General sale conditions
These terms and conditions rule the sale contracts execution through website www.heynight.it (henceforth "The Website").
The means by which such contracts are concluded, qualifies them as distance contracts, pursuant to Part III, Title III, Chapter I of DDL (Legislative Decree) no. 6.9.2005 n. 206 (henceforth the "Consumer Code") whose rules are intended to refer to.
Under Article.52 of the Consumer Code are prescribed the following information.
1. Identity of the Company
The supplier of the goods and, therefore, the "company", is Cavlera srl, with registered office at Via Provinciale 12, 24024 Gandino (BG), Italy, VAT 04453160162.
2. Characteristics of the goods
Each product is clearly identified and, where necessary, these are explained the features and functionality in their respective pages published on the Site. The price of the goods is indicated in the descriptions of each product and it is expressed in Euro including VAT.
3. Placing an Order
When you place an Order, you make an offer to purchase the Products you select. Orders are subject to acceptance by us and we can not accept your order if:
You have provided incorrect information, such as, for example, incorrect or insufficient payment details, wrong billing address, incorrect or incomplete shipping address, or any other misleading information;
An error occurring on the website relating to the Products you have ordered, such as wrong information relating to the price or description of the Products;
The products you ordered are no longer available for sale through the Website;
We will not be liable to you or to any third party for any removal or modification of the materials or content on the Site. Neither will be for the refusal to execute an order or for the suspension of the transaction.
If we can not accept your Order, we will contact you by email or telephone as soon as possible, in any case not later than 30 (thirty) days from the date of your order. If we can not accept or process your order because the products are no longer available or due to an error related to prices and / or other information relating to the Products you have ordered, we will contact you and suggest alternative products that might be of your liking and you might want to buy. If you do not accept our suggestions we will cancel your order for the Products that we can not give you and refund within thirty (30) days from the Order.
If you placed your order by web Site, you will receive an e-mail confirmation of your order containing the details regarding the same (such as, for example, the quantity of products purchased, the price, the terms delivery). This email does not represent acceptance of your Order. Unless you do not cancel your Order, the Order will be shipped. At the shipping time you will receive an e-mail shipping confirmation to inform you that we have arranged to send all or part of the Products you have ordered.
Orders can be cancelled at any time before being taken over by us. If you wish to cancel your order, please contact us through our "Contact Us". We will not accept cancellations of orders made by methods other than those identified above. Once your order has been taken over, you can only exercise your right of withdrawal in accordance with the procedure described below.
In the exceptional case in which an ordered product is not further available in stock, Cavlera Srl will refrain from giving over to the purchase order and from making any charge to the customer, and will refund him on the same credit card used for payment.
4. Shipping and Delivery
Shipping costs charged are specified during the purchase and will depend on the quantity and value of goods in order.
5. Payment
You can pay for products using credit cards, PayPal services, bank transfer or amazon pay. We accept major circuits of payment cards, such as Visa, MasterCard and American Express. Payment is in the currency specified in your order before sending.
If you make payment via credit card or debit card at the time of the Order will need to provide your credit card details, which will be charged when we receive your order, for an amount equal to the total value of your order. The relevant customer credit card data are managed directly by the bank which guarantees maximum security and confidentiality of the transaction. The purchase may be made only by the cardholder, whose name and address must match the name and address of the recipient. Cavlera srl will also accept orders addressed to persons other than the owner, but reserving the right to identification purchaser data and, in its discretion, to request additional guarantees to the purchaser or to refuse the order. We will not accept your Order as long as the issuer of your credit card or debit card transaction will not be authorized for payment of ordered products. We will give you immediate notice in case we do not receive such authorization. We reserve the right to verify the identity of the holder of the credit card debt or requiring the most appropriate information. Please note that we may, at any time and at our sole discretion, to block shipments to those countries that we consider to be at high risk of fraud.
If you are making payment via PayPal, you will be asked to log in to your account with your e-mail address and password to confirm the payment. If you do not have a PayPal account you can still pay by PayPal and you will be prompted to enter your personal information and credit card details. The products will be sent after the completion of the payment transaction. In case of cancellation the amount will be refunded to the customer's PayPal account.
If you do not receive the payment within 30 days from the date of your order, your order will be cancelled and you will receive an e-mail confirmation.
The Products will be shipped to the address specified in the Order Confirmation. In any case, we can only send documents via e-mail at the address you provided at the time of the Order.
The issuance of the invoice following the successful completion of the payment. An invoice is sent to the customer exclusively in digital format, it is not expected to be issued and shipment of the same on paper.
6. Products delivery
The ordered products are delivered to the recipient and address specified by the customer in the order form, by means of a courier hired by Cavlera srl. Once delivered the goods to the carrier, the customer will receive an e-mail confirming the shipment. Deliveries are made Monday through Friday, during normal business hours, excluding national holidays. The delivery is considered completed when the product is made available to the customer at the address specified in the order form.
In the event that the recipient of the product was absent at the specified address, the courier will leave a card with the letter containing the information necessary to enable the client to make a new appointment consistent with their availability. In the event that, within four working days after the order has not been received, the user should contact the courier at the telephone number provided to arrange a new delivery date, otherwise courier will take back the material to Cavlera srl. In this case, the sales contract will be terminated for reasons attributable to the customer and the Cavlera Srl will refund the price paid, after deduction of the expenses incurred for the storage of the neck at the local carrier and the subsequent return of the same, without the application of penalties or other mark-ups. The termination of the Contract and the refund amount will be communicated by e-mail. The total amount of the refund will be credited to the payment method used by the customer for purchase.
The customer is obliged to check the condition of the delivered product. In the event that the package present evidence of tampering or alteration, the Customer must refuse delivery or accept it, taking care of the transport document, and taking proof of the defect and in any case must give prompt notice to the Customer Service of Cavlera Srl.
7. Right of withdrawal
If you are a European Union country consumer, you have the right to cancel the order you have made with us under the Consumer Protection (Distance Selling) Regulations 2000 (DSRR) as endorsed and further specified in Articles 64 and following of Legislative Decree no. 206/2005 ("Consumer Code").
If you wish to cancel your order under the Distance Selling Regulations, you have time 10 working days from the day you receive the products to withdraw from the contract. In this case, you will be fully refund.
Please attend the following procedure for returning goods:
Within 10 working days from the day you receive the Products, you have to inform Cavlera srl by e-mail or in writing by registered mail with return receipt within the following 48 hours at:
Cavlera Srl
Via 5 Martiri, 21
24029 Vertova (BG)
Italy
The customer must always return the products purchased at Cavlera Srl address above to request refund.
In all cases, the products must be in the same condition and the same packaging in which they were originally, and must not have been used or worn or washed. If you decide to return your goods within the meaning of the Distance Selling Regulations all shipping costs incurred at the time of your order will be fully refunded to you.
The cost that you will incur to return the products is at your charge.
Please consider that as long as the products remain in your possession, you are required to keep them safe and in good condition.
Normally, we will process your refund within 30 days from the date you exercised your right of withdrawal, without additional charge, by crediting on the same payment instrument used for the balance of the order.
8. Warranty
Cavlera Srl ensures that purchased products through the Site are free from defects in accordance to the terms, within the limits and in the manner laid down in Art. 128 and following of the Consumer Code, for customers who have purchased products. 1490 et seq. Civil Code for Customers entrepreneurs or professionals. The warranty starts from the date of issue of the relevant sales invoice and has a duration of two years, for customers that qualify as Consumers, and one year for other types of clients.
To qualify for warranty service of Cavlera Srl the Customer must provide a description of the product that is assumed faulty and indicating the nature of the defect and the date of purchase, enclosing a copy of the invoice.
To verify the occurrence of the formal requisites for the use of the warranty service, Cavlera Srl will take back the order exclusively through his forwarder and at his own expense. Received the product, the personnel employed by Cavlera Srl will verify the adequacy between the date of purchase indicated on the invoice sent by the customer and the code that characterizes the product; completion of that review, the product will be submitted to the technical findings of the case in order to verify the existence of the reported defect as default compliance under the rules recalled.
Where is confirmed the effectiveness of the guarantee, Cavlera Srl will notify the customer and replace the defective product, without additional cost to the customer.
In the event that one or the other verification gave negative results Cavlera Srl will charge payable by the Customer of the costs incurred for the removal of the product for which the refund will be subject to the payment of such costs on delivery. This warranty excludes normal wear and use of products.
9. Validity of the General Terms and Conditions of Sale-Changes
Cavlera Srl reserves the right to make changes or additions to these Terms and Conditions; such amendments will have no effect on Contracts already concluded and in progress.
In the event that either party does not assert any right conferred by these Terms, this shall not affect the right to enforce its rights thereafter.
10. Contacts
For any questions concerning these Terms to our products or your order, please contact us using our
"Contact Us".
11. Definitions
In these Terms and Conditions of Sale:
"Contract" Means the contract between the parties for the sale and purchase of products and includes your Order, the Confirmation Order relating to your order and these Terms;
"Products" Indicates products that we sell from time to time through the Website;
"Order" Indicates an order for Products made in accordance with these Conditions;
"Order Shipping Confirmation" Indicates the order confirmation, indicating the acceptance of your Order and the details of the products you bought, we send you when your products are shipped;
"Conditions" Means these terms and conditions of sale;
"We" or "Our" Indicate Cavlera Srl;
"Site" Indicates our website, http://www.heynight.it;
"You" or "Your" Indicates you, the customer.