Terms of service

 

TERMS AND CONDITIONS OF THE SERVICE

1.1. These general conditions of sale have as their object the conclusion of a remote purchase contract through the e-commerce site www.ctaquascaping.com of the individual company CT AQUASCAPING of Tapella Christian, with registered office in Via Tevedino 8, 21020 Luvinate (VA), tax code TPLCRS01D17L682X and P.I. 03802800122 by private users.

1.2The Site is dedicated to retail and as such is intended for the exclusive use of consumers, as defined under the Consumer Code. Individuals who are not consumers are advised not to execute purchase orders. If one or more sales are made to a person who cannot be qualified as a Consumer, these general conditions of sale will apply but, notwithstanding the provisions of the same:

1. a) the buyer will not be granted the right of withdrawal;
2. b) the buyer will not be able to benefit from the warranty on the Products;
3. c) the buyer will not be granted any other protections provided herein in favor of the Consumer, which reflect or comply with mandatory provisions of the law;
4. d) the sales contract concluded between the Seller and the buyer will be governed by Italian law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.
5. e) the Seller reserves the right to take all necessary actions to stop irregularities, including suspension of access to the Site, cancellation of registration or non-acceptance or cancellation of orders.

1.3 These general conditions are valid from the date of their publication on the website www.ctaquascaping.com and may be updated or modified at any time, without notice. Each purchase is governed by the general conditions of sale in the version that will be published at the time the order is sent by the Customer, unless any changes have retroactive effect under the applicable law (in which case, they may also be applied to orders that the customer has previously carried out). Should any provision of these Conditions be deemed invalid, null or for any reason unenforceable, this condition will in any case not affect the validity and effectiveness of the other provisions.

1.4 . In order to make purchases through the Site, the buyer must have the age of majority (18 years) and the ability to act, which the buyer claims to have.
The data entered during the purchase phase must be exclusively their own real personal data and not those of third parties, or of fantasy. CT AQUASCAPING by Christian Tapella reserves the right to legally pursue any violation and abuse, in the interest and for the protection of all consumers.
The Customer indemnifies CT AQUASCAPING di Christian Tapella from any liability arising from the issuance of incorrect tax documents due to errors in the data provided by the customer, being himself solely responsible for the correct insertion.

1.5 To proceed with the purchase of one or more products on the Site, the customer must first register on the Site, providing CT AQUASCAPING di Christian Tapella, in compliance with the applicable provisions on the protection of personal data, all the data necessary to allow the latter to execute the orders placed.
To conclude his purchase contract with the seller, the customer must send his order to CT AQUASCAPING following the procedure recalled on the Site

1.6 Any communication from the Customer connected and / or related to the purchase of products - including any reports, complaints, requests concerning the purchase and / or delivery of products, the exercise of the right of withdrawal, etc. - must be sent to the Seller at the addresses and in the manner indicated on the Site and to the e-mail address info@ctaquascaping.com

1. ACCEPTANCE OF THE TERMS OF SALE

2.1. The conditions referred to in the introduction are an integral and substantial part of this contract.

2.2 The electronic sending of the order gives rise to the obligation on the customer to simultaneously pay the price indicated therein. When the Customer places an order, he will receive an e-mail from CT AQUASCAPING containing the confirmation of receipt of the order and the summary of the same.

2.3. Simultaneously with the transmission of the purchase order, the Customer confirms the information relating to the order placed and accepts these general conditions of sale.

1. CHARACTERISTICS OF PRODUCTS AND THEIR AVAILABILITY IN DIFFERENT GEOGRAPHICAL AREAS

3.1. The Products are sold with the characteristics described on the Site and according to the general conditions of sale published on the Site at the time the order is sent by the Customer, with the exclusion of any other condition or term. The essential characteristics of the Products are presented on the Site within each product sheet. The images and colors of the products offered for sale on the Site may however change and / or not correspond to the real ones due to the internet browser and monitor used.

3.2. All sales prices of the products displayed and indicated on the Site are inclusive of any applicable tax in relation to the sale.
The cost of shipping and transport will be clearly indicated and displayed before completing the order.

3.3 Products for sale on the Site and / or their characteristics are subject to change without notice. These changes operate only for orders not yet confirmed on the date of the change itself. In any case, before sending the purchase order, the Customer is invited to check the final sale price.

3.4 The Products available on the Site can only be purchased by users who request their delivery in Europe, while live animals can only be purchased by users who request their delivery in Italy.

1. PROCEDURE FOR PURCHASING PRODUCTS - PERFECTION OF EACH SINGLE PURCHASE AGREEMENT

4.1. The presentation of the Products on the Site, which is not binding for the Seller, represents a mere invitation to the Customer to make a contractual purchase proposal and not an offer to the public.

4.2. The purchase order transmitted by the Customer to the Seller through the Site has the value of a contractual proposal and is governed by these general conditions of sale, which are an integral part of the order itself and that the Customer, by transmitting the order to the Seller , accepts in full and without reservation.

4.3. The Customer's purchase order is accepted by the Seller by sending it to the Customer, to the e-mail address he declared to the Seller at the time of registration on the Site or when the order is transmitted if the Customer is not registered on the Site. , an e-mail confirming the order. The Customer's order may be refused in the event of an error in the information provided by the customer, in the event that the available products have run out, in the event that insufficient guarantees of solvency are found, if the order does not correspond to normal consumption needs or for causes of force majeure

4.4In case of non-acceptance of the order, CT AQUASCAPING guarantees, without delay, communication to the Customer by e-mail..

4.5 CT AQUASCAPING accepts orders for Products within the limits of the quantities existing in the warehouse. Therefore, the acceptance of the purchase proposal by the Customer is subject to the availability of the Products in stock. CT AQUASCAPING undertakes to promptly notify the Customer of any stock shortages due to excess demand or other causes. Any right of the Customer to compensation for damages or compensation is expressly excluded, as well as in any case excluded any and all liability of CT AQUASCAPING., Contractual or extra-contractual, for direct or indirect damages to persons and / or things, caused by the non-acceptance, even partial, of an order.
In the event of total non-availability of the ordered products, the order will be canceled with consequent refund of the amount spent.

4.6 PRODUCTION AND SALE OF CUSTOMIZED PRODUCTS

CTAQUASCAPING offers the possibility to book customized products such as customized aquariums, furniture or other products, subject to a variable deposit according to agreements.

It will be CTAQUASCAPING's concern to inform the customer about the production times. The final delivery will be made only and exclusively after CTAQUASCAPING has received the total balance of the value of the goods no later than 6 months from the first order confirmation in reference to the first payment received.

In the event that the customer does not collect the goods within the established terms, does not collaborate with the seller to define the delivery and refuses even after a new delivery term, in writing or for lack of communication, the seller can withdraw from the contract and request compensation. damage.

The same here also applies to non-payment within the agreed terms.

 

1. TERMS OF PAYMENT

For the payment of the price of the products and the relative shipping and delivery costs, if any, the customer can pay by credit card, PayPal, Shop Pay, Apple Pay. Cash on delivery or bank transfer can only be made upon request by the buyer.

The accepted credit cards are: Visa, Mastercard, American Express, Maestro. The Customer expressly accepts that the execution of the contract by the Seller will begin when the price of the purchased Product (s) is credited to the Seller's current account.

1. METHOD OF DELIVERY OF GOODS AND ACCEPTANCE

CT AQUASCAPING., Will do its utmost to process the orders sent within 7 working days and in any case no later than 30 days from the day following the day in which the Customer sent the order. By filling in the personal data sheet in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications, the Customer authorizes CT AQUASCAPING., To communicate the personal data (residence, telephone number) to the couriers and / or trusted freight forwarders used for the delivery of purchased goods in order to allow the procedures necessary for their delivery.

1. RIGHT OF WITHDRAWAL AND REFUNDS

7.1 The Customer can exercise the right of withdrawal and return the product received, without any penalty, in compliance with the terms and conditions set out below.

7.2 The Customer can exercise the right of withdrawal provided for in Article 52 of the Consumer Code within 14 (fourteen) calendar days from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires physical possession of the goods.

7.3 The Customer can make the return request by sending an email to the address info@ctaquascaping.com indicating the code of the article it intends to return. You can then send the goods with your own courier to the following address: CT AQUASCAPING di Christina Tapella, Via Tevedino 8, 21020 Luvinate (Va) - Italy
The products must be returned intact, undamaged; products that are returned incomplete, ruined, damaged, deteriorated or dirty will not be refunded. The products to be returned must be delivered to the shipper within fourteen (14) days of receipt of the same.
After returning the products, the Seller will make the necessary checks relating to their compliance with the conditions and terms indicated in this paragraph.
If the right of withdrawal is exercised by following the methods and terms indicated in this paragraph, CT AQUASCAPING will reimburse the Customer for any sums already collected for the purchase of the products.
The reimbursement is activated by the Seller as quickly as possible and in any case within fourteen (14) days from the date on which the Seller became aware of the exercise of the right of withdrawal, subject to verification of the correct execution of the same and verification of the returned products.

7.4 In case of receipt of a product other than the one ordered, the Customer may return the product within the terms of the withdrawal period referred to above.

7.5 LIVE ANIMALS -The methods and terms prescribed above do not apply equally to the sale of live animals. In this case it will not be possible to make any withdrawal of the goods. It will be possible to request a refund only in the event that, upon receipt of the goods, there are situations of poor health or mortality of the animals received. The reimbursement will be taken into consideration only in which the situation described above is documented before the opening of the bags and insertion of the animals in the environment in charge of them.

The shipment is made by UPS courier used for the transport of animals. The animals are shipped inside thermal boxes with special equipment to keep the temperature adequate during the travel period which can vary from 24 to 48 hours (except for third party delays).

Some Italian postal codes are excluded from this service and in the event of an order placed by the customer, CT AQUASCAPING will advise the buyer and immediately refund the amount spent by the latter.

 

1. PRICES, SHIPPING COSTS, TAXES AND TAXES

8.1. The price of the Products is that indicated on the Site at the same time as the order is sent by the Customer. Prices include standard packaging costs, VAT (if applicable) and any indirect taxes (if applicable), while they do not include shipping costs that are calculated before the confirmation of the order sent by the Seller to the Customer and that the same Customer undertakes to pay the Seller in addition to the price indicated on the Site. The cost of shipping and transport will be clearly indicated and displayed before completing the order.

8.2 Depending on the country in which the Products are to be delivered, the relative shipping costs will be displayed on the Site during the order creation process, which the Customer undertakes to pay in addition to the price of the Products ordered.

8.3. The Customer must pay the total price to the Seller, as reported in the order and in the order confirmation sent by e-mail from the Seller to the Customer.

8.4. If the Products must be delivered to a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable), is net of any customs duties and any other sales tax, which the Customer undertakes as of now to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, in accordance with the provisions of the law of the country in which the products will be delivered . The Customer is invited to inquire with the competent bodies of their country of residence or destination of the products, in order to obtain information on any duties or taxes applied in their country of residence or destination of the products.

8.5. Any additional costs, charges, taxes and / or duties that a given country may apply, for any reason whatsoever to the Products ordered on the basis of these general conditions of sale, are the sole responsibility of the Customer.

8.6. The Customer declares that the lack of knowledge of the costs, charges, duties, taxes and / or duties referred to in the previous paragraphs. 8.4. and 8.5., at the time of sending an order to the Seller, it cannot constitute grounds for termination of this contract and that it cannot in any way charge the aforementioned charges to the Seller.

9., CONFORMITY - WARRANTY

As regards the guarantees of conformity of the purchased product, the Customer has the right to the legal guarantees provided by law and by articles 129, 130, 132 of the Consumer Code (Italian Legislative Decree No. 206/2005) relating to the legal guarantee of conformity of the goods. .

1. RESPONSIBILITY'

10.1 CT AQUASCAPING assumes no responsibility for inefficiencies attributable to force majeure such as, by way of example, accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods, epidemics and other similar events that prevented, in whole or in part, to execute the contract within the agreed time.

CT AQUASCAPING will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the customer is only entitled to a refund of the price paid.

10.2 Likewise, CT AQUASCAPING is not responsible for any fraudulent or illegal use that may be made by third parties, of credit cards, checks and other means of payment, upon payment of the purchased products. CT AQUASCAPING in fact, at no time during the purchase procedure is able to know the customer's credit card number which, by opening a secure connection, is transmitted directly to the banking service manager.

1. SAFETY

Although the Seller takes measures to protect personal data against their possible loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the Internet, the Seller cannot guarantee that the information or data displayed by the Customer on the Site, even after the Customer has authenticated (login), cannot be accessed or viewed by unauthorized third parties.

1. APPLICABLE LAW AND JURISDICTION

Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated through the website www.ctaquascsaping.com is subject to Italian law; these general conditions refer, although not expressly provided for therein, to the rules provided for by the Civil Code, as well as to the Legislative Decree 205/06 ("Consumer Code"). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

In the event of disputes concerning these general conditions of sale, the Customer is informed of the possibility of using the ODR platform relating to the resolution of online consumer disputes pursuant to EU Regulation 524/2013 and Legislative Decree. 130/2015 adopted in implementation of the EU directive 2013/11. This platform is active at the following web address https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=IT. In any case, the Customer has the right to take the ordinary routes for the solution of disputes arising from the interpretation, validity and / or execution of these general conditions of sale and in this case the mandatory territorial jurisdiction will be that of the local judge. of residence or domicile of the consumer.

13. TREATMENT OF PERSONAL DATA

For information on the use of personal data, customers must refer to the CT AQUASCAPING privacy policy in the section specifically dedicated to the Site