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 GTCS, 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://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 acting for purposes unrelated to any business or professional activity carried out ("Consumer") and a professional is defined as 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 issuance 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 collected in the relevant data sheet shall not be considered binding for Tabaccheria Casaro except in the forms and according to the procedures provided for in the ECGV. It should be noted that the data sheet contains the 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 be concluded in 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 charges provided for 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 also include packaging). These Charges are in any case specified to the Buyer before 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 delivers the Product to the Buyer.

3. Obligations of the Buyer

1. The Buyer undertakes to:
   • (i) comply with the Warnings and the ECGV;
   • (ii) use the Website only to consult the Products and to send orders;
   • (iii) print and keep these GTCS;
   • (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 enter data belonging to third parties and/or false and/or fictitious data;
   • (vi) 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 on the protection of Tabaccheria Casaro's industrial and intellectual property, the Buyer undertakes to use the images on the Website for personal purposes only, for the purchase of the Product, and the reproduction, publication and dissemination of the same 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 the following manner:

• 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;
• continuing 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 ("Purchase" icon);
• registration of the Buyer by filling in the form with the creation of personal details, including billing and shipping information.
• The data will be processed in accordance with the Privacy Policy. Once the Buyer has created their personal details, they can complete the purchase process by simply logging in, avoiding having to fill in the form again, unless there are 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 "Send 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 made the 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 quote, without changes, 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 by 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 shall have the right to request, 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 approximate delivery times are specified on the Shipping and Payments page.

7. Payments. Execution of the Contract. Delivery Terms

1. All responsibility for the correct charging of payments made through the systems available on the Website other than bank transfer and for the processing of the relevant data (credit card) lies exclusively with the financial intermediaries and/or issuing institutions or those who manage the service (Banca Sella and Paypal).
2. Tabaccheria Casaro will only commence performance 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 that any delivery terms indicated on the Website are not essential for the completion of the Contract and should 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 unsuccessful (e.g., because the Buyer cannot be found or unjustifiably refuses to accept the package), 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 the European Union) shall be borne exclusively by the Buyer, who shall take prompt action to fulfil the necessary requirements and bear the related costs.

9. Rights of Tabaccheria Casaro

1. Tabaccheria Casaro reserves the right, at its sole and absolute discretion, not to accept registration requests or to temporarily suspend or permanently prevent access to the Website and to place orders, including by revoking and/or disabling 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 Website. In assessing the above measures, Tabaccheria Casaro will adhere to a criterion of good faith and reasonableness.

10. Attributable appearance

1. The Buyer agrees to apply the principle of attributable appearance to transactions carried out using Identification Codes attributable to their business and to expressions of will and/or consent expressed on the Website, whereby the Buyer shall always be liable for the use, including misuse, of Identification Codes attributable to them. Tabaccheria Casaro may therefore legitimately consider the Buyer, identified by the Identification Code attributable to them, 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.
2. The right of withdrawal must be exercised by the Consumer by sending a communication to the email 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).
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 via 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 the returned 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 to 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 of 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. 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 that 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 email to domenico.marando@gmail.com or casaropipe@pec.it, with images of the Product highlighting the alleged fault and/or defect attached, 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 it replace or repair the Products recognised as defective. In any case, the costs and risks arising from the return of the goods are entirely borne by the Professional. Any other warranty, including those provided by law, 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 ECGV 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 movable goods.

14. Conciliation and jurisdiction

1. Any dispute between the Consumer and Tabaccheria Casaro shall be settled by the court in the district in which the Consumer has their residence or domicile. For all disputes arising from Contracts concluded online, Transactions and the GTCS, including those relating to their existence, effectiveness and interpretation, Tabaccheria Casaro and the Consumer, before referring the matter to the aforementioned judicial authority, shall have the right to use the conciliation service governed by the regulations of the Conciliation Service of the Florence Chamber of Commerce or another equivalent conciliation service provided by the Chamber of Commerce or another 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 Professional's inaction, the exclusive place of jurisdiction for all disputes relating to Transactions and/or Contracts shall be the registered office of Tabaccheria Casaro, without prejudice to Tabaccheria Casaro's right to bring proceedings against the Professional before any court having jurisdiction over the Professional.