Conditions
Terms and Conditions
Enforcement
The General Conditions herein are related to the purchase of products via distance-selling channels, and specifically on the Internet through the website "capobranco.com", owned by C.M. s.r.l., a company based in Via F. Crispi 104, Salerno, ITALY.
Online purchases through the www.capobranco.com website can be made only by Direct User/Customers. Every purchase operation is regulated by the rules included in the Italian Legislative Decree no. 185/99 and subjected to the Italian Law no. 675/96 and its later modifications.
Acceptance of the general sales conditions
By submitting an electronic confirmation of his/her purchase order, the Customer accepts unconditionally and commits to comply, in his relationship with C.M. s.r.l., the general conditions and terms of payment indicated hereinafter, also stating that he/she has read and accepted all the indications provided under the abovementioned rules and laws. He/she 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 General Sales Conditions are an integral part of all of C.M.'s contracts of item supply, even when orders are placed verbally, by email or through the Internet.
Delivery to Italy
The cost of delivery throughout Italy varies according to the weight and quantity of the purchased material, and is calculated automatically by C.M.'s system. The products will be dispatched through express courier Mail Boxes Etc. within 24 - 48 hours.
Delivery to other countries of the European Union
The cost of delivery outside of Italy is also calculated automatically by C.M.'s system. The products will be dispatched through an express courier delivering abroad.
Purchase terms
The purchase of products, available as indicated online in their related technical and descriptive sheets, is made by the Customer at the price shown, to be confirmed when the order confirmation is forwarded, with the addition of the cost of delivery displayed during the purchase phase. Before the purchase is confirmed, the Customer will view the unit price of each chosen product or the total cost if several products are selected, together with the delivery cost. Since the Customer is the end-consumer (i.e. an individual who buys the goods for a use that is not related to one's own professional activity), the Customer does not have right to any claim for damages or indemnification, nor to any contractual or extra-contractual responsibility for direct or indirect damages to persons and/or objects caused by the non-acceptance, even partial, of any order.
Customer's commitment
The General Sales Conditions herein must be read online by the Customer on the capobranco.com website before purchasing any item, since once the Customer has placed a purchase order, the Customer is believed to be aware of his/her commitment.
When the online purchase procedure has been completed, the Customer should print or save an electronic copy of these General Sales Conditions, in compliance with Articles 3 and 4 of the Italian Legislative Decree no. 185/1999 concerning mail sales or distance sales.
Terms of Payment
The payment of the ordered products and the eventual delivery costs shall be made using any of the following methods:
- 1. Cash only, if the method chosen is Collect On Delivery.
- 2. Paypal and Credit card through Paypal: the safety of the information, transactions and payments is the main feature of Paypal's activity and thus has an absolute priority. Paypal does the automatic cryptography of the confidential information that is transferred from your computer to our systems through theSecure Sockets Layer (SSL) protocol using a 168 bit cryptographic key (the maximum length available on the market). For more information, please visit https://www.paypal-marketing.co.uk/safetyadvice/PayPalSafeForBuyers.htm
- 3. Bank transfer to C.M.'s bank account: in the case of advance paymentthrough bank transfer, the goods ordered by the Customer are held until a copy of a document attesting payment is received within and not over 3 working days from the payment authorization. This document must be sent to C.M. s.r.l. by fax or email for the packing and delivery steps to take place. 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 (on 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. C.M. s.r.l. points out that the prices indicated in the end-consumers area include a 20% VAT.
Products warranty
The warranty covers exclusively manufacturing defects and the eventual non-conformity of the products. With the exception of the replacement of defective and non-conforming products, the supplier company does not hold any responsibility for direct and indirect damages rising from the use, including improper use, of the product by the consumer. Based on quality tests, C.M. srl assures the integrity and validity of the proposed products. In the case that goods should be defective or non-conforming, the Customer will have to send a recorded-delivery letter with an advice of receipt to C.M. srl within 10 working days from receiving the goods. This communication may be forwarded in advance by email, but must be confirmed by the recorded-delivery letter within 48 hours.
C.M. srl guarantees that the photos displayed on the website show the actual products that will be forwarded if purchased, thus the delivered products are exactly the same as the ones displayed on the website.
Right of Withdrawal
In the case the Customer should change his/her mind, he/she is free to exercise his/her right of withdrawal (in compliance with the Italian Legislative Decree n. 185 issued on 22 /05/1999) by sending back the purchased product and asking for a replacement or reimbursement, and explaining the reasons of his/her request.
The right of withdrawal can be exercised only by individuals acting for reasons and purposes that are not related to their own professional activity.
Thus the right of withdrawal cannot be applied to purchases made for reasons and purposes that are related to any retailer's or company's business.
How to exercise the right of withdrawal
In order to exercise his/her right of withdrawal, the Customer will have to send a recorded-delivery letter with an advice of receipt to C.M. srl via F. Crispi, 104/116 84126 Salerno - Italy, within 10 (ten) working days from receiving the goods. Such communication may be forwarded in advance by email, but must be confirmed by the recorded-delivery letter within 48 hours. In this communication the Customer will have to indicate the codes of the products to be returned and how he/she wants the payment refunded. Within 10 (ten) working days from the date of communicating the right of withdrawal, the Customer has to send back the purchased products, in their original package, 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 condition they were on delivery. Moreover C.M. s.r.l. points out that in no case the company will accept parcels sent with cash on delivery or freight collect methods. In order to exercise the right of withdrawal, the only costs the Customer will have to face are for the recorded-delivery letter and for the shipment for the return of the goods. The right of withdrawal is regulated by the Italian Legislative Decree no.185/1999.
How to receive the payment refund
After receiving the returned goods and having checked their integrity, within 10 (ten) days from the Customer's communication of withdrawal, C.M. s.r.l. will send the refund as soon as possible, in any case within 30 days from receiving the Customer's communication of withdrawal. The amount that we will send is exactly the amount paid by the Customer net of the delivery costs paid by the Customer to return the parcel to C.M. srl.
Complaints
For any clarification or complaint, C.M. s.r.l. can be contacted in any moment by email at info@capobranco.com
Privacy and treatment of the personal data
This is an informative report provided under the article no. 3 of the Italian Legislative Decree n. 196/2003, concerning the protection of the personal data of users of the services provided online by C.M. srl through its website www.capobranco.com.
Responsibility for personal data handling, place and terms of personal data handling
The use of the www.capobranco.com website may lead to the handling of data related to indentified or identifiable persons. The person in charge of this handling is C.M. srl, owner of the www.capobranco.com website.
The data are handled exclusively on the company premises and are dealt with by the company's personnel or by persons in charge of the maintenance and updating of the website.
No personal data provided by the users is communicated to others or divulged.
The personal data, provided by the users who require services, performances or information, are treated with the only aim of performing the required service or action or to provide the required information, and are communicated to third parties only in the case that this is necessary to perform this task, thus, only for the required services and performances, the data may be disclosed to the company's personnel, consultants, agents, persons in charge dealing with accountancy, fiscal, contributive, telematics 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 credit recovery, and to persons in charge of the forwarding of documents and of corporate control.
Personal data are handled using automated devices and paper strictly for the time necessary to achieve the aim they were collected for and in full compliance with laws and regulations, according to the principles of correctness, lawfulness and transparency and only with the aim of fulfilling the Customers' requests to the company and for the compliance with all civil, accountancy, fiscal and public safety laws.
Data may also be used to send informative material on the services and promotions offered by the company and 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, due to their nature data might be elaborated and associated to other data in order to allow identification of the user.
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 an answer, the numeric code indicating the status of the server's answer (finalized, not finalized, etc.) and other parameters related to the operating system and to the user's informatics environment.
These data are used with the only aim of acquiring anonymous statistic information on the use of the website and to check its correct working and are deleted immediately after the processing. The data may be used for the investigation of responsibility in the case of alleged informatics crimes aimed against this website: apart from such cases, 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 emails to the addresses shown on this website results in the acquisition of the sender's email address (and of the eventual personal data included in the email), which is necessary to reply with the information and/or services required.
Besides all the abovementioned concerning netsurfing data, the user is free to provide or not his/her own personal data as requested in the purchase form, but it is obvious that this may cause the impossibility of finalizing the transaction or any other request.
Users' rights
The subjects whose personal data are referred to have the explicit right (in compliance with ex art.7 of Legislative Decree no.196/2003) at any moment to receive the confirmation of the presence of their own personal data and to know their content and the origin, to check their correctness or ask for their integration, updating, or correction.
In compliance with the same article, the user has the right to ask for the cancellation, the transformation to anonymous form or the block of data being handled against the law, or to deny, for legitimate reasons in any way, their handling by sending a formal request to the company's email address.
Jurisdiction and applicable law
The sales 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 distant-selling sales contract, if the buyer is a 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 Court of Salerno