This document contains the terms and conditions under which the use of the www.carolazeta.com website is permitted and under which the service offered by the website owner to the customer and the relationship between the customer and the third-party vendor is governed.
1 - Definitions
To allow better understanding and timely acceptance of the full content of this document, the following terms (used in the singular and/or plural) have the following meanings:
Conditions: This contract that governs the agreements on the use of the Application as well as the relations between the Owner and the User and between the Owner and the Customer.
Owner: MKT S.r.l. - with Registered Office in Via Michele di Lando 10 - 00162 Rome; VAT Number / Tax Code 16177961006
Application: Website: www.carolazeta.com
Content: Any textual or multimedia element ( including, but not limited to: product descriptions, images, advertisements, reviews, pictures, etc.) featured on the Application or available on it, even at the User's request, for purely descriptive purposes.
Use: Use of the Application by the User, through free access and free use of the Content.
User: Any person who uses the Application through free access and free use of the Content.
Customer: Any natural person and any partnership or corporation, that is interested in purchasing and purchases the Product, identified through the scrutiny of the Content, for purposes unrelated to its entrepreneurial, commercial, handicraft, or professional activity, and that, to this end, signs the Agreement by telematics means.
Product: Any item, garment, or accessory that the Customer identifies through the Use of the Application and that he/she is interested in purchasing and buying.
Agreement: Legal transaction in accordance with the rules of the mandate with representation, signed electronically at the time of the purchase order, and which authorizes the Owner to operate in the name and on behalf of the Customer, also in the online purchase of the chosen Product; and thus, to receive on deposit from the Customer the sum necessary for the payment of the Product, as well as the Commission, by way of price for the Service provision.
Order: Provision of the Customer about the product he/she intends to purchase, which is also valid as a contractual proposal of Agreement and request for the Service, subject to confirmation and/or acceptance by the Owner. The Order is considered concluded at the time of delivery of the Product to the carrier.
Service: Service provided by the Owner to the Customer, according to the rules of the mandate with representation, consisting in purchasing the Product chosen in the name and on behalf of the Customer; also obtaining the sum of money necessary to pay for the Product on deposit, and the amount identified for the Commission.
Commission: Variable price for the Service provision, already contained in the cost indicated for the Product, whose amount is invoiced by the Owner to the Customer, according to the tax regime applicable in Italy.
Third Party Vendor: The natural person or legal entity, other than the Owner, who offers the Product on the web and from whom the Owner - with a mandate with representation - purchases the Product chosen by the Customer in the name and on behalf of the latter; and who sends directly to the Customer the Product purchased by the Owner in the name and on behalf of the Customer, and who invoices the latter directly.
2 – The Application
The Application hosts a platform managed by the Owner and contains textual and/or multimedia elements.
The Users can, therefore, purchase Products supplied by the Owner or Products of Third Party Vendors on the Application.
3 - Relations between the Owner and the User
The Use of the Application by the User is free of charge.
The User - by accessing the Use of the Application - subscribes to and accepts the Conditions of Use of the Application, as well as the Conditions governing the relationship between the User and the Owner.
The User - by accessing the Use of the Application - also authorises the Owner to find information on the Product by means of web scraping.
The User declares that he/she is aware that the Products are authentic and that there is no commercial link between the Owner and the database proprietor that may be made available or between the Owner and the proprietors of the trademarks advertised from time to time.
4 - Relationship between Owner and Customer
By placing an Order, the Customer authorises the Owner to operate in its name and on its behalf, also for the online purchase of the chosen Product; it also authorises the Owner to receive the sum necessary to the Product payment, the shipping costs, as well as - by way of price for the Service provision - the Commission.
The Customer is aware that the Product chosen and purchased in his name and on his behalf by the Owner will be delivered to him/her - with any additional customs duty - directly by the Third Party Vendor, which will invoice him/her for the cost of the Product; whereas the Owner will send the Customer a further invoice with additional tax charges and for the price of the Commission; moreover, the Customer is aware that the total cost is exactly the one indicated on the Application for the chosen Product, except for the additional customs duty.
5 – Scope of the Conditions
The Use of the Application implies the acceptance of the Conditions by the User. If the User does not intend to accept the Conditions and/or any other note, legal notice or information published or referred to therein, he/she will not be able to use the relevant services.
The Conditions may be modified at any time.
The applicable Conditions are those in force at the time of access to the Use of the Application or at the time of the Order.
Before using the Application and especially before placing an Order, the User must read the Conditions carefully and save or print them for future reference.
The Owner reserves the right to change the graphic interface of the Application, the Contents and their organisation, as well as any other aspect that affects the functionality and management of the Application, at its own discretion, at any time, communicating the relevant instructions to the User, if necessary.
6 - Purchase or request for supply through the Application
All Products are described on the Application in detail.
There may be some errors, inaccuracies or small differences between what is published on the Application and the real Product. Furthermore, any images of the Products are only a representation and do not imply a contractual element.
Purchases and/or Service requests of one or more Products through the Application are allowed to Consumer Users.
The Order sent by the User shall be considered as a contractual proposal of Agreement and of Service request, subject to confirmation and/or acceptance by the Owner, who shall have the right to accept or not the Customer's Order, at its sole discretion, without the Customer claiming any right and/or reason.
The Agreement shall be concluded upon acceptance of the proposal by the Owner.
The Agreement shall not be deemed to be effective between the parties if the preceding point is not fulfilled.
If the Product is not available, the Owner shall cancel the order and refund the Customer.
It is understood that the Agreement shall only be deemed to be concluded in relation to Products accepted by the Owner.
The User undertakes to verify the data contained in the order confirmation is correct, to notify the Owner immediately of any errors, and to keep a copy of its own order, its confirmation and the Conditions.
7 – Prices and payments
The price of each Product is indicated including VAT, if applicable, in the checkout; on the other hand, should customs duties be due, they will be paid by the Customer to the courier upon delivery of the Product at the address indicated in the Order..
The Owner reserves the right to modify the Products price and any additional costs at any time. It is understood that any price changes will not affect Orders already placed prior to the change.
The User undertakes to pay the Product price in the times and ways indicated in the Application and to provide all the necessary information that may be required, authorizing the Owner to operate in his name and on his behalf, also in the online purchase of the chosen Product, and to receive on deposit the sum necessary to the Product payment, as well as the Commission, by way of price for the Service provision.
The price displayed when you submit your order in the checkout is the price you pay in Euros;
Any exchange rate fluctuations or any bank fee you might incur for conversion will not be refunded. Any reimbursements are also made based on the initial price you paid in Euros, independently of exchange rate fluctuations.
8 - Invoicing
The Owner shall send the Commission invoice to the User who needs to receive it, using the information provided in the Order for the Product shipment; the Customer declares and guarantees that this information is true and releases the Owner from all liability in this respect.
9 – Methods of Service provision
The Owner will provide the Service to the Customer in the manner and within the period indicated on the Application and reported in the order confirmation.
Should it not be possible to provide the requested Service within the terms indicated, the User will be promptly notified by email, stating when it is expected that it will be provided or the reasons that make it impossible.
If the Customer does not intend to accept the new deadline or the Service has become impossible, the Customer may request a refund of the amount paid by way of deposit and Commission, which will be credited promptly in the same payment method used by the Customer, at the latest within 14 days from the date on which the Owner became aware of the request for refund.
10 - Right of withdrawal
The Consumer-Customer who is not satisfied for any reason with the Product has the right to withdraw from the Agreement without any penalty and without specifying the reason, within 14 days from the date of the Product's receipt, by sending a written notice - specifying the Order number - to the email address: email@example.com.
If the withdrawal right is properly exercised, the Owner will forward it to the Third Party Vendor who will reimburse the Owner for the payments received by the latter in the name and on behalf of the Customer, in accordance with the Agreement; if the withdrawal right is properly exercised, the Owner will forward it to the Third Party Vendor who will reimburse the Owner for the payments received by the latter in the name and on behalf of the Customer, in accordance with the Agreement; once the Owner has received the reimbursement from the Third Party Vendor, without undue delay, the Owner will transfer the amount to the Customer in the same way as for the initial transaction.
However, the Owner shall retain the costs of handling the shipment as indicated in the ceckout, in addition to the return costs of the same amount.
11 – Exemption of warranty
The Application is provided on an "as is" and "as available" basis and the Owner does not provide any explicit or implicit guarantee related to the Application, nor does it guarantee that the Application will meet the requirements of the Users and/or Customers or that it will never be interrupted or be error-free or bug-free.
The Owner will make every effort to ensure that the Application is available 24 hours a day, but shall in no way be held responsible if the Application is not accessible and/or operational at any time or for any period, for any reason. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely beyond the control of the Owner or due to events of force majeure.
12 – Limitation of liability
The Owner shall not be liable for damages, losses, and costs incurred by the Customer as a result of events attributable to the courier or the Third Party Vendor.
The Owner shall not be liable for any fraudulent or illegal use of credit cards and other means of payment by third parties.
The Owner shall not be liable for: any loss of business opportunity and any other loss, even indirect, that may be suffered by the Customer, that is not a direct consequence of the Owner's breach of the Agreement; incorrect or unsuitable use of the Application by Users, Customers or third parties; the issuance of incorrect documents or tax data due to errors in the information provided by the Customer, the latter being solely responsible for its correct entry.
In no case may the Owner be held liable for a sum higher than the price paid by the Customer.
13 – Force majeure
The Owner shall not be held liable for failure to perform or delay in performing its obligations due to circumstances beyond the Owner's reasonable control, due to force majeure events or, in any case, to unforeseen and unforeseeable events beyond its control. Merely by way of explanation, this includes cases in which the courier loses the package, or fails to deliver it, or if the Customer claims not to have received it even though the courier claims to have delivered it. The Customer must sign an appropriate insurance policy during the Order phase to ensure him/herself of the facts attributable to the courier
The Owner shall take all steps within its power to find solutions that allow the proper fulfillment of its obligations despite the persistence of force majeure events.
14 - Links to third-party websites
The Application may contain links to third-party sites/applications. The Owner has no control over them. Therefore, the Owner 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 use of the service provided by the third parties will apply to the i single services, for which the Owner is not responsible.
15 - Privacy
16 - Applicable law and competent court
These General Terms and Conditions are subject to Italian law.
For Users and/or Customers who are not Consumers, any dispute relating to the execution and interpretation of these General Terms and Conditions shall be referred to the competent court of the place where the Owner is located.
For Users and/or Consumer Customers, any dispute relating to the execution and interpretation of these General Terms and Conditions shall be referred to the Court of the place where the User and/or Customer resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the right of the User and/or Consumer Customer to refer the matter to a judge other than the "consumer court", pursuant to art. 66 bis of the Consumer Code, having territorial jurisdiction according to one of the criteria set forth in Articles 18, 19 and 20 of the Italian Civil Procedure Code.
This is without prejudice to the application to Users and/or Consumer Customers, who do not have their habitual residence in Italy, of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in the event of exercising this right, the methods and procedures for notifying the same and the legal guarantee of conformity.
17 – Online Dispute Resolution for Consumer Users
The User and/or Consumer Customer residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used to resolve in a non-judicial way any dispute relating to and/or arising from contracts for the sale of goods and supply of services signed online. Consequently, the Consumer User may use this platform to resolve any dispute arising from the Agreement concluded online. This platform is available at the following address: ec.europa.eu/consumers/odr/.