General Terms and Conditions of Sales

1. Introduction

These general terms and conditions of sale are for the sales regulations of products sold via Internet, on our website www.commergo.com, in compliance with Italian law such as D.Lgs 206/2005 and relative further law modifications and updates.

The seller of the products of the Website www.commergo.com is: Cantika with registered office in Via San Paolino, 46 – 55100 Lucca - ITALIA

VAT n. 0243870465 - Tuscany, Italy

The visitor of www.commergo.com website, is obligated, before making purchases, to read carefully these "General Terms and Conditions of Sale", which also contains the informations about the Right of Cancellation, the "Privacy Policy" and " Cookie Policy ", by clicking on the links and which are always availableis on the www.commergo.com website.

The term "private consumers" refers to any natural person acting on www.commergo.com site for purposes not related to his trade, business or professional activity.

The agreement with Commergo through www.commergo.com website is governed by these “General Terms and Conditions of Sale" in accordance with Italian law. English is the language used to concluding this contract.

 

2. Choosing and ordering the goods

The features and prices of products for sale on www.commergo.com website are shown in each product page.

For the purchase of products, the www.commergo.com consumer (hereinafter Customer) must fill out and send the order form in electronic format, following the instructions contained in www.commergo.com website.

The customer will have to add the products to be purchased in the "Shopping Cart" and, after confirming their acceptance, will have to enter shipping information and billing data (if any), select the desired payment method and confirm the order.

By placing an order by www.commergo.com website, which has the value of a contractual offer, the Customer acknowledges and declares to have read all the information provided during the purchase procedure and to fully accept these “General Terms and Conditions of Sale” and the applicable terms of payment.

 

The contract between the Commergo and the Customer shall be considered as concluded with the order acceptance by the Commergo, such acceptance is communicated to the customer through an email, sent immediately after the payment, as confirmation of the order containing the order code, the shipping data and billing shipping data (if any), the list of ordered products with their essential features and the total price, including delivery costs. The customer shall check all the information included in the email and if he/she identifies mistakes in the order shall promptly contact the Commergo to contacts provided on www.commergo.com website in the "Customer Service" section, the Commergo is not responsible for non-delivery of goods ordered with data mistake provided by the customer.After this deadline, the order shall be processed for shipment and further changes will no longer be accepted.

 If the Customer refuses to accept one or more conditions mentioned in this “General Terms and conditions of Sale” is invited to do not make purchases on the www.commergo.com website

 

3. Product Information

The information and specifications relating to the products are available, with the relevant product codes, on www.commergo.com website.

The Customer may request any information about the products for sale on the www.commergo.com website using the contacts available on the "Customer Service" section.

4. Prices and shippings

Product prices are inclusive of all taxes and fees, with the exception of customs duties, where applicable. All prices are expressed in euros with relative indication of the exchange rates for other currencies selectable on our website: These are purely indicative and the customers are invited to verify the exact exchange with customers banks, before making purchases on our website.

Shipments in Italy and other European countries:

Throughout Italy shippings are always free. For the others countries the shipping costs depending on the weight and volume of the shipment and the country of destination, the shipping cost will be visible on our website at the time of order confirmation

For more informations about Shipping costs and times of deliveries please visit the page "Shipping and Delivery" or click here

 

5. Payment and invoicing

 

5.1 Payment Methods

The Customer may pay for the Products and the shipping expenses by PayPal, credit cards, debit cards, prepaid cards

 

• Credit card/debit card/prepaid card (by PayPal)

The circuits on which you can purchase on the Site are:

- Maestro

- Discover

- Visa / Visa Electron

- Mastercard

- American Express

- Carta Aura

To ensure maximum security, the client will perform the payment transaction directly on the secure server of paypal

The www.commergo.com site does not store any way the number of the customer's credit card. 

• PayPal

Once the order is confirmed, the Customer will be redirected to PayPal's website where he/she may carry out the payment with his/her account or by using a card, also a prepaid one, or also in the manner accepted by Paypal and in compliance with the relevant conditions.

• Credit card/debit card/prepaid card (by PayPlug)

The circuits on which you can purchase on the Site are:

- Maestro

- Visa / Visa Electron

- Mastercard

- Postpay

Once the order is confirmed, a window will open where the Customer can pay safely using a debit / credit or prepaid card. Payplug only uses secure protocols and 3-D Secure anti-fraud systems.

• Cash on delivery

This payment method is only available for shipments made in Italy and only for orders not exceeding € 500.00. Payment will be made upon receipt of the Products and will be made in cash. For shipments on delivery is the customer paying a shipping contribution of 5.90 €.

 

5.2 Invoicing of orders

Purchases made on www.commergo.com are not subject to the invoice issuance (within the Italian Law art. 22 c.1, DPR 633/72).

If the customer wants to receive an invoice, this will be possible to request the issuance, upon the order confirmation, adding related request in the field "If you would like to add a comment about your order, please write it in the field below." in the data entry page to shipment and invoice for the order, or by requesting it by mail to "[email protected]" no later than one hour after the conclusion of the order. In this case the invoice will be sent via email to the address indicated. Customer is responsible for the correct entry of invoice data and is expressly informed that, in case of failure to request the invoice when ordering, you can not subsequently request it.

 

6. Transport and Delivery

The Products purchased on the www.commergo.com website will be delivered to the address indicated by the Customer during the purchase procedure into "Shipping data" field.

All purchases will be delivered by express courier from Monday to Friday, except public holidays and national holidays. The Commergo is not responsible for unforeseen delays or not attributable to it.

The customer can at any time check the status of the order on the website www.commergo.com, by logging and viewing their own orders, or, in the case of express checkout, following the instructions received within the order confirmation email.

However, without prejudice to cases of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 5 (five) working days after confirmation the order to the Customer through a specific order confirmation email.

 

 - Shipments services for Italy, Europe and non-European countries

For shipments to Italy, and for all other countries Commergo uses various express couriers who are chosen depending on the destination country, in order to ensure the best service as possible.

Countries where the service is available: All EU COUNTRIES, and we also ship to:

BAHRAIN; BRUNEI; CHINA; SOUTH KOREA; EGYPT; UNITED ARAB EMIRATES; PHILIPPINES; JAPAN; HONG KONG; INDIA; INDONESIA; KUWAIT; SINGAPORE; ISRAEL, SRI LANKA; THAILAND; CANADA; USA; NORWAY; BELARUS; ALBANIA; ANDORRA; GIBRALTAR; GUERNSEY; ICELAND; LIECHTENSTEIN; REPUBLIC OF MACEDONIA; MONTENEGRO; SERBIA; SWITZERLAND; TURKEY; UKRAINE; BOSNIA AND HERZEGOVINA, MALAYSIA; RUSSIA; GREENLAND; UNITED KINGDOM; IRELAND; FRANCE; SPAIN; GERMANY; AUSTRIA; BELGIUM; POLAND; HOLLAND; SWEDEN; DENMARK; SWEDEN; NORWAY; UKRAINE; GREECE; FINLAND; HUNGARY; LITHUANIA; LATVIA; AUSTRALIA, NEW ZEALAND

Our prices do not include any customs duties

For all individual US customers (not companies) and for delivery in USA there are no customs duties for orders up to $800. (Could be applied other specific taxes from city, county or state government)

For more informations about Shipping costs and times of deliveries please visit the page "Shipping and Delivery" or click here

7. Right of cancellation

pursuant to art. 49, paragraph 4, of Italian Legislative Decree no. 21/2014

You have the right to terminate the contract, without giving any reason within 30 days from the delivery of the goods

The period expires after 30 days from the day when you or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

Returns 

To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase order through a statement to be sent within that period by:

  - registered mail a / r to the following address: Cantika, Via San Paolino, 46 – 55100 Lucca - ITALIA, P.IVA n. 0243870465.

    or sending an email to

  - email to [email protected] 

In both cases  the request must contain the order number received upon purchase on our site, the date of purchase and receipt of the goods

in addition to the name of the person who ordered the goods

The right of withdrawal is excluded in the following cases:

- Order of products to a customer not a consumer and / or requiring the invoice - order of products made to specifications or clearly personalized;

- Order of products customized on customer request

Therefore the right of withdrawal is applicable only to products purchased on our website that can be returned to Cantika, Via San Paolino, 46 – 55100 Lucca - ITALIA P.IVA n. 0243870465.

The products must be returned in the same box, sealed, in which they were received, and must not be used or damaged

In cases of cancellation by you of goods falling in the cases excluding the right of withdrawal Commergo will give back the purchased products, in complaining in the relevant expense.

The right of withdrawal applies to the order in its entirety; therefore, if the order is made up of several products, it is not possible to exercise the withdrawal only on a single product purchased.

Shipping costs are excluded from the right of withdrawal

Effects of withdrawal

If you withdraw from this contract (except in the cases listed above where the withdrawal is excluded) we shall reimburse payments received on our behalf.
Refunds will be made within 14 days from the arrive of returned products to our warehouses
Refunds will be made for your benefit, and using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise or that your payment was made by cash (in the latter case, the refund will be made to by bank transfer to His address you indicated)

In order to exercise the right of withdrawal you will have to wait for instructions from the staff of Commergo

You are responsible for the decrease in value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

8. Returns in case of cancellation right exercising

pursuant to art. 49, paragraph 4, of Italian Legislative Decree no. 21/2014

Commergo processes returns in a maximum time of 14 days (working days) from receipt of the return request by the Customer

 

9.  Warranty and Conformity Lack

In case of conformity lack of the products, sold by Commergo, the customer must immediately contact the Customer Service using the appropriate contact form accessible on the Website in the “Customer Care” section.

The sale of products shall be subject to the legal warranties provided in the Consumer Code. The Customer is entitled, at his/her option and to the extent that the type of the Product permits so, to a free of charge restoration of the product’s conformity by repair or replacement, or to an appropriate reduction of the price or to the termination of the agreement. The Customer loses these rights if does not report the lack of conformity to Commergo within two months from the date in which the defect is discovered.

10. Mistakes and liability limitations

The information relating to the products for sale through www.commergo.com website are constantly updated. However, Commergo cannot guarantee the complete absence of mistakes of which therefore Commergo will not be held responsible, except in cases of wilful misconduct or gross negligence.

Commergo reserves the right to correct any mistakes, inaccuracies or omissions even after an order has been sent, or to modify or update the product-related information, including the price, at any time without prior notice, without prejudice to the consumer rights under these General Terms and conditions of Sales and of the Consumer Code.

Without prejudice to cases of wilful misconduct or gross negligence, every customer's right to compensation for damages or to the recognition of an indemnity is excluded, as well as any liability in contract or tortious liability for direct or consequential damages to persons and/or things, caused by the lack of acceptance or even partial fulfilment of an order.

11. Complaints

Any complaint must be forwarded to Commergo using the contacts always available in www.commergo.com website within the "Customer Service" section.

Letters must be send via registered letter, to the addressed:

Cantika - Via San Paolino, 46 – 55100 Lucca - ITALIA   VAT n. 0243870465.

The Commergo is committed to respond to all requests received in the shortest time as possible.

13. Applicable legislation and Jurisdiction

The sales contract between the customer and Commergo is intendedly made in Italy and regulated by Italian law. For the solution of disputes concerning the interpretation, execution or termination of these General Terms and Conditions of Sales or individual purchase orders if the customer is a consumer under the Consumer Code meaning,  the Court of the customer place of residence or domicile shall have exclusive jurisdiction if located within the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Pisa, excluding any other competent court.

Pursuant to Article 1341 of the Italian Civil Code, customer confirms to have read, understood and accepted, and expressly accepts, the following Clauses of the General Terms and Conditions of Sales:       

6. Within the responsibilities for delivery delays

10. Whitin the cancellation right


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