TERMS AND CONDITIONS OF SALE
Welcome to the website castori.it e castori.it (hereinafter also referred to as the "Website"), the official website of Vimpresa s.r.l. (hereinafter also referred to as "Castori") for the online sale of Castori products (hereinafter also referred to as the "Products").
The sale of Castori Products on this Website is managed in the name and on behalf of Castori by the company Vimpresa s.r.l., with head office in Cosenza (CS), in Via M. Bianchi 34 , registered at the C.C.I.A.A. (Chamber of Commerce) of Cosenza under no. REA 179576 of the Register of Companies, tax code/VAT number 02648290787, acting as commission agent and service provider, taking care of the procedure for collecting orders, collecting payments and the entire process of selling the Products, logistics, delivery of the Products to the end customer (hereinafter also the "Customer"), as well as the after-sales service.
1)Subject matter and scope
1.These Castori Website Terms and Conditions of Sale concern the online sale of Castori Products and are applicable to all distance sales of Castori Products exclusively made on this Website, including any telephone assistance provided by Customer Service.
2.These Castori Website Terms and Conditions of Sale therefore do not to sales of Castori Products made at the stores of Castori Product resellers or third parties; Furthermore, they do not concern and do not apply to the provision of services or the sale of products by parties other than Castori, even in cases where they are presented on this Website through links, banners or other hypertext links. Therefore, under no circumstances can Castori be held responsible for the provision of services and/or the purchase of products from third parties.
3.These Castori Website Terms and Conditions of Sale are drawn up in compliance with national laws in force and applicable European legislation on consumer rights.
4.The use of the distance selling service, which is the subject of these Terms and Conditions of Sale and described herein, is reserved exclusively for persons who qualify as consumers under current and applicable legislation, meaning any natural person who purchases Castori Products on the Website for purposes other than commercial, craft, business and/or professional activities (hereinafter also referred to as "Consumers"); it is therefore strictly forbidden to resell, hire and/or otherwise transfer for commercial and/or professional reasons the Castori Products purchased on this Website.
2) Acceptance of the Castori Website Terms and Conditions of Sale and conclusion of the contract
1.These Castori Website Terms and Conditions of Sale are published on this Website for the Customer's knowledge, storage and reproduction, as provided for by current and applicable legislation. It is therefore understood that, by placing an order on this Website (hereinafter also referred to as the "Order"), the Customer declares that he/she has read all the information provided to him/her during the purchase process and fully and unreservedly acknowledges and accepts these Castori Website Terms and Conditions of Sale.
2.Castori may update, supplement and/or amend these Castori Website Terms and Conditions of Sale at any time. Therefore, the Customer is requested to carefully read the Castori Website Terms and Conditions of Sale in force, before proceeding with the Order and making the purchase.
3.The electronic format of the Order, completed and sent by the Customer electronically, shall be considered as an irrevocable contractual proposal for purchase. Castori's receipt of the Order does not constitute acceptance of the purchase proposal, but only serves to confirm that the Order has been received and that it has undergone the process to check data and the availability of the products requested. The contract of sale of the ordered products (hereinafter also referred to as the "Contract") is concluded only when the Customer receives the e-mail confirming dispatch. Castori, in fact, reserves the right to refuse orders from Customers with whom a dispute is underway regarding the payment of a previous Order, Customers who do not provide sufficient guarantees of solvency, or orders which are incomplete or incorrect, or if the Products are not available, notifying the Customer by e-mail.
4.The Products remain the property of Castori until the Customer has paid the total amount due. In the event that the amount due is not paid or successful payment is not confirmed, the Order will be cancelled and, if the shipment confirmation e-mail has already been sent, the Contract will be considered terminated pursuant to and for the purposes of Article 1456 of the Italian Civil Code. The Customer will be notified by e-mail of the cancellation of the Order or the termination of the Contract, resulting in the cancellation of the Order.
3) Purchasing procedure
1.The Products offered for sale online by Castori are only those published on this Website at the time the Order is placed, as described in the relevant information sheets. It remains in any case understood that the images accompanying the information sheet of a product are for information purposes only and may not be perfectly representative of its characteristics, but may differ for example in colour and/or size (also due to the browser and monitor used to access the Website and the display mode or resolution of the images). Consequently, any confirmation of the status of a product is subject to the limitation of any inaccurate representation on the Customer's device; Castori does not guarantee the identity and graphic representation of the Products shown on the Website for the above reasons.
2.The purchase of Products on this Website may be made directly by persons who are of legal age and not incapacitated.
3.In order to place an Order, the Customer must fill out each part of the relevant form on the Website, providing the requested data and information in a correct and valid manner, and send the Order after having carefully read and accepted these Castori Website Terms and Conditions of Sale, as well as the characteristics and final price of the product(s) he/she intends to purchase. Therefore, the Customer is solely responsible for the selection of the products ordered and the data and information provided to complete the Order.
4.Correct receipt of the Order will be confirmed by an e-mail reply sent to the e-mail address provided by the Customer. This confirmation message will summarise the terms and conditions of purchase, as provided for by current and applicable legislation, as well as the data entered in the Order by the Customer, so that he/she can check them and, if necessary, promptly communicate necessary corrections of incorrect data.
4) Prices and Terms of Payment
1.Prices are in euros/local currencies, as indicated on this Website or on the Order page and are inclusive of taxes and VAT, unless otherwise stated on this Website or on the Order page. Any shipping costs or payment costs and any additional expenses are in any case communicated in advance to the Customer through this Website or these Castori Website Terms and Conditions of Sale or on the Order page and the final price of the product and/or products selected is displayed by the Customer before concluding the purchase.
2.The Customer is solely responsible for the data entered to make the payment, and therefore guarantees to use only credit cards or other payment instruments that are legitimately available to him/her.
3.For payment of the price of the Products, the Customer may follow one of the methods indicated in the "Orders and Payments" section of this Website and/or on the Order page. The information contained in this section forms an integral and substantial part of these Castori Website Terms and Conditions of Sale and, therefore, is deemed to be fully known and accepted at the time the Customer sends the Order.
4.In the event of payment by credit card, the payment procedure will take place via a secure connection directly connected to the bank that owns and operates the online payment service, which Castori cannot access. In particular, financial information (e.g. credit/debit card number or expiry date) will be forwarded, via encrypted protocol, to the banks providing the relevant remote electronic payment services, without third parties having any access whatsoever. Such data will not be stored in any information archive and therefore under no circumstances can Castori be held responsible for any fraudulent or illegal use of credit cards by third parties at the time of payment.
5.If the Customer chooses the payment methods PayPal, ALIPAY, ApplePay, GooglePay, SOFORT Banking or Klarna, where applicable, the Customer will be directed to the site of the relevant provider, where he/she will make payment for the Products according to the procedure provided for and regulated by the same, and according to the terms and conditions of the contract agreed between the Customer and the provider. The data entered on the provider's website will be processed directly by the latter and will not be transmitted or shared with Castori, which is therefore not in a position to know and/or store in any way the data of the credit card linked to the relevant accounts of the Customer, or the data of any other payment instrument connected to such accounts. The total amount due will be debited directly by these providers and in the event of termination of the Purchase Contract or in any other case of reimbursement, for whatever reason, the amount of the reimbursement in favour of the Customer will be credited to the relevant accounts used. The times for crediting the payment instrument linked to these accounts depends exclusively on the relevant service providers, so once the crediting order has been placed in favour of these accounts, Castori cannot be held responsible for any delays or omissions in crediting the amount of the refund, for which the Customer must contact the provider used directly.
5) Shipping and delivery
1.The Products purchased on this Website will be delivered to the shipping address indicated by the Customer in the Order, approximately within 2-3 (two- three) working days in Italy and within 3-5 (three -five) working days in European and non-European countries, from the date of acceptance of the Order by Castori, at the cost indicated on this Website and before the Order is sent.
2.Castori reserves the right to accept or refuse deliveries requested outside of Italy and/or Europe. In any case, for deliveries to be made outside Italy, the shipping costs and delivery times may vary from the times indicated, which are therefore considered estimated and not essential.
3. We only ship to countries belonging to the European Union.
4.The shipping times communicated by Castori are provided as a guide only: if the shipment arrives after these times or if the order is delivered in several shipments, this does not give the Customer the right to refuse the delivery or to request a reimbursement and/or compensation of any type. In particular, the above-mentioned times do not apply to customised products purchased on this Website, for which Castori will inform the Customer by e-mail of the delivery date when the products will be made and become available.
5.When the Products are delivered, the Customer is required to check:
- that the number of packages corresponds to the number indicated in the transport document;
- that the packaging is intact and is not damaged, wet or altered in any way, including the fastening (adhesive tape or metal).
6.It is therefore the Customer’s responsibility to check the conditions of the product delivered, it being understood that the risk of loss or damage to the products, for reasons not attributable to Castori, is transferred to the Customer when he/she materially takes possession of the product. If the Customer discovers that the packaging and/or the Product is damaged or the number of packages does not correspond to the transport document, they must indicate this immediately on the Product transport document and return this document to the delivery company. It is recommended that the Customer promptly reports any such problems to Customer Service.
7. For more information and further details on shipping and delivery, the Customer is required to read the "Shipping" section of this Website, the content of which is an integral and substantial part of these Castori Website Terms and Conditions of Sale and, therefore, is considered fully known and accepted at the time the Customer sends the Order.
6) Right of withdrawal, return and refund
1.The Customer has the right to withdraw from the Purchase Contract for any reason whatsoever, without giving reasons and without any penalty, no later than 14 (fourteen) working days from the date of delivery of the products (30 (thirty) days for the USA). Therefore, any such requests received after this deadline cannot be accepted.
2.To exercise the aforementioned right of withdrawal, the Customer must write an e-mail to Customer Service or fill in and send the form on the Website, no later than the aforementioned deadline. All instructions on the procedure to be followed are given in the "Right of withdrawal" section of this Website, the content of which forms an integral and substantial part of these Castori Website Terms and Conditions of Sale and, therefore, is deemed to be fully known and accepted at the time the Customer exercises his or her right of withdrawal.
3. The Customer must therefore scrupulously follow the above procedure and obtain a return code before being able to return the product to Castori, and must then return the purchased products at his or her own expense and under his or her own responsibility, no later than 14 (fourteen) days from the date he or she communicated the withdrawal (30 (thirty) days for the USA), to Castori at the following address:
Lotto H | Blocco C 6
80035 Nola (NA) | Italy
4.The products must be returned intact with all their parts and in their original packaging (bags and boxes), used only for the time strictly necessary to reasonably establish and verify their condition, characteristics and size, according to normal diligence, with no signs of wear or dirt, in compliance with the following conditions:
- the right of withdrawal may apply to the purchased product in its entirety, so it is not possible to exercise withdrawal only for a part of the purchased product (e.g. accessories, complements, etc.);
-the products must be returned in their original packaging (box, pack, packaging, accessories, pieces, protections, leaflets, etc.);
- the products must not have been used, damaged, worn, washed, modified and/or handled and the soles of the shoes must be perfectly intact (to this end, Castori strongly recommends that Customers try the shoes purchased on a particularly soft, smooth and clean surface);
-any labels and safety tags must still be attached to the products;
-shoe care products and personalised products purchased on this Website cannot be returned, so the right of withdrawal cannot be exercised for them.
5.In any case, Castori reserves the right to refuse the return if:
- the returned product and/or its accessories and/or its packaging are not intact;
- the product is missing its external packaging and/or the original internal packaging;
- the product is missing any integral elements and/or accessories (for example fasteners, laces, buckles, etc.);
- the product is damaged, deteriorated, dirty and/or used;
- the product has been returned after the deadline indicated above;
-the product was returned without following the return procedure or without a return form.
In such cases, Castori will return the product received to the sender, charging the sender for the shipping costs and, if already refunded, the price of the product.
6.Furthermore, Castori reserves the right to claim compensation for any damage caused by the Customer's negligent and/or wilful conduct when returning products. Castori cannot be held responsible for products lost or stolen beyond its control, or for returns to the wrong address, or for delays in the delivery of products returned beyond its control, it being understood that the Customer bears all the risks of the return and is required to provide proof of the same.
7.In the event of withdrawal, Castori shall reimburse the Customer for the full amount paid within 14 (fourteen) days of receipt of the notice of the withdrawal by way of a transfer of the debited amount, using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer shall not incur any costs as a result of such reimbursement. Castori may suspend the refund until receipt of the returned product or when the Customer proves to have correctly returned the product.
8.It is also possible to change size (except for customised products purchased on this Website), according to the terms and conditions indicated in the "Size Change" section of this Website, the contents of which form an integral and substantial part of these Castori Website Terms and Conditions of Sale and, therefore, are considered fully known and accepted at the time of the Customer's request. In this case, the conditions set out above for the return of the product shall apply in addition to the provisions in the relevant section.
9.It is understood that these return conditions apply exclusively to Castori Products purchased on this Website, therefore for Castori Products purchased elsewhere, please contact the relevant seller.
7) Warranty and conformity of products
1.Castori shall be liable to the Customer for any lack of conformity of its products existing at the time of delivery of the Product and arising within 2 (two) years from the date of delivery of the same; therefore, in such cases the Customer will be entitled to exercise the statutory warranty.
2.In order to be able to exercise this statutory warranty, it is necessary to keep the invoice or receipt of payment together with the transport document, for proof of purchase and verification of compliance with the aforementioned time limit. It is understood that this warranty will be applicable as long as the product has been used correctly, in accordance with its intended use and as provided for in the instructions for use and/or washing present on and/or with the product (in this regard, please consult the "Care and Maintenance" section on this Website and we remind you that Castori Products require special care and attention in their use and conservation, in order to maintain their technical and aesthetic characteristics over time). Where the warranty requires the product to be returned, it must be returned by the Customer in its original packaging, complete in all its parts (including packaging and any documentation and accessories).
3. To report conformity defects, please contact Customer Service and follow the instructions given to you (to return a product, the information in the "Right of Withdrawal" section applies, in so far as compatible).
4.Once the product has been returned to Castori, it will be inspected by our quality department. Should the reported defect or non-conformity exist, we will proceed with the repair or replacement of the product. However, if the inspection does not find a defect or non-conformity, we will return the product received and charge the Customer for the shipping costs.
5.In the event that, for any reason, Castori is unable to repair or replace the product, or the repair or replacement are, even based on the value of the product, too expensive, Castori may proceed to offer an appropriate reduction of the price paid by the Customer, or to refund the full amount paid.
8) Customer service
For any questions, information or to receive assistance on our Products or services offered, you can contact our Customer Service at the addresses and according to the procedures indicated in the section of this Website "Contact Us", the content of which is an integral and substantial part of these Castori Website Terms and Conditions of Sale.
9)Unavailability of Products and Force Majeure
1. If one or more Products published on the Website are no longer available or on sale at the time the Customer sends the Order, Castori will promptly inform the Customer of the unavailability of the ordered Products, and in any case within 30 (thirty) days from the day after the Order was received. In the event of payment of the price, Castori will immediately refund the amount advanced by the Customer.
2. Castori cannot be liable for any delayed delivery or non-delivery due to force majeure (including, but not limited to, any unforeseeable, unavoidable event or circumstance beyond Castori's control, such as the blocking of means of transport, earthquakes, fires, storms, floods, lightning strikes, suspension of telecommunications networks, wars, lockouts, strikes, epidemics and pandemics, measures taken by the authorities, etc.) or fortuitous events. Castori cannot be liable to the Customer for any (direct and/or indirect) damages, losses or costs suffered as a result of the delayed or failed execution of the Contract for the sale of the Products on the Website due to the above-mentioned causes of force majeure, the Customer being entitled only to a refund of any price paid in case of the impossibility of delivering the purchased Products.
10) Privacy and Cookies
11) Product authenticity and intellectual and industrial property rights
1. Castori guarantees the authenticity and quality of all the Products sold on this Website.
2. The Products sold on this Website are the result of the inventions and creations of Castori and of the considerable investments made by Castori to conceive, design, define, create and manufacture them, therefore they represent the company's know-how, they are subject to Castori's copyright and are mostly protected by intellectual and industrial property rights resulting from the filing and registration of trademarks, patents, designs and models; therefore they belong to and owned/held exclusively by Castori. The total or partial reproduction, modification or use in any form of designs, models, trademarks and/or patents owned and/or held by Castori is therefore strictly prohibited.
3. The Castori trademark, all figurative and non-figurative marks and in general all other marks, illustrations, images and logos present on Castori Products, accessories and/or packaging, whether registered or not, are and shall remain the exclusive property of Castori. Therefore, the total or partial reproduction, modification or use of trademarks, illustrations, images and logos for any reason and on any medium is strictly prohibited without the prior and express approval of Castori. Any combination of these trademarks with other marks, symbols, logos or any other distinctive sign capable of creating a composite logo is also prohibited without the prior and express approval of Castori.
12) Applicable law and competent court
1. These Castori Website Terms and Conditions of Sale shall be governed by and construed in accordance with Italian law, to the exclusion of conflict of laws and private international law, and the 1980 Vienna Convention on the International Sale of Goods shall not apply. In the event of any discrepancy between these Castori Website Terms and Conditions of Sale in Italian and in another language accepted by the Customer, the meaning and interpretation of the same in Italian shall prevail.
2. In the event of a dispute arising from the interpretation and/or application of these Castori Website Terms and Conditions of Sale, the court of the place of domicile or residence of the Customer, if located in the territory of the Italian State, shall have exclusive and binding jurisdiction. If the Customer's domicile or residence is located in a territory other than Italy, the Customer may take legal action, at his/her choice, before the court of his/her place of residence or domicile or the court of Cosenza, where Castori has its registered office. Alternatively, in accordance with Article 14 of Regulation (EU) No 524/2013, the Customer may initiate one of the out-of-court dispute settlement procedures provided for by legislation in force (including, for example, the procedure provided for by the online platform made available by the European Commission, which can be accessed via the website http://ec.europa.eu/odr).