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Security and guarantee
General conditions of sale of Cape Horn products
1.1. These General Conditions of Sale have as their object the regulation of the purchase of Products, carried out remotely, via electronic network, from the capehorn.it Internet Site hereinafter referred to only as the "Site".
1.2. The owner of the Site is the company TIERRA SRL with registered office in via Ponte Dei Granatieri 6 36010 Chiuppano (VI) Italy, registered in the Company Register of Vicenza, tax code and VAT number. 03601850245 – REA of Vicenza n. 338090.
Customer Service Contacts -> email: email@example.com / telephone: 0445 741580
Acceptance of the General Conditions of Sale
2.1. All purchases of Products made through the Site by users who access it are governed by these General Conditions as well as by the Italian Consumer Code (Legislative Decree no. 206/2005) and by the Italian regulations on Electronic Commerce (Legislative Decree legislative decree 70/2003).
2.2. With the conclusion of the Purchase Contract, according to the procedure, the Customer accepts and undertakes to observe these General Conditions.
2.3. The Customer, therefore, is required to carefully read, before carrying out any purchase transaction, these General Conditions that the company TIERRA SRL makes available to him also in order to allow reproduction and storage in compliance with the provisions of the art. . 12, 3rd paragraph of the Legislative Decree. 70/2003.
2.4. The company TIERRA SRL may modify, at any time and without notice, the content of the General Conditions. The General Conditions published on the Site at the time the Purchase Order is sent by the Customer will apply to each individual Purchase Contract.
3.1. capehorn.it is an online site for the sale of clothing with the exclusive Cape Horn brand.
3.2. All the Products offered are illustrated in detail on the Site, within the respective sections, distinguished by Product categories.
3.3. The visual representation of the Products on the Site, where available, has an indicative value and normally corresponds to the photographic image of the Products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, on the part of TIERRA SRL regarding the exact correspondence of the image depicted on the Site with the actual Product with particular regard to its actual dimensions and/or the chromatic aspects of the Products and/or packaging.
3.4. In the event of a difference between the image and the written product sheet, the description on the product sheet always prevails.
4.1. The Customer can purchase the Products present in the Cape Horn electronic catalogue, illustrated in detail on the Site within the respective sections by product category, as described in the relevant information sheets contained on the Site, respecting the technical access procedures illustrated therein.
4.2. To purchase the Products, the Customer must register on the Site by entering their personal details, following the instructions provided by the registration program, and must complete and send to TIERRA SRL the Order Form in electronic format available on the site, following the instructions given therein. Purchase Orders must be filled out exactly in their entirety.
4.3. The Customer must insert the selected Products into the appropriate "Cart" and, after having viewed and accepted the amount of the Delivery Costs, can proceed with the purchase.
4.4. Once this operation has been completed, the Customer will see a screen containing the summary of the Purchase Order, including delivery costs, with a request for further confirmation of the Purchase Procedure.
Conclusion of the Contract
5.1. The publication of the Products displayed on the Site constitutes an invitation to the Customer to formulate a Contractual Purchase Proposal. The Order sent by the Customer has the value of a Contractual Proposal and entails complete knowledge and integral acceptance of these General Conditions.
5.2. Each Purchase Contract stipulated between TIERRA SRL and the Customer must be considered concluded with the sending by TIERRA SRL of the Acceptance of the Order to the Customer's email address. This confirmation message will indicate an "Order Number" to be used in any subsequent communication with TIERRA SRL. The message will include, in addition to the information required by law, all the data entered by the Customer who undertakes to verify its correctness and promptly communicate any possible corrections. Possible additional costs caused by errors in the data not reported promptly will be the sole responsibility of the Customer.
5.3. Each Order can be viewed by the Customer on the Site, in their personal area, if they are registered, or by contacting the Customer Service of TIERRA SRL, immediately after sending the Order itself.
5.4. The Customer will be able to check the contents of the Purchase Contracts concluded at any time by accessing their Personal Area of the Site, or by contacting the Customer Service of TIERRA SRL. Such data will be available for a period of 12 months from delivery of the Products.
All prices of the Products are clearly indicated on the Site and are inclusive of VAT. Delivery costs are adequately highlighted at the time of ordering. The cost of each shipment may vary based on the delivery and payment method as well as the destination and total amount of the order.
Billing and Payment Methods
7.1. TIERRA SRL issues an invoice for the Products purchased when the Products are delivered to the person in charge of shipping, sending it via email to the Customer. For the issuing of the invoice, the information provided by the Customer is valid. No changes to the data will be possible after the invoice has been issued.
7.2. As detailed below in the relevant points, payments via the PayPal System only require an Authorization or a Reservation of the money without actual charge when the Customer places the Order. Payment is therefore actually charged to the Customer only when the Products are delivered to the person in charge of shipping. At this stage TIERRA SRL will also issue the invoice relating to the Order.
7.3. Payment for the purchased Products is made via the PayPal system according to the methods specified below: PayPal, an eBay group company, is a fast and secure payment system. Once the order has been completed, the buyer will be redirected to the PayPal website, where he can access his account by entering his personal email address and password. After registration, you can proceed with payments via PayPal without having to re-enter your data, even for subsequent purchases. By choosing to pay with PayPal, the amount is charged directly to the Customer's credit card (Visa, Visa Electron, MasterCard) or prepaid card (PostePay). PayPal protects buyer information as no financial information is passed on. For each transaction carried out with this method, a confirmation email will be sent by PayPal. Please note that the amount of the Order is debited to the PayPal account when the order is accepted by the person in charge of shipping. When placing the order on the Site, an Authorization Request will simply be made to check availability on the Customer's PayPal account, without any charge. In case of cancellation of the Order, the amount will be refunded to the Customer's PayPal account.
Delivery methods and costs
8.1. Tierra Srl undertakes to deliver the goods without undue delay and in any case no later than thirty days from the conclusion of the contract. Delivery of the Products will be carried out by courier, and times will vary depending on the destination. The terms indicated at the time of the Purchase Order are however indicative.
8.2. TIERRA SRL delivers throughout Italy and delivery will take place without an appointment.
8.3. No responsibility, for any reason, can be charged by the Customer to TIERRA SRL in the event of a delay in the Processing of the Order or in the Delivery of the Products covered by the Purchase Contracts.
8.4. The Products ordered will be sent to the postal address specified by the Customer. Upon delivery of the Products by TIERRA SRL to the person in charge of shipping, a Shipping Confirmation email will be sent to the Customer.
8.5. Deliveries will be made from Monday to Friday, during normal office hours, excluding national holidays and company closures according to the methods indicated by the courier chosen by the Customer. Delivery is considered completed when the Product is made available to the Customer at the address specified in the order form. In the event of non-delivery due to the absence of the recipient at the specified address, the courier will send a warning email and will attempt a new delivery according to the methods established by them. In case of impossibility to carry out the new delivery due to the absence of the recipient, Customer Service will attempt to contact the Customer to schedule a further delivery. In the event that Customer Service is unable to contact the Customer for the following 10 days or in the event of further impossibility of delivery due to the absence of the recipient, the Products included in the order will be returned to TIERRA SRL. After 30 (thirty) days from the date on which the Products covered by the Order were sent back to TIERRA SRL due to the impossibility of carrying out the delivery, the Contract will be considered terminated and the Purchase Order canceled pursuant to art. 1456 of the Civil Code TIERRA SRL will refund the amount paid by the Customer, net of the costs of returning the Products and the costs of storing them at the branch of the courier responsible for delivery.
8.6. Termination of the Contract and the refund amount will be communicated via email. The refund amount will be credited to the payment method used by the Customer for the purchase. In the event that, before the expiry of thirty days, the Customer requests to receive the purchased Products again, TIERRA SRL will proceed with the new delivery after charging, in addition to the costs thereof, the costs of returning the Products to TIERRA SRL and the costs of custody.
8.7. Upon delivery of the Products by the courier appointed by TIERRA SRL, the Customer is required to scrupulously check that the number of pieces delivered corresponds to what is indicated in the transport document.
8.8. Any damage to the packaging and Products or the mismatch in the number of pieces/packages or indications must be immediately reported by the Customer, who can contact TIERRA SRL through Customer Service specifying the order for which such errors occurred.
8.9. Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or cause a significant increase in the cost of delivery borne by TIERRA SRL, will give the same the right to split , postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Contract. In such cases, TIERRA SRL will be responsible for providing timely and adequate communication of its decisions to the e-mail address indicated by the Customer and the latter will have the right to a refund of any price already paid, excluding any further claim, for any reason, against of TIERRA SRL.
9.1 All products are covered by the Legal Guarantee for defects of conformity, lasting no less than 24 (twenty-four) months, provided limited to the territories where delivery took place ("Legal Guarantee of Conformity for Consumer Goods) and provided for by Title III, Chapter I of the Consumer Code.
9.2 If the Customer has stipulated the contract as a Consumer (this definition meaning any natural person who acts on the site for purposes unrelated to any entrepreneurial or professional activity carried out), this Guarantee is valid provided that the conditions of indicated below:
a) the defect occurs within 24 months from the date of delivery of the products;
b) the Customer presents a formal complaint regarding the defects within a maximum of 2 months from the date on which the defect was recognized by the latter;
c) the Online Return Form is correctly filled out.
9.3 In particular, in the event of non-conformity, the Customer who has stipulated the Contract as a Consumer will have the right to obtain the restoration of conformity of the products without charge, through repair or replacement, or to obtain an appropriate price reduction or termination of the contract relating to the disputed goods and the consequent refund of the price.
9.4 All return costs for defective products will be borne by TIERRA SRL.
9.5 The guarantee, provided for the duration indicated above and within the Italian territory, applies to the product that presents a lack of conformity, provided that the product itself is used correctly, in compliance with its intended use and as provided in the attached technical documentation or instructions for use. This guarantee is provided only to the Customer who is a Consumer pursuant to the Consumer Code. In the event of a lack of conformity, we will, at our expense, restore the conformity of the product through repair/replacement or reduce the price, subject to possible termination of the contract if necessary.
Processing of Personal Data
Customer data is processed by TIERRA SRL in accordance with the provisions of current legislation on the protection of personal data, as specified in the information in the specifically dedicated section, called " Privacy & Cookies Policy" .
Communications and Complaints
All communications or any complaints from the Customer towards TIERRA SRL in relation to the Purchase Contracts must be communicated through the appropriate contact forms which can be requested from customer service.
Intellectual Property Rights
All trademarks (registered or not), as well as any and all intellectual works, distinctive signs or names, images, photographs, written or graphic texts and more generally any other intangible asset protected by laws and international conventions relating to intellectual property and industrial property reproduced on the Site remain the exclusive property of TIERRA SRL and/or its licensors, without the Customer deriving any rights over the same from access to the Site and/or from the stipulation of the Purchase Contracts. Any use, even partial, of the same is prohibited without the prior written authorization of TIERRA SRL, in whose favor all related rights are exclusively reserved.
Applicable Law and Jurisdiction
13.1 These General Conditions and any and all contracts stipulated with the Customer are governed by Italian law. International treaties on the sale of goods are specifically excluded, with particular reference to the Vienna Convention of 1980.
13.2 For any dispute relating to the interpretation, execution, validity or effectiveness of these General Conditions and any contract stipulated with Customers, the Court of Vicenza will have exclusive jurisdiction, except in the case in which one party is a "consumer" pursuant to Legislative Decree 206/2005