TERMS AND CONDITIONS OF PURCHASE AND USE OF THE WWW.CRISTALLINI.COM
This document (together with all documents referred to herein) sets out the terms and conditions governing the use of this website http//www.cristallini.com (hereinafter "www.cristallini.com"/"the Site"/"Website") and the placing of orders for products through this Website (hereinafter "Terms").
If you do not fully accept the Terms and Data Protection Policies, do not use this Website. These Terms are subject to change. It is your responsibility to read the Data Protection Terms and Policies in their entirety, as applicable will be the Data Protection Terms and Policies in effect at the time you enter into the relevant contract (as defined below) or at the time you use this Website.
If you have any questions about the Terms or the Data Protection Policies, you may contact us at any time using the contact form.
The Agreement (as defined below) may be concluded, if you choose so, in any of the languages in which the Terms are available on this Website.
All time periods set forth herein are interpreted to be expressed in calendar days. If the last day of the Term is a non-business day, the Term shall be extended accordingly until the next business day.
2. OUR DATES
The sale of products through this website is carried out under the name of CRISTALLINI by CRISTALLINI LLC., a legal US entity, registered in Los Angeles, California: 8619 Sunset Blvd, West Hollywood, 90069, with phone number (+1) 424.470.8844, and e-mail address: email@example.com.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data you provide to us will be processed in accordance with the Data Protection Policies. By using this Website and/or placing a product order through www.cristallini.com, you expressly and unequivocally consent to the processing of such information and data and declare that all information and data you have provided to us is true and accurate and that you have obtained the prior written consent of the owner of the information and/or data, in the event that the information and data you provide to us through the Website does not belong to you.
4. USE OF OUR WEBSITE
By using this Website and/or placing any order for products through this Website, you agree:
Use this Website exclusively to submit legitimate inquiries or place legitimate orders.
Not to place any false or fraudulent orders. If we have reasonable reason to believe that you have placed such an order, we shall have the right to cancel the order and notify the appropriate authorities accordingly.
If you do not provide us with all the information we need, we may not be able to complete your order.
By placing an order through the Website, you are stating that you are over 18 years of age and have the legal capacity to enter into firm contracts.
CRISTALLINI LLC reserves the right to send newsletters to all those who have placed orders online and have accepted the "terms and conditions".
5. PROMOTIONAL CAMPAIGNS
-20% OFF using the discount code WELCOME in the Los Angeles Flagship Store or online at checkout.
6. HOW TO CONCLUDE THE CONTRACT
The information provided in the Terms and the data contained in this Website do not constitute an offer to sell, but an invitation to tender (invitatio ad offerendum). There will be no contract between you and us in relation to any product until your order is expressly accepted by us.
To place an order, you must follow the online purchase procedure. You will then receive an e-mail from us confirming receipt of your order ("Order Confirmation"). Please note that this does not mean that an order has been accepted, as your order constitutes an offer you make to us to buy one or more products from us. All orders are subject to acceptance by us and we will confirm acceptance by sending you an email confirming dispatch of the product ("Dispatch Confirmation"). The contract between us for the purchase of a product ("Contract") is only concluded when we send you the Dispatch Confirmation.
7. PRODUCT AVAILABILITY
All product orders are subject to the availability of those products in our stock, as not all products are in stock. The customer will be informed by phone or e-mail, after placing the order online, if a product is in stock or not, if it can be made to order, as well as the time required for this. In this regard, in the event of supply difficulties or if products are out of stock, we reserve the right to inform you of substitute products of equal or better quality and value that you can order. If you do not wish to order these substitute products and if we have already received payment for the products ordered, we will refund you in full any money you have paid.
The products sold through www.cristallini.com are new, in the original packaging of the manufacturer and at the time of delivery are accompanied by the receipt, return policy.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this Website at any time in our sole discretion and/or to remove or modify any material or information on this Website. Whilst we make every effort to always process all orders placed, there may be exceptional circumstances that require us to refuse to process an order after the Order Confirmation message has been sent and we reserve the right to do so at any time.
Subject to the provisions of Article 7 above regarding availability of products, unless extraordinary circumstances exist, we will use our best efforts to complete your order with the product(s) listed in the Shipping Confirmation by the date specified in the said Shipping Confirmation or, if the estimated delivery date is not specified, within the estimated time indicated when selecting the delivery method and, in any event, no later than 30 consecutive calendar days from the date of the Order Confirmation.
For the purposes of these Terms, "delivery" shall be deemed to have occurred or the order shall be deemed to have been "delivered" when you or a third party designated by you takes physical possession of the products, as evidenced by a signature of receipt of the order at the agreed delivery address.
In the event that your order for products does not arrive within the estimated delivery time, please contact us using the following details: phone number (+1) 424.470.8844, and e-mail address: firstname.lastname@example.org.
10. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
All risks relating to the products (including loss and damage) will pass to you upon delivery, when you enter or when a third party designated by you, other than the courier, takes physical possession of the products.
Title to the products will only pass to you upon receipt of payment in full of all sums due for the products, including delivery costs, or upon delivery (as defined in Article 9 above), whichever is later. Legal title to the products shall immediately revert to us if we refund any such payment to you.
11. PRICE AND PAYMENT
The price of each Product will be as stated from time to time on our Website unless there is an obvious error. Whilst we take care to ensure that all prices quoted on our Website are correct, errors may occur. If we discover a pricing error on any product(s) in your order, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, for reasons beyond our control, your order will be considered cancelled and, if you have already paid for the product(s), we will refund the full amount paid.
We are under no obligation to sell any product at an incorrect lower price (even if you have received a Dispatch Confirmation from us) if the price error is obvious, unmistakable and could reasonably have been identified by you as an error.
The prices displayed on our Website include delivery costs, which are free of charge via UPS and FEDEX. However, the prices shown on the website do not include the Sale Taxes, which will be calculated at the checkout page after the customer will fill in the delivery address.
Prices may be revised at any time, but (with the exceptions noted above) any potential change will not affect any order of yours for which, prior to the price change, an Order Confirmation has already been sent.
Once you have selected all the products you wish to purchase by adding them to your cart, the next step is to go through the checkout process and make payment. To do this, you must follow the steps in the checkout process, filling in or verifying the information requested at each step. Furthermore, throughout the purchase process, you can change your order details before making payment. The "How to buy" section gives you a detailed description of the purchase process. Also, if you are a registered user, a history of all orders placed by you will be available in the "My Account" section.
You can pay using Visa, Mastercard, American Express, via a secure platform. To minimise the risk of unauthorised access, your credit card details will be encrypted.
12. SALES TAX
In accordance with the rules and regulations in force, all purchases made through the Website will be subject to sales tax, which will be shown at the checkout page, after the customer will fill in the delivery address.
13. RETURN POLICY
Please refer to the section "Returns".
14. LIABILITY AND DISCLAIMER
Unless otherwise expressly stated in these Terms, our liability in relation to any product purchased through our Website is strictly limited to the purchase price of that product.
Notwithstanding the foregoing, nothing in these Terms shall exclude or limit our liability in any way:
For death or personal injury caused by our negligence;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal or unlawful for us to exclude or limit our liability or to attempt to exclude or limit our liability.
Notwithstanding the above paragraph and to the maximum extent permitted by law, unless otherwise stated in these Terms, we assume no liability for the following, regardless of origin:
loss of income or gains;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data; and
loss of management or working time.
You will also not be able to claim liability against us if our inability to deliver the products ordered or to perform any of our obligations under these Terms is the consequence of the occurrence of a Force Majeure Event as covered in Article 20 below.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and reliability of information transmitted to or obtained from this Website unless expressly stated otherwise on this Website.
All product descriptions, information and materials published on this Website are provided "as is" and without warranties of any kind, express, implied or otherwise, except as required by law. Accordingly, if you enter into the Contract as a consumer or user, we assume the obligation to deliver products that conform to the Contract and assume liability to you for any lack of conformity that exists at the time of delivery. Products shall be deemed to be in conformity with the Contract if they: (i) conform to the description provided by us and possess the same qualities that we have presented on this Website; (ii) are fit for the purposes for which products of that type are normally used; and (iii) exhibit quality and performance parameters that are normal for products of the same type and that you can reasonably expect.
We may be held liable if non-conformity occurs within two years from the date of delivery of the product. Until proven otherwise, lack of conformity occurring within 6 months from the date of delivery of the product shall be presumed to have existed at the time of delivery of the product, unless such presumption is inconsistent with the nature of the product or the lack of conformity.
To the maximum extent permitted by law, but without excluding anything that cannot be legally excluded in the case of consumers, we hereby disclaim all other warranties of any kind.
The products we sell, and in particular handmade products, often show the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in fiber, texture, knots and color, cannot be considered defects or damage. On the contrary, you should expect them to exist and appreciate them. We select only the highest quality products, but natural characteristics cannot be avoided and must be accepted as part of the individual appearance of the product.
Nothing in this clause will affect your legal rights as a consumer and/or user or your right to withdraw from the Contract.
15. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content that is provided as part of this website shall remain vested in us or our licensors at all times. You are only entitled to use this material with the prior express consent provided by us or our licensors. This does not prevent you from using this Website to the extent that it is necessary to make a copy of any order or Contract data.
16.VIRUSES, HACKING AND OTHER CYBERCRIME
You may not abuse this website by deliberately introducing hardware and software computer viruses, as well as any other unauthorized software or any other material that is malicious or technologically harmful. You are prohibited from making any attempt to gain unauthorized access to this Website, the server that hosts this Website, or any other server, computer or database associated with our Website. You agree not to attack this Website through a "denial of service" attack or a distributed denial of service attack.
By violating this provision you may be committing an offence under applicable regulations. We will report any such violation to the appropriate law enforcement authority and cooperate with the appropriate authority to make known the identity of the hacker. Also, in the event of such a breach, your right to use this Website will cease with immediate effect. We will also take all necessary steps to restrict your access to the Website for the maximum duration permitted by law.
We assume no liability for any loss or damage caused by a "denial of service" attack, virus or any other software or material that is malicious or technologically harmful to your computer equipment, data or materials as a result of your use of this Website or your downloading of its content or other websites to which this Website directs you.
Applicable law requires that some of the information or communications we send to you be in writing. By using this Website, you agree to communicate with us primarily by electronic means. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications we send to you by electronic means comply with any legal requirement that communications be in writing. This condition does not affect your legal rights.
Our recommendation is that you preferably send us all notifications via our contact form, phone by calling (+1) 424.470.8844, or e-mail to: email@example.com.
Notification will be deemed received and properly served immediately when posted on our Website, within 24 hours of sending an email or three days of sending a letter by post. To prove that a notice has been served, it is sufficient proof, in the case of letters, that they have been properly addressed, stamped and deposited in the mail, and in the case of an e-mail, that it has been sent to the specified address of the recipient.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between us and you is binding on us, you and our and your successors and agents.
You may not transfer, assign, charge or otherwise dispose of a Contract or any of your rights or obligations under it without our prior written consent.
We may transfer, assign, charge, subcontract or otherwise dispose of a Contract or any of our rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, encumbrance or other disposal will not affect your statutory rights as a consumer and will not invalidate, reduce or otherwise limit any warranty we have given you, expressly or by implication.
19. FORCE MAJEURE EVENTS
We shall not be liable or responsible for any failure or delay in performing any of our obligations under a Contract if caused by events beyond our reasonable control ("Force Majeure Event").
A Force Majeure Event shall include any act, event, default, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
Strikes, technical unemployment or other industrial action.
Civil rebellion, riot, invasion, terrorist attack or terrorist threat, war (declared or undeclared), threat or preparation for war.
Fire, explosion, storm, flood, earthquake, landslide, epidemic or any other natural disaster.
Inability to use railways, sea transport, air transport, car transport or other means of public or private transport.
Inability to use public or private telecommunications networks.
Acts, decrees, legislation, regulations or restrictions imposed by any government.
Any strike, breakdown or accident affecting shipping, the postal system or other relevant transport.
The performance of our obligations under any Contract shall be deemed to be suspended for the duration of the Force Majeure Event and we shall be granted an extension of time to perform our obligations during the Force Majeure Event. We will use our reasonable endeavours to stop the Force Majeure Event or to find a solution whereby we can perform our contractual obligations despite the Force Majeure Event.
If the Force Majeure Event lasts for more than 3 months, the Contract entered into by us shall terminate automatically. Following termination of the Contract, we will refund all payments received from you, including delivery costs, if any (except for additional costs incurred as a result of you choosing a delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 calendar days from the date on which we consider this Contract to have been terminated.
If at any time during the term of the Contract we fail to insist upon strict performance by you of your obligations under the Contract or any of these Terms and/or if we fail to exercise any of our rights or pursue any remedies to which we are entitled under this Contract or these Terms, this shall not constitute a waiver by us of or a limitation on those rights or remedies and shall not relieve you from compliance with those obligations.
A waiver by us of any breach of any obligation shall not constitute a waiver by us of any subsequent breach of any obligation under the Contract or Terms.
No waiver by us of any of these Terms or of any right or remedy arising under the Contract shall be effective unless it is expressly stated to be a waiver and you are given written notice of it in accordance with the paragraph on Notices above.
21. PARTIAL CANCELLATION
If any of these Terms is held by a competent authority to be invalid, illegal or unenforceable, or any provision of a Contract to be invalid, illegal or unenforceable to any extent, the term, condition or provision in question shall be severed to the extent permitted by law from the remaining terms, conditions and provisions, and the latter shall continue to be valid to the fullest extent permitted by law.
22. COMPLETENESS OF THE CONTRACT
These Terms and any document expressly referred to constitute the entire agreement between you and us with respect to the subject matter of any Contract and supersede any other agreement, understanding or prior oral or written arrangement between you and us.
Both we and you represent that in entering into this Contract, neither you nor we have relied on any statement, undertaking or promise made by the other or implied in anything said or written during negotiations between you and us prior to entering into the present Contract except as expressly stated in these Terms.
Neither you nor we shall have any right of recourse in respect of any untrue statement made orally or in writing by the other party prior to the date of the conclusion of any Contract (except where such untrue statement was made fraudulently) and the other party shall only have a right of recourse in respect of a breach of contract as set out in these Terms.
23. OUR RIGHT TO AMEND THESE TERMS
We have the right to revise and amend these Terms from time to time in our sole discretion.
You will be subject to the policies and Terms in effect at the time you use this Website or order products from us, unless any change to these policies, Terms or the Privacy Statement is required to be enforced by law or governmental authority, in which case any potential change will apply to orders previously placed by you.
24. APPLICABLE LAW AND JURISDICTION
The use of our Website and Contracts for the purchase of products concluded through this Website shall be governed by the laws of United States.
Any dispute arising out of or in connection with the use of the Website or in connection with these Contracts shall be subject to the non-exclusive jurisdiction of the USA courts.
If you enter into the Contract as a consumer, nothing in this clause shall affect your statutory rights under applicable local law.
25. WARRANTY CONDITIONS
The customer is obliged to handle the product in accordance with the recommendations and prescriptions given by CRISTALLINI LLC. Any violation of these will lead to the cancellation of the guarantee.
At the time of the warranty request, the defective product must be presented in its original packaging, accompanied by the copy of the invoice.
In case of non-compliance with these provisions, the products will be returned to the applicant without the guarantee being resolved.
The warranty period offered by CRISTALLINI is 30 days from the date of purchase of the product.
If you notice a violation of consumer rights by CRISTALLINI please report this to us at firstname.lastname@example.org
The images published on the website are true to life, but sometimes the colours of the products may be slightly different in reality. CRISTALLINI reserves the right to modify products without prior notice.
The provision of personal data to CRISTALLINI does not imply any obligation on the part of the users and they may refuse to provide this data in any circumstances and may request their deletion from the database free of charge.
The company CRISTALLINI LLC (www.cristallini.com) cannot guarantee and cannot assume responsibility that the information presented on the website is correct, complete or updated and that the services offered through this website are accessible, uninterrupted and error-free. There may be system errors beyond our control.
Prices, offers and images are subject to change without notice.
The information provided to CRISTALLINI is used only for the purpose for which it was entered, namely to place orders, in accordance with the laws in force. CRISTALLINI does not provide your e-mail address to third parties, does not encourage spam, and does not disclose the data provided by its customers without their explicit consent. Any user has the possibility to delete from the database the e-mail address provided by sending a request to email@example.com. CRISTALLINI reserves the right to select its customers.
CRISTALLINI certifies that respects the rights for the protection of individuals with regard to the processing of personal data and the free movement of such data.
CRISTALLINI guarantees the security and confidentiality of the data hosted and transmitted through its computer system. This information may be used by CRISTALLINI to send the user confirmation of orders, various special offers, promotions, etc. only with the prior consent of the customer.
The customer understands the intellectual property rights and will not disclose to a third party or make public (on the internet or media) any of the information received from CRISTALLINI.
Also, the names of the sites, as well as the graphic symbols, are registered trademarks of CRISTALLINI LLC and may not be taken, copied or used without the written consent of the owner.