Terms and conditions of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

In General

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website also contains links to other websites, which are not operated by CASABENTO®  (the "Linked Sites"). CASABENTO®  has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Terms of use

The following legal restrictions and terms of use ensure your rights as a consumer and protect our commercial rights for the usage of this site.

By using this site, you signify your consent to these terms of use:

1.       You may only use the website to make legitimate enquiries or orders.

2.       You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made we shall be entitled to cancel the order and inform the relevant authorities.

3.       You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.

4.       If you do not give us all of the information that we need, we may not be able to complete your order.

By placing an order through the website, you warrant that you are legally capable of entering into binding contracts.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. CASABENTO®  will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

CASABENTO® is a registered trademark.

 The intellectual property rights in all software and content made available to you on or through this Website remains the property of CASABENTO® or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by CASABENTO®  and its licensors.

 The intellectual property rights are defined on the Legal Notice page. The Legal Notice page is entirely part of the Terms and Conditions of sale.

Products commercialized on the site and availability

By placing an order you are offering to purchase a product on and subject to the following

terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to postal companies and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

 When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

 All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value, which you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.

 We cannot guarantee that the product colours represented on our site are exactly the same on the actual products as colours might vary according to the type of computer monitors used to view the products.

Orders

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.

To place an order, you will be required to follow the shopping process online and press the "Authorise payment" button to submit the order. After this you will receive an e-mail from us acknowledging that we have received your order (the "Acknowledgement of Receipt" ). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the Order Confirmation). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Order Confirmation.

The Contract will relate only to those products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other products, which may have been part of your order until the dispatch of such products has been confirmed in a separate Order Confirmation.

Refusal

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavors to authorise payments submitted to us, there may be exceptional circumstances, which mean that we may need to refuse to process or accept an order after we have received it, or sent you an Acknowledgement of Receipt, which we reserve the right to do at any time, at our sole discretion.

We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Acknowledgement of Receipt.

Returns and your rights to cancel

If you are contracting as a consumer, you may cancel a Contract at any time within 14 days, beginning on the day you receive the products.  In this case, you will receive a full refund of the price paid for the products but the shipping fees will not be refunded. You will be responsible for the cost of returning the product to us in this manner. If you return the goods to us at our expense, we will be entitled to charge you for the direct cost we incur as a result.

Products that cannot be reused once the packaging is opened cannot be returned. In case of doubt for product returns, please contact the customer service department.

You should try to include all of the products´ instructions, documents and wrappings when returning the products to us.

You should be aware that you are under a statutory duty to take reasonable care of the products whilst they are in your possession. If you fail to exercise such reasonable care, we may, depending on the circumstances, have a right of action against you for breach of statutory duty. Failure to exercise such reasonable care may, depending on the circumstances, be demonstrated by your failure to include all of the product’s instructions, documents and wrappings when returning the product to us, the product being damaged or not in the same condition as you received it or (in the case of clothing or accessories) having been worn (other than for simply trying out the product).

 We will process your refund as soon as possible (and in any case, within 30 days of the day that you have given us notice of cancellation). We will always refund any money received from you to the credit card originally used by you to pay for your purchase. However, you will be responsible for the cost and risk of returning the item to us, as outlined above.

 Please take reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return or collection of the products.

Defective product returns

In circumstances where you consider that the product does not conform to the Contract at the time of delivery, you should promptly contact us via our web form with details of the product and its damage.

You should return the product to us at the address indicated by our Returns or Customer Service department.

We will fully examine the returned product and will notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We will usually process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement of the defective product.

Products returned by you because of a defect, where one exists, will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us. We will always refund any money received from you to the credit card originally used by you to pay for your purchase.

This does not affect your statutory rights.

Price and Payment

For France and for private individual customers from EU countries, the prices displayed on the site are inclusive of French VAT (TVA) and at the rate appropriate to within the EU. For deliveries outside of the EU and for EU businesses or companies (outside of France), TVA will not be charged. The prices advertised on our site therefore do not include French VAT for customers outside of the EU and for EU businesses or companies (outside of France).

The price of any products will be as stipulated on our site from time to time, except in cases of obvious error. While we try to ensure that all prices on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund.

We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Order Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as incorrect price.

Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you a Order Confirmation.

We accept payment by most major Credit Cards or PayPal.

We do not accept bank checks.

Delivery

Please see our Delivery Page.

Your order should be processed within 72 hours of the date of the Acknowledgment of Receipt of payment, unless there are exceptional circumstances.

We will endeavour to fulfil your order for product(s) listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, then within 30 days of the date of the Acknowledgment of Receipt, unless there are exceptional circumstances.

Disruptions in Service by Force Majeure

We will not be held responsible for delivery delays in these exceptional circumstances including but not limited to:

  • Natural disasters (earthquakes, hurricanes, floods) fire, arson, epidemics

  • Wars, riots, terrorist attacks or other major upheaval

  • Performance failures of parties outside the control of the contracting party (e.g., disruptions in telephone service attributable to the telephone company or labor actions by employees of a common carrier)

  • Performance failures of postal or maritime services

  • Government sanction, blockage, embargo

  • Labor strikes, industrial blockages

  • Postal, transportation or maritime strikes

In case of Force Majeure, our contract for delivery will be suspended till the Force Majeure is over. We will take reasonable steps to avoid or minimize delivery delays and find a solution but we will not be held responsible.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law CASABENTO® and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect CASABENTO® 's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with CASABENTO®  and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to CASABENTO®.

Indemnity

You agree to indemnify, defend and hold harmless CASABENTO® , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

CASABENTO®  shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Governing Law and Jurisdiction

These terms and conditions are to be construed in accordance with the laws of Singapore and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Singaporean courts.


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