Terms of sale

1. INTRODUCTION    

1.1. This document contains the General Conditions of Sale (hereinafter the "Conditions") governing the offer and sale of Products, as defined below, through the website “www.acavallo.com” (hereinafter the "Site"), owned by AMAHORSE GROUP S.p.A. based in San Giustino, Via Citernese 112, 06016, Perugia VAT number 02129200545, (hereinafter the "Supplier").   

1.2. Please read these Conditions, the cookies policy and the protection of personal data policy carefully before using this website. 

We inform you that the use of this website or the transmission of an order through it implies acceptance of these Conditions and other policies. 

These Conditions may be amended at any time; any new rules will be effective from their publication on the home page of the Site, in the related section, and, as a rule, they will apply to sales that will be made starting from their publication. 

The information or personal data that you provide will be processed on the basis of what is established in the processing of personal data policy on this website. By using our site, you authorize us to process such information and personal data and declare that all information and / or your personal data provided to us are accurate and truthful. 

  

 2. OUR DATA   

The sale of products through this site is managed by B2X S.r.l., with registered office in Rome, Via Coponia 8, 00131 Rome, VAT number 11020591001, registered in the Rome Company Register no. 1272364, certified e-mail address b2x@legalmail.it (hereinafter the "Seller"). 

These General Conditions of Sale apply to the offer of Products to consumers, as defined below, meaning that consumers are natural persons who act for purposes not related to any commercial or professional activity, as well as to the forwarding and acceptance of online purchase orders between the Seller and a consumer (so-called Business to Consumer or B2C commercial relationships). Therefore, the discipline contained in the legislative decree n. 206/2005 and subsequent amendments (so-called Consumer Code), and in the legislative decree n. 70/2003 and subsequent amendments, in the field of electronic commerce, will apply. 

 

3.DEFINITIONS   

In these Conditions, the following terms have the meanings specified below: 

1. Contract: sales contract concerning a Product, which is concluded between the consumer and the Seller through a sales system organized on the Site, to which these conditions apply. 

2. Client or You: the final consumer, i.e. the natural person who acts for purposes not related to any commercial or professional activity and authorized to operate on the Site in order to purchase the Products, according to the methods indicated in these General Conditions of Sale. 

3. Order Confirmation: final summary of the details relating to the Contract, sent to the Customer by e-mail once the payment has been made and the Seller has started preparing the order for shipment (as regulated by these General Conditions of Sale). The receipt of the Order Confirmation by the Customer constitutes the moment when the Contract is finalized. In detail, this document contains the list of Products actually purchased together with their main features, including Price. It will also contain all information relating to shipping data, costs and the shipping method requested. In addition, the total cost of the order (with and without VAT) and the main information relating to the payment made will be indicated. Finally, such document will contain references to the General Conditions of Sale, the General Terms of Use of the Site and the Seller's tax data (name, legal form, registered office, registration in the register of companies, tax code, VAT number and responsible person). 

4. Order Form: the form on the site for entering and registering the data of the Customer (who intends to conclude a Contract), that will be sent electronically to the Seller. 

5. Price: the contractual fee, including VAT. Shipping costs are NOT included in the Price and the related cost item is expressly indicated in the Order Form and will be summarized in the order confirmation. 

6. Product / s: the items included in the electronic catalog published on the Site, as described in the relevant product sheets. The equipment installation service, as well as the maintenance service, when foreseen and within the limits of how they are described in the catalog on the Site, are also considered Products. 

 

4. THE SERVICE  

4.1 The Seller's mission is to promote and sell the Supplier's Products to private individuals qualifying as consumers. In consideration of its commercial policy, the Seller reserves the right not to process orders from subjects that do not fall within the definition of Customer, or in any case to orders that do not comply with its commercial policy. 

4.2 The Products are shipped in the following way: - products stored in third party warehouses, without the direct custody of the Seller: in this case, after the conclusion of the sale the order is forwarded to the third party warehouse which will produce and ship it to the Customer (so-called Dropshipping mode). 

4.3 In the event of an IT, manual, technical, or any other type of error, not foreseen by the Seller, which could result in a substantial change in the Price, making it exorbitant or clearly derisory compared to the value of the Product, the Contract will be considered invalid, therefore canceled, and the amount paid will be refunded to you within 14 days from the day of cancellation, upon notice. 

4.4 The Seller reserves the right to verify and evaluate your correctness and good faith when you act as a Customer, especially in the case of using promotions or discount coupons. If your behavior is found to be unlawful and incorrect, the Seller will promptly notify you and will proceed with the cancellation of your order indicating the reasons. 

4.5 These General Conditions of Sale can be viewed at any time on the Site and you must expressly accept them in order to proceed with the conclusion of the Contract. 

4.6 In any case, before proceeding with the purchase of the Products by sending your data and making the payment, it is your obligation to carefully read the General Conditions of Sale and the General Terms of Use, as well as to print and / or store a copy for any future use, in compliance with the provisions of the Consumer Code. 

    

5. METHOD OF COMPLETING THE CONTRACT 

5.1 The purchase of a Product can also be done after registering on the Acavallo website, by entering your personal and contact details in the appropriate "NEW CUSTOMER" online form. 

Registering on the site will allow us to save your data and speed up the procedure for your future purchases. 

5.2 You will be solely responsible for the truthfulness and correctness of the data entered and communicated to the Seller when completing the Order Form. It is understood that any damage, delay or inconvenience derived from or attributable to the incorrectness or untruthfulness of the personal data entered during the purchase procedure, or in any case subsequently modified, can in no case be attributed to the Seller. 

5.3 The Order Form contains a reference to the General Conditions of Sale and a summary of the main information relating to each Product ordered. In particular, the price, the means of payment that can be used, the delivery methods and the related costs are explained. 

5.4 By submitting the Order Form, you unconditionally accept and undertake to observe these General Conditions of Sale in relations with the Seller. If you do not agree with some of the terms listed here, you will not be able to submit the Order Form for the purchase of Products on the Site. By sending the Order Form, you confirm that you also know and accept the additional information contained on the Site, therein including the processing of personal data policy. After sending the Order Form you will be sent an e-mail confirming receipt of the order. It will not result in the acceptance of your order as it constitutes an offer that you make towards us for the purchase of one or more products. 

5.5 The Contract is considered concluded when you receive the order confirmation e-mail informing you that it is being shipped ("Order Confirmation"). 

5.6 The Order Confirmation will be filed in the Seller's database. You can access the Order Confirmation by consulting the Personal Area> "My orders" section or, if you are not registered on the Site, in the Support Area, by entering the order code and the e-mail address used when completing the Order Form. 

5.7 The language for concluding the Contract is Italian and English. 

5.8 Website prices include VAT. 

5.9 Prices are subject to change at any time; however (except where established previously) the possible changes will not affect orders for which we have already sent an Order Confirmation. 

5.10 Any active promotions on the Site relating to specific Products will not be cumulative with each other, unless otherwise communicated by the Seller. 

5.11 Only purchase requests with shipping to Italy, rest of Europe and UK will be accepted by the Seller. 

5.12 In general, all the Products offered on the Site are immediately available except for specific cases expressly indicated. 

5.13 For real time forms of payment (e.g. credit card, paypal) the availability of the products is guaranteed for the time necessary to complete the transaction (60 minutes). However, the Seller cannot, under any circumstances, be held responsible for the temporary unavailability of one or more Products. 

5.14 In the event that you pay by credit card, if a Product is no longer available or out of sale after sending the Order Form, it will be the Seller's responsibility to notify you prior to the Order Confirmation. 

5.15 Your submission of the Order Form is also valid as acceptance of any partial delivery, limited to the Products available as part of those ordered, as well as a waiver of claiming any compensation for this reason. If you have already paid for the complete order, the Seller will refund you the part of the Price corresponding to the Products not available in the manner described below (see section "Refund times and procedures"). 

5.16 Once the order phase has been completed, the Seller will send you, to the e-mail address indicated in the Order Form, the notification of correct receipt of the Order Form, with a summary of the information contained in the form itself. This document is not intended as the "Order Confirmation", which will be sent later, upon actual shipment of the Products. 

5.17 On this site the “purchase as a guest user” function is also available. With this method of purchase, you will be asked for only those data that are essential to process your order as a user. 

 

6. PRICES AND PAYMENTS    

6.1 The price of the products will be the price indicated from time to time on our website, except where there is an obvious error. However we strive to do everything in our power to ensure that all prices appearing are correct, errors may occur. If we find errors in the price of the products you have ordered, we will inform you as soon as possible and we will give you the option of reconfirming your order at the right amount or canceling it. If we are unable to contact you, the order will be canceled and the full amount paid will be refunded. 

6.2. We will not be obliged to supply you with the products at the lower price incorrectly indicated (even if we had already given you the order confirmation) if the error in the price was obvious and unambiguous and therefore if it was possible for you to recognize it. 

6.3. The website prices include VAT, but exclude shipping costs, which are to be added to the total amount to be paid, as indicated in the Order Form and as summarized in the Order Confirmation. 

6.4. Prices are subject to change at any time; however (except where established previously) the possible changes will not affect the orders for which we have already sent the Order Confirmation. 

6.5 The Seller will only accept payments in Euro currency. 

6.6 You can pay with Visa, Mastercard and PayPal credit cards. In case of payment by credit card, the entire payment procedure will be managed, in absolute safety, by Worline SA, while the Seller will not come into possession of any information relating to the complete number of the credit / debit card or the security code, or similar. 

6.7 The charge on your credit card or via PayPal will take place during the Order Confirmation phase. 

Credit cards will be subject to verification and authorization by the issuer of the same, but if this entity does not authorize the payment, we will not be responsible for any delay or non-delivery and we will not be able to conclude any contract with you. 

6.8 For all the orders shipped in Italy it is possible to pay on delivery by selecting “cash on delivery” among the payment methods. The payment can be made only by cash to the Courier. The Courier is not authorized to give change. Therefore the exact order amount must be paid. Cash on delivery provides for a €3.50 additional fee that will be summarized in the order confirmation. In case of return of a product that was paid by cash on delivery, the seller will proceed with the refund by bank transfer to the IBAN indicated by the Customer.

The additional fee paid for the cash on delivery service will not be refunded.

6.9 Pursuant to the provisions of Italian Legislative Decree no. 26 of 7 March 2023, the prices published on the site have not been customized on the basis of automated decisions. Thus, the prices displayed on the site are not influenced by previous consumer behaviors.

6.10 In the event of a price reduction, the site displays the lowest price applied to consumers in the 30 days preceding the application of the price reduction. In case of products that have been launched on the market for less than 30 days, the time period to which the previous price refers is indicated. This clause does not apply to "launch prices", characterized by subsequent price increase announcements. 

 

7. ORDER CANCELLATION   

7.1. Without prejudice to the provisions on withdrawal, it is possible to cancel orders not yet processed (marked with the status "in progress" or "awaiting payment") by contacting the Customer Service at the addresses contained in the Contact area. 

7.2 It is not possible to cancel an order once the Order Confirmation has been received, therefore once the shipment has been processed. 

7.3 In the event that, at the time of canceling an order, the corresponding payment has already been made, it will be necessary to contact the Customer Service to request a refund (as described in the "Returns” and “Refunds" sections). 

  

8. SHIPMENTS AND DELIVERIES 

8.1 The Seller ships the Products to Italy, Austria, Belgium, Bulgaria, Cyprus, Czechia, Germany, Denmark, Estonia, Greece, Spain, Finland, France, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakiavia via express couriers. 

8.2 Except where extraordinary circumstances arise, we undertake to do everything in our power to send the order of the product (s) indicated in the relevant Order Confirmation by the date indicated in this Order Confirmation, or if no delivery date is specified, within the estimated term of 3 working days and, in any case, within the maximum term of 30 days from the date of the Order Confirmation. However, delays may occur for various reasons such as product customization, occurrence of unforeseen circumstances or delivery area. 

8.3 If for any reason we are unable to comply with the delivery terms indicated above, we will inform you and we will give you the option, through our Customer Service, to set a new delivery date, or cancel the order, with the consequent refund of the entire amount paid. Please note that no deliveries will be made on Saturdays and Sundays. 

8.4 For the purposes referred to in these Conditions, the "delivery" will be deemed to have taken place (order delivered) through the acquisition, by you or a third party indicated by you, of the material availability or, in any case, of the control over the products, which will be proven by signing the receipt of the order at the agreed shipping address. 

8.5 Delivery by express shipping means at street level and will be made, unless otherwise indicated, from Monday to Friday during office hours (from 9 a.m. to 6 p.m.), excluding national holidays. 

8.6 If, on the day of delivery, you are not available at the address indicated by you during the purchase procedure, the Seller will contact you to make sure of the absence. In the event that delivery is not possible on the same day, the Products will be kept in storage for a further 15 days. During this time, a new delivery will be attempted or you will be contacted to agree on a new delivery date, updating the address if necessary. 

 

 9. GUARANTEES AND AFTER SALES ASSISTANCE   

9.1 The Products offered on the Site are exclusively first quality Products. 

9.2 The essential features of the Products are indicated on the Site in each Product detail page. However, the images and colors of the Products offered for sale may not correspond to the real ones due to the Internet browser and monitor used. It is therefore understood that the Seller is not responsible for any inaccuracies due to the malfunction of the device you use. The Seller reserves the right to modify the Product packaging at any time. 

9.3 The Seller pays the utmost attention to comply with what is described and presented on the Site with respect to what is written on the label on the product packaging. In any case, it is emphasized that, where differences are found, the label and instructions for use supplied with the Product will always be valid. 

9.4 Upon delivery by the courier of the purchased Product, you are required to check that the number of packages delivered corresponds to what is indicated in the shipping document and that the packaging is intact, not damaged, wet or otherwise altered, even in closing materials (adhesive tape or metal straps). Otherwise you must NOT collect the Products and you will have to leave them to the courier instead. If this happens, you must promptly notify the Seller in order to proceed with the new shipment of the purchased goods quickly. Furthermore, we advise you to sign the goods receipt document presented by the courier always inserting the note "ACCEPTED UNDER RESERVE"; in this way it will be easier and faster to obtain any refunds for damage attributable to transport. Finally, if the Products received are damaged, incomplete or incorrect, you must photograph the package, both outside and inside, keeping the label, the lot number and the product visible, because, if you ask for a refund, the Seller may request this material to accurately verify the actual existence of the problem. 

9.5 Once the courier's document has been signed without reservations, you will not be able to make any objection regarding the external characteristics of what has been delivered and the risk of loss or damage to the Products will be transferred to you in all respects. 

9.6 The products sold through this website are supported by the mandatory legal guarantee provided for by law in favor of consumers, to cover any lack of conformity existing at the time of delivery of the goods. 

The legal guarantee covers any lack of conformity of the goods that may occur within two years from the related delivery, provided that they are reported within two months from the discovery of the lack of conformity. 

Pursuant to the applicable legislation, there is a lack of conformity if the product you purchased (i) does not conform to the description provided and does not possess the qualities presented on this website, (ii) it is not suitable for the use for which the products are normally intended; (iii) does not have the qualities and characteristics of a product of the same type and which can reasonably be expected, taking into account the nature of the asset and, where appropriate, the specific characteristics presented. Within the limits established by law, we exclude all additional and derogable guarantees, except for those that cannot be legitimately excluded from consumers and users. 

In case of lack of conformity, you have the right to restore the conformity of the goods, at no cost to you. If you believe that one or more purchased products have conformity defects, please contact our Customer Service at the references indicated in the appropriate section on our website. 

9.7 The Seller, after verifying the compliance with the foregoing, will indicate the procedures envisaged for the repair or replacement of the Product, if under warranty. The Seller, where necessary and if you comply with the aforementioned requirements, will arrange, at its own expense, to have the defective Product collected by express courier, directly at an address indicated by you. Following the receipt of the correctly returned Product, the Seller, in agreement with the supplier or manufacturer of the Product, will evaluate its actual alteration and, in the event of a positive response, will repair or replace the goods at its own expense, no later than the term of 30 (thirty) days from the date of receipt of the return. In the event of a negative response, the Seller will promptly notify you of the negative outcome of the return procedure and no replacement product will be sent to you. In any case, you can, at your own expense, collect the product from the Seller no later than 30 (thirty) days from the notification of the negative outcome of the procedure. 

9.8 The guarantee of conformity on the Products will apply correctly if the following conditions are also fully met: a) The request for opening the intervention procedure under guarantee includes the information relating to the order code contained in the Order Confirmation and the reasons of the return; b) the returned products are sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same order, returned and shipped at different times. The Seller reserves the right to ask you to attach to the guarantee request, the Order Confirmation or the shipping document or other documentation proving the date of the Contract and the delivery date of the returned Product.  

9.9 The Seller is not liable or obligated to indemnify indirect or consequential damages, such as, by way of example and without limitation, loss of profit, loss of income, limitations on production, administrative or personal costs, loss of customers or legal actions of third parties. 

  

10. RIGHT OF WITHDRAWAL BY LAW 

10.1 If you make a purchase as a consumer, you will have the right to withdraw from the Contract within a period of 30 days without giving any reasons. 

The withdrawal period referred to in the previous paragraph ends after 30 days from the date on which you or a third party designated by you, other than the carrier, acquires physical possession of the products. 

To exercise the right of withdrawal, you must write to assistenza.clienti@acavallo.com informing us of your decision to withdraw from the contract by means of an explicit declaration.   

10.2 Once the aforementioned notice of withdrawal has been received, the Seller, having verified compliance with the terms to exercise the right of withdrawal, will send you, through its Customer Service, a "return opening" email, containing the procedure to be followed for the return of the products (see "return procedure" on the Site). The returned Product must be received by the Seller within 30 days from the receipt of the communication of the opening of the return procedure for withdrawal. Once the returned Products have been received, the Seller will open a refund procedure (see "Refunds" on the Site) if and only if (i) the Products have been sent within the set deadlines (the postmark or the delivery date to a courier is considered valid) and (ii) the products will be perfectly intact and in their original packaging, complete in all its parts (product packaging, labels and ancillary documentation), in such conditions that they can be put back on sale.  

10.3 In the event of withdrawal communicated in accordance with the procedures referred to in the previous paragraph, the Seller will reimburse you all the amounts paid as consideration (including the amounts paid for delivery costs of the Products, if you have used the least expensive delivery service offered by Seller), within 14 days from the receipt of the notice of withdrawal that was sent by you. 

10.4 In consideration of the characteristics of the Products sold by the Seller, the right of withdrawal applies only to the Product purchased in its entirety; it is not possible to exercise the right of withdrawal only on one or more parts of the purchased Product. In the case of orders including multiple Products, it will be possible to exercise the withdrawal in relation to one or more Products of the order, specifying the description of the Products to be returned in the notice of withdrawal. In these cases, the refund will be made according to the methods indicated in the previous paragraph.  

10.5 Regardless of the correspondence between the recipient of the Products indicated in the Order Form and whoever made the payment of the amount due for their purchase, the reimbursement of the sums will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the PayPal account). The Seller, also in accordance with the Consumer Code, reserves the right to withhold the refund until he has received the returned Products. 

10.6 The right of withdrawal is understood to be exercised correctly if the following conditions are also fully met: 

• The request to exercise the right of withdrawal contains the order code; 

• the Products relating to the order for which the right of withdrawal is exercised are sent to the Seller in a single shipment. The Seller reserves the right not to accept products from the same order, returned and shipped at different times. 

• the Products relating to the order for which the right of withdrawal is exercised are returned in the same condition in which they were received by you.

10.7 MANUFACTURER'S WARRANTY

The Manufacturer's Warranty is an additional warranty with respect to the Legal Conformity Warranty that may be provided by the seller on products. With the exception of what may be specifically indicated on the site, the products sold on the site are not covered by the Manufacturer's Warranty. In any case, the customers can assert their rights under the Legal Conformity Warranty governed by the previous article.

 

11. RETURNS  

11.1 The return procedure is opened only following your request to exercise this right and only in cases where: 

1. You notice damage to the shipment package and / or some product packaging upon delivery; 

2. you ascertain an error in the composition of the package delivered with respect to the order placed or a lack of ordered products; 

3. you ascertain a lack of conformity of the goods;  

11.2 In all the cases listed above, and following your request, the Seller will verify the actual existence of the conditions necessary for the opening of a return or refund procedure. 

We remind you that in the event of a return, you are responsible for the contents of the parcel being returned. No refund will be made, regardless of the return options chosen by you if: i) the package received contains an incorrect item and / or different from the product ordered or to be returned, ii) the product has been used in addition to the simple opening and iii) the products are not in the same condition in which they were delivered or if they have been damaged. 

We thus invite you to pay attention to the return operations and to take care of the products as long as they are in your availability and possession. Please return the items using or including in the package the original packaging, instructions and other documents, if any, that accompany the products. You can return the product by requesting, as better specified below, a collection via a shipper / courier that we will send to your home at a fixed return cost at your expense, according to the return policy described in the "return procedure" section of our website.  

In the case referred to in letter i) that is, in the event of an error in the contents of the package returned by you, we will be authorized to charge you for the transport costs if it is possible to manage and return the package received to your attention. 

11.3 Following the opening of a return procedure, the Seller will send you an email containing the description of how to return the Product. 

11.4 The shipping costs for returning the Product to the warehouse indicated by the Seller are at your expense. The Seller provides the possibility to collect the product via an express courier, directly to the address indicated by you. The product must have transportability requirements (e.g. it must not be expired, it must not have broken or spreading packages, etc). The cost varies according to the product being returned and the relative amount will be communicated to you before the online return procedure is finalized. The cost will be deducted from the total refund amount. 

You will have to make yourself available for the courier pickup on a working day, at the address indicated by you. 

11.5 The shipment, until the receipt certifying the delivery in the warehouse indicated by the Seller, is under your full responsibility. Upon arrival at the address indicated by the Seller, the Product will be examined to assess any damage or tampering not caused by transport. If the package and / or the original packaging are damaged, the Seller will deduct from the refund a percentage equal to the respective loss in value of the Product. 

11.6 The returned package must necessarily contain a copy of the Order Confirmation sent to the email address indicated by you or a copy of the waybill contained in the package at the time of delivery. 

11.7 In case of return of one or more items belonging to a 3 for 2 offer, the refund amount will be calculated by subtracting the average discount (%) already applied to the ordered products from the amount of the single item.

(eg: first article: €100, second article: €100, third article: €50. In case of return of the first and/or second item, the refund amount will be €80 each (i.e. €100 minus the average discount of 20%), while in case of return of the third item the refund amount will be €40 (€50 minus the average discount of 20%).

Should there be a greater number of items in orders subject to 3 for 2 offer, the calculation applied to quantify the refunds remains the same as previously indicated. 

The shipping costs for the return remain, unless otherwise specified, charged to the customer.  

 11.8  If you make a purchase as a consumer, you will have the right to withdraw from the Contract within 30 days without giving any reason.

In case of exercising of the right of withdrawal, the product must be delivered to the seller's headquarters or to a different address communicated by the seller. The withdrawal period expires after 30 days:

• in case of a single-product order, from the day when you or a third party, other than the carrier and designated by you, acquires physical possession of the product;

• in case of a multiple order with separate deliveries, from the day when you or a third party, other than the carrier and designated by you, acquires physical possession of the last product; 

• in case of an order relating to the delivery of a product consisting of multiple batches or pieces, from the day when you or a third party, other than the carrier and designated by you, acquires physical possession of the last batch or piece.

To exercise the right of withdrawal, send an email to assistenza.clienti@acavallo.com, to communicate the decision to withdraw from the contract through an explicit declaration.

 

12. REFUND TIMES AND PROCEDURES 

12.1 A refund procedure can refer to two different types of situations: 

• Refund of the total amount relating to a Product for which the right of withdrawal has been exercised; for which an alteration has been found such as to give rise to the Customer's right to the guarantee, for which it is not possible to proceed with the replacement; 

• partial refund relating to an order for which one or more Products were unavailable at the time of shipment. 

12.2 Whatever the payment method you used, the refund is activated by the Seller as quickly as possible and in any case within 14 (fourteen) days from the event that justifies the refund, using where possible the same payment channel with which the order was made. 

12.3 Regardless of the correspondence between the recipient of the Products indicated in the Order Form and whoever made the payment of the amount due for their purchase, the refund of the sums will always be made by the Seller in favor of the person who made the payment (identified as the holder of the credit card used to pay the Price or as the holder of the bank account from which the bank transfer used to pay the Price was made).   

12.4 In the case of purchases made using discount codes, promotional vouchers, or credits resulting from promotional campaigns, if the customer exercises the right of withdrawal or returns the item resulting in a refund of the order, the refund will be issued exclusively for the amount actually paid by the customer, in accordance with the terms and conditions set forth in these Terms of Sale and applicable law.
Promotional benefits used for the purchase, including discount codes, promotional vouchers, or promotional credits granted free of charge, will not be reissued, recredited, or reinstated, unless otherwise specified in the terms of the specific promotional initiative or unless otherwise provided by applicable law.
These provisions do not apply to vouchers purchased by the customer, such as gift cards or paid gift vouchers, for which the relevant specific terms and conditions apply.

13. INTELLECTUAL PROPERTY     

All copyrights, registered trademarks and any intellectual property rights on the materials or contents presented as an integral part of the website are our property and the property of those who have granted us a license for their use. You may use such material only in the manner for which you will receive express authorization from us or from those who have granted us a license for their use. 

  

14. COMMUNICATIONS  

All communications addressed to us must preferably be sent to the e-mail address assistenza.clienti@acavallo.com or through the customer care channels indicated in the "contacts" or "customer service" sections of our website. We reserve the right to send you any communications by e-mail or post to the address provided to us at the time of placing your order. 

  

15. TRANSFER OF RIGHTS AND OBLIGATIONS   

The Agreement between you and us is binding for both parties, as well as for our respective successors and assigns. You are prohibited from transferring or assigning in any way the Agreement, or any of the rights or obligations arising therefrom, without our prior written consent. We will have the right to transfer, assign, sub-contract or dispose freely in any way and at any time of the Contract, or of any right or obligation deriving from it. For the avoidance of doubt, any transfer, assignment, subcontracting or other provision of the Contract will have no impact on your rights as a consumer or invalidate, reduce or limit in any way any of the guarantees or liability offered by us, explicitly or implicitly. 

  

16. FORCE MAJEURE   

We will not be liable in any way for non-fulfillment or delays in the execution of any of the obligations under the Contract caused by force majeure events. 

By Force Majeure Events it is meant any event beyond any reasonable control, by way of example but not limited to: 1. Strikes, lockouts or other trade union unrest. 2. Riots, uprisings, invasions, terrorist attacks or threats of terrorist attacks, wars (declared or not) or threats of war. 3. Fire, explosion, storm, flood, earthquake, landslide, epidemic or other natural disaster. 4. Inability to use railways, sea and air shippings, motor transport or other means of public or private transport. 5. Inability to use public or private telecommunications networks. 6. Acts, decrees, laws, regulations or restrictions of any government. 7. Any maritime, postal or other relevant means of transport strike, disaster or accident. It is understood that the execution of the obligations under the Contract will remain suspended for the entire duration of the force majeure events. An extension for the execution of the Contract equal to the duration of this period will be granted. It is understood that, despite pending Force Majeure Events, we will endeavor to find a solution to comply with our contractual obligations.   

  

17. RIGHT TO CHANGE THE CONDITIONS   

We reserve the right to revise and change these Terms at any time. You will be subject to the General Conditions in force at the time of the order, unless a retroactive modification of the General Conditions or of the Data Protection Policies is required by law (in this case it will also apply to orders already sent to us). 

  

18. APPLICABLE LAW AND JURISDICTION   

The use of our website and the contracts for the purchase of products through the website are governed by Italian law. For any dispute arising from or relating to the use of the website or to such contracts, in the event of legal action, the Judge of the place of residence or domicile of the consumer will be competent. If you are entering into the Agreement as a consumer, this clause does not in any way affect the rights that the law recognizes to you as a consumer. 

  

19. REQUESTS, COMPLAINTS AND EUROPEAN PLATFORM FOR ONLINE DISPUTE RESOLUTION (ODR) WITH CONSUMERS   

For any request for information or complaint, please contact us through the customer care channels indicated on our website in the "contacts" or "customer service" sections. Our customer service will handle the requests and complaints received as soon as possible and, in any case, in compliance with the legally established terms. If, as a consumer, you believe that your rights have been infringed, you can address your complaints to us by sending an e-mail to assistenza.clienti@acavallo.com in order to solicit an out-of-court solution to any dispute. 

To this purpose and in accordance with Regulation Nº 524/2013 of the EU, we inform you that you have the right to request an out-of-court resolution of disputes relating to orders placed through this website through the ODR (Online Dispute Resolution) European platform made available by the European Commission for the out-of-court resolution of disputes arising from contracts for goods and services concluded online between consumers and professionals. 

   

20. GIFT CARD 

20.01 The Acavallo Gift Card is available in the set fixed amounts (€50, €100, €200, €500) and can be used by the Customer or a Third Party to purchase any product on the online shop until its complete credit value is used up.

20.02 The Gift Card is not associated with any specific name, therefore, it can be sold and transferred to third parties. The Gift Card value is equivalent to cash. Responsibility for its use and custody lies with its owner. The gift card cannot be converted into cash: the value of the card (active or expired) cannot, under any circumstances, be refunded, not even partially.

20.03The Customer can purchase one or more Gift Cards and can use them either for himself or transfer them to third parties. The Gift Card can be used several times until the credit runs out for the purchase of the products on the shop only. The purchased Gift Card cannot be recharged and, once the credit has run out, it will no longer be usable. The Gift Card can be purchased on the online Shop by Credit Card or PayPal and is delivered in electronic format by e-mail together with an identifying code.

20.04 The Gift Card is active from the time of purchase and is valid for 12 (twelve months) from the date of purchase.

20.05 The purchase of the Gift Card is not subject to the application of VAT pursuant to art. 2 paragraph 3 lett. a) of the Italian Presidential Decree 633/72. The purchase invoice will therefore bear the wording "Excluded from the scope of VAT pursuant to article 2, co.3, letter a), D.P.R. 633/1972".

20.06 Gift Card credit does not produce interest, cannot be traded and cannot be converted into cash. The unspent remaining balance cannot be refunded or used for the purchase of other Gift Cards. 

20.06 The Customer must be aware that, during the Gift Card purchase process, incorrect typing of the recipient's e-mail address, to whom the Gift Card is to be given, will make it impossible for the Third Party to receive and use the Gift Card, without any responsibility being attributed to the Seller.

20.07 The purchase of the Gift Card is possible both as a Guest user and as a Registered user and can be spent by both types of users. The Gift Card is active immediately after the purchase, can be used to purchase any product on the online shop and also covers the amount of shipping costs (if any). Other Gift Cards cannot be purchased with the Gift Card. Gift Cards cannot be purchased by applying voucher codes that apply discounts.

20.08 At the end of the purchase procedure, the Customer who has ordered one or more Gift Cards will receive an order summary e-mail + 1 e-mail for each gift card purchased, containing the code that can be used. In the event that the Customer wishes to give the Gift Card to a Third Party, the Customer will be asked to indicate: Name of the sender; Recipient's name; Recipient’s email address; message text (optional). The data that will be communicated during the purchase process will be processed exclusively to allow the Seller to send the Gift Card to the Third Party via e-mail and for the Seller to fulfill the relevant services and obligations. These data (name and e-mail address of the third party) will be stored only as information accompanying the order placed by the Customer in the same way in which other data relating to the same order are stored.

In the case of a purchase of the Gift Card for a third party, the recipient of the Gift Card, following verification of the successful outcome of the payment, will receive an e-mail with the name of the sender of the Gift Card, any accompanying message from the sender, the invite to visit the online shop to use the Gift Card, the privacy policy and the details relating to the Gift Card (including its code, expiry date and value of the Gift Card).

20.09 The use of the Gift Card does not involve any additional cost. Furthermore, multiple Gift Cards can be used for the same order. If there is any remaining amount, it can be used in another order. In the event that the total amount of the order exceeds the credit available on the Gift Card, the remaining amount must be paid by the Customer or by the Third Party using one of the methods available for payment (except cash on delivery) in order to finalize the order.

20.10 After the expiration date (12 months), the Gift Card cannot be used any further and any remaining credit on the Gift Card will not be refunded.

20.11 The Customer or Third Party to whom the Gift Card is given can monitor the status of the Gift Card (remaining credit) in the dedicated section of the cart.

20.12 The Customer or Third Party to whom the Gift Card is given is aware that knowledge of the Gift Card code allows it to be used by anyone on the online shop. Therefore it is advisable to keep the code carefully. In the event of theft or loss, the gift card cannot be replaced or refunded, not even partially. It is possible to know the available balance and/or the expiry date on the dedicated section of the cart.

20.13 The Customer does not have the right to withdraw from the purchase contract for a Gift Card. Thus, it is not fully or partially refundable.

20.14 In case of purchase of one or more products by using a Gift Card, the Customer will have the right to exercise the right of withdrawal as expressed in the present conditions of sale.

If the Seller has to make a refund of products purchased in whole or in part through the use of one or more Gift Cards, this refund will be made by issuing a new Gift Card.

It will take approximately 15 days for the refund to be credited to the Gift Card from the date on which the return is made. If part of the order was paid for by credit card, the refund amount will be returned to the credit card used and the rest of the amount will be added to the Gift Card balance.

20.15 The use of the Gift Card may be restricted without notice if suspicious, fraudulent or illegal activity is identified, or if the Seller suspects that the present Conditions of Sale have not been complied with, or in the event of exceptional circumstances that prohibit the normal functioning of the Card.

21. CUSTOMER REVIEWS

21.1 Pursuant to the provisions of Italian Legislative Decree no. 26 of 7 March 2023, we inform customers that no tool allowing users to publish reviews is implemented on the site.

21.2 In any case, customers are invited to access this article for future purchases to check whether a tool has been implemented on the site that allows users to publish their reviews related to the shopping experience on our site.