General conditions of Sale

GENERAL CONDITIONS OF SALE

Last revised November 25, 2019

1. Premises

These general conditions govern the remote purchase via the website accessible at the URL www.casahomewear.com of Products in the catalog and/or requested by customers through specific customizations, where applicable. These General Conditions of Sale are drawn up in compliance with Legislative Decree 6 September 2005, n. 206 (“Consumer Code”) and the legislative decree of 9 April  2003 n. 70 regulating the matter of electronic commerce transposing the EU Directive on Information Society services (so-called "E-Commerce Directive").

2. Information to the Customer

2.1 Pre-contractual information for the Consumer is provided before the Consumer is bound by any online distance sales contract. In particular, the information required by art. 49 Legislative Decree 21 February 2014, n. 21 are provided on the pages of the website www.casahomewear.com and can always be consulted by clicking on the " Conditions of Sale " link on the Portal.

2.2 The goods covered by these general conditions are offered for sale by Casahomewear Srl, with registered office in Leffe (Bg), via San Michele n. 7 share capital  Euro 20,000.00, tax code, VAT number and registration in the Bergamo Company Register no. 04396590160, REA 459816 BG, telephone 388 8225712 (costs according to tariffs applied by your telephone operator) , pec:  casahomewear@pec-legal.it, e-mail  info@ casahomewear.com, hereinafter also referred to as "Seller". 

The registered office is, pursuant to art. 49, paragraph 1, letter (d) of the Consumer Code, the address to which the consumer customer can send complaints.

2.3 The essential characteristics of the products, with the relevant photographs, and that Casahomewear Srl  reserves the right to modify even without notice, are reported in specific sheets published on the site.

Likewise, the prices of the Products, the payment methods, the conditions and delivery times of the Products, the shipping costs and any additional costs borne by the Customer under certain conditions, such as, for example pursuant to the 'art. 57 of the Consumer Code, the costs of returning the Products in the case of exercising the right of withdrawal.

2.4 The conclusion of the contract is carried out through a guided procedure, better described in the following article 9, which at any time allows the Customer to verify and then confirm each information entered and to correct any errors before sending the model containing the proposed purchase order and until the conclusion of the Contract.

The system made available by Casahomewear Srl for the conclusion of the online purchase contract requires confirmation of the correctness of the data entered and automatically reports any errors resulting from the omission of mandatory data in the various fields of the online order.

The Customer will first receive confirmation of acceptance of the order and then an order acceptance email which will mark the conclusion of the purchase contract, summarizing the purchase made and the contract thus concluded. 

2.5 The Contract may be concluded in Italian or English. The Customer will therefore be able, upon entering the Site, to choose one of the two languages ​​in which to complete all purchase operations and will therefore find all the instructions, screens and forms in the chosen language.

3. Definitions

3.1 The expression “General Conditions” means these General Conditions which apply exclusively to the offer and remote sale via the web of the Products shown on the Site by Casahomewear Srl.

3.2 The expression "Parties" refers jointly to Casahomewear Srl and the Customer.

3.3 With the expression “Website”, “Site”, “Portal” or “Platform”  means the website that can be reached at the URL www.casahomewear.com  managed by the Seller, for the sale of Products in the catalog and/or requested by Customers, through which the online purchase contract is concluded.

3.4 With the expression “Online purchase contract” or “Purchase contract” - hereinafter also just “Contract” -  means the sales contract relating to the Seller's movable property, stipulated between the latter and the Buyer, i.e. and anyone who accesses the site  and derivative addresses and place an order,  as part of a remote sales system using electronic tools, organized by the Seller. 

In particular, the Site is an e-commerce site that allows its users to purchase goods marketed by Casahomewear Srl

3.5 The expression "Customer" means the person who makes the purchase, through the stipulation of the online purchase contract referred to in the previous point 1.1.

With the expression "Consumer Customer" or "Consumer"  means the Customer who acts on the Site as a consumer, as defined by article 3, letter. a) of Legislative Decree no. 206/2005 (“Consumer Code”), i.e. for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, and to it, in addition to these General Conditions, the Consumer Code also applies and no provisions contained therein in the General Conditions may derogate in a way that is unfavorable to the Consumer Customer with respect to the protections provided for consumers in the Consumer Code.

The expression “Professional Client” or “Professional” means  the freelancer or legal person who, through a designated and authorized natural person (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes an online sales contract, in the exercise of their entrepreneurial activity and commercial Professional customer.

Depending on the Customer - consumer or professional - who completes the contract , different rules and regulations will apply, as better specified below.

3.6 The expression "User" means the visitor of the platform who interacts with the functions of the site: the notion includes the Customer.

3.7 The expression "Seller" means the person indicated in the epigraph or the person providing information services. 

3.8 The expression “Consumer Code” means the Legislative Decree. 6 September 2005, n. 206 (Consumer Code) and subsequent amendments and additions, in the formulation in force at the time of conclusion of the Contract.

3.9 With the expression “ Legislative Decree 9 April  2003 n. 70” means the legislative provision that implements Directive 2000/31/EC relating to certain legal aspects of information society services in the internal market, with particular reference to electronic commerce.

3.10 The expression "Products" means all movable goods marketed by the Seller through the Site www.casahomewear.com .

3.11 The expression "Order" means the form in electronic format in which the Customer indicates the Products he intends to purchase from the Seller and which he sends to the Seller using the procedures provided by the Site.

3.12 The expression "Taking charge" means the communication with which the  Seller communicates to the Customer that it has received the Order and summarizes its contents, but does not constitute acceptance of the Order itself.

3.13 With the expression “Order Confirmation”  means the communication sent by the Seller to the Customer with which the Order is definitively accepted and determines the conclusion of the sales contract.

3.14 The expression "Producer" means the manufacturer of the Products sold by Casahomewear Srl

3.15  The expression "Carrier" means the person who will carry out the transport and delivery of the purchased Products to the Customer.

3.16  The expression "Discount coupon" means a document (paper or virtual) that embodies the Customer's right to obtain a price reduction on one or more products purchased which  the Seller may issue, at its sole discretion, in favor of the  Customers following reward initiatives.

3.17 The expression "Gift voucher" means a document (paper or virtual)  which incorporates a credit right  towards the Seller who issues it, which can be purchased from  Customer on the Site at a price equal to the credit carried by the Voucher and which can be used by Customers, or by persons to whom customers transfer it, exclusively for total or partial payment  of the Products purchased on the site. The gift voucher cannot be divided and can therefore only be used once.

4. Object of the online purchase contract. 

4.1. The object of the contract is any Product present on the site  www.casahomewear.com and Casahomewear Srl  offers for sale and the Customer  intends to purchase remotely via telematic tools. 

4.2. The products that can be purchased are those illustrated on the website page: www.casahomewear.com  and they can also be purchased without prior registration on the platform.

4.3 The products that can be purchased are inserted on the site divided by category: the User can carry out the product search by clicking on the menu and/or images of the environments, of the collections and selecting the various filters corresponding to the various categories: by selecting a category the User will be able to view the various articles present in the chosen category.

5. Gift vouchers and discount vouchers

5.1 Casahomewear Srl offers users the opportunity to purchase gift vouchers or receive discount vouchers.

5.2 Casahomewear Srl  may, at its sole discretion,  give way to  reward initiatives, which due to the way they are carried out are not considered either competitions or prize operations, and, therefore, may,  according to criteria determined at its sole discretion, attribute to Customers, or to some categories of Customers, the possibility of enjoying discounts to be used in the immediate or subsequent purchase of some Products or additional quantities of products. In this case, the criteria for obtaining the right to the discount or additional quantities of Products and the methods of use will be published on the Site on the [ Discount Policy ] page.

5.3 Discount vouchers and gift vouchers will be issued virtually, with a code indicated for each voucher. The seller is not responsible for the improper use of the discount voucher and/or gift voucher by third parties other than the holders of the vouchers, who must take care to keep the aforementioned code confidential. 

5.4 The time validity and value of the gift voucher and discount voucher are specified at the time the voucher is issued. Upon expiration, discount vouchers and gift vouchers expire and lose their value. In the case of discount coupons offered by  Casahomewear Srl  in correspondence with a specific offer, these vouchers cannot be used for other offers.

5.5 Gift vouchers are transferable and assignable to third parties. Discount coupons, however, are not  non-transferable or transferable. Gift vouchers and discount vouchers  They are not convertible into cash nor do they accrue interest. Gift vouchers and discount vouchers  they cannot be divided and their use extinguishes them, even if the amount enjoyed is less than the amount of the voucher. Gift vouchers and/or discount vouchers cannot be combined.

5.6 Discount vouchers cannot be used to pay shipping costs.

5.7 Casahomewear Srl reserves the right not to accept discount vouchers  for orders of less than a certain amount. Casahomewear Srl  undertakes to make this circumstance known at the time of the Customer's order.

5.8 In the event that the amount of the gift voucher (since it is a disposable instrument) or the discount voucher exceeds the purchase amount, Casahomewear Srl  will not refund or credit the remaining amount to the Customer.

5.9 In the event that the Customer's order  exceeds the value of the gift voucher or discount voucher, the difference in amount can be paid by the user using the normal means of payment referred to in the previous section.

5.10 Casahomewear Srl will accept only one discount voucher or one gift voucher  by order. 

5.11 In case of returns for exercise of the right of withdrawal, or not dependent on Casahomewear Srl, the discount vouchers  they will not be refundable. In case of returns due to exercise of the right of withdrawal, or not dependent on Casahomewear Srl, the gift vouchers  they will be refunded up to the value of the returned product.

6. Applicability and subscription.

6.1 These General Conditions regulate the commercial relationships between Casahomewear Srl  and the Customer and constitute an integral and substantial part of the contract for the sale of movable goods that will be concluded.

6.2 These General Conditions of Sale must always apply: different conditions of sale dictated or foreseen by the Consumer and/or the Professional can never become part of the contract between the parties, not even in the event of acceptance of the order by the Seller.

6.3 The Customer is aware that the General Conditions of Sale which are published on this Portal could vary following a unilateral decision by the Seller: for this reason each purchase is subject to and governed exclusively by the General Conditions of Sale in force on the date of transmission of the order by the Customer, which can be found in the footer of the Site in the version gradually in force,  and that the Customer  you are invited to read carefully.

6.4 The date of entry into force of the General Conditions is indicated in the first line of the document.

6.5 The Parties, in compliance with the mandatory provisions of the law, agree that if some provisions of these general conditions of sale are declared null or invalid, this fact will not affect the validity and effectiveness of the other provisions which will remain fully valid and effective.

6.6 During the relevant purchase procedure on the Site, the Customer must examine and accept these General Conditions by selecting the specific  specially prepared box  on the Site. The Customer, by selecting the aforementioned box, is aware: (i)  to accept the General Conditions which will therefore govern the contractual relationship; (ii) of  declare that you are at least 18 years of age, that you are capable of understanding and will and that you have the capacity to act.

Casahomewear Srl suggests that the Customer print the General Conditions  accepted or save them on a durable medium.

7. Products. Their availability.

7.1 All Products are illustrated in  a sheet containing all the information necessary for evaluating the product, including the price.

7.2 The Customer is aware that all the information provided on the Portal and in particular the images present in the product sheet are of a general nature and are made available for mere information and/or demonstration purposes, to allow identification of the item.

7.3 Differences may exist between the Products delivered to the Customer and those present on the Site, in particular with regard to the colors or designs, mainly due to the difficulty in obtaining their perfect chromatic or particular graphic representation due to the differences in color performance linked to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use etc. etc.), Casahomewer Srl cannot, therefore, be held responsible for the inconsistency of the photographs and/or or 3D representations usable from  site.

7.4 The Customer acknowledges and accepts that in the event that such differences do not concern the essential characteristics of the Products and do not affect their quality, he will not have the right to terminate the purchase contract for reasons attributable to Casahomewear Srl.

7.5 The Site is constantly updated automatically in order to guarantee maximum correspondence between the availability communicated by the suppliers and those indicated on the Site. If, due to the simultaneous access of multiple users to the site, there is an occasional unavailability of the Products offered for sale , Casahomewear Srl will promptly notify the Customer who will have the right to: (i) wait for the product to become available again; (ii) choose another product among those offered for sale by Casahomewear Srl; (iii) cancel the order with the right to obtain a refund of the amount paid by  7  within days of Casahomewear Srl receiving the cancellation of the order, with the same payment method used for the purchase.

8. Price of the Products and cost of delivery. 

8.1 The price of the Products that can be purchased is  indicated in detail on the site and can be viewed by the Customer  in the individual Product sheet.

8.2 The price of the Products applicable to each individual Purchase Contract is that indicated on the site at the time the order is sent, excluding the application of prices or offers indicated previously or that have occurred  subsequently. 

8.3 The prices of the Products are indicated in Euros and include VAT. 

For foreign professional customers, for whom the delivery of the goods must be carried out  abroad, VAT will be separated from the price. In this case, in the order form, before proceeding with payment, as part of the order management procedure referred to in the following art. 10,  the price of the products net of VAT will be indicated. 

8.4 In the event that Casahomewear Srl publishes prices on the Site also in a currency other than the Euro, payments must, however, be  carried out only in Euros.

The price of the Products will therefore always and only be that indicated in Euros, while the indication even in a different currency will have only an indicative value to allow the Customer to appreciate, without difficulty, the equivalent price in another currency.

In any case, the Customer is aware that the actual exchange rate applied to him will depend on the operator of the chosen means of payment, the Seller being totally unrelated to this and therefore assuming no responsibility for discrepancies between the indicative price in a currency other than 'Euro and the one actually charged to the Customer by the operator of the means of payment. 

8.5  Prices do not include costs for delivery of the goods which must be calculated separately.

8.6 Delivery costs are borne by the Customer. The customer can view it on the " Shipping " page. The actual cost of delivery costs is indicated in the order form, before proceeding with payment, as part of the order management procedure (referred to in art. 10 below) after the customer has entered his/her details and shipping address.

8.7 For each of the Orders, shipping costs are calculated based on the place of delivery, the weight and volume of the package: once the postal code and shipping address have been entered, as well as, after having made the choice of delivery method (shipment by courier or collection at the operational headquarters of Casahomewear Srl) in the Order creation procedure the actual amount of the Delivery Costs will be highlighted.

The expected delivery costs for the various identified areas will be published on the Site (on the "Shipping" page).  and the list of places where delivery is not made .

Access to the Site. Registration

9.1 In order to purchase the Products on the Site, it is not necessary to be previously registered.

9.2 . The Customer who wishes to proceed with the registration of a personal account can do so following  the procedure indicated on the Site.

Only one registration will be permitted per User and they may, at any time, cancel their registration on the Site.

9.3 Registration on the Portal does not imply any obligation to purchase and can only be carried out by adults and in possession of the legal faculties to stipulate contracts.

9.4 The data provided must be true, accurate and must be  updated if necessary. 

9.5 The Registered User is responsible for his/her account and for all activities carried out and orders submitted through his/her account and is required to immediately notify the Seller of any theft of credentials or unauthorized access;

9.6 The registered User can also always manage his profile by accessing the personal control panel and modify the address and/or his information relating to the personal profile, manage and store your delivery addresses, access the history of orders sent and participate in reward initiatives reserved for registered users.

9.7 The User, even if not registered, will always be able to view the catalog of available and purchasable products, their characteristics, technical information, prices, costs and shipping methods and any other information necessary for the correct formulation of the desire to purchase ,  access the return procedure, take advantage of the benefits and discounts possibly offered by the Seller, purchase gift shopping vouchers, participate in reward operations, follow the shipment tracking  through the link to the Carrier's website

9.8 In case of fraudulent use of the Site and/or of your personal account by the Customer, Casahomewear Srl  will have the right to proceed with the cancellation of the account after 5 days, or even a shorter period in the most serious cases, from the relevant notice which will be sent via email to the Customer.

10. Conclusion of the online purchase contract

10.1 The purchase of a Product on the Site, by completing an order form in electronic format, takes place through a guided procedure which requires the following fundamental steps:

• Choice to proceed with the purchase of the products;
• Compilation of mandatory data (name and surname (or company name), residential address, shipping address, email address, mobile phone number, 
• Compilation of any optional data (tax code, VAT number, invoicing choice)
• Choice of shipping/delivery method 
• Read and accept the "conditions of sale"
• Read and accept the Privacy policy
• Confirm your desire to purchase by choosing the payment method 
• Make payment.

10.2 The information and data contained in the order form constitute an integral part of the Purchase Contract.

10.3 The Customer has the right to modify or cancel the Order, at each stage of the aforementioned guided procedure, 

until it is redirected to the secure payments page managed by the PayPal and Shopify Payments platforms, it being understood that the Customer can always leave the payment page. 

10.4  If the Customer confirms the desire to proceed  upon purchase,  will be directed via a specific "button" ("Go to Payment") to the secure payments page managed by the PayPal or Shopify Payments platforms, where they will enter the information required to proceed with the payment according to the payment method selected by the Customer.

Before confirming the payment, the Site will show the cart page with the summary of the Order (product type, quantity for each product, price for each Product, total price, shipping costs, additional delivery costs, as well as any other indications specifications of the Order).

10.5 Payment confirmed, the client  will receive an "Acceptance" of the Order email containing the summary of the order and the Order number, which does not constitute acceptance of the Order itself, the contract being considered concluded only when the Customer receives the confirmation of acceptance of the order by the Seller.

10.6 The Customer will verify the correctness of the data contained in the Acceptance of Charge and will communicate to Casahomewear Srl, within 60 minutes of receipt, any corrections, indicating in the communication the Order Number (which must be used by the Customer in every communication) to the e-mail address email: customerservice@casahomewear.com . 

In the absence of the Order Number, no communication will be valid or examined by Casahomewear Srl.

10.7 Once confirmation of the validity of the payment method used by the Customer has been received, Casahomewear Srl will send, within 7 (seven) days,  to the Customer - to the email address indicated by the Customer - the confirmation of the order in which he will be able to view: (i) the Products and the related Prices (including Delivery costs and additional costs relating to possible additional Services requested by the Customer ), (ii) the delivery address, (iii) the order number that the Customer must use in any subsequent communication. The Customer will print and keep the order confirmation email.

10.8 The purchase contract for the Products between the Customer and Casahomewear Srl  is considered concluded when the Customer receives the Order Confirmation sent to him  from Casahomewear Srl.

10.9 The Products ordered on the Site remain the property of Casahomewear Srl until the payment of the Price and Delivery Costs is actually received and the consequent sending of the Order Confirmation.

10.10 Orders are subject to the availability and acceptance of the Seller and the Seller may refuse to accept the Order and not process it . In this case he will have to return, within 7 working days of receiving the Order, the entire sum paid to him by the Customer.

10.11 Casahomewear Srl reserves the right to refuse orders coming from Customers:

(i) located in areas where deliveries are not made;

(ii) with whom it has ongoing disputes, including non-judicial ones;

(iii) who have violated the conditions and/or terms in relation to previous Purchase Agreements;

(iv) who have been involved in fraud of any kind and, in particular, in fraud relating to credit card payments;

(v) who have provided false, incomplete or otherwise inaccurate identification data.

10.12 For any questions, comments or concerns in relation to an Order or if the Customer believes that an Order has been rejected in error, the Customer can contact Customer Service via the email address customerservice@casahomewear.com .

11. Payment methods

11.1 Payment for the Order must be made at the time the Order is sent to Casahomewear Srl, according to the methods selected by the Customer during the procedure indicated in the previous article 10.

11.2 To make purchases on the Site, the Customer has access to the payment methods available on the PayPal.com and Shopify Payments platforms.

The Customer will be able to select the desired payment method on the page  of the chosen platform  which can be viewed by clicking on the button  “Go to payment”  before proceeding with the purchase. The payment method chosen by the Customer will be indicated in the Acceptance.

11.3 All communications relating to credit cards and similar payments take place on the protected lines managed by the PayPal.com and Shopify Payments platforms. No responsibility can be charged to the Seller for any inconvenience or damage arising to the Customer from the use of the aforementioned payment platforms.

11.4 Each Customer, by making the payment, declares that they have the full right to use the chosen payment instrument. 

11.5 Casahomewear Srl does not intervene in any way in the payment processes, does not have access to the platforms used by the Customer for payment, does not become aware of and does not store any information on the means of payment used by the Customer and is not responsible for the fraudulent use of the information communicated by the Customer to the platforms to make payments.

11.6 The Seller does not apply any expenses relating to the payment instruments chosen by the Customer, the cost of which is that established by the managers of the instruments themselves.

12. Billing

12.1 Casahomewear Srl will issue a receipt (or invoice, if expressly requested by the customer) according to the data provided by the Customer during the procedure for concluding the purchase contract and will send it  to the client,  for your knowledge, by email or post. To this end, the Customer should carefully check the accuracy of the data provided which, moreover, may be modified with each new Order.

13. Delivery methods and terms. Customer's reception obligations

13.1 Deliveries will be made by Casahomewear Srl only in the European Union countries indicated in a list on the "Shipping" page, via carriers appointed by the same, to the address indicated by the Customer during the Order creation procedure, according to the timing in it indicated, approximately in a shipping time of between two and thirty days  days  from the date of completion of the Purchase Contract (except for Products not available in stock),  without prior appointment with the Carrier  and at street level. Casahomewear Srl advises the Customer to indicate an address where there is always someone present who can collect the purchased products.

Shipping terms are intended as indicative and not exhaustive; any delays in the delivery of the goods do not give the Customer the right to terminate the concluded purchase contract.

13.2 When the Product is taken over by the Carrier, the Customer will be informed by e-mail  or telephone message from Casahomewear of the shipment and who will receive an e-mail (and/or telephone message) from the Carrier indicating the expected date of delivery of the Product, the tracking number and the link to follow your shipment directly on the Carrier's website.

13.3 The Customer is required to report any particular characteristics relating to the place of delivery of the products and/or its location right from the stage of completing the order. Where Delivery is to be made: (i)  in areas subject to traffic restrictions or where it is necessary to obtain special permits to access them, or on smaller islands,  or (ii) at a property more than 100 meters away  from the unloading point, or (iii) in difficult-to-access areas indicated in the list published on the Site on the " Shipping " page , in this case, however, including all the smaller islands, Casahomewear Srl may charge the Customer differentiated shipping costs and/or additional costs. To this end, the Customer must report this before sending the order  to Casahomewear Srl the aforementioned particular characteristics of the place of delivery also in order to know the extent of such costs. The Customer accepts the charging of costs in the amount established by Casahomewear Srl in all cases  previously contacted the Seller or has not indicated that delivery must take place in the places indicated above  and is, in any case, aware of, and accepts,  that Casahomewear Srl, in the event of failure to provide prior information, may not be able to complete the delivery of the Products within the agreed timescales.

13.4 The Carrier will make an initial delivery attempt and, in the event of the Customer's absence and except in the event that the address is incorrect, will send him a communication via e-mail (or telephone message) indicating the delivery date. a second delivery attempt.

In the event that the address is incorrect or even the second attempt is not successful, the Carrier will keep the Products in its warehouses for 24 (twenty-four) hours  , communicating this to the Customer via e-mail or telephone message.

After this deadline Casahomewear Srl  may cancel the Order. In such cases, Casahomewear Srl  will communicate to the Customer, via e-mail, the cancellation of the Order and the terms and methods of reimbursement of the Price of the Products, excluding Delivery Costs, any costs of storage and return to Casahomewear Srl,  which will remain the responsibility of the Customer.

On the "Shipping" page of the Site  costs are indicated  daily storage of the products, while the costs of returning them to Casahomewear Srl are equal to the delivery costs.

13.5 The Customer is obliged  to be present personally, or through a delegate, at the time of Delivery and is required to carry out, at that time,  all checks necessary to ascertain the condition of the packaging (labels affixed  on packages with name  correct of the Customer, integrity and non-alteration of the packaging, of the packaging closing materials such as tapes or straps, failure to tamper with the packaging) and the number of packages received for delivery. The Customer, or his delegate, if they find any discrepancies or anomalies, must indicate them in detail on the transport document or on the delivery note (indicating "Inspection reservation" and specifying the reason for the reservation (by way of example, wet, broken, tampered packaging, etc. .  and contact immediately  Casahomewear Srl via the email customerservice@casahomewear.com ..

If the cases indicated in the previous paragraph occur, the Customer has the right to refuse the delivery by indicating the reason on the transport document or on the delivery note.

If the delivery is refused for the actual existence of the reasons indicated in this article 13.5, the Customer will have the right, at his/her choice to be communicated within 24 (twenty-four) hours to Casahomewear Srl at the address customerservice@casahomewear.com , to the replacement of the products not collected or a refund of the price paid, including shipping costs, to be made by the Seller within 14 (fourteen) days  using the same payment method used by the Customer for the initial transaction.

13.6 The risk of loss or damage to the products passes to the Customer  from the moment of  their withdrawal by the Customer himself or his delegate.

The risk of loss or damage to the goods, for reasons not attributable to the Seller, is transferred to the Customer  consumer already at the moment of delivery of the goods to the carrier if the latter has been chosen by the Customer  consumer and this choice has not been proposed by the Seller, without prejudice to the consumer's rights towards the carrier.

14. Guarantee in favor of the Consumer Customer. Content and duration

14.1 The Consumer Customer has the right to make use of the legal guarantee referred to in articles 128 et seq. of the Consumer Code which applies to all Products purchased by the Consumer Customer.

Any form of conventional guarantee is excluded unless it is expressly offered in relation to some individual Product. In this case it will be delivered to the Customer together with the Product to which it refers. 

The legal guarantee operates only  in the event that the Product is used in compliance with the uses for which it is intended and in the manner indicated on the packaging or labels of the Product itself or on the Product sheet present on the Site.

14.2 Casahomewear Srl  provides a Product compliant with national and community legislation in force in Italy, suitable for the usual use for which it is intended, compliant with the description given on the site and with the qualities that reasonably follow the description and the price and is  responsible towards the Consumer Customer, pursuant to art. 130 of the Consumer Code, of any defects in conformity of the Product  at the time of its delivery.

14.3 In relation to the online purchase contracts that will be stipulated with Casahomewear Srl, it is assumed that the Products comply with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are usually used; b) conform to the description made by the Seller and possess the qualities of the goods that the seller presented to the consumer Customer in the product sheet on the Site; c) present the usual quality and performance of a good of the same type, which the consumer Customer can reasonably expect, taking into account the nature of the good and, if applicable, the public declarations on the specific characteristics of the goods made in this regard by the Seller, by the manufacturer, in particular in advertising or on labelling.

14.4 The Seller is responsible, pursuant to article 130 of the Consumer Code, when the lack of conformity occurs within two years of delivery of the goods.

The defect must exist at the time of delivery, any form of guarantee for defects of conformity which arise following incorrect use of the Products being excluded.

14.5 The Consumer Customer forfeits the warranty rights provided for by article 130, paragraph 2, of the Consumer Code if he does not report the lack of conformity to the Seller within two months from the date on which he discovered the defect by sending Casahomewear Srl a explicit declaration by registered mail, certified e-mail or e-mail:

Casahomewear Srl, via San Michele n. 7, 24026 Leffe (BG)

pec: casahomewear@pec-legal.it

email: customerservice@casahomewear.com

indicating the identification data of the purchase made, the defect found, your personal data, the order number, and the data relating to the receipt or invoice issued by the Seller which the Customer is required to keep  and which will be requested in case of operation of the guarantee in order to allow the operation of the guarantee. The Customer must also attach photographic documentation of the defect found.

The report is not necessary if the seller has recognized the existence of the defect or has hidden it. 

14.6 Pursuant to articles. 114 et seq. of the Consumer Code, the Seller is responsible for damage caused by defects in the goods sold if he fails to communicate to the injured party, within three months of the request, the identity and domicile of the manufacturer or of the person who supplied him with the goods. .

14.7 The Seller cannot be held responsible for the consequences resulting from a defective product if the defect is due to the conformity of the product, to a mandatory legal rule or to a binding provision, or if the state of scientific and technical knowledge, at the time in which the manufacturer put the product into circulation, did not yet allow the product to be considered as defective and if the injured party was aware of the defect in the product and the danger resulting from it and nevertheless voluntarily exposed himself to it. In any case, the injured party will have to prove the defect, the damage, and the causal connection between the defect and the damage.

Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387/00 euros);

14.8  The provisions of this article do not make the Seller assume any obligation greater than those strictly provided for by law and do not attribute to the Seller the responsibilities of the Manufacturer.

14.9 The Consumer Customer can ask, at his choice, the seller to repair the Product or replace it, without costs in both cases, unless the requested remedy is objectively impossible or excessively onerous compared to the other, taking into account the value of the Product and the extent of the defect found.

14.10 The Consumer Customer may request, at his/her choice, an appropriate price reduction or termination of the contract where one of the following situations occurs: (i) repair or replacement is impossible or excessively onerous; (ii) the seller has not repaired or replaced the goods within a reasonable time; (iii) the replacement or repair previously carried out has caused significant inconvenience to the consumer.

When determining the amount of the reduction or the sum to be returned, the use of the asset is taken into account.

14.11 Casahomewear Srl  will indicate its willingness to process the request, or the reasons that prevent it from doing so, within seven working days of receipt. 

14.12 In such cases, Casahomewear Srl undertakes to refund part of the price in the event that the Consumer Customer requests a reduction in the Price, or the entire Price in the event of a request for termination of the Purchase Contract, within 14 (fourteen) days , respectively, from the request for partial reimbursement of the Price (without returning the Product by the Consumer Customer) or from receipt of the returned Product. Any return to Casahomewear Srl  of the Product must be sent, without delay, to the following address: 

Casahomewear Srl, via Caduti n. 42, 24020 Dinners (Bg)

14.13 A minor lack of conformity for which it has not been possible or is excessively burdensome to carry out repair or replacement remedies does not give the right to terminate the Contract.

14.14 Products not covered by the warranty, returned by the Customer without prior agreement with Casahomewear Srl, may be legitimately rejected by the latter either by not accepting the return of the Product sent by the Customer, or by sending the Customer a rejection email with the invitation upon collection of the Product.

If Casahomewear Srl decides to accept the  returned, may charge the Customer for transport, storage and management costs and reimburse, within 14 days of accepting the return, the sum paid by the Customer minus the aforementioned costs using the same payment method used by the consumer for the initial transaction .

15. Guarantee in favor of the professional customer

15.1 The professional customer undertakes to pay the price of the products purchased in the manner and according to the terms better described above.

15.2 . In relation to online purchase contracts  concluded with Cotonificio Zambaiti by the professional customer, the guarantee provided by the Seller is only that provided for by articles 1490 and following of the civil code. and operates only  in the event that the product is used in compliance with the uses for which it is intended and in the manner indicated on the packaging or labels of the Product itself or on the Product sheet on the Site.

15.3 The professional customer loses the warranty eight days after receiving the Products if he has not reported any defects by registered mail with acknowledgment of receipt or by certified email to the following address:

Casahomewear Srl, via San Michele n. 7, 24026 Leffe (BG)

pec: casahomewear@pec-legal.it

15.4 Casahomewear Srl will not accept returns of Products unless previously authorized.

If the Product delivered is actually defective, the professional Customer may, at his/her choice, obtain a replacement of the Product or a refund of the price paid which will be carried out using the same payment method used by the Customer for the initial transaction.

16. Customer Complaints. Procedures

16.1 The Customer who intends to lodge a complaint must send it  at the service  Customer Service“  prepared by Casahomewear Srl, on working days from 9.00 to 17.00, using the contact channels listed in the "Customer service" section  of the Site and will be taken over by Casahomewear Srl  within 15 working days of sending the communication by the Customer.

16.2 Any further communication  may be addressed to the Customer Service Department using the contact channels listed in the "Customer service" section of the Site.

16.3 Where the complaint refers to Products not covered by the Casahomewear Srl Guarantee  will immediately inform the Customer.

17. Right of Withdrawal

17.1 Pursuant to art. 52 et seq. of the Consumer Code, the Consumer Customer, as defined in the previous article 1.2, has the right to withdraw from the Purchase Contract for any reason, without explanation and without any penalty, in the manner specified below.

The exercise of the right of withdrawal terminates the Parties' obligations to perform the Contract.

17.2 The Right of Withdrawal may concern all (total withdrawal) or only part (partial withdrawal) of the Products purchased by the Consumer Customer

17.3 The consumer customer must exercise the withdrawal by sending - within fourteen days from the day on which he, or a third party other than the carrier,  and designated by the consumer Customer, acquires physical possession of the Products  and in the case of multiple goods ordered by the consumer customer through a single order from the date on which he acquires physical possession of the last product - a notice of withdrawal using the standard withdrawal form made available on the site or any other explicit declaration of the your decision to withdraw from the Purchase Contract  by paper and/or electronic mail to the following addresses:

Casahomewear Srl, via San Michele n. 7, 24026 Leffe (BG)

pec: casahomewear@pec-legal.it

e.mail: customerservice@casahomewear.com 

The client  has exercised his right of withdrawal within the withdrawal period referred to in Article 52, paragraph 2, and Article 53 of the Consumer Code if the communication relating to the exercise of the right of withdrawal is sent by the consumer before the expiry of the withdrawal period.

17.4 In the event of exercising the Right of Withdrawal, the Consumer Customer undertakes to return the Products to Casahomewear Srl within 14 (fourteen) days from the date on which the same communicated the withdrawal, a deadline which will be considered respected if they ship them before of the expiry of 14 (fourteen) days (“Return”).

17.5 Return of the Products  for which the Customer has exercised the right of withdrawal takes place at the care and under the exclusive responsibility of the Consumer Customer  on which they weigh in full  transport costs. 

The Seller will collect the Products at its own expense if, due to their nature, they cannot normally be returned by post.

The Products for the purchase of which the withdrawal was exercised must be returned intact, in a normal state of conservation, inserted in the original packaging, complete in all its parts (including packaging and accessory documentation).

17.6 The Customer is responsible:

(i) the decrease in the value of the products resulting from their handling other than that necessary to establish their nature, characteristics and functioning. The products may be checked but must not be used, washed or damaged; they must, therefore, be kept with normal diligence and returned intact, perfectly suitable for the use for which they are intended and free of any sign of wear or dirt, complete in all their parts, accompanied by all accessories and information sheets, with tags identifiers, labels and disposable seals, where present, still attached to the products and intact and not tampered with. The products sold on the Site are original and are shipped in their authentic packaging; during the return phase, the products must be returned as received, in their original packaging, and including any accessories and/or elements that constitute an integral part (e.g. identification tag with disposable seal);

(ii) for the loss or damage of the returned products during transport.

17.7 Where the Customer has exercised the right of withdrawal in accordance with the provisions of articles 52 et seq. of the Consumer Code also complying with the provisions of this article, Casahomewear Srl  will reimburse the Consumer Customer - using the same payment method used by the consumer for the initial transaction - the entire amount already paid (with the exclusion of additional costs, if the consumer has expressly chosen, where possibly this possibility has been offered by the Seller in relation to some specific Product,  a type of delivery other than the least expensive type of delivery offered by the Seller) within 14 (fourteen) days from the date of receipt of the withdrawal notice, without prejudice to the right to  Casahomewear Sr.l.  to provide for the reimbursement, pursuant to and for the purposes of the art. 56 of the Consumer Code, only after receiving the Products in relation to which the withdrawal was communicated or until the consumer has demonstrated that he has sent the goods back, depending on which situation occurs first.

If there is no correspondence between the recipient of the products indicated in the order form and the person who made the payment of the sums due for their purchase, the reimbursement of the sums, in the event of exercise of the right of withdrawal, will be carried out, in any case , towards the person who made the payment.

17.8 In the event that the products for which the withdrawal has been exercised have suffered a decrease in value resulting from handling of the same other than that necessary to establish their nature, characteristics and functioning, the refund amount will be reduced by a sum equal to this decrease in value. Casahomewear Srl will notify the Customer of the circumstance and the consequent decreased reimbursement amount - by e-mail - within 10 days.

In the event that the refund has already been paid in full, Casahomewear Srl will provide the Customer with the bank details for the payment of the amount owed by the Buyer due to the decrease in value of the returned products. As an alternative to the partial refund, the Buyer has the possibility of having the products returned in the state in which they were returned to Casahomewear Srl and, in this case, the right of withdrawal is considered not to be exercised and the products remain at the Seller's disposal of the Customer for collection, which must take place at the expense and under the responsibility of the Customer himself.

Where expressly requested by the Customer, redelivery may be carried out by the Seller at the expense of the Customer who will pay them in advance using the same methods used for the initial transaction.

17.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and, in particular, in addition to failure to comply with the aforementioned terms, in the event that the products are not intact in every part and/or accompanied by their accessories and/or elements that constitute an integral part of it (e.g. identification tag, disposable seal, etc.) or, in any case, are used, said withdrawal will not lead to the termination of the contract and, consequently, will not give the right to a refund of the amount paid by the Buyer for the Product. 

Casahomewear Srl will notify the Customer by e-mail - within 10 working days of receiving the products, rejecting the withdrawal request. If the Products have already arrived at Casahomewear Srl, they will remain at the Customer's disposal  for collection which must take place at the expense and under the responsibility of the Customer  same.

Where expressly requested by the Customer, redelivery may be carried out by the Seller at the expense of the Customer who will pay them in advance using the same methods used for the initial transaction.

18. Exclusion of the right of withdrawal

18.1 The right of withdrawal referred to in articles 52 to 58 of the Consumer Code for distance contracts and contracts negotiated away from business premises is excluded in relation to:

a) service contracts after the complete provision of the service if the execution began with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the contract by the professional;

b) the supply of goods or services whose price is linked to fluctuations in the financial market that the Seller  cannot control and which may occur during the withdrawal period;

c) the supply of goods made to measure or clearly personalized;

d) the supply of goods which risk deteriorating or expiring rapidly;

e) the supply of sealed goods that are not suitable for return for hygienic reasons or related to health protection and have been opened after delivery;

f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;

g) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the professional;

h) contracts in which the consumer has specifically requested a visit by the professional for the purpose of carrying out urgent repair or maintenance work. If, on the occasion of such a visit, the professional provides services in addition to those specifically requested by the consumer or goods other than spare parts necessary to carry out maintenance or repairs, the right of withdrawal applies to such additional services or goods;

(i) the supply of sealed audio or video recordings or sealed computer software which has been opened after delivery;

l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;

m) contracts concluded at a public auction;

n) the provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;

o) the supply of digital content using a non-material medium if the execution began with the express agreement of the consumer and with his acceptance of the fact that in this case he would lose the right of withdrawal.

18.2 The right of withdrawal is also excluded, and, in any case, the Consumer Customer loses this right, when: (i) the product has been customized at the Customer's request, (ii)  is not returned intact, (iii) has been used even partially, (iv) elements or parts of the product are missing, (v) the original packaging and any warranty seals where applicable are missing, (vi) yes  different from the one delivered and to which the withdrawal refers.

19. Use of the Portal. Exclusion of liability of the Seller.

19.1 The User uses the services offered by the Casahomewear Srl Site through IT media and internet connection purchased at his own expense.

19.2. Casahomewear Srl is excluded from any liability for improper use of the site by Users, for disservices or malfunctions of the site or for disservices attributable to force majeure.

19.3 Casahomewear Srl makes the Portal available without granting any specific guarantee or license. Its use is made by the User assuming all risks connected to the use of the Internet and IT applications (hardware and software) who will take care to verify that they are equipped with the necessary  IT security measures (antivirus, firewall, etc.) and will avoid downloading unsafe or dangerous material, with the Seller expressly excluding any liability for any viruses, malicious codes or problems of any nature connected to internet browsing as they are unrelated to the the Seller's actions.

19.4 The Seller assumes no responsibility for all disservices or problems that the User may encounter during use of the Site due to facts not directly attributable to the Seller, such as, by way of example only, disservices or network malfunctions, service interruptions of online sales, damage to the User's computer equipment or software, incompatibility of the computer equipment and software used by the user with the Site.

19.5 Failure to execute the contract for reasons not attributable to the Seller (including the case in which the ordered products are not available) excludes any liability towards the Customer for damages or costs incurred, the Customer having the sole right to the full refund of the price paid and any additional charges incurred.

19.6 Since payments are made through platforms unrelated to the Seller, any liability on the part of Casahomewear Srl is excluded  in the event of any fraudulent or illicit use of credit cards, checks and other means of payment by third parties.

20. Intellectual Property

20.1 Casahomewear Srl is the full and exclusive owner, or has the right to use, the elements published on the Site, including, in particular, the logo, trademarks, texts, photographs, images, drawings, models or tables, music, sounds and videos, documents, drawings, figures and any other material, in any format, published on the Site, including menus, web pages, graphics, colours, schemes, tools, fonts and website design, diagrams, layouts, methods, processes, functions and software which are protected by copyright and any other intellectual property rights of Casahomewear Srl and others any holders of such rights.

The reproduction or representation on any medium, total or partial, of the elements of the Site including the catalogue, trademarks, commercial documentation of Products marketed by Casahomewear Srl, their use as well as their dissemination to third parties are expressly prohibited and will be prosecuted civil and criminal pursuant to law.

The distinctive signs that distinguish the products marketed by Casahomewear Srl are registered by their respective owners and are used by Casahomewear Srl with the authorization of the owners themselves for the sole purpose of  distinguish, describe and advertise the products offered for sale on the Site.

Any use of these distinctive signs that does not comply with the law is prohibited.

21. Force majeure

21.1 . Casahomewear Srl  cannot be held responsible for any damage or loss of any kind, resulting from any delay or failure (whether partial or total) of the obligations under the Purchase Contract caused by an event of force majeure, without its express fault or  negligence.

21.2 For the purposes of these Conditions of Sale, force majeure event means any event or cause of an unforeseeable and irresistible nature not wanted by the parties which event has the effect, direct or indirect, of preventing or making impossible the performance of a of the obligations under the Purchase Contract, such as, but not limited to, fires, wars, strikes, embargoes, government regulations or other civil or military authorities, omissions and negligence of carriers or suppliers, vandals or hackers, failures or malfunctioning of the networks of third parties, telecommunications equipment, websites, software and hardware or other technologies.

21.3 After the occurrence of a force majeure event, the affected Party must promptly notify the corresponding Party informing it of all the details of the event in question.

21.4 The Purchase Contract will be suspended for the entire duration of the circumstance in question and, in the event that the circumstances determining force majeure continue for  beyond  30 days, after this period the Contract will be considered terminated. In this case, any obligation of the Parties to execute the Contract will cease and the Seller will refund the Customer any sums already received within 14 days from the date of termination of the Contract using the same payment method used by the consumer for the initial transaction.

22. Temporary suspension of service

22.1 Casahomewear Srl, even outside of cases of force majeure, may temporarily suspend sales, even without any prior notice:

(i) where technical interventions must be carried out on the Site which do not allow it to function;

(ii) where there are security reasons, there is a danger of violations of confidentiality, there are reasons that make it appropriate to temporarily interrupt sales or operation of the Site.

22.2 If the aforementioned circumstances occur, Casahomewear Srl will subsequently communicate this to customers with a notice on the Site.

23. Processing of personal data

23.1 Customer data collected by Casahomewear Srl  will be processed in compliance with the provisions of Legislative Decree 196/2003 - Code regarding the processing of personal data, for the purposes and within the limits indicated in the Privacy Policy

adopted by Casahomewear Srl. as specified in the Privacy Policy available in the footer of the website www.casahomewear.com.

23.2 In any case Casahomewear Srl  informs that:

Pursuant to Legislative Decree 196/2003, the Seller informs that: 

a) the Customer's data will be processed and/or communicated to third parties (e.g. banks, financial intermediaries, carriers, external consultants, etc.) in compliance with the aforementioned legislation, for the execution of contracts, but cannot be in any way sold to third parties; 

b) the Seller is the Data Controller, excluding all those relating to means of payment which he will not be in possession of; 

c) the Customer has the right to exercise the rights referred to in the art. 7 of the legislative decree itself.

24. Applicable law and competent court.

24.1 The Contract, including these General Conditions, is governed by Italian law.

24.2 Any dispute arising from the interpretation, execution and dissolution of the Purchase Contract will be resolved:

a) in the case of a consumer customer, the exclusive jurisdiction of the judge of the place of residence or domicile of the consumer, if located in the territory of the Italian State;

b) for all other cases to the exclusive territorial jurisdiction of the Court of Bergamo, within the limits established: - by Regulation (EC) no. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (commonly known as the "Rome I" Regulation) which governs the identification of the applicable law in the event of conflicts of law regarding civil contractual obligations and commercial; - by Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (commonly known as the "Rome II" Regulation) which entered into force on 11 January 2009 and which governs the identification of the applicable law in case of conflicts of law regarding non-contractual obligations in civil and commercial matters; - by Regulation (EC) no. 44/2000 of the Council of 22 December 2000 regarding jurisdictional competences. 

24.3 If certain provisions of the General Conditions of Sale are deemed invalid or inapplicable, the same will in any case be interpreted in such a way as to reflect the common intentions of Casahomewear Srl and the Customers, in accordance with the remaining provisions.