Terms and Conditions

1. Introduction

  1. With these general terms and conditions of online sale ("ECGV"), Tabaccheria Casaro, VAT number 07836820014, with registered office in Via Cernaia 36 - 10122 Turin (TO) ("Tabaccheria Casaro"), governs commercial relations with users and buyers, as defined below, by means of electronic trading.
  2. For anything not covered by these ECGV, please refer to (i) Warnings and (ii) Privacy.

2. Definitions

The terms conventionally indicated with a capital letter (whether singular or plural) shall have the following meanings:

  • Website: website accessible at the URL: https://old.casaropipe.com;
  • Buyer: the person who enters into the contract with Tabaccheria Casaro. Under the Italian Consumer Code (Legislative Decree No. 206/2005), a consumer is defined as a natural person who acts for purposes unrelated to any entrepreneurial or professional activity carried out ("Consumer") and a professional is a natural or legal person acting in the exercise of their business or professional activity, or an intermediary thereof ("Professional"). When these ECGV refer to the Buyer, they are understood to include both the Consumer and the Professional; otherwise, reference will be made to the interested party (for example, in the clause relating to the right of withdrawal, which can only be exercised by the Consumer);
  • Registration: the operation that involves the issue of authentication credentials ("Identification Codes"), represented by a User ID (in the form of an alphanumeric code) and a Password (in the form of an alphanumeric code), which allow access to the reserved area (login). Registration serves to uniquely identify the Buyer in the event of purchases made over time and to allow for better usability of the Site, including through access to the reserved area;
  • Parties: Tabaccheria Casaro and the Buyer;
  • Transaction: any operation carried out electronically that gives rise to obligations for the Parties;
  • Product: goods covered by the individual Transaction (products and accessories). All information relating to the Products contained in the relevant data sheet shall not be considered binding for Tabaccheria Casaro except in the forms and according to the procedures provided for by the ECGV. It should be noted that the data sheet contains relevant data and information about the Product and that, in the event of special requirements, it is the Buyer's responsibility to ask Tabaccheria Casaro for additional information about the Product;
  • Contract: agreement for the sale of one or more Products concluded electronically between the Parties under these ECGV. The Contract is considered to have been concluded at the place where Tabaccheria Casaro has its registered office;
  • Navigator: a person who visits and browses the Website, undertaking to comply with the rules set out herein insofar as they are concerned, even if they are not a Buyer;
  • Price:
    • the amount to be paid as consideration for the purchase of the Product
    • The Price indicated in the Product description is valid exclusively for Consumers
    • For Consumers, whether or not they are resident in the European Union, the Price expressed in Euro and indicated in the Product description is inclusive of VAT, if applicable, without prejudice to the provisionsof Article 8 regarding import charges.
    • For Professionals, whether or not they are domiciled in the European Union, the Price - to be understood as net of any tax payments required by law and in particular VAT and import charges referred toin Article 8 - is subject to specific negotiation with Tabaccheria Casaro, as per Article 5B below.
    Charges: additional charges payable by the Buyer for the purchase of the Product, such as, for example, shipping costs (which include, but are not limited to, postage and packaging costs, delivery costs, customs duties, insurance costs, etc.).
  • Charges: additional charges payable by the Buyer for the purchase of the Product, such as, for example, shipping costs (which also include packaging). These Charges shall in any case be specified to the Buyer prior to the conclusion of the Contract;
  • Financial Intermediary: the entity affiliated with Tabaccheria Casaro through which payment of the Price and Charges can be made (e.g., PayPal, credit institution, etc.);
  • Delivery: for the purposes of exercising the rights provided for by the guarantees and the right of withdrawal, this is understood to mean the physical receipt of the Product being sold, regardless of the entity (logistics or postal operator) that handles the related activities and physically makes the Delivery to the Buyer.

3. Buyer's obligations

  1. The Buyer undertakes to:
    • (i) comply with the Warnings and the ECGV;
    • (ii) use the Website only to consult the Products and to place orders;
    • (iii) print and keep these ECGV;
    • (iv) enter truthful and correct data during the registration process on the Website and in any further communications sent to Tabaccheria Casaro, and to promptly update the data and information provided;
    • (v) not to enter data belonging to third parties and/or false and/or fictitious data;
    • (vi) to indemnify Tabaccheria Casaro from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the Buyer, who is solely responsible for entering such data.
  2. By placing orders and making purchases on the Website, the Buyer guarantees that they are of legal age.
  3. Without prejudice to the above provisions regarding the protection of the industrial and intellectual property of Tabaccheria Casaro, the Buyer undertakes to use the images on the Website for personal purposes only, functional to the purchase of the Product, Product, and that the reproduction, publication and dissemination of such images for commercial purposes is prohibited, unless specifically agreed in writing with Tabaccheria Casaro. It is understood that this prohibition does not apply to social networks and portals that encourage the sharing of images and comments (Facebook®, Pinterest®, etc.).

4. Purchase order

The Parties agree that the Buyer may place an order and complete the purchase in accordance with the following procedures:

  • consulting the online catalogue and verifying the characteristics of the Product as described in the relevant data sheet;
  • selecting the individual Product, the desired colour and the quantity to be purchased;
  • continue the purchase session by adding further products to the shopping cart (icon "Back to catalogue");
  • completing the selection of Products and starting the procedure to complete the purchase (icon "Purchase");
  • register as a Buyer by filling in the form with your personal details, including billing and shipping information.
  • The data will be processed in accordance with the Privacy Policy. Once the personal details have been created, the Buyer can complete the purchase process by simply logging in, avoiding the need to fill in the form again, except for changes or additions;
  • verification of the order summary, including shipping costs;
  • make any changes or additions to the order;
  • electronic confirmation of the order in accordance with the instructions (click on the "Submit order" icon);
  • depending on the chosen payment method:
    in the case of payment by credit card or PayPal:
    • payment of the Price (in addition to the Charges specified in the order summary), following the instructions and procedures provided;
    • receipt of an email confirming the successful completion of the Transaction, with a summary of the order and other useful information, in addition to the ECGV in .pdf format;
  • receipt of an email confirming acceptance of the order with an order summary and payment information, in addition to the ECGV in .pdf format;
  • payment of the Price (in addition to the Charges specified in the order summary), following the instructions received.

5. Conclusion and effectiveness of the Contract

  1. The Contract is concluded when Tabaccheria Casaro receives the payment provided for in the Transaction or notification fromthe Financial Intermediary that the Consumer has correctly arranged payment.
  2. The Professional may send a request for a quote for the purchase of the Products by email, indicating the model, colour, quantity and size. The Contract is concluded upon receipt of the acceptance of the quotation, without modifications, sent by the Professional to Tabaccheria Casaro.

6. Product availability and purchase voucher. Shipping

  1. The Consumer may purchase the Products listed in the electronic catalogue available on the Website and in the quantities available in stock. The Product database is constantly updated by Tabaccheria Casaro.
  2. In the event that the Product purchased by the Consumer is no longer in stock and cannot be obtained from Tabaccheria Casaro Tabaccheria Casaro within the terms set out in Article 54 of Legislative Decree No. 206/2005, Tabaccheria Casaro undertakes to promptly notify the Consumer, who will have the option of requesting, alternatively:
    • a full refund of the amount paid for the purchase of the Product, which must be made as soon as possible and in any case within 30 days;
    • the issue of a voucher equal to the amount paid for the purchase of the Product, thereby waiving the credit of the Price. It is understood that, if the voucher is not used, in whole or in part, within 90 days of its issue, Tabaccheria Casaro will pay the Consumer the remaining amount.
  3. Shipping locations and estimated delivery times are specified on the Shipping and Payments page.

7. Payments. Execution of the Contract. Delivery Terms

  1. Any responsibility in relation to the correct charging of payments made through the systems available on the Website other than bank transfer and the processing of the relevant data (credit card) is exclusively attributable to the Financial Intermediaries and/or issuing institutions or those who manage the service (Banca Sella and Paypal).
  2. Tabaccheria Casaro will only commence execution of the Contract upon full receipt of the Price and Charges provided for in the Transaction, informing the Buyer at the time of shipment of the Products.
  3. Tabaccheria Casaro fulfils its obligations by delivering the goods covered by the Contract to the courier it uses from time to time, in accordance with the service chosen as indicated on the Shipping and Payments page.
  4. Without prejudice to the rights of Consumers, the Parties agree to attribute to the delivery terms, which may be indicated on the Website, a non-essential nature for the purposes of the completion of the Contract, as they are to be considered merely indicative.
  5. Tabaccheria Casaro shall not be held liable for any delay or failure to deliver due to force majeure or unforeseeable circumstances.
  6. If delivery to the address indicated by the Buyer is not possible (e.g. because the Buyer cannot be found or unjustifiably refuses to accept the parcel), Tabaccheria Casaro will not be liable for any damages. Buyer (e.g. because the Buyer cannot be found or unjustified refusal to accept the parcel), Tabaccheria Casaro reserves the right to charge the Buyer for the shipping and return costs, deducting them from any refund due to the Buyer.

8. Customs, tax and administrative requirements

  1. All taxes, duties, levies, licences, authorisations, permits and any and all customs, tax and administrative requirements on which the importation and, in any case, the delivery of the Products may depend (with particular but not exclusive reference to countries outside theEuropean Union) shall be borne exclusively by the Buyer, who shall take prompt action to fulfil the necessary requirements and bear the related costs.

9. Tabaccheria Casaro's rights

  1. Tabaccheria Casaro reserves the right, at its sole and absolute discretion, not to accept requests for Registration or to temporarily suspend or permanently prevent access to the Site and to place orders, including by revoking and/or disabling the Identification Codes, of/to the Buyer who does not provide sufficient guarantees of reliability with respect to the ECGV, or who has failed to comply with the same and/or other contractual conditions that may be applicable, or who in any case has or is about to misuse and/or act in bad faith on the Site. In assessing the above measures, Tabaccheria Casaro will adhere to criteria of good faith and reasonableness.

10. Imputable appearance

  1. The Buyer agrees to apply to transactions carried out using the Identification Codes attributable to their own activity and to the expressions of will and/or consent expressed within the Site, the principle of attributable appearance, by virtue of which the Buyer will always be liable for the use, including misuse, of the Identification Codes attributable to them. Tabaccheria Casaro may therefore legitimately consider the Buyer, identified by the Identification Code attributable to him, to be bound by all the aforementioned expressions of will and/or consent.
  2. The Buyer undertakes to take all necessary precautions to ensure the confidentiality and correct use of the Identification Codes. The Buyer shall be solely responsible for any activity carried out through the use of the aforementioned Identification Codes.

11. Right of withdrawal

  1. Only the Consumer has the right to withdraw from the Contract in accordance with the provisions of the Italian Consumer Code (Legislative Decree No. 206/2005), Articles 64 et seq., which entails the refund of the sums paid by the Consumer at the time of purchase. The right of withdrawal cannot be exercised by the Professional. Consumer at the time of purchase. The right of withdrawal cannot be exercised by the Professional.
  2. The right of withdrawal must be exercised by the Consumer by sending a communication to the e-mail address domenico.marando@gmail.com or casaropipe@pec.it, within ten (10) calendar days of receipt of the Product (in the case of multiple deliveries, from the date of delivery to which the Product refers). Product (in the case of multiple deliveries, from the date of delivery to which the Product refers).
  3. The Product, whose substantial integrity (including the packaging and any other material that is part of the package) is an essential condition for exercising the right of withdrawal, must be returned following the instructions received from Tabaccheria Casaro by email, within ten (10) working days of exercising the right of withdrawal.
  4. For size exchange requests, the return of the Product to Tabaccheria Casaro is free of charge, subject to agreement with Tabaccheria Casaro (domenico.marando@gmail.com or casaropipe@pec.it). In other cases, the return costs are entirely borne by the Consumer. In the event of withdrawal for part of the Products purchased relating to a single shipment, the Consumer will be reimbursed for the proportionate share of the Shipping Costs, determined on a pro rata basis, taking into account the benefit enjoyed by the Consumer.
  5. If all the above conditions have been met, Tabaccheria Casaro will refund the amount paid for the purchase of thereturned Product as soon as possible and, in any case, within thirty (30) days from the date of receipt of the notice of exercise of the right of withdrawal.
  6. As an alternative to the above refund, the Consumer has the right to ask Tabaccheria Casaro to issue a voucher, which can be used under the conditions set out in Article 6B.
  7. The right of withdrawal cannot be exercised by the Consumer in the case of the purchase of personalised and/or custom-made Products.

12. Guarantees for Consumers and Professionals

  1. Before being marketed, the Products - the result of entirely Italian craftsmanship according to techniques developed by Tabaccheria Casaro - are subject to thorough control and verification procedures that almost completely exclude the presence of faults and/or defects. In any case, Tabaccheria Casaro ensures the application of legal guarantees in favour of Consumers, while requiring Professionals to take particular care and attention when receiving the Products, in order to promptly report any faults and/or defects.
  2. For the return of Products that the Consumer considers to be faulty and/or defective and/or non-compliant, Tabaccheria Casaro reserves the right to request photographs showing the Product for which the Consumer wishes to avail themselves of the guarantee referred to in the Italian Consumer Code (Legislative Decree No. 206/2005), certifying the reason for availing themselves of the guarantee. Product for which the Consumer is requesting to benefit from the guarantee referred to in the Italian Consumer Code (Legislative Decree No. 206/2005), certifying the reason for invoking the guarantee. If the Consumer's complaint is accepted, Tabaccheria Casaro will send a communication with the return authorisation and instructions for returning the product at its own expense. In any case, before returning the Product, the Consumer is invited to wait for instructions or any proposals from Tabaccheria Casaro. In the event of failure to comply with the above conditions (e.g., failure to authorise the return, return using a courier other than the one indicated by Tabaccheria Casaro), the warranty will not be applicable or may not operate in whole or in part.
  3. Tabaccheria Casaro asks the Professional to carefully check the condition of the Product upon receipt and before selling it to the public. Any complaints regarding faults and/or defects in the Products must be sent to Tabaccheria Casaro, by e-mail to domenico.marando@gmail.com or casaropipe@pec.it, attaching images of the Product showing the alleged defect and/or fault, strictly within eight (8) days of delivery, under penalty of forfeiture. Returns will not be accepted unless previously authorised in writing by Tabaccheria Casaro, which will examine the returns to verify that the defect exists and is attributable to its responsibility and only in this case, at its discretion, will replace or repair the Products recognised as defective. In any case, the costs and risks arising from the return of the goods shall be borne entirely by the Professional. Any other warranty, including any statutory warranty, and any other provision provided for by law in favour of the Professional shall be deemed excluded and superseded by these Terms and Conditions. Notwithstanding the provisions of Article 131 of the Consumer Code (Legislative Decree No. 206/2005), the Professional may not exercise the right of recourse against Tabaccheria Casaro.

13. Applicable law

  1. Without prejudice to the Consumer's right to enjoy the rights provided for by their own legal system, the GTCV and all Contracts concluded online on the Website, with Consumers or Professionals, are exclusively governed by Italian law, with the express exclusion of the provisions of the 1980 Vienna Convention on the International Sale of Goods. Professionals, are governed exclusively by Italian law, with the express exclusion of the provisions of the 1980 Vienna Convention on the International Sale of Goods.

14. Conciliation and jurisdiction

  1. For any dispute between the Consumer and Tabaccheria Casaro, the court in whose district the Consumer has their residence or domicile shall have jurisdiction. For all disputes arising from Contracts concluded online, Transactions and ECGVs, including those relating to their existence, effectiveness and interpretation, Tabaccheria Casaro and the Consumer shall have the right to use the conciliation service governed by the regulations of the Conciliation Service before referring the matter to the aforementioned judicial authority. Consumer, before resorting to the aforementioned judicial authority, shall have the right to avail themselves of the conciliation service governed by the regulations of the Conciliation Service of the Florence Chamber of Commerce or other equivalent conciliation service provided by the Chamber of Commerce or other entity authorised by law to which the Consumer has turned.
  2. For all disputes arising from Contracts concluded online, Transactions and ECGVs, including those relating to their existence, effectiveness, interpretation, Tabaccheria Casaro and the Professional, before referring the matter to the competent judicial authority, shall rely on the conciliation service governed by the regulations of the Conciliation Service of the Florence Chamber of Commerce, which they declare to know and accept in full. With regard to Professionals only, if the conciliation has not been successful or has not been initiated or concluded due to the inaction of the Professional, the exclusive place of jurisdiction for all disputes relating to Transactions and/or Contracts shall be that of the registered office of Tabaccheria Casaro, without prejudice to Tabaccheria Casaro's right to bring the Professional before any court having jurisdiction over the Professional.