We are delighted to welcome you to CLAN SRL website (called the "Site" from now on), the official on line Web Store of CLAN SRL.
Please read carefully the terms and conditions (below, "Terms and Conditions") concerning the Site usage that regulates the relationship between CLAN SRL and every User, and print a copy or save it on a safe device.
Except when mandatory statute laws can be applied, the relationship between CLAN SRL and the User is governed by the Terms and Conditions, considered as read and accepted by the User. The User should not use the Site if he does not agree with these Terms and Conditions. The Terms and Conditions of this Agreement may be amended from time to time by CLAN SRL posting the new version on the Site. By using the Site after the update, you are indicating your acceptance to be bound to these Terms.
1. About the Company
1.1 The holder and manager of the Site is CLAN SRL, Registered Office at Viale Europa, 30/b - 46042 Castel Goffredo (MN), and Administrative Headquarters at Via del Benaco, 9 - 46043 Castiglione D/Stiviere (MN). CLAN SRL can be contacted by e-mail to: firstname.lastname@example.org
1.2 The goods on the Site are sold by CLAN SRL, with Registered Office at Viale
Europa, 30/b - 46042 Castel Goffredo (MN) and Administrative Headquarters at Via del Benaco, 9 - 46043 Castiglione D/Stiviere (MN), VAT no. 01653360204, registered in the Trade Register of Mantova no. REA 172835.
For any assistance to the on line shop: +39 0376 77411
2. Content accuracy
2.1 CLAN SRL makes reasonable efforts to provide correct and updated information.
However, it is impossible to guarantee the complete absence of errors in the Site. The information and documents may include inaccuracies or typographical errors. The goods weight, dimensions and volumes are approximate. Moreover, even if many efforts are done to guarantee our products colours as accurate as possible, it is impossible to assure that the colours you see on the screen are exactly the same of the products you are buying.
2.2 CLAN SRL can reserve the right to change the contents of the Site and its legal notes at any time, at its own discretion, without giving notice or without informing the Users on the website or by e-mail.
2.3 The website access and its use can be subject to interruptions, in whole or in part. Furthermore, the Site itself and its server can contain viruses or be harmful to your computer.
In any case, CLAN SRL is not and cannot be liable for possible damages of any kind, directly or indirectly caused during the access to the Site, including the impossibility to access or to use it.
3.1 Every product price corresponds to the price published on the Site at the time the User is making his order. That price will be confirmed by an e-mail which informs you about the order receipt (as per Art. 4.4 below)
3.2 Every price is published in Euro and it is VAT-inclusive. The shipment cost is initially separated; this cost appears during the ordering process and it is included in the final price.
3.3 Should CLAN SRL note a manifest error of any price or shipment cost, the User will be informed as quick as possible and he will be given the chance to confirm or to cancel the order. In the last case, CLAN SRL, will refund to the User the amount paid within 30 (thirty) days from the User's refusal communication.
4. Online shopping: order submission
4.1 The on line purchases can only be made by people who has reached the age of 18.
4.2 The confirmation of any order depends on the real availability of that product. The products on the Site may be not available or available in restricted quantities.
4.3 The purchasing procedure consists of the following steps:
- adding the required items to the cart;
- selecting the shipping method, filling with the destination address and checking the costs;
- providing the necessary data for the invoicing;
- reading carefully and accepting the Terms and Conditions;
- selecting the payment method that you find on the Site;
- before submitting the order, verifying carefully the total price, including the shipment costs, and every aspect of the contract;
- paying the total cost of the product/s selected and sending your order submission.
4.4 Once completed the purchasing procedure, a confirmation of the order will be sent to the User immediately. This confirmation is sent to the e-mail address provided by the User and it contains any data concerning the order (identification number, User information, product/s details, total price, payment method, costs and delivery time, information about the right of withdrawal) and a copy of the Terms and Conditions accepted by the User and the application form for the right of withdrawal.
4.5 Within 48 (forty-eight) hours from the order receipt, CLAN SRL will e-mail you informing about the acceptance of the undertaking and about the product shipment with its delivery time.
5.1 The accepted methods of payment are indicated on the Site in a specific section. Payments must be in Euro only.
5.2 CLAN SRL reserves the property right of the goods until the receiving of the payment relative to the product and the shipment, as well as possible default interest and/or allowance.
6. Order acceptance and refinement of the sale contract
6.1 The sale contract ends with the acceptance of the purchase order by CLAN SRL, according to Art. 4.5 afore mentioned.
6.2 CLAN SRL reserves the right to refuse an order, in whole or in part, in the following cases:
- if the product is not available;
- if the payment data provided are inaccurate and unverifiable;
- if the security system indicates an order as unusual or potentially fraudulent;
- if there is a reason to believe that the person who is making the order has not reached the age of 18;
- if there is a reason to believe that the person who is making the order is a vendor;
- if it is impossible to deliver the shipment to the address provided;
- in case of force majeure.
7. Delivery restrictions – delivery place
• C/O and APO addresses are not allowed.
• Shipments are made from Monday to Friday, except on public holidays.
• The online products (www.store.clan.it) are delivered worldwide.
8.1 CLAN SRL will make every reasonable effort to deliver the products within the deadlines specified in the order acceptance. These deadlines are approximate and CLAN SRL does not take any responsibility for their observance. In any case, when respecting these deadlines is impossible, CLAN SRL will inform the User within 30 days since the order submission date. The incorrect communication of an address is the User's responsibility and it may give rise to additional charges, for which the User will be invoiced.
8.2 All the goods will be delivered by CLAN SRL. If the product will not be delivered within the time specified, please contact CLAN SRL at the e-mail address email@example.com, or at the following phone number +39 0376 77411, specifying the customer's number or the order number. Hours: 9-12 am and 2-5 pm, from Monday to Friday. In case of non-delivery of the products within 30 days from the date of the order acceptance, the User has the chance to terminate the contract, obtaining the order cancellation and the full refund of the amount paid.
8.3 The shipments are made by courier only. A receipt confirmation signature is always required. The User may delegate a different person to sign, only if that person is present at the given address and only if he/she has reached the legal age of 18. If no one shows up at the time of the delivery, the User will be asked to contact the courier in charge.
9. Defective products and incorrect shipments
9.1 The User is required to check the package conditions on delivery and, if he wants to refuse it because of damages or non-compliance, he must clearly specify the nature of the damage on the delivery note.
9.2 The User is required to inform CLAN SRL about the issue within 24 hours from the delivery date, sending an e-mail to: firstname.lastname@example.org; for any assistance please contact the phone number +39 037677411 Hours: 9-12 am and 2-5 pm, from Monday to Friday.
9.3 CLAN SRL will bear all the costs about the return of non-accepted products.
10. Right of withdrawal
10.1 The Consumer has the right to terminate the contract, without penalty and without giving any reason, within 14 (fourteen) calendar days from the date of delivery – occurred both to the consumer and to the delegated third party. The right of withdrawal is excluded for personalized items.
10.2 The substantial integrity of the returned goods is the essential condition to apply the right of withdrawal. More specifically, the consumer is liable for any diminished value of the goods only when resulting from different handling other than what is necessary to ascertain the nature, the features and the functioning of the goods, according to Art. 57, comma 2, Codice del Consumo (Consumer Code).
10.3 In order to exert the right of withdrawal, the Consumer must follow the following procedure:
Step 1: Sending a written communication to CLAN SRL using one of the following methods:
(i) e-mailing to the address email@example.com
(ii) sending a registered letter with return receipt to the address Via del Benaco, 9 - 46043 Castiglione D/Stiviere (MN). The communication must contain the explicit statement which declares the intention to terminate the contract, specifying the identification number of the related order. For this purpose you can fill the form or follow the on line procedure.
In order to respect the withdrawal deadline, it is sufficient to send the communication within the above mentioned expiry date (14/fourteen days).
Step 2: Within 48 (forty-eight) hours from your communication receipt, CLAN SRL will provide you with the proper instructions concerning the goods return.
Step 3: Packing the goods in the original packaging or in a proper package so that it cannot be damaged during the transportation.
Step 4: Shipping the goods within 14 (fourteen) days from the receipt of the returns instructions;
Step 5: If the returns procedure has been properly observed, we will send you the refund instructions within 30 days. If you do not fulfil the returns requirements, we will e-mail you informing about the refusal reason.
Please note, this withdrawal procedure can be applied solely to the on line sales.
11. Limitation of liability
11.2 Except as otherwise provided by the Consumer Code, CLAN SRL is not and cannot be liable for possible damages of any kind, from the Site usage to difficulties to log in or to use related functions, contents or links to other sites, except for damages caused by gross negligence or intentionally.
11.2 Furthermore, CLAN SRL cannot be liable for:
(a) any unpredictable loss linked to the parties involved at the time of the sale agreement and correlated to the supply of the products and their relative services or usage;
(b) any loss which is not due to the non-fulfilment of the Company;
(c) any loss related to business activities.
11.3 Within the limits outlined above, CLAN SRL liability is limited and may in any case not exceed the price paid for the product by the customer.
12. Contacts. Questions, complaints, comments and service contacts
12.1 Any communication can be made by e-mail to the address firstname.lastname@example.org, or by phone at the number +39 037677411, from Monday to Friday from 9-12 am and 2-5 pm, except on public holidays.
13. Usage limits and intellectual property rights
13.1 Any brand, product name and trade name used on this Site are covered by copyright. The User is not allowed to use or to reproduce these brands, names and registered names, since any such use may constitute an infringement of the holders' rights.
The managing and design of the Site, such as texts, documents, videos and other material, are covered by CLAN SRL or its suppliers' copyright. The User is allowed to copy by electronic means and to print parts of the Site only if necessary to make an order. The User is not allowed to any other use of the content or material on the Site, including reproduction, modification, distribution or (re)publication for different purposes from these above. The User who wants to use this material and information is required to obtain prior authorization by CLAN SRL.
14. Your information and suggestions usage
14.1 CLAN SRL reserves the right, at its discretion and without recognising the right to remuneration or credit, to use any material, information, suggestion or comment sent by the User, even the ones concerning the Site or the way in which CLAN SRL activity is managed.
15. Usage of your suggestions about new products, features or processes
15.1 CLAN SRL has the right to use, copy or collect the sent material in its archives.
17.1 With reference to our Terms and Conditions, the terms below have the following meaning:
1. Terms and Conditions: the present Terms and Conditions and any subsequent adding or updating.
2. Order: the result of the ordering process as referred to in Art. 4 of the Terms and Conditions.
3. User: a person who, typing the Site address or a link, visits the Site and uses it for information or to place an order.
4. Consumer: the User who enters the Site and buys the products for purposes unrelated to business or professional activities, in accordance to the Legislative Decree 6 September 2005 no.206 ("Consumer Code")
5. Site: a collection of web pages gathered on the address www.clan.it.
18. Applicable law and competent Court
18.1 These Terms and Conditions are governed solely by the Italian Law.
18.2 In accordance to the Art. 66 of the Consumer Code, for any dispute to which a Consumer takes part, the mandatory territorial jurisdiction concerns the judge of the residence or domicile of the consumer. In any other case, the Court of Mantova will be the competent Court about every dispute arising from these Terms and Conditions.
19. Whole Agreement
19.1 These Terms and Conditions substitute all other Terms previously applied by the User.
19.2 If one of the Terms and Conditions would be declared void, not valid or not enforceable, the other Terms and Conditions will be valid and the part declared void and not valid will become effective within the law limits. In according to the Art. 1341 and 1342 of the Civil Code, the User declares to have read the following clauses: Art. 2 “Content Accuracy”; Art. 11 “Liability Limitation”; Art. 18 “Applicable Law and Competent Court”.