CONTIGO GENERAL TERMS AND CONDITIONS OF PURCHASE
1. INTRODUCTION
This document (together with the documents referred to herein) contains the conditions governing the use of this website (https://en.contigo.it) and the purchase of items contained therein.
Please read these Terms and Conditions, the Cookies Policy and the Privacy Policy carefully before using this website. We inform you that the use of this website, or the transmission of an order through it, implies acceptance of these Terms and Conditions and of the Data Protection Policies, so if you do not agree with all these Terms and Conditions and Data Protection Policies, please do not use this website.
For any queries, doubts or questions regarding the Terms and Conditions and the Data Protection Policies, please contact us by writing to contigo@contigo.it .
2. OUR DATA
The sale of products through this site is managed by Mariotti S.r.l. with registered office in Via Torino 118, Settimo T.se, (TO) – 10036 Italy, Fiscal Code and VAT no. 05763200010, REA TO- 733537, share capital of Euro 11,000.00, e-mail address contigo@contigo.it, contact data can be found in the “contacts” section of this site https://en.contigo.it.
3. YOUR DATA AND YOUR ACCESS TO OUR WEBSITE
The information or personal data provided by the user will be processed in accordance with the Data Protection Policies. By using the website, you authorise us to process such information and personal data and you declare that all information and/or personal data provided to us is accurate and true.
4. USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree:
- to make use of the website only to make legally valid consultations or orders;
- not to place false or fraudulent orders. If we have plausible reasons to believe that an order of this nature has been placed, we shall be authorised to cancel it and inform the competent authorities;
- to provide us with your e-mail address, mail address and/or other contact details truthfully and correctly.
Likewise, you consent to the use of this information by us to contact you (if necessary, please read the Data Protection Privacy Policy).
If you do not provide us with all the information we require, we will not be able to process your order.
By placing an order through this website, you declare to be of legal age (over 18 years) and have the legal authority to enter into binding contracts.
5. SERVICE AVAILABILITY
The items offered through this website are only available for delivery to the territories indicated in the shipping phase.
6. CONTRACT IMPLEMENTATION
The information in these Terms and Conditions and the details contained on this website do not constitute an offer to the public, but merely an invitation to make a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and a debit has already been made to your account, the amount will be returned to you in full.
To place an order, you must follow the online purchasing process and click on the payment link. You will then receive an e-mail confirming receipt of your order. It is understood that this does not imply acceptance of your order since the same constitutes an offer that you make to us for the purchase of one or more products. All orders will be subject to our approval of which you will be informed via an e-mail confirming that the order is being shipped. The contract for the purchase of a product between us and you will only be legally entered into when we send you the Shipment Confirmation.
Only the products indicated in the Shipment Confirmation shall be the subject of the Contract. We shall not be obliged to supply you with any other product that has not been ordered until we confirm to you in the Shipment Confirmation that such product has been dispatched.
7. PRODUCT AVAILABILITY
All product orders are subject to product availability. As such, in case of supply problems, or if there are no items in stock, we reserve the right to provide you with information on replacement products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any sums already paid by you.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content thereof. Although we will always endeavour to fulfil all orders, exceptional circumstances may arise that require us to refuse to process orders after the Order Confirmation has been sent, and we reserve the right to do so at any time.
We shall not be liable to you or to any third party for the removal of any product from this website, for the deletion or modification of any material or content on the website, or for any failure to process your order after the Order Confirmation has been sent.
9. DELIVERY
Without prejudice to the provisions of Article 7 above and unless in case of extraordinary circumstances, we undertake to make our best to dispatch the order for the product(s) specified in the relevant Shipment Confirmation within the date specified in such Confirmation or, if no delivery date is specified, within the term estimated at the time of selection of the delivery method and, in any case, within maximum 14 days from the date of the Order Confirmation.
However, delays may occur for various reasons such as unforeseen circumstances or the delivery area.
If, for any reason, we are unable to meet the delivery terms, we will inform you and give you the possibility to choose whether to continue the purchase by setting a new delivery date, or cancel the order with consequent refund of the full amount paid. Please note that home deliveries are not made on Saturdays and Sundays.
For the purposes of these Terms and Conditions, “delivery” shall be deemed to have taken place, i.e. the order shall be deemed to have been “delivered” through the collection by you or by a third party indicated by you of the delivered products or the check of the products, which shall be evidenced by the signing of the order receipt at the agreed shipping address.
9.1. Delivery at the point of sale in Italy
Should you decide to collect your order at a specific point of sale of ours, when the order is prepared we will inform you by e-mail that the order is ready for collection.
You may collect your order in person (by showing your order number and an identity document) or through another person authorised to collect the order on your behalf. In this case, the authorised person must present the order number and an identity document.
Since this is a contract for the remote sale of goods, if your purchase was made through the “delivery to point of sale” service, these Terms and Conditions, and any other applicable regulations, shall apply.
9.2 Impossibility to deliver
If we are unable to complete the delivery of your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In that case, we will leave you a notice stating the location of your order and how to arrange for a new delivery. If you can not be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date.
10. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
The risks relating to the products shall pass to you upon delivery.
You shall acquire ownership of the products as soon as we have received full payment of all amounts due in respect thereof, including shipping costs, or at the time of delivery (as defined in Article 9 above), if this occurs at a later date.
11. PRICE AND PAYMENT
11.1. Price
The price of the products will be as indicated on our website from time to time, except where there is an obvious error. Although we do everything in our power to ensure that all prices shown on the website are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct amount or cancelling it. If we are unable to get in touch with you, the order will be cancelled and you will be refunded the full amount paid.
We shall not be obliged to supply the product(s) to you at the incorrectly indicated lower price (even if we have already sent you the Shipment Confirmation) if the error in the price was obvious and unambiguous and therefore if it was reasonably possible for you to identify it as incorrect.
The prices on the website do not include the shipping costs, which are to be added to the total amount to be paid.
Prices may change at any time; however (except where previously agreed) possible changes will not affect orders for which we have already sent an Order Confirmation.
Once you have selected the items you wish to purchase, these will be added to your shopping cart and the next step will be to complete your order and make payment. To do so, you must follow the purchase instructions, entering or verifying the required information at each step of the purchase process, and requesting the issuance of an invoice if desired. Furthermore, you may change the details of your order at any time during the purchasing process before payment.
11.2 Payment
You can pay by Visa, Mastercard, American Express and via PayPal.
To reduce the risk of unauthorised access, the card data will be encrypted. Once we receive your order, we will pre-authorise your credit card to ensure that you have sufficient funds to complete the transaction.
Your card will be debited the moment your order leaves our warehouse.
If the chosen method of payment is PayPal, the charge will be made at the time the order is confirmed.
Clicking on the payment link will confirm that the credit card belongs to you.
Credit cards shall be subject to verification and authorisation by the credit card issuer, but if that entity does not authorise payment, we shall not be liable for any delay or non-delivery and shall not be able to conclude any Contract with you.
12. PURCHASE AS A GUEST
The function of purchasing products as a guest is also available on this website. With this purchase method, you will only be asked for those data that are essential to process your order. During the purchase process, you will be offered the option of registering as a user or continuing as an unregistered user.
13. RETURN/EXCHANGE POLICY
13.1 Product return
To exercise your right of withdrawal, you must inform us by filling in the contact form on the website https://en.contigo.it within 14 days from the day on which you, or a third party other than the carrier and designated by you, physically receive the goods.
Your right to withdraw from the Contract shall apply exclusively to those products returned in the same condition in which you received them. Please note that in the event of a return, you are responsible for the contents of the package being returned.
No refund will be made, regardless of the return options you have chosen, if:
- the package received contained an incorrect and/or different item from the product ordered or to be returned;
- the product was used;
- the products are not in the same condition as when they were delivered or if they have been damaged.
We therefore ask you to be careful with returns and to take care of the products until the return shipment. Please return the item by using or including the original wrapping in the package.
In the aforementioned case, i.e., in the event of an error in the contents of the package you are returning, we shall be entitled to charge you for the transport costs if we can handle and return the package received to you.
After filling in the contact form on the website https://en.contigo.it, you can return the product by sending it back to Mariotti srl, to the attention of “Uff. Resi, Via Torino, 118-10036 Settimo T.se (TO) Italy” or by delivering it to any Contigo shop in Italy, without undue delay and, in any case, within 14 days from the day on which you informed us of your withdrawal from the Contract. The deadline is met if you return the goods before the expiry of the 14-day period. You shall bear the direct costs of returning the goods.
If you decide to return the product to a Contigo shop in Italy, you must go to the shop in person and deliver the item together with the electronic receipt that you received with the Shipment Confirmation.
After assessing the condition of the item, we will inform you whether you are entitled to a refund of the amount paid. The refund will always be made via the payment method used to make the purchase.
You shall bear the costs and risks of returning the products, as stated above.
If you have any questions, please contact us via our contact form or write to contigo@contigo.it.
13.2 Size change
Without prejudice to the previous paragraphs, once you have received the item, if you wish to change the size of the purchased product, you may request a size change without additional delivery costs for the new product, provided that you return the original item in the same conditions in which it was delivered, free of damage and within the terms set out in these Terms and Conditions.
You may then request a size exchange by filling in the contact form on the website https://en.contigo.it within 14 days from the day on which you, or a third party other than the carrier and designated by you, physically receive the goods.
The return procedures are the same as those explained in point 14.1.
After receiving and assessing the condition of the item, we will send you the requested size if available or you will be entitled to a refund of the amount paid. The refund will always be made via the payment method used to make the purchase.
13.3 Return of defective products
If you believe that upon delivery the product does not comply with the terms of the Contract, you shall immediately contact us using our contact form, stating the details of the product as well as the found damage, and we will inform you of the procedure to be followed.
You must return the product to the address indicated in the electronic document you will receive together with the Shipment Confirmation or to any Contigo store in Italy. We will carefully examine the returned product and inform you by e-mail, within a reasonable time, whether we will refund or replace the product (as the case may be). The refund and/or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date when we sent you an e-mail confirming that we would proceed with the refund or replacement of the unsuitable item.
The amount paid for products that will be returned due to damage or defect, if any, will be refunded in full, excluding the delivery costs incurred in sending the item and returning it to you. The refund will be made via the payment method used to make the purchase.
All rights recognised under current legislation remain unaffected.
14. LIABILITY AND EXEMPTION FROM LIABILITY
Unless otherwise provided for in these Terms and Conditions, our liability in respect of products purchased on our website shall be limited exclusively to the purchase price of the product in question.
Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:
- death or personal injury resulting from our negligence;
- cases of fraud or fraudulent activity; or
- any circumstances in which it would be illegal or unlawful for us to exclude,
limit or attempt to limit or exclude our liability.
Notwithstanding the preceding paragraph and to the extent permitted by applicable law, and except as otherwise provided in these Terms and Conditions, we shall not accept any liability for consequential damages, such as:
- loss of profit;
- loss of turnover;
loss of income or loss of contracts; - loss of expected savings;
- loss of data; and
waste of office administration time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless otherwise expressly stated.
All product descriptions, information and materials shown on the website are provided “as is” and without express or implied warranties, except those provided by law. As such, if you are purchasing as a consumer or user, we undertake to deliver products compliant with the Contract, remaining liable for any lack of conformity existing at the time of delivery. It is understood that the products are in compliance with the Contract if:
- they comply with the description provided by us and feature the qualities declared on this website;
- they are suitable for the use for which the products are usually intended;
- they show qualities and characteristics that are normal in products of the same type and can reasonably be expected. To the extent permitted by law, we exclude all warranties except those that cannot be legitimately excluded against consumers and users.
Our products, especially those made by hand, display the natural characteristics of the materials used in manufacture. Natural characteristics such as grain, surface texture or colour variation are not to be understood as imperfections or defects. On the contrary, the lack of uniformity due to the ́use of natural raw materials must be expected and appreciated. We only select products of the highest quality, but this type of variation is inevitable and must be accepted as part of the product characteristic look.
These provisions do not in any way limit the rights granted to consumers under applicable law nor your rights to terminate the Contract.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyrights, trademarks and any intellectual property rights in the materials or content presented as part of the website are owned by us and those who have licensed us to use them. You may use such material only in the manner for which you receive express authorisation from us or from those who have granted us a licence for their use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact details.
16. VIRUSES, PIRACY AND OTHER CYBER-ATTACK RISKS
You must avoid any misuse of this website and avoid introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If not authorised, you must not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You undertake not to perform DoS attacks against this website.
Failure to comply with this clause could lead to violations as defined by the relevant legislation. In case of non-compliance, we will inform the competent authorities, with whom we will cooperate to identify those responsible for the attack. Likewise, in case of non-compliance with this Article, your authorisation to use the website will be immediately withdrawn.
To the fullest extent permitted by applicable law and with respect for the fundamental rights of consumers, we accept no liability for any damage or loss resulting from a DoS attack, virus or other program or material that may cause technological damage to your computer, computer equipment, data or materials as a result of your use of our website or downloading content from it or redirecting you to it.
17. LINKS FROM OUR WEBSITE
Should our website contain links to other pages or materials of third parties, such links are provided for information purposes only, without any control on our part over the content or materials contained on such pages or websites. We therefore accept no liability for any damage or loss resulting from their use.
18. WRITTEN COMMUNICATIONS
Applicable law requires that part of the information or communications we send you be in writing. In using this website, you agree that most communications exchanged with us will be in electronic format. We will contact you by e-mail, or provide you with information by posting notices on this website. For contractual purposes, you consent to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit the rights recognised by the legislation in force.
19. NOTIFICATIONS
All communications addressed to us should preferably be sent using our online form. Without prejudice to what is specified in article 19, we reserve the right to send you any communications to the e-mail address provided to us at the time of placing the order.
Communications shall be deemed to have been received and properly notified respectively when posted on our website, 24 hours after sending an e-mail, i.e. three days after the date of sending. To prove notification of a communication, it will be enough to prove in case of an e-mail, that it was sent to the recipient’s e-mail address
20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract between you and us is binding on both you and us, as well as on our respective successors and assignees
You are prohibited from transferring or assigning in any way the Contract or any of your rights or obligations under it without our prior written consent. We shall be entitled to freely transfer, assign, sub-contract or dispose of the Contract or any rights or obligations arising therefrom in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contracting or other disposition of the Contract shall not affect your rights as a consumer or in any way diminish, reduce or limit any of the warranties or liabilities offered by us, express or implied.
21. FORCE MAJEURE
We shall not be liable in any way for failures or delays in the performance of any of our obligations under the Contract caused by events beyond our reasonable control (“Force Majeure Events”).
Force Majeure Events shall mean any act, event, failure to act, omission or accident beyond reasonable control; such expression shall include but not be limited to the following:
- strikes, lockouts or other labour unrest;
- uprisings, riots, invasion, terrorist attacks or threats of terrorist attacks, wars (declared and undeclared), or threats of war;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- inability to use railways, shipping by sea, air, motor transport or other means of public or private transport;
- inability to use public or private telecommunications networks;
- acts, decrees, laws, regulations or restrictions of any government;
- any strike, disaster or accident at sea, in the post office or other relevant means of transport.
It is understood that the performance of the obligations under the Contract will remain suspended for the duration of the Force Majeure Events. We shall be granted an extension for the performance of the Contract equal to the duration of that period. It is understood that, even in case of Force Majeure Events, we shall endeavour to find a solution by which we can fulfil our contractual obligations.
22. WAIVER
Should we fail, during the performance of the Contract, to demand the exact fulfilment of any of your obligations, or of any of the obligations under these General Terms and Conditions, or should we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Terms and Conditions, this shall not constitute a waiver of such rights or actions and shall not relieve you from the fulfilment of the obligations concerned.
Any forbearance on our part of a breach by you shall not constitute a waiver of our right to react in case of a subsequent breach.
No waiver by you of any of your obligations under the Contract or these General Terms and Conditions shall be valid unless communicated to you in writing in accordance with the preceding articles.
23. PARTIAL NULLITY
Should any article of the General Terms and Conditions, or any part thereof, or any of the provisions of the Contract be held invalid, unlawful or unenforceable by the competent authority, such article, clause or provision shall be deemed to be unenforceable, while the other articles, clauses and provisions shall remain valid to the fullest extent permitted by law.
24. INTEGRITY OF THE CONTRACT
These General Terms and Conditions, as well as any document expressly referred to in them, represent the entire agreement between you and us concerning the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or written.
Both you and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written during negotiations prior to the Contract, but only on what is expressly stated in these Terms and Conditions.
Both you and we shall be entitled to remedy any misrepresentation made by the other party, whether orally or in writing, prior to the date of each Contract (unless such misrepresentation was made fraudulently) and the only action that the other party may take shall be for breach of Contract as set out in these Terms and Conditions.
25. RIGHT TO AMEND THESE TERMS AND CONDITIONS
We reserve the right to review and amend these Terms and Conditions at any time.
You shall be subject to the General Terms and Conditions in force at the time of the order, unless a change in the General Terms and Conditions or the Data Protection Policies is required by law or at the request of a government authority (in which case it shall also apply to orders already placed with us).
26. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products via that website are governed by Italian law.
For any dispute arising out of or in connection with the use of the website or such contracts, the court of the place of residence or domicile of the consumer shall have jurisdiction.
If you are entering into the Contract as a consumer, this clause in no way affects your statutory rights as a consumer.
27. COMMENTS AND SUGGESTIONS
Your comments and suggestions are always welcome. Please send them via our contact form.
If you, as a consumer, feel that your rights have been infringed, you may address your complaints to us via the e-mail address contigo@contigo.it in order to seek an out-of-court settlement of the dispute.
If the acquisition between you and us took place online via our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court settlement of consumer disputes via the website http://ec.europa.eu/consumers/odr/
28. REVIEWS
In order to continuously improve our service and products, we send a notification after each completed order for an optional review request.
If you do not wish to receive notifications about reviews, you can unsubscribe by clicking on the appropriate link in the e-mail you receive.
The service handling the reviews is Customer Reviews Ltd and the data is processed according to the terms and conditions which can be viewed at this link.