1.1 The terms and expressions listed hereunder shall have the meaning indicated below, being understood that terms defined in the singular form are to be considered defined even in the plural form and viceversa:
- Carioca: means Carioca S.p.A with registered office at Settimo Torinese (10036 – TO), via Verga 40-ter, tax registration number and VAT number 11133510013, SDI SN4CSRI.
- Consumer: means any natural person who is acting for purposes which are outside their trade, business, craft or profession;
- Customer: means any individual (natural person or legal person) purchasing one or more Products in the Online Store, accepting the General Terms and Conditions.
- General Terms and Conditions: mean these general terms and conditions of sale and any future versions that may be published on the Online Store by Carioca.
- Online Store: means the virtual store, managed by Carioca and accessible via the URL www.carioca.com, through which it is possible to purchase the Products.
- Order Confirmation: means the e-mail by means of which Carioca communicates to the Customers the acceptance of any Orders.
- Orders: mean the purchase orders of the Products placed by the Customers, in compliance with the General Terms and Conditions and following the procedure set out under art. 6.
- Parties: means, jointly, Carioca and the Customers.
- Price: means the price of sale of the Products as indicated in the Online Store.
- Products: mean the products sold through the Online Store.
- Profile: means the area of the Online Store where Customers can, after authentication: (i) review and modify their personal data and addresses where the ordered Products must be shipped and delivered; (ii) view previous Orders; and (iii) access any other specific functions relating to their activity in the Online Store.
- Sale and Purchase Agreements: mean the agreements for the sale and purchase of the Products executed, pursuant to art. 3, between Carioca and the Customers through the Online Store.
- Trader: means any natural or legal person who is acting for purposes relating to their trade, business, craft or profession.
The General Terms and Conditions apply to all the Sale and Purchase Agreements and form an essential part thereof.
Carioca reserves the right to modify the General Terms and Conditions at any time, being understood that any such modification shall not be retroactive and that the version of the General Terms and Conditions to be applied to the Sale and Purchase Agreements shall be the one accepted by the Customers at the time the Orders are placed.
The Online Store is dedicated to retail sales and therefore to the purchase by Consumers. In case of Sale and Purchase Agreement entered into between Carioca and a Trader, these General Terms and Conditions shall apply but, by way of derogation to the same:
- the Trader shall not be granted with the right of withdrawal pursuant to article 9;
- the Trader shall not benefit from the warranty for defective products pursuant to article 10 which is reserved to the Consumers;
- the Trader shall not be granted with any other right or protection provided for in these General Terms and Conditions in favour of the Consumers, which arise from mandatory provisions of law;
- the Sale and Purchase Agreements shall be exclusively governed by the Italian law.
In order to make a purchase through the Online Store, the Customer shall have reached the legal age and have the ability act, which the Customer declare to own by delivering an Order.
3. Execution of the Sale and Purchase Agreements
Carioca undertakes to send to Customers the Order Confirmation within 2 (two) days from receipt of the Orders.
The Sale and Purchase Agreements are deemed to enter into between the Parties when Customers receive the Order Confirmation. Should the Customers not receive the Order Confirmation within the term indicated under art. 3.1, the relevant Order shall be deemed to be rejected by Carioca and, therefore, not effective.
With the Order Confirmation, the Customers will receive a copy of these General Terms and Conditions, a summary of the Order along with specific indication of the Price, the shipping costs and the relevant taxes and a description of the ordered Products.
By placing the Orders, Customers declare to have read all the instructions which refer to the methods of purchase of the Products pursuant to art. 6 and declare to have fully accepted the General Terms and Conditions, as well as to have read all the additional information available on the Online Store, including the information accessible through links.
4. Availability of the Products
4.1 For each Product published in the Online Store, Carioca indicates whether the Product:
- is available in stock;
- is no longer available at its warehouses.
4.2 The type of Products published on the Online Store and their availability may vary at any time without implying any liability for Carioca towards its Customers.
4.3 The information about the availability of the Products is not binding, provided that where Products are indicated as "not available" pursuant to art. 4.1.(ii), they cannot be ordered by Customers. Should a Product, indicated as available at the time the Customer placed the Orders, no longer be available, Carioca undertakes to inform such Customer via email on the expected time when the order Product is expected to be available again. Notwithstanding the Consumer’s right of withdrawal provided under art. 9, the Customer is entitled to withdraw from the Order and, in such case, Carioca undertakes to promptly refund the Customer.
4.4 In case of Products marked as “not available”, the Customers can request Carioca to be informed via email in if the relevant Products becomes available again.
5. Price and shipping costs / Taxes and duties
5.1 The Price is indicated in € (Euros). The applicable Price is the one published in the Online Store at the time Customers placed the relevant Order.
5.2 Without prejudice to the above paragraph, Carioca may refuse an Order Confirmation if the Order contains an incorrect Price. If during the selection process of the Products, the Customer finds that the Price of one or more Products is clearly lower than the one normally applied, net of any discounts or promotions in force, the Customer is requested not to send the Order and report it to Carioca.
5.3 The Price does not include shipping costs. Carioca reserves the right to request Customers to bear the shipping costs which may vary depending on the type of delivery, the quantity of Products to be delivered, and their volume, weight and destination.
5.4 The contribution for the shipping costs to be borne by the Customers is indicated, severally from the Price, before Customers place the Order and shall be paid by Customers jointly - and at the same time – with the Price, according to art. 7.
5.5 Any possible taxes, levies, duties and other charges provided for by the laws of the States where the Products are shipped to and delivered shall be borne entirely by the Customers, and shall be paid by the Customers upon delivery of the Products directly to the relevant tax or customs authorities or to the courier in charge of the delivery.
6. Placement of the Orders
6.1 In order to proceed with the dispatch of the Orders, Customers shall register on the Online Store by entering all the mandatory data and choosing a password which is requested to send the Orders and to access their own Profile.
6.2 In case the Customers are not willing to register on the Online Store, they can place the Orders by entering all the information which is necessary to execute the Sale and Purchase Agreement and to execute the delivery of the Products, but not Profile will be created.
6.3 Customers may purchase the Products by selecting the Product in the designated section of the Online Store and adding them to the “cart”. If the Customers wish to purchase more than one Product, the procedure above shall be repeated by clicking on "add other products". Once the Products have been chosen, Customers must, if they have not already done it, log in to the Online Store by inserting their e-mail address and password in the relevant sections and by clicking on "go to the checkout", as provided under art. 6.1. Once the data relating to the selected Product(s) and the "delivery information" is verified, Customers must select a payment method, among those provided for by art. 7. Once the payment method has been selected, Customers may proceed to place the Orders by clicking on "send".
7. Methods of Payment
7.1 Customers may pay the Price and the shipping costs referred to under art. 5 by means of credit card, PayPal or any other means of payment that may be indicated by Carioca on the Online Store. Carioca reserves the right to amend at any time the payment methods available to the Customers, provided that the methods of payment made available to Customers are those published on the Online Store at the time Customers place the relevant Orders.
7.2 In case of payment by credit card, Customers will be charged with the Price and with the shipping costs as indicated under art. 5, once the credit card data is verified and the authorization from the credit card issuer is received, upon issuance of the Order Confirmation. The credit card data entered during the ordering procedure is protected and is transmitted directly to the bank in charge of the payment. Payment occurs on a safe server, with an SSL key to ensure the total safety of the transaction. The credit card data is not accessible by Carioca or third parties, neither at the time the Orders are placed nor at later stages.
7.4 If requested by Customers at the time of placing the Orders, Carioca shall send an invoice to the Customers. For the issuance of the invoices, the information provided by the Customers shall be deemed to be truthful and correct. No amendment to the invoices shall be possible after the relevant invoice has been issued by Carioca.
7.5 Carioca will use the information received pursuant to art. 7 exclusively for completing all relevant procedures related to the sale of the Products and for the potential refund procedures in case of the right of withdrawal of the Customers is excursed pursuant to art 9.
8. Shipping and delivery of the Products
8.1 Being understood that "shipment" of the Products by Carioca means the delivery of the same to the couriers selected from time to time pursuant to art. 8.2, Carioca is not bound to ship the Products until the payment of the Price is received; once the payment of the Price has been received, Carioca undertakes to ship the Products:
- if the Products are available (as under art. 4):
- within 3 working days from receipt of the communication authorizing the charge of the Price pursuant to art. 7.2 (in case of payment by credit card);
- within 3 working days from the time the confirmation of the payment is made available to Carioca (in case of payment by methods different than credit card);
- should one or more Products become unavailable (pursuant to art. 4.3), within 3 working days from the time such Product(s) are once again available at Carioca’s warehouses, notwithstanding Customers’ right to withdraw from the Order pursuant to art. 4.3;
- in case the availability of one or more Products has not been indicated (pursuant to art. 4.5) and such Products are available at Carioca’s warehouse at the time of dispatch of the Order by Costumers:
- within 3 working days from receipt of the communication authorizing the charge of the Price pursuant to art. 7.2 (in case of payment by credit card);
- within 3 working days from the time the confirmation of the payment is made available to Carioca (in case of payment by methods different than credit card).
8.2 Carioca guarantees the shipment of the Products, to the countries indicated in the Online Store, by express courier selected from time to time depending on the Product object of the Order and on the country of destination. The Products are shipped by Carioca, and delivered by the courier selected by Carioca, to the address indicated by the Customers at the time of registration under art. 6.1, or to the different address indicated in the Order.
8.3 Carioca undertakes to use its best efforts to ensure that the Products shipped pursuant to articles 8.1 and 8.2 are handed over to the couriers in the shortest time.
8.4 The delivery terms which may be shown by Carioca on the Online Store are indicative. Carioca shall make its best endeavours to meet the delivery terms indicated in the Online Store and, in any case, Carioca undertakes to deliver the Products within 30 (thirty) days from the execution date of the Sale and Purchase Agreements.
8.5 In order to allow Customers to monitor their Orders, Carioca will issue an Order number which, once entered into the section "My orders” - accessible from all the pages of the Online Store - allows to verify the information related to each Order.
8.6 The Customers may also check the progress of the Orders by using the "Order Tracking” function provided by the courier selected by Carioca. Such service is made available to the Customers upon shipment of the Products by using the tracking data communicated by Carioca via e-mail or made available through the Profile.
8.7 The Customers, or other parties authorized by the Customers who will be at the address indicated in the Order Confirmation at the time of delivery of the Products, are required to ascertain that:
- the Products correspond to the content of the courier's transport documents (Documento di trasporto) as regards to both quantity and type;
- the packaging of the Products is intact, undamaged, not wet or otherwise altered, including the securing materials.
8.8 Any damage to the parcel / packaging of the Products must be immediately claimed by the Customers by stating a written “subject to control notice” on the courier’s confirmation of delivery.
8.9 Before making the Order, the Customer may decide to pick up the Products at the plant of Carioca indicated therein. In this case, the Customer will be informed by e-mail when the Products are ready for collection, without prejudice to the term of 30 (thirty) days referred to in art. 8.4 above. The Customer may collect the Products in person, showing the Order Confirmation and an identity document, or through a third party with a written proxy, a copy of the Order Confirmation and an identity document.
9. Right of withdrawal
9.1 The Consumers have the right to withdraw from a Sale and Purchase Agreement without any reason within 14 days. The withdrawal term expires after 14 days from the day when the Consumer – or another individual designated by the Consumer, not in the person of the courier – acquires physical possession of the last Product among those which refer to the relevant Order. In case of a Sale and Purchase Agreement related to several goods which are delivered separately, the above 14 days term starts from the day when the Consumer – or another individual designated by the Consumer, not in the person of the courier – acquires physical possession of the last Product among those which refer to the relevant Order.
9.2 In order to exercise the right of withdrawal, the Consumer shall inform Carioca (address via Verga 40-ter, Settimo Torinese (TO); email: email@example.com) about its intention by means of any explicit declaration (for instance, letter sent by post, fax or e-mail). In this sense, it is possible, although not mandatory, to use the standard form available below.
9.3 If the Consumer does not want to use the standard form of withdrawal provided below, they must provide Carioca with any unequivocal statement setting out of their decision to withdraw from the Sale and Purchase Agreement. The Consumer may also send by digital means the standard form of withdrawal or any different explicit declaration via the Online Store. In this sense, Carioca will confirm safe receipt of the withdrawal without delay through durable means (for example via e-mail).
9.4 In order to meet the above mentioned term, the Consumer is requested to send their communication concerning the intention to exercise the right of withdrawal before the expiration of the relevant term.
9.5 Following the withdrawal from the Sale and Purchase Agreement, Carioca will reimburse all payments received by the Consumer, including the shipping costs (with the exception of any supplementary costs if the Consumer has expressly opted for a type of delivery other than the least expensive type of standard delivery offered by Carioca), without undue delay and in any case not later than 14 days from the date when Carioca has been informed by the Consumer about the latter’s intention to withdraw. Any such refunds will be made through the same mean of payment used by the Consumer for the payment to Carioca, unless otherwise stated among the Parties; in any case, the Consumer will not incur any fees as a result of such reimbursement. Carioca is entitled to withhold the reimbursement until Carioca has received the Products back, or until the Consumer has supplied evidence of having sent back the Products, whichever is the earliest.
9.6 The Consumer shall return the Products to Crioca S.p.A., via Verga 40-ter, Settimo Torinese (TO), Italy, without undue delay and in any case within 14 days from the day they have communicated their decision to withdraw from the Sale and Purchase Agreement. Such deadline shall be met if the Consumer sends back the Products before the expiration of the 14-day term.
9.7 Costs relating to the return of the Products will be on Consumers. Consumers shall only be liable for every reduction in the value of the Products resulting from the handling of the Products other than what is necessary to establish the nature, characteristics and functionalities of the Products.
9.8 Standard form of withdrawal (fill this form only to withdraw from the agreement):
- To: Carioca S.p.A., via Verga 40-ter, Settimo Torinese (TO); e-mail: firstname.lastname@example.org;
- I / we hereby give notice that I / we withdraw from the contract of sale concerning the following good(s) / service(s) (*)
- Ordered on (*)/ Received on (*);
- Name of the consumer(s);
- ddress of the consumer(s);
- Signature of the consumer(s) (only if this form is notified on paper);
(*) delete where not applicable
10. Warranties / Defective Products
10.1 Carioca warrants to the Consumers that the Products will have no lack of conformities at the time of delivery and which arise within the following 2 (two) years, and therefore they will comply with the:
- subjective conformity requirements (correspondence to description, type, quantity and quality; possession of functionality and characteristics; suitability for the uses requested by the Consumer and accepted by Carioca; supply of accessories and instructions; as indicated in the Sale and Purchase Agreement); and
- objective conformity requirements (be fit for purposes for which goods of the same type of the Products are normally used; delivery of accessories, packaging and instructions that the Consumer can reasonably expect to receive; quantity and quality ordinarily present in goods of the same type as the Products and that the Consumer can reasonably expect, taking into account the nature of the Product and what is declared by Carioca);
referred to in the Sale and Purchase Agreement.
The application of any guarantee is excluded in the event of use or storage of the Products that does not comply with the instructions and warnings delivered to the Consumer.
10.2 The statute of limitation for any proceedings aimed at asserting lacks of conformity not wilfully concealed by Carioca is equal to 26 (twenty-six) months from the delivery of the Product. However, the Consumer who is summoned by Carioca for the execution of the Sale and Purchase Agreement can always enforce their rights under this article 10.
10.3 Unless proven otherwise, any lack of conformity that becomes apparent within 1 (one) year from delivery of the Product shall be presumed to have existed on that date, unless such a presumption is incompatible with the nature of the Product or the lack of conformity.
10.4 If the Product presents conformity defects, the Consume shall be entitled to have the conformity of the Product restored, or to receive a proportional reduction in the Price, or to have the Sale and Purchase Agreement terminated as indicated below.
10.5 For the purpose of bringing the Product into conformity, the Consumer shall be entitled to choose between repair and replacement, provided that the remedy chosen is not impossible or, compared to the alternative remedy, does not impose disproportionate costs on Carioca, taking into account all the circumstances (including the value that the Product would have had in the absence of a lack of conformity, the extent of the lack of conformity and the possibility to pursue the alternative remedy without significant inconveniences for the Consumer). Carioca shall be entitled to refuse to bring the Products back into conformity if repair or replacement is impossible or if the costs it would incur are disproportionate, taking into account all the circumstances.
10.6 The repair or replacement shall be carried out at no expense for the Consumer, within a reasonable period of time since Carioca was informed by the Consumer of the lack of conformity and without significant inconvenience for the Consumer, taking into account the nature of the Product and the purpose for which the Consumer purchased the Products. If the lack of conformity must be remedied by repair or replacement of the Products, the Consumer shall make them available to Carioca and Carioca shall take back the replaced goods at its own expense. The Consumer shall not be required to pay for the normal use of the replaced Products in the period preceding the replacement.
10.7 The Consumer shall be entitled to a proportionate reduction of the Price or to the termination of the Sale and Purchase Agreement in the event that:
- Carioca has not carried out the reparation or replacement, where possible, or has refused to bring the Products into conformity;
- a lack of conformity appears despite Carioca's attempt to restore the conformity of the Products;
- the lack of conformity is so serious as to justify the immediate reduction of the Price or the termination of the Sale and Purchase Agreement;
- Carioca has declared, or it is clear from the circumstances, that Carioca will not proceed to restore the conformity of the Products within a reasonable period of time and without significant inconveniences to the Consumer.
It is understood that the Consumer-Client shall not be entitled to terminate the Sale and Purchase Contract if the lack of conformity is a minor one, as proven by Carioca.
10.8 The reduction of the Price shall be proportionate to the decrease in value of the Product received by the Consumer compared to the value it would have had if it was in conformity.
10.9 If the lack of conformity concerns only some of the Products delivered under the Sale and Purchase Agreement and there is a cause for termination of the Sale and Purchase Agreement, the Consumer may terminate the Sale and Purchase Agreement limited to the non-conforming Products and to the Products purchased together with the non-conforming Products, if it is not reasonably foreseeable that the Consumer has an interest in keeping the non-defective Products at its disposal. If the Consumer terminates the Sale and Purchase Agreement in whole or in respect of some of the Products, the Consumer shall return the Products to Carioca at the latter's expense and Carioca shall reimburse the Price paid for the Products upon receipt of the Products or of the evidence provided by the Consumer of the fact that the Products have been returned or shipped.
10.10 The Consumer may refuse to pay any part of the Price of the Sale and Purchase Agreement within which the remedies under this article 10 are exercised, until Carioca has fulfilled its obligations under this article 10, without prejudice to any applicable provisions of law concerning the non-performance exception and the liability concurrence of the Consumer.
10.11 Any restitution of money in favour of the Consumer arising from the application of this article 10 shall be made by the same means of payment used for the Order.
10.12 The remedies provided for in favour of the Consumer in this article 10 also extend to any cases of impediment or limitation of use of the Products that result from a restriction deriving from the infringement of third party rights, in particular intellectual property rights, without prejudice to any other remedies provided for by the applicable law.
10.13 For the sake of clarity, it is understood that a Customer who is not a Consumer shall not be entitled to avail himself of the remedies under this article 10 but may avail himself of any other remedies provided for by the applicable law.
12. Errors and / or inaccuracies in the Online Store
12.1 Carioca undertakes to constantly check the Online Store in order to prevent the creation of errors or inaccuracies. However, the Online Store may at any time contain errors, inaccuracies or oversights.
12.2 Therefore, Carioca has the right to amend any potential errors, inaccuracies or oversights which the Online Store may contain, including after the placement of an Order, as well as the right to modify or update the information without any prior notice to the Customers.
13. Intellectual Property
13.1 All intellectual property rights connected to the Online Store (including the relevant contents) are the exclusive property of Carioca. The Online Store and its contents shall not be reproduced partially nor entirely, transferred by electronic or conventional means, modified, linked or used in any way without the prior written consent of Carioca.
14. Applicable law and disputes
14.1 The General Terms and Conditions and the Sale and Purchase Agreements are governed by the Italian law, without prejudice to the rights attributed to Consumers by mandatory legal provisions in force in their country of residence.
14.2 In the event of a dispute between Carioca and a Consumer, Carioca guarantees its participation to an attempt of conciliation that the Consumer can promote before RisolviOnline, an independent and institutional service provided by the Arbitration Chamber of the Chamber of Commerce of Milan. For further information on the RisolviOnline regulations or to send a request for conciliation go to www.risolvionline.com.
14.3 As an alternative to the attempt at conciliation referred to in art. 14.2 above, the Consumer also has the right to access the European Online Dispute Resolution platform. For further information on the European ODR Platform or to initiate, through the latter, an alternative dispute resolution procedure for a dispute relating to this contract, access the following link: http://ec.europa.eu/odr and use Carioca's email address email@example.com.
14.4 Any legal disputes shall be referred to the courts of the place of residence or domicile of the Consumer.