TERMS AND CONDITIONS OF USE
GENERAL CONDITIONS OF ON-LINE SALES
These conditions are valid exclusively between Cavier Giaveri and any person, hereinafter referred to as the “CLIENT”, making purchases on-line on the internet site 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 the www.caviargiaveri.com web-site. The contract shall be concluded exclusively via the internet, by the CLIENT’s accessing the www.caviargiaveri.com address and the creation of a purchase order in accordance with the procedure laid down on the site itself.
ARTICLE 2 – Conclusion and effectiveness of the contract
- The sale shall be considered to have been concluded by the despatch by CAVIAR GIAVERI to the CLIENT of an e-mail confirming the order. The e-mail 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 communicate promptly any corrections.
- CAVIAR GIAVERI undertakes to describe and present the articles offered for sale on the site in the best way possible. That notwithstanding, it is possible that there could be errors, inaccuracies and minor differences between the web-site and the actual product. In addition the photographs 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 fulfil the terms of the delivery, the CLIENT will be informed promptly and may defer the purchase by agreeing a new delivery date, or may cancel the order and receive reimbursement in full of the amount paid.
ARTICLE 3 – Availability of the products
- Product availability refers to what is on hand at the time that the CLIENT consults the product records; this must however be considered to be purely for guidance since, simultaneous access of the site by a number of users could result in product being sold to someone else before the order is confirmed.
- Even after the order confirmation e-mail has been sent by CAVIAR GIAVERI, partial or total product shortages could occur. In this event the CLIENT will be notified promptly and may decide to accept delivery of only those products that are available or may request cancellation of the order by notifying Customer Services by e-mail.
ARTICLE 4 – Method of payment
- Each payment by the CLIENT is to be made solely through PayPal, Credit card or bank transfer.
We do accept only payments from verified PayPal accounts. The goods will be shipped once the payment has been received.
For payments made by 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 about 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 the product selling prices displayed and specified on the www.caviargiaveri.com web-site are expressed in Euros and are inclusive of 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 an e-mail sent by CAVIAR GIAVERI as confirmation of the purchase order.
ARTICLE 6 – Complaints – Faults and defects
- Should products be received that do not comply with the order or that are defective, the CLIENT must notify Customer Services at CAVIAR GIAVERI within two days of receipt, specifying whether he 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 in writing by e-mail to the address email@example.com 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 in as short a time as possible.
- If the CLIENT has in the meantime 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 turn down orders for delivery abroad.
- For each order submitted through the www.caviargiaveri.com site, CAVIAR GIAVERI will issue an invoice which will be attached to the goods.
- 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 payment in full for the same, including delivery costs or at the time of delivery should this be later.
ARTICLE 10 – Access to the site
The CLIENT shall have the right of access to the web-site for enquiry purposes and to make purchases. No other use of the site or of its content shall be permitted, particularly commercial. All of the elements of this website, whether audible or visual, and the relative technology used, remain the property of CAVIAR GIAVERI and are protected by intellectual property rights.
The CLIENT must refrain from any unauthorised use of the web-site as well as preventing the introduction of viruses, Trojan horses, worms, logic bombs or other programs or material that could cause technological damage.
ARTICLE 11 – Cookies
The www.caviargiaveri.com web-site uses “cookies”. Cookies are electronic files that record information about the CLIENT’s visit to the site (pages viewed, date and time of access, etc.) and that enable CAVIAR GIAVERI to offer a more personalised service to its clients.
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 the national borders.