TERMS AND CONDITIONS OF SALE
The goods covered by these conditions are offered for sale by CUSPID SELECTIONS SRL located in Strada Fontanini number 112, 43124 Parma, registered with the Companies House number: 02888210347 in the trades register of Parma – REA: PR 275072, (Company Registration Report) C.F./p.IVA number 028882103 47 hereinafter referred to as “Supplier” or “Seller”.
The word “Buyer” or “Purchaser” signifies that it is a person who is making the purchase, according to this contract, is also the person or company that will consume or use it in professionally.
It is stated within the contract that, the supplier sells to the purchaser who buys via technological devices, portable goods, which are indicated and offered for sale on the website: www.cuspidselections.com
- Object of the contract
The products specified in the contract, referred to in the sales conditions are illustrated on the Company’s website page www.cuspidselections.com The buyer can contact the purchaser and may ask for any kind of information by sending an email to info@cuspidselections.com or via the CONTRACTS form.
2. Area of Application
2.1 The “Terms and Conditions of sale” area part that’s included in every contract between CUSPID SELECTIONS SRL and its customers. When an order is placed it implies that the purchaser accepts unreservedly, and fully adheres to the conditions of sale which prevail over any other document or general purchasing conditions from the purchaser or from third parties.
Consequently, the forwarding of an order on behalf of a customer implies that these terms and conditions of sale are accepted unreservedly. The General Conditions of sale can, in fact, be modified at any time and therefore any changes and/or new conditions will come into force from the moment of their publication on the site.
2.2. The possibility of invalidating one or more clauses contained within the contract, does not affect the validity of the contract as a whole.
2.3 The terms and conditions of sale do not determine the supply of services or the sale of products by parties other than the seller who is present on www.cuspidselections.com via links, banners or other hypothetical links. Before placing orders or purchasing through other parties,we recommend checking their terms and conditions of sale because the seller will not be held responsible for the provision of services on behalf of third parties other than the seller himself, and neither is the seller responsible for the execution of virtual and commercial transactions between customers of www.cuspidselections.com and www.cuspidselections.com and third parties.
3. Closing the contract successfully.
3.1 In order to purchase products on this site, it is required to register , in the appropriate section. During registration, in all cases, the user must guarantee that the provided personal information is complete and truthful. Once the personal area has been created, registration credentials must be used exclusively by the user and cannot be transferred to third parties. The user agrees to keep the credentials confidential and in the event of suspected improper use and / or of their disclosure, agrees to communicate it to Cuspid Selections. In this case Cuspid Selections must be considered released from any damage, compensation, obligation, and / or sanctions deriving from and/or connected to the infringement committed by the user on the rules on registration on the site or on the protection of registration credentials.
3.2 The contract between the supplier and the purchaser is exclusively concluded by the purchaser accessing www.cuspidselections.com, where by following the indicated procedures, the purchaser will be able to formalize a proposal for a purchase of goods.
The moment in which the supplier receives the order on behalf of the purchaser, he will verify the accuracy of the data and will then send an order-confirmation email which it is recommended for the purchaser to keep as proof of purchase.
The contract will not be considered to be complete nor perfected between the parties in default of what is indicated in the previous point.
4. How to close the contract with the Seller.
Purchase order/format/Contract closure.
4.1 In order to be able to close the purchase contract for one or more products on www.cuspidselections.com, the order form must be completed on the PC and then forwarded via the PC to the seller, following the instructions.
Reference to the terms and conditions of sale can be found within the order form as so the information on the right of withdrawal. A summary on the essential characteristics of each product that is ordered, and its price, (including applicable taxes or duties). It will also contain the methods of payments for each product and the methods of delivery of the purchased goods. Shipping and delivery costs, terms and conditions regarding the right of withdrawal and the methods and times for returning the purchased goods.
In the order form the methods and conditions necessary for the completion of the sale are specified as well as the clauses which must expressly be accepted in order to settle the order.
4.2 Before proceeding with the purchase of the goods through the order form, the purchaser is required to carefully read the conditions of sale and the information on the right of withdrawal. The order form will be filed in the seller’s database for the period of time necessary to process the orders and in any case, in accordance with the law. The purchaser will be able to consult the order form in the section “My Order”.
Before proceeding with the transmission of the order form, it is required to identify and correct any data entry errors. The languages available to enable the conclusion of the contract with the seller are Italian and English. Once the contract is concluded, the seller will process the purchase order.
4.3 The Seller will not process the purchase orders which don’t appear to give sufficient guarantees of credit, and which may appear incomplete or incorrect, or in the event of unavailable products. In this case, the seller will inform the purchaser via email and will specify therein that the contract has not been concluded and that the seller hasn’t followed up the order, specifying the reasons for this. If the products displayed on www.cuspidselections.com are no longer available for sale from the moment of the last access to the site or relating to the last mailing of the order form, the seller will promptly communicate it, in any case, within thirty days starting from the day following that on which the order was sent to the seller, of any availability of the products ordered. In the eventuality of the order form being forwarded, and the price being paid by the purchaser, the seller will immediately refund the amount already paid.
4.4 By submitting the order form, the purchaser confirms of having been informed and accepts the terms and conditions of sale. If the purchaser does not agree with some of the terms and conditions then the order form must not be submitted for the purchase of the products on www.cuspidselections.com
By transmitting the order form the purchaser agrees to the terms and conditions of sale and the additional information contained in www.cuspidselections.com, which are also specified via the link, and which include the conditions of use, the privacy policy, and the information on the rights of refund.
Once the contract has been concluded the seller will send a receipt of the purchase order via email, containing all the information specified in the order form (with reference to the terms and conditions and the information on the rights of withdrawal. Information relating to the essential characteristics of the product and a detailed indication of the price, the methods of payment, the rights of withdrawal, and delivery costs.
4.5 Any cancellations or reductions may be made, provided that the order is not in process.
5. Warranty and details of the products.
The products offered for sale are trade marked.
The essential characteristics of the products shown on www.cuspidselections.com can be found within the pages which illustrate each product. The images, colours and descriptions of the products on offer at www.cuspidselections.com which are also present on the site, resemble the characteristics of these products as closely as possible. These images must therefore be intended as merely indicative and with a margin of tolerance. According to the purposes of the purchasing contract, the description of the product contained in the order form sent by the purchaser, will prevail. All the products are contained in, and/or accompanied by a box with an identification label on it.
6. Price
The prices of the products are expressed in Euro inclusive of value added tax (VAT) and may be subject to updates. The purchaser must be sure of the final price before sending off the order form. Any additional costs will be expressly and separately indicated in the form itself.
Deliveries are made once the price has been agreed, including VAT.
If, once the order has gone through, and the package has been received, the purchaser intends to make use of the rights of withdrawal after having paid the products purchased online, the seller will refund the price paid on behalf of the purchaser from the moment that the products were ordered. In the event of the purchaser asking for a refund, the seller also has the right to refuse the return of the goods that do no longer have the box, or have been in any way altered or damaged.
7. Payment
Concerning the payment of the products and the relevant shipping and delivery expenses, the purchaser can follow the methods of payment which are indicated in the order form on the website: www.cuspidselections.com
Concerning online orders on our site, CUSPID SELECTIONS SRL, payment is accepted with Paypal or by bank transfer without additional shipping costs.
7.2 Payments via Paypal can be made according to Paypal rules and conditions, and to the terms and conditions of the contract agreed between the Purchaser and Paypal. The data entered on the Paypal site are directly processed by Paypal and are not transmitted or shared with Cuspid Selections. Therefore Cuspid Selections does not have the means of knowing or memorizing, in any way, the credit card details which are connected to the purchaser’s Paypal account, and neither can it know of any other means of payment connected to the account.
7.3 If the customer decides to pay via bank transfer, the shipment of the order will take place as soon as Cuspid Selections will have received the accreditation of the amount due of the order.
7.4 In the event of the purchasing contract being cancelled or in case of asking for a refund, the amount of the reimbursement due to the customer will be accredited via the same means of payment which was used for the purchase of the product/s. In the event of a refund connected to Paypal, the timing of the accreditation of this amount, will entirely depend on Paypal and the banking system. Once the credit order has been placed in favour of this account, Cuspid Selections cannot be held responsible for any delays or omissions in accrediting the customer’s refund. If there were to be any kind of dispute, the customer must contact Paypal directly.
May it be fully understood, that in the absence of payment, the order will not go through.
8. Shipping and delivery of the products
8.1 For detailed shipping and delivery procedures, the buyer must access the shipping section or send an email to info@cuspidselections.com.
It is requested of the Purchaser to pay attention to what is reported in this section because the indications which are contained therein are an integrated and important part of the present terms and conditions of sale and it is therefore expected of the Purchaser to be well-informed, and for the terms and conditions to be accepted in the moment in which the order form is being forwarded.
The sale is deemed to be made ex storage: CUSPID SELECTIONS SRL will deliver the products ordered to the carrier which will be solely at the expense of the purchaser.
8.2 CUSPID SELECTIONS SRL commits to respecting delivery times which are indicated in the moment in which the order is accepted, depending on availability. It will also follow the order all the way through.
Delivery delays cannot give rise to any penalty or indemnity or justify the cancellation or withdrawal of the order.
8.3 Any liability for damages deriving from delay or non-delivery, be it total or partial, is however excluded.
From the moment in which the goods have left the warehouse of CUSPID SELECTIONS SRL or have been delivered to the carrier, from that moment on their journey is at the customer’s risk, whatever the terms and conditions of sale, or means of transport.
CUSID SELECTIONS SRL are not liable for the products from the moment that the goods leave the warehouse, or from the moment in which they are delivered to the carrier, during shipping, unless a mistake is made, in that case it would have to be proved.
8.4 It is up to the purchaser to check the conditions of the product once it has been delivered. The risk of loss or damage to the product for which CUSPID SELECTIONS is not responsible for, will be transferred to the purchaser, or to a nominated third party, other than the carrier who physically comes into possession of the product. It is recommended for the purchaser to check the number of products received and that the packaging is intact, undamaged, wet, or otherwise altered. It is in the purchaser’s interest to indicate any anomalies on the carrier’s shipping document , and to accept the package with RESERVE. If the purchaser accepts the goods without reserve, this would eventually not permit a legal action to be taken against the courier and/or Cuspid Selections, in the event of loss or damage to the products, except for in the case in which the loss or damage is due to wilful misconduct, or gross negligence on behalf of the courier, and with the exception of partial loss or damage which was unrecognized at the time of delivery, provided that in the latter the damage is reported as soon as possible and no later than eight days after having received it. In the event of the package showing obvious signs of tampering or alteration, the purchaser is also recommended to promptly notify “CUSPID SELECTIONS SRL”. In any case, the rules on the right to withdrawal will be applied and the legal warranty of conformity remains valid.
9. Customer Assistance
The purchaser may request any information via our support services by filling out the form in the contact section or by sending us an email to: info@cuspidselections.com
10. Extraordinary Events
In the eventuality of extraordinary events or due to circumstances which are beyond the supplier’s control, such as a war, strikes, icy weather, fire, storms, floods, pandemic circumstances, and difficulties in being able to supply, note that this list is not definitive nor exhaustive, in these exceptional circumstances CUSPID SELECTIONS SRL is free from the duty to deliver during the time in which the disruption persists, and has the right to partially dissolve the contract without the customer being able to claim the right to compensation for damages.
11. Warranty – Liability for faulty or damaged goods
The seller guarantees the conformity of the goods supplied to what is expressly indicated in the referral list.
CUSPID SELECTIONS SRL guarantees that the goods supplied comply with all the requirements at the time of the delivery to the carrier.
With the exception of wilful misconduct or gross negligence on behalf of the seller, any compensation for damage to the buyer will not in any case exceed the price of the disputed products.
12. Returning faulty products
It’s the customer’s duty to return faulty goods to CUSPIDSELECTIONS SRL within fourteen days of having received the goods.
The purchaser must return the goods to CUSPID SELECTION SRL. It is necessary to have their consent within fourteen days of having received the goods.
The purchaser must be able to prove that the goods to which the complaint relates to, are the same as those of the seller.
The warranty that has been agreed between the parties is valid and replaces the legal guarantees for faults and discrepancies and excludes any other possible liability of the seller in any case, originating from the products supplied; above all, the purchaser will not be able to make any other claims for damages, price reduction, or cancellation of the product.
13. Complaints
The complaints made regarding quantity or faults and quality defects or non-compliance that the purchaser could possibly detect as soon as the goods are received, must be made by the purchaser subject to revocation no later than fourteen days from the moment in which the products are received, by registered post.
If the complaint is unfounded, the purchaser will be required to compensate the seller for all expenses incurred by the latter regarding the verification process. (Travel, expert reports, etc).
14. Liability
The seller is responsible for damage to persons, or objects originating from the products sold, but only in the event of proven gross negligence on his behalf, in the preparation of the products themselves; He cannot be held liable in any other case for indirect or subsequent damage, losses or lost profits.
15. Withdrawal Rights
15.1The purchaser has the right to withdraw from the contract within 14 days from the moment in which the products are received.
To withdraw from the contract, the purchaser must notify the seller via email (info@cuspidselections.com) of the intention to withdraw from the contract.
In this case, the products must be returned to the seller by delivering them to the carrier for shipment within fourteen (14) days starting from the day the good are received.
To return goods the customer will have to personally pay the cost of returning them. The responsibility in case of loss or damage to the goods during transport lies with the purchaser.
The deadline will be met, if the purchaser returns the goods before the fourteen-day period expires. The packaged goods must be sent to the following address:
Cuspid Selections
Strada Fontanini n. 112, 43124 – PARMA (PR), Italy.
CF./p.Iva n. 02888210347
REA:PR – 275072
Tel: 0039 3398948796
It must be understood that the right of withdrawal in addition to compliance with the terms and conditions, and the methods described in the previous points, must be executed in the correct manner, and only if the following conditions are fully met:
The refund form must be filled in correctly and sent to the seller within fourteen (14) days of having received the goods.
15.2 The goods must not have been used or damaged.
The goods must be returned in their original packaging;
Returned goods must be delivered to the courier within fourteen (14) days from the date on which the products we received.
15.3 If the right of withdrawal is exerted following the terms and conditions indicated, the seller will reimburse any sum that has been already collected for the purchase of the goods with the exception of transport costs according to the terms and conditions provided.
Refunds will be made within a short time and in any event, within thirty (30) days from the date on which the seller has received and has been able to verify the goods, he will then proceed to refund once it is confirmed that the terms and conditions indicated above have been respected.
15.4 If the terms and conditions for exercising the right of withdrawal are not respected as specified, the purchaser will not be entitled to the reimbursement of the sum already paid to the seller, however, he will be able to reclaim, at his own expense, the goods in the state in which they were returned to the seller.
In the event that the goods for which the withdrawal has been exercised and for which they have suffered a decrease in value resulting from the handling of the goods other than that which is necessary to identify them, Cuspid Selections srl will notify the purchaser that the product will be available to be collected at his expense and without a refund.
15.5 However, the purchaser is reminded that according to art.59 of the consumer’s rights, the right of withdrawal is excluded in the event that the sale may relate to the following:
(i) Goods made to measure or clearly personalized.
(ii) Goods which have been sealed and that are not suitable for return for hygienic reasons or related to health protection, which have been opened after delivery.
16. Time and methods of reimbursement
After having returned the products, the seller will carry out the necessary checks relating to their compliance with the terms and conditions indicated. In the event of a positive verification, the seller will forward via email to the purchaser the relevant confirmation of acceptance of the returned goods.
Whichever payment method was used, the reimbursement will be activated by the seller as quickly as possible and in any case, within thirty (30) days from the date in which the seller became aware of the deployment of the right to withdrawal, and after having verified the correct execution of the right of withdrawal and having accepted the returned goods.
If there is absence of mailing between the receiver of the goods indicated in the order form and the person who made the payment of the sum due for the purchase, the reimbursement of the amount will be executed by the seller regardless, in respect of the person who made the payment.
17. Privacy
The purchaser may obtain information on how the seller will process personal data by clicking on the privacy policy.
The purchaser is also asked to read, if this hasn’t already been done, the terms nd conditions of use of the seller which contain information on how to process the personal data of its users and on the security systems.
18. Applicable law and jurisdiction
The terms and conditions of sale are governed by Italian law. Subsequently, the interpretation, execution and cancellation of the present terms of sale are governed exclusively by Italian law for any international relations.
Any disputes inherent or subsequent to these relations must be resolved by the Italian judicial authority. Even more so, if the customer qualifies as a consumer, any dispute will be resolved by the court of place or at the choice of the consumer if the court action is undertaken by the consumer himself, it will take place in the Court of Parma.
18.1 In the event of a dispute, the seller and the purchaser will be allowed to adhere to a Court settlement Committee that operates virtually and can be chosen by mutual agreement. In the absence of an agreement, at the request of the most diligent party, the out-of-court settlement body, referred to above, may be chosen by the President of the competent Court.
19. Updates and Changes
The terms and conditions of sale are amended from time to time in consideration of any regulatory changes. The new terms and conditions of sale will take effect from the date of publication on www.cuspidselections.com
Any reference to the price list, general conditions or other material belonging to the seller or to third parties, will refer to the documents in force at the time of the order.
20. Intellectual Property Rights
CUSPID SELECTIONS SRL label the goods with their name and/or related trademarks.
The purchaser acknowledges that Intellectual Property Rights in the respect of the assets sold by the seller (Copyright, Patents, Trademarks, Names, Brands, Models, etc.), and/or assets provided by the seller such as Tech sheets, advertising material etc and/or related rights, exclusively belong to the seller and/or companies related to him.
The purchaser must respect these rights.
The purchaser is not authorized to use the seller’s trademark or the distinctive labels as a part of an internet domain name or an alphanumerical telephone number or else.
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