TERMS AND CONDITIONS OF SALE

 

1. 1. Scope of application
   • 1.1 These terms and conditions of sale (hereinafter, the "Terms and Conditions of Sale") apply to all contracts concluded between Cassina S.p.A., with registered office in Via Busnelli, no. 1, 20821 Meda (MB), registered with the Register of Companies of Milano Monza Brianza Lodi under no. 09731630159, VAT no. 00976180968, email [email protected], (hereinafter, "Cassina"), and the user – depending on the case – as a final consumer or a business customer (hereinafter, "User") who places a purchase order via electronic means, through the website www.cassina.com (hereinafter, the "Site").
   • 1.2 The functions and methods of use of the Site are governed by the Terms of Use to which reference is made in full and with respect to which each User of the Site must comply.
   • 1.3 The User agrees to abide by these Terms and Conditions of Sale in connection with any purchase made on the Site. The User will not be able to purchase products through the Site if he/she does not accept these Terms and Conditions of Sale.
   • 1.4 During the acceptance procedure, the Terms and Conditions of Sale can be viewed, saved on a device and printed by the User. In any case, the User may access the Terms and Conditions of Sale through the Site.

1. 2. Changes to the Terms and Conditions of Sale
   • 2.1 Cassina reserves the right to make changes to these Terms and Conditions of Sale at any time where such changes become necessary to comply with legal requirements, to adapt the Terms and Conditions of Sale to Cassina's sales patterns, or for technical reasons. Any changes to the Terms and Conditions of Sale shall be duly notified in advance and the updated version of the Terms and Conditions of Sale shall be posted on the Site from time to time. In any event, the version of the Terms and Conditions of Sale in force at the time the purchase order is submitted to Cassina applies to each purchase.

1. 3. How to purchase a product
   • 3.1 In order to purchase products on the Site, the User may, alternatively, register with the Site (so-called "registered user") or proceed without registration as a guest (so-called "guest user"). In order to make a purchase as a "registered user”, the User must register with the Site and create a personal account or, if the User has previously signed up, access his/her account with the appropriate authentication credentials (i.e. e-mail and password).
   • 3.2 Please refer to the Site's Terms of Use for more information on creating a new account on the Site and its rules of use.
   • 3.3 Should the User's account be deleted as provided in the Terms of Use, purchase orders already submitted prior to the cancellation request will be deemed to have been received by Cassina and will be equally handled by Cassina in accordance with these Terms and Conditions of Sale.
   • 3.4 In any case, to purchase products, the User must first place the desired items in the shopping cart on the Site and then select the payment method from those available and electronically submit their purchase order to Cassina.

1. 4. Conclusion of the purchase contract
   • 4.1 The submission of a purchase order through the Site constitutes a binding offer to purchase with respect to the selected products and, therefore, to enter into a purchase contract, which shall be governed in its entirety by these Terms and Conditions of Sale ("Contract").
   • 4.2 Before submitting the purchase order, the User is required to check the purchase order summary to verify that all data provided is correct. Any data entry errors may be corrected using the appropriate data editing functions on the Site. In the event of errors that the User only becomes aware of after confirming the purchase order, the User may correct them by contacting Cassina directly in the manner indicated in Article 14 below.
   • 4.3 The User is required to retain the order number on the confirmation of receipt of the purchase order in order to access service and for any other communication with Cassina.

1. 5. Product availability
   • 5.1 The User may select for the purpose of purchase only those products in the catalog published on the Site and available at the time of the User's purchase order. Once selected, the products are placed in the shopping cart, the contents of which can be deleted or changed at any time until the submission of the purchase order.
   • 5.2 The product catalog is periodically updated by Cassina, therefore Cassina does not guarantee the permanence of a product among those available or the availability of all versions and/or formats of each product in the catalog.
   • 5.3 Each product is provided with a description of its main features. The images and colors of the products in the description may not correspond faithfully to the real ones due to the settings of the computer systems or devices used by the User to view the Site. Therefore, the images published should be understood to be merely indicative in nature within the limits of normal tolerance.
   • 5.4 Products on the Site are available while stocks last and it will not be possible to add to the cart an item marked on the Site as "out of stock" or otherwise unavailable. However, should the User be able to select a product that is out of stock, Cassina will promptly notify the User by e-mail to the address provided by the User when registering on the Site. In the event of permanent unavailability of the product, Cassina will propose to the User one or more alternative products, it being understood that if the User does not intend to accept the proposal, he/she will be promptly reimbursed any amount already paid, if any, in accordance with the provisions of Article 7.6. In case of acceptance by the User of the alternative proposal, to be forwarded by e-mail to the address referred to in Article 14 below, the Contract shall be concluded upon receipt by the User of the order confirmation, in accordance with Article 4.3 above.

1. 6. Product prices
   • 6.1 Sales prices are in Euros and include VAT.
   • 6.2 Sales prices applicable to the User are those published online at the time the purchase order is submitted. These prices may be subject to change without notice. It is the User's responsibility to verify the final price before submitting the purchase order.
   • 6.3 All product prices on the Site do not include the shipping costs, which are charged entirely to the User, except in case of any promotions and special offers that expressly provide for free shipping and returns on certain products and in accordance with the conditions specified by Cassina from time to time. Shipping costs may vary depending on the shipping method selected and the country to which the shipment needs to be made and are indicated separately in the purchase order summary, confirmation of receipt and subsequent order confirmation.
   • 6.4 In the case of discounted products, Cassina will show the final discounted price and the price previously applied to the same product, which, in any case, dates back to a period of time not less than 30 days before the price reduction was applied.

1. 7. Payments, billing and refunds
   • 7.1 The price must be paid at the time of placing the order solely by means of the Site, through the payment methods available to the User listed on the same.
   • 7.2 Cassina reserves the right not to accept the purchase order in the event of failure to authorize payment or subsequent reversal of the amount paid by the operator of the payment method used pursuant to Article 7.1. above.
   • 7.3 Except as provided in Section 7.4, in case of purchase of products with payment methods made available on the Site, the transaction will be authorized at the time of the order. In case of cancellation of the order, either by the User or by Cassina (in the case of non-acceptance of the order), Cassina will simultaneously request the cancellation of the transaction. The cancellation time depends solely on the payment system used. Once the cancellation of the transaction has been made, under no circumstances can Cassina be held liable for any damages, direct or indirect, caused by the delay in the failure of the payment system used to reimburse the amount.
   • 7.4 In case of payment by bank transfer, the User will receive an e-mail from [email protected] with all the detailed information to make the payment and he/she must, therefore, arrange to make the transfer at his/her bank. The acceptance of the order by Cassina will take place only when the actual crediting of the amount due on the account of Cassina is completed. In any case, such crediting must take place no later than 5 (five) working days from the date of confirmation of the order by the User. Beyond this deadline, the order will be deemed not finalized and, therefore, will be automatically canceled. The User must make the transfer corresponding to the amount specified at the order confirmation according to the details that will be communicated from time to time by Cassina.
   • 7.5 Following the payment, the invoice issued by Cassina will be sent in .pdf format by e-mail to the address provided by the User when registering on the Site.
   • 7.6 In case of refunds, any amounts paid by the User to Cassina will be refunded using the same payment method used by the User to make the purchase. Refunds will be processed in the time and manner provided by the operator of that payment method. If the payment was made by bank transfer, it will be the customer's responsibility to promptly provide the bank details on which to obtain the refund to the e-mail address [email protected] (i.e., IBAN of the bank account belonging to the invoice recipient).

1. 8. Delivery of products
   • 8.1 Products purchased on the Site are delivered to the shipping address indicated by the User when registering on the Site or purchasing the product, by express courier. In this regard, Cassina ships products throughout the territory of the States of Italy, France, Germany, Austria, Belgium, Luxembourg and the Netherlands.
   • 8.2 An estimate of the delivery time for each product will be reported on the Site, within the relevant product sheet. In any case, Cassina undertakes to respect, as maximum delivery time, the period from time to time communicated to the User. In particular, following acceptance of the order, the User will receive a confirmation email from the courier in charge, indicating the estimated delivery date. The maximum delivery time is calculated from the date of acceptance of the order and, in the event of a delay with respect to the estimated delivery date at the time of the order, Cassina will contact the User in order to agree on a possible new delivery date. In any case, the User has at its disposal the remedies provided for by the applicable legislation in the event of prolonged delays.
   • 8.3 Product shipments are made by the roadside only.
   • 8.4 Delivery is intended to be made at the time of acquisition, by the User or a third party authorized by the User, of the material availability of the products.
   • 8.5 Upon delivery of the product, the User is required to check that the packaging is intact and without any signs of damage, tampering or alteration. If this check is not successful, the User must immediately complain the damage, tampering or alteration to the courier, refusing the product or accepting it with written notice on the transport document. In addition, the User must promptly inform Cassina of the incident by contacting its customer service ("Customer Service") as per the modalities indicated in Article 14 below.
   • 8.6 In case of non-delivery of the products due to the absence of the User during the attempts provided by the procedure applied by the courier, the courier will keep the products at its warehouse until their collection by the User and, in any case, within the period indicated in the notice of attempted delivery left to the User. If the products are not collected within this period, the courier will return the products to Cassina.
   • 8.7 In the event of force majeure, fortuitous events and events beyond Cassina's control, such as strikes, floods, earthquakes, epidemics or measures by national or local authorities, the date of delivery of the order may be postponed by providing appropriate notice by e-mail to the User. In such case, Cassina shall not be held liable for any delays in the delivery of the order resulting from the events referred to in this article.

1. 9. User representations and warranties
   • 9.1 The User represents and warrants:
     • 9.1.1 to be legitimated to enter into the Contract;
     • 9.1.2 to be above 18 years old;
     • 9.1.3 that the personal data and other information disclosed to Cassina when registering on the Site or purchasing a product are true, correct and up to date as provided in the Terms of Use;
     • 9.1.4 he/she will use the Site in compliance with any applicable provision of law or regulation, refraining from any form of direct and/or indirect use of the Site that is in breach of the law, the Terms of Use, these Terms and Conditions of Sale, or that violates to the rights of third parties.
   • 9.2 The User agrees to indemnify and hold Cassina harmless against all liabilities, actions, costs, expenses and claims that may arise from User's breach of the representations and warranties set forth in Article 9.1, without prejudice in any event to Cassina's right to terminate the Contract with immediate effect and without any prior court intervention in the event of User's breach of the aforementioned representations and warranties.

1. 10. Legal guarantee of conformity
   • 10.1 Products sold through the Site to the User are covered by the legal guarantee of conformity (the "Legal Guarantee") provided for in Articles 128 et seq. of Italian Legislative Decree No. 206 of December 6, 2005, or art. 1649bis of the (Old) Civil Code in case the purchase if made by a Belgian consume (the "Consumer Code").
   • 10.2 Without prejudice to the provisions of Article 5.3. above, Cassina is obliged to deliver to the User products that conform to the Contract. Within the limits of the provisions of art. 10.1. above, Cassina shall be liable to the User for any lack of conformity existing at the time of delivery of the product, provided that the lack of conformity has become apparent within the term of 2 (two) years from delivery of the product (unless any longer warranty period would apply under mandatory local law). The User loses its rights relating to the Legal Guarantee in the event that it does not report to Cassina the lack of conformity within the term of 26 (twenty-six) months from the date of delivery of the good, by contacting the Customer Service by e-mail, at the address indicated in Article 14. This complaint, to be reported on the non-conformity form available on the Site, must contain an accurate and complete description of the defects or faults complained of and photos of the product, highlighting the reported lack of conformity. Customer Service will promptly acknowledge the User's communication and give instructions for the eventual return of the product.
   • 10.3 The return of the product will be made at the expense of Cassina if, in the light of the report of the lack of conformity and the photographic documentation received, Customer Service considers that the reported defect exists. If, on the other hand, Customer Service, following analysis of the photographic documentation, does not consider the User's report to be well-founded, the User will be free to send the product to Cassina, at its own expense, for the sole purpose of submitting it to physical analysis by the latter. The User must attach to the product for which he intends to assert the Legal Guarantee the defect report form (duly completed) and the payment receipt or any other document reasonably requested by Cassina
   • 10.4 If the User decides to return the product, the User must contact Customer Service, in the manner described in Article 10.2, and the latter will send the User a waybill from the courier service identified by Cassina. Subsequently, the User must proceed independently to book the date of collection or select a collection point from those made available by the courier. The return procedure described in this Article 10.4. shall also apply in the case of return of products purchased during promotions and special offers referred to in Article 6.3.
   • 10.5 The User may ask Cassina, at his/her discretion, to repair the product or replace it, without charge to the User, unless the remedy chosen is objectively impossible or unduly burdensome compared to the other.
   • 10.6 The User may, at his/her discretion, request a reasonable reduction in price or termination of the Contract where any of the following conditions are met: (i) repair and replacement are impossible or unduly burdensome; (ii) Cassina has failed to repair or replace the product within a reasonable period of time; or (iii) the replacement or repair previously made has caused significant inconvenience to the User.
   • 10.7 Where, after collection/receipt of the product, Cassina verifies that the reported lack of conformity actually exists, any costs of transport, repair or replacement of the product will be borne by Cassina or, if the transport costs were incurred by the User under Article 10.3. above, will be reimbursed by Cassina. Otherwise, or where Cassina verifies that the reported lack of conformity does not exist or that there are no prerequisites for the applicability of the Legal Guarantee, the Legal Guarantee will not operate and all transportation costs - both those incurred by the User to send the product to Cassina and vice versa - will be borne by the User; in this case, Cassina will notify the User and the product will be returned to the shipping address indicated by the User. In all cases of non-delivery of the products to the User or to a third party authorized by the User, the products will be kept in storage for a period of 15 days or for the longer period indicated in the notice of attempted delivery left with the User. If this period elapses without the User having collected the products, Cassina shall be entitled to charge the storage costs to the User and freely dispose of the products.
   • 10.8 The User acknowledges and agrees that any defects or damage caused by accidental events or by the User's responsibility or by use of the products not in accordance with their intended use or by normal wear and tear will not be covered by the Legal Guarantee.

1. 11. Right of withdrawal
   • 11.1 The User has the right to withdraw from the Contract within 14 (fourteen) days, even without reasons. The withdrawal period expires after 14 (fourteen) days from the day on which the User or a third party designated by the User, other than the carrier, acquires physical possession of the purchased product. If the User has purchased multiple products in a single order, the withdrawal period shall expire after 14 (fourteen) days from the day on which the User or a third party, other than the carrier and designated by the User, acquires physical possession of the last of the products purchased.
   • 11.2 The right of withdrawal may also not be exercised for products made to measure and/or customized specifically for the User.
   • 11.3 To exercise the right of withdrawal, the User must clearly state its intention to withdraw from the Contract, informing Cassina. To this end, the User may make use of the withdrawal form (DE - FR) available on the Site, to be completed and sent to Cassina's Customer Service by e-mail, to the address indicated in Article 14 below.
   • 11.4 To comply with the withdrawal period, it is sufficient for the User to send the communication regarding the exercise of the right of withdrawal, accompanied by one or more clear and high-definition photos of the product that the User intends to return, before the expiration of the withdrawal period referred to in Article 11.1 above. Upon receipt of the above, Cassina will promptly send the User a confirmation of receipt by e-mail together with the return label, which is necessary for the proper return of the products to Cassina.
   • 11.5 In case of withdrawal, Cassina will fully refund the User only the price of the returned products. Shipping costs for the return of the product will be borne by the User.
   • 11.6 In case of exercise of the right of withdrawal, the User is required to return to Cassina the products purchased within a period of 14 (fourteen) days, starting from the day on which he/she communicated to Cassina his decision to withdraw from the Contract. For the purpose of returning the product, the User will have the option of using the courier service chosen by Cassina. In this case, the User will not have to make the payment of the costs of the return himself/herself, as Cassina will pay them on behalf of the User, withholding them from the refund due to the User. If the User avails of this service, he/she must indicate this in the form referred to in Article 11.3. above, through which he/she declares to Cassina his/her intention to withdraw from the Contract, and will then be required to follow the return procedure described in Article 10.4, even in the event that the return concerns products purchased during the promotions and special offers referred to in Article 6.3. If, on the other hand, the User engages another courier company than the one indicated by Cassina, the User shall bear the relevant shipping costs directly. In this case, the User must also carefully select the forwarding agent, taking into account the nature of the products to be returned and the reliability and professionality of the courier itself. Any damage that may be caused to the products prior to their return to Cassina will be borne by the User.
   • 11.7 Upon return, the products will be analyzed to assess any damage. Cassina will refund the User the amounts indicated in Article 11.6. above, without undue delay and in any case no later than 14 (fourteen) days from the day Cassina received notice of withdrawal from the User. However, Cassina may suspend the refund until receipt of the returned products. Said refunds will be made using the same means of payment used by the User for the initial transaction, unless the User agrees with Cassina on a different method, in accordance with the provisions of Article 7.6. above.
   • 11.8 The User must return the products without having used them, in an intact state of preservation and without having removed original labels. Each product to be returned must be properly placed inside the original packaging, i.e. the packaging in which it was delivered by Cassina. If the User no longer has the original packaging or the original packaging is in an unsuitable condition to support further shipment, because it has deteriorated, the User is required to provide equal or superior packaging suitable to support the return of the product to Cassina and adequately protect it. Product packaging must be accurate in order to safeguard the original wrappings and the product itself from damage, affixing of writing or labels during shipment. If these conditions are not met, Cassina will return the products to the User at the User's expense.
   • 11.9 For the purpose of returning the products to Cassina, the User is required to print the withdrawal form previously filled out and sent to Customer Service, placing the return label received in accordance with Article 11.4 above. This form must then be placed inside the packaging of the products, so that the return of the same to Cassina is successful. Should the User have any doubts about the procedure to be followed for the exercise of the right of withdrawal, he/she may contact Customer Service at the contact details in Article 14 below to receive all necessary clarifications.

1. 12. Processing of personal data
   • 12.1 Cassina processes the User's personal data for the purposes and according to the modalities specified in its Privacy Policy that is available on the Site.

1. 13. Applicable law and jurisdiction
   • 13.1 These Terms and Conditions of Sale are governed by Italian law. Any dispute arising in connection with the validity, interpretation, performance and termination of these Terms and Conditions of Sale or each Contract shall be within the exclusive jurisdiction,
     • 13.1.1 in case the User is a consumer, of the court of the place of residence of the consumer,
     • 13.1.2 13.1.2. in case the User is a consumer located in Belgium, of the court assigned by virtue of article 624, 1°, 2° and 4° of the Belgian Judicial Code;
     • 13.1.3 in case the User is a company and in scenarios other than those referred to in Article 13.1.1. above, of the Court of Milan.
   • 13.2 Without prejudice to the User's right to start a proceeding before the competent court provided for in Article 13.1. above, in accordance with Article 14 of Regulation 524/2013/EC, the User also may also resort to the platform established by the European Commission for online dispute resolution ("ODR Platform"), through the assistance of an impartial body. The ODR Platform can be accessed at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.

1. 14. Contact
   • 14.1 To receive assistance, file complaints, or request information, the User may contact Cassina at the following contacts:
     Customer Service:
     E-mail: [email protected]
     Tel: 0362 372800

1. Pursuant to and for the purposes of Articles 1341 and 1342 of the Civil Code, the User declares that he/she has understood and expressly accepts the following clauses of the Terms and Conditions of Sale: 2 (Changes to the Terms and Conditions of Sale), 9 (User representations and warranties), 10 (Legal Guarantee of Conformity), and 11 (Right of Withdrawal).