Premise

These Conditions of Sale describe the methods of online sale on the website www.Capitalorologi.com of watches marked with the “CAPITAL” brand in accordance with the current legislation on distance contracts, pursuant to Legislative Decree 6 September 2005 n. 206 as amended by Legislative Decree. 21 February 2014 n. 21 ("Consumer Code") and, to the extent not provided for therein, in articles 7 and 12 of Legislative Decree 9 April 2003, n. 70 ("E-commerce Decree").

Before making any online purchase, the user is invited to carefully read the Conditions of Sale, the Right of Withdrawal and the Privacy Policy.

Identification of the seller

The seller is Delmax S.r.l., with registered office in Milan in Via San Vito, 6 C.F. and VAT number 05077750155 registered in the Milan Business Register, no. REA MI-1127844

Contacts

For any information, assistance or on-line purchase methods, on the guarantee, on the withdrawal or otherwise, the user can contact Delmax Srl at the following e-mail address: info@capitalorologi.com

Definitions

• Customer: is the consumer, a natural person over the age of 18 who makes the purchase for purposes not related to any commercial, entrepreneurial or professional activity carried out.
• Conditions of sale: these are all the conditions of sale on the website www.capitalorologi.com, applicable to the contractual relationship between the seller and the customer.
• Online sales contract: it is the sales contract relating to the products, stipulated between the seller and the customer as part of a remote sales system organized by the seller through telematic tools.
• Purchase order: it is the customer's purchase order in electronic format made according to the procedure indicated in the conditions of sale and which constitutes a contractual proposal by the customer for the purchase of the products.
• Institutional packaging: these are the boxes, booklets, tags and commercial guarantees and/or certificates of authenticity of the “CAPITAL” products.
• Products: these are watches marked with the "CAPITAL" brand.
• Personalized products: these are watches to which a marking has been applied to the dial or an engraving on the caseback or on other components of the watch.
• Custom-made products: these are the products on which the customer has explicitly requested to make the bracelet to size. On some products with a steel bracelet, the bracelet adjustment service is offered following the procedure indicated on the site. The customer must therefore indicate the wrist measurement in the section provided in the product sheet.
•  Seller: is Delmax s.r.l., with registered office in Milan, Via San vito, 6, C.F. and VAT number 05077750155 registered in the Milan Business Register, no. REA MI-1127844.

Object of the online sales contract

With the online sales contract, the seller sells and the customer purchases the products, as part of a remote sales system organized by the seller through telematic tools on the site.

The information contained on the site does not constitute an offer by the seller.

All products are subject to availability at the time. The seller reserves the right at any time to vary without notice the limits to the quantity and/or type of products that can be purchased online on the site as well as the style, models and colors of the products described on the site.

The images of the products on the site may differ from reality due to the Internet browser and/or monitor used.

Price

All sales prices of the products indicated on the site are expressed in euros.

Unless otherwise indicated, the prices of the products include VAT and all other taxes (if applicable) and DO NOT include shipping costs and costs for additional services that will be highlighted in the product sheet.

Any duties and customs charges for shipments outside the European community are charged to the customer.

The prices applied are those indicated on the site at the time of the purchase order by the customer.

The seller reserves the right to change the prices of the products, the shipping costs and the costs for additional services without prior notice. Before sending the purchase order, the customer is invited to check the final price indicated in the products tab.

Any new prices, shipping costs and costs for additional services will only be applied to purchase orders received after their publication on the site.

The seller verifies that the prices indicated on the site are correct, not guaranteeing, however, the absence of errors. In the event that an error is found relating to the price of a product, the seller will contact the customer at the e-mail address provided by the same to give him the opportunity to reconfirm the order of the product at the correct price or to cancel it.

Product purchase process

The customer can make purchases by following the instructions indicated on the site as a registered user, as an unregistered user (so-called guest) or by using the Facebook login function when available.

Before making any online purchase, the customer must carefully read and accept the conditions of sale, the information on the Right of Withdrawal and the privacy policy. The customer will be required to print a copy of such documents and to store or reproduce a copy for his/her personal use.

To purchase the products, the customer must enter the products in the appropriate "cart", after having read and accepted the conditions of sale, with particular reference to delivery costs, any costs for additional services and the information on the Law of Withdrawal and must also select the desired payment method.

Before proceeding with the transmission of the purchase order, the customer will be asked to identify and correct any data transmission errors.

All purchase orders sent to the seller must be completed in all their parts and must contain the elements necessary for the exact identification of the customer, the products ordered and the place of their delivery. It is absolutely forbidden for the customer to enter false and/or invented and/or fictional data in the purchase procedure. The personal data and the e-mail address must be exclusively the personal data of the customer and not of third parties or fictional ones.

The purchase order sent to the seller is valid as the customer's contractual proposal expressed online and contains information on the essential characteristics of each product ordered, its price, means of payment, delivery methods, shipping costs and any additional costs.

With the transmission of the purchase order, the customer unconditionally accepts the conditions of sale and confirms that he knows and accepts the additional information contained on the site also referred to through links, including the General Conditions of Use, the Privacy Policy and the Right of withdrawal.

Upon receipt of the purchase order, the seller will automatically send an e-mail to the e-mail address indicated by the customer in the purchase order - which does not constitute acceptance of the purchase order - in which the customer is only confirmed to have received the order and to have submitted it to the data verification process and the availability of the requested products.

The online sales contract is concluded and binding for both parties when the customer receives confirmation by e-mail from the seller that, following verification of the availability of the product and the charge of the price, his order proposal was successful and was therefore accepted.

The customer must immediately check the content of the communication and immediately report any errors or omissions to the seller by sending an e-mail to the Seller's Customer Service at info@capitalorologi.com

Notwithstanding the foregoing, the purchase order sent by the customer must be considered devoid of any validity and effectiveness, and will not be accepted by the seller, if the seller has the reasonable and well-founded reason to believe that the customer:

Intends to purchase the products not for personal purposes but for purposes related to their own or others' business or professional activity.

You use false or fictional names in the purchase procedure in violation of the provisions of the previous paragraph entitled "Product purchase process".

In such cases, the online sales contract will be deemed not concluded and the seller will send the customer, by e-mail, a communication certifying the non-acceptance of the purchase order and the failure to conclude the contract, canceling any possible charge and/or expense charged to the customer.

The seller also reserves the right to partially fulfill the purchase order in the event of unavailability of one or more products ordered by the customer. In this case, the customer will only be charged the amount corresponding to the partially fulfilled order.

Payments

The payment by the customer can be made through one of the following methods: credit card with NEXI circuit, Paypal, Satispay, Amazon Pay, bank transfer or cash on delivery (only in Italy).

Payments made by credit card or other electronic forms are made through a secure connection, directly connected to the bank owner and manager of the "on-line" payment service with which the seller has an agreement. The seller does not come into possession of the credit card details of its customers and cannot be held responsible for any fraudulent use of the card. These data are received directly and exclusively from the banking institutions that authorize the payment by only communicating the outcome to the seller.

In the event that, for any reason, the debit of the amounts due by the customer is found to be impossible, the seller will send a communication of non-acceptance of the purchase order to the e-mail address indicated by the customer. The purchase process will be automatically canceled and the online sales contract will be deemed not concluded.

Any reimbursement to the customer will be credited through one of the methods proposed by the seller and chosen by the customer.

The seller will send an e-mail notification once the refund has been made to the e-mail address indicated by the customer in the purchase order.

Billing

For each purchase order, the seller, where requested by the customer, will issue the relevant invoice based on the information provided by the customer in the purchase order. No change in the invoice will be possible after its issue. The invoice, if requested, will be sent to the customer once the payment has been collected, in electronic format pursuant to the D.P.R. 445/2000/and of the Legislative Decree. 52/2004.

Delivery times and methods

The seller delivers the products to the customer by trusted couriers from Monday to Friday, excluding Saturdays, Sundays and holidays.

Sono riportati di seguito i tempi di consegna nei principali paesi:

The delivery times indicated are purely indicative.

Except in cases of force majeure or unforeseeable circumstances, delivery times, according to the provisions of Article 61 of the Consumer Code, do not exceed 30 days from the day following that of transmission of the purchase order to the seller, unless the seller communicates - within the same term or by the latest agreed delivery date, also by e-mail - the temporary impossibility of delivery of the same. In this case, the seller will refund any sums already paid by the customer for the payment of the supply.

In the event that the customer's data are incomplete or in any case inaccurate (so as to make delivery of the products impossible), the seller, before processing the order, will contact the customer at the contacts indicated by the same.

The delivery of the products will be made at the address indicated in the purchase order exclusively in the presence of the customer or his representative as long as they are of age, who must sign the delivery documents for the products.

No deliveries will be made to post office boxes.

Upon delivery of the products by the courier, the customer or his/her representative are required to check that:

The number of packages delivered corresponds to what is indicated in the transport document (DDT);

The packaging is intact, not damaged, wet or otherwise altered, even in the closing materials. Any damage to the packaging and/or the product or the mismatch in the number of packages or information must be immediately reported in writing by the customer or his/her representative on the transport document in the dedicated space. In this case, the customer or his/her representative must reject the damaged goods without having to open the package and the seller, once the damaged package has been received, will arrange for a new shipment of the ordered product. In any case, the customer's right of withdrawal referred to in the following paragraph entitled "Right of withdrawal" is reserved.

In the event that the customer rejects the package containing the products, this will be considered as the customer's withdrawal from the online sales contract pursuant to articles 52 et seq. of the Consumer Code and the seller will be entitled to withhold the return costs from the refund due to the customer. The refund thus determined will be credited through the payment method chosen by the customer in the purchase order, in a timely manner and, in any case, at the latest within 14 days of returning the package.

Right of withdrawal

The customer is invited to carefully read the information on the Right of Withdrawal.

Correct procedure for exercising the right of withdrawal

• Access the 'My Account' section via the user icon
• Go to the "Order History and details" section
• Click on "Details" next to the reference order
• Select the product (s) to be returned with a tick
• Indicate the reason for the return
• Click on "Request a refund"

IMPORTANT:

 The 'customized products' with engraving on the back, marking on the dial or with any type of personalization on the watch CANNOT be returned because they are excluded from the RIGHT OF WITHDRAWAL pursuant to Article 59, paragraph 1, letter c) of the Consumer Code being considered personalized or tailor-made products.

The 'made-to-measure products' on which the bracelet has been made to measure cannot be returned because they are excluded from the RIGHT OF WITHDRAWAL pursuant to Article 59, paragraph 1, letter c) of the Consumer Code, being considered customized products or on measure.

The customer can assert the right of withdrawal within 14 days from the day of receipt of the goods by sending a return request to the seller.

Once the customer has sent the return request within the period indicated above, the same will receive a communication in the reserved area regarding the return authorization from the seller containing the instructions for sending the goods. Within the following 14 days, the customer must return the products to the seller, together with the Return Authorization Form, sending them to the address indicated in the return authorization.

In order for the right of withdrawal to have been validly exercised, the products together with the original packaging must be returned to the seller, at the address indicated in the return authorization, within the following 14 days from the receipt by the customer of the return authorization, together with, if issued, to the purchase invoice and to the seller's return authorization, intact, unworn, unused, undamaged and in the original packaging.

The customer is responsible for the decrease in the value of the products resulting from the manipulation of the goods other than that necessary to establish their nature, characteristics and functioning.

The products with their original packaging must be sent to the seller in a single shipment. The seller, in fact, reserves the right not to accept products of the same order, returned and shipped at different times.

The return shipping costs will be borne by the customer and it is necessary to use a traceable shipping method with signature on delivery.

In no case will parcels be withdrawn cash on delivery or carriage forward.

The customer is recommended to ship the products with their original packaging to be returned, insuring the full amount of the goods and taking care to receive a shipping number to allow tracking of the shipment. The seller will not be responsible for reimbursement or compensation relating to products shipped by the customer but which have never been received by the seller due to loss, theft or damage that are not attributable to the same.

If the methods and terms for exercising the right of withdrawal are respected and if the products, together with the original packaging, are returned intact, unworn, unused and undamaged in the original packaging, the seller will refund the customer the price of the products purchased within a maximum period of 14 days from the date on which the seller received the package at its headquarters. Shipping costs, if incurred, will not be refunded.

The refund will be made using the same payment method used for taking charge of the order. In case of payment by cash on delivery, the customer must provide the seller with the bank details where the refund can be made.

In no case will returns be accepted sent without authorization, or sent without following the return procedure indicated by the seller.

Legal guarantee of the products

For any lack of conformity existing at the time of delivery of the products, the customer, in accordance with the provisions of article 130 of the Consumer Code, will have the right to restore the conformity of the product without charge by repair or replacement or, if this is not possible, to a reduction in the purchase price or to the termination of the online sales contract.

The seller is liable for lack of conformity if they occur within two years from the date of delivery of the product. The customer must, however, report the lack of conformity within two months of its discovery, by sending an e-mail to the customer service at info@capitalorologi.com which must indicate the code relating to the order and the problem found by attaching where possible some photos relating to the same.

The seller will contact the customer to arrange the collection of the product.

The seller reserves the right to verify the existence of the reported defect, and to carry out the repair or replacement only after this check.

If, following this verification, there is no lack of conformity, the seller reserves the right to charge the customer the costs of verification, restoration, and transport.

For commercial guarantees, if any, the customer is invited to carefully read the relevant certificates delivered with the products.

Responsibility of the seller

The seller will do its best to ensure that the contents of the site are updated; however, the absolute absence of any errors and/or inaccuracies (typing errors, inaccuracies or omissions, for example relating to the price, availability of the product, and the product information sheet) cannot be excluded. The seller therefore reserves the right to correct errors, inaccuracies or omissions even after the purchase order has been sent and also reserves the right to change or update information at any time without prior notice.

Privacy

The personal data requested when placing the order are collected by www.capitalorologi.com and processed on computer media in order to satisfy the obligations arising from the contract concluded with the customer and will in no case and for any reason be transferred to third parties.

Delmax s.r.l. ensures its customers compliance with the legislation on the processing of personal data, governed by the privacy code referred to in Legislative Decree N. 196 of 30.06.03.

The data controller is Delmax s.r.l. the customer, at any time, has the right to withdraw consent to the processing of personal data with written communication to be sent to info@delmax.it

Delmax s.r.l. guarantees assistance for overwritten contacts from Monday to Friday from 9.00 to 17.00

To the customer, who declares to have received the information pursuant to art. 13 and on the rights due to the same, pursuant to art. 7 of Legislative Decree. n. 196/2003, has the right to access their data in the manner provided therein. Marketing communications (newsletters) will be sent only with the explicit consent of the customer issued together with the authorization for processing and sending, in the appropriate registration form on the online site.

Complaints

Any complaints may in any case be sent to the seller by e-mail at info@capitalorologi.com

Settlement of disputes

Pursuant to Article 12 letter f) of Legislative Decree 9 April 2003 n. 70, the competent court for disputes relating to this contract is that of the place of residence or elective domicile of the consumer if located in the State of the Italian Republic, mandatory forum pursuant to art. 66 bis of the Consumer Code.

Applicable law

The conditions of sale and the online sales contracts are governed by Italian law and in particular by the legislative decree 6 September 2005 n. 206, on the consumer code, as amended by Legislative Decree. 21 February 2014 n. 21 with specific reference to the legislation on distance contracts and the legislative decree 9 April 2003 n. 70 on certain aspects concerning electronic commerce.