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Terms and Conditions

1 - GENERAL PROVISIONS

1.1

The following general conditions of online sale, also referred to as "Conditions" are valid exclusively between Bond Street Cascella U & C Sas headquartered in La Passeggiata, 07021 Porto Cervo (OT), VAT num 01331630689, hereinafter referred to as "CASCELLA", and any person who makes purchases online on the website www.cascella.org., below called "CUSTOMER".

1.2

Conditions apply to purchases made on www.cascella.org website in accordance with provisions of Part III, Title III, Chapter I of the Legislative Decree 2006/2005 (known as "Consumer Code") amended by Decree 21/2014 and by Legislative Decree 70/2003 regarding electronic commerce.

1.3

Conditions may be subject to unilateral changes made by the website owner and date of publication of these conditions on the website will be the date of entry into force.

2 - SUBJECT OF CONTRACT

2.1

The General Conditions of Sale govern the operations with which CASCELLA sells to the CUSTOMER who shops online the objects listed and offered for sale on www.cascella.org. The contract is concluded exclusively through the Internet once the CUSTOMER accesses and signs up with the website and by completion of a purchase order according to procedure contained in the contract.

2.2

It is the responsibility of the CUSTOMER, before proceeding with the purchase, to read these general terms and conditions of sale and expressly accept them before sending the order. Furthermore, in the email which will confirm the order, the CUSTOMER will also receive the link to download the terms and conditions as required by art. 51, paragraph 1, of the Consumer Code.

3 - PRE-CONTRACTUAL INFORMATION

3.1

CASCELLA, offers, also online, clothing and accessories of the best national and international brands.

3.2

The CUSTOMER, before the completion of the purchase, is required to examine the specific technical characteristics of each of the goods selected on the basis of technical data product. To this end, before the conclusion of the purchase agreement and before the order is validated with payment requirement, the CUSTOMER is adequately informed about:
•    The total price, including taxes and any costs already quantified;
•    The method of payment;
•    The time limits within which CASCELLA undertakes to deliver the goods;
•    Any return policy and conditions with the costs for the return of the goods;
•    The existence of a guarantee on the goods sold.
•    The ability to make use of warranty services and after-sales services offered by CASCELLA.

4 - COMMERCIAL POLICY, END USER AND USE OF THE WEBSITE

4.1

The sale of goods offered by CASCELLA is exclusively reserved for "end users" better identified in the following paragraph.
CASCELLA reserves, in any case, the right to refuse its services or fulfillment of orders to anyone, and at any time, who uncovers irregularities.
CASCELLA also reserves the right to make corrections and/or changes to the site and its content if considered necessary and without notice.
CASCELLA also ensures the correction of any errors on its website only in order to ensure that the contents offered always comply with current rules and regulations in countries different from Italy.
CASCELLA disclaims any liability in the event of access to the website made from countries or places where certain contents offered are illegal or contrary to internal regulations.
Users accessing from such locations do so at their sole responsibility.

4.2

The sale of products on www.cascella.org, also in observance to the trade policy referred to
in Section 4.1., is reserved exclusively for CUSTOMERS who:
Qualify as "end users" meaning those individuals, whether natural or legal, who use the e-commerce platform with no business, commercial or personal purpose;
- They are aged 18+;
- Have previously signed up with the site and possess a valid e-mail account;
- Accept the terms and conditions of www.cascella.org governed by the Italian law.
In any case, CASCELLA reserves the right not to proceed with orders made by users who do not meet the above characteristics;

4.3

It is expressly forbidden to reproduce the products offered by CASCELLA on its website prior to expressly written consent obtained from CASCELLA. Likewise, uses of content and brands on the website are prohibited if not expressly authorized by CASCELLA.
CASCELLA disclaims any liability if, by hypothesis not attributable to CASCELLA itself and its website, the colors of the products do not accurately reflect the items ordered.
CASCELLA guarantees constant maintenance of its site in compliance with international standards for the internet declining any liability in cases where the CUSTOMER encounters difficulties, not caused by the maintenance of the site, with the completion of the transaction.
The use of www.cascella.org - containing information on clothing and method of payments – made by potential CUSTOMERS constitutes acceptance, by the same, of standards and conditions listed herein. Failure to accept these standards and conditions will result in CASCELLA requiring the CUSTOMERS to abstain from visualizing and using www.cascella.org.

5 - CONDITIONS OF SALE

5.1 - CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

The presentation of products on www.cascella.org constitutes, by virtue of the provisions of regulations in force, an invitation made by CASCELLA to propose, by means of electronic communication, and does not indicate, in any way, the prior will of CASCELLA to bind itself in case of acceptance.
Inside the online store, the CUSTOMER may select a category or a designer to identify the products of interest, each of which will be accompanied by a descriptive card containing information on the model, price, composition, sizes and colors of the product, as well as stock availability.
In order to finalize the purchase agreement between CASCELLA and the CUSTOMER it is necessary that the latter draws up and forwards the products order. The order will be considered as a contractual offer of purchase made by the CUSTOMER towards CASCELLA for the products included in the CUSTOMER’s shopping bag.
The sales contract with CASCELLA will be concluded only when the CUSTOMER receives an e-mail of acceptance of the offer to purchase ("Shipping Confirmation") which will also contain information related to the shipment of the product and the expected date for delivery.

5.2 - CASCELLA PRODUCTS ORDERS

The procedure of CASCELLA products purchase begins with the CUSTOMER, previously registered on the site in accordance with art. 4.2., who prepares a virtual shopping bag. By clicking ‘Add to basket’ the CUSTOMER will be able to select the products of interest, potentially to buy, and decide later - before confirming the order – which products to purchase. By clicking "Delete Item", in fact, it is possible to delete the products already included in the shopping bag.
The purchasing system provides the ability to create a personal wish list containing the list of ‘favourite’ products chosen by the CUSTOMER: these products will remain in the personal page of the CUSTOMER for the time necessary for the completion of the purchase. The purchase phase is concluded once the CUSTOMER sends the order and, in order to do this, the CUSTOMER must enter their login credentials on Cascella.org so that they are recognized by the system. In the event that the CUSTOMER is not already registered, the system will require the prior completion of such procedure in order to proceed with the completion of the order. Once signed in, the system will store the personal data of the CUSTOMER, who, in compliance with privacy regulations in art. 13 of the Terms and Conditions, will be able to proceed with the purchase of products as well as with the amendment of their data by accessing "My Account" section.
The shipment of the order is considered as a contract proposal but does not constitute acceptance of the proposal from CASCELLA. In fact, by sending the Confirmation Order, only the receipt of the order and the submission of the same to verification process of the data as well as the availability of the products requested are confirmed. The sales contract with CASCELLA will end in accordance with art. 6.2. of the Terms and Conditions.
The order may be cancelled before receiving the "shipment confirmation" provided that the same has not already been prepared for the shipping process. In this case only, no payment will be charged to the Client.
It is, however, subject to the right of withdrawal to the Terms and Conditions of art. 9 of Conditions.

3.3 - PAYMENT

The payment owed by the CUSTOMER to CASCELLA for the purchase of the products selected in the Order, is indicated on www.cascellla.org at the moment of purchase.
The amount will also include, where applicable, the shipping costs that will be adequately indicated prior to the payment request.
All prices quoted on www.cascella.org include VAT as required by law and are in indicated in Euro.
The CUSTOMER accepts that CASCELLA can change prices at any time: however, goods will be billed based on the prices listed on the site at the time the order is created and indicated in the confirmation email sent to the CUSTOMER by CASCELLA.
In the event of a computer, manual, technical error or fault of any nature that may result in a substantial change, not foreseen by CASCELLA, of the public selling price that makes it exorbitant or clearly insignificant, the purchase order will be considered invalid and cancelled. The amount paid by the Client will be returned within 14 (fourteen) days from the cancellation date.

5.4 - PAYMENT METHODS

The payment must be made by the CUSTOMER at the time when the system requires it, once the “shopping cart” of the CUSTOMER is closed. CASCELLA, currently accepts the following payment methods:
- Payment by credit card: the payment of the fee is made by means of secure servers (SSL) of the bank card network selected by the CUSTOMER which will contain all necessary data, including those of the credit card, for finalization of payment. Subsequently, the CUSTOMER will be automatically redirected to the home page of www.cascella.org website.
- Payment through PayPal, in which the CUSTOMER will purchase products through their verified PayPal account. CASCELLA only accepts payments made from verified accounts and reserves the right to ship the goods only to the address indicated in the verified account. Other payments will, however, be cancelled.

In the event that the payment is successful, the CUSTOMER will receive a confirmation email to the address provided during registration and their order will be forwarded to the administration dispatching the same.
In case, however, the payment does not go through, the order will remain recorded thus enabling the CUSTOMER to make payment within 48 hours without having to reorder the product/s.  After such time – 48 hours – the order will expire and the goods will be available again.

3.3

CASCELLA allows the CUSTOMER, at any time and before the conclusion of the contract, to check the information related to CASCELLA and, where necessary, the information related to CASCELLA herein: Bond Street Cascella with U & C Sas registered office in La Passeggiata, 07021 Porto Cervo (OT), VAT num 01331630689.

5.5 - BILLING

The CUSTOMER, by buying CASCELLA products, expressly agrees to receive their bills electronically to the email address provided at registration.
The order invoice will also be communicated with appropriate warning in the personal section of their account.

6 - SHIPMENTS

6.1 - DELIVERY METHODS

CASCELLA regularly ships products all around the world using the express delivery service DHL.
All orders regularly paid for will be processed within 2 (two) working days from Monday to Friday: orders placed on Saturdays and Sundays will be processed the following Tuesday.
Once shipment is sent, the CUSTOMER will be communicated a tracking number of their shipment so that they can constantly monitor it on the DHL website.
Once the goods are delivered to the address indicated by the CUSTOMER, the latter should inspect the package before signing the document of delivery. Where the packaging shows signs of tampering or it is not perfectly intact the CUSTOMER may sign the delivery document conditionally, or reject the same. Any errors must be promptly disclosed to CASCELLA customer centre by e-mail.
If the customer refuses to deliver the goods, any shipping charges required to return the package to CASCELLA will be deducted from the amount to be refunded to the Client.

6.2 - TIME, DELIVERY COSTS AND TAXATION

Delivery depends on the areas of destination of the products. In particular, CASCELLA provides approximately:
- Delivery in Italy within two (2) working days after dispatch;
- Delivery in Europe within 3-4 (three to four) working days after dispatch;
- Rest of the world within 6-7 (six to seven) working days after dispatch.
The costs of delivery will depend on the distance of delivery and prices of couriers chosen by CASCELLA:  costs will be displayed inside the "Shopping cart" in a separate entry, during the purchase.
In any case, CASCELLA clarifies that, should there be deliveries in Non-EU countries, there may be custom costs to be paid on delivery which cannot be foreseen and which are to be paid by the CUSTOMER.
The CUSTOMER, being the importer, also agrees to comply with the laws in force in the country of delivery goods.
The CUSTOMER accepts that, due to customs inspections, some deliveries across borders may be opened and inspected by customs authorities.
For further information CASCELLA invites its international CUSTOMERS to consult the international the customs rules applicable to their shipment.
CASCELLA cannot, in any case, be held responsible for shipping delays caused by unforeseeable events, customs problems or other circumstances beyond the control of CASCELLA.
At the same time CASCELLA is in no way responsible for any damage or loss occurred after collection of good/s with the signature of the courier as proof of delivery at the address indicated in the order.

7 - RETURN POLICY

In order to ensure the complete satisfaction of its CLIENTS, CASCELLA offers them the opportunity to return one or more items and receive a refund equal to the price of the same.
The return must necessarily be the sole responsibility of the Client, at his own expense and no later than 14 (fourteen) days of delivery only for intact and unused garments.

7.1 - RETURN CONDITIONS

In line with the policy established by CASCELLA the customer who intends to return purchased items must meet specific conditions:
- The return of an item will be accepted only in the conditions in which it is delivered by CASCELLA, that is, showing the sale tag. The returned item will only be accepted with tags perfectly intact. In no case items with no tags, tags tampered, damage or removed will be accepted.
- The items to be returned must be in the same condition as at moment of delivery. They must not be worn, washed, ironed and/or treated in any way;
-The items to be returned in the same conditions as at moment of delivery, must be returned packaged and packed in an appropriate manner;
- The CUSTOMER who wishes to change the size, color or item must follow the return process for returning the product mistakenly purchased and place a new order on www.cascella.org;
- Underwear and swimwear cannot be returned.

Given the failure to meet one of the conditions listed above, CASCELLA reserves the possibility of not exchanging the goods and deliver them back to the CUSTOMER at their expense.

7.2 - RETURN PROCESS

In order to be authorized to return one or more items purchased, the CUSTOMER is required to email CASCELLA (info@cascella.org) within 14 (fourteen) days of receipt of items, specifying the items to be returned.
The return request is processed to CASCELLA warehouse within 3 (three) business days from the date of delivery.  Before presenting the goods to be returned, the CUSTOMER has to await a formal response from CASCELLA customer centre that will authorize the return request and will indicate the procedure to follow.
The shipping cost of the goods to be returned will be at the CUSTOMER’s expense.
CASCELLA assumes no responsibility for the shipment of goods to be returned and no liability for any loss and/or damage to the goods due to inadequate packaging or delay in delivery.
In compliance with the article abovementioned, all items must be returned in the same way they were delivered.
The returned items will be inspected by CASCELLA staff in order to verify compliance with the conditions and parameters provided in the return process.
CASCELLA also reserves the right to assess whether there are any additional charges necessary to ensure the re-trade of the returned items: the amount will be calculated after the evaluation of the conditions of the returned items and communication to the Client.

7.3 - REFUND POLICY

In the hypothesis in which the conditions to allow the exchange or refund of the goods have been correctly verified, the CUSTOMER will receive an e-mail indicating the acceptance of the goods to be returned: the refund will be paid in the same way in which the CUSTOMER had previously finalized the payment order unless otherwise indicated by the same CUSTOMER.

8 - CASCELLA PRODUCT GUARANTEES AND LIABILITY LIMITATIONS

CASCELLA, as the seller party of products offered on www.cascella.org guarantees that their items are free of defects and in accordance with the sales agreement with the CUSTOMER. In the event of manufacturing defects of the product delivered to the CUSTOMER not due to fraud/ negligence of the purchaser, CASCELLA will proceed with the replacement/repair of the goods or refund part of the price paid.
Only where no repair of the product sold is possible, the contract between CASCELLA and the CUSTOMER will be considered annulled and it will be the seller’s responsibility to return the amount paid by the CUSTOMER.
It is understood that, in order for the replacement/repair policies to be applied, the CUSTOMER must follow the return procedures governed by these conditions.

9 - RIGHT OF WITHDRAWAL

The CUSTOMER has the right to withdraw from the order made, without any reason, within 14 (fourteen) days of receipt of product (i.e. the last product of the same order in case of split shipments).
The exercise of the right of withdrawal is subject to the submission of communication to CASCELLA customer centre (Bond Street Cascella U & C Sas registered office in La Passeggiata, 07021 Porto Cervo (OT), VAT num 01331630689), prior to the expiry of limit referred to in the preceding paragraph, to be sent by recorded mail, registered email, fax, or any other means of transmission showing the specific date.
It is likewise necessary, in compliance with the right of withdrawal, that the CUSTOMER sends the product, together with packaging, following the directions in art. 7.

9.1 - EFFECTS OF WITHDRAWAL

Once correctly exercised their right of withdrawal, the CUSTOMER will be entitled to obtain from CASCELLA a refund of the amount paid for the order, including shipping costs paid. CASCELLA reserves a period of 14(fourteen) days from the day the request for withdrawal and the goods are received, to credit the amounts paid using the same method of payment originally chosen by the Client, unless otherwise indicated. The costs for the return of the items are at the expense of the CUSTOMER. CASCELLA reserves the right to return an amount, as reimbursement, lower than the cost actually incurred by the CUSTOMER, in the event that the item/s returned is, somehow, damaged and/or ruined.

10 - GOVERNING LAW AND JURISDICTION

For any dispute arising, directly or indirectly, from the sale of CASCELLA products, also linked to interpretation, execution/non-execution, fulfillment/non-fulfillment of these Terms and Conditions, the parties recognize, as of now, the Court of Rome as exclusive jurisdiction.

11 - CHANGES TO THE GENERAL CONDITIONS OF SALE

CASCELLA reserves the right to modify the website, policies and these Terms and Conditions at any
time also to comply with new laws or regulations.

12 - WAIVER

In case the CUSTOMER does not fulfill these Terms and Conditions, CASCELLA’s failure to exercise the right to act against the CUSTOMER does not constitute, in any way, a waiver of the right to act for violation of the commitments undertaken.

13 - PRIVACY

Bond Street Sas, headquartered in La Passeggiata - 07021 Porto Cervo (OT), owner of  www.cascella.org website states to use all personal data provided by the CUSTOMER in full compliance with the privacy policy under Legislative Decree. n. 196 of 30th June 2003 ("Code concerning the protection of personal data ") which provides for the protection of persons and other subjects regarding the processing of personal data.
The data controller is the legal representative of the Bond Street Sas in the person of Mr Danilo Cascella.
In full compliance with this law, the treatment will be based on principles of fairness, legality, transparency, protection of privacy and the rights of the Client. To this end, CASCELLA is committed not to spread personal information in the net or to third parties, subject to any legal obligations and technical requirements related to the provision and management of e-commerce service.
The treatment will be achieved with the aid of computerized tools used by the owner as well as instructed operators and its aim is to provide the services requested,  the sale of goods, statistics processing on the use of such services and - where this has been specifically authorized – sending promotional information, either in digital or paper (if the paper is provided).
The provision of data by the CUSTOMER is mandatory in order to follow up the commercial activity and any refusal to provide such data involves the failure to perform the contract sale.
In addition to comply with all obligations under the Decree. 196/2003, CASCELLA also ensures utmost attention to data protection from fraudulent access and the immediate cancellation from its lists following a request to that effect by the CUSTOMER who may at any time exercise their rights towards the data controller under Article. 7 of D.lgs.196 / 2003.

14 - CUSTOMER SERVICE

For information regarding the purchase of products on www.cascella.org and the content of these Terms and Conditions of Sale, CASCELLA informs the CUSTOMER that it is possible to contact CASCELLA team at the following addresses:

Bond Street di Cascella U & C S.a.s con sede legale in La Passeggiata, 07021 Porto Cervo (OT), VAT num 01331630689 e-mail: info@cascella.org Tel.: (+39) 085-4214107.