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TERMS AND CONDITIONS

GENERAL OVERVIEW OF THE CONTRACT AND USE OF WWW.CIRCUSHOTEL.IT

 

  1. GENERAL TERMS AND CONDITIONS 

These general terms and conditions of sale (hereinafter referred to as “T&Cs” or “General Terms and Conditions”) govern the sales methods and conditions of Circus Hotel brand products (“Products”) by Abraham Industries S.r.l. through the website www.circushotel.com (“Site”) (hereinafter also referred to as the “Seller” or “Abraham Industries”), with registered offices in Fosse Incrociate no. 284, Santarcangelo di Romagna (RN), Italy, share capital of €50,960.00, Rimini Companies’ Register, Italian Tax Code and VAT no. 01729810406, Economic and Administrative Business Register: Rimini, no. 327602, owner of said brand within Italy and other countries of the Eurozone.

The function of these General Terms and Conditions is to define the parties’ rights and obligations as regards the online sale of the Products using the Site.

The use of the distance selling process as described in these T&Cs is reserved exclusively for consumers, which for such purpose means the natural persons (hereinafter referred to as "Customer” or “Customers”) acting outside the scope of business, trade, craftsman or professional activities, pursuant to art. 3 of Italian Legislative Decree 206/2005 (hereinafter referred to as the “Italian Consumer Protection Code”).

The online sales system, which presupposes the Customer's active participation, was created in full compliance with regulations concerning distance selling, as provided for and governed by the Italian Consumer Protection Code.

The Customer shall register to access the customer area in order to purchase Products through the Site. Upon registration, he/she will be asked to provide his/her forename, surname and personal information, including his/her email address, as well as to select a password, which will enable him/her access to a personal area and to purchase Products. By registering, the Customer guarantees that the personal data provided are correct and true. The Seller's processing of said data is governed by the Site’s Privacy Policy. The Customer commits to promptly update his/her data and to diligently maintain his/her user name and password for accessing the customer area. He/She furthermore states that he/she is aware that the disclosure of such authentication data to third parties and/or the use of such by third parties is not permitted and may result in him/her being held liable for the use of the Site and credentials which violates these T&Cs.




  1. SCOPE OF APPLICATION

These T&Cs are applicable to all Product sales which occur through the Site, and, therefore, must be carefully reviewed by the Customer before completing the Product sales procedure.

Every time a Product purchase order is sent through the Site, it is presumed that these T&Cs have been read and accepted. The same applies to the terms and conditions of payment set out hereafter. The confirmation of a purchase order implies that these General Terms and Conditions are accepted in their entirety. 

By sending a purchase order through the Site, the Customer acknowledges that Abraham Industries is not bound by any general terms and conditions of sale and/or payment, save for these present, unless agreed upon in writing in advance with the Customer.

The T&Cs described here are considered to be applicable and in effect until they are published on the Site. Any changes made to them in the future will be published on the Site and will apply exclusively to orders made on the day following publication. 

The Seller and Customer explicitly agree to recognise the valid electronic signature provided upon executing the sales contract, as governed in the relevant clauses laid down in these General Terms and Conditions at the end of the purchase. It is understood that these General Terms and Conditions, published in a section that is visible and accessible from the Site’s homepage, also serve as the contract for use of the Site, and are considered accepted by virtue of merely using the Site.

By transmitting the purchase order, the Customer confirms that he/she is familiar with and accepts these General Terms and Conditions.




  1. SELLER IDENTITY

Abraham Industries, with registered offices in Fosse Incrociate no. 284, Santarcangelo di Romagna (RN), Italy, share capital of € 50,960.00, Rimini Companies’ Register, Italian Tax Code and VAT no. 01729810406, Economic and Administrative Business Register: Rimini, no. 327602, owner of the Circus Hotel brand.




  1. INTELLECTUAL PROPERTY AND TRADEMARKS

The Site, as well as all of the trademarks and distinguishing marks that Abraham Industries uses on the Site, are protected under the applicable intellectual property and trademark laws; any type of reproduction, disclosure, distribution, publication, alteration or transformation, in any form and for any purpose whatsoever, of the Site’s contents, trademarks and distinguishing marks used by Abraham Industries (such as, by way of example, the works, images, pictures, designs, videos, graphics, colours, functionality and design of the Site) is prohibited.




  1. PRODUCT INFORMATION

Only products bearing the Circus Hotel trademark are available for purchase on the Site. Abraham Industries does not sell products which are used, irregular or which are of a substandard quality compared to market standards. The fundamental Product features are presented on the Site in each product description. The images and colours of the products available for purchase on the Site, however, may not correspond to reality, due to their appearance on the Internet browser or monitor used.

All Products are provided with an identification tag. The Customer must not remove said tag from the Product in case he/she intends to invoke his/her right to cancellation, which may be exercised in accordance with art. 52 of the Italian Consumer Protection Code. If he/she does, Abraham Industries has the right to reject the return of Products which do not possess the relative tag and whose fundamental and quality characteristics have been altered or tampered with, or which have been damaged or used.




  1. PRODUCT ORDERS

A purchase order may be made through the Site by following the steps and instructions set out on the Site. Should this process be performed successfully, Abraham Industries shall immediately communicate that it has received the order, reserving the right to perform a standard check of pre-authorising the Customer’s payment method with the purpose of ensuring that it has sufficient funds to complete the transaction. The order shall be fulfilled once Abraham Industries has received confirmation that the payment of purchase was successful. Upon acceptance of the order, the Customer will receive written confirmation of having entered into the contract.

Abraham Industries furthermore reserves the option to communicate whether it is possible to fulfil the order within 10 days from receipt of the purchase order. The order cancellation will follow immediately, and the entire amount reserved for payment, including shipping fees, will be released simultaneously. Such circumstances may occur in the event that merchandise sells out, if the order does not correspond to normal sales needs (by way of example and by no way of limitation, this will be evaluated based on the number of products purchased in a single order if multiple orders for the same product are received, etc.) or due to a case of force majeure.




  1. PAYMENT

Every payment that the Customer makes may take place exclusively using the payment methods indicated on the Site.

The total order amount is authorised as soon as the purchase order is sent to Abraham Industries, subject to its acceptance by the same in accordance with the provisions of art. 7 of these T&Cs.

The order transmission process will be considered concretely completed following completion of the payment operations, once the Customer is redirected to the Site’s order confirmation page.




  1. PRODUCT PRICE

The price for every single Product present on the Site refers to the relative product and is includes VAT.

Shipping costs are not included in the Product price; instead, they are indicated and calculated before the purchase order is sent and before payment is made. The Customer is liable for such fees. 

Any special offers and conditions promoted by the Seller are temporary and subject to the exhaustion of stocks and, in any case, are related to the effective availability of the relevant Products.




  1. DELIVERY

The courier in charge of shipping the order will send a notification with delivery details.

The purchased Product(s) will be delivered by courier to the address specified by the Customer at the time of sending the online purchase order.

The indicative delivery times are shown in the Shipping section.

In accordance with the provisions of art. 61 of the Consumer Code, the delivery must in any case take place at the latest within 30 days from the conclusion of the contract.

The Products delivered will become the property of the Customer upon receipt, with consequent liability of the same in case of any loss or damage to the Products themselves from that moment on.

Therefore, the Customer is invited to refuse the package or to accept with reserve the delivery by the carrier if this proves to be tampered with or not intact at the time of delivery and to send timely communication to our customer service, by sending an email to customercare@abrahamindustries.it

If the Product(s) is not delivered to the Customer within 5 working days from the date of shipping, communicated by Abraham Industries to the Customer simultaneously, and it is not possible to trace the item's location, the Customer must inform Abraham Industries that delivery has not taken place by means of the Contacts page. Abraham Industries commits to guarantee a new shipment of the missing Product(s) within 2 business days following communication of such. In the event of the unavailability of said Product(s) or of force majeure, an order cancellation will follow immediately and the amount authorised for payment will be returned.




  1. RIGHT OF WITHDRAWAL

In accordance with current legal provisions, and, in particular, in accordance with art. 52 of the Italian Consumer Protection Code, the Customer has the right to withdraw from the purchase within 14 calendar days from the date the Product(s) is received; he/she will then be reimbursed for the cost of the returned items in question after exercising such right.

Should the Customer decide to use a courier different from the one selected by the Seller and to independently return the Products in case of cancellation, he/she must directly bear the cost of returning the Products to the Seller.

Irrespective of the means of cancellation selected by the Customer, the Product must be returned intact and unused, along with the original packaging and any accessories, in the same condition in which it was received, within and not beyond 14 calendar days from the day the cancellation of purchase was communicated.

In particular, the Customer must ensure that:

- the Product has not been used or been damaged whilst being tried on;

- the Product is not dirty and has not been washed;

- the Product has all movable accents, labels and original finishes;

- the Product has not undergone changes of any type.

If the return does not satisfy the conditions laid out above, or if the Products returned by the Customer are damaged, incomplete, deteriorated and/or dirty, reimbursement will not be provided and they will be returned to the Customer, who shall bear the courier fees for the return.

To exercise this right of cancellation, the Customer must register the return request using the dedicated form.

The Customer will be informed through email whether the return was accepted or rejected.




  1. E-COMMERCE RETURN

The Customer wishing to exercise this right shall access the RETURNS section and follow the instructions.

The Product to be returned shall be handed over to the designated courier as indicated in the return instructions.

Return shipping documents will be sent by email within 3 working days after registration of the return request.

During the holidays, the delivery times for the return documentation may be delayed.

In case of non-receipt of the return documentation within 7 days, the Customer must inform the Seller by email to customercare@abrahamindustries.it indicating the order number.

Specifically, if the Customer intends to avail of the courier engaged by the Seller to return the Products, such Products will be delivered to the courier engaged by the Seller at the location where the Products were delivered by the Seller at the time of sale. Once the Customer has received the e-mail of collection by the courier, he/she may agree on a different pick-up location, provided that it is in the same Country, by contacting the courier's customer service. 

If the Customer wishes to use return methods other than those offered by the Seller or wishes to independently arrange for the delivery of the Products to the Seller, he/she must bear all relative costs and fees directly.




  1. REIMBURSEMENT IN CASE OF WITHDRAWAL OR ISSUING OF VOUCHER

In case the right to termination is exercised according to the methods and terms and in accordance with these General Terms and Conditions, the Customer has the option to either select a reimbursement for the amount paid, or he/she may opt for a voucher for the same amount which can be used in accordance with the terms and conditions set out in this article. 

If the amount paid is reimbursed, the Seller's agents shall ensure that the Product has not been used or damaged. 

The Customer will then receive a confirmation email concerning the return’s status; Abraham Industries shall credit the corresponding amount paid for the returned Product(s) by means of the payment method selected at the time of purchase and within 14 calendar days from receipt of the item(s). 

If the amount reimbursed is incorrect, the Customer must contact Customer Service to quickly resolve the problem. 

If a voucher is requested, such voucher will be sent via email to the address indicated by the Customer within 14 calendar days from the receipt of the item(s). The voucher must be used in one online shopping session within 3 months.




  1. FAIR USE

Where we suspect fraudulent activity, including, for example, claims relating to orders not being received and missing items or in the event of a high volume of returns or even returns of used items, we may decide to retain a refund and desable the relevant account and any accounts associated with it.




  1. UNORDERED OR DAMAGED ITEMS OR ITEMS WHICH DO NOT MATCH ORDER SPECIFICATIONS

We wish to inform the Customer that the Seller subjects its garments and Product packaging materials to strict quality controls, guaranteeing that they are sold in perfect condition. Furthermore, to provide additional protections to distance shoppers, every single garment shipped by the Seller is checked before shipping. 

If the colour or size of the garment received does not match the expected selected upon purchase, the Customer may return it according to the terms of the cancellation period (14 calendar days from Product delivery to communicate the request for cancellation and 14 calendar days following such communication to deliver the return to the courier), following the return procedure. If the Product is damaged or was not ordered by the Customer, it may be returned immediately following the procedures. The costs of return shipping shall be borne entirely by Abraham Industries.  

If there is evidence that the package was tampered with or was not intact upon delivery, and that, consequently, the Product was damaged during transport, the Customer must refuse the package or accept it under reserve. Abraham Industries shall provide reimbursement for a Product that was damaged during shipping by the courier, provided that the Customer has communicated such damage in writing to customercare@abrahamindustries.it within the 48 (forty-eight) hours following the refusal of the package or its acceptance under reserve.

If even one of the conditions set out above is not observed, Abraham Industries shall not credit the amount paid, nor shall it replace the Product, which, in this case, will be immediately made available to the Customer to be picked up, at his/her cost. In this case, Abraham Industries shall communicate such refusal via email and shall indicate the location where it may be picked up.

Lastly, in no case can tailoring requests for purchased garments be honoured.

Similarly, Abraham Industries shall not provide reimbursement for costs borne by the Customer for tailoring adjustments and/or changes to purchased garments, which, therefore, shall be borne exclusively by the Customer.

In cases of defective products, the Customer is always and, in any case, invited to contact Customer Assistance as soon as possible, within the Product’s return period, in order to discuss any arrangements.




  1. CONFORMITY – GUARANTEE

As regards conformity guarantees for purchased Products, in addition to the provisions of these T&Cs, legal guarantees are also applicable to the sale of Abraham Industries’ Products. Reference is made to articles 129, 130 and 132 of the Italian Consumer Protection Code concerning the Customer’s rights in relation to Abraham Industries in case of Product non-conformity and how such rights are to be exercised.




  1. COMPLAINTS, COMMUNICATION AND INFORMATION

For any information or complaint, or for any communication concerning the General Terms and Conditions, orders and/or Circus Hotel Products, for correspondence the Customer may contact Customer Service via customercare@abrahamindustries.it .

Alternatively, the Customer may contact Customer Service via email by the appropriate form online.

Should the Customer decide to use a channel or form of communication (by way of example: ordinary post, fax or a reverse charge call to Abraham Industries) other than those described in the foregoing, Abraham Industries shall not be bound in any case to reimburse any relative costs borne by the Customer.




  1. FORCE MAJEURE

Abraham Industries’ execution of the services may only be suspended in case of unforeseeable circumstances or force majeure, including acts of nature which prevent or delay execution. By way of example and by no way of limitation, war, uprisings, riots, strikes and Abraham Industries’ supply problems ascribable to third parties are considered such events. Abraham Industries shall inform the Customer in case of unforeseen circumstances or force majeure within 7 (seven) days from the occurrence of such events. Should the execution of services be suspended for more than 15 days, the Customer shall have the option to cancel his/her purchase and will be reimbursed for any amounts that have already been paid.




  1. APPLICABLE LAW AND COMPETENT COURT

These General Terms and Conditions are governed by Italian law. In case of disputes arising from the interpretation, validity and/or execution of these General Terms and Conditions, the compulsory territorial jurisdiction falls to the judge of the Customer's domicile or place of residence.




  1. PROCESSING OF PERSONAL DATA

Abraham Industries uses the personal data supplied by the Customer to sell the Products and services necessary to operate and make use of the Site, as well as to execute the contract between the parties, in accordance with current law concerning the protection of personal data. For any information on the methods Abraham Industries uses to collect and process personal data, the Customer may reference the Site’s Privacy Policy. 




  1. LIMITED LIABILITY AND LICENCE FOR SITE USE

Abraham Industries provides this Site as-is, when it is available. Abraham Industries makes no explicit or implicit guarantees of the Site’s operational status and/or contents, materials, information or products included on the Site. Furthermore, access to the Site may be occasionally suspended or temporarily limited in order to allow for necessary maintenance, repairs or updates with new services and Products. Abraham Industries shall attempt to limit the frequency and duration of such suspension and/or limitations.

Despite periodic checks of the Site, Abraham Industries does not guarantee that this Site, its servers or emails do not contain viruses or other elements that are potentially dangerous for users’ and/or Customers’ computers. By visiting the Site, the Customer accepts that he/she is using it at his/her own risk. Despite periodic checks of the content contained in the websites linked by the Site or which may be reached through the Site, Abraham Industries does not assume any liability concerning the contents of said sites.

Abraham Industries cannot be held liable for damages of any type arising from the use of this Site.

Abraham Industries grants limited access and personal use of this Site and shall not permit for it to be downloaded or modified, even partially, without its explicit written consent. Such licence does not include any use of the contents of this site for commercial purposes; specifically, it is not possible to use our product catalogues, descriptions, or other materials. It is not possible to use the information on this Site for the benefit of other retailers; it is not possible to use data mining systems, robots, or software which permit the downloading and/or extraction of the contents of our pages. It is not possible to include our pages within frames, so that other trademarks may be connected to our own. The contents of this Site are published for the sole purpose of purchasing the Products published therein.




  1. FINAL PROVISIONS

The provisions set out in the General Terms and Conditions are applicable within the limits of national consumer protection law.

Abraham Industries’ mere tolerance or failure to challenge any Customer non-compliance with the provisions of the General Terms and Conditions cannot be interpreted as tacit acceptance of such non-compliance, nor as a desire to deviate from the provisions agreed upon between the parties.

Should one or more clauses of these General Terms and Conditions be rendered partially or completely null or void, this shall not imply the nullification of the others, which must be considered fully valid between the parties.

For anything else for which explicit provision is not made in these General Terms and Conditions, reference is made to current laws in effect at the time in which the individual sales contracts are executed, where compatible.