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General Conditions of Sale
1. Introduction
1.1. The sale of CULTI branded products executed remotely through this site
(hereinafter referred to as the “Website”) is governed by the following General
Conditions of Sale. The products offered on the Website are sold directly by CULTI
Milano Ltd. (hereinafter referred to as “CULTI”). CULTI is a company incorporated
under Italian law, with registered office at Via Santa Sofia, 27 - Italy, VAT identification
number 08897430966, REA (Index of Economic and Administrative Information) n.
2055576 MI, Deposited Share Capital Euro 3.095.500,00.
1.2. The use of the remote sale service regulated by the General Conditions of Sale
hereof is exclusively reserved to consumers (hereinafter referred to individually as
“Customer” or, collectively, “Customers”) intended as natural persons acting for
purposes not possibly related to the their business, entrepreneurial, artisanal or
professional activities, over the age of 18 (or, if younger, authorised by their legal
representative).
The resale or transfer of the products purchased on the Website for any commercial
or professional purpose whatsoever is expressly prohibited.
1.3. The Products offered for sale on the Website will be delivered exclusively in Italy.
1.4. The languages used to execute any contract of sale through this Website are:
Italian and English. Nevertheless, Italian is preferred.
1.5. The General Conditions of Sale hereof are published on the Website to enable
Customers to acknowledge, store and reproduce them, in compliance with current
legislation.
1.6. The purchase of the products is exclusively regulated by the General Conditions
of Sale published on the Website and valid at the time of the relevant purchase.
CULTI reserves the right to amend and/or supplement the General Conditions of Sale
hereof at any time.
Any amendment and/or supplementation shall only be valid in relation to purchases
made after the release date of the new version of the General Conditions of Sale.
The replacement of the General Conditions of Sale hereof with a new version results
in the consequent non-applicability, ineffectiveness and non-enforceability of the
former version towards CULTI with regard to purchases made after this version is
removed from the Website. The same principle applies in the event such General
Conditions of Sale are in any way available and/or accessible to the general public
through other internet websites other than the one indicated above.
2. Availability of the Products
2.1. The Customer acknowledges that CULTI-branded products offered on the
Website (hereinafter referred to as the ‘Products’) are limited in number and he/she is
therefore aware that CULTI will need to check their availability at the time of the
purchase.
2.2. Occasionally, the availability of certain Products may incur inconveniences. In
such circumstances, CULTI will inform the Customer promptly (and in any case within
the deadlines specified below) by email that the order placed has been cancelled.
In the event the order is only partially available, the Customer will be informed. Should
this be the case, the Customer will be asked if he/she either wishes to receive the
Products that are available or fully cancel the order.
2.3. CULTI reserves the right to vary the articles offered for sale on the Website at any
time, without any notice.
3. Purchasing Process
3.1. Each Product offered for sale on the Website can be viewed by following a
dedicated link displaying the article’s photographic images, unit price, colours and
sizes.
3.2. The Customer may purchase one or more Products for a maximum of 5 units per
Product, except as otherwise established for certain types of Products. CULTI
reserves the right at any time to vary the limits on the amount of Products that can be
purchased through its Website.
3.3. The Products selected by the Customer will be placed into a specific section
(hereinafter referred to as the “Shopping Bag”).
3.4. Although CULTI constantly takes steps to ensure that the photographs displayed
on the Website accurately reflect the original products, there may be some
discrepancies due to the technical characteristics and colour resolution of the device
used by the Customer. As a result, CULTI will not be responsible for any possible
inadequacy of the graphic representations of the Products displayed on the Website if
due to the above mentioned technical reasons.
3.5. To view the Products selected and the total price of the purchase order, please
visit the Shopping Bag page.
Before confirming the relevant order (hereinafter referred to as the “Order”), the
Customer is required to check the accuracy of the contents of the Shopping Bag and
fill in the Order form in accordance with the instructions provided on the Website.
3.6. The purchasing process is completed as soon as the Customer presses the
relevant final Order confirmation button (hereinafter referred to as the “Buy Button”),
thereby validating his/her Order, which will be directly submitted to CULTI.
After pressing the Buy Button, the contents of the Order may no longer be modified by
the Customer.
3.7. Before confirming the Order, the Customer is required to confirm that he/she has
read and accepted the General Conditions of Sale hereof. At the end of the purchasing
process, it is advisable that the Customer save or print off the General Conditions of
Sale.
3.8. The purchasing process must be fully completed; failure to do so entails that the
Order cannot be submitted to CULTI.
3.9. Each Order and the Customer’s data required for the purchase will be stored by
CULTI for the time period provided for and in compliance with the terms of current
legislation.
Any use of the Customer’s data for purposes other than the purchase will be subject
to the relevant Customer’s prior and express consent according to the conditions set
forth in the “Privacy Policy Statement” published on the Website.
3.10. The Customer is aware that he/she is responsible for the accuracy and
truthfulness of all the data entered on the Website or otherwise used at the time of the
purchase.
4. Execution of the Contract
4.1. Upon confirmation of the Order, the Order is submitted to CULTI for processing
and cannot be further modified.
The Order placed by the Customer will only be processed by CULTI if the entire
purchasing process has been duly completed, without any error being reported by the
Website.
4.2. The contract by and between CULTI and the Customer will be deemed to have
been executed as soon as the Customer receives one or more confirmation e-mails
from CULTI (hereinafter referred to as the “Confirmation Email”).
The Confirmation Email will be sent to the address indicated by the Customer in the
order form and will contain the relevant confirmation and a summary of the conditions
of the sale, the total order price, including any shipping costs, the address for
complaints and after-sale customer care services.
The Customer’s right of withdrawal and its exercise are explained in the relevant
section “Conditions of Sale” referred to in the paragraph “Right of Withdrawal”.
4.3. CULTI reserves the right to reject the Order placed by a Customer in the following
events:
a) The Products included in the Order are unavailable;
b) There is a legal dispute between CULTI and the Customer relating to a previous
Order;
c) The Customer breached the General Conditions of Sale on previous occasions
or has not fulfilled his/her obligations deriving from a prior contract executed with
CULTI;
d) It emerged that the Customer is purchasing the Products in order to resell them
or sell them for commercial or professional purposes;
e) The Customer has been involved in, or is suspected of, illegal or fraudulent
activities.
In such events, CULTI will inform the Customer by email, within 30 (thirty) days from
the date of receipt of the Order, of the cancellation of the Order received. In that case,
no Order shall be deemed to have been accepted by CULTI and no contract shall be
deemed executed between CULTI and the Customer.
4.4. In the event of partial availability of the Product, the Customer will be in the
position to choose either to receive the only Products available or fully cancel the
Order. If the cancellation is only partial, the Customer will only be charged for the price
of the Products actually purchased.
5. Price and Method of Payment
5.1. The prices of all Products offered for sale on the Website are shown in Euro and
are inclusive of VAT.
5.2. The total price displayed in the Shopping Bag includes possible shipping costs,
which will be indicated separately.
In any event, CULTI will seek the Customer’s express consent to charge any additional
cost.
5.3. The prices shown on the Website and displayed in the Shopping Bag section upon
confirmation of the Order by the Customer shall be charged to the latter, provided that
the Products ordered are available in that moment.
CULTI reserves the right to modify the prices of the Products offered for sale on the
Website at any time and without notice.
5.4. CULTI only accepts the following payment methods:
- Bank transfer from an Italian current account opened in the name of the person
making the purchase;
- PayPal.
5.5. For the purposes of credit card payments, the Customer confirms and warrants
that he/she is the owner of the credit card used for the purchase and the accuracy of
all the relevant data entered at the time of purchase, such as: credit card number,
expiry date and, if applicable, the security code.
Transaction amounts shall be charged to the Customer only following:
(i) the verification of the credit card data, (ii) receipt from the company issuing the
credit card used by the Customer of the debit authorisation, and (iii) CULTI‘s
confirmation that the product is available and, in any event, after the Order is ready to
be processed.
5.6. For the purposes of payment through other payment service providers, the
Customer confirms and warrants that he/she is the owner of the account used for the
purchase.
Customers shall only be charged the relevant transaction amounts upon receipt of the
Confirmation Email from CULTI.
5.7. The purchased Products will only be shipped after due payment of the amount
owed by the Customer.
In the event the Customer cannot be charged the due amounts for any reason
whatsoever, the sale process will be automatically terminated and the sale cancelled.
The Customer will be subsequently notified accordingly.
5.8. In the event one or more Products are unavailable and the Customer has decided
not to fully cancel the order, he/she will only be charged the price of the available
Products and the possible related shipping costs.
6. Delivery
6.1. The Customer will receive the Products separately as soon as they will be ready
for shipping. The Products will be delivered to the address indicated by the Customer
in the Order. The Customer’s signature will be requested upon delivery of the
Products.
6.2. For security reasons, CULTI shall not process any order addressed to a mailbox
or accept any order that does not allow to identify the natural person held to be the
recipient of the order and the relevant address.
6.3. The Products offered for sale on the Website can only be delivered to the Country
indicated above (Section 1.3). Therefore, any Order entailing delivery outside of this
Country will be automatically rejected upon processing of the Order.
6.4. In the event the Customer is subject to the application of shipping costs, such
costs will be indicated expressly and separately from any other cost or expense upon
completion of the filling in of the Order.
6.5. In compliance with the applicable current legislation (Consumer Code Article 61),
the due deadline within which CULTI is required to deliver the Products purchased is
30 (thirty) days from the date of execution of the contract, with the exception of events
of force majeure.
6.6. In the event that CULTI does not deliver the Products ordered within the above
mentioned time limit, the Customer shall request that CULTI delivers such Products
within an additional due deadline adequate to the circumstances, in accordance with
the applicable current legislation.
The Customer shall have the right to immediately terminate the contract if the Product
ordered is not delivered within the additional due deadline potentially indicated.
6.7. CULTI reserves the right to split the Order into multiple shipments, according to
the availability of the Products for the delivery. The Customer will receive the Products
separately based on their shipping availability.
6.8. Upon shipment of the Product purchased, an e-mail will be sent to the address
the Customer indicated in the Order. The e-mail will contain the shipment tracking
code that will enable the Customer to get updates on the delivery status in real time.
CULTI’s Customer Service shall provide the assistance required for any potential
problem relating to the delivery. The Customer may contact CULTI‘s Customer Service
by email at: ecommerce@culti.com
6.9. The Customer shall bear the risk of loss or damage to the Products only when
he/she, or a third party nominated by the Customer and other than the carrier,
physically takes possession of such Products.
On the contrary, if the loss or damage to the Product occurs prior to the physical
delivery to the Customer or a third party nominated by the Customer, CULTI shall
refund the Customer any amount already paid.
7. Conformity of the Products
7.1. Upon delivery, the Customer (or a nominated representative) is required to: (i)
check that the number of the packages delivered corresponds to what is indicated on
the delivery note;(ii) check that the packaging and its seals are intact, undamaged, not
wet or altered in any way; (iii) sign the delivery note; and (iv) if requested by the
Courier, show his/her ID. Any damages to the packaging and/or to the Products or
discrepancies in the number of the items delivered or any other information must be
immediately reported in writing on the Courier’s delivery note.
Where authorised by the legislation in force, once the Courier’s delivery note has been
signed without any objection, the Customer may not be entitled to complain about the
exterior characteristics of the delivered parcel.
7.2. In the event of existence of manufacturing defects or lack of conformity, the
Customer shall be entitled to demand that the products conformity be restored either
through fixing or replacement of the Product, free of charge. If the remedy demanded
is objectively impossible or excessively onerous compared to the other remedy, the
Customer may request a congruous reduction in price of the Products or, alternatively,
the termination of the contract. It is understood that the Customer will lose such rights
if he/she does not notify the lack of conformity of the Product to CULTI within 2 (two)
months from the date the defect was discovered. Actions aimed to claim an alleged
lack of conformity of the Products can only be brought to court within 26 (twenty-six)
months from the date of delivery of the relevant Products.
8. Returns and Refunds – Withdrawal
8.1. The Customer has the right to withdraw from the contract, without giving any
reason, within 14 (fourteen) days from the date he/she (or a nominated representative)
physically takes possession of the Products. For split deliveries, the relevant date shall
begin on the day the Customer takes possession of the latest Product.
8.2. Within the deadline provided for in the previous Section 8.1, the Customer may
start the return process as follows:
• By sending an email to the following address: ecommerce@culti.com
8.3. If the Customer complies with the procedure set forth in the paragraph above, the
carrier appointed by CULTI will collect the parcel containing the Products to be
returned free of charge.
If, on the other hand, the Customer does not comply with such procedure, the return
costs and any liability for loss, theft, damage or delay in the delivery shall be borne by
the Customer.
8.4. The Customer undertakes to return the Products for which he/she has exercised
the relevant right of withdrawal without undue delay and, in any case, within 14
(fourteen) days from the date the exercise of the right of withdrawal is notified to
CULTI.
8.5. Products must be returned in the same conditions in which they were delivered.
The Customer must therefore ensure that the Products are intact and complete, that
they have never been used, worn or damaged in any way, and returned in their original
packaging, equipped with all the labels they were received with. The Customer also
agrees that, for safety and sanitary reasons, the Products cannot be returned if the
sealing cellophane and the original packaging have been opened, damaged, altered
or removed. CULTI shall check the packaging and conditions of each Product
returned, being the substantial integrity of such Products an essential requirement for
the exercise of the right of withdrawal.
CULTI reserves the right to reject the return of the Products that have been damaged,
deteriorated, stained or appear to be in a condition that unequivocally shows that they
have been used for purposes other than for those verifications by the Customer strictly
necessary to establish the nature and characteristics of the purchased Product.
If the return is rejected, CULTI shall send a specific notice to the Customer and shall
consequently not proceed to credit the amount paid by the Customer, reserving also
the right to claim compensation for any damage attributable to the Customer’s
behaviour.
8.6. CULTI shall refund any due amount for the Products returned without undue delay
and in any case within 14 (fourteen) days from the date on which CULTI becomes
aware of the exercise of the right of withdrawal by the Customer.
In any event, CULTI reserves the right to withhold the refund either until receipt and
verification of the Product or until proof by the Customer that he/she has returned the
product duly and in intact conditions, being aware of whichever occurs first.
The aforementioned refund shall be made by crediting the amount paid by the
Customer with the same payment method used for the purchase.
CULTI shall send the Customer a refund confirmation email.
8.7. CULTI shall not be under the obligation to refund the delivery costs of the Products
in the event the Customer has specifically selected a delivery method other than the
standard one offered by CULTI.
8.8. The return of the Products in accordance with this Article is only permitted in
relation to the purchases made on the Website.
9. Limitation of liability
9.1. Except in the event of wilful misconduct or gross negligence, CULTI shall in no
way be liable to the Customer for any indirect or consequential damages that may
arise from the purchase of the Products offered for sale on the Website.
10. Authenticity of the Products and Intellectual Property Rights
10.1. CULTI warrants the authenticity and high quality of all the Products offered for
sale on the Website.
10.2. The “CULTI’s” trademark, as well as all the illustrations, images and logos found
on the “CULTI” products, relevant accessories and/or packaging, whether registered
or not, are and shall remain exclusive property of CULTI. It is strictly forbidden to either
fully or partially reproduce, alter, tamper with or use such trademarks, illustrations,
images and logos, for whatever reason and on any device.
11. Replacement of Products
11.1. Without prejudice to the Customer’s rights according to Sections 7 and 8 of the
General Conditions of Sale hereof, CULTI entitles the Customer to replace Products
purchased on the Website. To this end, the Customer shall:
(I) Contact CULTI at ecommerce@culti.com within 30 (thirty) days of receipt of
the Products, and, (II) after that, the Customer shall return to CULTI the
Products to be replaced. To return the Products, depending on the arranged
pickup method, the Customer shall contact the carrier directly or follow the
directions on the pickup organised by CULTI.
11.2. The Products shall be returned intact, unused, undamaged and with their original
labels still attached. The Customer shall be held exclusively liable for any diminished
value of the Product resulting from the handling of the Product other than what it is
necessary to establish its nature, characteristics and functioning.
11.3. The amount paid by the Customer shall be reimbursed by CULTI, through the
same payment method used by the Customer for the initial purchase, within 14
(fourteen) days after the returned Products have been delivered to CULTI.
11.4. CULTI will accept the replacement subject to the availability of the new Products
requested.
11.5. The replacement will be processed by CULTI as a new order and, thus, subject
to the same terms and conditions as set out in these General Conditions for the initial
order. In particular, if the Products that the Customer wishes to replace have been
initially paid by credit card, CULTI will first refund the price initially paid by the
Customer and then will charge the price of the new requested Products. In case of
payment by bank transfer, if the price of the requested Products is the same as the
price of those initially purchased, CULTI will withhold the amount initially paid by the
Customer for the latter.
If the price is different, CULTI will refund – or request the Customer to pay – the
difference, as the case may be.
12. Force Majeure
12.1. CULTI reserves the right to suspend the provision of services in the event of
unforeseeable circumstances or of force majeure that may impede or delay its
execution.
War, turmoil, insurrections, strikes, pandemics and CULTI supply problems
attributable to third-party suppliers are considered as such, for example, but not limited
to. As a matter of fact, another possible unforeseeable circumstance is the Customer
failing to provide the correct shipping address.
12.2. CULTI shall inform the Customer about the occurrence of unforeseeable
circumstances or event of force majeure no later than 7 days following the
occurrence of the event.
Should the suspension of the obligations last for longer than 15 days, the
Customer has the right to cancel the order and will receive reimbursement for any
amount he/she has already paid, in compliance with what it is established in the
General Conditions of Sale hereof.
13. Contact Details
13.1. For any complaint, additional information or assistance relating to the Website
or to the purchasing process and, in any event, for any request for information and/or
clarification with regard to the General Conditions of Sale hereof, Customers may send
an email to the following address: ecommerce@culti.com, contact the E-commerce
Client Service, or CULTI at the following number: +390249784974.
14. Disputes
14.1. The General Conditions of Sale hereof are regulated by and will be interpreted
in accordance with Italian law.
14.2. In the event of a dispute arising from the interpretation and/or application of the
General Conditions of Sale hereof, the Court of the place where the Customer is
domiciled or resident (pursuant to ex Article 66 bis of the Consumer Code) shall have
exclusive and mandatory jurisdiction.
Alternatively, pursuant to Article 14 of the EU Regulation 524/2013/EU, the Customer
may opt for one of the out-of-court dispute settlement procedures provided for under
the applicable laws currently into force. To this end, the Customer may use the on-line
platform provided by the European Commission, available on the internet
website http://ec.europa.eu/odr.