In accordance with the Belgian law of 6 April 2010 regarding market practice and consumer protection, the purchaser has the right to notify ITALIA CAP ® that he or she wishes to cancel an order, without penalty and without giving a reason, within fourteen (14) working days following date of delivery of the item to the purchaser.
To cancel an order, the User must send an email to ITALIA CAP ® at the address mentioned below and return the item ordered to ITALIA CAP ®, within the time limit specified above, by registered post with proof of receipt and at the expense of the person cancelling the order. Returned items must be protected to at least the same extent as for the initial delivery.
If the User wishes to withdraw the order before shipping of the items, ITALIA CAP ® will not deliver the items and shall reimburse the User without the sending of an invoice.
In the event of delivery of a defective item or which is not in accordance with the order, the item will be exchanged or reimbursed. The User must return the defective product to ITALIA CAP ® within fourteen days of receipt, specifying the reason for return and specify his/her wish to be refunded or to exchange the item. In this situation only, return is made at the expenses of ITALIA CAP ®.
In all situations mentioned above, ITALIA CAP ® reserves the right to refuse the return of an item which has been worn, used or is incomplete, damaged, washed or dirty.
Reimbursement is made through Paypal, according to the payment method of the order, within thirty days following the return.
Return of the goods is made at the risk of the User at the business place of ITALIA CAP ® : 367 avenue Louise, 1050 Brussels, Belgium.
Article - Privacy
Users acknowledge and are aware of the fact that the Internet is not a completely secure means of obtaining information and thus it is not possible to guarantee complete privacy.
ITALIA CAP ® does its utmost to operate according to the law of 8 December 1992 concerning the protection of privacy with regard to the use of personal data, as modified by the law of 11 December 1998 adapted from the European Directive 95/46/CE of 24 October 1995, made compulsory by the Royal Decree of 13 February 2001 and the European Parliament and Council’s Directive 2002/58/CE of 12 July 2002 concerning the use of personal data and the protection of privacy in the electronic communications sector (‘privacy and electronic communications’ directive).
Only personal data voluntarily communicated by the Users when ordering items from the Shop are saved and stored in ITALIA CAP ® files. They are required only for billing and for delivery of the items in question. This information shall neither be communicated to third parties nor used for marketing purposes, except for the sending by ITALIA CAP ® of information about the Website or its content, if the User has agreed to receive the newsletter.
Users may at any time have access to their personal data stored in ITALIA CAP ® files. They may request that they be amended or deleted from these files. ITALIA CAP ® is the company responsible of processing the data and ITALIA CAP ® address is mentioned below.
Data are neither saved without the User’s knowledge, nor intended for communication to third parties, nor used for marketing purposes or to build up a statistical profile of Users, subject to the above.
The Users accept that their data could be stored outside European Union, in accordance with article 22 §1, 1° of the law mentioned above.
Article - Hyperlinks
ITALIA CAP ® reserves the right to refuse the operation of hyperlinks to the Website, at its sole discretion. ITALIA CAP ® decisions in this regard are made at its own discretion and may not be appealed. They do not allow the right to any indemnity or other form of compensation in favour of the Users concerned.
The absence of reaction of ITALIA CAP ® in case of operation of hyperlinks to the Website shall neither be construed as a validation of this use, nor be understood as a license on the Website content, nor make ITALIA CAP ® liable in any way whatsoever regarding the website operating the hyperlink.
The website linking to the Website shall, at least, commit to :
· Respect the intellectual property of ITALIA CAP ® on the Website and its content ;
· Not harm the reputation of the Website, or the products or information on the Website.
· Not create the impression that the two websites are linked in any way whatsoever;
· Take the entire responsibility in the case of damage or loss caused to the Website, whether these are directly or indirectly linked to it.
· Guarantee that the use of a hyperlink to the Website is not illegal under applicable law.
· Not create hyperlink from a website containing information which could be the subject of action for slander, libel or pirating, or for any other infringement of the rights and interests of third parties.
· indemnify ITALIA CAP ® in the event of action by a third party following non-compliance with theGTU or access to the Website via a hyperlink.
· All other conditions laid down by ITALIA CAP ® shall be respected, if any.
Article - Linked Websites
The Website may contain links to other websites belonging to third parties (‘Linked Websites’). These Linked Websites are made available for the benefit of Users and are not under the control of ITALIA CAP ®. ITALIA CAP ® thus bears no responsibility for their content, nor for the information they contain. Users access these websites of their own free will and at their own risk.
Article - User’s comments, feedback or other submissions
The User may send comments, creative ideas, suggestions, proposals, plans, or other materials, to ITALIA CAP ® whether online, by email or by postal mail. The User agrees that ITALIA CAP ® may, at any time, without restriction, exploit, reproduce, adapt, edit, copy, publish, distribute, translate and otherwise use in any medium any comments, ideas, material and suggestions that the User has communicated, including with other ideas. ITALIA CAP ® is and shall be in no situation obliged (1) to maintain any comments in confidence; (2) to pay compensation for any of the foregoing or (3) to respond to any comments.
Article - Limitation of liability
If, despite the provisions of the present GTU, ITALIA CAP ® should be held responsible for any damage or loss resulting from or connected to the use of the Website or of its Content, ITALIA CAP ®’s liability may under no circumstances exceed € 1,000.
The User agrees to cover ITALIA CAP ®, its employees, eligible parties, agents, affiliates, subcontractors and partners against any action, loss, claim, compensation or indemnification (including legal fees) brought against ITALIA CAP ® by any third party, relating to or as a consequence of his or her use of the Website.
Article - Proofs
The computer files saved by ITALIA CAP ® shall be considered as valid evidences of the communications, orders and payment occurred. Said files shall have evidential force until proven otherwise. Computer and electronic data are construed as valid evidences as such and are admissible in the same conditions and with the same evidential force as any paper document.
ITALIA CAP ® has no obligation to keep the data. The User commits to print and save the details of their orders until receipt of the ordered items.
Article - Violation of the GTU by the Users
ITALIA CAP ® may communicate all information regarding Users (including their identity) if necessary in the event of complaint or investigations concerning any use of the Website that does not comply with the present GTU or applicable law. To this end, ITALIA CAP ® may preserve all forms, data and information provided by the User via the Website.
This shall also be the case in the event of a need to identify, contact or bring legal action against a person harming or interfering with the Website or ITALIA CAP ® rights or the rights of other Users of the Website.
ITALIA CAP ® thus reserves the right to reveal at any time any information deemed necessary under applicable law for a judgement or a legal petition by the public authorities, including the exchange of information between companies with the aim of preventing fraud.
ITALIA CAP ® may freely and without notice terminate access to the Website of any User who violates the terms of the present GTU or any other code of conduct relating to the use of the Website, or at the request of the public authorities.
Any violation of the GTU shall be considered, amongst others, an act of unfair trading and a breach ofcontract which calls for financial or other compensation, depending on which is deemed by ITALIA CAP ® to be most appropriate.
In the event that ITALIA CAP ® is forced to bring legal action against a User due to violation of the GTU, the User shall be obliged to reimburse to ITALIA CAP ® all costs which it incurs in this regard, including legal fees and all other costs and expenses, in addition to the compensation due to ITALIA CAP ®.
Article - Severability
In the event that one or more of the clauses contained in this GTU should be considered null and void by a court of law, only the minimum shall be considered invalid and shall be replaced by valid clauses which better respect the objective of the present GTU.
Article - Applicable legislation and litigation
The GTU are governed entirely by Belgian law, as are all relations between ITALIA CAP ® and Users of the Website in the context of the use of this Website.
In the event of litigation, only courts and tribunals in the district of Brussels shall be competent, and shall use French language.
Article - Contact information
Users may contact ITALIA CAP ® at the following email address : firstname.lastname@example.org.
For returns of products : ITALIA CAP ® - 367 avenue Louise - 1050 Brussels - Belgium.
Place of business : 367 avenue Louise, 1050 Brussels, Belgium
BCE : 0840.937.045.