TERMS AND CONDITIONS OF SALE
These Terms and Conditions govern the sales of the products offered on the site www.cupidodesign.com and regulate its 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 Site functionalities. 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 store 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 emphasize 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, the following definitions apply:
Seller: Excelsior Group SRL P.IVA IT16965661008, located at Via Marconi 45 ZIP 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 subject who accesses the Site and continues browsing it
Customer: any subject who purchases the products sold through the Site.
Consumer: the natural person who acts for purposes unrelated to professional or entrepreneurial activity.
Professional: the natural or legal person who acts in the exercise of their entrepreneurial and commercial activity and who purchases with a VAT number.
Products: sale, under the Electronic Commerce regime, mainly of Canvas prints, furniture complements, and similar.
Purchase Order or Order: the purchase proposal made by the User through the Site's procedures, particularly via 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 makes their purchase proposal, selecting payment methods, delivery options, and similar.
ART. 2 OBJECT
These Terms and Conditions of sale apply to the products detailed in the following article 3 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 as Professionals.
If one or more provisions of these Terms and Conditions are found to be null, ineffective, or unenforceable, such nullity, ineffectiveness, or unenforceability shall not affect the validity and effectiveness of the remaining clauses. In such circumstances, the parties agree to replace the null, ineffective, or unenforceable clause with a valid and effective clause that, as far as possible, has the same effect as the original clause.
ART. 3 PRODUCT DESCRIPTION
This Site is dedicated to retail sales, operating under the Electronic Commerce regime. The offer mainly includes Canvas prints, customizable Canvas prints with frames of various colors, furniture items, and similar products. Each product offered is carefully described and illustrated in the respective sections of the Site.
Difference between digital display and canvas printing
Please note that the images displayed on your device's screen may appear brighter and more vivid than the final product. This happens because:
- Backlit screens: Digital images are displayed on illuminated devices, which makes the colors brighter.
- Painterly effect on canvas: The canvas print has a natural and matte finish, giving the product an artistic and authentic look, similar to a painting.
We try to represent colors as faithfully as possible, but small variations are normal and part of the charm of a handcrafted canvas print.
The images of the products published on the Site are intended to provide the most faithful representation possible of the items offered. However, it is important to emphasize 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 are purely demonstrative and symbolic and do not constitute a contractual element.
Regarding the customization of Canvas prints with frames, it is highlighted that such customization involves choosing a frame of a specific color to apply to the canvas. Once this customization is made, the product can no longer be modified, nor will it be subject to the right of withdrawal, due to its bespoke and personalized nature. Users are therefore invited to carefully consider their customization choices before proceeding with the purchase.
In line with the peculiarities of E-commerce, the User is informed that any discrepancies between the representations of the Products on the Site and the Products actually delivered can only be contested if they are substantial and significantly affect the characteristics or functionality of the product.
ART. 4 PRICES AND ADDITIONAL COSTS
The prices of the Products are shown in euros. In particular, the cart will detail:
- 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 to purchase the product at the correct price or to cancel the order. The prices of the online store 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 create special sales conditions or promotions on the Products present on its site also in accordance with the provisions of 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 case of computer, manual, technical, or any other type of error that may cause a substantial change, not foreseen by the Seller, in the public sale price, making 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, after communication to the Customer. The Seller reserves the right to verify and evaluate the correctness and good faith of the customer, especially in 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 and proceed with the cancellation of the purchase order.
ART. 5 REGISTRATION
In order to make purchases on the Site, the User may complete a specific registration, through which to enter their personal data. The User who wants to register on the Site must provide all the requested data and is responsible for their truthfulness and accuracy.
In the case of registration, at the time of data entry, the User guarantees to:
- be of legal age and legally competent;
- possess the specific requirements for registration requested at the time of enrollment;
- comply with all legal and contractual rules applicable to these Terms and Conditions;
- be the legitimate owner of the entered data, understood as true, correct, and up-to-date.
Registration coincides with the opening of an account.
At the time of registration, the User will be asked to provide a name, email, and a password. The email address provided during registration allows the Seller to notify the User of all messages related to the Services, Products, and the Site in general. The use of temporary emails for registration is prohibited. In cases of abuse, the Seller reserves the right to refuse registration, revoke it, and report it to the competent Authorities. All transmitted data will be processed in full compliance with privacy protection regulations. The Seller will use them to complete orders and only if explicit consent is given, the data may also be processed to provide information about its initiatives, such as news or promotional discounts.
ART. 6 PURCHASE PROCEDURE AND CONCLUSION OF THE SALE
The User may purchase all Products offered for sale on the Site, as described in the respective information sheets, following the purchase procedures provided on the Site itself. At the time of purchasing the Products, the Customer must follow all the instructions contained on the dedicated page of the Site. To purchase the Products, the Customer must complete and send the electronic Purchase Order form to the Seller, following all the instructions contained on the dedicated page of the Site. A summary of the main commercial conditions, including the price, payment methods, and delivery options, as well as information on the main characteristics of the ordered Products and a reference to the Terms and Conditions, will be provided. The Customer must place the Product they wish to purchase in the dedicated "Cart" and, after reviewing 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, must 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 concluded between the Seller and the Customer is considered finalized with the acceptance of the Order by the Seller. The acceptance of the Order will be communicated by the Seller to the Customer via an email sent to the provided email address. The Seller reserves the right to evaluate the acceptance of received orders and may refuse or otherwise not process purchase orders that are incomplete or incorrect, or in case of unavailability of the Products, or that involve delivery of the ordered Products to certain disadvantaged geographical areas.
Orders can be canceled up to 24/48 hours at most since, not having a warehouse, they are immediately sent to the production phase.
The Seller will inform the Customer of any inability to accept the orders received as soon as possible from the moment the Customer has transmitted the Order and will refund any amounts already paid by the Customer for the payment of the Products. Any right of the Customer to compensation or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and/or property caused by the Seller's failure to accept, even partially, an Order.
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 their browser will be redirected to a secure server page with SSL encryption where they enter their username and password or create a new account easily and immediately. PayPal protects the buyer's information as no financial information is shared. For each transaction made with this method, a confirmation email will be sent by PayPal. The order amount is charged to the PayPal account at the time the order is placed. In case of cancellation, the amount is refunded to the Customer's PayPal account.
2) Cash on delivery
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 fee that will be indicated by the Seller. At the time of delivery, the Customer will pay the total Order amount directly to the courier in cash.
3) Klarna
The Customer can pay for their Order through the Klarna platform, which allows splitting the amount into 3 installments, interest-free and with monthly due dates.
4) Scalapay
The Customer can pay for their Order by opening an account and using a credit card on the Scalapay platform, which allows splitting the amount into 3 or 4 installments, interest-free and with monthly due dates.
ART. 8 SHIPPING AND DELIVERY TIMES OF THE PRODUCT
All orders are processed and delivered on weekdays (Monday-Friday, excluding holidays). Orders placed on Saturdays and Sundays will not be processed until the following Monday.
For every order placed on the Site, the Seller issues a receipt for the shipped goods. The receipt is based on the information provided by the Customer at the time of the order. 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, provided that, except in cases of force majeure, the Products will be delivered within a maximum period of 30 (thirty) days starting from the day after the Customer placed the order, unless the Seller notifies the Customer within the same period of the subsequent unavailability, even temporary, of the ordered products.
In case of product unavailability, 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 shipped goods. The information provided by the Customer at the time of the order is binding for the issuance of the receipt. No changes to the receipt will be possible after its issuance.
The Seller will deliver the purchased Products using specialized carriers, with standard service, from Monday to Friday, excluding holidays and national holidays. Products shipped within Italy are generally delivered within 3-5 working days and within 7 working days in disadvantaged areas and islands. Products shipped within the European Union are generally delivered within 5-8 working days from shipment. The delivery times indicated above are purely indicative and not essential. Any changes to the above will be promptly communicated to the Customer via email.
No compensation can be claimed from the Seller in case of damages due to delay and/or interruption, and/or total or partial suspension of deliveries not attributable to the Seller's fault or action. This also applies to cases of delays, interruptions, or suspensions caused by reasons such as, by way of example and not limited to, work stoppages, labor disputes, delays attributable to suppliers, energy shortages, suspension of transport services.
At the time of shipment of the package, the Tracking number will be sent via email, allowing the Customer to follow the entire shipment route on the carrier's website. Upon delivery, the Customer acknowledges and agrees that they must be present or have a person expressly delegated by them present, releasing the seller from all responsibility. The Customer acknowledges and agrees that they cannot refuse the package upon delivery and may, if the products are not personalized, exercise the right of withdrawal as provided by law. At the time of delivery, the Customer is required to check that the number of packages delivered matches what is indicated in the transport document and that the packaging is intact, not damaged, wet, or otherwise altered, including the sealing materials. If a product arrives damaged during transport or different from what was ordered, the Customer must sign the delivery document presented by the courier, inserting if possible the phrase "ACCEPTED WITH RESERVATION BECAUSE DAMAGED." This will make it easier and faster to obtain any refunds for damages attributable to transport. The Customer must also photograph the package and the goods to demonstrate any damage. The Customer may request from the Seller via email info@cupidodesign.com For the replacement, the Seller will send the correct product and collect the product to be replaced from the Customer's home at the Seller's expense. The Customer only needs to prepare the goods for pickup, carefully packed and complete with all its parts, including transport documents. In any case, the Customer will be contacted as soon as possible by the Seller to be informed about the product replacement timing.
Considering the delivery location of the goods, the purchased Products may be subject to import taxes and/or customs duties, the amount of which may vary depending on the destination country. It is therefore not possible to predict if and what costs would be incurred for customs clearance of the purchased goods. Consequently, any costs related to import taxes and/or customs duties will be the sole responsibility of the Customer.
In the case of exporting goods to countries outside the EU, the related customs duties are the responsibility of the Customer. The customs duties due vary depending on the destination country. The Customer is obliged to inform themselves about the regulatory provisions on the matter and bears the related responsibility. Customs duties are not considered shipping costs and are therefore borne by the Customer.
ART. 9 SHIPPING INSURANCE CLAUSE
To provide additional protection for purchased products, the Seller offers customers the option to subscribe to shipping insurance. This insurance is intended to cover any damage or loss (including theft) that may occur during the transport of 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 the insurance is standard for each order, regardless of the size or value of the product. The price of the insurance will be clearly indicated during the purchase process.
The Customer can choose to subscribe to the insurance at the time of 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 case of damage, loss, or theft of the product during transport, the Customer must contact us within 24/48 hours (excluding Sundays) following the procedures indicated on our website. The Customer must provide all necessary details and, if requested, supporting documentation for the claim.
In case of acceptance of the claim, 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 right of withdrawal guarantee. This right allows the consumer to return the purchased product without providing any justification and to obtain a full refund of the amount spent. The period 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 placed back in their original packaging, intact and in perfect condition, complete with all parts and carefully packed to the Seller's address. It is recommended to insure the shipment against theft and transport damage. Cash on delivery packages will not be accepted. 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 using 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 that, by their nature, cannot be returned or that have been made to 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 what is necessary to establish their nature, characteristics, and functioning.
ART. 11 LEGAL WARRANTY
The Consumer Customer has the right to a 24-month legal warranty pursuant to Legislative Decree 206/2005 and its subsequent amendments. In case of receipt of Products that do not conform to the orders or are defective, the Customer must notify the Seller by e-mail, providing any photographs and details. To benefit from the warranty, it is necessary to present the purchase documents. The warranty, if the good arrived damaged, must be reported within 48 hours and can only be exercised if the customer has the box and bubble wrap and if it was accepted with reservation for inspection.
In case of a defect in the conformity of the good, the consumer has the right:
- to restore compliance,
- or proportional price reduction,
- or contract termination if the product is not customized.
For the purpose of restoring the conformity of the goods, 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 pursuing the alternative remedy without inconvenience to the consumer.
The consumer has the right to a proportional price reduction or contract termination:
- if the seller has not carried out the repair or replacement of the goods,
- if a non-conformity defect appears despite the attempt to restore the goods,
- if the non-conformity defect is so serious as to justify a price reduction or contract termination,
- if the seller has declared or it is evident from the circumstances that they will not restore conformity within a reasonable time.
The consumer does not have the right to terminate the contract if the non-conformity defect is minor, and it is up to the seller to prove it.
The consumer has the right to a price reduction proportional to the decrease in the value of the goods.
In case of contract termination, it is exercised by direct declaration to the seller. If the non-conformity defect concerns only some of the delivered goods, the contract can be terminated only for those goods. In case of termination, the consumer:
- must return the goods to the seller at the seller's expense,
- the seller refunds the consumer the price paid for the good upon receipt of the good or the evidence provided by the consumer regarding the fact of having returned or shipped the good.
If the Customer is a Professional, they are not entitled to the legal warranty of conformity but only to the legal warranty provided by the Civil Code, so in the case of defects in the Products sold that make them unsuitable for use or that significantly reduce their value, they may request a price reduction or contract termination in the cases provided by the Civil Code and must notify the Seller of the defect within 8 (eight) days of its discovery, and in any case within 1 (one) year from delivery.
Since the Site operates according to the dropshipping model, products are shipped directly from manufacturers or suppliers. However, the Seller is responsible to Customers for any compliance issues that may arise under current regulations. In case of conformity defects, Customers are invited to contact the Seller for prompt resolution. However, the Seller notes that, given the nature of the dropshipping model, it is often more effective and faster to contact the manufacturer directly for warranty-related matters. In this context, the Seller commits, upon request, to provide the necessary information to facilitate the resolution process.
ART. 12 FORCE MAJEURE
The Seller assumes no responsibility for disruptions attributable to force majeure that prevent, in whole or in part, the execution of the contract within the agreed time. The Seller is not liable to Customers for any damages, losses, or costs incurred due to the non-performance or delayed performance of the contract, with the Customer only entitled to a refund of the price paid.
The Seller is not liable for damages resulting from disconnections, Site interruptions, or loss of data consequently occurred 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 related intellectual and industrial property rights are the exclusive property of the Seller, are reserved to it, and are neither transferred nor licensed to the Customer under any circumstances. Therefore, the User or Customer may not reproduce, duplicate, copy, redistribute, retransmit even on other websites, transfer, or otherwise make available to third parties in any way or use for purposes other than storage and/or consultation the Sites and/or the Site Contents without the prior express and formal approval of the Seller.
ART. 14 FAILURE TO EXERCISE A RIGHT
The Seller's failure to exercise a right does not constitute a waiver to act against the Customer or third parties for breach of commitments made. Therefore, the Seller reserves the right to assert its rights in any case, within the granted terms.
Without prejudice to the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions within the framework of the Agreement are essential or of such importance that the parties would not have concluded the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
ART. 15 PROCESSING OF PERSONAL DATA (PRIVACY)
The Personal Data provided or acquired will be processed in accordance with the principles of fairness, lawfulness, transparency, and protection of privacy pursuant to current regulations. The Seller, as the Data Controller, processes the Users' Personal Data by adopting appropriate security measures aimed at preventing unauthorized access, disclosure, modification, or destruction of Personal Data. The processing is carried out using IT and/or telematic tools, with organizational methods and logic strictly related to the indicated purposes. The User's Data is collected for the execution of pre-contractual measures; to fulfill obligations arising from the concluded contract; for the registration procedure aimed at purchasing Products; to respond to specific requests made to the Controller by the User; for sending information and promotional and commercial offers also through the newsletter service based on the User's freely given consent; for soft spam purposes for promotional communications concerning the purchased Products without the need for the User's express and prior consent, as provided by art. 130, paragraph 4, Privacy Code as amended by Legislative Decree no. 101 of 2018. Therefore, the Customer is 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 related consent to processing where required (Cookie Policy).
ART. 16 APPLICABLE LAW AND COMPETENT COURT
These Terms and Conditions are governed by Italian law. In case of disputes arising from the validity, interpretation, execution, and termination of contracts concluded online, the following provisions apply:
For the Consumer Customer: Any dispute that may arise between the Consumer Customer and the Seller regarding contracts concluded online shall be subject to the jurisdiction of the judge of the place of residence or domicile of the Consumer, in accordance with the current legal provisions on consumer protection (so-called consumer forum).
For the Professional Customer: Any dispute that may arise between the Professional Customer and the Seller regarding contracts concluded online shall be subject to 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 may use the Joint Conciliation procedure (ADR).
Pursuant to art. 14 of Regulation 524/2013, in case of dispute, the Consumer Customer may submit a complaint through the EU ODR platform http://ec.europa.eu/consumers/odr/. For more information, contact the Seller.
ART.17 COMMUNICATIONS
For any kind of further information, it is possible to contact the Seller at the following contacts: info@cupidodesign.com
Pursuant to 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, in particular those of articles 3, 8, 10, 11, 12, and 16.
Last update: 22/02/2024
