General Terms and Sales Conditions
Before placing orders on the website www.gutteridge.com è it is necessary to read carefully and accept the General Conditions of Sale below.
Article 1. The Company
Capri Srl, registered office F. Caracciolo Street, 15, 80122, Naples, VAT number 05647000636, (hereinafter referred to as "Capri") has created and it manages the website www.gutteridge.com, through which it is authorized to sell its products of men's clothing, footwear, perfumes and fashion accessories (hereinafter the "Products") to users who visit the site (hereinafter "Users").
For every and all complaints regarding the order placed, the purchase made and / or the Products purchased, the Users may contact the customer service whose references are given below:
E-mail: E-mail: firstname.lastname@example.org
Telefono: (active from Monday to Friday from 9:00 to 13:00 and from 14:00 to 18:00).
Indirizzo: Francesco Caracciolo Street, 15 - Naples.
Article 2. The WebSite
The WebSite www.gutteridge.com (hereinafter the "Site") is an e-commerce site accessible via the Internet through the internet www.gutteridge.com
The Site is accessible from Italy by all internet users (hereinafter, "Internet Users"). In the context of these General Conditions of Sale (hereafter "GCS"), the term "Parties" will jointly indicate the Users and Capri and the term "Party" one of the two separately. The term "Buyer" will indicate all Users who have placed an order for the purchase of Products with delivery exclusively on the Italian territory. The Purchaser will refer to and apply the same rights and obligations provided for in the GTC for Users.
The sale of the Products through the Site is intended solely for the personal use of Users and not for the purpose of their professional activity.
The Products purchased on the Site will be delivered exclusively in the territory of the Italian Republic, France, Germany, Spain, the Republic of San Marino and the Vatican State.
Orders with delivery address to a post office box cannot be processed.
Users who wish to purchase on the Site, aware of civil and criminal liability in the event of false declarations,they declare that they have full legal capacity and that they are of legal age for the purposes of Italian law.
Each purchase order of Products offered on the Site implies consultation and express acceptance of the GCS, without however that said acceptance is conditioned by a signed signature of the User.
In accordance with articles 1321, 1322, 1326, 1335 of the Civil Code, to Legislative Decree no. 21/2014, to Legislative Decree no. 185/99, implementing Directive 97/7 / EC, and to the Presidential Decree 513/97, completing and sending the order form, as per the following art. 5 "Procedures for entering and confirming orders" constitutes to all effects of law a purchase and sale agreement between Capri and the User of the Site, from which arise reciprocal rights and obligations governed by civil law, arising from the online sale of the Products and from the relationships that the Parties establish on the Internet and exclusively on the Site
The User can save and print the GCS, provided that no changes are made to them.
The GCS define all the steps necessary in order to carry out an order, as described in article 4 "Procedure for entering and confirming orders" and ensure the execution of the aforementioned order between the Parties.
The applicable GCS can be consulted at any time by clicking on the appropriate link.
Capri will be able to update the GCS at any time.
These GCS will apply to the exclusion of any other document.
Article 3. Products
The Products offered for sale by Capri are those listed on the Site on the date of consultation of the same by Users, within the limits of stock availability.
The photographs illustrating the Products not covered by this contractual context; therefore Capri cannot be held responsible for any errors and / or discrepancies.
NDespite the commitment to ensure a faithful reproduction of the colors of the Products represented in the photos published on the Site compared to the original ones, hypotheses of discrepancies are not excluded, in particular due to technical limitations in the computerized reproduction of colors. Consequently, Capri cannot be held responsible for errors and / or inaccuracies in the graphic and photographic reproduction of the Products on the Site.
Avalability of Products
The Products are offered within the limits of available stocks. In case of unavailability of one of the Products, the Buyer will be promptly informed.
The communication can be notified:
- When creating the order: a window appears indicating that the desired Product is temporarily unavailable
- After confirming the order: before delivery, by e-mail or by phone.
If the unavailability of a product is contested after confirming the order, the Purchaser will have the possibility to cancel his order by requesting a refund of the sums paid of the unavailable products no later than 30 (thirty) days from their collection or the replacement of the Product (s) not available by e-mail.
When the User of the Site places the order, he has the right to view all the Products that can be purchased online.
When the User of the Site places the order, he has the right to view all the Products that can be purchased online.
Retention of title
The products ordered remain a property of Capri until the complete collection of the price by the latter and when the Products will be delivered and physically received by the Buyer. In the event of payment irregularities, the Buyer undertakes to return the products received to Capri on the first request. On the other hand, on the effective date of delivery, the risks (specifically related to loss, theft or damage) concerning the products delivered are borne by the Buyer.
ARTICLE 4. PRICES AND PAYMENTS
The prices of the Products are indicated in Euros and include VAT applicable on the date of the order.
The price charged to the Buyer is the price declared on the Order Confirmation sent by e-mail from Capri
The established price includes packaging costs, which are free of charge for Users; but not the shipping cost that will remain the responsibility of the Buyer, as well as those for a delivery other than that normally guaranteed, without prejudice to promotions related to the free shipping.
Capri reserves the right, which the User accepts, to change the prices published on the Site at any time. In any case, the price of the Products, subject to availability, will be charged on the basis of the rates indicated at the time of order registration . The rate in force will be that indicated on the Site, except for the case of errors in the price of the Products, in which case Capri will promptly inform the Buyer and give him the option to reconfirm his order at the right amount or to cancel it; in the event of failure to reconfirm, the order will be canceled and the Purchaser will be refunded the full amount paid
Our payment methods are: Visa, Mastercard, Maestro, American Express credit cards or PayPal and Amazon Pay. The following data will be required during the purchase process:
- Card Number,
- Expiration Date,
- 3-digit security code (CVV) on the back of the card (Visa and Mastercard only)
In order to avoid and reduce risks of unauthorized access, the card data will be encrypted. Once the Order is received, Capri will carry out a pre-authorization on the user's credit card to ensure that it has sufficient funds to complete the transaction. The charge on the user's card will be made when the Order leaves the Capri warehouses.
If the payment method chosen is PayPal, the amount relating to the Order is debited from the PayPal account at the time the order is acquired.
n accordance with the legislation in force, any purchase made through the website will be subject to Value Added Tax (VAT), in accordance with the Italian legislation in force and with Chapter I of Title V of Directive 2006/112 / EC of the Council of 28 November 2006, relating to the common system of value added tax (VAT), for which deliveries will be deemed to be located in the Member State that appears in the delivery address of the articles, the VAT applicable being that legally in force in each Member State of destination of the items that have been delivered in each order.
ARTICLE 5. PLACING AN ORDER AND ORDER CONFIRMATION
Navigation within the Site
Users can view and choose the various Products marketed by Capri at the following address: www.gutteridge.com. Users can consult the various pages of the Site for free, without any obligation to purchase.
Placing an order
If a User wishes to place a purchase order, he must choose the various Products of his interest by clicking on the "add to cart" button.
Each new product added to your cart will be indicated by means of a specific window.
Users of the Site at any time can:
- view a summary of the selected Products or change the order by clicking on the "Cart" button, which is located at the top right of each page,
- continue to select the Products by clicking on "Continue your purchases",
- complete the selection of the Products and place the order by clicking on "Buy now".
To order the selected Products, Users must click on the "Cart" button.
A recap of your order will appear on the screen. If the list that appears will correspond to the Products chosen, Users must validate their choice by clicking on the "Buy now" button.
The User must identify himself: by entering his e-mail and password, if he is already registered on the Site; otherwise he / she must / can register or place their order without registering on the Site. The User is aware of and accepts that the insertion of his / her username constitutes proof of his / her identity and consent.
In the event of a new registration, the User undertakes to complete in good faith the registration form made available to him and acknowledges that the data communicated and registered on the Capri information sites are accurate and are valid as proof of his identity. In order to complete the order, the User must strictly proceed to all the steps listed in this paragraph.
By using this website and / or placing orders through it, the user agrees to make use of the website only to make valid consultations or orders and therefore not to make false or fraudulent orders which will therefore be subject to cancellation by Capri.
Final validation of an order
The User must click in the "I accept the General Conditions of Sale" box before being able to choose the payment method.
Users are invited to enter credit card details or log in to their PayPal account..
Orders are validated after entering the card information or authorizing the request through your PayPal account.
By accepting, even partially, the order from Capri, the contract between the latter and the User / Purchaser will be considered completed. Capri reserves the right, at its sole discretion, to accept the order. Acceptance is considered tacit, unless otherwise communicated in any way to the User.
the order. Acceptance is considered tacit, unless otherwise communicated in any way to the User. Any right of the User to compensation for damages or indemnity is excluded, as well as any contractual or non-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order.
Confirmation of an order
Once the Purchaser has validated his order and made available for the related payment, a summary window will appear showing the transaction number, the receipt of the order (hereinafter the "Order Confirmation") and confirmation that the same is being shipped (hereinafter the "Shipping Confirmation"). This confirmation will also be sent to the Buyer in the order confirmation sent by e-mail. The aforementioned confirmation will include all the constituent elements of the contract between the Parties, including the Products requested, the payment provisions, the delivery provisions, the address of the Capri office to which to send any complaints, as per article 1 of the present GCS. We recommend in any case to keep a copy (electronic or paper) of the information concerning the order. The data recorded and collected on the Site constitute full proof of all the transactions concluded between the Buyer and Capri. In the event of a dispute between Capri and the Buyer regarding a transaction carried out on the Site, the data recorded by Capri will constitute full proof of the contents and of the transaction. Capri keeps a copy of the contract stipulated between Capri and the Buyer in electronic form, for a period from the conclusion of the contract to the delivery date of the goods and for ten years thereafter. The Purchaser is authorized to access this written copy at any time by sending an e-mail to the address: email@example.com or by contacting or by contacting contact details present in article 1 of these GCS and attaching proof of identity.
ARTICLE 6. DELIVERY
Delivery Time and Shipping Costs
The delivery of your order is managed by logistics center located at the Più Movimoda SRL, Interporto Sud Europa - Blocco 13.2 - 81024 Maddaloni (CE) and orders are shipped with the transport company FEDEX. Orders are sent within the deadline indicated in the Order Confirmation and , in any case, at the latest within thirty (30) working days from the day following the receipt of the Order Confirmation e-mail. The products ordered by a Buyer will be delivered to the address stated on the order form. In case of absence of the Purchaser, the Products covered by the order will be sent to the deposit chosen by Capri and a notice will be left to the Purchaser in which the place where the products covered by his order will be specified and the ways in which agree on a new delivery. In the event that, after 15 days from the date on which the order is available for collection by the consumer, delivery cannot take place for reasons not attributable to Capri, the Contract shall be understood to be terminated and the Buyer shall be promptly reimbursed, within 14 days, all amount paid, with the exception of the expenses incurred by Capri for the delivery of the items and their return to the sender. It should be noted that no deliveries are made on Saturdays, Sundays and holidays and that delivery will be considered made through the acquisition, by the Purchaser or by a third party indicated by him, of the material availability of the products, which will be proven by the signing of the order receipt to the agreed shipping address.
Similarly, it should be noted that in the event of refused delivery by the customer, the refusal will not be equivalent to the return of the product, therefore the shipping costs and the costs already incurred for sending the order, as well as the shipping costs and the costs incurred by Capri for the return of the goods, will be charged to the buyer. These amounts will be deducted from the price paid by the customer for the purchased items.
In the event of late delivery, the purchaser shall have to notify to customer service as soon as possible, by writing an email to: firstname.lastname@example.org or by contacting the contacts details referred to in article 1 of these GCS.Capri undertakes to contact the FEDEX or DHL transport company for a verification. The duration of the verification is not foreseeable. In the event of non-compliance with the terms of delivery or that eventually granted, the Purchaser is entitled to terminate this contract pursuant to article 61 of Legislative Decree no. 21/2014, with consequent reimbursement of all expenses, it being understood that Capri will inform the Buyer in advance of the delay in order to ascertain the latter's availability to accept the delay and postpone delivery. It should also be noted that the transport risks are borne by the Purchaser, as well as those relating to the loss or damage to the Products since the latter acquires physical possession. After receiving the ordered Products, the Buyer is required to verify that the Products correspond to items ordered. In order to verify any anomalies found (missing or damaged products, damaged packaging, laceration, etc.), the User can collect the Products subject to verification and, in the event of a positive finding of these facts, the same must be indicated within 24 hours by the Buyer on the form sent with the order and must be communicated to Gutteridge customer service, by sending an e-mail to: email@example.com or by contacting Capri using the contact details referred to in article 1 of these GCS, specifying for which product anomalies were found. All complaints not reported or sent after 24 hours from the delivery of the products will be rejected and Capri will not take responsibility for them. Capri will not be held responsible in the event of loss, sending to a wrong or delayed delivery address of a Product, insofar as the risks relating to the transport chosen are borne the Purchaser. It is mandatory to provide personal data related to delivery, since they are necessary to process and send orders, as well as to prepare the invoice. These personal data are strictly confidential. Not providing such personal information it will be impossible to process the order.
CAPRI SRL is not responsible for any customs duty or import tax.
ARTICLE 7. RIGHT OF WITHDRAWAL AND RETURN OF GOODS
In full compliance with the provisions of article 49, paragraph 1), letter h) of Legislative Decree no. 21/2014, the Buyer has a term of 30 (thirty) days to return the Products, at his own expense, if they do not satisfy him and to keep the Products until that moment. This term starts from the day of delivery of the order. In the event of ascertained violation of the provisions of article 49, paragraph 1), letter h) of Legislative Decree no. 21/2014, pursuant to Article 53 of the aforementioned Legislative Decree, the withdrawal period guaranteed to the Purchaser will be extended to twelve months following the initial withdrawal period. Capri will be able to provide the Purchaser with the information referred to in Article 49 above within twelve months of the ascertained violation and the right of withdrawal will end fourteen days following the day on which the Purchaser has received such information. In case of purchase of more Products, delivered at different times, the above term will start from the receipt of the last good object of the Purchase Order. This notice of withdrawal can be sent by registered letter, using the form attached sub 1 to these GCS, as per attachment 1 to Legislative Decree No. 21/2014 to be sent to: Capri Srl, operational headquarters CIS NOLA, ISLAND 2, LOTS 231/233, 80035 Nola (NA), or by following the instructions on the website www.Gutteridge.com and carrying out the IT procedure. The withdrawal period begins on the day the order is received and ends after 14 (fourteen) working days from the time the order is received by the Buyer. In the event of withdrawal, the Purchaser will only be reimbursed for the price of the returned products but the cost of 30.00 pound (thirty / 00) will be charged for the collection service for the return parcel to be paid by the Purchaser. The right of withdrawal can only be exercised by the Buyer and not by third parties. The products must be returned, together with the receipt received, to: CAPRI S.r.l., at L.M. Cooperative logistics company, via Ficucella, Interporto Sud Europa - Lot 7 - 81024 Maddaloni (Ce-Italy). The direct costs of returning the products, or the shipping costs for returning the products, will be borne by the user to whom, before confirming the withdrawal request, the transport cost and the courier to be used for the return are indicated. in the special "returns and refunds" section. In the event that the Buyer claims Capri's failure to acknowledge the right of withdrawal, for failure to receive the notice of withdrawal, the Purchaser will have evidentiary proof of having fulfilled it.
Exclusion of right of withdrawal
Pursuant to article 59 of Legislative Decree 21/2014, the right of withdrawal referred to in this article is excluded in relation to:
- Waiver expressly indicated by the Buyer;
- Purchases of personalized products made by Capri on the User's instructions ;
- Purchases of Products combined with others for special occasions;
Products that do not meet the Buyer satisfy
If a Purchaser exercises the right of withdrawal, the Product (s) must be returned in the original form and packaging, complete and accompanied by the coupon of the FEDEX delivery note. The Purchaser will bear the shipping costs for returning the Products for 30.00 pound (thirty / 00), apart from those not compliant. Capri will not accept a shipment of Products with a reverse charge to the recipient. The Buyer assumes all reasonable risks associated with returning the Products. If the aforementioned circumstances are met, Capri will reimburse the Buyer within a maximum of 14 (fourteen) working days from the day on which it is informed of the consumer's decision to withdraw, for an amount corresponding to the Products purchased. The Purchaser will only be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the Products. Capri will carry out the refund using the same payment method used by the Buyer for the initial transaction, unless the latter has agreed otherwise. Capri is not required to reimburse additional costs if the Purchaser has explicitly chosen a type of delivery other than the less expensive one offered by Capri. No refund will be made: (a) if the product has been used in addition to simple opening; (b) for products that are not in the same conditions in which they were delivered and / or have been damaged and / or are not intact and in a normal state of conservation and / or which do not have an identification tag. Capri, within 14 (fourteen) working days, will be able to withhold the refund until the Buyer has received the goods or has shown that he has shipped the goods.
Non-compliant Products must be understood products sent by mistake by Capri or which present vices or defects. In the event that the Purchaser believes that at the time of delivery, the Product does not comply with the provisions of the Contract, he must contact Capri within 24 hours of receiving the goods, by sending a report to the dedicated email address firstname.lastname@example.org, indicating the order number and attaching photos of the article in question. In the event of a return Capri will examine the returned product and inform you by e-mail if we will proceed with the refund. The refund of the item will still be made within 14 days from the date of sending a specific e-mail with which it will confirm to the user that it will proceed with the refund of the unsuitable item. The direct costs of returning the goods will be borne by the Buyer while the amount paid for the products returned due to damage or defect, if ascertained by Capri, will be fully refunded, including the delivery costs incurred for sending the same.
In case of purchase of promotional products (3x2 / Multipack) the return will be possible by proceeding as follows:
- Returning all purchased items, receiving the full amount spent, net of expenses of shipping costs;
- Proceeding with the return of one or more products purchased with the 3x2 promo, you will be recognized an amount equal to the initial purchase cost of the individual item, reduced by a value resulting from a weighted average discount of the three products.
The returned amount will always be net of shipping costs.
ARTICLE 8. LEGAL WARRANTY
The Legal Guarantee of conformity is governed by articles 128 et seq. Of the Consumer Code in favor of the consumer, who purchases products for personal use (i.e. for purposes unrelated to his professional or entrepreneurial activity) that present lack of conformity. The lack of conformity, subject to the Legal Guarantee of conformity, exists in the event that the product purchased is defective or does not allow the use for which goods of the same type are usually used, or is a product that does not however conform to the description made by the seller. The Legal Guarantee of conformity does not cover product defects deriving from normal wear and tear, abnormal or improper use, accidental events (e.g. fall) and in any case maliciously caused to the product itself, nor does it cover defects deriving from repairs carried out according to methods or by centers unauthorized. In the presence of a lack of conformity, existing at the time of delivery of the goods: Primarily, the Purchaser has the right to obtain the restoration, without charge, of the conformity of the goods by repair or replacement. The Purchaser, at his choice, can ask Capri to repair the good or to replace it, unless the requested remedy is objectively impossible or excessively expensive compared to the other. Repairs or replacements must be made within a reasonable time from the request. Secondly (if the first two remedies are impossible or excessively expensive, or have not been made within reasonable terms, or inconveniences), the Purchaser can request, at his choice, a reasonable reduction in the price, which must take into account the use that has been made of the product, or termination of the contract. Any conventional guarantees, additional to the Legal guarantee of conformity, provided by the manufacturer or retailer, do not replace or limit the rights deriving from the legal guarantee of conformity. The legal guarantee of conformity covers defects of conformity that have occurred within the term of two years from the delivery of the purchased product, provided that these defects are reported by the consumer within two months from the date on which they were discovered and on condition that the Purchaser has a proof of purchase (tax receipt or speaking receipt) with explicit indication of the Product.
ARTICLE 9. FORCE MAJEURE
None of the Parties will be responsible for the total or partial non-fulfillment or for the delay in the execution of their obligations under this contract which are caused by an event that cannot be prevented (hereinafter referred to as "Force Majeure"). Force Majeure events may include, but are not limited to, wars, riots, insurrections, serious disturbance of Internet security, technical failures, unauthorized access and / or intrusions on the website servers, strikes of any form, telematic failures or phone. If a Party assumes that a Force Majeure event has occurred, it must inform the other Party within 5 working days of the occurrence or the risk of occurring. The Parties agree to meet in order to jointly determine the terms and conditions for completing orders during the presence of a Force Majeure event. After 1 (one) month of interruption due to a Force Majeure event, Capri may choose to cancel the orders and refund the Buyer, where due.
ARTICLE 10. PROTECTION OF PERSONAL DATA
The inclusion of personal information collected in the context of distance selling is mandatory, as this information is necessary for the purpose of processing and delivering orders, as well as for issuing invoices. This information is strictly confidential. Failure to enter implies automatic refusal of the order. In accordance with law n. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the processing of personal information collected on the Site was the subject of a declaration at the National Council for Information and Civil Liberties(“Commissione Nazionale dell'Informatica e delle Libertà”). The User has a right of access, modification, correction and elimination of the data concerning him. To exercise this right, the User must send an email to the address: email@example.com The buyer can therefore make informed choices about the personal information he has provided to the Site.
ARTICLE 11. PARTIAL INVALIDITY
If one or more clauses of the GCS are deemed invalid or declared as such pursuant to law, regulation or by virtue of a final judgment, all the other clauses will remain fully valid.
ARTICLE 12. INTEGRAL CONTRACT
These GCS and the entire summary sent to the Buyer form an integral part of the contractual relationships between the Parties. In case of discrepancy between the aforementioned documents, the GCS will prevail.
ARTICLE 13. APPLICABLE LAW AND JURISDICTION
Italian law applies to the GCS and contractual relationships between Capri and the Buyer. For any dispute that may arise regarding the interpretation and / or execution of this contract, the Court of Naples will be exclusively competent.
ARTICLE 14. CHANGES TO THIS INFORMATION
Despite that Capri in any case does not proceed with processing operations other than those expressly authorized and / or requested by each User, this information may be subject to changes to comply with new legal provisions or changed data processing policies of Capri. Each updated version of this information will be made available on the Site in the dedicated section: Capri therefore invites all Users to periodically consult the Site to be informed of the latest version loaded.