1.1 These general conditions of sale have as the object the purchase of products made remotely via a computer network through the website www.doglywellness.com (the Portal), owned by Casastar di Gianluca Salpietro, (later referred as Casastar) with registered office in Via Solferino, 10- 04100 – Latina, Italy, VAT number 02785280591.
Each purchase transaction will be governed according to the Legislative Decree 185/99 and Legislative Decree 206/05. The information of the contract will be subject according to the art. 12 of Legislative Decree 70/03 and, with regard to the protection of confidentiality, the legislation referred to in Legislative Decree 196/03 will be applicable.
1.2 These general conditions of sale (the General Conditions of Sale) have value for all orders and shipments that occur through the Portal and can be viewed and saved. The General Conditions of Sale may be changed at any time by Casastar, without affecting the purchases already completed.
1.3 The registration is allowed only to consumers who have already reached the age of majority.
- SIGNING UP
To make purchases through the e-commerce it is necessary to register and approve these General Conditions of Sale. Not accepting the General Conditions of Sale makes impossible making purchases on the Portal.
The registration is free. To register, the user must complete the registration form, entering the Name, Surname, Email Address and creating a password to access their personal area. Registration is confirmed by an email sent to the address provided by the user.
Registration Credentials must be used exclusively by the user and can not be transferred to third parties. The user must notify Casastar, without delay, in case of suspected improper use. The Registration Credentials can be modified by the user at any time by accessing the Portal in the section: Account.
The user guarantees that the Registration Credentials provided during the registration procedure on the website are complete, correct and truthful. The user agrees to keep Casastar unharmed from any compensation, penalty arising and/or in any way related to the violation by the user of the rules on registration to the Portal. The user is the only responsible for accessing the Portal through the Registration Credentials and responds directly to any damage or injury caused to Casastar or to third parties by improper use, loss, misappropriation by others or non-adequate protection of the Registration Credentials. All the transactions carried out through the Registration Credentials are considered carried out by the Customer to whom the Registration Credentials refer.
It is possible to make a single registration per user. Multiple registrations will be deleted.
Casastar reserves the right to refuse, in its only discretion, the registration of any user. Casastar also reserves the right not to accept any order that is abnormal in relation to the quantity of products purchased or the frequency of purchases made on the Portal, as well as in relation to improper or suspected use of any discount coupons that may be promoted on the Portal.
The user may at any time cancel his registration on the Portal by writing to: firstname.lastname@example.org
- PRE-CONTRACTUAL INFORMATION
In accordance with Legislative Decree 9 April 2003, n. 70 referring to electronic commerce, Casastar informs every user that:
- a) to execute the contract for the purchase of one or more products on the Portal, the user must complete the order form in electronic format and transmit it to doglywellness.com according to the methods indicated on the Portal;
- b) before proceeding with the transmission of the order form, the user will be able to identify and correct any errors in data entry, following the instructions indicated on the website in the various phases of the purchase;
- c) once the order form has been registered, it will be filed in the database of the Portal for the time necessary to process the order and, in any case, according to the law. To access the order form, the user can consult the “Account, My Orders” section of the Portal where a list of all orders placed is displayed.
- EXECUTION OF THE CONTRACT AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
4.1 The sale contracts Portal must be considered executed with the acceptance, even if only partial, of the order by Casastar. This acceptance is communicated by email, as indicated in the following clause 6.3. By placing an order in the form provided, the customer declares to have read all the information provided to him during the purchase procedure and to fully accept the general conditions of payment transcribed below.
4.2 Before submitting the purchase order, the customer is required to read carefully these terms and conditions of sale. The submission of the purchase order implies their full knowledge and acceptance.
4.3 Once the online purchase procedure is concluded, the customer will print or save an electronic copy of it and, in any case, keep these terms and conditions of sale, in compliance with the provisions of art. 50 and ss. of Legislative Decree 206/05.
4.4 Any right of the customer of compensation for damages, or different compensation, is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people, property, or animals, due to the non-acceptance, even partial, of an order by Casastar.
- DEFINITION OF THE ORDER
5.1 By sending the order online, the customer sends Casastar a proposal to purchase the product/products included in the “cart” which is accessible on the e-commerce. When the customer places an order online for the products placed in the Cart, agrees to purchase them at the price indicated in and accepts the terms of General Conditions of Sale. Casastar will communicate to the Customer by email the acceptance and confirmation of the order in accordance with the clause 6.3 below.
5.2 In particular, Casastar will not accept orders:
- if the material at the time of order was not available in stock and/or if the customer can not or does not want to pay using one of the payment methods indicated in the following clause.
- PURCHASE METHOD
6.1 The customer can only purchase the products in the electronic catalogue of the Portal when placing the order, as described in the information sheets. It is understood that the image, accompanying the description of a product may not be perfectly representative of its appearance but differ in colour, size, accessory products in the picture. All the information to support the purchase is intended as simple general information material, not referable to the real characteristics of each individual product package.
6.2 Before the order is sent, using the shopping cart, the unit cost of each selected product is summarized, as the total cost in case of purchase of more than one products and the relative shipping costs shown (if applicable as indicated in the Portal ).
6.3 The purchase of the product and the correct receipt of the order are confirmed by Casastar through an e-mail message confirming the receipt of the purchase order (the Confirmation Message) and containing information on the main characteristics of the good/goods with detailed indication of the price, shipping costs, applicable taxes, a reference to the general conditions of contract and information about the right of withdrawal as displayed on the website. The message will re-propose all the data entered by the customer who undertakes to verify its correctness and to promptly notify Casastar of any corrections to be made.
In case of non-acceptance of the order by Casastar, the company promptly communicates it to the customer.
The products offered on the Portal are limited in number and can be sold at discounted prices. It may happen that the ordered product is no longer available after the registration of the purchase order. In any case of unavailability of the ordered product, the user will be promptly informed by e-mail and the purchase order will be cancelled. If payment has already been made, Casastar will reimburse it to the customer within thirty days from the day after the order is sent.
8.1 Casastar will be able to offer its customers discount coupons, through the Portal or email, regarding discounts, single products and/or shipping costs. The discount coupon formula offered by Casastar will be through a “Coupon Code” with an alphanumeric code that can be used by the customer during the checkout of the “cart” and it gives the right to a discount on the total amount, on a single product or on the shipping costs. The codes will have limited validity and defined as described on the website.
8.2 Each discount voucher can only be used once; the voucher can never be exchanged for money; no more than one discount voucher can be used per order unless it is expressed in the Portal for specific discount vouchers. The discount voucher can only be applied to items with a value greater than the voucher itself.
- PAYMENT METHODS
The customer can make the payment by one of the methods listed below:
(a) Credit card: in case of purchase of goods by Credit Card or debit card, the payment takes place at the same time as the order. Casastar reserves the right to ask the customer for additional information (i.e. telephone number) or to send copies of documents proving the ownership of the payment made. In the absence of the required documentation, Casastar reserves the right not to accept the order. During the purchase procedure, Casastar is never able to know the information concerning the buyer’s credit card, transmitted via a secure connection directly to the bank or payment platform that handles the transaction as described in the Portal.
- SHIPPING AND DELIVERY OF GOODS
10.1 Casastar accepts orders worldwide but reserves the right to apply extra shipping cost for particular countries. Every case has to be specifically evaluated.
10.2 For each order placed on the website, Casastar will issue an invoice or a fiscal receipt. For the issuance of the tax document, the information provided by the Customer at the time of the order are considered valid. Once the tax document has been issued, it will not be possible to make changes to it.
10.3 Except for promotions specified on the Portal, the shipping costs, indicated on the Portal, are charged to the Customer and are clearly stated when the order is placed. Nothing is owed more by the customer than the total order that also includes shipping costs to Casastar. Local taxes can be charged by the shipping company.
10.4 The Portal indicates the estimated timing for order fulfilment and the average delivery time.
10.5 In any case Casastar will not take care of the shipment of the goods, which will be carried out by a professional carrier (express courier) as indicated in the website and no responsibility can be attributed to Casastar in case of delay by the courier or in relation to any other event or circumstance related to the shipment.
10.6 At the time of delivery of the goods by the courier, the customer is required to check that:
– the number of packages delivered corresponds to what indicated in the invoice;
– the packaging is intact, undamaged, wet or otherwise altered, even in the sealing materials (adhesive tape or straps).
Any damage to the packaging and/or the product, or the mismatch in the number of packages or indications, must be immediately notified to the courier, subject to written control reserve (specifying the reason for the reservation, i.e. “wet packaging”, “packaging crushed “, etc.) on the courier delivery document. Once the courier’s document has been signed, the Customer cannot make any objection regarding the external characteristics of the goods delivered.
Any problems related to physical integrity, correspondence or completeness of the products received must be reported within 7 days of delivery, according to the procedures provided in this document.
10.7 In the case of non-delivery due to the absence of the recipient, to the address indicated by him in the order, the courier will leave a notice and try again a second time; if the recipient is still absent, the goods will be returned to the sender (Casastar).
11.1 All products sold by Casastar are covered by the manufacturer’s standard warranty if any, and by a guarantee of 24 (twenty-four) months for conformity defects, according to Legislative Decree 206/05. To use the warranty, the customer must keep the receipt.
11.2 The 24-months warranty according to Legislative Decree no. 206/05 applies to the product that presents a lack of conformity, provided that the product itself is used correctly, respecting its intended use and any attached technical report. This guarantee is reserved for the private consumer. In case of lack of conformity, Casastar provides, without expenses for the Customer, to restore the conformity of the product by replacing the product with a new one or, in case of stock exhaustion, of equivalent characteristics and commercial value.
11.3 In cases of application of the guarantees provides for the return of the product, the goods must be returned by the customer in the original packaging, complete of all its parts, including packaging and any documentation and accessory equipment. The conformity defects can be reported with the same procedures applicable for the right of withdrawal, to the following email address: email@example.com
- EXPRESS RESOLUTIVE CLAUSE
In case of non-payment of all or part of the purchase price of the property, Casastar reserves the right to declare, according to the purposes of art. 1456 of the civil code, resolved this contract by sending a written communication to the customer’s electronic address.
- OBLIGATIONS AND RESPONSIBILITIES
13.1 Casastar commits to correct all errors in the description of the products offered on the Portal, in the shortest possible time, for any customer report. The reporting of such errors can be sent to the email address firstname.lastname@example.org
13.2 Casastar is not responsible, in case of any kind damage, deriving from the use of the product improperly and/or not in compliance with the instructions provided by the manufacturer and in case of damages.
13.3 Casastar will not be liable in the event of loss of revenues, profits, data or any other indirect damage of any nature deriving from or connected to contracts subject to the General Conditions of Sale.
13.4 Casastar’s liability, in any case, cannot be higher than the total value of the purchase order.
Under no circumstances shall Casastar be held liable for any breach of any of the obligations deriving from the contracts subject to the General Conditions of Sale in the event that the non-fulfillment is caused by unforeseeable circumstances and/or force majeure, including, purely by way of example, natural disasters, terrorist acts, network malfunctions and/or blackouts.
- SUSPENSION OF DELIVERY OF PORTAL SERVICES
14.1 Casastar reserves the right to temporarily suspend, without any prior communication, the services on the Portal for the time strictly necessary and/or appropriate technical interventions to improve the quality of the same services and for the ordinary and extraordinary maintenance of the Portal, its contents and functionalities.
14.2 Casastar may, at any time, interrupt the provision of the services of the Portal if there are justified reasons of security or breaches of confidentiality, in this case giving notice to the user via the Portal.
- CONTENTS OF THE WEBSITE AND INTELLECTUAL PROPERTY RIGHTS
The contents of the website, such as, for example, the images, graphics, photographs, writings, documentation, sounds, videos and any other material, in any format, including all the web pages of the Portal (the Intellectual Property), are the exclusive property of Casastar and other shareholders. This contract does not constitute any right in this regard to the customer. Reproduction, modification, duplication, copying, distribution, sale or otherwise exploitation of the Intellectual Property is prohibited. Under no circumstances can the user change, modify or adapt material on the website, nor the material made available by Casastar.
- APPLICABLE LAW AND JURISDICTION
The sale contract between Casastar and the Customer, referred to these General Conditions of Sale, is concluded in Italy and governed by Italian law. For the resolution of any dispute arising from the conclusion of online sales contracts referred to in the website, and therefore referable to these General Conditions of Sale, the territorial jurisdiction is exclusively that of the Foro di Latina.