Terms of Service
GENERAL TERMS AND CONDITIONS
1.1 These general sales terms and conditions (hereinafter, “ General Terms and Condition” and/or “CGV”) are applicable to all products bearing the “Cookware Couture” by Via Maggio srl brand (hereinafter, “Products” or “Product”) sold online through the Website www.cookwarecouture.com (hereinafter, “Website”).
1.2 The online sale service described in the General Terms and Conditions is an exclusive tool reserved for customers (hereinafter, “Customers” or “Customer” understood as individuals acting for purposes unrelated to their commercial, handicraft, business or professional activities, over the age of 18 ( or, if minors, authorized by their legal guardians).
1.3 Italian is the language to be used to conclude online contracts.
1.4 The Customer must carefully read the General terms and Conditions made available on the website in order to enable awareness, saving and reproduction by the Customer pursuant to article 12. Paragraph 3, Legislative decree no. 70 dated 9 April 2003 (“Implementation of the directive 2003/31/CE related to certain legal aspects of the services of the information company on the domestic market, with particular reference to electronic commerce”- hereinafter, “E-commerce Decree”.)
1.5 All contracts concluded with Cookware Couture by Via Maggio srl through the Website are governed by Italian law, in particular, by Legislature Decree no. 206 dated 6 September 2005 (hereinafter, “Consumer Code”) and by the “E-commerce Decree”.
2.1 The seller is Via Maggio srl legal domicile in Florence (FI), Via De’Sapiti 4R, Italy (VAT number 06460550483 )
INFORMATION REGARDING PRODUCTS AND THEIR AVAILABLITY
3.1 The information relating to all products and their product codes are available on the Website.
3.2 All products are subject to availability. Via Maggio srl reserves that right at all times to change the limits of the quantity and/or type of Products that can be purchased online on the Website. The style, models and colors of the products described on the Website may be changed without notice.
4.1 The prices of the Products are expressed in Euro on the Website and include all applicable taxes. The cost of delivery and duty must be added to the prices of the products as indicated separately on the order form.
4.2 Via Maggio srl constantly controls that all prices indicated on the Website are correct, without this however guaranteeing the absence of errors. In the event of errors being found in relation to the price of a Product, Via Maggio srl will allow the customer the possibility of either reconfirming the order of the Products at the correct price or cancelling the same.
4.3 The information contained on the Website does not represent an offer by Via Maggio srl
5.1 The essential features and the prices of the Products are specified in the offer relating to each product illustrated on the Website.
5.3 Should the customer need to change any data entered incorrectly, he/she must follow the relative change procedure on the Website before submitting the order proposal. More specifically, the Customer can change the quantity of the Products he/she intends purchasing by adding or removing one or more Products from the “cart”.
5.4 Upon sending the order proposal to Cookware Couture, the Customer acknowledges and declares to have followed all the instructions indicated during the purchase process, and also to fully accept the General Terms and Conditions.
5.6 If the Products are not available. Cookware Couture ensures the availability as written for each product on the website. Possible delays will be communicated by email.
6.1 The Customer can pay the price of the Product and relative delivery costs by credit card
6.2 Cookware Couture accepts payments made by: Bank Transfer
6.3 The transaction will be charged to the Customer’s credit card only after:
- All the client’s credit card data have been verified;
- The credit card company has authorized the purchase made by the client’s credit card and
- The product availability has been confirmed by Cookware Couture, after which the order will be ready for processing.
6.4 Cookware Couture also accepts payments by bank transfer, net of any expenses and costs for the beneficiary to the following IBAN code: IT 64 F 01030 02843 000000 501613 BIC/SWIFT: PASCITM1W23. Any bank expenses charged by the Customer’s bank will to the latter’s account.
6.4 If, for any reason whatsoever, it is not possible to charge the amounts owed by the Customer, the purchase process and the purchase will automatically be cancelled.
CONCLUSION OF CONTRACT
7.1 The contract entered into between Via Maggio srl/Cookware Couture and the Customer is understood as concluded at the time the Customer receives confirmation from Cookware Couture –sent according to the purchase procedure indicated on the Website- stating that the order proposal has been successful following verification of the availability of the Product and the charging of the price to the Customer’s credit card, or confirmation of payment made by bank transfer. The order proposal sent by the customer will only be binding for Via Maggio srl/Cookware Couture if the entire purchase procedure has been performed correctly, without the Website detecting any errors.
7.2 Cookware Couture reserves the right to partially evade the client’s order if one or more products ordered are not available. In this case, only the amount corresponding to the products delivered will be charged to the Customer.
7.3 Cookware Couture cannot be held liable for any malfunctioning generated by the data transmission network manager.
7.4 In accordance with 53 article of the Consumer Code, at the time of confirming the order or carrying out the contract, Cookware Couture will send the Customer an email with a summary of the General Terms and Conditions, the information relating to the essential characteristics of the Products purchased, details of the price and payment method, the delivery charges; the methods and conditions for exercising the right to withdraw, including information about the excluding of the right to withdraw in case of customized products; Cookware Couture’s address for any complaints, and all information about the customer services and existing commercial guarantees. The Customer must, without delay verify the contents of the email and immediately notify Cookware Couture in case of any errors or omissions.
INVALIDITY OF THE ORDER PROPOSAL
8.1 Without prejudice to everything laid down in paragraph 7 above, no order proposals will be understood as accepted by Cookware Couture and no contract will be intended as concluded between the Customer and Cookware Couture if Cookware Couture has reasonable and valid reasons to believe that the Customer:
(i) Intends to purchase
(ii)Is not operating with effective and genuine interest in purchasing the Products ordered or,
(iii) Exercises the right to withdrawal in an unlawful manner as indicated in paragraph 13 hear under.
8.2 In these cases, the order proposal sent by the Customer will be understood as invalid and without effect. Cookware Couture will send the Customer an email announcing the non-acceptance of the order proposed by Cookware Couture and failure to conclude the contract, while also taking care to cancel any charges and/or expense owed by the Customer.
SHIPMENT, TRANSPORT AND DELIVERY
9.1 For security reasons the products purchased on the Website will be delivered to the address indicated on the Customer’s credit card, unless otherwise communicated by the Customer, and upon delivery, the Customer or a delegated adult over the age of 18 must sign for the delivery. No deliveries will be made to post office boxes.
9.2 If the Customer decides to pay by bank transfer, the delivery will take place after Cookware couture has received said payment.
9.3 For each order made on the Website, Cookware Couture will issue an invoice for the Products shipped, which will be sent by email or post to the name on the order form, pursuant to Presidential Decree 445/2000 and Legislative Decree 52/2004. The invoice issued will refer to the information provided by the Customer at the time of placing the order. Once the invoice has been issued, no amendments will be possible.
9.4 The delivery expenses are to the Customer’s account and are clearly indicated on the order form.
9.5 All the purchases will be delivered by a selected courier (hereinafter, “Courier”) from Monday to Friday, excluding Saturdays, Sundays, and local or national holidays, and in any case by the first working day after the date of confirmation of acceptance of the order proposal, depending on the indicated availability. Cookware Couture cannot be held liable for any unforeseeable delays and/or which are only ascribable to the Courier, to whom all complaints must be made as per the relative case, The delivery ties vary 1-3 working days for express delivery and 4-6 working days for regular delivery.
9.6 However, except in cases of force majeure or unforeseeable circumstances, in accordance with article 54 article of the Consumer Code, the products will be delivered by a maximum of 60 days after the date after concluding the contract in compliance with paragraph 7.1 above, unless Cookware Couture communicates, also by email- within the same period or by the last day agreed for delivery – the impossibility of delivering the ordered products due to supervening unavailability, also temporary. In this case, Cookware Couture will refund any amounts already paid by the Customer for the supply.
9.7 In case of a communication sent by Cookware Couture regarding a delivery delay, if the Customer decides to cancel the order, any amounts already paid by the latter will be refunded as soon as possible, and however by and no later than 30 (thirty) days after the date on which Cookware Couture receives the cancellation of the order, with the exception of personalised products, in compliance with the provisions laid down in paragraph 12 hereunder.
9.8 When the Products are delivered, the Customer or a delegated person must be present at the delivery address indicated on the purchase order. When the Products are delivered by the Courier, the Customer must check:
(i) the number of packages corresponds to the number indicated on the transport document (DDT)
(ii) the package and the sealing materials are intact, not damaged, wet, in any way altered. Any damage to the packaging or discrepancies in the number of packages or the indications must immediately be recorded in writing on the Courier’s delivery confirmation bill. Once the Courier’s document has been signed without any comments added by the Customer, the latter will no longer be able to raise any objections regarding the external conditions of the delivered package.
The FEDEX delivery times vary from 1 to 3 working days for express delivery and from 4 to 6 working days for regular delivery.
SHIPPING CONFIRMATION AND DELIVERY
10.1 Cookware Couture will send an email confirming that the products have been shipped, as well as a further communication to confirm successful delivery.
11.1 PRODUCTS purchased at the Website will be delivered in their original Cookware Couture packaging.
12.1 In accordance with article 55, paragraph 2, letter (d) of the Consumer Code, the righto withdrawal, cancellation or return, that would otherwise be possible, is excluded in case of orders for personalized Products, for example, with the engraving of the Customer’s initials on the Product, without prejudice to paragraph 15 below, or in case of creating cookware to the Customer’s specific indications, bot literal and figurative. With regard to personalization, the Customer acknowledges that the graphic representation proposed on the Website may differ from the actual Product: in fact, the engraved images and photos may not correspond to the final aspects of the Product.
RIGHT TO WITHDRAW AND CANCELLATION OF ORDERS
13.1 Cookware Couture wishes to ensure the Customer’s complete satisfaction. Pursuant to article 64 of the Consumer Cole, the Customer has the right to withdraw from the contract, without giving any explanation and to return the Products purchased on the website, provided they are not personalized Products pursuant to paragraph 12 above, within a period of 10 (ten) working days after the date the Products were received.
13.2 In order to exercise the right to with draw, the Customer must send an email to the following address: email@example.com
(i) the intention to avail of the right to withdraw pursuant to article 64 of the Consumer Code;
(ii) the Products for which the Customer intends to avail of the right to withdraw;
(iii) the progressive order number indicated by Cookware couture at the time of confirming the purchase;
(iv) the Customer’s IBAN code, for making the refund, but only if the Customer had paid by bank transfer.
13.3 In case of exercising the right to withdraw, Cookware Couture will refund the full price of the Products provided these are returned by the Customer without having been used and not damaged, plus they must be accompanied by the relative original invoice and original Cookware Couture packaging. Cookware Couture will only accept returns/exchanges if the return instructions indicated above have been correctly observed and if the labels, stickers or seals are all in tact and affixed to the Product.
13.4 Cookware Couture reserves the right to reject the returning of the Products that fail to comply with these requirements. In case of defective Products, the provisions laid down in paragraph 15, “Compliance defects” will be applied. The refunds will be made in the same manner as the payment method applied for the purchase.
13.5 The expenses for returning the Products will be to the Customer’s account and no expenses borne by the Customer for returning the Products.
13.6 Each delivery contains user-friendly instructions for returning the Products.
13.7 Cookware Couture agrees to refund the Customer by and no later than 30 days after the date of the order cancellation or withdrawal notice, and to send an email informing the Customer that the refund has been made.
13.8 It is recommended to send the Products to be retuned by courier, to ensure the full amount of the Products, and to obtain a shipping number for tracking of the shipment. It is recommended to send the Products to be returned by courier, to ensure the full amount of the Products, and to obtain a shipping number to allow for tracking of the shipment. Cookware Couture will not be obliged to reimburse or refund Products shipped by the Customer that fail to arrive at destination due to loss, theft, or damage that cannot be ascribed to the same.
13.9 Should the Customer wish to change or cancel an order already placed, he/she must send an email within (7) seven days of placing the order to the email address: firstname.lastname@example.org Cookware Couture will do its best to satisfy the Customer’s request. However, once the products have been shipped, the order cannot be changed or cancelled. The Products delivered can still be returned fy following the regulations governing returns as described above.
14.1 Cookware Couture intends to allow the Customer the possibility of replacing Products purchased on the Website and for this purpose the Customer is obliged to follow the steps indicated below.
14.2 If the Customer is not fully satisfied or considers there are discrepancies on the order placed, he/she must conserve all the documentation relating to the delivery as well as the Product in its original packaging, and immediately contact Cookware Couture by email at email@example.com making sure to observe all the rules laid down in paragraph 13 above.
14.3 The Products to be replaced must be sent back to Cookware Couture in their original delivery conditions, as indicated in paragraph 13.3 above.
14.4 It must be noted that in the replacement procedure, the amount paid by the Customer will first be refunded as per the payment method used by the Customer for making the purchase (referred to in paragraph 6 above ), after which a new transaction can be carried out.
14.5 To start a product replacement process, the Customer must fill out a form that is found inside each delivered product, and clearly indicates the code and size of the new Product he/she wishes to receive.
14.6 The processing of a new order is subject to the availability of the Products requested.
14.7 The shipping expenses relating to the replacement of the Product are to the Customer’s account.
14.8 The replacement Product will only be sent to the Customer by courier services with no extra delivery charges or expenses in the case of the replacement being carried out by the Customer due to defects in the Product as per paragraph 15 below.
15.1 Should a product sol by Cookware Couture present any factory defects, and in any case for alleged non-compliance relating to Products sold by Cookware Couture, the Customer must immediately contact the customer service by email: firstname.lastname@example.org
15.2 The Products purchased are legally covered by guarantees as laid down in articles 129,130 and 132 of the Consumer Code. The Customer is entitled to the restoring, free of charge, of the compliance of the Product via repairs or replacement. Alternatively, should these remedies be unsuccessful, the Customer will be entitled to an appropriate reduction in price or termination of the contract. The Customer loses these rights if he/she fails to report the compliance defect to Cookware Couture by 15 days after the date of detecting the defect.
ERRORS OR INACCURACIES
16.1 Cookware Couture agrees to keep the Website constantly updated in the sections relating to the description and/or sale of the Products. However, it is not possible to guarantee the complete absence of errors. The Website pages may contain typing errors, inaccuracies or omissions in the prices, product availability, and also the Product information card. Cookware Couture reserves the right to correct any errors, inaccuracies or omissions even after a purchase proposal has been submitted, and also reserves the right to change or update the information at all times without notice.
GUARANTEE OF AUTHENTICITY AND INTELLECTUAL PROPERTY RIGHTS
17.1 Cookware Couture guarantees the authenticity of all the products purchased on the website. The products bearing the Cookware Couture brand are created exclusively by Via Maggio srl, produced by skilled workers, and all strictly and fully are MADE IN ITALY.
17.2 The Cookware Couture brand, with all its figurative and non figurative trademarks, service marks, found on the products and relative accessories and/or packaging, and trade dress, which may or may not be subject to registration, as well as all illustrations, images and logos protected by copyright, and more generally, all intellectual property rights relating to the Products are and shall remain the exclusive property of Via Maggio srl.
APPLICABLE LAW AND COMPETENT COURT
18.1 These General Terms and Conditions are governed by Italian law and must therefore be interpreted in compliance with Italian legislation.
18.2 In the event of any disputes arising in relation to the interpretation, validity and/or performance of these General Terms and Conditions, the binding territorial competence will be assigned to a judge in the place of residence or domicile of the Customer/final user.
19.1 For further information and assistance on the Website or the method of online purchasing, the Customer may contact Cookware Couture at the email address: email@example.com and also at the following postal address:
Via Maggio srl, Via Maggio 10R, 50125 Florence, Italy.