| BINDING CONTRACT
The contract stipulated between CARACALLA Sagl and the customer is considered binding with order acceptance by CARACALLA Sagl even for only a part of the items ordered by the customer. This acceptance can be tacit and does not depend on any order confirmation sent by CARACALLA Sagl to the customer. By placing an order, the customer states to have fully read and accepted the following general sales conditions. The customer must ensure that the information contained in the order confirmation is correct and promptly communicate any corrections to the contact address indicated on the site. CARACALLA SAGL will promptly inform the customer of failure to accept the order via e-mail. CARACALLA SAGL cannot be held liable by contract or in tort for direct or indirect damages to people and/or property caused by the failure to accept, even partially, an order. Thus customer has no right to damage compensation or indemnity for the failure to accept, even partially, an order. CARACALLA SAGL reserves the right to alter the prices of its items at any time; the price due by the purchaser will be the one in effect at the time the order is saved (upon booking product availability). COPYRIGHT All content available on the www.caracalla.ch and www.carashop.ch websites, specifically text, logos, buttons, images, audio clips, are property of DAVINES [comfort zone] or of CARACALLA SAGL and protected by international copyright laws. PRICES All prices are in Swiss Francs. PAYMENT METHOD CARACALLA SAGL accepts the following forms of payment: · PAYPAL At no point in the purchase procedure is CARACALLA SAGL able to know the information on the purchaser’s credit card, transmitted via protected connection directly to the credit institution that manages the transaction. No CARACALLA SAGL computer database stores this data. In no case may CARACALLA SAGL be held liable for any fraudulent or undue credit card use by third parties upon purchased product payment. ORDER CANCELLATION BY THE CUSTOMER Shipping fees are still due should the purchaser decide to cancel the purchase after shipment. PAYMENT DEFAULT Should payment and/or proof of payment not be received within the set deadline, the order shall be considered cancelled unless otherwise agreed in advance between CARACALLA SAGL and the purchaser. CARACALLA SAGL shall communicate the cancellation via e-mail. ORDER FILLING AND SHIPMENT The order is considered filled when dispatched to the shipping agent. Normally, CARACALLA SAGL fills order within two business day of payment for items in stock. Shipping agents are liable for delivery schedules and not controlled by CARACALLA SAGL. CARACALLA SAGL cannot be held liable for delayed order filling or delayed delivery b the shipping agent. Shipping fees are always borne by the customer and thus cannot be reimbursed in the event of returns. Shipping is free in Switzerland for order amounts over 70.00 CHF. For orders under 70.00 CHF, shipping fees for Switzerland are 7.00 CHF, VAT included CHECKS AT RECEIPT Upon delivery of the goods by the shipping agent, the customer should check: • that the number of delivered packages corresponds to that indicated in the shipping bill; • that the packaging is intact, not damaged nor damp or otherwise altered, including the closing materials (adhesive tape or metallic staples). Any packaging and/or product damages or inconsistency of the number of packages or indications must be immediately reported, by WRITTEN SUBJECT TO CONTROL, on the shipping agent’s shipping bill. Once the shipping bill is signed, the customer cannot make any claims concerning the exterior features of that delivered In the case of problems reported to the shipping agent and other problems concerning physical integrity, correspondence or entirety of the products received must be reported to CARACALLA SAGL at: info@caracalla.ch within 2 days of delivery. RETURNS AND REPLACEMENTS Provided the customer can always exercise the right to withdrawal as per law described later, CARACALLA SAGL applies the following return and replacement policy: – The customer must send an e-mail to info@caracalla.ch with any request to return or replace goods received and ship goods within 14 days of receipt. The stamp is proof of the return shipment date. – CARACALLA SAGL agrees to respond within 2 business days and reserves the right to propose alternative solutions to best satisfy the customer. Should the customer intend to return or exchange goods, CARACALLA SAGL shall send prompt instructions on return procedures. – Return shipments are at the customer’s liability and expense. Goods return methods are chosen by the customer and travel at the customer’s risk and liability. – If the return id due to quality defects, acknowledged by CARACALLA SAGL, CARACALLA SAGL shall pay all shipping fees unless otherwise agreed with the customer. Any returns by the customer, even for exchanges, are subject to specific conditions (see: Withdrawal Rights). Returns are shipped by ordinary mail (unless otherwise agreed in advance with customer services) to the following address: CARACALLA SAGL – Via M.Boschetti-ALberti 1, 6900 Lugano, Switzerland. WITHDRAWAL RIGHTS By law, the customer has the right to withdraw from the purchase contract for any reason, without need for justification and without any penalties, except for the conditions indicated below in this paragraph. To communicate withdrawal, the communication via e-mail indicated in paragraph 8 is sufficient, provided it clearly and explicitly contains the customer’s will to withdraw from the purchase and receive reimbursement. Once this withdrawal communication is received, CARACALLA SAGL shall promptly provide the customer with instructions on how to return goods which must be received by CARACALLA SAGL without 10 days of authorisation. Withdrawal rights are subject to the following conditions: – For hygienic reasons and since cosmetic products are easily perishable, opened products cannot be returned. Products must be returned intact, with the external packaging still sealed and in perfect conditions. – Products whose original packaging is labelled, taped or marked by the customer are not accepted. – by law, the customer shall bear shipping fees for returns; – the customer is fully liable for shipping until received by our warehouse; – in the event of damages during transport, CARACALLA SAGL shall inform the customer (within 5 business days of receipt at our warehouse), to allow him/her to promptly file claims with his/her chosen shipping gent and obtain reimbursement of the value of the goods (if insured); in this case, the product will be made available to the customer for returns, simultaneously cancelling the request for withdrawal; CARACALLA SAGL cannot be held liable for damages or loss/theft of returned goods shipped uninsured. Under the conditions above, CARACALLA SAGL shall reimburse the entire amount initially paid by the customer within 7 days of return or, in the event of partial return, the amount concerning the returned items. Reimbursement may not include the value of packaging or gift wrapping if not returned intact Should goods be paid with credit card, reimbursement will be completed with the same method. If the customer’s order benefited from free or discounted shipping, since the order amount was over the minimum required to benefit from this condition, and the customer subsequently exercises the right to withdrawal for some or all items, an amount will be deducted from the customer’s reimbursement as shipping and packaging fee contributions unless the customer keeps items totaling a price that exceeds the minimum required for free shipping. In this case, the value of this contribution deducted from the reimbursement is the shipping fee indicated on the website, corresponding to the shipping method used for the original shipment and, in any case, this contribution will not be under CHF 15.00 for shipments in Switzerland and 50.00 EUR for shipments to other countries. In the event of returns, the purchaser shall bear all shipping fees from the purchaser’s home to the CARACALLA SAGL address as well as any customs duties and VAT due to customs. CARACALLA SAGL shall provide the best assistance possible for customs clearance. The purchaser must provide any documentation required for customs clearance. CLAIMS Any claims must be sent via e-mail to info@caracalla.ch or CARACALLA SAGL – Via M.Boschetti-ALberti 1, 6900 Lugano, Switzerland. APPLICABLE LAW The sales contract between the customer and CARACALLA SAGL is intended binding in Switzerland and governed by Swiss law. Any controversies arising from the binding contract shall only and exclusively be submitted to the court of Lugano.
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