TERMS AND CONDITIONS

 

The following general terms and conditions (hereinafter referred to as “T&C” or the “Terms and Conditions”) apply to the sale and purchase of the products distributed by Capsula Mundi S.r.l.s. – a company organized and incorporated under the laws of Italy, with registered office in Rome, 00185, Via dei Reti, 23, Italy, Tax code and VAT number 13455291008 – (hereinafter referred to as “Capsula Mundi”), through its website www.capsulamundi.it (hereinafter referred to as the “Website”). These T&C define the conditions under which any customers buy the products sold by Capsula Mundi. By accepting this Agreement the customer declares his/her acceptance of the T&C before placing any order. The customer hereby guarantees that his/her personal data provided during the registration procedure of the Website are complete and truthful and undertakes to indemnify and hold harmless Capsula Mundi from and against any losses, damages and/or liabilities deriving from and/or connected to the violation of the above obligation.

1. VALIDITY OF THE T&C

Your purchase of any product from the Website includes the following documents:

• - The T&C reported in this page;
• - The order confirmation received via e-mail.

The order confirmation will be sent by e-mail by Capsula Mundi once the customer has completed the following steps in the Website: (i) selected the product or products; (ii) added those products to cart; (iii) proceeded to checkout entering all required information functional to delivery and billing purposes; (v) placed the order confirming the payment method and completing the payment process. By clicking on the "place order" button, the customer is placing a binding order for the products shown in its cart, confirming the authorization to place such an order. There is no legal claim to the availability and deliverability of  the products shown in the Website. In case, before the delivery of the order, the product is no longer available due to, e.g., supply problems, stock outs, etc., Capsula Mundi will promptly inform the customer about the inconvenience and reimburse the equivalent amount of any payment received. Capsula Mundi is anyhow entitled at its sole discretion to reject any order made by a customer. In particular, Capsula Mundi reserves the right to reject an offer if:

• 1) the delivery address is outside the Countries currently served by its transportation providers;
• 2) the delivery address indicated by the customer results incorrect or incomplete;
• 3) there is the suspect that the person placing the orders is not a consumer and/or is not acting outside his/her scope of business;
• 4) the payment is not received within 5 (five) working days from the order confirmation.

The order will be processed by Capsula Mundi according to the procedure indicated above and to the specific timing reported in the Website. Capsula Mundi will not be responsible for any damages occurred to the products due to their usage after the delivery and for delays in delivery due to the transportation carriers. No other general or particular conditions can replace or substitute the T&C set herebelow. Should one or more provisions of these T&C be defined invalid under any law, regulation or following a final decision taken by a competent jurisdiction, the other provisions will hold their value.

2. PRICES

The prices shown on the Website are in Euro and include VAT (if applicable) according to the applicable law. Transportation costs will be shown separately in the order checkout page, according to the Country of delivery. The Customer expressly acknowledges that, according to relevant applicable laws, customs duties and/or any other similar and/or import taxes may be requested for the purchase and import of the Products within the Country of Delivery; consequently, the Customer expressly acknowledges to be exclusively responsible for any such duty and/or cost.

3. PAYMENT

The customer who wishes to conclude the Agreement and purchase the product must express this willingness by clicking the “place order” button in the checkout page of the Website, where, following the procedures described above, it will send the purchase order confirmation and proceed to the payment. The payment is due at the time of the order. The customer undertakes to pay the agreed price for the product ordered on the Website (product price and shipping) by using the payment methods made available. Capsula Mundi is not responsible of any payment gateways pages that are not directly managed by the same.

4. Risks transfer

The transfer of the risks from Capsula Mundi to the customer occurs with the delivery of the product operated by the carrier to the address indicated by the customer. During the possible withdrawal period referred below, the customer is responsible for the product as a custodian. During the custody of the product by the customer, the latter will be held liable in case of damage or destruction of the product.

5. Order Delivery

Orders will be delivered from the transportation carrier appointed by Capsula Mundi, from Monday to Friday. The customer is responsible for the delivery address indicated in the checkout page. Delivery is to the ground floor front door of the building and does not include any assembly or unpacking services. Capsula Mundi recommends the customer to carry out a check of the delivered product packaging before signing the delivery note. In case anomalies are noted, the customer must refuse the delivery of the product or write down any reserve, detailed and dated, in the delivery note receipt. These notes must be confirmed to Capsula Mundi in writing to info@capsulamundi.it within three (3) working days from the delivery.

6. Right of withdrawal/COOLING OFF PERIOD

If the customer is a physical person/consumer concluding the purchase for a purpose that cannot be ascribed either to a commercial or professional activities, the customer can withdraw from the Agreement within a period of 14 (fourteen) days from the confirmation of the order, without citing any reasons, by registered letter to Capsula Mundi at the following address: Via dei Reti, 23, 00185 Roma, Italia. and also an e-mail at: info@capsulamundi.it. If the product has already been delivered, the customer will be responsible to return the product to Capsula Mundi at the above mentioned address. A copy of the delivery note will need to be placed inside the return packing box. The risks of transport for the returned products lies on the customer. The return of any damaged or incorrect product will be free of charge (the equivalent cost will be reimbursed to the customer), while if the return is requested for products corresponding to the order and having been delivered intact, the customer will bear the delivery costs. Products damaged by the customer for malpractice/incorrect use will not be replaced or refunded. Refunds will be done within a period of thirty (30) days from the date on which the products are safely returned to Capsula Mundi at the following address: Via dei Reti, 23, 00185 Roma, Italia.

7. Exceptions to the right of withdrawal

The right of withdrawal does not apply on those products that are customized and/or manufactured on a single order basis (pursuant to Italian Legislative Decree No. 206 of 6/9/2005).

8. Warranty

The Capsula Mundi team checks the product before its shipment. The product which the customer claims as defective is to be sent back to Capsula Mundi, that will evaluate the existence of the claimed defect. The customer shall enclose the invoice and/or transport document or any other document that proves the date of delivery. In the event of an ascertained defect in the product the customer has the right to have it remedied within 30 (thirty) days from the delivery of the returned product. No other warranty is provided thereafter.

9. Exclusions of Warranty

The warranty provided under Article 8 above shall not apply in the event that the damage has been caused by: 1. improper use or handling; 2. misuse or use contrary to intended or recommended use or alteration of the Capsula Mundi products, such as, but not limited to, moisture, water, wrong or improper closure, warehousing or conservation, or any other act able to affect the proper function of the product.

10. Limitations of Liability - Disclaimer

Capsula Mundi cannot be held responsible/liable in case of inappropriate or illegal use of the product according to the laws of the customer’s Country. The customer expressly acknowledges that he/she is the only responsible for ensuring compliance of the products and their possible uses with the laws of any relevant Country, in particular with all laws relating to the building, design, use and burial of funeral and cremation urns. The customer expressly agrees that Capsula Mundi is not providing any legal advice on such purpose.

11. Copyrights

Capsula Mundi informs that the Website, as well as all trademarks, trade-names and logos used in connection with the sale of the products offered are protected by the applicable intellectual and industrial property rights. Any kind of reproduction, communication, distribution, publication, alteration or transformation, in any form or for any purpose, is forbidden. Capsula Mundi will proceed legally to protect these rights.

12. Personal data protection

To the extent allowed under applicable laws, Capsula Mundi is the holder and owner of personal data collected when the customer registers to the Website and of the data and information acquired in accordance with the Privacy Policy, as well as of those data subsequently submitted at the placement of the order, except for the information related to the payment process for which each bank or payment gateway is responsible/liable. The personal data requested during the registration process must be provided in a full and correct manner. For any further information on personal data please refer to the Privacy Policy.

13. Contacts

For any communication, question, query or request please contact Capsula Mundi at the following address: info@capsulamundi.it.

14. Modifications

The T&C may be amended from time to time due to modifications in laws and regulations or any other reason that Capsula Mundi may consider, at its own judgment, needed.

15. Governing law, DISPUTE RESOLUTION AND VENUE

These T&C, the sale and purchase agreement and the Privacy Policy shall be governed by Italian law (without regard to conflict of laws principles and rules and with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods). The Courts of Rome (Italy - Tribunale di Roma) shall have exclusive jurisdiction and venue over all disputes arising out of the purchase agreement, the T&C, and the Privacy Policy.