Our terms and condition of use

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TERMS AND CONDITIONS OF SALE AND USE

The following Terms and Conditions of Sale regulate the offer and sale of products on the website www.Cuddly.it, hereinafter referred to as "the Site".

The site is owned by Cuddly S.r.l.s. , with registered office in Istrana, Via Nazario Sauro 16A , (Treviso Italy).

You can request any information and/or send communications and/or file complaints about sales, purchase orders, products, payments and shipments, by contacting the Customer Service of Cuddly S.r.l.s. via the "Contacts" section of the Site and/or by sending an e-mail to: ecommerce@cuddly.it


1. Registering to the Cuddly Website and Terms and Conditions of Sale

These Conditions of Sale apply to all online sales made by Cuddly S.r.l.s. via the website www.cuddly.it.

To purchase Cuddly products you need to register to the Site by creating an account, and approve these Terms and Conditions of Sale by checking the appropriate box on this registration form. If you do not agree to these Terms and Conditions of Sale you will not be able to register to the Site or make any purchases.

Registration is free. You must be 18 years old or older to register to the Site Cuddly.it.
You will be required to fill in the registration form by entering your name, surname, date of birth, shipping address for purchases, and an e-mail address with a valid password, and click the "Send" button on the form. Registration will be active from that moment.

Your login credentials can be used by you only and cannot be sold to third parties. You agree to keep them secret and to make sure that nobody has access to them. Please inform Cuddly S.r.l.s. promptly if you suspect any improper use and/or disclosure of your credentials.

You warrant that the personal information you provided when registering to Cuddly.it is complete and accurate. You agree to hold Cuddly S.r.l.s. harmless from any claims for damages and/or penalties arising from and/or in connection with your breach of Site registration rules.

These Terms and Conditions of Sale may be changed at any time.

Any changes and/or new terms will be effective from the time of their publication in the "Terms and Conditions" section of the Site. Applicable Terms and Conditions of Sale are those in force on the date when you send your purchase order.

These Terms and Conditions of Sale are applicable in Italy only.

2. Executing the Contract

a) to complete the purchase of one or more products via the Site, you will be required to fill in an electronic order form and send it to Cuddly S.r.l.s. electronically, by following the relevant instructions;

b) the contract shall be deemed concluded when Cuddly S.r.l.s. records your order form, after verifying the accuracy of your order and payment data;

c) the order form will be filed in the Cuddly S.r.l.s. database for the time necessary to process your order and in any case in accordance with the law. To access your order form, go to the "Profile - My Orders" section of the Site, where you will find a list of all the orders you have placed.

In accordance with Italian Legislative Decree no. 70 of 9 April 2003, laying down rules on electronic commerce.

3. Prices

All prices of the products shown on the Site are in Euro and are inclusive of VAT (22%). Shipping charges and any other additional costs, inclusive of VAT and in Euro, will be expressly and separately indicated on the order form before you send it.

4. Purchase Orders

Cuddly S.r.l.s. shall process your purchase order only after receiving a confirmation that payment of the total amount due - including the purchase price, any shipping charges and other additional costs, as specified in the order form - was properly authorised.Cuddly S.r.l.s. reserves the right to refuse orders from users whose solvency is not guaranteed or with whom disputes are pending.

OBJECT OF THE CONTRACT

All products are subject to availability. The Seller reserves the right to change without notice the limits to the quantities and/or the type of Products offered on the Site, as well as the style, designs and colours of the Products described therein.

Images of products on the Site are for reference only; they may look different depending on the Internet browser and/or display used. For any information about the products, please send an e-mail to  ordini@cuddly.it

The Products available on the Site can only be purchased by registered customers who request delivery within Italy.

5. Payment Method

To pay for the products purchased on the Site, you can choose one of the following methods of payment:

- Credit card: Payments made by credit card or any other electronic forms are processed via the PayPal system, without having to register but only using the safety and protection of the Paypal system via a secure connection, directly connected to the Bank owning and operating the online payment service with which Cuddly S.r.l.s. has a special agreement. Cuddly S.r.l.s will never be in possession of your credit card details and cannot be held liable for any fraudulent use of the card. These details are received directly and exclusively by the banking institutions that authorise the payment; the Seller will only be notified of the result of the transaction.

- PayPal: If you pay with PayPal, please follow the procedures specified in the PayPal Site. The amount of the order will be charged to your PayPal account as soon as Cuddly S.r.l.s. receives your order. For every transaction made with your PayPal account you will receive an email confirmation from PayPal. If you have not yet registered with PayPal, you can do it by clicking "SUBSCRIBE TO PAYPAL"

- Bank transfer: you can pay by bank transfer within 3 working days from the date of your order. As soon as we receive your payment (it usually takes 3 days) Cuddly S.r.l.s. will process and ship your order.

An invoice will be issued automatically with every purchase. The invoice of each purchase will be available in your "Profile -My Orders" section.
Should you fail to pay, Cuddly S.r.l.s. will charge you the management costs on your unpaid order and reject your purchase order, and will notify you by e-mail.

6. Delivery of Purchased Goods

We ship to Italy only. The goods will be shipped by our forwarder BRT S.p.A.


The products you order will be shipped to the address you have specified in the order form.

When your products are delivered to the courier company, you will receive a shipping confirmation email with a tracking number, which you can use to check the status of your order in the "Profile - My Orders" area of the Site.

Deliveries will be made from our headquarters in Istrana (Treviso) by BRT S.p.A. Monday to Friday, during normal business hours, excluding public holidays. Cuddly S.r.l.s. reserves the right to use other courier companies and/or different delivery methods. In this case, the change will be specified in the product sheet.
The order will be considered as "dispatched" once the goods are delivered to you at the address specified in your order. Goods are delivered to ground floor only.

If you are not home when the courier attempts delivery they will leave a card  indicating that they have attempted delivery (i.e. calling card). On the card you will find a contact phone number, which you need to call to ask for a second delivery attempt. After two failed delivery attempts the package shall be held at the local depot. As soon as the package arrives at the local depot, our Customer Service will contact you to release your parcel and make sure that it is delivered to you as soon as possible. If necessary, you may reschedule delivery with our Customer service and have the goods delivered to a different address. If the next delivery attempt made after being contacted by our Customer Service is unsuccessful, or if you don't answer our Customer Service when attempting to call you, you package will be returned to Cuddly S.r.l.s. and you will be notified by e-mail. You acknowledge that, thirty (30) days after your package is returned to Cuddly S.r.l.s., the contract will be terminated and the purchase order cancelled pursuant to art. 1456 of the Italian Civil Code. Once the contract is terminated, Cuddly S.r.l.s. shall refund the total amount paid by you for the goods, minus the cost of delivery as well as any expenses charged by the courier for holding your goods at a local depot. The termination of the contract and the refund amount will be notified to you via e-mail. The amount of the refund will be credited using the same payment method you used for your purchase.

Regardless of the delivery method you have chosen, the following conditions will apply:

a) if the goods you have purchased are not delivered on time or are not delivered at all, you have the right to file a complaint to our Customer Service by accessing the "Contacts" section of the Site. Cuddly S.r.l.s. will investigate your complaint and whether the non-delivery or late delivery is due to Cuddly S.r.l.s. and not to unforeseeable circumstances or force majeure, notwithstanding your possibility to use ordinary legal remedies;

b) in the event of non-delivery, Cuddly S.r.l.s.. will refund the total amount paid by you - including the purchase price, shipping costs and any other additional cost - immediately and in any case within thirty days from the day when you are notified of the outcome of the complaint

It is up to you to check the condition of the product on delivery.

If there are visible signs of tampering on the packaging, you need to accept the delivery conditionally, and immediately notify our Customer Service by accessing the "Contacts" section of the Site. This is without prejudice to the provisions of Articles 6 (right of withdrawal) and 8 (guarantees and non-compliance) of these General Conditions of Sale.

7. Right of withdrawal

Return instructions

Product quality is very important to us, and your satisfaction is 100% guaranteed!

If you have purchased any products through the Site, you have the right to terminate your contract with Cuddly S.r.l.s. without penalty and without providing any reason, within 14 (fourteen) working days from the date of receipt of the goods.

To exercise your right of withdrawal, you need to:

a) Send a cancellation request by email to ordini@cuddly.it within fourteen (14) working days from the date of receipt.

b) Return the good(s) you have purchased, properly protected and packed in their original packaging, complete with any accessories, using a carrier of your choice and at your expense, within fourteen (14) working days of receipt of the goods. Returned products must be unused and unworn.

c) Send the goods you want to return to the following address:

CUDDLY S.r.l.s. Via Nazario Sauro, 16A 31036 ISTRANA (TV)
After receiving the goods and verifying that you complied with the terms and conditions for exercising your withdrawal rights, as well as the integrity of the products, Cuddly S.r.l.s. will refund the amount you paid as quickly as possible, and in any case within fourteen days of the date on which Cuddly S.r.l.s. confirmed that you can exercise your right to withdrawal. You will receive an e-mail confirmation of the refund amount, which will be credited to your account by prior arrangement.


The return of the goods shall be your responsibility until they reach their destination at Cuddly S.r.l.s. headquarters as specified above. For your protection, please send the package with a delivery service that insures the value of the goods and is traceable.

8. Product Compliance

The pictures and colours of the items displayed on the Site may look different from the actual products due to the settings of your IT systems and/or the computer used.

Please notify Cuddly S.r.l.s. of any lack of compliance, under penalty of forfeiture, within two (2) months from the date on which you found the defect.

The warranty shall not cover products that have been tampered with in any way.

Cuddly S.r.l.s. is not liable for any damage resulting from improper use of the product and/or from failure to follow the relevant instructions, as well as any damage caused by unforeseeable circumstances or force majeure.

9. Recommendations for Use

Cuddly products are entirely "Made in Italy" as the entire production process, from design to manufacturing and packaging, takes place in Italy.
Our jewellery pieces are made of 420 stainless steel. For surface treatments - such as polished steel, rhodium-plated steel, plated steel - we do not use Nickel, hexavalent Chromium and any other substances that may cause skin reactions, which are expressly forbidden by Reach regulations (reference standards for the jewellery/fashion jewellery industry).
Like any other pieces of steel jewellery, whether treated or not, Cuddly links are subject to wear and use, as well as exposure to other elements such as air, liquids, or sweating.
To preserve the quality of the finish as well as the shine and integrity of your Cuddly for as long as possible, we recommend that you handle them with due care and avoid contact with water (even if waterproof), body cleansers and detergents, and that you do not wear them when bathing in swimming pools treated with chlorine or other disinfectants and/or when doing physical activity that leads to increased sweating.
As specified above, use always involves some level of wear, which can vary depending on your own use of the product. The appearance of streaks or scratches is not attributable to manufacturing defects, but just to your own use of your Cuddly.

Time can also cause the product to lose its sheen, as well as the appearance of spots and/or stains due to contact with various liquid substances allowed by health regulations (indications are always reported on the packaging of the products you use, with the relevant precautions, such as wearing gloves). To clean your Cuddly links, wash them in a solution of water and baking soda (about a teaspoon of baking soda for 33 cl of water) and dry them with an absorbent towel.
We also suggest that you avoid using excessive force when assembling and disassembling your Cuddly links. As the material features excellent elasticity, the opening system makes it very easy to link your Cuddly links without affecting the resistance of the material itself. Such resistance may be affected if you use excessive, unnecessary force to link the pieces together.

WARNING: Cuddly products are not suitable for children under 7 years as they contain small details. The risk for young children is that they may play with them and accidentally swallow some small parts, putting their safety at risk.

Although this is not our responsibility, we recommend that you never leave your Cuddly links unattended in the presence of young children or leave them in a place where they can be easily reached.

10. Force Majeure

Cuddly S.r.l.s. shall never be liable for failure to comply with any of the obligations arising from these Terms and Conditions of Sale where that the failure is caused by unforeseeable circumstances and/or force majeure, including, but not limited to, natural disasters, terrorist acts, network failures and/or blackouts.

11. Completeness

These Terms and Conditions of Sale represent the entire agreement between Cuddly S.r.l.s. and users of the Site with respect to the purchase of products through the Site.

12. Suspension and/or modification and/or termination of sales on the Site

Cuddly S.r.l.s. reserves the right to suspend, modify or terminate sales on the Site. Cuddly S.r.l.s. cannot in any way be held liable to you or third parties for any such suspension, modification or termination.

13. PATENT PENDING & TRADEMARKS

Cuddly products are protected by the rights under the Italian Industrial Property Code, as patent applications have been filed nationally and internationally. Any attempt at imitating and/or counterfeiting our products will force us to take legal action to protect our rights and receive compensation for any damages arising from unauthorised use of our intellectual property by physical and/or legal entities.

We also inform you that trademark applications were filed for our brand as well as for the "C" logo that marks our products.

14. APPLICABLE LAW

The Terms and Conditions of Sale and online Sales Contracts are governed by Italian law, in particular by legislative decree no. 206 of September 6, 2005, on the Consumer Code, as amended by Leg. Decree no. 21 of February 21, 2014, with specific reference to the legislation on distance contracts and Italian legislative decree no. 70 of April 9, 2003 on certain aspects of electronic commerce.

THESE CONDITIONS OF SALE WERE UPDATED IN NOVEMBER 2016

 


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