Conditions of Sale
These terms and conditions of sale (“Terms and Conditions of Sale”) govern the offer and sale of goods on this website www.cpcompany.com (the “Site”).
The goods bought on the Site (the “Products”) are sold directly by Diana E-Commerce Corporation SRL headquartered at Torreglia (PD) in Via San Daniele no. 137/139, 35038, tax code and VAT no. 05097740285, listed on the Padua Companies Register at number 442830, a company with sole shareholder, share capital €500,000 fully paid (the “Seller”) with the authorisation of Tristate International SA headquartered at Riva Albertolli 1, 6900, Lugano, Switzerland.
These Terms And Conditions Of Sale must be read and accepted before a purchase order can be placed. Failure to accept these Terms And Conditions Of Sale will make it impossible to make purchases on the Site.
1.1. The Terms and Conditions of Sale only govern the offer, placement and acceptance of purchase orders for the Products on the Site, between the Seller and the Site Users.
1.2. Through the Site, the Seller offers the Products for sale and carries out its e-commerce activities only for its end customers who are over the age of 18 and who are “consumers”, namely individuals who is acting for purposes which are outside his trade, business, craft or profession (the “Customer”).
1.3. The offer and sale of the Products refers only to those countries listed in the List of Countries on the relevant page of the Site, which can be reached through the home page.
1.4. The Seller therefore reserves the right not to fulfil any orders from non-consumers and/or from persons under the age of 18, or from any country not included among those indicated among the countries of shipment or, in any case, to orders that do not comply with its commercial policy.
1.5. The Terms and Conditions of Sale do not govern the sale of goods or the provision of services by parties other than the Seller, even if they are present on the Site through links, banners or other forms of connection. It is the Customer’s responsibility to check the conditions of sale before submitting an order or buying goods and services from parties other than the Seller. The Seller shall not therefore be held liable for the sale of any goods and/or the provision of any services by third parties and/or for the conclusion of agreements between the Customer and third parties.
2.1. In order to purchase one or more Products on the Site, the Customer must select the Products the intend to purchase and add them to the shopping cart. Once the selection of the chosen Products has been completed, the Customer must continue with the checkout at the shopping cart web page, fill in the electronic order form, according to the relevant instructions, and send it to the Seller.
2.2. Purchase orders may be completed in the following languages: English, Italian, German, French, Spanish, Japanese, Russian.
2.3. The purchase order of the Products may be made by the Customer either through his/her personal account, if registered on the Site, or through the "guest" user mode, providing in this case the personal information required to proceed with the order processing.
2.4. The order form contains a reference to the Terms and Conditions of Sale as well as a summary of the information on the main characteristics of each Product ordered and its price (including all applicable taxes or duties), the accepted methods of payment and the delivery methods of the Products purchased, the shipping costs and estimated delivery times, the conditions for exercising the right of withdrawal and the methods and times for returning the Products purchased.
2.6. Before submitting the purchase order, the Customer may check the order’s details and identify or correct any data entry errors.
2.7. The submission of the order form by the Customer implies for the latter the obligation to pay the price indicated in the order.
2.8. The Seller undertakes to promptly send the Customer the order confirmation.
2.9. Once the order form has been accepted, the Seller shall send the Customer, by email, a receipt of the purchase order. This will contain a summary of the terms and conditions of sale, information regarding the essential characteristics of the Products and a detailed indication of the price (including all applicable taxes or duties), means of payment, conditions and methods of exercising the right of withdrawal and delivery costs.
2.10. The Seller may refuse a purchase order if it is incomplete or inaccurate, or if there is an insufficient guarantee of solvency, or if the Products are unavailable. In such cases the Seller shall, promptly and within 14 days from the day after the order has been sent to the Seller, inform the Customer by e-mail that the contract has not been concluded and that the Seller has not followed up the purchase order. If the Customer has already submitted the order form and paid the price, the Seller will refund the amount paid as soon as possible.
2.11. The order form will be stored in the Seller’s database for the period of time necessary to fulfil the order, in compliance with the legal period. Once registered on the Site, the Customer may view the orders placed, the data provided and the consents given by accessing their personal account and browsing the relevant section of the Site. Customers purchasing goods as a “guest” users can check the orders they have placed by contacting Customer Service, as indicated in paragraph 11 “Customer Service” below.
3.1. On the Site are offered for sale only original products bearing the C.P. Company trademark upon authorization of Tristate International SA as well as the trademarks of the relevant partners.
3.2. The main characteristics of the Products are displayed on the Site, on each Product page. The images and colours of the Products offered for sale may not correspond to the actual colours, due to the effect of the web browser and/or monitor.
3.3. Each Product is sold on the Site together with an identification tag which forms an integral part of the Product.
The prices of the Products indicated on the Site are stated in EUR (€), Pounds (£), US Dollar ($), Ruble (₽), Renminbi (¥), Hong Kong Dollar (HK$), Canadian Dollar (C$), Japanese Yen (¥) and Won (₩) and already include all the applicable taxes and duties. The Product prices do not include the shipping and delivery costs. These will be clearly indicated when the Product purchase process begins.
4.1. The prices of the Products may be subject to change. The Customer must therefore check the final sale price before submitting the order form.
4.2. The methods of payment can be found on the Payment & Security page on the Site. The methods of payment are also indicated on each purchase order and form an integral part of the Terms and Conditions of Sale.
The price of the Products and delivery costs as indicated on the order form will be charged when the Products are shipped by the Seller.
4.4. If payment by credit card is chosen, the payment details (such as the debit/credit card number or date of expiry) will be forw using an encrypted protocol to the bank or payment services provider, without the possibility of any third party accessing such data. This information will never be used by the Seller except to complete the purchase process for which it was provided, or to issue a refund if the Products are returned, if the customer exercises the right of withdraw, or if use of the data is necessary in order to prevent fraud or report to the police any fraud on the Site.
4.5. If the Product is delivered in an EU country, the Product will not be subject to any customs charges such as import tax and/or duty.
For deliveries to countries outside the EU, the Product may be subject to customs charges, such as import taxes and/or duty, which will be payable when the Product arrives in the country of delivery. Customs charges cannot be foreseen in advance by the Seller and and will be borne by the Seller or the Customer as indicated on the "Delivery" page.
For further information, please contact the customs authority in the country in which the Product is to be delivered.
5.1. The Product ordered on the Site will be delivered by express courier. Costs, terms and conditions for delivery of the Products are indicated on the “Shipping" page, and on each order form. They constitute an integral part of the Terms and Conditions of Sale.
5.2. The timely delivery of the Products indicated on the Site refers only to working days, with the express exclusion of non-working days.
5.3. The Customer must purchase the order directly from the page on the Site relating to the country to which the purchase Product will be delivered. The Site shall be able to automatically recognise the country from which the Customer is logging on, but the reference country can be changed using the List of Countries found on the relevant page of the Site.
Orders placed from a section of the Site relating to a country other than the destination country, or to an address that is not accepted by the Seller’s courier (such as PO boxes or “Hold Mail” addresses), will not be accepted. For Italy only, the Site is not authorised to send deliveries to Livigno, Campione d’Italia, San Marino or the Vatican City.
For United Kingdom only, the Site is not authorised to send deliveries to Channel Islands (Jersey, Guernsey, Alderney e Sark).
5.4. At the time of delivery, the User must check that the number of parcels corresponds to the number listed on the delivery slip and that the packaging is intact and shows no signs of damage, tampering or alternation. If something is found to be wrong, the User must immediately inform the courier and either reject the product, or accept it and write their reservations on the delivery slip. They must also promptly inform the Seller’s Customer Service department.
Exercise of the right to withdrawal
6.1. The Customer may withdraw from the contract with the Seller free of charge, without having to give a reason, within 14 days from the date on which he acquired physical possession of the Products purchased on the Site.
6.2. To exercise the right of withdrawal, the Customer may communicate his decision using the withdrawal form on the Site. For this purpose, the Customer must access the section of the Site relating to the order placed, complete the withdrawal form and send it electronically to the Seller.
6.3. Alternatively, the Customer may send a written notice of the intention to withdraw, providing their details (name, surname, address and email), the date of the order and the date of receipt, the order number and details of the Products purchased; for this purpose, the Customer may use the standard withdrawal form **, which is not mandatory, as set out in Annex 1 of legislative decree no. 21 of 21 February 2014. If the Customer chooses this option, the notification of withdrawal must be sent to the Seller by
· post: Diana E-Commerce Corporation SRL at Movimoda Spa, SS33 182, 21052 - Busto Arsizio (VA), ITALY or
· e-mail: firstname.lastname@example.org
6.4. If the right of withdrawal is exercised, the Product chosen may not be directly replaced with another; to purchase a new Product, the Customer must place a new order, separate from the previous one.
6.5. The Customer is liable for any loss of value of the Products resulting from any handling of the Products other than that necessary to determine their nature, characteristics and functioning.
6.6. The Seller may decide not to accept the withdrawal if the Products are returned without the identification tag and any accessories.
6.7. The right of withdrawal may not be exercised in cases where:
· Products have been made to measure or customised;
· Products may deteriorate rapidly;
· after delivery, the Products have been inseparably mixed with other goods;
· sealed Products may not be returned for hygienic and health reasons if they have been opened after delivery.
Terms and conditions of product returns
6.8. Products subject to withdrawal must be returned to the Seller. In order to proceed with the return, the Customer must return the Products within 14 days from the date on which the Customer sent the withdrawal form to the Seller, to the following address:
Diana E-Commerce Corporation SRL
at Movimoda Spa, SS33 182, 21052 - Busto Arsizio (VA), Italia ITALY.
6.9. The Customer will pay the direct costs of returning the Products.
6.10. Where possible, the Products should be returned inside the package sent by the Seller.
Terms and conditions of refund
6.11. Upon receipt of the Products the Seller will carry out necessary checks regarding their conformity to the terms and conditions of this Article 6.
6.12. In the event that the checks procedures are concluded successfully, the Seller will send the Customer, by email, confirmation of acceptance of the returned Products and will then refund all the payments received from the Customer including the delivery costs. The Seller is not required to refund the additional costs of delivery expenses, if the Customer has expressly chosen a different type of delivery from the less expensive type offered.
6.13. Whatever method of payment is used by the Customer, the refund will be completed as quickly as possible by the Seller, after checking that the right of withdrawal has been properly exercised, but in any case within 14 days from the date on which the Seller received the notice of withdrawal. The Seller may suspend the refund until receipt of the Products or until the Customer can demonstrated that the Products have been returned, whichever is earlier.
6.14. The Seller will make the refund using the same methods of payment used by the Customer for the initial purchase, unless the Customer has expressly agreed otherwise. If the recipient of the Products indicated on the order form does not correspond to the person who paid for them, the refund will be completed by the Seller to the person who made the payment, unless agreed otherwise.
6.15. If the terms and conditions for exercising the right of withdrawal as specified in this Article 6 have not been respected, the Customer shall have no right to the refund of any sums already paid to the Seller; however, the Customer may, at their own expense, re-obtain the Products in the condition in which they were returned to the Seller.
7.1. In addition to the warranty for defects in the sold products, the Seller shall provide a legal guarantee of conformity of the product in accordance with Title III of Part IV of Legislative Decree number 206 of 6 September 2005 (so-called the Consumer Code). The warranty provides that the Seller is liable for any defects in the products that appear within 2 (two) years from delivery.
7.2. Unless proved otherwise, it will be assumed that conformity defects arising within 6 (six) months from delivery of the product already existed on that date unless such a scenario is incompatible with the nature of the goods or with the nature of the conformity defect.
7.3. In order to take advantage of the conformity guarantee, the consumer must notify any defects in the product within 2 (two) months from discovery, under penalty of forfeiture. Any claims to enforce a conformity defect that was not fraudulently concealed by the Seller will be time-limited, in any case, to 26 (twenty-six) months from delivery of the product.
7.4. In the event of a lack of conformity reported within the terms provided, the consumer may, at his discretion, ask the Seller to repair or replace the goods, in both cases without incurring any expense, unless the requested remedy is objectively impossible or excessively expensive compared to the other option. The consumer may also request, at his discretion, an appropriate reduction in the price or termination of the contract if repair or replacement is impossible or excessively expensive, or if the Seller has not repaired or replaced the goods within a reasonable period or if the previous replacement or repair has caused considerable inconvenience to the consumer.
7.5. In order to benefit from the warranty of conformity it is recommended to keep and show the purchase documents of the product. For more information about the legal guarantee of conformity for consumers, and to take advantage of the remedies provided by the legal guarantee in relation to products purchased from the Seller, the consumer can contact Customer Service.
9.1. These Terms and Conditions are governed by the Italian law and in particular by the provisions of legislative decree no. 206 of 6 September 2005 containing the “Consumer Code”, with specific reference to provisions regarding distance contracts and legislative decree no. 70 of 9 April 2003 on certain aspects of e-commerce.
9.2. In the event of any dispute between the Seller and the Customer arising from the Terms and Conditions of Sale, the Customer may access the European Commission’s online dispute resolution platform at https://webgate.ec.europa.eu/odr, without prejudice in any case to the possibility of bringing an action before the competent judicial authorities.
10.1. These Terms and Conditions of Sale may be amended by the Seller at any time, also in consideration of any regulatory changes. The new Terms and Conditions of Sale will be effective from the date of publication on the Site. Customers are therefore asked to visit the Site regularly and to read the latest version of the Terms and Conditions before making any purchase.
10.2. The Terms and Conditions of Sale applicable to each contract made by the Customer on the Site are those in force on the date on which the purchase order is sent.
11.1. For assistance with the Products, or for more information, suggestions, complaints and/or any other requests, the Customer may contact the Seller’s customer service department at any time using the Contact form or using the following contact details:
· by e-mail: email@example.com
· by post: Diana E-Commerce Corporation SRL headquartered in Torreglia (PD) at Via San Daniele no. 137/139, 35038.
** Model withdrawal form
pursuant to art. 49, paragraph 1, letter h) of Legislative Decree no. 206 of 6 September 2005
(fill in and return this form only if you wish to withdraw from the contract)
To Diana E-Commerce Corporation SRL
at Movimoda Spa, SS33 182, 21052 - Busto Arsizio (VA), Italy
telephone number: *41 912103722
email address: firstname.lastname@example.org
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods /for the provision of the following service,
- Ordered on /received on*
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
* delete as appropriate