TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern the sales of products offered on the site www.cupidodesign.com and regulate their use. The Seller reserves the right to modify the Terms and Conditions of sale and the Privacy Policy at any time, for example in response to legislative, regulatory changes or changes to the functionality of the Site. Such changes will be communicated to Users through a notice on the Site, remaining visible for 10 (ten) days from the date of publication of the change.
The online shop on this Site is managed through the e-commerce platform provided by Shopify Inc., which allows the sale of the Seller's products. It is important to underline that the online sale of products is subject to the provisions of the Consumer Code (Legislative Decree no. 206/2005) and the Electronic Commerce Code (Legislative Decree no. 70/2003). Below are the Terms and Conditions of sale, which apply to all Products sold on the Site."
ART. 1 DEFINITIONS
For the purposes of this contract, it means:
Seller: Excelsior Group SRL VAT number IT16965661008, with headquarters in Via Marconi 45 CAP 17021, Alassio (SV), e-mail: info@cupidodesign.com,
Terms and conditions or Contract: the set of these contractual clauses that determine and define the relationships between the Seller and the Customer.
Platform or Site: the Site www.cupidodesign.com
Users: any person who accesses the Site and continues browsing
Customer: any person who purchases the products sold through the Site.
Consumer: the natural person who acts for purposes unrelated to a professional or entrepreneurial activity.
Professional : the natural or legal person who acts in the exercise of his entrepreneurial and commercial activity and who purchases with a VAT number.
Products: sale, under the Electronic Commerce regime, mainly of canvases, furnishing accessories and similar.
Purchase order or Order: the purchase proposal made by the User through the Site procedures and in particular through the Cart.
Purchase: the onerous purchase of the above products from the day the purchase is concluded.
Cart: the phase of the purchase procedure in which the User formulates his purchase proposal, selecting the methods of payment, delivery of the goods and similar.
ART. 2 OBJECT
These Terms and Conditions of sale apply to the products detailed in article 3 below and are valid for any contractual relationship between the Seller and the Users of the Site, whether they act as Consumers, as defined by current legislation, or who act as Professionals.
If one or more provisions of these Terms and Conditions are found to be void, ineffective or unenforceable, such nullity, ineffectiveness or unenforceability will not affect the validity and enforceability of the remaining clauses. In such circumstances, the parties undertake to replace the void, ineffective or unenforceable clause with a valid and effective clause which has, as far as possible, the same effect as the original clause.
ART. 3 DESCRIPTION OF PRODUCTS
This Site is dedicated to retail sales, operating in the Electronic Commerce regime. The offer mainly includes Canvas, customizable Canvas with frames of various colors, furnishing items and similar products. Each product offered is carefully described and illustrated in the respective sections of the Site.
The images of the products published on the Site are intended to provide a representation as faithful as possible of the items offered. However, it is important to underline that slight discrepancies or differences may occur between the graphic or photographic representations of the products and their actual appearance. Therefore, the photographs and graphic representations of the products on the Site have a purely demonstrative and symbolic value and do not constitute a contractual element.
Regarding the customization of Canvas with frames, it is highlighted that this customization involves the choice of a frame of a specific color to apply to the canvas. Once this customization has been carried out, the product can no longer be modified, nor will it be subject to the right of withdrawal, due to its tailor-made and personalized nature. Users are therefore invited to carefully consider their customization choices before proceeding with the purchase.
In line with the peculiarities of Electronic Commerce, the User is informed that any discrepancies between the representations of the Products on the Site and the Products actually delivered can be contested only if they are substantial and significantly affect the characteristics or functionality of the product.
ART. 4 PRICES AND ANCILLARY COSTS
The prices of the Products are displayed in euros. In particular, the following will be shown in detail in the cart:
- the price of the Product;
- delivery costs.
The Seller undertakes to constantly verify that all prices indicated on the Site are correct, without however guaranteeing the absence of errors. In the event that an error is found in the price of a product, the seller will allow the Customer the possibility of purchasing the product at the correct price or canceling the order. The prices of the online shop may vary. In such cases, the prices published at the time of the Order on the online store are considered. The seller reserves the right to implement particular sales conditions or promotions on the Products present on its site also in compliance with the provisions of the art. 17 bis of the Consumer Code. The conditions applied to promotions will be regulated from time to time by the Seller through specific written communications published on the site. In the event of an IT, manual, technical or error of any other nature which could lead to a substantial change, not foreseen by the Seller, in the public sale price, which makes it exorbitant or clearly negligible, the purchase order will be considered invalid and canceled and the amount paid by the Customer will be refunded within 14 days from the day of cancellation, upon communication to the Customer. The Seller reserves the right to verify and evaluate the correctness and good faith of the customer, especially in the case of use of promotions or discount coupons. If the Customer's behavior is found to be unlawful and incorrect, the Seller will promptly notify it and proceed with the cancellation of the purchase order.
ART. 5 REGISTRATION
In order to be able to make purchases on the Site, the User can register and enter their personal data. The User who wishes to register on the Site must provide all the requested data and is responsible for their truthfulness and correctness.
In the case of registration, when entering the data the User guarantees to:
- be of age and legally capable;
- meet the registration requirements requested at the time of registration;
- observe all legal and contractual regulations applicable to these Terms and Conditions;
- be the legitimate owner of the data entered, to be considered true, correct and updated.
Registration coincides with opening an account.
Upon registration, the User will be asked to provide name, email and a password. The e-mail address provided during registration allows the Seller to notify the User of all messages relating to the Services, Products and the Site in general. It is forbidden to use temporary emails for registration. In cases of abuse, the Seller reserves the right not to accept the registration, to revoke it, as well as to report it to the competent authorities for intervention. All data transmitted will be treated with the utmost respect for the legislation on the protection of privacy. The Seller will use them to complete orders and only if explicit consent is expressed in this regard, the data may also be processed for the purpose of providing information on its initiatives, such as news or promotional discounts.
ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The User will be able to purchase all the Products offered for sale on the Site, as described in the relevant information sheets, by following the purchase procedures provided on the Site itself. When purchasing the Products, the Customer must follow all the instructions contained in the specific page of the Site. To purchase the Products, the Customer must complete and send the Purchase Order form in electronic format to the Seller, following all the instructions instructions contained on the specific page of the Site. You will find a summary of the main commercial conditions, including the price, means of payment and delivery methods, as well as information on the main characteristics of the Products ordered and a reference to the Terms and Conditions. The Customer must place the Product he wishes to purchase in the appropriate "Cart" and, after having read the Terms and Conditions, with particular reference to the contribution for delivery costs, the methods of exercising the right of withdrawal, and the Privacy Policy , you will need to select the desired payment method and proceed with the payment. The applicable Terms and Conditions are those in force at the time of the Order and available on the Site. The contract stipulated between the Seller and the Customer must be considered concluded with the acceptance of the Order by the Seller. Acceptance of the Order will be communicated by the Seller to the Customer via an email, sent to the email address provided. The Seller reserves the right to evaluate the acceptance of orders received and may refuse or in any case not process purchase orders that are incomplete or incorrect, or in the event of unavailability of the Products or which involve the delivery of the Products ordered in some disadvantaged geographical areas.
Orders can be canceled up to a maximum of 24/48 hours as they are immediately sent to the production phase since there is no warehouse.
The Seller will inform the Customer of any impossibility to accept the orders received in the shortest possible time starting from the moment in which the Customer sent the Order and will refund any sums already paid by the Customer for the payment of the Products. Any right of the Customer to compensation for damages or compensation is excluded, as well as any contractual or non-contractual liability for direct or indirect damage to people and/or things, caused by the non-acceptance, even partial, of an Order by the Seller.
ART. 7 PAYMENT METHODS
The payment methods available on the Site are as follows:
1) PayPal
If the Customer chooses to pay via the PayPal platform, at the time of payment his browser will be directed to a secure server page with SSL encryption by entering his username and password or creating a new account easily and immediately. PayPal protects buyer information as no financial information is passed on. For each transaction carried out using this method, a confirmation email will be sent by PayPal. The order amount is debited from your PayPal account when the order is placed. In case of cancellation, the amount will be refunded to the Customer's PayPal account.
2) Mark
The Customer can pay for their Order by cash on delivery directly to the courier when the purchased Product is delivered. This payment method includes an additional cost that will be indicated by the Seller. Upon delivery of the Product, the Customer will pay the total amount of the Order directly to the courier in cash.
3) Clarify
The Customer can pay for their Order via the Klarna platform which allows you to divide the amount into 3 instalments, interest-free and with a monthly maturity.
4) Scalapay
The Customer can pay for their Order by opening an account and using the credit card on the Scalapay platform which allows you to divide the amount into 3 or 4 instalments, without interest and with a monthly maturity.
ART. 8 PRODUCT SHIPPING AND DELIVERY TIMES
All orders are processed and delivered on weekdays (Monday-Friday, excluding holidays). Orders placed on Saturday and Sunday will not be processed until the following Monday.
For each order placed on the Site, the Seller issues a receipt for the goods shipped. For issuing the receipt, the information provided by the Customer at the time of the order is valid. No changes to the receipt will be possible after it has been issued.
Order processing times are approximately 6/8 days. The Seller is not responsible for unforeseeable delays, it being understood that, except in cases of force majeure, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day following the day on which the Customer sent the order unless the Seller informs the Customer within the same period of the unavailability, even temporarily, of the products ordered.
In case of unavailability of the product, the amount already paid by the Customer will be refunded within 14 days of the aforementioned communication. For each order placed on the Site, the Seller issues a receipt for the goods shipped. For issuing the receipt, the information provided by the Customer at the time of the order is valid. No changes to the receipt will be possible after it has been issued.
The Seller will deliver the purchased Products by specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. Products shipped to Italy are approximately delivered within 3-5 working days and within 7 working days in remote areas and islands. Products shipped within the European Union are delivered approximately within 5-8 working days of shipment. The delivery terms indicated above are purely indicative and non-essential. Any variation to the above will be promptly communicated via e-mail to the Customer.
No compensation can be requested from the Seller in the event of damage due to delay and/or interruption, and/or total or partial suspension of deliveries not dependent on the Seller's own actions and fault. This also applies to cases of delays, interruptions or suspensions due to causes such as, but not limited to, work interruptions, trade union unrest, delays attributable to suppliers, energy deficiencies, suspension of transport.
When the package is shipped, the tracking number will be sent via e-mail which will allow you to follow the entire shipment route by going to the carrier's website. At the time of delivery, the Customer acknowledges and accepts that a person expressly delegated by him must be present or must be present, exempting the seller from any liability. The Customer acknowledges and accepts that he will not be able to refuse the package in any way at the time of delivery and, if in the presence of non-personalized products, he will be able to exercise the right of withdrawal as required by law. At the time of delivery, the Customer is required to check that the number of packages delivered corresponds to what is indicated in the transport document and that the packaging is intact, not damaged, wet or otherwise altered, including the closing materials. In the event that a product arrives that has been damaged during transport or is different from the one ordered, the Customer must sign the goods receipt document presented by the courier, if possible inserting the words "ACCEPTED WITH RESERVATION BECAUSE DAMAGED". This will make it easier and quicker to obtain any reimbursement for damage attributable to transport. Furthermore, the Customer must photograph the package and the goods, in order to demonstrate any damage. The Customer may request the Seller via email info@cupidodesign.com replacement and the Seller will send the correct product back and collect the product to be replaced from the Customer's home at his expense. The Customer will only have to prepare the goods for collection carefully packaged and complete with all its parts, including transport documents. In any case, you will be contacted as soon as possible by the Seller to be informed about the product replacement times.
In consideration of the place of delivery of the goods, the Products purchased may be subject to import taxes and/or customs duties, the amount of which may vary depending on the country of destination. It is therefore not possible to predict in any way whether and what costs would be incurred for customs clearance of the purchased goods. Consequently, any costs relating to import taxes and/or customs duties will be the sole responsibility of the Customer.
In the case of export of goods to countries outside the EU, the relevant customs duties are borne by the Customer. The customs duties due vary depending on the country of destination. The Customer has the obligation to inform himself about the relevant regulatory provisions and the related responsibility rests on him. Customs duties are not considered shipping costs and therefore burden the Customer.
ART. 9 SHIPPING INSURANCE CLAUSE
To guarantee further protection for the products purchased, the Seller offers customers the possibility of taking out shipping insurance. This insurance is intended to cover any damage or loss (including theft) that may occur during transport of the products from our warehouse to the indicated delivery location.
The insurance covers all risks of damage, loss or theft of the product during transport. The cost of insurance is standard for every order, regardless of the size or value of the product. The price of the insurance will be clearly indicated during the purchasing process.
The Customer can choose to subscribe to the insurance when purchasing the product. The decision to subscribe to the insurance is optional and the Customer is free to complete the purchase even without opting for this additional coverage.
In the event of damage, loss or theft of the product during transport, the Customer is required to contact us within 24/48 hours (excluding Sundays) following the procedures indicated on our website. The Customer must provide all the necessary details and, if requested, documentation to support the claim.
If the claim is accepted, the Customer will be entitled to a refund or replacement of the damaged, lost or stolen product, in accordance with the terms of the insurance.
ART. 10 RIGHT OF WITHDRAWAL
Every Consumer Customer who makes a purchase on the Site enjoys the guarantee of the right of withdrawal. This right allows the consumer to return the purchased product without having to provide any justification and to obtain a full refund of the amount spent. The term to exercise the right of withdrawal is 14 days from the date of delivery of the goods. To exercise the right of withdrawal, the Customer must send an explicit statement of their intention to withdraw from the purchase via email or chat to resi@cupidodesign.com within the 14-day period. Subsequently, the Customer is required to return the goods using a shipping method of their choice within the same 14-day period. The goods must be returned in their original packaging, intact and in perfect condition, complete with all its parts and carefully packed to the Seller's address. It is recommended to insure the shipment against theft and damage during transport. Packages sent cash on delivery will not be accepted. The return shipping costs are the responsibility of the Customer. Attention, requests without the original box and bubble wrap will not be considered.
Upon receipt of the goods and after verifying the integrity of the returned product, the Seller will refund the amount paid for the goods within 14 days. The refund will be made via the same payment method used by the Customer. The Customer acknowledges and accepts that:
- The right of withdrawal does not apply to products received more than 14 days ago.
- The right of withdrawal is excluded for used or customized products.
- The right of withdrawal does not apply to products which, by their nature, cannot be returned or which were made at the specific request of the Customer.
- Please note that products included in the Flash Sales category/collection - On offer are not subject to return.
The Customer is responsible for the decrease in the value of the products resulting from handling the goods other than that necessary to establish their nature, characteristics and functioning.
ART. 11 LEGAL GUARANTEE
The Consumer Customer has the right to a legal warranty of 24 months pursuant to Legislative Decree no. 206/2005 and its subsequent amendments. In the event of receiving Products that do not conform to the orders or are defective, the Customer must communicate this via email to the Seller, including any photographs and details. To benefit from the warranty, it is necessary to present the purchase documents. The warranty, if the item has arrived damaged, must be communicated within 48 hours and can only be exercised if the customer has the box and the bubble wrap and if it was accepted with a reservation for inspection.
In the event of a lack of conformity of the goods, the consumer has the right:
- to restore compliance,
- or to a proportional reduction in the price,
- or to the termination of the contract if the product is not customized.
For the purposes of restoring the goods to conformity, the consumer can choose between repair and replacement, provided that the chosen remedy is not impossible or excessively burdensome for the seller taking into account:
- the value of the goods in the absence of the defect,
- the extent of the defect,
- the possibility of experiencing the alternative remedy without inconvenience for the consumer.
The consumer has the right to a proportional reduction in the price or termination of the contract:
- if the seller has not repaired or replaced the goods,
- if a lack of conformity occurs despite the attempt to restore the goods,
- if the lack of conformity is so serious as to justify the price reduction or termination,
- if the seller has declared or it appears from the circumstances that he will not restore conformity within a reasonable time.
The consumer does not have the right to terminate the contract if the lack of conformity is slight and it is up to the seller to prove it.
The consumer has the right to a price reduction proportional to the decrease in value of the goods.
In case of termination of the contract, the same is exercised by direct declaration to the seller. If the lack of conformity concerns only some of the goods delivered, the contract can be terminated limited to them. In case of termination, the consumer:
- must return the goods to the seller at the latter's expense,
- the seller reimburses the consumer the price paid for the goods upon receipt of the goods or of the evidence provided by the consumer regarding the fact that he has returned or shipped the goods.
If the Customer is a Professional, he is not entitled to the legal guarantee of conformity but only the legal guarantee provided for by the Civil Code, therefore in the event of defects in the Products sold which make them unsuitable for use or which are such as to reduce in appreciable way their value, the same may request the reduction of the price or the termination of the sale in the cases provided for by the same Civil Code and for this purpose he must communicate to the Seller the presence of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year of delivery.
Since the Site operates on the dropshipping model, the products are shipped directly from the manufacturers or suppliers. However, the Seller is responsible to Customers for any compliance issues that may arise under current legislation. In case of defects of conformity, Customers are invited to contact the Seller for a prompt resolution. However, the Seller specifies that, given the nature of the dropshipping model, it can often be more effective and quicker to contact the manufacturer directly for warranty-related issues. In this context, the seller undertakes upon request to provide the information necessary to improve the problem resolution process.
ART. 12 FORCE MAJEURE
The Seller assumes no responsibility for disservices attributable to force majeure which prevented, in whole or in part, from executing the contract within the expected timeframe. The Seller is not responsible towards the Customers for any damages, losses and costs suffered as a result of failure or delayed execution of the contract, the Customer having the right only to a refund of the price paid.
The Seller is not liable for damages resulting from disconnection, interruptions of the Site, as well as loss of data resulting from this and attributable to it.
In case of force majeure, the execution of the Order will be suspended.
Such suspension may last for a maximum period of 3 (three) months, after which the Parties may decide whether to continue or cancel the Order.
ART. 13 INTELLECTUAL AND INDUSTRIAL PROPERTY
The Site (and its content and graphics), the trademark, the domain name, the related subdomains and all intellectual and industrial property rights relating to them, are the exclusive property of the Seller, are reserved to it and are not and will not be transferred or licensed in any case to the Customer. Therefore, the User or the Customer may not reproduce, duplicate, copy and redistribute, retransmit even on other websites, transfer or otherwise make available to third parties in any capacity or in any case use for purposes other than the conservation and/or consultation of the Sites and/or the Contents of the Site, without the prior express and formal approval of the Seller.
ART. 14 FAILURE TO EXERCISE A RIGHT
Failure to exercise a right by the Seller does not represent any waiver of taking action against the Customer or against third parties for the violation of undertaken commitments. The Seller therefore reserves the right to assert his rights in any case, within the terms granted.
Notwithstanding the foregoing, the nullity, invalidity or unenforceability of a specific provision of these Terms shall not result in the entire Agreement being void, unless the void, invalid or unenforceable provisions under the Agreement are essential or of such importance, that the parties would not have concluded the contract if they had known that the provision would be invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
ART. 15 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be processed based on the principles of correctness, lawfulness, transparency and protection of confidentiality in accordance with current regulations. The Seller, as Data Controller, processes the Users' Personal Data by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification or destruction of the Personal Data. The Processing is carried out using IT and/or telematic tools, with organizational methods and logic strictly related to the purposes indicated. The User's Data is collected for the execution of pre-contractual measures; to fulfill the obligations deriving from the stipulated contract; for the registration procedure aimed at purchasing the Products; to follow up on specific requests addressed to the Owner by the User; for sending information and promotional and commercial offers also through the newsletter service based on the consent freely expressed by the User; for soft spam purposes for promotional communications regarding the Products purchased without the need for the User's express and prior consent, as required by art. 130, 4 paragraph, Privacy Code as amended by Legislative Decree. n.101 of 2018. The Customer is therefore invited to carefully read the information on the processing of personal data (Privacy Policy) provided pursuant to EU Regulation 679/2016, as well as on the use of cookies with the relevant consent to processing where required (Cookie Policy).
ART. 16 APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by Italian law. In the event of disputes arising from the validity, interpretation, execution and termination of contracts stipulated online, the following provisions apply:
For the Consumer Customer: Any dispute that may arise between the Consumer Customer and the Seller in relation to contracts stipulated online will be subject to the jurisdiction of the judge of the place of residence or domicile of the Consumer, in compliance with current regulatory provisions regarding consumer protection (so-called consumer forum).
For the Professional Customer: Any dispute that may arise between the Professional Customer and the Seller in relation to contracts stipulated online will be the exclusive jurisdiction of the Court of Rome.
ART. 16 DISPUTE RESOLUTION
According to article 49 paragraph 1 letter V of Legislative Decree no. 206/2005 (Consumer Code) the Consumer Customer can make use of the Joint Conciliation procedure (ADR).
Pursuant to art. 14 of Regulation 524/2013, in the event of a dispute, the Consumer Customer may submit a complaint via the European Union ODR platform http://ec.europa.eu/consumers/odr/. For more information contact the Seller.
ART.17 COMMUNICATIONS
For further information of any kind, you can contact the Seller at the following addresses: info@cupidodesign.com
Pursuant to the articles. 1341 and 1342 of the Civil Code, the Customer declares to have carefully read and to accept all the clauses of these Terms and Conditions of sale and in particular those of articles 3, 8, 10, 11, 12 and 16.
Last updated: 22/02/2024
