General Terms and Conditions of Sale
This document contains the general terms and conditions governing the purchase of products and services from the website www.ballerette.com (the "Website"), owned by Castel S.r.l., a limited liability company whose registered office is Rome, Via Po no. 9, VAT registration no. IT 12984611009 (hereinafter, "Castel"). The products and services offered on the Website are sold directly by Castel. For further information, please contact our Customer Service using the form provided on the Contact page of the Website. Castel reserves the right to amend these General Terms and Conditions of Sale at any time. Amendments shall become effective upon their publication on the Website and shall apply to the sales made from that moment onwards. Therefore, Castel invites you to carefully read these Terms and Conditions of Sale before making any purchase via the Website.
1.1 Customer: the Consumer, as defined below.
1.2 Order Confirmation: a notice sent to the Customer via email, confirming the final details of the purchase contract entered into by and between Castel and the Customer (of which these Terms and Conditions shall form part).
1.3 Consumer: any natural person of legal age or capacity who places an order on the Website for purposes unrelated to his or her business, commercial, artisan or professional activity, if any (in accordance with the definition provided in Italian Legislative Decree no. 206/2005 as amended, also known as "Consumer Code").
1.4 Price: the price, inclusive of VAT, payable under the purchase contract and specified in the Order Confirmation.
1.5 Product(s): any product(s) branded Ballerette listed in the online product catalogue available on the Website, as described in the relevant product data sheet(s) and as specified in the Order Confirmation.
2. Business Policy and Scope of Application
2.1 Through the Website, Castel aims to promote and sell the Products, focusing on business-to-consumer transactions. In view of its business policy, Castel reserves the right not to accept or process orders which are placed by persons other than Customers or which otherwise do not comply with said policy. These General Terms and Conditions of Sale apply solely to the Products offered on the Website, to purchase orders placed by Customers via the Website, and to acceptance thereof by Castel ("Terms and Conditions of Sale"). If you wish to purchase one or more Products but do not fall within the above definition of "Consumer", please contact us directly via email at firstname.lastname@example.org
2.2 On the other hand, these General Terms and Conditions of Sale do not apply to services or products supplied or sold by any third-party websites that may be accessed through links, banners or other hypertext links on Castel"s Website. Before placing a purchase order with a person or entity other than Castel, please read their terms and conditions of sale. Castel is not responsible for the supply of goods or services by third parties or for any e-trade transactions between its website users and third parties.
2.3 These Terms and Conditions of Sale are published on the Website"s homepage and can be accessed by Customers at any time, both prior to and during order placement.
3. Conclusion of the Contract via the Website.
3.1 In order to conclude a purchase contract for one or more Products, the Customer has to fill in the order form available on the Website, making sure to enter the required data correctly; the completed order form must then be sent electronically to the Seller, as per instructions provided on the Website. Concluding the contract is simple: no registration with the Website is required, and the Customer can purchase products just by filling in the order form. Alternatively, the Customer can create an "account" (i.e., personal profile) by completing the registration form available on the Website with his or her personal details, making sure that the information provided is correct. This will enable the Customer to make future purchases more easily, without having to re-enter information every time. In any case, the Customer shall take full responsibility for the accuracy and truthfulness of the personal data entered on the Website and provided to Castel during registration and/or when submitting the order form. It is hereby agreed that under no circumstances shall Castel be liable for any damage, delay or inconvenience connected to and/or arising from incorrect and/or untruthful personal information entered by the Customer during registration and/or subsequently modified by the Customer.
3.2 The order form contains a link to these General Terms and Conditions of Sale and information on the main characteristics of each Product ordered. In particular, it specifies prices (inclusive of all applicable taxes and/or duties), as well as available payment methods and delivery options (and their costs). The order form also contains a link to the General Terms and Conditions of Use of the Website. 3.3 Before submitting an order form for the purchase of one or more Products, the Customer must carefully read the General Terms and Conditions of Sale and General Terms and Conditions of Use of the Website, a copy of which must be printed and/or saved for future use. In particular, before completion of the online purchase and payment transactions, the Customer will be asked to read and accept these Terms and Conditions of Sale, as well as to print, save or otherwise keep a copy of the same, in accordance with the provisions of Legislative Decree no. 206/2005, the so called Consumer Code.
3.4 The contract is concluded when, after the Customer has checked the details of his/her order, Castel receives electronically the corresponding order form.
3.5 By submitting the order form, the Customer accepts these General Terms and Conditions of Sale unconditionally and undertakes to comply with them at all times. If the Customer does not agree to all of the Terms and Conditions set forth herein, the Customer should not submit an order form for the purchase of the products sold on the Website.
3.6 By submitting the order form, the Customer also confirms having read and agreed to any other terms and conditions set forth on the Website, in its General Terms and Conditions of Use, and in the Information Note on the Processing of Personal Data.
3.7 The order form will be stored in Castel's database for as long as is reasonably necessary to dispatch the order, and in compliance with applicable laws and regulations. Customers can access their order forms by clicking on the "Personal Area > My orders" section or, if they are not registered with the Website, through the Customer Support section, where they must enter their order number and the email provided when placing the order.
3.8 The language of the contract between Castel and the Customer is Italian. Unless otherwise specified, translations (if any) are provided only as a courtesy.
3.9 Product prices may be subject to change. The Customer is responsible for checking the final price of sale before sending the relevant order form
3.10 Castel is unable to accept orders from countries other than those specified in the "Product shipment and delivery" of the Website. In that case, please contact us directly at email@example.com
3.11 Once the contract has been concluded, Castel will start processing the purchase order.
3.12 Castel may decide not to go ahead with a purchase order if Castel has reasonable doubts regarding the solvency of the Customer, or if the information provided by the Customer is incomplete or incorrect. In such cases, Castel will inform the Customer via email that the contract has not been concluded, explaining why the order cannot be processed.
3.13 In general, all items present on the Website are available immediately. However, Castel may in no way be held liable for the temporary unavailability of one or more Products. Should a Product presented on the Website be no longer available or on sale after the order form has been submitted, Castel will inform the Customer of this unavailability prior to sending an Order Confirmation. Without prejudice to the provisions set forth below (see the section entitled "Right of Withdrawal"), the Customer's submission of an order form constitutes acceptance of a partial delivery of the order, which shall include solely the items that are actually available, and a waiver of the right to seek compensation and/or indemnity. If the Customer has already paid for the full order, Castel will refund the amount corresponding to unavailable products according to the methods described below (see the section on "Refund Times and Methods").
3.14 Once the contract has been concluded, Castel will send to the Customer, at the email address and in the language specified by the Customer in the order form, a notice confirming the order and containing a summary of the information provided in the order form. This notice does not constitute an Order Confirmation, which is sent at a later time, when the Products are actually shipped.
3.16 Castel "Gift Cards" can be purchased for fixed amounts specified on the Website.
3.17 Gift Cards are not registered to specific card holders and can thus be used by both the Customer and third parties to purchase any Product through the Website.
3.18 Gift Cards cannot be topped up, but they can be used to pay for one or more purchase orders placed on separate occasions, until the credit is exhausted.
3.19 Gift Cards are issued in electronic format and sent by email. 3.20 Gift Cards must be activated within 3 months from the date of reception of the e-mail containing the corresponding code.
3.21 Once it has been activated by following the instructions provided via e-mail, a Castel Gift Card is valid for a period of 12 (twelve) months, starting on the date of activation. The amount paid to purchase the Gift Card is transferred to Castel as non-interest bearing money; it cannot be turned into cash, transferred to a credit card or deposited on a bank account. The purchase of a Gift Card is not subject to VAT, in accordance with Article 2(3)(a) of Italian Presidential Decree no. 633/1972. Accordingly, the corresponding invoice must specify the following: "VAT exempt in compliance with Article 2(3)(a) of Presidential Decree no. 633/1972".
3.22 Use of the Gift Card is subject to the specific conditions set out below, until the balance of the card is depleted.
3.23 When purchasing a Gift Card as a present for someone else, the Customer will be asked to provide: the name of the sender; the name of the recipient; the e-mail address of the recipient; and a message accompanying the gift card (optional).
3.24 If the Customer wishes to buy a Gift Card as a present for another person, the Customer will have to specify the name and email address of that person during the purchase transaction. These data will be processed only with a view to sending the Gift Card via email to its intended recipient, ensuring its activation, and enabling Castel to fulfil all obligations resulting therefrom. Said data (name and e-mail address of the recipient) will be stored only until the person receiving the Gift Card confirms its activation, which must be performed as per the instructions specified below, or until the expiration of the term within which the Customer is entitled to exercise his/her right of withdrawal, whichever occurs later. Thus, after being processed for the purposes specified above, the personal data of the recipient will be erased once the Gift Card has been activated or, whichever occurs later, once the term within which the Customer is entitled to exercise his/her right of withdrawal has expired.
3.25 The Customer is aware and acknowledges that if the Customer provides an incorrect email address for the recipient of the Gift Card specified during the purchase process, this will make it impossible for the recipient to receive and use the Gift Card, something for which Castel will not be held responsible in any way whatsoever.
3.26 The purchase of Gift Cards is subject to the laws and regulations referred to above and specified in the Terms and Conditions of Sale. After completing the purchase procedure, the Buyer who has placed an order for one or more Gift Cards will receive an email confirming the order. The email will also contain the order number, a summary of the order, a brief overview of the applicable Terms and Conditions of Sale, and a link to the full version of said Terms and Conditions.
3.27 When the payment method selected by the Customer has been accepted, the Customer will receive an e-mail confirming the order. The e-mail will contain the following information: order number; gift card code and value; the expiry date of each Gift Card purchased and further detailed information on the latter.
3.28 At the same time, the recipient of the Gift Card, upon successful payment by the Customer, will receive an e-mail containing the name of the sender of the Gift Card, the accompanying message (if any), the link to activate the Gift Card, the relevant terms and conditions of use, the information note on the processing of personal data, the Gift Card details (e.g., code, value and date of expiry), and a summary of the terms and conditions for the use of the card.
3.29 To activate your Gift Card, you must register with the Website, create an account, access your "Personal Area" and enter the gift card code in the corresponding field. As soon as it has been activated, the Gift Card can be used to purchase any Product shown on the website, as well as to cover shipping costs.
3.30 No additional cost is charged for the activation or use of Gift Cards. More than one Gift Card can be used for the same purchase order.
3.31 Your Gift Card is associated to your account and will be automatically used for all purchases made from that account within its validity period, until the credit runs out. If the total price of the order exceeds the credit available on the Gift Card, the residual amount shall be paid using one of the payment methods available on the Website, so as to complete the order.
3.32 After expiration of the validity period (12 months), the Gift Card can no longer be used and any remaining credit will not be refunded; on the contrary, it will be kept in full by Castel.
3.33 If one or more Products in a purchase order paid (in part or in full) with a Gift Card are out of stock, Castel, upon request of the buyer, will cancel the order and refund the total amount paid. The Gift Card credit used to pay for such order will be credited back to the Gift Card, whilst any additional amounts paid using other payment methods will be refunded using the same payment method selected during the order confirmation phase.
3.34 After having registered with the Website, the user can access his/her private area and view detailed information on the Gift Cards purchased for each order, as well as the status (i.e., remaining credit and expiry date) of each Gift card activated on his/her account.
3.35 The Customer is aware and acknowledges that anyone who knows the code of a Gift Card can use it on the Website: therefore, the Customer or any third party to whom the code may have been communicated must keep the code in a safe place.
3.36 With regard to the use of Gift Cards, it is understood that the Customer (or the recipient of a Gift Card) shall be bound by the terms and conditions set out by Castel in writing, whether electronically or otherwise, and governing Castel’s sales system.
3.37 The Customer has the right to withdraw from a Gift Card purchase agreement, without penalty, within a period of 14 (fourteen) days from the date of the purchase of the relevant Gift Card, i.e., the date of reception of the Gift Card activation e-mail. However, the Customer has no right to withdraw from such an agreement if the Gift Card has been activated, regardless of whether said card has been used, in full or in part, to buy Products on the Website.
3.38 To exercise his/her right of withdrawal, the Customer, provided that the period referred to in the preceding paragraphs has not elapsed and the Gift Card has not been activated, must inform Castel of his/her decision to withdraw from the agreement by submitting a written statement to this effect to the Customer Service. If the right of withdrawal is exercised with regard to a Gift Card purchased as a gift for another person, the latter will receive an email informing him/her that the Gift Card has been deactivated as a result of the Customer exercising his/her right of withdrawal.
3.39 If the Customer has purchased one or more Products using a Gift Card, the Customer is entitled to exercise his/her right of withdrawal in accordance with Article 8 below. If the Customer exercises his/her right of withdrawal with regard to Products that have been paid, in full or in part, using a Gift Card, and if the conditions set out in Article 8 below are met, the price of the purchase order in respect of which the right of withdrawal is exercised will be refunded as follows: the Customer will receive a refund for the part of the price paid using the Gift Card, and the refund will be applied to the Gift Card itself, which the Customer will be entitled to use in accordance to the terms and conditions specified above.
4. Order Cancellation
4.1 Without prejudice to the provisions on the right of withdrawal, orders that have not yet been dispatched (i.e., whose status is 'In Process' or 'Awaiting Payment') may be cancel by contacting the Customer Service.
4.2 Orders cannot be cancelled once shipping has commenced.
4.3 The Customer may cancel an order after payment has been made; in this case, the Customer shall contact the Customer Service to start the refund procedure (as described in the section entitled "Refund Times and Methods").
5.1 All Products offered for sale on the Website are of top quality. Castel does not sell unlawful or substandard-quality products. Since they are hand finished, however, our Products may sometimes differ from each other or present unique characteristics (which cannot be reproduced).
5.2 The main features of each product offered for sale are specified in the corresponding product details page on the Website. Images and colours as shown on the Website may sometimes differ from the real products due to the Internet browser or monitor used to view them. It is thus understood that the Customer shall not raise any claims against Castel if delivered Products do not match the product images on the Website as regards colours/shapes/sizes. In addition, Castel reserves the right to change product packaging at any time;
5.3 Upon delivery by the courier of the Product(s) purchased, it is the Customer’s responsibility to check that the number of parcels being delivered corresponds with the number of parcels stated on the transport document, and that the packaging, including sealing materials (adhesive tape or metal straps), is intact, undamaged, neither wet nor otherwise altered. Upon receipt of the Products, the Customer must: " check that the packaging is intact. If it is damaged, the Customer must (i) NOT accept the Products and (ii) leave them with the courier. In this case, the Customer shall promptly inform Castel, so that Castel may ship the Products again. " sign the courier’s delivery note specifying the following: "ACCEPTED WITH RESERVE". If the order has been damaged during transportation, this will make it easier and faster to obtain a refund. " if the Products delivered are damaged or incomplete, take photos of the inside and outside of the parcel(s), so that, in case of a request for a refund, Castel may use them to verify the problems reported by the Customer. By signing the courier’s delivery note, the Customer acknowledges having received the parcels in good condition and becomes fully responsible for any damages to or loss of the Products.
5.4 If a product has deteriorated in respect of its fundamental characteristics, the Customer may ask for the item to be replaced; to this end, the Customer shall contact the Customer Service within 5 (five) working days from the date of receipt of the Products, specifying the following reason: "guarantee for non-compliant product". Once it has checked compliance with the above terms, Castel, through its Customer Service, will send an email to the Customer explaining the steps to be followed in order to return one or more products (see Return Products). Castel will proceed, at its own cost and expense, to collect the defective product by courier, at the address specified by the Customer. Upon receipt of the product, Castel will assess whether is has actually deteriorated and, if so, will replace it, at its own cost and expense, no later than 30 (thirty) days from the date of receipt of the returned product. If the product has not deteriorated, Castel will promptly inform the Customer of the negative outcome of the return process and will not send any product as a replacement. In any case, the Customer may, at his/her own expense, collect the product or have it collected, at an address agreed with Castel, within and no later than 30 (thirty) days from the communication of the negative outcome of the return process.
5.5 The product conformity guarantee will be properly applied if the following conditions are also met: a. the email requesting the return process must specify the order number and the reason for the return; b. returned products must be sent to Castel in a single shipment. Castel reserves the right not to accept different items belonging to the same purchase order if they are returned separately.
6.1 Castel will only accept payments in Euros (EUR).
6.2 Product prices as well as shipping and delivery costs may be paid using one of the payment methods indicated in the order form.
6.3 In case of payment by credit card, the transaction will be managed by BNL Positivity in a totally secure manner. Accordingly, Castel will never be in possession of any sensitive information (e.g. complete credit/debit card number, or security code).
6.4 The Customer will be given the option to save his/her credit card details on the Website for future purchases. The Customer will be able to activate this option after completing the payment of an order, in which case BNL POSitivity will store the credit card details, whereas Castel will never have access to them. When the Customer selects his/her "saved card" to make a payment, Castel’s sales system will contact BNL POSitivity communicating the amount due as well as coded information, known as "Alias", which will match the credit card and the payment. BNL Positivity will track the entire process and it will be impossible for Castel to retrace the details of the saved card.
7. Shipping and delivery
7.1 Castel ships its products in Italy via the courier SDA in Italy and DHL for other destinations or other major express couriers. Goods are delivered via express shipment within 3-4 working days (Monday to Friday) of reception of the order form. In any case, Castel reserves the right to deliver ordered products within a period of 30 days from the date of the e-mail containing the Order Confirmation.
7.2 Castel undertakes to do anything in its power to meet the delivery times specified above; however, under no circumstances shall Castel be held liable for damages or inconveniences caused by delays, if any.
7.3 A list of the possible destinations countries can be found in the dedicated area of the Website.
7.4 Shipping costs for a given order will vary depending on the following factors: place/country of destination; total weight of products purchased. In any case, shipping costs will be expressly specified both during the order placement procedure and in the Order Confirmation.
7.5 All shipping and delivery costs are inclusive of the statutory VAT rate.
7.6 When receiving an order, the Customer must always check the number of parcels and their condition. In case of damages or irregularities, the Customer must immediately report them to the courier, reject the delivery and promptly informing the Customer Service. In that case, all replacement and re-delivery costs will be born by Castel. However, Castel, declines all liability if the Customer accepts a damaged or irregular parcel without checking it in the presence of the courier.
8 Right of withdrawal
8.1. Pursuant to Article 52 of Legislative Decree no. 206/2005, the Customer is entitled to withdraw from the purchase contract concluded with Castel, without any penalty and without having to specify the reasons for doing so.
8.2 To withdraw from the contract, the Customer must send an email to that effect to Castel, contacting the Customer Service within fourteen (14) days of reception of the relevant Products.
8.3 Once it has received the said email and checked compliance with the 14-day requirement mentioned above, Castel, through its Customer Service, will send an email to the Customer explaining the steps to be followed in order to return one or more products (see "Returned Products"). Returned Products must reach Castel within 14 days from receipt by the Customer of the email containing instructions on how begin the "return process". Once it has received the said products, Castel will start a refund procedure (see Refunds), provided that the products have been sent within the 14-day period mentioned above (either the postmark date or the date of collection by a courier shall serve as proof of dispatch), are in perfect condition and complete with the original packaging.
8.4 If the Customer complies with the above provisions in communicating his/her intention to withdraw from the contract, Castel shall give the Customer a refund for all the amounts paid, including the expenses incurred by the Customer for returning the Products, in the case “Free Return items”, within 14 days from receipt of the notice of withdrawal sent by the Customer. Except in the case of "Free Return Items", all shipping costs for returned products are to be covered by the Customer. The Customer shall be fully responsible for shipping returns until the issuance of a certificate of receipt by the warehouse selected by Castel. Upon arrival at the address specified by Castel, the Product(s) shall be inspected for any damages or alterations not arising from transport. If the original packaging has been damaged, Castel will deduct a percentage corresponding to the loss of value of the Product(s) from the refund due to the Customer.
8.5 If an order includes several Products, the Customer may exercise his/her right of withdrawal with regard to one or more of said Products, provided that the Customer specifies in the notice of withdrawal which Products he/she intends to return. In this case, the refund will be provided as per section 8.4 above.
8.6 Regardless of whether the recipient of the Products - as specified in the order form - and the person paying for them are one and the same, Castel will always refund the person who actually made the payment (i.e., the holder of the credit card used to make the purchase, or the holder of the current account from which the bank transfer used for the purchase originated). In accordance with Legislative Decree no. 206/2005, Castel reserves the right to withhold the refund until Castel has received the returned Products or the Customer has provided proof of their dispatch.
8.7 The Right of Withdrawal will be properly exercised only if the conditions are also met: 1. the email communicating the intention to exercise the right of withdrawal contains the order number; 2. the products belonging to the order in respect of which the right of withdrawal is being exercised are sent to Castel in a single shipment. Castel reserves the right not to accept different items belonging to the same purchase order if they are returned separately.
8.8 Taking into account the characteristics of the Product(s), and pursuant to Article 59(1)(e) of Legislative Decree no. 206/2005, the Customer may not exercise his/her right of withdrawal in the following cases: if the Product(s) and/or packaging have been used and/or opened, whether in whole or in part; if the Product(s) have been damaged due to causes other than their transport. In these cases, any Products returned to Castel will be available for collection by the Customer at Castel’s warehouse, and the Customer shall bear the costs of said collection.
9. Returned products
9.1 The return process begins only after the Customer has submitted a request to exercise his/her right of withdrawal or to return a non-compliant product. When it receives the request from the Customer, Castel will in any case ensure that the conditions for beginning the return process have been met.
9.2 Following the beginning of the return process, Castel will send the Customer an email containing instructions on how to return the product(s) in question.
9.3 If the product(s) are being returned due to the Customer exercising his/her "right of withdrawal", Castel shall have a courier collect the product(s) in question at a location specified by the Customer. The Customer shall agree to having the product(s) collected by the courier at the specified location on a working day. Costs incurred in order to return such product(s) shall be borne by the Customer, according to Art. 57 of Legislative Decree no. 206/2005.
9.4 If the product(s) are being returned due to the "guarantee for non-compliant product", Castel shall, at its own cost and expense, have a courier collect the product(s) in question at a location specified by the Customer, provided that such location is in Italy. The Customer shall agree to having the product(s) collected by the courier at the specified location on a working day.
9.5 The returned package must contain a copy of the Order Confirmation sent to the email address indicated by the Customer or a copy of the consignment note attached to the package when first received by the Customer. Under no circumstances will C.O.D. or carriage forward packages be collected.
10. Refund times and methods
10.1 A refund procedure may refer to two types of situations:
a) full refund of an order, if the Customer exercises his/her right of withdrawal with regard to that order;
b) partial refund of an order, if one or more products included in the order are unavailable or the Customer exercises partially his/her right of withdrawal with regard to that order.
10.2 Regardless of the payment method used by the Customer and without prejudice to the provisions on the right of withdrawal set out in Article 8 above, Castel will provide the refund as quickly as possible, and in any case within 30 (thirty) days from transmission of the order confirmation (in the case of partial refund due to the unavailability of one or more products). Where possible, Castel will use the same payment system used to place the order.
10.3 Regardless of whether the recipient of the Products - as specified in the order form - and the person paying for them are one and the same, Castel will always refund the person who actually made the payment (i.e., the holder of the credit card used to make the purchase, or the holder of the current account from which the bank transfer used for the purchase originated).
11. Customer Service
11.1 Should the Customer need additional information from Castel, he/she may contact our Customer Service by phone or, alternatively, via email using the dedicated form on the Website's Contact page. Further details are also available in the Customer Service section of the Website.
13. Applicable law
13.1 These General Terms and Conditions of Sale are governed by Italian law, in particular by Legislative Decree no. 206 of 6 September 2005 (also known as the "Consumer Code") - as regards distance contracts regulations - and Legislative Decree no. 70 of 9 April 2003, as regards some aspects of e-commerce.
14. Amendments; Jurisdiction
14.1 These General Terms and Conditions of Sale may be amended from time to time, to take into account any changes in the law as well as for other reasons. Amendments shall be effective immediately upon posting of the modified terms and conditions on the Website. If the Customer is a Consumer, any disputes arising out of these General Terms and Conditions of Sale - as well as of supplies and orders provided and placed, respectively, hereunder - shall be subject, pursuant to Article 66-bis of Legislative Decree 206/2005, to the exclusive jurisdiction of the courts of the place of residence or domicile of the Customer, provided that such place is located in Italy.