Terms of service

Cazzaniga & Gaudenzi

Website: https://cazzanigaegaudenzi.com

1. Introduction and Scope

These Terms of Service govern your access to and use of the website located at https://cazzanigaegaudenzi.com (the "Website") and any purchases made through it. By accessing the Website or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety.

Cazzaniga & Gaudenzi is a business registered in Italy and operates in accordance with Italian law and applicable European Union regulations. These Terms apply to all visitors, registered users, and customers of the Website, regardless of their country of access within or outside the European Union.

If you do not agree with any part of these Terms, you must discontinue use of the Website immediately.

2. Operator Information

The Website is operated by:

Cazzaniga & Gaudenzi Country of Registration: Italy

For all contractual, legal, and regulatory correspondence, you may contact us via the contact details provided on the Website. Where required by applicable law, including Italian consumer law and EU regulation, written communications may be addressed to us at our registered business address as published on the Website.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 18 years of age to place an order or create an account on the Website. By using this Website, you represent and warrant that you meet this requirement. We do not knowingly collect personal data from individuals under the age of 18 in the context of commercial transactions.

3.2 Account Creation

Where the Website offers account registration, you agree to provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You must notify us immediately at the contact details listed on the Website if you become aware of any unauthorised access to or use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you breach these Terms, engage in fraudulent conduct, or if required to do so by applicable law.

4. Products and Services

4.1 Product Listings

Cazzaniga & Gaudenzi endeavours to ensure that all product descriptions, images, and pricing information displayed on the Website are accurate at the time of publication. However, we do not warrant that product descriptions or other content are error-free, complete, or current.

4.2 Availability

All orders are subject to product availability. If a product you have ordered becomes unavailable after your order has been confirmed, we will notify you as soon as practicable and offer you a substitute product, a revised delivery timeframe, or a full refund.

4.3 Product Images

Product images on the Website are provided for illustrative purposes. Colours, dimensions, and finishes may vary slightly from the actual product due to screen calibration differences or minor manufacturing variations.

5. Pricing and Payment

5.1 Prices

All prices displayed on the Website are quoted in Euros (€) and include Italian VAT (IVA) at the applicable rate, unless otherwise stated. Cazzaniga & Gaudenzi reserves the right to modify prices at any time without prior notice, provided that the price applicable to your order is the price confirmed at the time your order is accepted.

5.2 Payment Methods

We accept the payment methods listed at checkout. Payment must be received in full prior to the dispatch of goods. By submitting payment details, you confirm that you are authorised to use the payment method provided.

5.3 Payment Security

All payment transactions are processed through secure, third-party payment processors. Cazzaniga & Gaudenzi does not store full payment card details on its systems. Any payment data processed is handled in accordance with applicable Payment Card Industry Data Security Standards (PCI DSS) requirements maintained by the relevant processor.

5.4 Failed or Fraudulent Transactions

We reserve the right to cancel any order where we have reasonable grounds to suspect fraudulent activity or where payment cannot be verified or processed successfully.

6. Orders and Contract Formation

6.1 Placing an Order

By completing the checkout process and submitting your order on the Website, you are making a binding offer to purchase the selected products subject to these Terms. An order confirmation sent to your email address constitutes acknowledgement of receipt and does not itself constitute acceptance of your offer.

6.2 Acceptance of Order

A binding contract between you and Cazzaniga & Gaudenzi is formed only when we send you a separate dispatch confirmation or invoice confirming that your order has been processed and the goods have been shipped, whichever occurs first.

6.3 Order Cancellation by Us

We reserve the right to cancel or refuse any order at our discretion, including but not limited to cases involving pricing errors, stock unavailability, or suspected misuse of the Website. In such cases, any payments made will be refunded promptly using the original payment method.

7. Delivery and Shipping

7.1 Delivery Areas

Cazzaniga & Gaudenzi ships to destinations as listed on the Website at the time of purchase. Delivery availability may vary by product and destination.

7.2 Delivery Timeframes

Estimated delivery timeframes are provided at checkout and are for guidance only. We are not liable for delays caused by third-party couriers, customs procedures, force majeure events, or circumstances outside our reasonable control.

7.3 Risk and Title

Risk in the goods passes to you upon delivery. Title to the goods passes to you upon receipt of full payment.

7.4 Failed Deliveries

If a delivery attempt fails due to circumstances attributable to you (e.g., incorrect address provided, failure to collect), any additional re-delivery costs will be borne by you.

8. Right of Withdrawal and Returns

8.1 Statutory Right of Withdrawal

In accordance with EU Directive 2011/83/EU on Consumer Rights, as implemented in Italian law under the Codice del Consumo (Legislative Decree No. 206/2005), you have the right to withdraw from your purchase without giving any reason within 14 calendar days from the day on which you, or a third party designated by you, take physical possession of the goods.

8.2 Exercising the Right of Withdrawal

To exercise your right of withdrawal, you must notify Cazzaniga & Gaudenzi of your decision by means of a clear, unambiguous statement before the expiry of the withdrawal period. This may be communicated via the contact details available on the Website or by using a written declaration. You may, but are not required to, use the model withdrawal form provided under Annex I of Directive 2011/83/EU.

8.3 Return of Goods

Following notification of withdrawal, you must return the goods to us without undue delay and no later than 14 calendar days from the date on which you communicated your withdrawal. The cost of returning the goods shall be borne by you unless otherwise stated in our returns policy published on the Website.

8.4 Refunds

We will reimburse all payments received from you, including standard delivery costs, without undue delay and no later than 14 calendar days from the day on which we receive the returned goods or evidence that the goods have been dispatched, whichever is earlier. Refunds will be made using the same payment method used for the original transaction unless expressly agreed otherwise. We reserve the right to make a deduction from the reimbursement for any diminution in value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the goods.

8.5 Exclusions from Right of Withdrawal

Certain categories of goods are excluded from the right of withdrawal as provided under Article 16 of Directive 2011/83/EU, including but not limited to:

Goods made to the consumer's specifications or clearly personalised;
Sealed goods which are not suitable for return due to health or hygiene protection reasons and which have been unsealed after delivery;
Goods which have been inseparably mixed with other items after delivery.

9. Warranties and Conformity

9.1 Legal Guarantee of Conformity

As a consumer purchasing from Cazzaniga & Gaudenzi, you are entitled to the legal guarantee of conformity as provided under EU Directive 2019/771 on the sale of goods, implemented in Italy through Legislative Decree No. 170/2021. Cazzaniga & Gaudenzi is liable for any lack of conformity that exists at the time of delivery and becomes apparent within two years of delivery.

9.2 Remedies for Non-Conformity

In the event of a lack of conformity, you are entitled to request, in order of priority: repair or replacement of the goods, a proportionate reduction in price, or rescission of the contract and a full refund, in accordance with the conditions set out in applicable law.

9.3 Commercial Guarantees

Where Cazzaniga & Gaudenzi or a manufacturer offers an additional commercial guarantee, the terms and conditions of such guarantee will be set out in the guarantee document provided with the product or made available on the Website. Such commercial guarantees are without prejudice to your statutory rights.

10. Intellectual Property

10.1 Ownership

All content on the Website, including but not limited to text, images, graphics, logos, product photography, software, and data compilations, is the property of Cazzaniga & Gaudenzi or its licensors and is protected under Italian and EU intellectual property law, including EU Regulation 2017/1001 on the European Union Trade Mark and the EU Directive 2019/790 on copyright in the Digital Single Market.

10.2 Permitted Use

You may access and use the Website for personal, non-commercial purposes only. You may not reproduce, distribute, modify, adapt, transmit, display, publish, or create derivative works from any content on the Website without our prior written consent.

10.3 User-Generated Content

If you submit reviews, comments, or other content to the Website, you grant Cazzaniga & Gaudenzi a non-exclusive, royalty-free, perpetual licence to use, reproduce, and publish such content in connection with our business. You warrant that any such content does not infringe any third-party rights.

11. Prohibited Conduct

You agree that you will not:

Use the Website for any unlawful purpose or in violation of any applicable local, national, or EU law or regulation;
Engage in any conduct that is harmful, fraudulent, deceptive, threatening, abusive, or defamatory;
Attempt to gain unauthorised access to any part of the Website, its servers, or any systems connected to it;
Introduce any virus, malware, or other malicious code;
Engage in scraping, crawling, or data harvesting of the Website without our prior written consent;
Use automated systems to place orders or interact with the Website in a manner that circumvents access controls.

12. Limitation of Liability

12.1 General Limitation

To the maximum extent permitted by applicable law, including mandatory Italian consumer protection provisions, Cazzaniga & Gaudenzi shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Website or the products purchased.

12.2 Maximum Liability

Where liability cannot be excluded, our total aggregate liability to you shall not exceed the total amount paid by you for the order giving rise to the claim.

12.3 Mandatory Consumer Rights

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other matter which cannot lawfully be excluded or limited under Italian law or applicable EU consumer law.

13. Data Protection and Privacy

13.1 GDPR Compliance

Cazzaniga & Gaudenzi processes personal data in accordance with Regulation (EU) 2016/679 (the General Data Protection Regulation, "GDPR") and applicable Italian data protection law, including the provisions of the Codice in materia di protezione dei dati personali (Legislative Decree No. 196/2003, as amended by Legislative Decree No. 101/2018).

13.2 Data Controller

Cazzaniga & Gaudenzi acts as the data controller in respect of personal data collected through the Website. Full details of how we collect, use, store, and protect your personal data, as well as your rights as a data subject under Articles 15–22 GDPR, are set out in our Privacy Policy, available on the Website.

13.3 Your Rights

Under the GDPR, you have the right to access, rectify, erase, restrict processing of, and port your personal data, as well as the right to object to processing and to withdraw consent where processing is based on consent. You also have the right to lodge a complaint with the competent supervisory authority, which in Italy is the Garante per la protezione dei dati personali (www.garanteprivacy.it).

13.4 Cookies

The Website uses cookies and similar tracking technologies in accordance with the ePrivacy Directive (Directive 2002/58/EC, as amended by Directive 2009/136/EC) and applicable Italian implementing regulations. Details of the cookies we use and how you can manage your preferences are set out in our Cookie Policy, available on the Website.

14. Accessibility

Cazzaniga & Gaudenzi is committed to ensuring that the Website is accessible to all users, including those with disabilities, in accordance with the requirements of the European Accessibility Act (Directive (EU) 2019/882), as implemented in Italy. We aim to comply with WCAG 2.1 Level AA accessibility standards and actively work to improve the accessibility of our digital services. If you experience any accessibility barrier on the Website, please contact us so that we may address the issue promptly.

15. Alternative Dispute Resolution

15.1 Consumer ADR

In accordance with EU Regulation No. 524/2013 on Online Dispute Resolution for consumer disputes, the European Commission provides an Online Dispute Resolution (ODR) platform accessible at: https://ec.europa.eu/consumers/odr. Our email address for ODR purposes is as provided in the contact section of the Website.

15.2 Italian Conciliation Procedures

Consumers resident in Italy may also contact the competent consumer associations or conciliation bodies recognised under Italian law before resorting to judicial proceedings. We are committed to attempting to resolve disputes amicably before formal legal action is commenced.

15.3 Judicial Proceedings

Without prejudice to your rights under applicable consumer protection law, any dispute arising out of or in connection with these Terms that cannot be resolved through ADR shall be subject to the exclusive jurisdiction of the courts of Italy, subject to any mandatory jurisdictional provisions in favour of consumers under EU law, including Article 18 of EU Regulation No. 1215/2012 (Brussels I Recast), which provides that consumers may bring proceedings in the courts of their Member State of domicile.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of Italy and applicable European Union law. Where you are a consumer habitually resident in another EU Member State, you will continue to benefit from any mandatory protections afforded to you by the laws of that Member State which cannot be derogated from by agreement, in accordance with Article 6 of EU Regulation No. 593/2008 (Rome I).

17. Digital Services Act Compliance

Where applicable, Cazzaniga & Gaudenzi operates in compliance with Regulation (EU) 2022/2065 (the Digital Services Act, "DSA"). To the extent that the Website provides any hosting, indexing, or user-generated content functionalities, we maintain appropriate mechanisms for the reporting of illegal content and transparency in our content moderation practices as required under the DSA.

18. Amendments to These Terms

Cazzaniga & Gaudenzi reserves the right to modify these Terms at any time. Any changes will be published on the Website and, where the changes are material, we will take reasonable steps to bring them to your attention, including by notification via email where you have a registered account. Continued use of the Website following the publication of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease using the Website.

19. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable under applicable law, that provision shall be deemed severable from the remaining provisions, which shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy published on the Website, constitute the entire agreement between you and Cazzaniga & Gaudenzi with respect to your use of the Website and the purchase of products, and supersede all prior communications, representations, and agreements relating to the same subject matter.

21. Contact Information

For any queries, complaints, or correspondence relating to these Terms or your use of the Website, please contact Cazzaniga & Gaudenzi through the contact details published on the Website at https://cazzanigaegaudenzi.com.