Terms and Conditions
The following general terms and conditions of sale (hereinafter “T&C”) apply to all sales contracts between CASTELLANI SRL, a company established and governed by Italian law, with its place of business in via G. Galilei Trav . III 24, San Zeno Naviglio, Italy (hereinafter, “CASTELLANI”) P.I. 02833790179, which manages this website and the customer whose residence may be located in any country in which this website is or will be active (hereinafter the “Customer”).
The Customer must carefully read these T & Cs before making a purchase order on this website since purchase orders for items placed on this website are subject to the T & Cs. The Customer, by accepting these T & Cs, agrees and declares to be a consumer and to purchase CASTELLANI items exclusively for personal use and not to resell them as part of a commercial or business activity, of any kind. In order to safeguard its rights and legitimate interests inherent in the trademarks and associated with the consolidated goodwill value of CASTELLANI, the latter reserves the right and will be free to reduce the quantity of CASTELLANI items that can be purchased on this website.
Terms and conditions
1. Orders placed by the customer will be binding for CASTELLANI only after acceptance by CASTELLANI and further confirmation that CASTELLANI will send to the customer by e-mail. CASTELLANI may, at its discretion, refuse an order or decide whether to accept in whole or in part any changes requested by the Customer, provided that such requests are received by CASTELLANI before packaging the selected items.
2. If one or more items in the Customer’s order are not available (not only temporarily), CASTELLANI will have no obligation to supply; in this case CASTELLANI will notify the Customer of the unavailability of the ordered item and will not charge any amount already reserved as the price of the item in question, the reserved amount will be made available in accordance with normal banking rules.
3. The sales agreement between CASTELLANI and the Customer will be considered finalized with the written confirmation of the order which must be sent to the Customer by email by CASTELLANI.
4. The prices of the items will always be invoiced in Euros. CASTELLANI will do its best to always ensure that the prices indicated on the website are correct and updated. Shipping and delivery costs will be charged to the Customer at the time of shipment of the ordered item, based on the shipping rates in force listed in the relevant section of the website.
5. The delivery of the items purchased by the Customer will be made to the delivery address indicated. Shipping costs and delivery times may vary depending on the country, with a maximum delivery period of 60 (sixty) days: in the event that the delivery is delayed for reasons beyond the reasonable control of castellani, the Customer will be notified the new delivery date.
6. Payment will be made by the Customer at the time of the order by credit card or in the other methods indicated in the relevant section of the website.
7. CASTELLANI has the right, at its discretion, to refuse, suspend or cancel the delivery or the fulfillment of any of the obligations deriving from the sales contract signed with the Customer in the event of substantial breach by the Customer of the obligations which derive from previous or current sales contracts signed with CASTELLANI.
8. The Customer may return items purchased on www.castellani.eu, without any penalty, within fourteen (14) calendar days from the day of receipt by the Customer of the items in question. Following the return of the items to CASTELLANI, the sales contract will be considered canceled for all purposes and all related obligations, rights or claims will also lapse, without prejudice to the fact that if the items returned to CASTELLANI are damaged, CASTELLANI will have the right to withhold payment for items already made by the Customer. As per legislation, personalized and tailor-made goods for the customer are excluded from the right of withdrawal (for example gilet with personalized back).
Before sending the items back to CASTELLANI, the Customer must fill in the form contained in the shipment or on the web page.
The items must be sent to CASTELLANI, at CASTELLANI SAS via IV Novembre 36 Italy, at the risk and expense of the Customer, with a single shipment by courier or registered mail within ten (10) calendar days from the date of receipt of the items by of the Customer.
In addition to what is stated in the above terms and procedures, the Customer’s right to return will be considered exercised correctly when the following conditions have been met:
- the items that are returned must not have been used, worn, washed or damaged;
- the product identification tag must still be attached to the item together with the guarantee seal;
- the items must be returned in the original packaging, with any accessories or instruction manuals;
- on the outside of the box containing the returns, the label that detaches from the original invoice (or related invoices in the event that the returns are part of different purchase orders) must be glued.
Upon receipt of the returns, CASTELLANI will verify compliance with the above procedure and timely compliance with all the conditions of the case. As soon as it is able to confirm that the conditions provided have been met, CASTELLANI will send the Customer an e-mail message confirming the acceptance of the return and the start of the refund procedure so that the Customer receives the refund of the amount paid for returns within the following thirty (30) working days, regardless of the payment method previously adopted by the Customer. The refund of the amounts paid by the Customer will always be made exclusively in favor of the Customer who made the payment and directly to the credit card or Paypal account used for the purchase.
In the event that the above conditions have not been respected, CASTELLANI will send the customer the reasons for the refusal via e-mail, the customer will not be entitled to a refund of the amount paid to CASTELLANI; however, the Customer will have the right, at their own risk and expense, to have the item returned, it being understood that if the Customer does not ask to have the item back, CASTELLANI will have the right to retain it together with the amount received in relation to the transaction.
9. Except as stated in point 10 below, the Customer will be entitled to a guarantee covering defects in the items purchased on the website www.castellani.eu for 2 (two) years from delivery, provided that the defect is reported to CASTELLANI within 2 (two) months since it was found. Any request received after this period of time will have no effect. Subject to the following conditions, the Customer will have the right to obtain a refund of the amount paid for the defective items.
Before sending the defective items back to CASTELLANI, the Customer is required to call +39 0303534102 (Mon-Fri 9: 00-12: 00 and 14: 00-17: 00 working days) to ask for authorization to proceed with the return of the defective item.
Once the defective item has been received, once it is ascertained that the item does not meet the quality standards, CASTELANI will send the customer an e-mail message confirming the acceptance of the defective item and will start the refund procedure in favor of the Customer of the price paid for the defective item which must be completed within thirty (30) working days, regardless of the payment methods adopted by the Customer previously. The amounts paid will be refunded exclusively to the Customer who made the payment. On the contrary, when CASTELLANI does not accept the defect as a manifestation of insufficient quality, a written communication by e-mail will be sent to the customer, informing of the refusal of reimbursement and the possibility of receiving the product returned with the shipping costs charged.
10. THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE “AS IS” AND WITHOUT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED. www.castellani.eu DISCLAIMS ANY AND ANY LIABILITY REGARDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A CERTAIN PURPOSE TO THE EXTENT PERMITTED BY THE LAWS IN FORCE.
11. In the event that one or more provisions of these T & Cs should be null, voidable, illegal or ineffective, this will not result in the total ineffectiveness of the T & Cs. The ineffective provision (s) will (will) be replaced by another (other) valid provision (s), in which (s) the intention is taken into account and the contents of the same (s), in compliance with and pursuant to current legislation.
12. These T & Cs are subject to Italian law. Any disputes that may arise will be referred to the exclusive jurisdiction of the competent court of the city of Brescia (Italy).
N.d.T .: “As is” is an untranslatable legal term that is used to exclude certain implied warranties in the sale of a product.