic replacements of the product;
– Indication of particular risks in using the good;
– Indication of particular shipping methods, especially in connection to the return of the good in case of withdrawal;
– Indications related to packaging (also for return);
– Indications related to particular methods of practicing the warranty or customer care (for example, repair with reconditioned parts of goods, assistance provided only in certain languages, etc.);
– The Manufacturer.
– The possible importer, if different from the Seller and if the good is produced outside the borders of the Italian State or the EU;
– The availability of pieces, it being understood that the system is not able to monitor with absolute precision and in real-time the warehouse stock: in any case of lack of pieces in stock and concurrent purchases, those who have perfected the order first will be privileged. Therefore, in the case in which a product, indicated as available, is in fact not so, the Seller will send a communication to the Buyer to inform him about the circumstance. In this case, the Buyer will choose by answering whether he prefers a full refund of the amount paid, or to wait for the possible subsequent availability of the good.
– The price, in all its components (see the chapter related to the Price in these Terms of Sale), specifying that the amount indicated refers to a single piece and with the least expensive means of shipping among those made available to the Buyer by the Seller;
– The accepted payment methods;
– The delivery time if predictable (ATTENTION: the delivery time mentioned is only INDICATIVE, and not mandatory);
– Citation of the right of withdrawal, link to the related section;
– Citation of the existence of the conformity warranty;
– The possible indication of a warranty term shorter than 24 months in case of goods that by their nature have a shorter duration (or that are used);
– Link to the after-sales service page;
– Link to the distance selling conditions.
The characteristics of the good and all the information contained in the Product Information Sheet are intended to be those existing at the time of purchase.

Price composition:
The price that appears in the information sheet must be understood as the final price that the user pays for the good or service, including taxes, duties, and other accessories. ATTENTION: Shipping costs and customization expenses are indicated separately. In case it is not possible to indicate them in the product information sheet, the Customer still has the possibility to obtain the calculation of the shipping and customization cost during the purchase procedure.
Attention: the price does not include any customs clearance costs of the good, or taxes or fees to be paid in case of shipping to a country different from Italy. It is the Buyer’s responsibility to verify the existence and amount of such costs, which will be at his own expense and are not part of the sale price as indicated.
The price reported in the information sheet refers to a single exemplary of the good.
Shipping costs:
The Buyer can choose between the different types of shipping possibly made available by the Seller. The Buyer will still be made available the price of each type of shipping during the sales process or – if it concerns shipping to areas that are difficult to reach – before shipping: in case the Buyer does not intend to confirm the purchase, the contract will be considered not signed and the Buyer will be refunded any payments he made.
Price calculation:
Prices are indicated in Euros.
Where the number of pieces purchased or the variety of them affects or may affect the final price (especially on the part of the price related to shipping), the customer will be informed about the total price before the confirmation of the order.
In any case, the total price, including shipping costs and referring to the total pieces purchased, will always be visible before the confirmation of the purchase order with the obligation of payment.
Cost of the communication means used for the service:
Costs of using the means of distance communication: the service operates through an internet connection. It is the Buyer’s responsibility to verify the connection costs of his tariff plan, which do not depend on the Seller.

The technical phases for the conclusion the purchase contract of the good are as follows:

• Identification of the good or goods to be purchased: the Buyer, in browsing, consults the Product information sheets of the products, selects them, selects any customizations or configurations, and inserts them in the cart using the ADD TO CART function.
• Cart selection: the Buyer sees the total of goods inserted in the cart, with an indication of the cost of each good and the total, including shipping costs.
• Selection of the payment method, including Guest Logout methods.
• Selection of the recipient: the Buyer – if not already registered – enters the recipient’s data of the good, i.e., the person to whom the purchased goods will be sent, entering in the appropriate form name, surname, geographical address where the good must be delivered, telephone number (the latter data often necessary for the Courier to ascertain the availability of the recipient for delivery purposes).

  ATTENTION: the system presumes that the recipient is the same subject registered to the Service and therefore could pre-fill the fields with the data of the User registered. Where you want to have the good delivered to a subject different from the user-buyer, the form must be filled in with such different data (the Buyer takes the responsibility of communicating to the System the data of the third person, which will be processed and stored only for the purposes of executing the shipment).

• Specification of the request or not for an invoice: the Buyer can request the issuance of an invoice but must do it no later than the sending of the order, specifying the fiscal data (in addition to the personal data, therefore, the Tax Code) and activating the Company profile in the menu.
• Possible acceptance of the conformity defect by the Buyer.

  ATTENTION: since the next point involves a contractual commitment of the buyer, he should check all the data entered, and if there are incorrect ones, corrects them by going back in the guided procedure to the section containing the data or the option he intends to modify. The data entered, in fact, after the conclusion of the following point, are no longer technically modifiable, and if the Buyer intends not to confirm them, he must activate the withdrawal procedure.

• Purchase: the Buyer can decide, provided and received all the information of the previous phases, to proceed with the purchase of the goods offered for sale by typing the appropriate button bearing the inscription PLACE THE ORDER with which he will be directed to the chosen payment system. The contract is concluded with the enhancement of the payment (see however what is indicated in terms of delivery) and the Seller is obliged to proceed with the Delivery only after having actually received the payment.
• The Seller send a summary email, containing the following information:
  A) List of purchased goods.
  B) Total purchase price with specification of individual items (price of each good, shipping costs, taxes fees, and accessories);
  C) Payment Method chosen by the Buyer.
  D) Expected delivery terms.
  E) Seller and contacts for complaints, warranty, return, or other communications.
  F) Terms and methods of execution of the withdrawal right.
  G) Methods of exercising the rights related to the conformity warranty.
  H) Contact address of Customer Care.
  I) Contractual conditions applied to the contract or link to the text.

  NOTE: the email mentioned in this point is sent by the Seller, but the contract has already been concluded and if the Buyer intends to give up the purchase he will have to activate the withdrawal procedure in any case.

The Buyer, to pay for the goods or services purchased, can choose among the payment methods indicated by the Seller (already indicated in the information sheet).

Time of the choice of the payment method
The choice of payment modality must be made at the time of the order (see the part of the document related to the technical phases to enter into the contract) and, once selected, cannot be changed.
Who manages the payment methods:
In any case, the payment methods are the exclusive competence of the companies (banks, online account issuing or managing institutions, credit card issuing or managing institutions, payment service providers, etc.). The Seller does not receive fees on the payment by the Institutes and does not impose any payment surcharge for the choice of one payment method over another (except for the case of Cash on Delivery payment whose surcharge is however indicated before the conclusion of the purchase procedure).
Unauthorized or inaccurate charges:
ATTENTION: In case of unauthorized or inaccurate charges, the Buyer is invited to promptly report the circumstance to the Seller, who will provide the maximum cooperation, by email to the following address ecommerce@castellani.eu. In any case, the Buyer can contact his bank, or the institute that issued or manages the credit card to request the return of the sum unduly charged to him.

The payment methods will be those actually made available to the Customer in the purchase procedure and may be the following (not necessarily all):
CREDIT CARDS
The system accepts the credit cards indicated in the purchase procedure.
In each case, if the credit card is chosen as the payment method, the customer is directed to the platform that manages online payments without the Sales Service of goods receiving communications from such platform other than those related to the authorization or non-authorization of payment, to the execution or non-execution of the same.
Withdrawal: In case of withdrawal, Castellani will ask the platform that manages the payment by credit card to cancel the payment or return the amount or part of it depending on the cases. It is understood that Castellani can only guarantee the timely request, while both the actual cancellation of the payment and the refund of the same are carried out by the institute that issued and manages the credit card, and therefore will depend on the methods and times of the institute. In any case, the customer is invited to consult the credit card issuance service and the related conditions and terms of use.
PAY PAL, APPLE PAY, GOOGLE PAY or other payment provider:
The customer who chooses this form of payment is directed to the provider’s site.
The Provider, whose site and terms of use are invited to visit and consult, charges the amount immediately. These forms of payment can also be used by Guest customers.
Withdrawal: In case of withdrawal, Castellani will ask the platform that manages the payment by credit card to cancel the payment or return the amount or part of it depending on the cases. It is understood that Castellani can only guarantee the timely request, while both the actual cancellation of the payment and the refund of the same are carried out by the institute that issued and manages the credit card, and therefore will depend on the methods and times of the institute. In any case, the customer is invited to consult the credit card issuance service and the related conditions and terms of use.

Where (in which Cities or States):
In case of shipping abroad (if allowed), any expenses and customs clearance procedures of the goods are at the own expense of the Buyer and are not indicated in the price. ATTENTION: Castellani reserves the right to accept the purchase of goods to be shipped abroad. In this case, the contract will be perfected only on the condition of acceptance by Castellani of the shipment abroad, of the indication of the possibly increased price and the actual payment by the customer.
Availability of Goods:
As already mentioned, the number of pieces indicated as available or the indication of availability of the good may not correspond to the truth. Therefore, in the case in which the product, indicated as available, is in fact not so, the Seller will send a communication to the Buyer to inform him about the circumstance. In this case, the Buyer will choose, by answering, whether he prefers a full refund of the amount paid, or to wait for the possible subsequent availability of the good.
ATTENTION: Availability does not refer to out-of-scale goods for which the Customer must directly contact the seller at the following address: ecommerce@castellani.eu

Methods, Shipping Means, and Costs:
The goods are delivered to the Buyer via shipment, using means and methods of shipping proposed by the Seller.
The delivery costs, which are part of the sale price, may vary depending on the type and means of shipment, the type of goods, and the location of the recipient. In each case, the Seller publishes on the service the means and methods of shipping available to Customers, with specific indication of the costs. In special cases, direct communication will be given to the Buyer, who – if not accepting the price – may withdraw the order.
ATTENTION: in case of shipping outside the EU territory, the costs and charges for possible customs clearance are borne by the Customer. Therefore, when the purchase must be made from a non-EU country, it is recommended to contact customer service in advance (ecommerce@castellani. eu). In the case of shipping outside the EU, therefore, the contract is considered finalized only following the acceptance of the sale request by the Seller.

Where (recipient indicated by the Buyer and shipping address):
The goods are delivered to the address indicated by the Buyer (see the section relating to the sales phases about the presumption of coincidence between User and recipient).
Unless otherwise agreed, delivery is considered to be made at street level, and is not provided in case the destination address is in an exclusively pedestrian area, or on unpaved roads or difficult to reach.
In each case, the Buyer, when there are foreseeable difficulties in reaching the destination address of the goods (difficulties to reach the road, narrow street, accessible only on foot street, difficulty in loading the goods if delivery to the floor etc.), must promptly communicate it to the Seller, before entering into the contract (also following a specific request from the Seller) using the appropriate NOTE space. In such case, in the face of such reporting, the contract will be concluded only when the Seller, having taken note of the delivery difficulties, declares the intention to sell the goods and deliver them to the recipient. In any case, any additional shipping expenses due to the reported difficulties will be borne by the Buyer, who will however be informed of the cost increase before entering into the contract.
To whom:
The Goods can be delivered to a person different from the Buyer if he designates such a person as the recipient of the delivery (for example, in case of a gift) by filling in the appropriate fields (the field relating to the recipient of the goods can be different from that of the Buyer). In such a case, the delivery is completed with regard to such person indicated as the recipient, and with respect to that moments, the times provided by this Contract and by law run (for example, precisely, in terms of delivery, but also of withdrawal).

ATTENTION:
– In case of delivery to a company/office/business, it is always essential to indicate both the Surname and the Name of the person to whom the package is intended and the name of the Company, because the courier refers to the sign and/or the name on the bell.
– Couriers do not accept alternative delivery addresses in any case, even if they are close to the main address. Indications such as: “If no one answers the bell leave it to the neighbour, in case of absence deliver to the address…, etc.” will not be taken into consideration.

Risk Transfer:
If a means or method of shipping among those proposed by the Seller is used, the risk of loss, destruction, deterioration, or damage to the goods passes to the Buyer only when the goods are delivered by the Courier to the Buyer himself. Therefore, if such events occur before delivery to the Buyer, they will not be charged to the same.

Precautions in case of suspected damage to the goods:
In any case, if there is, for any reason, doubt or suspicion that the goods are damaged, it is represented that the Buyer has the right to refuse delivery, or to accept it with reservation (noting such form of acceptance, and the reason for the same – for example because the package is damaged – to the shipping Carrier). It is also recommended documenting, with photographs or other similar precautions, any damage to the goods or to the packaging . It is appropriate that the Buyer, in addition to mentioning the refusal or acceptance with reservation, immediately contacts the after-sales service of the Seller at the following address: ecommerce@castellani.eu.

Delivery Times and remedies in case of delay:
PREMISE: The estimated delivery times are visible for each item in the corresponding product sheet or during the purchase procedure. The days indicated represent the time of preparation, shipment, and delivery of the goods, bearing in mind that:
• The days to be counted are only the working days – therefore excluding Saturday, Sunday, and any holidays and/or closure for holidays by Castellani (for information about our closures inquire at our customer service or check on Google);
• Couriers normally deliver from Monday to Friday. At the moment they do not always deliver on Saturday, Sunday, and holidays.
• The count of days starts from the receipt of payment by Castellani;
• Particularly complex orders or orders with quantities higher than the norm may require longer times which will eventually be communicated by our customer service after the purchase.

ATTENTION: The times indicated in the Product information sheet are a prudent estimate based on the statistics of the numerous orders processed by Castellani and have purely indicative value. In any case, delivery must take place without unjustified delay, and in any case, must not occur beyond 30 (thirty) days since the purchase contract is signed by the Buyer for available goods. It is understood that in case the sheet indicates a term greater than thirty days, the purchase of the goods will constitute conclusion of the contract itself and the Buyer accepts such a longer term pursuant to art.61 co.1 Consumer Code. For unavailable goods, the expected delivery date is indicated in the product sheet.
ATTENTION: the indicated term does NOT apply to customized goods and those out of scale (for which the customer service must be contacted: ecommerce@castellani.eu).
ATTENTION: the term is considered respected even in the case of access to the address in the absence of the Buyer or the designated persons. The Carrier may make a second access or contact the recipient to agree on the delivery. The Buyer, therefore, cannot complain about the non-observance of the term when the non-delivery depended on his absence at the delivery address. Where the Buyer is aware of days or hours of absence, he must communicate it to the Seller or to the carrier in charge. A communication will be sent to the Buyer asking for confirmation of the intention to receive the goods when two accesses are made to the address indicated by the Buyer for delivery, and both do not have a result. In the case the buyer does not respond to the communication that is sent to the email address communicated by him to the Service, or communicates that he does not intend to receive the goods, the effects of withdrawal will be produced towards him (for which see the relative chapter of these conditions of sale).

Case of delayed delivery:
If the goods are not delivered within the term indicated by the Seller, or in any case within 30 days from the purchase or within the longer term agreed (for unavailable or customized products), the Buyer has the right to set an additional term (appropriate) for delivery by writing to ecommerce@castellani.eu. If also this term expires without having proceeded to delivery (except for the hypothesis of absence of the Buyer as indicated above), he has the right to terminate the purchase contract, quickly receive a refund of the price paid.
The Buyer does not have to set a new term, and the contract is immediately resolved (therefore with the consequence of the right to a refund of the expenses incurred for the purchase) in the following cases:
– if the Seller expressly refuses to deliver the goods;
– if, taking into account the objective circumstances that accompanied the contract, the delivery term must be considered essential (and it is such when, after such a term, the Buyer no longer has an interest in receiving the goods, such as for example for a dress that would have been needed for a specific competition);
– if the Buyer informed the Seller, before the purchase, that delivery within a certain term is essential (i. e., that for the Buyer delivery after such a term is not useful and is not accepted: think of a gift that must be delivered before the wedding). ATTENTION: in this last case, the imposition of the essential term has a decisive impact on the signing of the contract: the contract therefore will not be concluded, as provided above in the technical phases, with the sending of the order and with the payment, but only at the moment in which the Seller, having taken note of the maximum delivery term indicated by the Buyer, accepts such a term.
Any communication relating to non-delivery, late delivery, and any communication relating to delivery must be made by sending an e-mail to the following address: ecommerce@castellani.eu.

What is the Buyer’s withdrawal?
The right of withdrawal is a simple right of reconsideration.
The Buyer does not have to motivate it, and he can exercise it even when the product is fully efficient and in line with the description made by the Seller, but he (the Buyer) simply changed his mind and, after having received it, wants to return it and obtain a refund of the price.
In case the purchase involved several (numerous) goods, the withdrawal can also be exercised for only some of them. However, it cannot be exercised in the case of a single good that consists of several elements, even accessories, but sold as a single good precisely only in relation to parts or components of the good (for example complete trousers and jacket).
NOTE the difference between withdrawal and warranty: the withdrawal can be exercised concerning goods that have arrived intact and functioning, and that respond to the description made by the Seller. If in fact the good is not intact, does not work or is different from how described, the Buyer will have to or may activate the PROCEDURE OF WARRANTY OF CONFORMITY and not the WITHDRAWAL. It is therefore presumed that, in case of withdrawal, the good has arrived at the Buyer intact and functioning.
Terms of exercise of withdrawal (expiration term of the right: 14 days):
The right of withdrawal can be exercised within 14 (fourteen) days starting from the date of delivery of the good to the Buyer as indicated above in the delivery section.
Procedure:
The key moments of the withdrawal process and subsequent return are as follows:

• Communication of the intention to withdraw (with respect to the purchase contract) by the buyer to the seller through the following LINK or by communication to the following email: ecommerce@castellani.eu
• Communication, by the seller to the buyer, of information on the shipping and packaging methods;
• Return shipment of the goods to the following address: CASTELLANI s.r.l. Via Galileo Galilei Tr. III, 24
  San Zeno Naviglio, 25010 Brescia Italy
• Examination to check the integrity of the goods by the seller;
• Refund of the money spent for the purchase by the seller to the buyer;

Once the good has been received, and except for the exceptions indicated below, the Buyer can decide not to keep the good and return it to the Seller. In this case, he must use the appropriate form made available by the Seller, or send an email to ecommerce@castellani.eu, with the following Object: declaration of Withdrawal. In this email, the Buyer, in addition to communicating the will to withdraw (therefore return the good and obtain a refund), will take care to specify the order number if available or whatever else necessary to allow the Seller to correctly activate the withdrawal procedure.
The Seller will respond to the communication received by providing the Buyer with instructions for the return:
It will indicate the shipping address for the the return and will remind that the shipping costs, which also depend on the carrier chosen by the Buyer for the return from the recipient’s location, are borne by the Buyer. The Seller will also provide instructions for packaging (the original packaging must be used) and any accompanying documents to be included in the shipment.
ATTENTION: since some goods require qualified shipments or special packaging because they are valuable or because they are particularly fragile or bulky, the parties acknowledge that such instructions will be binding for the Buyer and that he, in case of return with means or methods different from those indicated by Castellani, will respond for the entire damage in the first person, being able to take recourse only subsidiarily towards the carrier.
ATTENTION: the simple shipment to the sender (Seller) of the good, without sending the communication indicated above does not constitute the exercise of the right of withdrawal.

The Buyer must then ship the good to the address indicated by the Seller within 14 (fourteen) days from sending the communication of withdrawal to the Seller as indicated above.
The Seller must finally proceed with the refund of the money, as indicated below, within 14 (fourteen) days from the receipt of the declaration of withdrawal. However, the Seller may withhold the refund until he has received the goods and examined their use by the Customer. In any case, once the goods have been received, the Seller has the right to examine them in order to assess their integrity.

Costs and refunds:
The withdrawal entails the refund of the price paid by the Buyer, except for the deduction of the costs of return and except as indicated beyond in terms of Risk and responsibility of the buyer and in terms of Exceptions for customized goods (only packaging).
The cost of returning the goods to the Seller is in fact borne by the Buyer, even in the case of a qualified shipment as indicated above. Any fiscal charges (taxes, duties, customs duties, etc.) that must be paid for the return to Italy of the goods in case of purchase from abroad are also borne by the Buyer and to be included in the costs of return that are not subject to refund.
The refund is made using the same means of payment chosen by the Buyer (except in the case of Cash on Delivery for which the payment will take place by bank transfer).

Risk and responsibility of the Buyer concerning the shipment:
The Buyer has the right to handle the good to establish and examine its nature, functioning, characteristics. Where there is not diligent use for this purpose by the Buyer and this determines a decrease in the value of the good, the Buyer is responsible. It is understood that the opening of packages, packaging or similar does not constitute excessive use ((over-use, beyond the normal and usual use), but is functional to the verification indicated above. Instead, they are an index of excessive use of the good the detachment of the tag, washing of the good, any breaks or abrasions or stains, damage to the packaging. In the case of responsibility, the decrease in the sum to be returned and charged to the consumer will be given by the difference in value between the new good (or the value of the good sold if used) and the good as saleable after such use.

Exceptions:
The right of withdrawal is excluded as it concerns
– Tailor-made packaged good (out of scale, to be purchased by contacting customer service at the following address: ecommerce@castellani.eu) or in any case customized: when the customer opts for the purchase of a customized or tailor-made good, he will decay, for that good, from the right of withdrawal. Given therefore that for customized goods the withdrawal of the buyer is not allowed, once the payment has been received, the Seller will carry out the customization, and the good will be sent to the Buyer and CANNOT be returned (however, the rights of the Buyer in terms of Warranty remain).

WITHDRAWAL and GIFT:
In case of withdrawal exercised following the indication of a recipient different from the Buyer, the related rights and procedures will be referred to the recipient on whom, however, the burden of taking from the Buyer the necessary information to exercise the right rests.

When the Buyer of the Good is entitled to the warranty:
The Seller is responsible towards the Consumer Buyer for any lack of conformity existing at the time of delivery.
To be in compliant with the contract of sale, the good must possess the following subjective requirements, where relevant:
(a) be of the description, type, quantity and quality, and possess the functionality, compatibility, interoperability and other features, as required by the sales contract;
(b) be fit for any particular purpose for which the consumer requires them and which the consumer made known to the seller at the latest at the time of the conclusion of the sales contract, and in respect of which the seller has given acceptance;
(c) be delivered with all accessories and instructions, including on installation, as stipulated by the sales contract; and
(d) be supplied with updates as stipulated by the sales contract.
3. In addition to respecting the subjective requirements of conformity, to be in conformity with the contract of sale the good must possess the following objective requirements, where relevant:
(a) be fit for the purposes for which goods of the same type would normally be used, taking into account, where applicable, any existing Union and national law, technical standards or, in the absence of such technical standards, applicable sector-specific industry codes of conduct;
(b) where applicable, be of the quality and correspond to the description of a sample or model that the seller made available to the consumer before the conclusion of the contract;
(c) where applicable, be delivered along with such accessories, including packaging, installation instructions or other instructions, as the consumer may reasonably expect to receive; and
(d) be of the quantity and possess the qualities and other features, including in relation to durability, functionality, compatibility and security normal for goods of the same type and which the consumer may reasonably expect given the nature of the goods and taking into account any public statement made by or on behalf of the seller, or other persons in previous links of the chain of transactions, including the producer, particularly in advertising or on labelling.
There is no lack of conformity under article 129, paragraph 3, and article 130, paragraph 2, if, at the time of the conclusion of the contract of sale, the Consumer had been specifically informed that a particular characteristic of the good deviated from the objective requirements of conformity provided for by such rules and the Consumer has expressly and separately accepted such deviation at the time of the conclusion of the contract of sale.
Towards whom the right to Warranty is valid:
The Buyer has the right to the Warranty towards the Seller, even in the case in which the seller sells goods produced by others (in such a case it will be the Seller to act in recourse, without prejudice to the rights of the Buyer, towards the Manufacturer). Therefore, it is the Seller who is obliged to withhold the performances of the obligations indicated below at the point Rights of the Buyer and to him the Buyer himself must turn to enforce the warranty.
Terms
The warranty operates for a time equal to two years from the delivery of the good. If therefore the defect manifests itself within two years from the delivery of the good, the warranty operates.
Unless proven otherwise, it is presumed that any lack of conformity manifesting itself within a year from the moment in which the good was delivered already existed at that date, unless such a hypothesis is incompatible with the nature of the good or with the nature of the lack of conformity.
If it manifests after that date, it will be the burden of the Buyer to prove that it already existed at the date of delivery.
The action of the Buyer towards the Seller is subjected to a limitation in twenty-six months from the delivery of the good. This short term does not run where the defects have been fraudulently concealed by the Seller.
ATTENTION: wear and tear of the good cannot constitute defects of the good. Similarly, the warranty does not operate in case of improper use of the good.
Procedure to activate the Warranty
The warranty can be exercised by sending an email to the following address: ecommerce@castellani.eu.
In the e-mail must be indicated the identification number of the order if available, link to the Product information sheet if possible, the defects and relative proof (photographs, description of the defect etc), indication of the date on which the defect was discovered, other relevant according to the Buyer (including the indication of the remedy chosen among those of the point that follows, namely, first of all, Repair and Replacement of the Good).
ATTENTION: the Customer can ship the good to the Seller only after the Seller has authorized the return. Any shipments without authorization will remain at the expense of the Customer and the shipping costs will not be reimbursed.
Rights of the buyer
The Buyer, in the event of a defect, has the right to obtain, without expenses, one of the remedies indicated in points 1, 2, 3 that follow.
Following the report of the defect, the Seller – if he consider the defect existing and the report to be timely – proposes to the Buyer one of the following solutions, providing information about the timing and manner of execution of the remedy (not about the costs which are borne by the Seller).
In case of non-conformity of the goods, the Consumer has the right to:
1) restoration of conformity
2) receive a proportional reduction of the price
3) termination of the contract on the following conditions:
1) RESTORATION OF CONFORMITY: For the purposes of restoring the conformity of the goods, the Consumer may choose between repair and replacement, provided that the chosen remedy is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on the Seller, considering all the circumstances and, in particular, the following:
a) the value the goods would have if there were no lack of conformity;
(b) the significance of the lack of conformity; and
(c) whether the alternative remedy could be provided without significant inconvenience to the consumer.
The Seller may refuse to bring the goods into conformity if the repair and replacement are impossible or if the costs that the Seller would have to bear are disproportionate, taking into account all the circumstances, including those mentioned above in letters a) and b).
When the restoration of conformity involves the repair or replacement of the goods, they are carried out by the Seller:
a) without expenses for the Consumer;
b) within a reasonable period of time from the moment the Seller was informed by the Consumer of the non-conformity; and
c) without significant inconvenience to the Consumer, taking into account the nature of the goods and the purpose for which the Consumer wanted the goods.
If the non-conformity defect needs to be remedied through repair or replacement of the goods, the Consumer must make them available to the Seller.
The Seller takes back the replaced goods at their own expense. The obligation to repair or replace the goods includes the removal of the non-conforming goods and the installation of the replaced or repaired goods, or the obligation of the Seller to bear the costs of removal or installation.
2) PRICE REDUCTION or CONTRACT TERMINATION: The Consumer has the right to a proportional reduction of the price or to the termination of the sales contract in the event that:
a) the Seller has not carried out the repair or replacement or has not carried out the repair or replacement, when possible, as provided in the previous point;
b) a non-conformity defect appears, despite the Seller’s attempt to restore the conformity of the goods;
c) the non-conformity defect is so serious as to justify the immediate reduction of the price or the termination of the sales contract; or
d) the Seller has declared or it is clear from the circumstances, that they will not restore the conformity of the goods within a reasonable period or without significant inconvenience for the Consumer.
ATTENTION: The Consumer does not have the right to terminate the contract if the non-conformity defect is only a minor lack of conformity. The burden of proving the minor lack of conformity of the defect lies with the Seller.
The price reduction is proportional to the decrease in value of the goods received by the Consumer compared to the value they would have had if they had been conforming.
If the non-conformity defect concerns only some of the goods delivered under the sales contract and there is a cause for termination of the sales contract, the Consumer may terminate the contract limited to the non-conforming goods and to those purchased together with the non-conforming goods, if it is not reasonably foreseeable that the Consumer has an interest in keeping the goods not affected by defects in their physical possession.
If the Consumer terminates the entire sales contract or, limited to some of the goods delivered under the sales contract:
a) the Consumer returns the goods to the Seller, at the Seller own expenses, and
b) the Seller refunds the Consumer the price paid for the goods upon receipt of the goods, or the proofs provided by the Consumer regarding having returned or shipped the goods.
ATTENTION: the Customer must contact the Seller and report

Without prejudice what has been mentioned regarding withdrawal, delivery, and warranty, for which reference is made to the relevant chapters of this document of Conditions of Sale, the Seller provides Customers with after-sales service, and general customer assistance. The service, managed by operators who speak Italian (and also English), can be reached in the following ways: Email: ecommerce@castellani.eu

The service operates on the following days and at the following times: Mon-Fri 8.00-12.30/13.00-16.30. The Customer Care service does not respond to communications that are not in Italian or English, and will still send the response in Italian or English.

The original contract, as well as other texts, is drafted in Italian. This is only a translation. Similarly, information and communications to Buyers and Users are drafted in the same language. The interpretation, lexical and legal meaning, of the contract refers to the Italian language. Any other languages will only be translations of it, but in case of conflict in interpretation, the lexical and legal meaning of the Italian version prevails. This contract is subject to Italian Law.

For disputes related to the sales relationship covered by this service, the court of the place of residence or domicile of the Buyer, if a consumer (i.e., if purchasing for reasons unrelated to his business, craft, commercial or professional activity) and residing in the European Union, has jurisdiction. For disputes with Business Users, the Court of Brescia will have jurisdiction.

The Buyer has the option to resort to ODR (Online Dispute Resolution) systems. The Seller does not adhere to any particular alternative dispute resolution tool. A link to the tool available to Professionals and Consumers in general, accessible to all, is attached: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=IT. For the purposes of activating the mentioned procedure, the Seller/Professional’s email address is as follows: ecommerce@castellani.eu

The Buyer’s personal data is processed as indicated in the Privacy Policy. Without prejudice to what is stated in the Privacy policy, the Buyer’s personal data is processed for the purpose of registering the customer and activating procedures for the execution of the sales contract and the necessary related communications. These data, in accordance with what is indicated in the information, are processed electronically and will be communicated to subjects delegated to perform the activities necessary for the execution of the contract (for example, carriers, warehouse, etc.). It is important for the Buyer to know that the Sales Service involves the use of third-party services, such as shipping, accounting management, payment systems, to which personal data are nevertheless communicated.

The invoice, even in the case of Sales to subjects not resident in the Italian territory, is drafted in Italian. The invoice must be requested before placing the order. After this term, it will not be possible to request it. In case of Withdrawal, where an invoice has been issued, a compensation document (credit note or similar) will be issued and sent.

The buyer has no right to use, copy, distribute content of any kind hosted in the Service (including photographs of goods). Neither the buyer nor users or visitors of the service may use models, photos, product descriptions, legal content, product presentation layout settings, and any other element endowed with creativity present in the service. Therefore, any use can only be made with prior written authorization, even by email, from the Seller.

I have read and understood the above-stated conditions of sale and with the placement of the order of purchase (or by sending the proposal of purchasing) I accept them.