General terms agreement
This document sets out the general terms and conditions under which users are offered to use the Alain Caron Official website, which offers Information and Sales Services for products related to the Alain Caron brand.
To enable full understanding and acceptance of these terms and conditions, the following terms, in the singular and plural, shall have the meanings set forth below:
- Owner: Francesco Zanetti, Via Forca 16 Cartigliano (Vi), C.F. ZNTFNC76R12A703I, VAT number IT03933140240, address PEC firstname.lastname@example.org.
- Application: the website www.alaincaronofficial.com and the subdomain www.member.alaincaronofficial.com
- Products: the products provided to the user by the Owner and the goods and/or services provided through the Application by a third party supplier.
- User: any person who accesses and uses the Application
- Consumer User: the natural person of age who concludes a contract for purposes unrelated to his business, commercial, craft or professional activity.
- Third Party Supplier: the natural or legal person, other than the Owner, who offers the Products through the Application acting in the exercise of his business, commercial, craft or professional activity
- Content: any textual or multimedia element present on the Application, such as ads, advertisements, reviews, images, etc.
- Conditions: this contract governing the relationship between the Owner and the Users and the sale or supply of the Products offered by the Owner through the Application.
2. Relations between Owner, Third Party Supplier and Users
The Application hosts a platform managed by the Owner that allows to put in contact Users interested in the Products offered by the Owner and the Third Party Supplier.
When the Products are offered by Third Party Suppliers, the Owner is not part of the relationship that will be established exclusively between Users and Third Party Suppliers and does not assume any responsibility deriving from the relationships established between the same, as he must be considered as a mere technical manager of the Application. Therefore, any contract stipulated between Third Party Suppliers and Users is not subject to these Conditions.
3. Scope of application of the Conditions
Use of the Application implies acceptance of the Terms by the User. If the User does not intend to accept the Terms and/or any other note, legal notice, information published or referred to therein, he/she may not use the Application or the related services.
The Conditions may be modified at any time.
The applicable Conditions are those in force on the date of transmission of the purchase order or request for the supply of a Product.
Before using the Application, the User must read the Conditions carefully and save or print them for future reference.
The Owner reserves the right to change at its own discretion, at any time even after the User’s registration, the graphical interface of the Application, the Contents and their organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, if necessary, the relevant instructions.
4. Purchase or supply request through the Application
All the Products offered through the Application are described in detail in the relevant product pages (quality, features, availability, price, delivery time and costs, delivery time, accessory charges, etc.). Some errors, inaccuracies or small differences between what is published on the Application and the actual Product may be highlighted. Furthermore, any images of the Products are only representative and do not constitute a contractual element.
Purchases and/or requests for the supply of one or more Products through the Application are allowed to Consumer Users.
Purchases and/or supply requests are allowed to natural persons only on condition that they are of legal age. For minors, any purchase and/or request for supply of Products through the Application must be examined and authorized by their parents or parental responsibility.
The offer of Products through the Application is an invitation to offer and the order sent will be valid as a contractual proposal for purchase and/or request for supply, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner will have, at its sole discretion, the right to accept or not accept the User’s order without the latter being able to object or complain about anything for any reason.
The contract of sale or supply of the Products is concluded with the acceptance by the Owner of the User’s contractual proposal. The Owner will accept the User’s contractual proposal by sending the order confirmation to the e-mail address indicated by the User or by displaying an order confirmation web page, which will show the date of the order, the User’s data, the characteristics and availability of the Product, the price or the method of calculating the price, any additional charges and taxes, the time of supply and execution, the methods for exercising the right of withdrawal or its possible exclusion and warranty.
The contract of sale or supply of the Products shall not be considered effective between the parties in default of what indicated in the previous point.
If the Product is not available, the Owner will inform the User of the new terms of delivery or supply, asking if he intends to confirm the order or not. It is understood that the contract will be finalized with regard to the Products accepted by the Owner.
The User undertakes to verify the correctness of the data in the order confirmation and to immediately notify the Owner of any errors and will keep a copy of his order, the relative confirmation and the Conditions.
You may not create multiple accounts that correspond to the same subject. In case of violation, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
The User is responsible for keeping his/her access credentials, which must be used exclusively by the User and cannot be transferred to third parties. The User undertakes to keep them secret and to make sure that no third party has access to them and to inform the Owner immediately if he suspects or becomes aware of an improper use or undue disclosure of them.
The User guarantees that the personal information provided during the registration procedure is complete and truthful and undertakes to keep the Owner indemnified and held harmless from any damage, obligation to pay compensation and/or sanction arising from and/or in any way related to the User’s violation of the rules on registration to the Application or on the retention of registration credentials.
6. Account Cancellation and Closure
You may terminate your use of the Application at any time and deactivate your account or request its deletion through the Application interface, if possible, or by sending a written notice to email@example.com.
In the event of a breach by the User of the Conditions or applicable legal provisions, the Owner reserves the right to suspend or close the User’s account at any time and without notice.
7. Product Catalogue
The Owner invests a lot of resources to try to make his catalogue as up-to-date as possible; it may happen, however, that, among the products included in the said catalogue, some information regarding the products is not correct.
It may happen, for example, that descriptions and images are not accurate, complete, up-to-date or correct. If it should happen that the product you have received does not perfectly reflect the information available on the site, you can still make it available by exercising your right of withdrawal within 14 working days of receipt of the product.
It may happen that some products indicated as available at the time of ordering are not available from our suppliers. In any case, the relationship that the User has with the Third Party Supplier is exluded from the one with the Application Holder.
If you paid by credit card, in fact, it will not be taken for the amount of the cancelled products and will be deducted from the amount to be paid at the time of delivery.
If the cancelled product is the only one in your order, your order will also be cancelled. In case your order contains other available products, these will be regularly shipped to you.
In the absence of other information, the price indicated in the catalogue is the list price suggested by the manufacturer or estimated on the basis of the average prices of the sector to which the product belongs.
Despite our efforts, it may happen that some products have incorrect prices.
The times indicated in the product detail sheet are purely indicative and not binding for the Owner.
8. Prices and payments
For each Product is indicated the price and VAT, if due. If the nature of the Product makes it impossible to calculate it in advance, the price calculation methods are indicated.
In addition, any additional taxes and charges will be indicated. If such items of expenditure cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.
The Owner reserves the right to change the price of the Products and any additional costs at any time. It is understood that any price changes will in no case affect contracts already concluded before the change.
The User undertakes to pay the price of the Product in the time and manner indicated in the Application and to communicate any necessary data that may be required.
The Application uses third party tools for the processing of payments and does not in any way come into contact with the payment data provided (credit card number, holder’s name, password, etc.).
Should these third party instruments deny the payment authorisation, the Owner will not be able to supply the Products and will not be considered in any way responsible.
9. Methods of supply of physical Products
The delivery terms specified in the order confirmation indicate the period of time usually required to deliver the Product from the moment the courier takes charge of it.
In the event that it is not possible to supply the requested Products, the User will be promptly notified by e-mail, indicating when it is expected that it will be possible to supply them or the reasons that make supply impossible.
If the User does not intend to accept the new deadline or delivery has become impossible, the User may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the request for refund.
Upon receipt of the Product, the User is required to verify its conformity with the order placed and the integrity of the packaging. In the event of obvious damage to the packaging and/or the Product, the User may refuse the delivery of the Product and may return it at no charge to him/her. Once the delivery document has been signed, the User may not object to any dispute regarding the external characteristics of the Products delivered.
The Owner will not be liable to any party or third party for damages, losses and costs incurred as a result of failure to perform the contract due to force majeure.
10. Modalities of supply of Digital Products and services
The Owner will provide the digital Products and/or services to the User, in the manner and within the term indicated on the Application and indicated in the order confirmation.
If it is not possible to provide the Digital Products and services requested within this term, the User will be promptly notified by e-mail, with an indication of when it is expected to be possible to provide them or the reasons that make the supply impossible.
If the User does not intend to accept the new deadline or the supply has become impossible, he/she may request a refund of the amount paid, which will be credited promptly in the same payment methods used by the User for the purchase within a maximum of 14 days from the date on which the Owner became aware of the request for refund.
11. Users’ right to withdraw from the purchase of Digital Products
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without penalty and without specifying the reason within 14 days from the date of receipt of the Product, by sending a written notice to the e-mail address firstname.lastname@example.org, using the optional withdrawal form referred to in the following article or any other written declaration.
In the case of separate delivery of more than one Product, ordered by the Consumer User with a single order, the 14-day period for exercising the right of withdrawal starts from the day on which the last Product was received.
In case of withdrawal exercised correctly, the Consumer User must return the Product to the Owner, without undue delay and in any case no later than 14 days from the date on which he communicated his decision to withdraw from the contract. The Consumer User will only bear the direct cost of returning the Product, unless the Owner has declared that he or she is responsible for it.
In case of withdrawal exercised correctly, the Owner will refund the payments received from the User, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he wishes to withdraw from the contract.
The Owner is not obliged to reimburse the delivery costs, if the Consumer User has expressly chosen a type of delivery different from the less expensive type of delivery offered by the Owner.
The Cardholder, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the Consumer User has demonstrated that he has sent it back.
The Owner will not accept the return in the event that the Product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear, absence of integral elements of the product (accessories, parts, etc.). In such cases, the Owner will return the purchased Product to the sender, charging the sender the shipping costs.
12. Right of withdrawal of Consumer Users from the purchase of Digital Products.
The only Consumer User who for any reason is not satisfied with the Product has the right to withdraw without penalty and without specifying the reason within the term of 14 days from the date of conclusion of the contract, by sending a written communication to the e-mail address email@example.com, using the optional withdrawal form referred to in the following article or any other written declaration.
In case of withdrawal exercised correctly, the Owner will reimburse the Consumer User, the payments received, in the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the User has communicated that he/she wishes to withdraw from the contract.
In case of purchase of Digital Product, the Consumer User acknowledges and agrees to lose the right of withdrawal if the execution or download of the Digital Prodotoo has started with his express agreement and with the acceptance to lose the right of withdrawal after the execution or download has started, pursuant to art. 59, letter o) of the Consumer Code.
13. Exclusion of the Consumer User’s right of withdrawal
In the case of digital products, the Consumer User agrees to lose the right of withdrawal if he or she downloads them or after the service has been fully provided.
14. Optional form to exercise the right of withdrawal
The User may withdraw using the following form, which must be completed in full and sent to the email address firstname.lastname@example.org before the expiry of the withdrawal period:
I hereby communicate the withdrawal from the following product: ____________________
Purchased on: __________.
First name and Surname/Company name: ________________________
E-mail associated with the purchase account:____________________________________.
15. Industrial and Intellectual Property Rights
The Owner declares to be the owner and/or licensee of all intellectual property rights relating and/or pertaining to the Application and/or the Contents available on the Application. Therefore, all trademarks, figurative or nominative trademarks and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, content related to the Application are and remain the property of the Owner or its licensors and are protected by the laws in force on trademarks and related international treaties.
The Conditions do not grant the User any license to use the Application and/or individual contents and/or materials available therein, unless otherwise regulated.
Any reproduction in any form of the explanatory texts and the Contents of the Application, if not authorized, will be considered an infringement of the intellectual and industrial property rights of the Owner.
16. Exclusion of warranty
The Application is provided “as is” and “as available” and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does the Owner provide any guarantee that the Application will meet the Users’ needs or that it will never be interrupted or error free or that it will be free of viruses or bugs.
The Owner will endeavour to ensure that the Application is available 24 hours a day without interruption, but cannot be held liable in any way if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons beyond the Owner’s control or due to force majeure events.
17. Limitation of Liability
The Owner cannot be held responsible towards the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions connected to the use of the internet network beyond his or her control or that of his or her suppliers.
The Owner will also not be liable for damages, losses and costs incurred by the User as a result of failure to perform the contract for reasons not attributable to him, as the User is only entitled to a full refund of the price paid and any additional charges incurred.
The Owner assumes no responsibility for any fraudulent or illegal use that may be made by third parties of credit cards, checks and other means of payment, at the time of payment, if he can prove that he has taken all possible precautions based on the science and experience of the moment and ordinary diligence.
The Cardholder shall not be liable for:
any loss of commercial opportunity and any other loss, even indirect, suffered by the User that is not a direct consequence of the breach of contract by the Owner
incorrect or unsuitable use of the Application by Users or third parties
the issue of incorrect documents or fiscal data due to errors in the data provided by the User, the latter being solely responsible for the correct entry
In no case can the Owner be held liable for a sum exceeding double the cost paid by the User.
18. Force Majeure
The Holder may not be held liable for failure or delay in the performance of his obligations, for circumstances beyond the Holder’s reasonable control due to force majeure events or, in any case, unforeseen and unforeseeable events beyond his control.
The performance of the obligations by the Holder shall be deemed suspended for the period during which force majeure events occur.
The Cardholder shall do everything in his power to find solutions that allow the correct fulfilment of his obligations despite the persistence of force majeure events.
19. Connection to third party sites
The Application may contain links to third party sites/applications. The Owner does not exercise any control over them and, therefore, is in no way responsible for the contents of these sites/applications.
Some of these links may refer to third party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the fruition of the service provided by third parties will apply to the individual services, for which the Owner assumes no responsibility.
21. Applicable law and place of jurisdiction
The Conditions are subject to Italian law.
For Consumer Users any dispute relating to the application, execution and interpretation of these Terms and Conditions will be assigned to the court of the place where the Owner resides or has elected domicile.
For Non-Consumer Users, any dispute relating to the application, execution and interpretation of these Terms and Conditions will be referred to the court of the place where the Owner is domiciled.
22. Online dispute resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and provision of services stipulated on the Internet. Consequently, the Consumer User may use this platform for the resolution of any dispute arising from the contract stipulated online. The platform is available at the following address: https://ec.europa.eu/consumers/odr/
23. Changes to the site and its conditions of use
Finally, we recommend that you also read the FAQ page where other terms and conditions of use are contained. It is not possible to pick them up at the headquarters.