Cape Horn Security and Warranty: Purchase and Personal Data Protection

General Terms and Conditions of Sale for Cape Horn Products

Scope

1.1. These General Terms and Conditions of Sale govern the distance purchase of Products through the website capehorn.it, hereinafter referred to as the “Website”.

1.2. The Website is owned by TIERRA SRL, with registered office at Via Ponte Dei Granatieri 6, 36010 Chiuppano (VI), Italy, registered with the Vicenza Companies Register, Tax Code and VAT Number 03601850245, Vicenza Economic and Administrative Index No. 338090.

Customer Service contacts: email: shop@capehorn.it / telephone: +39 0445 741580
Acceptance of the General Terms and Conditions of Sale

2.1. All purchases of Products made through the Website by users accessing it are governed by these General Terms and Conditions, the Italian Consumer Code (Legislative Decree No. 206/2005) and Italian legislation concerning electronic commerce (Legislative Decree No. 70/2003).

2.2. By concluding the Purchase Contract in accordance with the applicable procedure, the Customer accepts and agrees to comply with these General Terms and Conditions.

2.3. Before making any purchase, the Customer must therefore carefully read these General Terms and Conditions, which TIERRA SRL makes available to allow their reproduction and storage in accordance with Article 12, paragraph 3, of Legislative Decree No. 70/2003.

2.4. TIERRA SRL may amend the content of these General Terms and Conditions at any time and without prior notice. Each Purchase Contract shall be governed by the General Terms and Conditions published on the Website when the Customer submits the relevant Purchase Order.
Products

3.1. capehorn.it is an online store selling clothing exclusively under the Cape Horn brand.

3.2. All Products offered for sale are described in detail on the Website within the relevant sections and divided into Product categories.

3.3. Where available, the visual representation of the Products on the Website is provided for illustrative purposes. It normally corresponds to a photograph of the relevant Product and is intended solely to present it for sale. TIERRA SRL provides no guarantee or undertaking regarding the exact correspondence between the image displayed on the Website and the actual Product, particularly with regard to its dimensions and the colours of the Product or its packaging.

3.4. In the event of any discrepancy between an image and the written product information, the description provided on the product page shall prevail.
Purchase Procedure

4.1. The Customer may purchase the Products available in the Cape Horn electronic catalogue, presented in detail on the Website within the relevant Product categories and described on the corresponding product information pages, by following the technical procedures provided on the Website.

4.2. To purchase Products, the Customer must register on the Website by entering their personal details and following the registration instructions. The Customer must then complete and submit to TIERRA SRL the electronic Order Form available on the Website, following the instructions provided. Purchase Orders must be completed accurately in all their parts.

4.3. The Customer must add the selected Products to the relevant “Shopping Cart”. After reviewing and accepting the Delivery Charges, the Customer may proceed with the purchase.

4.4. Once this process has been completed, the Customer will be shown a summary of the Purchase Order, including delivery charges, and will be asked to provide final confirmation of the Purchase Procedure.
Conclusion of the Contract

5.1. The publication of Products on the Website constitutes an invitation to the Customer to submit a contractual offer to purchase. The Order submitted by the Customer constitutes a contractual offer and implies full knowledge and complete acceptance of these General Terms and Conditions.

5.2. Each Purchase Contract entered into between TIERRA SRL and the Customer shall be deemed concluded when TIERRA SRL sends the Order Acceptance to the Customer’s email address. The confirmation message will include an “Order Number”, which must be used in all subsequent communications with TIERRA SRL. In addition to the information required by law, the message will reproduce all the information entered by the Customer. The Customer undertakes to verify its accuracy and promptly report any necessary corrections. Any additional costs resulting from errors in information that are not reported promptly shall be borne exclusively by the Customer.

5.3. The Customer may view each Order on the Website through their personal account, where registered, or by contacting TIERRA SRL Customer Service immediately after submitting the Order.

5.4. The Customer may verify the contents of completed Purchase Contracts at any time by accessing their personal account on the Website or by contacting TIERRA SRL Customer Service. This information will remain available for 12 months from the delivery date of the Products.
Product Prices

All Product prices are clearly displayed on the Website and include VAT. Delivery charges are clearly shown when the Order is placed. The cost of each delivery may vary depending on the delivery and payment method, the destination and the total value of the Order.
Invoicing and Payment Methods

7.1. TIERRA SRL issues the invoice for the purchased Products when they are handed over to the shipping provider and sends it to the Customer by email. The invoice is issued on the basis of the information provided by the Customer. No changes may be made to this information after the invoice has been issued.

7.2. As further detailed below, payments made through PayPal initially require only the authorisation or reservation of the amount, without an actual charge being made when the Customer submits the Order. The Customer is charged only when the Products are handed over to the shipping provider. At this stage, TIERRA SRL will also issue the invoice relating to the Order.

7.3. Payment for purchased Products is made through PayPal according to the following procedure. PayPal, a company of the eBay group, is a fast and secure payment system. Once the Order has been completed, the Customer will be redirected to the PayPal website, where they can access their account by entering their personal email address and password. After registration, payments can be made through PayPal without having to re-enter these details for subsequent purchases. When PayPal is selected, the amount is charged directly to the Customer’s credit card, including Visa, Visa Electron or MasterCard, or prepaid card, including PostePay. PayPal protects the Customer’s information because no financial information is shared. PayPal will send a confirmation email for each transaction completed using this method.

The Order amount is charged to the Customer’s PayPal account when the Order is taken over by the shipping provider. When the Order is submitted through the Website, only an authorisation request is made to verify the availability of funds in the Customer’s PayPal account, without any charge being made. If the Order is cancelled, the amount will be refunded to the Customer’s PayPal account.
Delivery Methods and Charges

8.1. TIERRA SRL undertakes to deliver the goods without undue delay and, in any event, no later than 30 days after the conclusion of the Contract. Products will be delivered by courier, and delivery times will vary depending on the destination. Any delivery times indicated when the Purchase Order is placed are estimates only.

8.2. TIERRA SRL delivers throughout Italy and to countries within the European Union. Deliveries are made without an appointment.

8.3. TIERRA SRL shall not be held liable by the Customer, on any grounds, for delays in processing an Order or delivering Products covered by a Purchase Contract.

8.4. The ordered Products will be sent to the postal address specified by the Customer. When TIERRA SRL hands the Products over to the shipping provider, the Customer will receive a Shipping Confirmation email.

8.5. Deliveries will be made from Monday to Friday during normal business hours, excluding national public holidays and company closure periods, according to the procedures established by the courier selected by the Customer. Delivery shall be deemed completed when the Product is made available to the Customer at the address specified in the Order Form.

If delivery cannot be completed because the recipient is absent from the specified address, the courier will send an email notification and attempt a new delivery according to its established procedures. If the second delivery attempt cannot be completed because the recipient is absent, Customer Service will attempt to contact the Customer to arrange a further delivery.

If Customer Service is unable to contact the Customer during the following 10 days, or if the further delivery attempt cannot be completed because the recipient is absent, the Products included in the Order will be returned to TIERRA SRL.

Once 30 days have elapsed from the date on which the Products covered by the Order were returned to TIERRA SRL because delivery could not be completed, the Contract shall be deemed terminated and the Purchase Order cancelled pursuant to Article 1456 of the Italian Civil Code. TIERRA SRL will refund the amount paid by the Customer, less the cost of returning the Products and any storage charges incurred at the premises of the courier responsible for delivery.

8.6. The termination of the Contract and the amount of the refund will be communicated by email. The refund will be credited to the payment method used by the Customer for the purchase. If, before the 30-day period has elapsed, the Customer requests a new delivery of the purchased Products, TIERRA SRL will arrange the new delivery after charging the Customer for the new delivery, the cost of returning the Products to TIERRA SRL and any storage charges.

8.7. When the Products are delivered by the courier appointed by TIERRA SRL, the Customer must carefully verify that the number of items delivered corresponds to the number indicated in the transport document.

8.8. Any damage to the packaging or Products, or any discrepancy in the number of items, packages or accompanying information, must be reported immediately by the Customer. The Customer may contact TIERRA SRL through Customer Service, specifying the Order affected by the issue.

8.9. Events of force majeure, unavailability of transport services and any unforeseeable or unavoidable events that delay delivery, make delivery difficult or impossible, or cause a significant increase in the delivery costs borne by TIERRA SRL shall entitle TIERRA SRL to divide, postpone or cancel all or part of the scheduled delivery, or to terminate the Purchase Contract.

In such circumstances, TIERRA SRL will promptly provide appropriate notice of its decision to the email address supplied by the Customer. The Customer will be entitled to a refund of any amount already paid but shall have no right to make any additional claim against TIERRA SRL on any grounds.
Legal Guarantee

9.1. All Products are covered by the statutory guarantee for lack of conformity for a period of no less than 24 months. This guarantee applies within the territories in which delivery took place and is provided under Title III, Chapter I of the Italian Consumer Code (“Legal Guarantee of Conformity for Consumer Goods”).

9.2. If the Customer entered into the Contract as a Consumer, meaning any natural person acting on the Website for purposes unrelated to any business or professional activity they may carry out, this Guarantee shall apply provided that the following conditions are met:

a) the defect becomes apparent within 24 months from the date on which the Products were delivered;

b) the Customer submits a formal complaint concerning the defect no later than two months after becoming aware of it;

c) the Online Return Form is completed correctly.

9.3. In the event of a lack of conformity, a Customer who entered into the Contract as a Consumer shall be entitled to have the conformity of the Products restored free of charge through repair or replacement, to receive an appropriate price reduction, or to terminate the Contract in relation to the disputed goods and receive a refund of the relevant price.

9.4. All return costs relating to defective Products shall be borne by TIERRA SRL.

9.5. The guarantee, provided for the period specified above and within Italy, applies to Products affected by a lack of conformity, provided that the Product has been used correctly, in accordance with its intended use and the technical documentation or instructions supplied with it.

This guarantee is provided exclusively to Customers who qualify as Consumers under the Italian Consumer Code. In the event of a lack of conformity, TIERRA SRL will, at its own expense, restore the conformity of the Product through repair or replacement, provide a price reduction or, where necessary, terminate the Contract.
Processing of Personal Data

Customers’ personal data are processed by TIERRA SRL in accordance with applicable data protection legislation, as specified in the relevant information notice available in the section entitled “Privacy & Cookies Policy”.
Communications and Complaints

All communications or complaints submitted by the Customer to TIERRA SRL in connection with Purchase Contracts must be sent through the relevant contact forms, which may be requested from Customer Service.
Intellectual Property Rights

All trademarks, whether registered or unregistered, together with any intellectual work, distinctive sign or name, image, photograph, written or graphic text and, more generally, any other intangible asset protected by national laws and international conventions concerning intellectual and industrial property and reproduced on the Website, remain the exclusive property of TIERRA SRL and/or its licensors.

Access to the Website and/or the conclusion of Purchase Contracts does not grant the Customer any rights over such materials. Any use, including partial use, is prohibited without the prior written authorisation of TIERRA SRL, which exclusively reserves all related rights.
Transparency of Advertising Content Generated Using AI

In accordance with European transparency regulations, including the AI Act, Customers are informed that some lifestyle images and videos displayed on the Home Page and promotional Landing Pages, including simulations of travel settings or product use, feature models and garments digitally generated using Artificial Intelligence.

By contrast, all images displayed on individual product pages, unless otherwise stated, are real and authentic photographs corresponding to the item actually shipped to the Customer.

Accuracy of AI-generated content: The lifestyle images and videos displayed on certain pages are created using digital models and predictive Artificial Intelligence. This technology is calibrated to reproduce the visual, chromatic and structural characteristics of the garment with a level of accuracy equal to or greater than traditional photography, reducing distortions caused by environmental shooting conditions.

However, because these materials are digital simulations and colour perception may vary depending on the user’s screen, the only binding references for the physical characteristics of a Product are its written description and the gallery of real photographs displayed on the relevant product page.
Applicable Law and Jurisdiction

14.1. These General Terms and Conditions and all contracts entered into with the Customer are governed by Italian law. International treaties concerning the sale of goods are expressly excluded, with particular reference to the 1980 Vienna Convention.

14.2. Any dispute concerning the interpretation, performance, validity or effectiveness of these General Terms and Conditions or any contract entered into with Customers shall be subject to the exclusive jurisdiction of the Court of Vicenza, except where one of the parties qualifies as a “Consumer” pursuant to Italian Legislative Decree No. 206/2005.

Security and guarantee

General Terms and Conditions of Sale for Cape Horn Products

General Terms and Conditions of Sale for Cape Horn Products