Terms and Conditions

These General Terms and Conditions of Use and Sale (hereinafter, the “Terms of Use and Sale”) govern -on the one hand- the terms and conditions of sale of goods and services (hereinafter, respectively, the “Products” and “Services”) offered by I CARILLO S.r.l. through the website www.carillomoda.it (hereinafter, the “Website”).

Carillo Moda is a Web platform for online sales of Products and Services offered.

Selling party is I CARILLO S.r.l. – below, “Carillo Moda” – (Tax code – VAT number 08719491212), an Italian company with its registered office in Terzigno (NA), Italia, Corso Leonardo da Vinci, 291 (PEC: [email protected]).

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Anyone who browses the Web Site without being registered or authenticated there is considered a user (hereinafter, “User”). By accepting these Terms of Use and Sale, the User consents to the registration by Carillo Moda of his/her personal data in the “Web Users” file, and thereby acquires the status of “Customer” of Carillo Moda.

Carillo Moda provides information about Products and Services, of Carillo Moda, and offers the opportunity to purchase said Products and Services through the Website. Individuals who wish to browse within the Website or make a purchase of Products or Services must have “Customer” status, which is acquired by completing the registration form, agreeing to these Terms of Sale and Use, the Privacy Policy, and the Cookie Policy.

The Customer or User who accesses the Web Site and/or makes a purchase of Products and Services through the Web Site agrees to and is bound by the Terms of Use and Sale as they appear at the time he or she accesses the Web Site.

All Customers or Users accessing the Website must be over sixteen years old and have sufficient legal capacity to enter into contracts.

When a Client starts the browsing session, Carillo Moda uses cookies so that browsing is simplified, and the choices previously introduced by the Client do not have to be introduced each time.
These cookies are restored each time the Client accesses the Website and have an approximate duration of one month. Even so and as a security measure, if the Client tries to access private and sensitive sections, such as for example “My Account” 30 min after the start of the session, Carillo Moda will solicit identification to be able to access said sections. If the Client does not wish his/her session to remain open, he/she may close it by clicking on “log out” in the top right menu of the Website at any time.

Carillo Moda operates through the Website exclusively throughout the territory of Italy (with the exception of the cities of Livigno and Campione d’Italia and the territory of the Republic of San Marino) (hereinafter, the “Territory”). Carillo Moda distributes Products exclusively within the Territory.

Product and service information

Descriptions of the Products and Services offered on the Website are made based on information and documents made available by suppliers and collaborators of Carillo Moda.

Photographs, graphic or iconographic representations and videos relating to the Products and Services, as well as trade names, distinctive signs of any nature contained on the Website, are intended to provide as much information as possible to the Customer.

In the event that, due to circumstances of force majeure or for reasons attributable to Carillo Moda, the Product or Service is not available after the purchase is made, Carillo Moda will inform the Customer by e-mail of the total or, if applicable, partial cancellation of the order. In case of total cancellation, the total amount of the order will be refunded, while in case of partial cancellation only the price of the unavailable Products or Services will be refunded.

Product prices

Prices of Products offered through the Website include VAT and any other applicable taxes. However, these prices do not include the shipping costs of the Products. They are detailed during the payment procedure and must be accepted by the Customer at the time of ordering.
Carillo Moda reserves the right to make changes to its prices at any time. Products will be invoiced at the price in effect at the time the order is placed.

Product purchasing and order formalization

The Customer’s purchase of Products through the Website must be made by following the procedure outlined therein.

Carillo Moda will send, within twenty-four (24) hours, an email confirming receipt of the order and the purchase made. The order for Products and, consequently, the purchase of Products shall be deemed formalized and finalized upon receipt of payment by Carillo Moda.

Payment of products

The Customer shall make the payment by Visa, Mastercard, Visa Electron and/or other similar credit or debit card, or through the PayPal or Stripe systems or through a SEPA bank transfer or through Scalapay by installment in 3 installments.The document proving the purchase corresponding to the order of the Products will be available and can be viewed in the Section: “My Account >My Orders.” From this Section the Customer can also download the invoice for the order. The financial institution issuing the card with which payment is made must be an Italian bank or savings bank, or an Italian branch or subsidiary of a foreign financial entity.
If you buy with Scalapay you receive your order immediately and pay in 3/4 installments. You acknowledge that the installments will be assigned to Incremento SPV S.r.l., related entities and their assignees, and that you authorize such assignment.

The Customer must notify Carillo Moda, by email, of any undue or fraudulent charges to the card used for purchases on the Website as soon as possible in order to allow Carillo Moda to put in place such procedures as it deems appropriate.

Carillo Moda uses the highest commercially available security measures in the industry. In addition, the payment process takes place on a secure server using the Secure Socket Layer (SSL) protocol. The secure server establishes a connection that enables the transmission of encrypted information using 128-bit algorithms, which ensure that it is intelligible only to the Customer’s computer and the Website’s computer. Thus, using the SSL protocol ensures:

1. (i) That the Client is communicating its data to the central server of Carillo Moda and no one else.
2. (ii) That between the Client and the central server of Carillo Moda the data be transmitted in encrypted form, preventing the

possible reading or manipulation by third parties.

In addition, Carillo Moda declares that it has no access to and does not record sensitive data related to the payment method used by the Client. Only the entity processing the payment has access to this data, for payment and collection management purposes. Once the purchase procedure is completed, a printable electronic document is generated by the Customer by which the contract is formalized and it is filed in the Section: “My Account > My Orders”.

Carillo Moda has implemented a program for detecting possible fraudulent transactions and reserves the right to request additional information, confirmations and/or documents from Customers, even after they have made one or more purchases on the Website, by telephone call or e-mail message addressed to the number or account indicated by the Customer, in order to receive confirmation that the Customer has actually made and authorized said purchase(s) and/or that the delivery or return of said purchase(s) has been correctly made, thereby finally authorizing the corresponding transaction(s). In this context, by way of example and not limitation, Carillo Moda may request confirmations of the Customer’s identity by telephone, or request: (a) a written confirmation or authorization signed by the Customer responsible for the relevant purchase(s); and (b) a copy of the Customer’s valid identification document bearing the Customer’s photograph, in order to have confirmation of the Customer’s identity. Carillo Moda is required to store such information and documents with the highest security measures at its disposal, in accordance with the provisions of the current Personal Data Protection Law.

In the event that the Customer fails to confirm his or her identity or fails to provide Carillo Moda with the required documentation and information within 48 hours from the time of the telephone request or the sending of the e-mail message, the transaction(s) referred to in said notice and the corresponding order(s) may be automatically cancelled without the need for further notice, and Carillo Moda will proceed to automatically refund the amount(s) paid by the Customer for said purchase(s).

Said procedure is intended to ensure the security of the Customers of Carillo Moda, therefore, the Customer, by accepting these Terms of Use and Sale, agrees to subject himself/herself to the aforementioned procedure of detection of possible fraudulent transactions, relieving Carillo Moda of any responsibility in this regard, and likewise authorizes Carillo Moda to use – for future transactions carried out by the Customer himself/herself – the additional information and documents that the Customer has provided in accordance with the above provisions.

Cancellation of orders

Cancellations of orders will not be accepted if the order is in preparation. In the above assumptions, the Customer may exercise the right of cancellation by returning the Products once they have been delivered to the Customer.

Carillo Moda reserves the right to cancel an order in the cases and subject to the terms and conditions set forth in Section: “Payment for Products” of these Terms of Use and Sale.
Carillo Moda undertakes to deliver the Product in perfect condition to the address indicated by the Customer which, in any case, must be within the Italian Territory. Delivery will normally be made at street level. In order to optimize the delivery process, the address indicated by the Customer must be an address at which delivery can be made during normal business hours.

If at the time of delivery of the Product to the specified address the Customer (or authorized person) is not present the transportation company will make a second delivery attempt on the next day. If even for this second attempt the Customer (or authorized person) is notpresent the shipment will be placed in storage at the nearest logistics warehouse owned by the transport company. After the time specified from the date of the notice (which in no case will be less than seven (7) calendar days), the Customer will not have contacted Carillo Moda to agree on a new delivery date, the Products will be returned to the warehouses of Carillo Moda and the Customer will be responsible for the shipping and return costs.

Carillo Moda shall not be responsible for errors or damage caused at the time of delivery if the address given by the Customer does not match the Customer’s desired delivery location.

If an order includes multiple Products, Carillo Moda may make delivery of such Products at various different times and dates, subject to the delivery deadline communicated pursuant to paragraph (ii) below.

In the event that, upon receipt of the Products ordered, the Customer notices that the packaging is ruined or, once the packaging is opened, that the Products are damaged in transit, or different from those ordered or, again, that Products related to the same order are missing, the Customer shall notify Carillo Moda within a period of 5 natural days from delivery.

(ii) Delivery terms

Carillo Moda will inform the Customer of the delivery deadline before the conclusion of the purchase procedure.

Carillo Moda does not make Product deliveries on Saturdays, Sundays, national, regional and local holidays.

Carillo Moda will inform the Customer, by sending an email to its email address, of the date of departure of the Products from the warehouses of Carillo Moda and the contact details of the transport company that will make the delivery.

After 20 calendar days have elapsed since the agreed delivery date without the Customer notifying Carillo Moda that the Customer has not received the Products, the Customer shall be deemed to have correctly received said Products.

Delivery shall be deemed to have been made from the time the Product is made available to the Customer at the place of delivery indicated by the Customer or at the corresponding pick-up point.

The risk of the Products (among others, loss, compromise, or theft) transfers to the Customer from the time the Products are made available to the Customer at the place of delivery.

Return of products – Right of withdrawal

(i) Return procedure

The Customer shall have a maximum of fourteen (14) calendar days from the date of delivery of the Product to withdraw, in whole or in part, from the contract for the purchase of Products, in accordance with applicable law.

The Customer has 14 calendar days from the notice of withdrawal to return the Product(s) to Carillo Moda. If the return is not made within that time, Carillo Moda will not accept returns of Product(s) and the withdrawal becomes ineffective.

For reasons of hygiene and health, returns of underwear such as briefs, culottes or boxer shorts, which are not delivered in sealed packages, cannot be made. Return of Products delivered in sealed packages when for reasons of hygiene or health the same are not suitable to be returned and whose package has been tampered with or opened after delivery is also not allowed.

To exercise the right of withdrawal, the Product must be in the same condition in which it was delivered, with the original packaging and labels. The Customer must send the Product in the same package in which it was received, or in a similar format. The Product return slip must be included in the package.

The return procedure is very convenient:

1. access My Account > My Orders > Return (under the order to be returned);
2. From the drop-down menu, choose the item to be returned;
3. Indicates the Reason for return;
4. Click Add Item to Return, to add more products to return;
5. Once completed, press Submit;
6. We will send a courier to pick up the products to be returned to the chosen address

(ii) Price refund

In the event that the Customer exercises the right of withdrawal, the Customer shall be entitled to a refund of the price of the returned Products, in addition to ordinary shipping costs provided that the requirements set forth in the Terms of Use and Sale are met and the returned Products are in the same condition in which they were delivered, have not been used (except as necessary for the purpose of verifying their conformity with their description), washed, damaged, removed from the packaging – when for reasons of hygiene or health the same are not suitable to be returned – or lost before arriving at the premises of Carillo Moda.

If the right of withdrawal is exercised, the Customer must bear the return shipping costs. The return charges stated herein may be changed by Carillo Moda at any time.

Carillo Moda will verify in its warehouse the suitability of the returned product, reserving the right not to make a refund if it finds that the Product purchased and the returned Product do not match, or that the return was not made in accordance with these Terms of Use and Sale.

Partial returns of an order will result in corresponding partial refunds of price and shipping charges. Shipping charges will be refunded in proportion to the value of the returned product.

In case of withdrawal, Carillo Moda will make the refund of the price and shipping costs through the same payment system used by the Customer for the purchase of the Products, within forty-eight (48) hours from the confirmation of arrival at the warehouse of the returned Product(s) and, in any case, within a period not exceeding 14 calendar days from the day on which the Customer communicated the withdrawal. The execution of the refund of the price and shipping costs to the Customer’s account or card depends on the card and the issuing entity. The period for making the price refund will be a maximum of seven (7) calendar days for debit cards and thirty (30) calendar days for credit cards.

Deliveries not in accordance with orders

(i) Return of products

The Customer shall be entitled to a refund of the price, shipping and return charges for the return of defective Products or Products delivered that do not correspond to the order placed by the Customer, in accordance with applicable law.

In such cases, the return of Products to Carillo Moda may be made in the manner provided for in the paragraph “RIGHT OF WITHDRAWAL – (i) Return procedure”, or by contacting customer support. In case of return of defective Products, that is, that do not correspond to the order placed by the Customer, Carillo Moda will bear the transportation costs for the return of the Products, provided that such return takes place within the Italian Territory (including islands).

Conformity warranty for defective or nonconforming products

(i) Contents of the Legal Guarantee of Conformity

The Products are covered by the legal warranty in case of non-conformity of the same if it manifests itself within a period of two (2) years from the date of delivery and in line with the provisions of the current regulations. The Customer must inform Carillo Moda of the non-conformity within two (2) months of becoming aware of it.

The warranty offered corresponds to that specified by the Consumer Code (Legislative Decree 206/2005) in Articles 128 to 132.

In the case of non-conforming Products, Carillo Moda cannot offer replacement. In such case, the Customer shall be entitled, at its option, to a price reduction (according to a percentage to be agreed with Carillo Moda on the basis of the circumstances) or to termination of the contract, which shall entail the full refund of the price of the defective or nonconforming Product and shipping costs.

(ii) Client’s Obligations Regarding Warranty

The Customer shall, at all times, follow the instructions for the proper use and care of the Product.

The Customer will be able to make use of the warranty on a Product in accordance with the current regulations on the warranty of consumer goods. In case of any doubts, the Customer may contact Carillo Moda for assistance regarding the steps to be followed and the information necessary for the submission of claims related to the conformity warranty.

(iii) Exclusions

The warranty does not cover defects caused by negligence, misuse or mishandling, accidents, improper use and care, or perishable materials or Products, worn out as a result of normal use or perishable. Also excluded from the warranty are Products modified by the Customer or any other person not authorized by Carillo Moda.

Among other cases, the Customer will not be entitled to exercise the warranty of the Products and, consequently, it will not be applicable:

(a) in the absence of proof of purchase of the Products;

(b) if the identification number and the Product under warranty are manipulated or repaired without the knowledge of Carillo Moda;
(c) if any of the details of the warranty provided or the proof of purchase of the Products are changed, altered or replaced. To take advantage of the warranty, it isfundamental to keep the proof of purchase of the Products.

Intellectual and industrial property

“Carillo Moda” is a trademark registered with the Patent and Trademark Office…, so any use by third parties of the same or any similar identifying mark that may cause confusion as to origin or ownership is expressly prohibited without the prior written permission of [UG2] S.r.l.

The website “www.carillomoda.it” is a domain registered by I CARILLO S.r.l. Such domains and the trademark “Carillo Moda” may not be used, without the prior express written permission of the owner, in connection with other Products or Services not of Carillo Moda, in such a way as to cause confusion among our Customers or to discredit Carillo Moda and its related companies.

Carillo Moda holds all rights to the content, design, and source code of the Web Site including, but not limited to, photographs, images, text, logos, designs, trademarks, trade names, and data on the Web Site.

The content of this Web Site isin addition considered computer software and, consequently, the relevant Italian and European Community regulations also apply to it.

total or partial reproduction of the Web Site, including through hypertext links, as well as any part of the content without the express prior written permission of Carillo Moda is expressly prohibited.

Copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action involving a violation of current Italian and/or international regulations on intellectual and/or industrial property, as well as the use of the contents of the site without the prior explicit authorization in writing of Carillo Moda are also absolutely forbidden.

Carillo Moda informs that it does not grant any explicit or implicit license or authorization over intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the content on the Website.

Responsibility of Carillo Moda

Carillo Moda assumes no liability arising from, but not limited to:

a) from the use that Customers or Users may make of the materials on the Website or sites indicated through links, whether or not they are prohibited, in violation of the intellectual and/or industrial property rights of the contents of the Website or third parties;

b) from any damages and prejudices caused to Customers or Users as a result of normal or abnormal use of search tools, organization or localization of content and/or access to the Website and, in general, errors or problems caused in the development or implementation of technical elements that the Website or a program may make available to the Customer or User;

(c) by the contents of pages that Customers or Users can access through links placed on the Website, whether authorized or not;

(d) by the acts or omissions of third parties, regardless of whether such third parties may be contractually bound to Carillo Moda;

e) from access by minors to the content on the Website, it being the responsibility of parents or guardians to exercise adequate control over the activity of the children or minors in their care or to install tools to control the use of the Internet in order to prevent access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorization of parents or guardians;

f) from errors or delays in the Customer’s access to the Website when entering its data in the purchase procedure, from the slowness or inability to receive from the Customer’s order confirmation or from any anomaly that may occur when such events are due to Internet network problems, fortuitous event or force majeure, or any other unforeseeable event independent of the good faith of Carillo Moda;

g) from defects or problems that may occur in communications, deletion, or incomplete transmissions, reason why it is not guaranteed that the services of the Website are constantly operational;

h) from errors or damage caused to the Website by inefficient and bad faith use of the service by the Client or User;

(i) from non-operation or problems with the e-mail address provided by the Customer for sending the order confirmation.

Carillo Moda undertakes to solve problems that may arise and to offer all necessary assistance to the Customer to arrive at a quick and satisfactory solution to the inconveniences that may occur on the Website.

Carillo Moda also has the right to carry out, at defined intervals, promotional campaigns to encourage the enrollment of new members in its service. Carillo Moda reserves the right, always in compliance with applicable regulations, to modify the conditions applicable to the promotions, to extend them after due notice, or to proceed to the exclusion of any participant in them in the event it finds anomalies, abuses or unethical behavior in the participation of the same (such as, for example, fraudulent activity).

Partial invalidity

In the event that any clause of these Terms of Use and Sale is declared invalid, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the purpose of these Terms of Use and Sale.

The failure of Carillo Moda to exercise any right under these Terms of Use and Sale shall not be construed as a waiver of such right, except in the case of an express waiver in writing by Carillo Moda or a statute of limitations on the action, as the case may be.

Modification of conditions of use and sale

Carillo Moda reserves the right to change, at any time, the layout and configuration of the Website, as well as the Terms of Use and Sale and the Privacy Policy and Cookies Policy.

Any change that involves updating the information due (to Users or Clients) or that involves the collection of consent, will be communicated according to the contact channels acquired in order to update the ‘information due or to acquire consent, if any.

Where the acquisition of consent becomes necessary in the future, in dependence of a different use of the personal data obtained or even as a result of evolution or interpretation of the rules regulating privacy matters, Carillo Moda will notify according to the contact channels the need for it, updating the information and allowing the appropriate provision of consent.

Customers and Users will always have these Terms of Use and Sale available in a visible, open-access location for all consultations they wish to make. Each time they access the Website, Customers and Users must read these Terms of Use and Sale carefully. In any event, acceptance of the Terms of Use and Sale, in effect at all times, is a preliminary and indispensable step in the request for any Product or Service available through the Web Site.

Communications between Carillo Moda and the Client

All communications sent by Carillo Moda to the Customer regarding these Terms of Use and Sale or the purchase of Products and Services through the Website will be in writing through the Section: “Contact Us” and in accordance with the communication procedures set forth in these Terms of Use and Sale for each particular case.

In addition to the Section: “Contact Us,” Carillo Moda also provides the Customer with the support email address [email protected] .

In the remaining cases not explicitly regulated by these Terms of Use and Sale, communications that the Customer intends to send to Carillo Moda must be addressed to the address of Carillo Moda indicated in clause 1 above and be in writing, by a system that allows Carillo Moda to confirm their content and receipt (registered mail with return receipt).

Completeness of the conditions of use and sale

These Terms of Use and Sale and the contract documenting Customer’s purchase of the Products or Services constitute the sole and express will of Carillo Moda and the Customer with respect to the subject matter thereof and shall cancel and supersede any other agreement or contract, whether oral or written, previously concluded between the parties. Any amendments to these Terms of Use and Sale or the contract documenting the purchase of the Products or Services shall be in writing and by mutual agreement between Carillo Moda and the Customer.

Assignment of rights and obligations

Carillo Moda and the Customer may freely assign and/or convey, at any time and in accordance with applicable law, rights and obligations relating to these Terms of Use and Sale or the purchase of Products and/or Services through the Website. The party assigning its rights is obliged to notify the other party, indicating the identity of the person/entity to whom such rights and obligations have been assigned. Such communication must be in writing and by a means that guarantees its receipt.

Applicable law and jurisdiction

These Terms of Use and Sale are governed by Italian law.

In the event of any dispute or controversy arising out of the purchase of Products and/or Services through the Website and/or these Terms of Use and Sale and for the resolution of any conflict, the parties shall be subject to the jurisdiction of the court of the city where the Customer or User has his or her residence or domicile.

The European Commission also provides consumers with online dispute resolution the EU platform for amicable dispute resolution (Article 14(1) Regulation (EU) 524/2013), which can be accessed at http://ec.europa.eu/odr.