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Purchase conditions

1. INTRODUCTION


These terms and conditions govern the use of our website and the agreement between us and you (the “Terms”).  These Terms (together with any other documents specified in these Terms) establish the rights and obligations of all users (hereinafter - “You”, “Yours”) and PE Cortesi C.U. (hereinafter - “us”, “ours”  , “We”, “Seller”) in relation to the use of this website and the services and / or goods offered by us through this website.  Please read these Terms carefully.  By using our website or by placing an order, you accept the obligations specified in these Terms.  In case of disagreement with all the Terms on your part, please do not use this website.


These Terms are subject to change, therefore we advise you to regularly check them for relevance, since at the time you use the website or place an order, the legally binding Terms should be applicable to such use or placement of the order.


If you have any questions about these Terms, you can visit our website or contact us through the feedback form on the website.


PE Cortesi C.U., which carries out trading activities under the brand name Carolina Cortesi, is an private entrepreneur registered in Ukraine, legal address: 61153, Kharkiv region, Kharkiv, 5 Gvardeytsev-Shironintsev street, building B, apartment 104, individual tax number 37507880.


2. USE OF OUR WEBSITE


These Terms are the only terms and conditions applicable to the use of this website and supersede all other terms and conditions, unless the Seller has given prior written express consent.  These Terms are important both for you and for us, as they were designed to conclude an agreement between you and us that is legally binding and protects your rights as a valuable customer and our rights that we possess as an enterprise.  You agree to read these Terms and agree that by placing an order, you unconditionally accept these Terms.


You agree to the following provisions:


  1. You are entitled to use the website only for the purpose of placing legitimate requests or orders.


  1. You may not place speculative, false orders or orders for the purpose of committing fraud.  If we have reason to believe that you have placed such an order, we have the right to cancel such an order and notify the relevant authorities about it.


  1. You also agree to provide us with the correct email address, postal address and / or other contact details and acknowledge that we are entitled to use such data to contact you in case of such a need.


In the event that you have provided us with an incomplete amount of information that we need, we will not be able to fulfill your order.


By placing an order on the website, you guarantee that you are at least 18 years old, or, if you are under 18 years old, you guarantee that the right to place an order is granted to you by law and that you have the legal capacity to enter into binding contracts.


 3. ESTABLISHMENT OF AGREEMENT RELATIONS


The information specified in these Terms and contained on this website is not an offer.  A contractual relationship between you and us arises only after we receive a correctly executed order and send you a Shipment Confirmation (as defined below).

If the order was placed by you incorrectly or was not received by us, and at the same time the money was debited from your account, such money must be returned to you in full.

To place an order, you need to follow all the online purchase procedures and click on the “Authorize payment” button to place an order.  After that, an email will be sent to your email confirming that we have received your order ("Order Confirmation").  Next, we will confirm the acceptance of your order by sending an email confirming the shipment of the goods to your e-mail (“Confirmation of Shipment”).  The contract of sale of products (the “Contract”) between us and you is concluded only after we have properly identified you as the person who placed the relevant order and sent you a Shipment Confirmation.  The contract is valid solely for products whose shipment is confirmed in the Shipment Confirmation.  You agree that the Agreement is valid only for products whose shipment is confirmed in the Shipment Confirmation.


 4. AVAILABILITY OF PRODUCTS


All product orders are placed subject to the availability of products, and in this regard, in case of delivery difficulties or if the product is not available, we reserve the right to provide you with information on replacing an order for products of the same or higher quality with  which you can place an order.  If you do not wish to place an order for products offered for replacement, we will refund you all the money that you could have paid by this time.


 5. REFUSAL OF ORDER PROCESSING


We reserve the right to remove any products from the website at any time and (or) delete or edit any materials or content on this website.  Despite the fact that we must make every possible effort to process all orders, exceptional circumstances may occur, which means that we may need to refuse to process the order after sending you a Shipment Confirmation.  We reserve the right at any time at our discretion to refuse to process the order in the event of the above circumstances.

We do not bear any responsibility to you or any third party due to the removal of any products from the website, regardless of whether such products were sold, the removal or editing of any materials or the filling of this website,  refusal to process or accept the order after sending you a Shipment Confirmation.


 6. RIGHT TO CANCEL ORDER / TERMINATION OF THE AGREEMENT


If you conclude an agreement as a consumer, you have the right to terminate the Agreement in accordance with paragraph 11 of these Terms.


The right to terminate the Agreement only applies to products that were returned in the same condition in which you received such products.  At the same time, you must also return all instructions, documents and packaging provided with the product.  In relation to products that were damaged or are not in the condition in which you were received, or lost their original appearance before opening the package, the amount paid is not refundable.  Thus, during the period of ownership of the products you are obliged to treat such products as carefully as possible.


We ask you to appropriately and carefully treat products during the period of your ownership of such products, and keep the original boxes, instructions and documents, labels and packaging and use them to return the products when possible.


Other information about this statutory right and an explanation of how this right can be exercised are provided for in clause 14 of these Terms and are summarized in the memo provided with the order.


This provision does not affect your statutory rights with which you are vested as a buyer.


 7. DELIVERY


Subject to the provisions of Clause 5 above and with the exception of exceptional circumstances, we undertake to make every possible effort to fulfill your order for the products specified in the Confirmation of shipment no later than the date specified in the Confirmation of shipment, or if the planned delivery date is not  indicated, within 15 days after the date of confirmation of shipment.


Reasons for delaying order execution may include:


  •  custom product preparation;

  •  specialized products;

  •  unpredictable circumstances;

  •  delivery area.


Virtual gift cards will be delivered on the day you specify when placing the order.

In the event that for any reason we cannot deliver on the indicated date, we will notify you of the situation and give you the opportunity to choose a new delivery date or cancel the order with full refund.

We draw your attention to the fact that, with the exception of a limited number of certain areas, we do not deliver on Saturdays and Sundays, with the exception of the delivery of virtual gift cards that will be delivered on the day you specify.

For the purposes of these Terms, delivery is deemed completed or the order is deemed delivered at the time of signing the documents on receipt of the order at the agreed delivery address.


Delivery of a virtual card is considered to be carried out in accordance with the rules for using Gift Cards, but in any case no later than the day it is sent by e-mail to the email address you specified.


An online order cannot be opened until payment.  By signing the courier's invoice (delivery-acceptance certificate), the Buyer confirms that he (she) received the order in complete condition and that he (she) has no complaints regarding this order and goods.


If you transfer the order number to a third party (your friend, relative, etc.), and such a person presents this number to the Courier and (or) the store staff along with other necessary documents, this is regarded by us as your transfer of such authority to such a person  upon receipt (and payment, if applicable) of your order.


 8. IMPOSSIBILITY OF DELIVERY


In relation to prepaid orders after 14 days from the moment when your order is ready for delivery (the order is in stock, ready for delivery), if such an order is not delivered on grounds that are not related to us, this is regarded by us as your desire to terminate  The Agreement, and such an Agreement shall be deemed terminated.  As a result of the termination of the Agreement, we are obliged to reimburse you all the money paid for the products as soon as possible and in any case no later than 30 days from the date on which the Agreement is considered terminated.  In this case, we are entitled to recover from you any delivery costs and expenses incurred upon termination of the Agreement.

In respect of orders for which an advance payment has not been completed, after 7 days from the moment when your order is ready for delivery (the order is in stock, ready for delivery), if such an order is not delivered on grounds that are not related to us, this  regarded by us as your desire to terminate the Agreement, and such an Agreement is considered terminated.

This section does not apply to virtual gift cards, the delivery of which is governed by the Gift Card Rules and the conditions set forth in section 7 above.


 9. RISK OF INCIDENTAL DESTRUCTION AND TRANSFER OF OWNERSHIP


The risk of accidental death in relation to products passes to you from the moment of delivery.

The ownership of the product passes to you at the time we transfer the goods to the courier company.


 10. PRICE AND PAYMENT


The price of a product is the price published at our website at the appropriate time, except in cases of obvious errors.  Although we make every effort to ensure that all prices indicated on the website are accurate, there is a possibility of errors.  If we find an error in the price of any product, we will immediately inform you of this and provide you with the option of re-confirming the order at the correct price or canceling the order.  If we are unable to contact you, the order is considered canceled, and if you have paid, you have the right to receive a refund of the amount paid in full.


We are not obliged to sell products to you at an incorrect (lower) price (even after sending you a Shipment Confirmation) if the price error is obvious and not doubtful, and also if we have every reason to believe that this error  could be noticed by you.


The prices shown on our website do not include shipping costs that are added to the total amount payable as reimbursement of our shipping costs.


The price is valid at the time you place the order.


Prices may be changed at any time, but (with the exception of the conditions provided above) any potential change does not affect the order for which the Shipment Confirmation was sent.


We draw your attention to the fact that, as a rule, the prices indicated on the website and the prices in stores coincide.  However, in some cases, prices may vary.


After completing the purchase, all the goods you wish to purchase are added to your basket.  The next step is to place an order and pay.  You can pay using Visa, Mastercard credit cards, as well as in cash upon receipt of the order.  In addition, you can fully or partially pay for your order with a gift card and a Carolina Cortesi voucher.


Please note that the gift cards you purchased cannot be paid in cash upon receipt of the order.


By clicking on the “Authorize Payment” button, you confirm that you are the cardholder or the legal holder of a gift card or voucher.


For security reasons, the Company reserves the right to demand 100% prepayment of the ordered goods, as well as change and adapt the available payment methods.


 11. RULES FOR EXCHANGE AND (OR) RETURN OF GOODS


In accordance with the applicable regulations, if you are acting as a buyer, you have the right to terminate the Agreement (unless the subject of the Agreement is such goods in respect of which the Agreement cannot be terminated in accordance with paragraph 11 below) at any time during 30  calendar days from the date of Confirmation of shipment, but no later than within 7 calendar days after you receive the products.


In this case, you are entitled to receive a refund of the amount of money paid for such products.  You are responsible for paying the direct costs incurred in returning such products if you do not use any of the free return methods listed below.


You have the right to exercise the right to cancel the order / terminate the contract by sending a cancellation document that we provide to you, together with other necessary documents, along with returning the products to us.


Please note that after delivery of the goods to you, if you use the right to return the goods and you are the one who organizes the delivery of the returned goods without providing this service to us (courier order), then only the cost of the returned Goods will be returned to you  Your expenses related to the delivery of returned goods are not refundable.


Also note that you will be responsible for the contents of the returned shipment when using any of the return options offered by the Seller.  If the return shipment contains goods (there will be goods that are not related to return) that are not related to Carolina Cortesi products, we have the right to transfer to you the relevant costs associated with returning your parcel.


This provision does not apply to gift cards.


This provision does not affect your rights under the law.


You have the right to return products fully paid in advance and received through courier delivery organized by us through courier delivery organized by us.


When returning via courier delivery organized by us, you should contact us by e-mail info@carolina-cortesi.com to arrange for the courier to receive products at your home address.  You must send the products in the same packaging in which the products were received by you, following the instructions in the "Exchange and Returns" section of our website.


 12. INTELLECTUAL PROPERTY AND PERSONAL DATA


You acknowledge that all copyrights, trademarks and other intellectual property rights in respect of all materials or content that are part of this website are at any time reserved by us or our licensors.  You may use this material in accordance with the authority expressly granted by us or our licensors.  At the same time, this provision does not limit you to use this website in case you need to copy any order or information about the Agreement.


 13. WRITTEN MESSAGES


In accordance with applicable law, some information or messages that we send you must be submitted in writing.


By using this website, you agree that most of the messages are sent by us electronically.  We are committed to informing you by sending letters to your email address or posting notifications on our website.  In order to conclude a contract, you agree to the indicated electronic means of sending messages and acknowledge that all contracts, notifications, information and other messages that we provide you electronically comply with the requirements of the law, which provide for the writing of such messages.  This provision does not affect your statutory rights.


 14. TRANSFER OF RIGHTS AND OBLIGATIONS


An agreement between us and you is binding on you, us, our respective successors and assigns.


You may not transfer, assign, encumber or in any other way alienate the Agreement or any rights and obligations arising from such an Agreement without our prior written consent.


We have the right to transfer, assign, encumber, transfer under subcontract or otherwise alienate the Agreement at any time during the term of the Agreement.  In order to avoid ambiguous interpretations, any such transfer, assignment, encumbrance or other type of alienation does not affect your rights granted to you by law as a buyer, and does not cancel, reduce or limit in any other way any guarantee that could be provided  To you by us, whether express or implied warranty.


 15. CIRCUMSTANCES OUTSIDE OUR CONTROL


We are not liable for any failure to fulfill or delay in the performance of any of our obligations under the Agreement due to events outside our reasonable control (hereinafter referred to as “Force Majeure”).


Force majeure includes any action, event, non-occurrence of an event, an act of inaction or an unforeseen situation outside our reasonable control and, in particular, includes without limitation the following circumstances:


  • Strikes, blockages or other industrial conflicts.


  • Unrest, riots, invasions, terrorist attacks or the threat of terrorist attacks, hostilities (whether with or without a declaration of war), the threat of hostilities or preparation for hostilities.


  • Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.


  • Inability to use railways, ships, air vehicles or cars, as well as other public and private vehicles.


  • Inability to use public or private telecommunication networks.


  • Acts, legislative decrees, decrees or restrictions of any government.


  • Any strike of employees of transport companies, post offices or other types of strikes in transport companies, failure to provide services by transport companies or emergency situations.


In the event of force majeure circumstances, relations between the parties are regulated by the relevant legislation of Ukraine.


 16. DISCLAIMER


In the event that at any time during the term of the Agreement we do not enforce any of your obligations under the Agreement or these Terms or do not exercise any rights or remedies that we are entitled to under the Agreement, such failure  is a waiver of such rights or remedies and does not relieve you of liability for failure to fulfill such obligations.


A refusal to recognize any violation does not constitute a refusal to recognize any subsequent violation.


A waiver of rights in relation to any provisions of these Terms shall come into force only if such a waiver is expressly stated as a waiver of rights and sent to you in writing in accordance with the "Notifications" paragraph above.


 17. EXCLUSIVE CHARACTER OF THE AGREEMENT


These Terms and any document directly referenced in these Terms represent the entire scope of the agreements between you and us regarding the subject of any Agreement and replace all preliminary agreements, arrangements or agreements concluded between you and us, whether written or oral.


Both parties acknowledge that at the conclusion of this Agreement they did not rely on any statement, obligation or promise made by the other party or arising from any oral or written information received during the negotiations between you and us before the conclusion of this Agreement, for  except as otherwise expressly provided in these Terms.


None of the parties is entitled to any remedies regarding a false statement made by the other party, whether written or oral, before the date of conclusion of any Agreement (with the exception of any statement made for fraudulent purposes),  and the other party is entitled to use the remedy only in case of violation of the contract in accordance with the provisions of these Terms.


18. OUR RIGHT TO CHANGE THESE TERMS


We may revise and amend these Terms from time to time.


You must comply with the terms and conditions in force at the time you place the order for the product, unless such rules and conditions are subject to change of any nature in accordance with the requirements of the law or of any state body, in which case such changes also apply to  orders placed by you earlier.