TERMS OF SALE

1. Definitions

The terms below, when used with a capital letter hereinafter, shall have the following meanings, it being understood that singular terms include plurals and vice versa:

  • “Customer”: the natural person, registered on the Site, who purchases the Products there and uses the related services;
  • “Privacy Policy”: document containing the information that the Seller is required to provide pursuant to art. 13 of Regulation (EU) 2016/679 (“GDPR”) as Data Controller in relation to the processing of data provided by the Customer during the purchase of the Products;
  • “Parties”: the Seller and the Customer jointly, as parties to the contract;
  • “Products”: movable goods – such as leather goods and travel items, accessories, etc. under the Carpisa brand – displayed and sold at retail on the Site;
  • “Site”: the e-commerce site www.carpisa.it where the Products displayed can be purchased, with photographic images, price, colors, sizes, measurements and any other information useful to the Customer;
  • “Seller”: the company Kuvera Spa, tax code and VAT number 07563710636, REA number 633338, with registered office in Piazza dei Martiri n. 30, 80100 – Naples (NA) and operational headquarters in Interporto Lotto C, A19 – A20 – A2, 80035 - Nola (NA), certified email address kuvera@pec.it , manufacturer of the Products and owner of the domain name of the Site and the Carpisa trademark, as well as any other distinctive sign present on the Site.
2. Conditions and limits on the sale of Products

2.1 The Customer declares that, in purchasing the Products, he or she is acting for purposes other than any entrepreneurial, commercial, artisanal or professional activity he or she may carry out and therefore is a "consumer" pursuant to consumer law, including Legislative Decree 206/2005 (hereinafter, the "Consumer Code").
2.2 The Customer accepts that, where he/she does not qualify as a "consumer", but rather as a retailer, wholesaler or, in any case, as a person who intends to purchase the Products for the purpose of subsequent resale and/or who operates in the exercise of his/her entrepreneurial, commercial, artisanal or professional activity (including as an intermediary), these general contractual conditions will still apply, with the exception of:

  • of art. 7, for which the Customer will not be able to benefit from the guarantee indicated therein;
  • of art. 8, therefore the Customer will not be granted the right of withdrawal regulated therein;
  • of art. 13 according to which the Customer cannot invoke the mandatory provisions of the consumer protection legislation of the country in which he/she has his/her residence or appeal to the court of the place where the latter is located;
  • of any other protection provided in favor of the "consumer" Customer, which reflect mandatory provisions of law.
    Furthermore, it is understood that if the Customer is not a "consumer", the application of the United Nations Convention on Contracts for the International Sale of Goods will in any case be excluded.

2.3 The Customer acknowledges and accepts that the Products can only be shipped to the countries listed during the purchase process referred to in Article 3.1. It is understood that if the Customer chooses the "cash on delivery" payment method (i.e., payment upon delivery), such purchase will only be possible in Italy.
2.4 For the purposes of purchasing the Products, the Customer declares that he or she is the person to whom the data entered on the Site (e.g., name and surname, email address, shipping address, credit card, etc.) refers and/or that he or she is entitled to provide such data, guaranteeing their truthfulness and accuracy and undertaking to indemnify the Seller against any dispute, complaint, action, or claim by third parties in relation to the processing of said data by the Seller.

3. Methods of purchasing the Products and conclusion of the contract

3.1 To purchase the Product, the Customer, after having inserted it into the appropriate virtual cart:

  1. After reading the Privacy Policy, you must enter the data required for the purchase, such as the delivery address for the selected Products, billing information, and a telephone number to be contacted for any communications relating to the purchase, as well as any promotional codes, without prejudice to the provisions of Article 3.3. At this stage, the Customer may request customization of the Product (e.g., by inserting a special embroidery or print);
  2. by checking the relevant tick boxes,
  • If the function is available, you can request the invoice to be issued,
  • must accept these general terms and conditions,
  • You may consent to the storage of your credit card data to facilitate future purchases, as well as to the processing of your personal data by the Seller for profiled marketing purposes, as better indicated in the Privacy Policy;
  1. you must choose one of the shipping methods indicated in the following art. 4.4;
  2. must choose one of the payment methods and, unless he has chosen the "cash on delivery" option, make the payment, as better regulated by articles 5 and 6;
  3. You must check the accuracy of the data previously entered on the summary page and modify them in case of errors, then click on "buy now", definitively sending the purchase order to the Seller (hereinafter, "Order").
  4. 2 By submitting the Order, the contract between the Parties is deemed to be concluded.
  5. 3. The Customer agrees that (i) where applicable, promotional codes offered on the Site are valid only for the Products and for the period of time indicated from time to time, (ii) promotional codes are non-refundable and cannot be combined, and that (iii) to take advantage of the discounts and/or offers associated with promotional codes, the Customer in possession of such codes must enter the promotional code in the appropriate space on the Site during the procedure referred to in Article 3.1 above. It is understood that an Order cannot be cancelled or renewed to allow the use of a promotional code not previously entered by the Customer at the time of the Order.
    3bis. E-gift Card.

3bis.1. Description and validity of the E-gift Card. The "E-gift Card," available in the fixed amounts indicated on the Site, can be used by the Buyer or a third party to purchase any Product on the Site, until its value is exhausted. The E-gift Card is not nominative. The Buyer may purchase one or more E-gift Cards for themselves or as a gift to a third party, selecting the payment methods available on the site, with the exception of cash on delivery.
The purchased E-gift Card cannot be reloaded and can be used multiple times until the relevant credit is used up exclusively for the purchase of Products - with the exception of additional E-gift Cards - through the Site.
3bis.2. The E-gift Card is valid for 12 (twelve) months from the recipient's receipt of the email containing the E-gift Card code. The amount paid for the E-gift Card will be transferred to the seller as an interest-free deposit and cannot be converted into cash or credited to a credit card or bank account. The purchase of the E-gift Card is not subject to VAT pursuant to art. 2, paragraph 3, letter a), of Presidential Decree 633/1972.
3bis.3. E-gift Card Purchase Procedure. In the E-gift Card form, the Buyer will be asked to provide: sender's name, sender's email, recipient's name, recipient's email, recipient's email confirmation, and accompanying message (optional). Before sending the email, the Buyer will see a preview of the email that will be sent to the recipient of the gift card, which they can then add to their cart along with any other products they wish to purchase. If the Buyer intends to purchase an E-gift Card as a gift for a third party, they must provide the third party's name and email address during the relevant purchase process. This data will be processed exclusively to allow the Seller to send the E-gift Card to the third party via email and to fulfill the Seller's resulting obligations. This data (third party's name and email address) will be retained only until the email containing the E-Gift Card details is sent, after which the third party's data processed for the purposes indicated herein will be deleted. The Buyer is advised and acknowledges that incorrectly providing the third party's email address to whom the E-Gift Card is to be sent, as indicated by the Buyer during the E-Gift Card purchase process, will result in the third party being unable to receive and use the E-Gift Card, without the Seller being held liable for this.
3bis.4. How to use the E-gift Card. The E-gift Card can be used to purchase any Product on the Site, including to cover shipping costs and, if available on the Site, promotional items and/or gift wrapping. The E-gift Card cannot be used to purchase additional E-gift Cards. Multiple E-gift Cards may be used for the same order of Products on the Site. To purchase Products using an E-gift Card, you must enter the E-gift Card code in the appropriate field on the virtual shopping cart page. The E-gift Card can be used for multiple purchases on the Site until the credited amount is used up, within the validity period of the card. If the total amount of the order exceeds the credit available on the E-gift Card, the remaining amount must be paid by the Buyer using one of the payment methods available on the Site in order to complete the order. After the expiry of its validity period (12 months), the E-gift Card can no longer be used and any remaining credit on the E-gift Card will not be refunded.
3bis.5. The Buyer is expressly warned and acknowledges that knowledge of the E-gift Card code allows its use by anyone through the Site: said code must therefore be diligently stored and safeguarded by the recipient of the email. With regard to the use of the E-gift Card, it is understood that between the Buyer or the third party to whom the E-gift Card has been gifted and the Seller, the terms resulting from the records, including electronic records, of the Seller's sales system will be binding.
3bis.6. Right of withdrawal from the purchase of Products using an E-gift Card. In the event of the purchase of one or more Products using an E-gift Card, the Buyer will have the right to exercise the right of withdrawal, with the exception of purchase orders including one or more personalized Products. In the event that the Buyer exercises the right of withdrawal relating to the purchase of Products paid for, partially or totally, with credit deriving from an E-gift Card, if the conditions set out in these conditions of sale are met, the amount paid for the purchase order for which the right of withdrawal is being exercised will be credited back, for the amount paid via E-gift Card, to the E-gift Card itself, while any remaining amount paid with another payment method will be refunded via the same payment method selected by the Buyer at the time of order confirmation. The Buyer or third party can check the balance of their E-gift Cards (residual credit) in the virtual shopping cart section, in the appropriate field, after entering the E-gift Card code.

4. Execution of the contract and delivery of the Product

4.1 Upon receipt of the Order, the Seller will send a summary email, including a detailed indication of the price, shipping costs and applicable taxes, the essential characteristics of the chosen Product, as well as a link to these contractual conditions in a downloadable and storable format.
4.2 Once the purchased Product has been shipped, the Customer will receive a shipping confirmation email and will be able to check the status of the shipment in the "my account" section on the Site.
4.3 The Seller ships to Italy via BRT dpdgroup, which provides delivery in approximately 1-3 working days throughout the country/in most Italian locations and with flexible delivery methods (Saturdays, evenings, by appointment, delivery to a neighbor, etc.). In any case, the Seller undertakes to complete delivery within a maximum of 30 (thirty) days from the date of sending the confirmation email referred to in Article 4.1 above, without prejudice to the provisions of Article 61 of the Consumer Code.
4.4 The Customer may request delivery of the Product to his/her own address (e.g. residence), or, if available, to a nearest Seller point of sale.
4.5 The Parties acknowledge that:

  • If the Customer is absent at the address indicated by them at the time of delivery, a further delivery attempt is guaranteed; in this case, the courier will leave a notice informing the Customer that a second delivery attempt will be made the following working day;
  • If the Customer is also absent on that day (second attempt), the Customer will be contacted by the carrier to arrange a new delivery attempt for the Ordered Product. If this attempt is also unsuccessful, the Product will be placed in "storage" for 10 days at the carrier's branch closest to the shipping address indicated by the Customer. During this period, the Customer will be contacted by the Seller's customer service to release the product from storage. If the Product is not collected within the storage period, the Order will be considered cancelled and the carrier will return the Product to the Seller, who will refund any amounts already paid by the Customer using the same payment method (minus any return costs incurred by the Seller).

4.6 The Customer undertakes to promptly check, no later than 8 (eight) days after delivery, that the delivery includes all and only the purchased Products and to promptly inform the Seller of any defects in the Products received or any discrepancies from the Order. If the packaging and/or wrapping of the Products ordered by the Customer arrive at their destination visibly damaged, the Customer is invited to refuse delivery from the carrier or to accept delivery "with reservations." Once the above-mentioned deadline has elapsed without the Customer having raised any complaints, the delivered Products will be deemed definitively accepted, without prejudice to the provisions of Articles 7 and 8 below.
4.7 The Customer acknowledges and accepts that Product stocks are limited and that, therefore, the information on the Site regarding Product availability is purely indicative and that some Products may not be available (e.g., because they are out of stock). If it is impossible to fulfill the Order due to Product unavailability, even temporary, the Seller will notify the Customer within 30 days of receiving the Order, refunding any amounts already paid by the Customer using the same payment method.
4.8 The Seller reserves the right not to process the Order if the Customer is a person with whom the Seller has or has had a legal dispute, or who has been involved in fraud of any kind (including those relating to credit card payments and/or the release of identification data that proves to be false/incomplete). In any case, the Seller will refund any sums already paid by the Customer using the same payment method.

5. Price and any customs clearance costs

5.1 The Parties agree that the price of the Product is that indicated on the Site page referred to in Article 3.1, point 6 (the "summary" page) and includes standard packaging costs, VAT (at the VAT rate applicable on the day of the Order) and any additional taxes (if applicable), to which are added shipping costs which are calculated based on the place to which the Product is to be delivered and the payment method chosen in accordance with the provisions of Article 6 - in particular, the "cash on delivery" method referred to in Article 6, letter c), entails an additional cost of 3 (three) euros - which the Customer undertakes to pay to the Seller in addition to the price of the Product.
5.2 The Customer therefore undertakes to pay the Seller the total price referred to in the previous paragraph, as reported in the order referred to in art. 3.1 point 6 and in the Order confirmation sent by email to the Customer referred to in art. 4.1 (hereinafter, the “Price”).

6. Payments

6.1 The Customer may pay the Price to the Seller using one of these payment methods:
a. credit card, as better indicated in the following art. 6.2;
b. PayPal or Amazon Pay (after choosing this payment method, the Customer will be redirected to the relevant website, where he/she will have to enter his/her data, which will be processed only by the companies that provide these services, and proceed with the payment);
c. so-called “cash on delivery”, i.e. cash payment upon delivery of the Product (this payment method is only available for shipments within Italy and for non-personalized products; upon delivery, payment can only be made in cash; the Customer must prepare the exact amount in cash as the carrier may not be able to give change. Please note that this payment method may not be available during certain periods).
6.2 With regard to the payment method referred to in Article 6.1, letter a., the Customer acknowledges that the Seller accepts Visa, MasterCard, American Express, Maestro, and PostePay credit cards, as well as any other credit cards entered on the Site and which the Customer can view and select in the step indicated in Article 3.1, no. 4. The Seller will do its utmost to ensure maximum security for Customers thanks to the most widely used encryption solution on the market. The Customer will be directed to the secure payment site of the company Adyen, which implements the SSL security standard. Confidential data is transmitted in encrypted form to Adyen. For more information, please visit www.adyen.com . As part of its anti-fraud policy, the Seller uses 3D Secure payment for orders paid by Visa and MasterCard. 3D Secure (also known as "Verified by Visa" or "MasterCard SecureCode") is a payment system using authentication that enhances security when making online purchases. At the time of payment, the customer's bank verifies the cardholder's identity before confirming the transaction. After entering their card details, the customer will be redirected to their bank's website where they will be asked to identify themselves (according to their own procedure, e.g., confirmation via app). The customer's payment information (credit card number, credit card expiration date, etc.) will be processed exclusively by Adyen and will never be accessed by or disclosed to the seller.
6.3 The Customer acknowledges and accepts that, for security, fraud prevention and/or credit protection purposes, the Seller may request information and/or supporting documents from the Customer (e.g., request a copy of the Customer's identity card and/or certain identification numbers of the credit card used) and to apply any measures deemed necessary (e.g., canceling the Order or deactivating the personal "my account" profile). Furthermore, after 10 (ten) days from the date of invoicing or notification of refusal of bank payment or any unsuccessful payment attempt, the legal interest rate plus three percentage points will apply to the amount due and, consequently, the shipment of any new Order may be suspended until the previous Order has been successfully paid.

7. Seller's legal guarantee of conformity, reporting of defects of conformity and interventions under warranty

7.1 The Parties acknowledge that the Products are covered by a legal guarantee of conformity pursuant to Articles 128 et seq. of the Consumer Code and, in particular, that the Customer has the right – in the event of non-conformity of the Product (e.g. any defects), in compliance with the provisions of the following paragraph – to have the Product's conformity restored, at no cost to the Customer, by repairing or replacing the Product or by refunding the Price.
7.2 Under penalty of forfeiture, the Customer is required to report any non-conformities within and no later than 2 (two) months of discovering the lack of conformity by writing to customercare@carpisa.it , indicating in the subject line of the email "Damaged, non-compliant, or incorrectly shipped Product", reporting the non-conformity found and attaching (i) at least 1 (one) photograph of the Product in which the defect is clearly visible and (ii) the Order confirmation and/or receipt. The Customer will then receive an email with instructions for shipping the Product so that the Seller can verify the actual existence of the non-conformity. If the Seller ascertains the non-conformity, the Seller will repair or replace the Product or refund the Price using the same payment method used by the Customer (in the case of cash on delivery, by bank transfer to the details indicated by the Customer).
7.3 It remains understood that the action aimed at asserting defects not fraudulently concealed by the Seller expires, in any case, within 26 (twenty-six) months from delivery of the Product, without prejudice to the Customer's right to assert defects of conformity promptly reported.
7.4 Conventional or additional guarantee
CARPISA products are rigorously tested to ensure compliance with the strictest quality standards. For this reason, in addition to the legal guarantee pursuant to Articles 128-135 of the Consumer Code (Legislative Decree No. 206/2005) which exclusively covers defects of conformity occurring within a maximum period of 24 months, CARPISA offers an additional guarantee for some of its products, where expressly specified. The duration of this additional guarantee is indicated on the relevant information sheet inside the Products. The Conventional or Additional Guarantee does not replace or limit the Legal Guarantee of conformity. This guarantee is valid only for the first purchaser or first recipient of the Products and covers only manufacturing defects relating to the materials. It does not cover any damage resulting from:
• improper use (transportation of unusual objects)
• negligence,
• accidents,
• abrasions,
• exposure to excessive temperatures, solvents, acids, water,
To benefit from the additional warranty, you must present the duly completed warranty certificate or the original purchase receipt, invoice, or tax receipt to a CARPISA STORE. The Carpisa Service Center will determine whether the problem is covered by the additional warranty. If so, the product will be replaced. If identical products are not available, the replacement will be made with equivalent products.

8. Right of withdrawal – conditions for returning Products

8.1 Subject to the exceptions set forth in Article 59 of the Consumer Code, the Customer is entitled to withdraw from the contract (pursuant to Articles 52 et seq. of the Consumer Code), without having to provide any reason and without incurring any penalty, within 14 (fourteen) days from the date of delivery of the Product, following the instructions published on the Website in the "Returns" section.
8.2 It is understood that the right of withdrawal from the contract can be exercised provided that:

  • the Products to be returned have not been worn, ironed, washed or treated in any way;
  • the Products are returned in the same conditions in which they were shipped to the Customer and, in particular, are packaged and wrapped appropriately and the Product labels, both fabric and hanging, are intact;
  • the Product to be returned must be physically delivered to the courier for return purposes within and no later than 30 days from the date of delivery of the Product;
  • the return instructions in the preceding paragraph are correctly followed.

8.3 Once the product has been returned by the Customer, the Seller will assess the condition of the Product and, if it finds that one or more of the above conditions are not met, reserves the right not to accept the returned Product and to send it back to the Customer at the latter's expense, or to charge the latter for any costs that may be necessary to ensure its resale.
8.4 It is also understood that the return shipment of the Product is at the Customer's risk and, therefore, the Seller cannot be held responsible for losses or damages attributable to the Customer (e.g. inadequate packaging).
8.5 In the event of withdrawal, to the extent that the Customer has complied with the return instructions and the conditions specified in Articles 8.1 and 8.2 above, the Seller will send the Customer a confirmation email and will refund the Price – net of any duties or taxes applied to the return shipment or any costs for returning the product – within 30 days of sending such email using the same payment method (in the case of cash on delivery, by bank transfer to the account indicated by the Customer). It is understood that, as better specified in the "Returns" section of the Site, in the event of so-called "partial" withdrawal – that is, when the Customer, having placed an Order for multiple Products, decides to return only a portion of them (e.g., returning one Product out of three purchased in total) – the delivery costs will be refunded in proportion to the number of Products returned.

8bis. Right of withdrawal from the purchase of an E-gift Card. The Buyer is entitled to withdraw from the purchase contract for an E-gift Card, without penalty, within 14 (fourteen) days of purchasing the relevant E-gift Card, i.e., from the date of receipt of the email. The right of withdrawal referred to in this paragraph is expressly excluded and cannot be exercised with reference to an E-gift Card partially or fully used to purchase Products on the Site.
To exercise the right of withdrawal, if the deadline referred to in the previous paragraph has not expired and the E-gift Card has not been used, in whole or in part, to purchase Products on the Site, the Buyer must inform the Seller of his decision to withdraw by sending an explicit declaration to the following contact form: www.carpisa.it/it_it/contacts
Following the provisions of the previous paragraph, the Buyer will receive an email confirming the withdrawal and deactivation of the E-gift Card, containing:
(i) the order number from which you are withdrawing,
(ii) the code of the E-gift Card subject to withdrawal and deactivation - with the last characters obscured in the case of purchase of an E-gift Card given as a gift to a third party;
(iii) the expiry date and value of the E-gift Card.
In the event of withdrawal exercised in relation to an E-gift Card purchased as a gift to a third party, the latter will receive an email informing them of the deactivation of the E-gift Card as a result of the exercise of the right of withdrawal by the Buyer.
In the event of withdrawal pursuant to this paragraph, the Buyer will be refunded the payment made for the purchase of the E-gift Card, no later than 14 (fourteen) days after notification of the intention to exercise the right of withdrawal. This refund will be made using the same payment method used by the Buyer to purchase the E-gift Card.

9. Customized products

9.1 As indicated in art. 3.1, n. 1 and in the specific section on the Site, the Customer can take advantage of the Product customization service,
9.2 The Customer acknowledges that, where he/she personalises the Product subject to the Order:

  • your right of withdrawal is excluded, in accordance with the provisions of art. 59, letter c), of the Consumer Code;
  • Payment on delivery is not permitted.
10. Product Features

10.1 The Customer can access information on the Products by browsing the Site's catalogue, where he/she can find, in particular, information on the main characteristics of the Products (images, description, available colours, price, etc.).
10.2 The Customer acknowledges and accepts that the images of the Products displayed on the Site are indicative only. Although the Seller takes every effort to ensure that the photographs are faithful reproductions of the Products, variations are possible due to the technical characteristics (e.g., color resolution) of the device used by the Customer to browse the Site. Therefore, the images of the Products displayed may not correspond to the actual ones. Therefore, the Seller will not be held responsible for any discrepancies between the images and the delivered Product due to the aforementioned reasons.
10.3 Prices, Products for sale on the Site and/or their characteristics are subject to change without notice and it is therefore the Customer's responsibility to re-check such information before proceeding with the Order.

11. Customer Care

The Customer may use customer care services in relation to their Order (requests for further information on the Products, reports of poor service or aspects of the Site requiring improvement, questions about return procedures, complaints, etc.) by using the "contact us" service on the Site, without prejudice to the right to contact the Seller using the contact details indicated in Article 1.

12. Intellectual property rights

12.1 The Customer declares to be informed that all trademarks, names, as well as any distinctive sign, denomination, image, photograph, written text or graphic used on the Site or relating to the Products are and remain the exclusive property of the Seller and/or its successors in title, without access to the Site and/or the purchase of the Products being able to derive any right over the same.
12.2 It is understood that the contents of the Site may not be reproduced, either in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of the Seller.

13. Applicable law, competent court and conciliation attempt

13.1 The contract is governed by Italian law and will be interpreted in accordance with it, without prejudice to the applicability of the mandatory provisions of the legislation of the country in which the Customer, as a consumer, has his or her residence.
13.2 In the event of disputes between the Parties, the Customer has the right to (i) avail of the joint conciliation procedure (which can be used after 45 days from the date of sending a written complaint) by sending the request to the e-mail address conciliazione@consorzionetcomm.it or to the fax number 02/87181126 (for further information, please refer to the relevant website) or (ii) access the European Online Dispute Resolution platform, developed and managed by the European Commission, in compliance with Directive 2013/11/EU and Regulation (EU) 2013/524, in order to facilitate the out-of-court resolution of disputes concerning contractual obligations arising from online sales or service contracts between a consumer resident in the European Union and a professional established in the European Union through the intervention of an ADR (“alternative dispute resolution”) body that has joined it, selectable from a specific list available therein. For further information on this platform or to initiate, through it, an alternative dispute resolution procedure relating to the contract, the Customer can access the following link: http://ec.europa.eu/odr (the Seller's email address to be indicated is kuvera@pec.it ).
13.3 For all disputes relating to the contract between the Parties, the Customer may take action before the judge of the place of residence or domicile or, at his choice, before the Court of Milan.


14. Provision of legal documentation

14.1 These general terms and conditions are always available for consultation via the Site footer and download in PDF format. They are also made available to the Customer at the time of purchase pursuant to Article 3.1 and in the email communication referred to in Article 4.1.
14.2 The legal documentation is drawn up in all languages ​​of the countries in which a translated version of the Site exists.

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