Terms of Use
Last updated: 02/24/2022
INTRODUCTION.
This website, accessible at the URL www.cancellatouniform.com (hereinafter, the “Site”), is the exclusive property of Cancellato S.r.l., Società Benefit & Innovative Startup, with registered office in Milan, via Premuda no. 46, Tax Code and VAT number 11746840963.
Access, use, and navigation of its pages automatically imply the status of User and entail full acceptance of these Terms of Use (contractual terms of use of the Site), as well as the General Service Conditions, the Privacy Policy, the Cookie Policy and any other notes, legal notices, information, or disclaimers published anywhere on the Site, all of which are legally binding for Site visitors under Italian law.
In any case, this Site is not intended for individuals under the age of 18.
The User who does not wish to accept one or more of the Terms of Use below is invited to immediately stop visiting the Site.
The User agrees to use the Site and any data, information, materials available within it solely for lawful purposes, in compliance with these Terms of Use, remaining solely responsible for any unlawful use of the content and/or violation of any law.
Terms and Conditions of Sale
PREAMBLE
The offer and sale of products on this website owned by Cancellato S.r.l., Società Benefit & StartUp Innovativa (hereinafter also referred to as the “Seller”), accessible at the URL www.cancellatouniform.com (hereinafter, “Website”), are governed by these Terms and Conditions of Sale.
These Terms and Conditions of Sale regulate only the submission of purchase order proposals for products available on the Website by the User and their acceptance by the Seller. Therefore, they do not cover the provision of services or the sale of products by parties other than the Seller, even if they may be present on the site or accessible, for example, through links, banners, or other types of connections. The Seller is not responsible for the provision of services or the sale of products by these third parties.
COMMERCIAL POLICY
The clothing items offered on the Website (hereinafter, “Products”) are produced directly by Cancellato S.r.l., Società Benefit & StartUp Innovativa, with its registered office in Milan, via Premuda no. 46, Tax ID and VAT number 11746840963, REA number MI2622417.
All order proposals and returns made on the Website must correspond to normal consumer needs, both concerning the number of Products purchased in a single order and in the case of multiple orders related to the same Product, even if each order quantitatively corresponds to normal consumer needs. Orders made by the User for the purpose of resale are prohibited.
In any case, Cancellato S.r.l., Società Benefit & StartUp Innovativa will not accept proposals that do not comply with these Terms and Conditions of Sale and the Terms of Use, notifying the User of the non-acceptance of the order proposal.
CUSTOMER REQUIREMENTS
To place orders on the Website and acquire the status of Customer, the User declares to possess the following minimum mandatory requirements:
ORDER AND PURCHASE PROCEDURE
Ordering and purchasing Products on the Website can only occur after free registration of an account on the Website, the procedure of which is detailed in point 6 of the Terms of Use.
To place an order, select the Product individually (including color and size) and add it to the cart. The cart represents a virtual position of the User where selected Products are stored and ready for payment.
The User can add Products to the cart and find them when reopening the browser session, thanks to cookies (for information on cookies, refer to the Cookie Policy). When the Product selection is complete, the User must review the cart for a summary and check it by clicking on the cart icon displayed in the menu on every page of the Website.
The cart always indicates the total amount to be paid, including taxes, such as VAT. If the User specifies a delivery destination outside the European Union during the ordering process, the total price (indicated as “Total” on the “Checkout” page) will be updated without VAT.
If the Products in the cart are indeed those desired, after the User’s review, they must click “Checkout” on the cart page. “Checkout” represents the virtual display of the Seller’s store cash register.
If the Customer has not yet logged in as a registered User, they must first log in to their registered account or register on the Website and then log in to their newly registered account to finalize the order and purchase.
Checkout is divided into three main steps:
By clicking on the boxes corresponding to “I have read and fully accept the Terms of Use and the Privacy Policy” and “By submitting the order proposal, I fully accept the Terms and Conditions of Sale” and then clicking on “Pay now,” the User completes the order submission procedure to the Seller. Without acceptance of the Terms of Use, Privacy Policy, and Terms and Conditions of Sale, as indicated in the previous point, it is not possible to submit the order to the Seller.
CONTRACT CONCLUSION
Pursuant to Legislative Decree no. 70 of April 9, 2003, the Seller provides the following information. For the purpose of concluding the sales contract, the User (hereinafter also referred to as “Customer”) must send, via the Website, an order proposal by completing the appropriate form on the “Checkout” pages and clicking on “Pay now.”
Before submitting the order proposal, the Customer can access – by clicking on the appropriate button on the “Checkout” page – their PayPal account or Apple Pay (for which the Seller is not liable for any malfunction or damage potentially caused to the Customer), and in any case is encouraged to verify and correct any input errors.
Submitting the order proposal requires and implies the Customer’s full knowledge and acceptance of these Terms and Conditions of Sale, which are suggested to be printed and kept, and constitutes a binding contractual offer by the Customer.
Upon receipt of the order proposal, the Seller will send the Customer an automatic email confirming receipt of the Customer’s order proposal, which in no way constitutes acceptance of the Customer’s order proposal, containing:
Upon receipt of the Customer’s order proposal, Cancellato S.r.l., Società Benefit & StartUp Innovativa reserves the right to confirm the availability of the ordered Products and verify the details of previous transactions made by the Customer on the Website. If it is not possible to produce the ordered Products, the Seller will immediately notify the Customer via email, and the contract will not be concluded.
The contract is considered concluded only when the Customer receives a subsequent email from the Seller accepting the order proposal, confirming the production of the ordered Products and their subsequent shipment. The contract will therefore include only the Products indicated in this order acceptance email.
Upon conclusion of the contract, the expected price will be charged to the Customer’s account in relation to the chosen payment method.
There is no commitment between the Customer and the Seller, and therefore no contract can be considered concluded until the Seller has sent the Customer the email accepting the order proposal.
The order acceptance email will also contain a summary of:
At the time of shipment, the Customer will receive an additional email containing the assigned courier and the shipment tracking number.
The order proposal, and the subsequent contract eventually concluded, will be stored in the Seller’s database for the time necessary to execute the contract and, in any case, within the terms provided by law. The Customer can access data related to their order, and thus the concluded contract, by accessing their personal account.
There is no commitment between the Customer and the Seller, and therefore no contract can be considered concluded in cases where evident and recognizable errors or inaccuracies (e.g., Customer data errors or inaccuracies, Product identification and/or selection errors, quantity or price errors) occur in the order submission procedure, for reasons attributable to both the Customer and the Seller, and even for reasons not attributable to either.
The purchase contract is subject to the resolutory condition of the Customer’s non-payment of the price, such that if the Customer fails to pay the due price, the contract will be considered automatically resolved. The Customer will be immediately notified of this resolution and consequent order cancellation via email from the Seller.
In any case, if for any reason the contract is not concluded but has already generated payment from the Customer, the Seller will refund the amount already paid by the Customer through the same channel used for the payment. In the case of payment upon delivery, the refund must necessarily be made by bank transfer, after contacting the Customer.
PRODUCTS, PRICES, AND AVAILABILITY
The Products sold on the Website are the items present in the electronic catalog published on the Website itself and displayed by the User at the time of submitting the order proposal.
Each Product is described in detail on its dedicated information page, which will also specify the color and size to be selected, as well as the price.
Product prices are shown in Euros and include taxes (VAT), where applicable. Delivery charges, which may vary depending on the chosen delivery method and/or payment method, will be specifically indicated (in Euros, including taxes, where applicable) during the purchase process, before the Customer submits the order proposal, in the order receipt confirmation (“Order Receipt Confirmation”), and in the order acceptance email.
Product prices may be subject to updates, with the Seller reserving the right to modify them at any time. The User is therefore invited to check Product prices before submitting the order proposal. In any case, the Product price will be the one indicated in the order summary, displayed by the Customer before submitting the order proposal, and included in the relevant receipt, disregarding any changes made after the order submission.
If the ordered Product is no longer available, the Seller will immediately notify the Customer via email, and the contract will include only other ordered and available Products, or, if not available, no contract will be concluded.
WARRANTY
The Products, high-quality clothing directly produced by the Seller, are guaranteed by Cancellato S.r.l., Società Benefit & StartUp Innovativa.
The Products offered on the Website are of quality equivalent to the corresponding market standards. They are not used, irregular, or vintage, but made directly upon request by the Customer, after selecting the color and size. However, the fashion and accessories industry is constantly evolving and proposes treatments on items that may be inconsistent with the quality according to the Customer’s judgment standards. For this reason, each Product description on the Website will specify the presentation conditions of the item offered if they differ from the market standards. The Customer is therefore always invited to review the Product description or contact customer service by writing to: cu@universocancellato.com.
The images and colors of the Products sold on the Website may not correspond to the actual ones due to the Internet browser and the User’s device screen. The Seller declines all responsibility for the possibility that the colors of the Products may present slight differences from the actual ones due to a particular configuration or malfunction of the device, browser, or screen used by the User, or due to limitations related to the web data standardization, which may reduce the weight and information of images reproduced in a “color space” often reduced compared to the visual spectrum of the human eye.
The Products sold on the Website to consumer Customers are covered by a twenty-four (24) month legal warranty for defects of conformity, as provided by law. The Product’s conformity defect must be reported to the Seller within two (2) months of its discovery, by registered mail, certified email, or by contacting customer service (writing to: cu@universocancellato.com). A Customer who is not a consumer, as defined by law, must report the defects to the Seller within eight (8) days of their discovery, as provided by Article 1495 of the Civil Code.
For Product returns, refer to point 11 of these Terms and Conditions of Sale.
PAYMENT METHODS
To pay for the price of the products (including taxes, if applicable) and the related shipping and delivery costs, the Customer can choose one of the following methods, as indicated on the “Checkout” page: Credit Card; PayPal circuit, Apple Pay. In no case will charges be higher than those actually incurred by the Seller concerning the selected payment method. The Seller reserves the right to suspend, without notice or justification, one or more of the listed payment methods.
The Customer is required to follow the following payment procedures to purchase the ordered Products, depending on the chosen payment method.
In the case of payment by Credit Card, the Customer can use the secure remote electronic payment system offered by Shopify, which accepts the most common credit cards, adhering to Visa/Visa Electron, MasterCard, American Express circuits. By adopting this payment system, payment-related information is encrypted by SSL (Secure Socket Layer) protocol. Shopify protects the Customer’s data, as no financial information is passed to the Seller, which does not store, retain, or access the financial and personal data provided during the transaction. For more information, the Customer is invited to consult the Shopify website.
In case of payment via PayPal circuit, the Customer will be redirected to the PayPal website. Payment will be sent to the email address info@universocancellato.com, according to the procedure provided and governed by PayPal and the contractual terms and conditions agreed upon with PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller, who, therefore, cannot know or store in any way the Customer’s Credit Card data (if connected to their PayPal account) or any other payment instrument data associated with their PayPal account.
In case of payment through a PayPal money request, the automatic order receipt confirmation email will ask the Customer to provide the email address corresponding to their PayPal account, to which the Seller must formalize the money request for goods sale. Once the Customer provides this email address, the Seller will formalize this request directly through the PayPal platform, so the Customer can proceed with the payment through this circuit. The Customer guarantees that the email address corresponding to the PayPal account belongs to them and that the shipping address indicated on this platform refers to them, releasing the Seller from any liability arising from incorrect information communicated by the Customer or reported on the PayPal platform.
In case of payment through Apple Pay circuit, the Customer with an Apple ID account, containing valid credit, debit, or prepaid cards, can use the secure remote electronic payment system offered by Apple Inc. The Website will automatically recognize the presence of an Apple ID account stored on the device through which the Customer visits the site and will present the “Apple Pay” button. Payment is then managed through the integration of the Website with Apple Inc.’s operating system, without the need for the Customer to enter billing and credit card details. For more information on Apple Pay, the Customer is invited to visit the official page: www.apple.com/it/apple-pay.
In all cases, the purchase price of the Products and the related shipping costs will be charged to the Customer’s account (concerning the selected payment method) when the Seller sends the Customer the acceptance of their order proposal and, therefore, when the contract is concluded.
DISCOUNT COUPON CODES
The Seller may offer Discount Coupon Codes to Users registered on the Website; these Discount Coupon Codes can only be applied to purchases made through the User account for which they were offered and registered, and they are strictly personal and non-transferable.
Discount Coupon Codes may have various origins and are generated without prior notice and will always be communicated individually to the interested Users.
Discount Coupon Codes may not be combinable: the Seller will specify if and when only one per order can be used.
Using a Discount Coupon Code may be subject to a maximum spending limit, which the Seller will indicate if established.
Certain brands may be excluded from certain promotions, so it will not be possible to use the Discount Coupon Code for ordering related Products.
A Discount Coupon Code cannot be applied to orders already processed (i.e., submitted to the Seller’s system).
If the User has a Discount Coupon Code, they must enter it in the appropriate space that appears at the final stage of the Checkout process: the total final price will then be automatically updated.
Discount Coupon Codes can represent discounts, promotions, or initiatives that can be applied in various ways: for example, it may be a discount defined in a precise monetary value, or a percentage discount on the purchase, or even a discount applied only on the second Product eventually ordered.
The specific terms of use governing Discount Coupon Codes will be specified when they are issued.
PRODUCT SHIPPING AND DUTIES
The delivery of Products is chargeable, and unless otherwise specified, delivery costs are borne by the Customer.
The amount of delivery costs for a specific order and delivery times are expressly and separately indicated (the cost in Euros and inclusive of taxes, where applicable) during the purchase process and in the order summary before the Customer submits the order proposal. In any case, shipping times may vary depending on Product availability, and any estimates are indicative and limited to Italian territory.
The Seller ships ordered Products with the service provided by contracted couriers, who track all shipments, both in Italy and worldwide. Upon shipment, the Customer will be provided with a shipment tracking number, so they can follow the progress of their order shipment.
In any case, for shipments outside the European Union, the shipping service is of the Delivery Duties Unpaid (DDU) type, meaning that customs duties, import taxes, and local taxes are always borne by the Customer recipient.
Couriers deliver from Monday to Friday, during business hours. If delivery fails due to the unavailability of the recipient and/or the inability to locate the recipient’s address due to Customer negligence, the order will be returned to the Seller’s warehouse, and the sales contract may be considered automatically terminated, pursuant to and for the purposes of Article 1456 of the Civil Code. Therefore, the Seller will refund any price already paid by the Customer, minus the costs of the unsuccessful delivery, storage costs, return costs to the Seller, and any other expenses incurred by the Seller due to the failed delivery caused by the recipient’s absence, without prejudice to further damage compensation. The contract termination and the refund amount will be communicated to the Customer by email.
If it is not possible to use an express courier, the Seller may ship through national and international postal services, indicating a shipment code to the Customer without guaranteeing traceability. The Customer is invited to contact the Seller for any further information on delivery times by emailing cu@universocancellato.com.
If order proposals are received for delivery to areas not covered by a regular shipping service, the Seller reserves the right not to accept the order proposal.
The shipping of Products takes place exclusively and strictly after payment receipt.
Customers residing in countries outside the European Union are exempt from VAT and will not receive a charge for it. Currently, the countries that are part of the European Union are: Austria, Belgium, Bulgaria, Cyprus, Czechoslovakia, Croatia, Denmark, Estonia, Finland, France, Germany, Great Britain, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.
The Customer is required to report any particular characteristics relating to the place of delivery of the Product and/or its location. If such indications are not provided or are incorrect, any additional expenses that the Seller must incur to complete the Product delivery will be exclusively borne by the Customer.
When the Customer receives the ordered Products, they must carefully check the package before signing for receipt of the shipment.
If the package appears damaged or if the adhesive tape is tampered with, the Customer is required to sign the receipt “with reservation of inspection,” specifying the reason for the reservation (e.g., “package punctured” or “package crushed”) or refuse delivery. Accepting the Products without reservations does not allow the Seller to accept any refund or compensation request from the Customer, nor to take legal action against the courier in case of Product loss or damage, unless the loss or damage is due to the courier’s intentional misconduct or gross negligence, except for partial loss or damage not recognizable at the time of delivery. In this latter case, however, the damage must be reported as soon as known and no later than eight days after receipt. In any case, the application of the right of withdrawal and the legal warranty of conformity remains.
If the delivery was accepted with an unauthorized signature or there are signs of tampering with the package, the Customer must immediately report the incident to the local courier office and contact the Seller by emailing cu@universocancellato.com.
Products are not subject to import taxes or customs duties if delivered in Italy or within the European Union.
In contrast, for deliveries to countries outside the European Union, the Products may be subject to import taxes and/or customs duties, depending on the type of product and the destination country, which cannot be anticipated. Therefore, for more information, the Customer is invited to contact their country’s customs office. In any case, any costs related to import taxes and/or customs duties are entirely and exclusively borne by the Customer.
10. RIGHT OF WITHDRAWAL
In accordance with Article 52 of the Consumer Code, the consumer Customer has the right to withdraw from the contract concluded with the Seller, without any penalty and without specifying the reason, within 14 (fourteen) days from the delivery of the Products purchased on the Website.
The right of withdrawal is properly exercised within the withdrawal period provided for in Article 52, paragraph 2, and Article 53 of the Consumer Code if the Customer’s communication regarding the exercise of the right of withdrawal is sent before the withdrawal period expires.
Pursuant to Article 54 of the Consumer Code, the consumer Customer can withdraw from the contract concluded with the Seller by sending the latter, by mail or email to the above addresses, an explicit declaration of withdrawal from the contract, possibly using the standard form in Annex 1, letter B of the Consumer Code.
Upon receipt of the withdrawal declaration, the Seller will immediately communicate to the Customer, via email, a confirmation of receipt of the exercised withdrawal, which will be followed by a further email of acceptance or rejection of the withdrawal, depending on whether the methods and terms of exercise of this right, as indicated below, have been met.
Pursuant to Article 57 of the Consumer Code, once the right of withdrawal has been exercised from the contract, the consumer Customer is required to return the Products, shipping them to the Seller or delivering them to a physical store specifically indicated by the Seller, without undue delay and in any case within 14 (fourteen) days from the date on which they informed the Seller of their decision to withdraw from the contract. The deadline is met if the Customer sends back the Products before the 14 (fourteen) day period expires. The costs of returning the Products to the Seller are entirely borne by the Customer, as well as the responsibility in case of loss or damage of the Products during transport, which is due to a negligent choice of the courier in charge of the shipment and/or shipping methods. Therefore, it is suggested to use particularly reliable couriers and shipping methods with tracking.
In addition to the terms and methods described in the preceding points 10.1, 10.2, and 10.3, the right of withdrawal is correctly exercised if the following conditions are fully met:
Pursuant to Article 59 of the Consumer Code, the right of withdrawal is also excluded if the Customer has purchased Products made to measure or customized, or sealed Products that are not suitable to be returned for health protection or hygiene reasons and that have been unsealed after delivery.
If, upon proper verification by the Seller, the right of withdrawal has been exercised following the methods and terms indicated above, the Seller will send the Customer, via email, the acceptance of the withdrawal and of the Products thus returned and subsequently refund the price already paid, excluding any import taxes, customs duties, and any other amount not included in the sale price, as quickly as possible and, in any case, within 90 (ninety) days from the date on which the Seller became aware of the exercise of the right of withdrawal.
In case of a refund, the Customer can choose between two different methods, to be communicated to the Seller in response to the email confirming the exercised withdrawal:
If the Customer does not comply with the methods and terms for exercising the right of withdrawal outlined in points 10.2, 10.3, and 10.4, they will not be entitled to a refund of the amounts already paid to the Seller, who will communicate via email the non-acceptance of the return; in such cases, within 14 (fourteen) days from receiving the Seller’s email, the Customer can request to receive back the Products in the condition in which they were returned to the Seller at their own expense. If the Customer refuses, the Seller may retain the Products, in addition to the price already paid for their purchase.
In any case, the Seller cannot be held responsible for:
By exercising the right of withdrawal, the Customer is not entitled to any exchange (size, color, item, etc.) of Products.
RETURN OF NON-CONFORMING PRODUCTS
If the delivered Product, upon verification by the Seller, does not comply with the order or is defective, the consumer Customer is entitled to request the repair or replacement of the Product, or, where these remedies are not possible or are excessively burdensome, they are entitled to a reduction in the price paid or termination of the sales contract, pursuant to Article 130 of the Consumer Code.
A Customer who is not a consumer, as defined by law, must report the defects to the Seller within eight days of their discovery, as provided by Article 1495 of the Civil Code, and can choose, pursuant to Article 1492 of the Civil Code, between contract termination or price reduction, except where custom excludes termination. Furthermore, the Seller explicitly grants the non-consumer Customer the right to request the repair or replacement of the Product.
To request the repair or replacement of a non-conforming Product, the Customer must return the Product by making a formal request to cu@universocancellato.com detailing the non-conformity. Upon receipt of the Customer’s request, the Seller will respond by email, specifying where and how the Product can be shipped or delivered to the Seller and that the Product itself must undergo careful evaluation.
The return will be at the Customer’s expense, including any import tax and/or customs duty costs.
The Seller reserves the right to request photographic evidence before authorizing the return of defective Products.
Upon receiving the returned Product, the Seller will verify the existence of the defect or damage reported and that the damage is not attributable to the Customer or the normal and correct use of the Product. Legal warranty remedies exclude so-called subsequent defects, i.e., defects due, for example, to Product use or improper or poor maintenance.
In case of defects, damages, or faults attributable to the Customer or normal Product use, the Seller will notify the Customer by email of the reasons for not applying the legal warranty remedies and the procedure for retrieving the returned Product, with costs entirely borne by the Customer. In this case, the Customer must reimburse the Seller for the costs incurred for the Product return (verification and transport).
Except in cases of defective and/or non-conforming Products, the Seller does not accept any exchange (size, color, item, etc.) of already purchased Products.
12. PROCESSING OF PERSONAL DATA
The personal data of Users/Customers will be processed as described in the Privacy Policy. For any further information regarding personal data processing, please contact the Seller at info@universocancellato.com.
13. APPLICABLE LAW AND JURISDICTION
Notwithstanding the application of mandatory rules for consumer protection (if the Customer is a consumer), these Terms and Conditions of Sale are governed by Italian law, specifically the Civil Code, the Consumer Code (for consumer Customers), and Legislative Decree no. 70 of April 9, 2003.
In case of disputes between the Seller and each consumer User/Customer arising from the Terms and Conditions of Sale, it is informed that the European Commission provides a platform for alternative out-of-court dispute resolution, accessible at http://ec.europa.eu/odr.
For all disputes related to the purchase of Products on the Website and/or these Terms and Conditions of Sale, the court of the Customer’s domicile or residence will have jurisdiction, in accordance with applicable law or, at the consumer’s choice, the Court of Milan.
14. AMENDMENT OF THE TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale may be amended unilaterally by the Seller at any time and are deemed effective from the date of publication on the Website.
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