Terms and Conditions
Section 1. Identity of the seller
1.1 The website/web shop “Cruciani”, available at http://www.crucianic.com, (hereinafter called the “Website”) is operated by ARNALDO CAPRAI GRUPPO TESSILE S.R.L., a company incorporated under the laws of Italy with registered office in 06034 Foligno (Perugia, Italy), S.s. Flaminia Km 148. (hereinafter called “Seller”, “we” or “us”.)
1.2 Information and data pertaining to the Seller:
ARNALDO CAPRAI GRUPPO TESSILE S.R.L.
Trading under the business name(s): “Cruciani”
Business and visiting address: S.s. Flaminia Km 148, 06034 Foligno (Perugia, Italy),
Telephone number Italy:
Fax number: 0039 0742 679242
Web hosting: OVH Srl
E-mail: [email protected]
Italian company number (Registro Economico Amministrative – REA): 222120
Intra-community VAT-number: 02507670541
Section 2. Definitions.
“Day”: calendar day;
“Customer”: consumer or any natural person that is acting for purposes which are outside his trade, business, craft or profession;
“Goods”: the goods which can be found and are described on the Website (primarily bracelets and in addition a small assortment of handbags, bags, small leather goods, scarfs, children’s clothing and other accessories);
“Agreement” or “distance agreement”: an agreement entered into between the Seller and the Customer under an organized distance sales scheme (the Website) without the simultaneous physical presence of both the Seller and the Customer, with the exclusive use of one or more means of distance communication up to and including the time at which the agreement is concluded.
Section 3. Field of application of these General Conditions of Sales
3.1 Every transaction on the website, including orders and purchases, implies the explicit, unconditional and irrevocable acceptance, without any prejudice to these General Conditions of Sales, on the part of the Customer who shall be considered to have been informed of these General Conditions of Sales. These General Conditions of Sales shall apply to the entire agreement between the Seller and the Customer they relate to and shall replace any and all previous spoken or written agreements in this regard. These General Conditions of Sales shall always prevail over possible general or special conditions imposed by the Customer. The possible invalidity or nullity of a provision in these General Conditions of Sales does not affect the validity and/or enforceability of any and all other provisions.
3.2 These General Conditions of Sales can be consulted on the Website under the item “General Conditions of Sales”.
Before the distance agreement is entered into, the text of the General Conditions of Sales shall be made available to the Customer. If – within reason – this is not possible, the Seller shall prior to the conclusion of the distance agreement indicate how the General Conditions of Sales can be consulted and mention that the general conditions will be sent free of charge and as soon as possible on condition that the Customer makes a request to this end.
If the distance agreement is entered into digitally, it shall be possible – contrary to the aforementioned – to make the text of the General Conditions of Sales available to the Customer in digital form, thereby ensuring the easy storage on a permanent data carrier. If – within reason – this is not possible, the Seller shall indicate where the Customer can consult the text of the General Conditions of Sales or mention that said text shall be sent digitally or otherwise free of charge on condition that the Customer makes a request to this end.
3.3 The seller shall always be able to unilaterally change the provisions of these General Conditions of Sales. Alterations shall be announced on the Website and/or by digital means. Each purchase shall be subjected to the version of the General Conditions of Sales applying at the time of acceptance of the order by the Seller. Continued use of the Website shall be regarded as acceptance of the new General Conditions of Sales. These General Conditions of Sales were last altered on April 10th, 2015.
Section 4. Realization of the agreement
4.1. The agreement can be entered into in the following languages: English. Whenever the Customer places an order and accepts the General Conditions of Sales, (s)he confirms that to him/her English is understandable, clear and unambiguous.
4.2. Section 7 below describes the various technical steps to conclude the agreement and the technical means with which incorrect entries can be detected and corrected before placing the order.
4.3. The Seller shall digitally archive the agreements that were entered into and make these available to the Customer on a permanent medium.
4.4. Taking into account the rules that apply the Seller shall be able to check whether the Customer is able to meet his/her payment obligations and to verify any and all facts and elements relevant to the conclusion of the distance agreement in question. If the Seller has good reason not to enter into a distance agreement with a particular Customer, he shall have the right to refuse an order or impose special conditions for its implementation.
Section 5. Website information/contents - goods
5.1. The Website shall provide a full, clear and detailed description of the goods offered for sale. To the best of our abilities we shall ensure that the information on the Website is complete, correct and precise. Despite these precautions wrong data may appear for which we cannot be held accountable. Slight differences between various specimens of the same product may occur. In the event of wrong data, the Customer shall be able to contact us (see contact data in section 17 below).
5.2. The information and contents on the Website, including the images and description of goods, are of a general nature, not adapted to personal or specific circumstances and cannot be considered as personal advice or a contractual commitment and do not give cause for damages or termination of the agreement. The information and contents on the Website is available ‘as consulted’ without providing any guarantee. The use of Website and its contents is AYOR (at your own risk).
5.3. At the time of their market introduction the goods comply with any and all regulations in force with regard to health and safety, fair market practices and consumer protection.
5.4. The goods shall be offered for sale for as long as stocks last. In the event of depletion of the Seller’s stocks, the latter shall remove the item in question from the (online) catalogue.
Section 6. Prices
6.1. The prices mentioned on the Website are indicated including VAT (Italian VAT), but excluding delivery and/or shipment charges. The prices are mentioned in EUR. The offer and the prices are valid on the date the Website is consulted and/or the order placed. Before placing an order, the offer and prices may be altered at all times.
6.2. The amount of the delivery and shipping costs vary according to the weight of the order, the distance to the country of destination and the delivery terms. At all times and prior to the confirmation of the order Customers can consult a survey and calculation chart of these costs at http://www.crucianic.com/en_GB/shipping-cost. The total amount to be paid by the Customer including the aforementioned costs shall always be mentioned on the (web)page at the time of confirmation of the order. Every additional payment on top of the agreed fee shall require the explicit agreement on the part of the Customer and this prior to the confirmation of the order.
6.3. Any other taxes and duties originating between the time of the order and the time of delivery shall be borne in full by the Customer.
6.4. The property transfer in relation to the goods shall only take place following payment in full by the Customer.
Section 7. Orders
7.1. Only orders placed on the Website will be registered. On said Website the Customer can select certain products and quantities. The Customer can select the desired item by clicking the button “Add to cart”, thereby adding the product to “Cart” or “Bag”. Once the Customer has selected the desired items he can click “My bag” and subsequently the button mentioning “Checkout”. Subsequently the Customer sees the web page “Your shopping cart”, where the Customer finds a survey of the chosen items with a price indication and the Customer can, if desired, remove products or adjust quantities. Next, the Customer needs to click “next” and on the next page that appears (s)he needs to make a choice between “Buy as customer” or “Buy as guest”. The Customer may select “Buy as customer” by logging in via a facebook or google-account. To this end (s)he needs to click “Facebook” or “Google” or enter an e-mail address and password and click “Log in”, or create an account first by clicking “Create an account”. Alternatively, the Customer may select “Buy as guest” by clicking “Buy without registering”. If the Customer chooses the latter option, (s)he will access a page to fill out his/her personal and address data. Subsequently, the Customer needs to click “continue” and the Customer will – on condition that all the required fields have been filled out - access the same page as the Customer opting for “Buy as customer”. On this page the Customer needs to fill out and/or adapt the delivery address and subsequently click “Next”. On the next page that appears the Customer needs to choose a method of delivery (indicating the price) and the Customer needs to accept the General Conditions of Sales by clicking the button mentioning “I agree to the General Conditions of Sales and will adhere to them unconditionally”. However, (s)he will be given the opportunity to read and store the General Conditions of Sales using a hyperlink. To this end (s)he needs to click a button mentioning “(Read General Conditions of Sales)” upon which the page with the text of the General Conditions of Sales will appear. Subsequently, the Customer needs to click “Next” and will access – on condition that (s)he has agreed to the General Conditions of Sales – a next page on which (s)he needs to choose the method of payment. On this page the Customer must select either payment using “Paypal” or payment using a “Credit card”. Subsequently, the Customer needs to click “Proceed” and the Customer will receive a survey of the products with mention of the total sum to be paid (including delivery costs), the delivery address and the chosen method of payment. Subsequently, the Customer needs to click “Proceed” to access his/her bank’s page for online transactions (in the event of payment using a credit card) or the Paypal site (in the event of payment using Paypal). The sale will only be concluded following payment using a credit card or Paypal. Until the payment step the Customer can always go back in the purchasing process by clicking “Back” or “Previous” to make possible changes and/or end the purchasing procedure. During the entire purchasing procedure the Customer will see a list of ordered items indicating any and all prices and costs. During the entire purchasing procedure and at the top of the page the Customer can see which phase of the purchasing process (s)he is currently in. If the Customer performs the payment, he will enter a contractual agreement and the order will be considered final (also see section above).
7.2. By means of an e-mail sent by the Seller the Customer shall receive confirmation of the receipt of his/her orders and payments.
7.3. In the event the data base encounters problems with the use of the Website, such as, in particular, attempts of fraud, placing incomplete or incorrect orders, providing clearly erroneous data, non-payment of previous deliveries or refusal on the part of the Customer’s financial institution to approve payments or non-confirmation of the payment via web banking on the part of the institute providing the technical support for such payment transactions, the Seller shall have the right to suspend the order and the subsequent delivery without having to motivate his decision.
7.4. Any modification of the order by the Customer following his/her confirmation shall be subjected to the explicit and written confirmation of the order in question by the Seller. In the event of a request from the Customer to change the order following shipment of the goods only the procedure to revoke orders as described in section 8 below shall apply.
7.5. In the event of the non-availability of ordered items, the Seller shall immediately inform the Customer and offer an alternative product. If the Customer does not agree to said alternative product, the Seller shall refund the Customer within 14 days following receipt of his/her payment.
7.6. [Previous purchases by Customer shall be archived.]
Section 8. Revocation right
8.1. Within a term of 14 days the Customer shall have the right to revoke the agreement and this without having to justify his/her decision or having to bear costs other than those mentioned in sections 5.3. and 5.5.
The term to revoke the agreement shall expire following a period of 14 days in which the Customer or any third party who is not the carrier and was appointed by Customer has actually taken possession of the goods, or in the event the Customer has ordered several products to be delivered separately, the right to revoke the agreement shall expire following the day on which the Customer or a third party who is not the carrier and was appointed by the Customer actually takes possession of the last shipment or last part of the shipment.
8.2. In order to exercise the right to revoke the agreement the Customer shall provide us, being Arnaldo Caprai Gruppo Tessile Srl, with registered office in S.s. Flaminia Km 148, 06034 Foligno (Perugia), Italy, telephone 0039 0742 39251, fax 0039 0742 679242, e-mail [email protected] with an unambiguous statement (such as a written statement sent by regular mail, fax or e-mail) pertaining to his/her decision to revoke the agreement. To this end the Customer may use the model form to revoke the agreement attached as Appendix I, but shall not be obliged to do so. The Seller shall confirm to the Customer the receipt of the decision to revoke the agreement. The Customer may use the model to revoke the agreement or a separate, clearly formulated statement (s)he needs to fill out and send by e-mail using [hyperlink]. If the Customer wishes to make use of this possibility, we shall immediately send to him/her a confirmation of receipt using a durable date carrier (e.g. e-mail).
8.3. If the Customer revokes the agreement, the Seller shall immediately refund the Customer for any payments received from the Customer, including the delivery and/or shipment costs (except for additional costs as a result of the Customer opting for another delivery method than the cheapest standard delivery we offer) and this no later than 14 days following the date on which the Seller was informed of the Customer’s decision to revoke the agreement.
To this end the Seller shall use the same instrument of payment as used by the Customer during the initial transaction, unless the Customer explicitly agrees to another instrument of payment. In any case, no additional costs shall be charged to the Customer for such refunds.
We shall be permitted to put the refund on hold until we have received the goods or the Customer has proven that (s)he has returned the goods, whatever time applies first
8.4. Immediately and in any case within 14 days following the date on which the Customer has informed the Seller of his decision to revoke the agreement the Customer shall return or hand over the goods to the Seller. The items must be sent in the original packaging to the address indicated by the Seller, be in perfect condition and this shipment must include the original invoice. The Customer respects the aforementioned deadline or he returns the goods prior to the expiration date of this 14 day period.
8.5. The direct costs in connection with the return shipment shall be borne by the Customer. These costs vary according to the country of origin. For European countries the following charges shall apply: EUR 23.00 for every 0.5 kg in Austria, Belgium, France, Monaco, Germany, the United Kingdom and Spain; EUR 25.00 for every 0.5 kg in Luxembourg, the Netherlands and Greece; EUR 27.00 for every 0.5 kg in Denmark, Finland, Ireland, Portugal and Sweden; EUR 33.00 for every 0.5kg in Andorra, Gibraltar, Liechtenstein, Switzerland; EUR 53.00 for every 0.5 kg in Bulgaria, Cyprus, Estonia, Latvia, Lithuania, Malta, Poland, Czech Republic, Rumania, Slovakia, Slovenia, Hungary; EUR 60.00 for every 0.5kg in the Canary Islands, the Channel Islands, Guernsey, Iceland, Jersey, the Faroe Islands, EUR 83.00 for every 0.5 kg in Montenegro and EUR 54.00 in Croatia.
The Customer shall be solely accountable for depreciations exceeding the wear and tear necessary to establish the nature, characteristics and operation of the goods.
Section 9. Payment
9.1. The price shall become payable following confirmation of the order by the Customer. Payments can be made by means of a credit card or PayPal. The Seller accepts the following credit cards: VISA, MASTERCARD, Carta Si, Maestro and Visa Electron. If you have an American Express you have to use Paypal.
9.2. The Website is equipped with a security system for online payments guaranteeing the confidentiality of banking data and the safety of the transaction. The security system for credit card transactions is SSL (Secure Socket Layer), please seehttp://www.crucianic.com/en_GB/payment.
Section 10. Delivery
10.1. The goods can be delivered to any place in the world.
10.2. The goods shall be delivered to the address the Customer filled out when going to the steps to order products on the Website and according to the delivery methods stipulated in the General Conditions of Sales.
10.3. Unless another delivery period was agreed, the Seller shall deliver the goods by transferring to the Customer and forthwith the actual possession or control over goods and this no later than 30 days following the conclusion of the agreement (resp. the confirmation of the order by the Customer).
If the Seller has not met his obligation to deliver the goods within the aforementioned period, the Customer shall request the Seller to carry out the delivery within an addition period which seems appropriate given the circumstances. If the Seller does not perform the delivery of the goods within said additional term, the Customer shall have the right to terminate the agreement free of charge, in which case the Seller shall immediately refund any and all payments made by the Customer per the agreement.
10.4. The risk shall be transferred to the Customer as from the time of delivery at the address entered into the order form by the Customer or as from the time of collection of the goods by the Customer at the post office. As from that time the Customer shall bear any and all risks in connection with the loss, theft and (full or partial) destruction of the goods.
Section 11. Guarantee imposed by law – conformity of the goods
11.1. The Seller shall comply with the guarantee imposed by law insofar as the conformity of the goods is concerned. This implies that the Seller shall deliver goods to the Customer which are in conformity with the agreements and that the Seller can be held accountable for any defects established at the time of delivery or which become apparent within two years following delivery.
11.2. The Customer shall inform the Seller in writing of said non-conformity within a two month period as from the date on which the Customer has established the defect. In default of such a non-conformity statement within the aforementioned period, the Customer shall lose his/her right to make claims against the Seller due to non-conformity.
11.3. Within the framework of the guarantee imposed by law the Customer – in the case of non-conformity – shall have the right to claim that the Seller repairs or replaces the item in question free of charge, except if this is impossible or disproportionate, or that the Seller grants a fitting discount. In the event the Customer cannot claim any repair or replacement or the Seller has not proceeded with replacements or repairs within a reasonable period or without great inconvenience for the Customer, the Customer shall have the right to dissolve the agreement except if the non-conformity is minor only.
Section 12. Accountability - disclaimer
12.1. The Seller can never be held accountable for:
The quality, completeness, correctness, suitability, availability or form of the contents or information on the Website or other (external) websites reference is made to using (even permitted) hyperlinks on the Website;
Possible technical failures, disruptions, technical errors, wrongful technical manoeuvres, unpermitted interventions, viruses etc. on the Website;
indirect damage or consequential damage (including but not limited to waste of time, lost opportunity, loss of profit, loss of income, loss of data, emotional damage etc.);
12.2. Our (contractual and extracontractual) accountability shall always be limited to the sum of the order, unless a lower limit is permitted by regulations applicable to the transaction in question.
12.3. No provision in these General Conditions of Sales shall exclude our accountability for fraud, wrongful intent, (equivalent) gross negligence, death or bodily harm.
Section 13. Intellectual property
13.1. The Website’s contents, including but not limited to texts, images, logos, brands, models, charts, video files, sound files, HTML-codes, data bases, designs or any other contents or creations shall be the exclusive intellectual property of the Seller or his licensers and may not be reproduced or communicated to the public at large without the explicit, written and prior permission from the Seller or his licensers.
13.2. No provision in these General Conditions of Sales may be interpreted as a transfer or licensing of intellectual property in connection with the goods to the Customer.
Section 14. Complaints.
14.1. The Seller shall have a sufficiently publicized complaints procedure and shall process complaints accordingly.
14.2. Any and all complaints shall be made within 3 months as from the delivery of the goods, in default of which the complaint shall not be admissible.
Section 15. Applicable law – competent courts
Any dispute concerning the interpretation or application of these General Conditions of Sales or as a result of whatever use of the Website shall be governed by Italian law only. This rule shall apply without compromising the protection consumers have on the basis of the provisions agreements cannot deviate from insofar as the (applicable) law that applies according to section 6, 1st paragraph of the Regulation (EC) nr. 593/2008 is concerned.
The courts of Perugia (Italy) shall be the competent courts. Legal claims any given consumer has against the Seller may be initiated either before the courts of the member state in which the Seller has his place of domicile or before the courts of the member state in which the consumer in question has his place of domicile. Legal claims the Seller has against any given consumer may only be initiated before the courts of the member state in which the consumer in question has his place of domicile.
Section 16. Privacy statement
16.1. We take care of the Customer’s privacy and always act according to the provisions of the applicable rules on privacy.
16.2. Given that the Customer uses the Website and/or communicates his/her personal data, the Customer shall explicitly agree to the manner in which we collect and process personal data, as described below.
The Website collects the Customer’s name, first name, address (and – in the event the Customer enters another address – the delivery address), e-mail address (and – in the event the Customer enters his/her number – telephone number), and - in the event the Customer also completes the registration process – date of birth the Customer communicated when filling out the contact form, placing an order/orders on the Website, completing the registration process or subscribing to the newsletter.
We are responsible for processing personal data and will ensure the confidential and safe storage and processing of these data.
In addition and whenever the Customer visits the Website, we will store his/her IP-address, browser and operating system, the external website which has transferred the Customer to the Website, the pages the Customer visited on the Website and the date and time of every page visited by the Customer. [possibly to be complemented]. This information shall only be collected for statistical purposes and to improve the Website.
We shall only use the data to supply the requested information, to send the respective newsletters and to carry out orders.
16.3. Once the Customer has placed an order, we shall be permitted – insofar as the Customer has explicitly accepted this – to use the Customer’s e-mail address to send commercial information about our goods and services to him or her. If the Customer does not wish to receive newsletters or information about our goods and services, he shall be permitted to deregister at any time by sending us an e-mail (see our contact data in section 17 below).
16.4. [The data might be passed on to our [partners].] In addition, we shall have the right to provide the competent authorities with your data but only at their explicit request.
We might also process these data in a country outside the European Economic Area (EEA).
16.5. The Customer’s personal data shall be stored no longer than [five (5)] years following registration by the Customer.
16.6. Bank details in connection with the payment of orders shall only be collected and used by PayPal. We shall never have access to these data. However, in the event of a refund, the Customer might be required to provide some of the aforementioned data.
16.7. The Website uses two kinds of so-called “cookies” (cookies are small pieces of data stored by the browser in the Customer’s computer). A first type is only temporary and will be erased as soon the Customer closes the browser. These cookies shall only be used to permit the Customer to navigate the Website. A second type shall be used by […] to draw up statistics pertaining to the number of visits to the Website. These cookies shall be managed by […] as described below in the [hyperlink]. The Customer shall have the possibility to block cookies using the browser settings. However, it might be occur that the Website no longer works properly.
16.8. The Customer shall have the right to inquire – free of charge – about which personal data we have and, if necessary, have these data corrected free of charge. The Customer shall be permitted to exercise this right by contacting us using the contact data mentioned in section 17 below, on condition that the Customer identifies himself in a sufficient manner. In addition, the Customer shall have the right to oppose the planned processing of this personal data if the processing takes place for direct marketing purposes. To this end, the Customer shall be required to file a request.
Section 17. Contact data
For more information, remarks or complaints the Customer may contact us using the contact data below:
Address: S.s. Flaminia Km 148, 06034 Foligno (Perugia), Italy
E-mail address: [email protected]
Telephone number: 0039 0742 39251
Fax number: 0039 0742 679242