Conditions
Sales terms and conditions
Enforcement
These General Conditions are related to the purchase of products at a distance, through Internet on the web-site "capobranco" owned by C.M. s.r.l. based in Salerno, in Via F. Crispi, 104.
All the purchases made on the site www.capobranco.com are dedicated to direct-user customers. Every purchase operation is regulated by the measures included in the Italian Legislative Decree n. 185/99 and subjected to the Italian Law no. 675/96 and its later modifications.
Acceptance of the sales general conditions
The Customer, by sending telematically the confirmation of his own purchase order, accepts unconditionally and engages himself to observe, in his relationship with C.M. s.r.l., the general conditions and payment terms indicated here below, stating to have read and accepted all the indications provided under the above mentioned norms and laws. He also takes note of the fact that C.M. s.r.l. is not bound to different conditions unless previously agreed in writing.
The following sales General Conditions are an integral part of all our contracts of items supply, even when the orders are received verbally, by e-mail or through internet.
Delivery to Italy
The cost of the delivery throughout Italy varies according to the weight and quantity and is calculated automatically by our system. The products will be dispatched through the express courier Mail Boxes Etc. within 24 – 48 hours.
Delivery to other countries of the European Union
The cost of the delivery outside Italy will be calculated automatically by our system too. The products will be dispatched through an express courier delivering abroad.
Purchase terms
The purchase of products, that are indicated as available on-line in their related technical and descriptive sheets, is effected by the customer at the showed price to be confirmed when the order confirmation is forwarded, besides the cost of the delivery that is displayed during the purchase phase. Before the purchase is confirmed, the Customer will view the unit price of each chosen product and the total cost, in case several products are selected, together with the delivery cost. Since the Customer is the end-consumer (i.e. a natural person who buys the goods for an use that is not related to one’s own professional activity), the Customer does not have any right to any claim for damages or indemnification, or to any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or objects caused by the missing acceptance , even partial, of any order.
Customer’s engagements
These Sales General Conditions must be read on line by the Customers on the site capobranco.com before they purchase any item, since, once anything has been purchased, the customers are believed to be aware of their engagements.
When the on-line purchase procedure has been completed, the customer prints or save the electronic copy of these Sales General Conditions, in compliance with the articles 3 and 4 of the Italian Legislative Decree n. 185/1999 about the sales at distance or by mail.
Payment terms
The payment of the ordered products and the eventual delivery costs shall be effected by any of the following:
- payment by cash on delivery with mark expenses.
- Paypal and Credit card on Paypal: the safety of the information, transactions and payments is the main feature of Paypal’s activity thus it has an absolute priority. Paypal does the automatic cryptography of the confidential information that are transferred from your computer to our systems through the Secure Sockets Layer (SSL) protocol using a length of cryptographic keys that is 128 bit (the maximum length available in the market). For more information about
- Bank transfer to our bank account: In case of advance payment by bank transfer, the goods ordered by the Customer are booked until the copy of the payment document is received within and not over 3 business days from the payment authorisation. Such document shall be sent to C.M. s.r.l. by fax or e-mail in order to proceed with the packing and delivery of the goods. The bank account details will be forwarded during the purchase phase. Secure Payments with Paypal visit the site www.paypal.com
Invoicing
The goods are delivered together with a commercial invoice that is issued (in paper and included in the parcel with the purchased items) by C.M. srl – Vat no. 02158500658 legally based in Via F. Crispi, 104/116 84126 Salerno. We point out that the prices indicated in the end-consumers area include VAT of 20%.
Products warranty
The warranty covers exclusively the manufacturing defects and the eventual non-conformity of the products. With the exception of the replacement of defective and not-conform products, the supplier company does not hold any responsibility for direct and indirect damages rising from the even improper use of the product by the consumer. C.M. srl assures the integrity and validity of the proposed products, on the base of the effected quality checks. In case the goods are defective or not-conform, the buyer shall send a written registered mail to C.M. srl within 10 business days starting from the goods receipt. Such communication can be sent in advance by email, besides being sent by registered mail within 48 hours.
C.M. srl guarantees that the photos displayed on the web-site have been taken to the products that will be forwarded if purchased, thus the delivered products are exactly the same as the ones displayed on the web-site.
Withdrawal right
In case the Customer changes his mind, he is free to exercise the withdrawal right (in compliance with the Italian Legislative Decree n. 185 dated 22 /05/1999) by sending back the purchased product and asking for the replacement or reimbursement and explaining the reasons of the request.
The withdrawal right can be exercised only by a natural person that act for aims that are not related to one’s own professional activity.
Thus the withdrawal right cannot be applied to purchases effected for aims that are related to any retailer’s or company’s business.
How to exercise the withdrawal right
In order to exercise the withdrawal right, within 10 (ten) business days from the goods receipt the buyer shall send a written note by registered mail with return receipt to C.M. srl via F. Crispi, 104/116 84126 Salerno - Italy. Within the same time-limit this communication can be sent by email too, on condition that it is confirmed by sending the registered mail with return receipt within the next 48 hours. In such communication the buyer shall indicate the codes of the products to be returned and how the payment shall be returned. Within 10 (ten) business days from the date of the withdrawal right communication, the buyer has to send back the purchased products inside their original packing to the following address: C.M. srl via F. Crispi, 104/116 84126 Salerno – Italy. The returned products must not have been used and must be absolutely in the same conditions they were at the delivery. Moreover we point out that in no case the company will accept parcels with payment by cash on delivery or freight collect. In order to exercise the withdrawal right, the only costs the buyer has to bear are the registered mail and the transport for the return of the goods. The withdrawal right is regulated by the Italian Legislative Decree no.185/1999.
How to receive the payment refund
After we have receive the returned goods and we have checked that their integrity, within 10 (ten) days from the communication the buyer has sent to exercise the withdrawal right, we will send the refund as soon as possible, in any case within 30 days from the withdrawal right communication receipt. The amount that we will send is exclusively the paid amount net of the delivery costs paid by the buyer to return the parcel to C.M. srl.
Complaints
For any clarification or eventual complaint, C.M. srl can be contacted in any moment bye mail to info@capobranco.com
Privacy and treatment of the personal data
It is an informative report provided under the article no. 3 of the Italian Legislative Decree n. 196/2003 “Code concerning the protection of the personal data to the ones who use the web-services of C.M. srl, that are accessible telematically through http://www.capobranco.com, that is the home-page of C.M. srl’ s web-site.
Responsible for the treatment, place and terms of the treatment
After the netsurfing of this web-site we can treat data related to indentified or identifiable persons. The responsible for their treatments is C.M. srl, owner of the web-site www.capobranco.com.
The data are treated exclusively by our company site and are dealt with by the company’s personnel or by persons in charge of the maintenance and updating.
No personal data provided by the users is communicated to others or spread.
The personal data, provided by the users who require services, performances or information, are treated with the only aim to perform the required service or action or to provide the required information and are communicated to third parties only in case this is necessary to perform this task, thus, only for the required services and performances, the data might be spread to the company’s personnel, consultants, agents, persons in charge dealing with accountancy, fiscal, contributive, telematic and informatics administration, to bank and financial institutions, or to subjects in charge of the protection of the company’s interests regarding jurisdictional, administrative and extrajudicial matters and for the credits recovery to persons in charge of the forwarding of the documents for the company control.
The personal data are treated by automated and paper instruments just for the time that is strictly necessary to the achievement of the aim for which they have been collected and in full respect of the law, according to principles of correctness, licitness and transparency and for the only aims to fulfil the requirements of the user to the company and for all the fulfilment of the civil, accountant, fiscal and public safety laws.
They can also be used to send informative material on the services and promotions of the company of its subsidiaries.
Netsurfing data
The informatics systems and software procedures for the working of this website acquire, during their normal working, some personal data whose transmission is implicit in the use of the internet communication protocols.
Even if they are not collected for the direct association to identified interests, for their own nature they might be elaborated and associated to other data in order to allow the users’ identification.
For instance the IP addresses or the names of the computers of the users who visit the website, the URL (Uniform Resource Identifier) addresses of the required resources, the time of the request, the method used to send the request to the server, the dimension of the file received as answer, the numeric code indicating the status of the server answer (correct, fault ect.) and other parameters related to the operative system and to the informatics environment of the user.
These data are used with the only aim to get anonymous statistic information on the website use and to check the correct working and are deleted immediately after the processing. The data may be used for the investigation of responsibility in case of eventual informatics crimes damaging this website: save this eventuality, the contact data are not kept on this website for more than 7 days.
Data provided voluntarily by the customer
The optional, explicit and voluntary forwarding of e-mails to the addresses indicated on this website entails the successive acquisition of the sender e-mail address (and of the eventual personal data indicated in the email), that is necessary to reply with the information and/or services required.
Besides all what is indicated previously for the netsurfing data, the user is free to provide or not his own personal data requested in the purchase form, but it is evident that this may cause the impossibility to provide the required transaction.
Users’ rights
The subjects whose personal data are referred to have the explicit right (according to the ex art.7 of the Legislative Decree.no.196/2003)in any moment to receive the confirmation of the presence of their own personal data and to know the content and the origin, to check the correctness or ask for the integration or updating, or the correction.
According to the same article, the user has the right to ask for the cancellation, the transformation to anonymous form or the block of the data treated against the law, or to deny, for legitimate reasons in any way, their treatment by sending a proper request to the company’s email.
Jurisdiction and appliable law
The sale contract between the customer and C.M. s.r.l. shall be considered finalized in Italy and regulated by the Italian Law. For the settlement on any civil and penal dispute rising from the finalization of this sales contract at distance, if the buyer is an user, the territorial competence belongs to the place of jurisdiction where the user’s place of residence is; in all other cases the territorial competence is exclusively the Tribunal of Salerno.