Article - Scope
The present terms and conditions (the ‘GTU’) govern the relationship between the user (the ‘User’)and ITALIA CAP ® in relation to the access, the use, the consultation, and any other operation on or withthe website www.italiacap.com (‘The Website’), as well as to all documents, information, services and models accessible on the Website, without prejudice of the applicable legislation.
By connecting to the Website, including any sub-sites using its interface and its functions, the Userexpressly acknowledges that he/she has read and perfectly understands the presents GTU. By accessing and surfing on this Website, the User accepts in full the terms of the GTU and commits to respect them. Any User who does not comply without limitation with these GTU will be requested to disconnect from the Website.
S4D SPRL (‘ITALIA CAP ®’) is free to carry out any modification, alteration or addition to the GTU, at any given moment, and such changes shall apply with immediate effect. Users must ensure that they are familiar with the most recent version of the GTU.
The GTU constitute and express the complete agreement between the User and ITALIA CAP ® regarding their use of the Website. Any other agreement, verbal or written, existing previously between the various parties is superseded by the GTU.
Article - General conditions
This Website, its contents and its addresses are published and made available online by: S4D SPRL, with offices located 367 avenue Louise at 1050 Brussels Belgium, and registered under Belgian company number 0840.937.045.
The Website is hosted on OVH sarl ( http://www.ovh.com ) whose servers are located all aroundthe world.
The Website is accessible without any form of guarantee. Users use the Website and any related sites at their own and sole risk.
Every care is taken in the development and operation of the Website. However, ITALIA CAP ® cannot guarantee, amongst others :
• the absence of errors in the functionalities offered on the Website;
• the absence of any interruptions in the operation of the Website;
• the immediate correction of any faults;
• the absence of viruses or any other harmful elements;
• the absence of errors in information provided on the Website.
ITALIA CAP ® assumes no liability in the case of damages caused by events including an interruption, a fault or a delay in operations or transmission, a computer virus, or any similar technical problem, a network fault or for any other reason whilst using the Website or its contents.
ITALIA CAP ® manages the contents of the Website freely and independently. In particular, ITALIA CAP ® may henceforth, without prior notice:
• suspend or cancel access to all or part of the Website;
• modify information and products available on the Website;
• modify the presentation of the Website, as well as its structure and section headings.
Article - Intellectual property
The Website, its contents and all other material and components of the Website such as texts, songs, graphics, interfaces, photographs, logotypes, patterns, fonts, drawings, interviews, databases, brand names, domain names, music, source code, sound and visual excerpts, including the design, structure, expression and general impression of the Website (hereafter referred to as ‘the Content’), are and remain the exclusive property of ITALIA CAP ® and are controlled by ITALIA CAP ® or by the relevant eligible parties. In particular, this Content is protected by the copyright law and related laws of 30 June 1994, the law of 30 June 1994 adapting to Belgian law the European Directive of 14 May 1991 regarding the legal protection of computer programs, the law of 31 August 1998 adapting to Belgian law the European Directive of 11 March 1996 regarding the legal protection of databases, and by all international laws in force.
The Content may not be used in any other ways than those specifically authorised or required by navigation on the Website.
In particular, it is strictly forbidden, without advance written authorisation from ITALIA CAP ®, to reproduce, to download (even if this is technically possible), to modify, to adapt, to use, to translate, to broadcast, to communicate to the general public, to decompile, to disassemble, to market or to make available all or part of the Content of the Website, for whatever purpose and by whatever means, permanently or temporarily, including for non-profit-making purposes.
Unless expressly authorized by ITALIA CAP ® on the Website by links or icons, Users may not copy, reproduce, communicate, circulate or download, in any way whatsoever, information accessible on this Website onto a social network (such as Facebook, Twitter, etc.), onto a blog, forum or platform, onto any other Internet website or medium accessible to the general public, regardless of whether or not it be for commercial purposes.
All unauthorised use of the Content constitutes amongst others a copyright infringement and may give rise to civil or criminal legal proceedings and to the payment of damages.
Article - Respect of the Website and of the Internet
Website Users agree to refrain from committing or neglecting to carry out acts which aim to, or which would, either directly or indirectly:
• disrupt or interrupt networks connected to the Website or third party servers;
• not conform to all internet regulations and procedures;
• hamper use of the Website;
• copy, alter, modify or interfere with the Website, its use or its contents;
• use the Website for illegal purposes, forbidden under the GTU or which infringe the rights of ITALIA CAP ®, neither shall Users encourage such acts.
The User undertakes not to use ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’ or any other means, program, method or algorithm which could interfere with the proper functioning of the Website, nor to copy, access or obtain in any way any information, document or material which has not intentionally been made accessible via the Website.
The User shall not interfere with the use of the Website by third parties, for example by trying to obtain access to personal details or passwords or trace information concerning third parties who have accessed the Website. The User shall not test the capacity or the vulnerability of the Website and shall refrain from any act which may or is likely to damage its security or integrity. The User also undertakes not to act in any way which may overload the Website’s bandwidth usage.
Article - Ordering items online
a. General points
Website Users may order items via the Website’s Shop. ITALIA CAP ® reserves all intellectual rights over the items available for order. Users may not claim any transfer of rights whatsoever over the items in question, without the prior and express written consent of GLASS & GLAM ®. Furthermore, Users may not claim the right to modify items (or have them modified), distribute them to the general public, put them on sale, reproduce them, transfer rights over them to third parties, or infringe the moral rights of eligible parties. This list is not exhaustive.
Items ordered are reserved exclusively for the private use of the buyer.
The User declares to be over the age of majority in his/her country and to have the legal capacity (or to hold the authorisation of a legal representative) to place an order on the Website (including payment)and to accept the present GTU.
ITALIA CAP ® may not under any circumstances be held responsible for a lack of available stock.
Certain products may be available exclusively online through the Website, at ITALIA CAP ® sole discretion. These products may have been produced in limited quantities and are subject to return or exchange only according to the Return Policy below. ITALIA CAP ® undertakes to honour orders only within the limit of available product stocks.
ITALIA CAP ® made every effort to display as accurately as possible the colours and images of the itemsthat appear on the Website. ITALIA CAP ® cannot guarantee that the User’s computer monitor's display ofany colour and the images in general will be accurate.
ITALIA CAP ® reserves the right to limit the sales of the products to any person or geographic region. ITALIA CAP ® may exercise this right on a case-by-case basis. ITALIA CAP ® reserves the right to limit the quantities of any products offered or to limit the quantity of products that can be ordered by one person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, billing or shipping address. ITALIA CAP ® may also refuse orders that appears, in ITALIA CAP ® sole judgment, to be placed by dealers, resellers or distributors and may carryout, if needed all useful verifications.
All descriptions of products or product pricing are subject to change at anytime without notice, at ITALIA CAP ® sole discretion. ITALIA CAP ® reserves the right to discontinue any product at any time. ITALIA CAP ® does not warrant that the quality of any products, information, or other material purchased or obtained by the User will meet his/her expectations.
Prices are shown in euros and include VAT, if any, but not postage and packing. The valid price is that shown on the Website on the date of registration of the order. ITALIA CAP ® reserves the right to raise or lower its advertised prices according to its own criteria and to modify prices in other countries in accordance with fluctuations in delivery charges or currency rates. In any case, the price tax excluded shall not vary between the date of order and delivery of the product.
The price does not include custom and/or import taxes that could be due by the User for orders outside the European Union and that. Those taxes shall be paid directly by the User to the relevant authorities. The User is responsible to make enquiries about taxes that could be applicable, if any. ITALIA CAP ® cannot give any information to the User on this subject.
d. Placing an order
The User who wants to place an order needs to log in and give his/her first-name, last-name, email address and physical delivery address and, if it is different, his/her billing address. The User can also give his/her phone number.
The order is made online on the Website.
By placing an order via the Website, Users confirm their acceptance of the price shown for the item ordered and of the cost of postage and packing, which is calculated on the basis of the delivery address and the weight of the parcel ordered. The contract is concluded once the User has confirmed the summary of his or her order.
The User is informed of the confirmation of this order by an email sent by ITALIA CAP ® to the email address given by the User. The email specifies the item ordered, the model, the quantity, the size, the price and the place of delivery. This email confirmation complies with the terms of Article 45 of Belgian act of 6 April 2010 regarding the market practice and the consumer protection.
ITALIA CAP ® will proceed to deliver the item(s) ordered as soon as payment has been received in full.
ITALIA CAP ® reserves the right to cancel or to refuse any order placed by a User in the event of insolvency or in the case of non-payment in respect of a previous order or if it appears that the User is not acting in accordance with the present GTU or legislation in force.
e. Billing and account information
The User agrees to provide correct, current, complete and accurate billing and account information for all purchases made at on the Website. The User shall promptly update his/her account and other information, including email address and credit card numbers and expiration dates, so that ITALIA CAP ® can complete the transactions and contact the User as needed.
The User is sole responsible of the consequences in case of incorrect billing and account information.
f. Payment methods
Payment in respect of orders is made online via the Website using one of the following payment methods:
Credit card (Visa or Mastercard), stating the holder of the card, the type of card, the card number, its expiry date and security code, if any. ITALIA CAP ® uses the transaction server Paypal and insists that Users’ bank details are encrypted and then transmitted securely to the financial organisations concerned.
The User acknowledges that communicating information regarding his or her bank card entails the authorisation to debit his or her account in favour of ITALIA CAP ® with the amount owed, inclusive of all taxes.
The security of the electronic transfer of funds and, in general, the correct execution of payment instructions falls entirely within the responsibility of the financial organisations which manage these transfers.
Transactions carried out with Paypal are governed by the general conditions of Paypal which can be consulted on their website www.paypal.com.
Products will not be delivered until payment has been received in full by ITALIA CAP ®. Orders are delivered to the delivery postal address provided by the User upon validation of the order. The liability of the User shall be engaged in the case the information communicated would be wrong and would not allow the delivery of the ordered products.
Delivery charges are shown in the summary of the order and vary according to the User’s country, the weight of the item and any logistics costs.
In theory, items are delivered within twenty working days of receipt of payment by ITALIA CAP ®. This timeframe is provided for information only and cannot be considered binding. ITALIA CAP ® cannot be held responsible for delays in the delivery that are due to external reasons beyond its control.
ITALIA CAP ® is not responsible for any loss or damage to delivered items due to their transportation. Delivery is made by bPost services.
The User can be informed of the delivery process by a tracking link received by email as soon as the items are shipped, if applicable.
Items are delivered with a receipt invoice.
h. Return Policy and right of withdrawal
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 ® 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.