Termini e condizioni del servizio
Terms and Conditions
Terms and Conditions of
www.casaarteitalia.com/
These Terms govern
the use of this Application, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
casaarteitalia - C. Tahoyo, 1, 35541 Máguez, Las Palmas
Owner contact email: info@casaarteitalia.com
What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In
particular, certain provisions may only apply to Consumers or to those Users that do not qualify as
Consumers. Such limitations are always explicitly mentioned within each affected clause. In the
absence of any such mention, clauses apply to all Users.
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly
called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within
this document.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this
Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or
provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no
applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a
result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly
asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the
Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below),
modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create
derivative works from the content available on this Application, nor allow any third party to do so through the
User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content
available through this Application for its sole personal and non-commercial use and provided that the
copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Application Users may have access to external resources provided by third parties. Users
acknowledge and accept that the Owner has no control over such resources and is therefore not responsible
for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible
grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of
those, applicable statutory law.
Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under
these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no
applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate
interests including by denying Users access to this Application or the Service, terminating
contracts, reporting any misconduct performed through this Application or the Service to the
competent authorities – such as judicial or administrative authorities - whenever Users engage
or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on this Application, as part of the Service, are provided on the basis of
payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the
dedicated sections of this Application.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and
are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible,
representation on this Application through any means (including, as the case may be, graphic material,
images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the
purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order
by submitting it.
Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the
obligation to pay the price, taxes and possible further fees and expenses, as specified on the order
page.
In case the purchased Product requires active input from the User, such as the provision of personal
information or data, specifications or special wishes, the order submission creates an obligation for the
User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by
the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and
costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User
is browsing.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related
information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not
collect any payment information – such as credit card details – but only receives a notification once the
payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner
shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed
or refused payment shall be borne by the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become
the User’s property.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using
the contact details provided in this document or as described in the delivery note. Users may refuse to
accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this Application.
Delivery times are specified on this Application or during the purchasing process.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the
execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if
the latter is arranged by the User.
If the goods are not received or collected at the time or within the deadline specified, the goods will be
returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the
future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified
below (generally 14 days), for any reason and without justification. Users can learn more about the
withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a
statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance
contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their
intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this
document. Users are, however, free to express their intention to withdraw from the contract by making an
unequivocal statement in any other suitable way. In order to meet the deadline within which they can
exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the
User or a third party – other than the carrier and designated by the User – takes physical possession of
the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of
purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal
period expires 14 days after the day on which the User or a third party – other than the carrier and
designated by the User – acquires physical possession of the last good, lot or piece.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the
Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least
expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the
day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise
agreed with the User, reimbursements will be made using the same means of payment as used to process
the initial transaction. In any event, the User shall not incur any costs or fees as a result of such
reimbursement.
...on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the
Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event
within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before
the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until
reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the
earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods
outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User .
Legal guarantee of conformity for goods
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods
they sell. This means that traders must ensure that the goods purchased have the promised quality, or the
quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve
been delivered to the purchaser.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the
items available on this Application in accordance with the laws of the country of their habitual residence.
National laws of such country may grant such Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in
accordance with the legislation of the country of their habitual residence.
Applicability extension to non-EU consumers
Without prejudice to any more favourable guarantee-of-conformity rights that Users might benefit from
according to the legislation applicable to them, the Owner contractually extends the statutory guarantee-of-
conformity regime applicable in the country of its registered offices to Consumers in general.
Liability and indemnification
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy
which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and
Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the
fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable
right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole
discretion, to the re-performance of the services or the payment of the cost of having the services supplied
again.
US Users
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is
at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly
disclaims all conditions, representations, and warranties — whether express, implied, statutory
or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a
particular purpose, or non-infringement of third-party rights. No advice or information, whether
oral or written, obtained by user from owner or through the Service will create any warranty not
expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,
directors, agents, co-branders, partners, suppliers and employees do not warrant that the
content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the
Service will be available at any particular time or location, uninterrupted or secure; that any
defects or errors will be corrected; or that the Service is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use of the Service is
downloaded at users own risk and users shall be solely responsible for any damage to Users’
computer system or mobile device or loss of data that results from such download or Users’ use
of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the Service or any hyperlinked website or
service, and the Owner shall not be a party to or in any way monitor any transaction between
Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser,
mobile device, and/or operating system. The owner cannot be held liable for any perceived or
actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of
certain implied warranties. The above exclusions may not apply to Users. This Agreement gives
Users specific legal rights, and Users may also have other rights which vary from state to state.
The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by
applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including
without limitation damages for loss of profits, goodwill, use, data or other intangible losses,
arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access
or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access
to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal
information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the
Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the
use of any content posted, emailed, transmitted, or otherwise made available through the
Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the
Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees be liable for any claims, proceedings, liabilities, obligations,
damages, losses or costs in an amount exceeding the amount paid by User to the Owner
hereunder in the preceding 12 months, or the period of duration of this agreement between
the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, therefore the above limitations or exclusions may not apply to User. The terms give
User specific legal rights, and User may also have other rights which vary from jurisdiction to
jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not
apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates,
officers, directors, agents, co-branders, partners, suppliers and employees harmless from and
against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt,
and expenses, including, but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or
received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the
representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy
or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s
unique username, password or other security measure, if applicable, including, but not
limited to, misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any
such right or provision. No waiver shall be considered a further or continuing waiver of such term or any
other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for
maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the
Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or
information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such
as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its
Service without the Owner’s express prior written permission, granted either directly or through a legitimate
reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as
copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive
property of the Owner or its licensors and are subject to the protection granted by applicable laws or
international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,
illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive
property of the Owner or its licensors and are subject to the protection granted by applicable laws or
international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish
to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may
entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can
obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into
force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or
obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding
changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written
permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent using the contact information stated
in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law,
the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions,
which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent
reasonably required to render it valid, enforceable and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and
supersede all other communications, including but not limited to all prior agreements, between the parties
with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do
their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting
the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable
statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of
these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the
Agreement, or of such importance that the parties would not have entered into the contract if they had
known that the provision would not be valid, or in cases where the remaining provisions would translate into
an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant
section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual
residence in a country where the law provides for a higher consumer protection standard, such higher
standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with
the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in
Switzerland, Norway or Iceland.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy
regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the
contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related
order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 2 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that
facilitates an out-of-court method for solving disputes related to and stemming from online sale and service
contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such
platform for resolving disputes stemming from contracts which have been entered into online. The platform
is available at the following link.
Definitions and legal references
This Application (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of
nationality.
Example withdrawal form
Addressed to:
casaarteitalia - C. Tahoyo, 1, 35541 Máguez, Las Palmas
info@casaarteitalia.com
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the
provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to
the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
Product
A good or service available for purchase through this Application, such as e.g. physical goods, digital files,
software, booking services etc.
The sale of Products may be part of the Service.
Service
The service provided by this Application as described in these Terms and on this Application.
Terms
All provisions applicable to the use of this Application and/or the Service as described in this document,
including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Application.
Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally,
acts for purposes outside their trade, business, craft or profession.
Latest update: January 07, 2023
Terms and Conditions of
www.casaarteitalia.com/
These Terms govern
the use of this Application, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
casaarteitalia - C. Tahoyo, 1, 35541 Máguez, Las Palmas
Owner contact email: info@casaarteitalia.com
What the User should know at a glance
Please note that some provisions in these Terms may only apply to certain categories of Users. In
particular, certain provisions may only apply to Consumers or to those Users that do not qualify as
Consumers. Such limitations are always explicitly mentioned within each affected clause. In the
absence of any such mention, clauses apply to all Users.
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly
called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within
this document.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this
Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are
additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or
provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no
applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a
result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly
asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the
Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below),
modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create
derivative works from the content available on this Application, nor allow any third party to do so through the
User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may download, copy and/or share some content
available through this Application for its sole personal and non-commercial use and provided that the
copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Access to external resources
Through this Application Users may have access to external resources provided by third parties. Users
acknowledge and accept that the Owner has no control over such resources and is therefore not responsible
for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible
grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of
those, applicable statutory law.
Acceptable use
This Application and the Service may only be used within the scope of what they are provided for, under
these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application and/or the Service violates no
applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate
interests including by denying Users access to this Application or the Service, terminating
contracts, reporting any misconduct performed through this Application or the Service to the
competent authorities – such as judicial or administrative authorities - whenever Users engage
or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on this Application, as part of the Service, are provided on the basis of
payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the
dedicated sections of this Application.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and
are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible,
representation on this Application through any means (including, as the case may be, graphic material,
images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the
purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Users may place the order
by submitting it.
Order submission
When the User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the User the
obligation to pay the price, taxes and possible further fees and expenses, as specified on the order
page.
In case the purchased Product requires active input from the User, such as the provision of personal
information or data, specifications or special wishes, the order submission creates an obligation for the
User to cooperate accordingly.
Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by
the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and
costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User
is browsing.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related
information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not
collect any payment information – such as credit card details – but only receives a notification once the
payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment service provider, the Owner
shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed
or refused payment shall be borne by the User.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become
the User’s property.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using
the contact details provided in this document or as described in the delivery note. Users may refuse to
accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this Application.
Delivery times are specified on this Application or during the purchasing process.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the
execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if
the latter is arranged by the User.
If the goods are not received or collected at the time or within the deadline specified, the goods will be
returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the
future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified
below (generally 14 days), for any reason and without justification. Users can learn more about the
withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a
statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance
contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their
intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this
document. Users are, however, free to express their intention to withdraw from the contract by making an
unequivocal statement in any other suitable way. In order to meet the deadline within which they can
exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the
User or a third party – other than the carrier and designated by the User – takes physical possession of
the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of
purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal
period expires 14 days after the day on which the User or a third party – other than the carrier and
designated by the User – acquires physical possession of the last good, lot or piece.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the
Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least
expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the
day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise
agreed with the User, reimbursements will be made using the same means of payment as used to process
the initial transaction. In any event, the User shall not incur any costs or fees as a result of such
reimbursement.
...on the purchase of physical goods
Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the
Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event
within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before
the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until
reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the
earliest.
Users shall only be liable for any diminished value of the goods resulting from the handling of the goods
outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User .
Legal guarantee of conformity for goods
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods
they sell. This means that traders must ensure that the goods purchased have the promised quality, or the
quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve
been delivered to the purchaser.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the
items available on this Application in accordance with the laws of the country of their habitual residence.
National laws of such country may grant such Users broader rights.
Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in
accordance with the legislation of the country of their habitual residence.
Applicability extension to non-EU consumers
Without prejudice to any more favourable guarantee-of-conformity rights that Users might benefit from
according to the legislation applicable to them, the Owner contractually extends the statutory guarantee-of-
conformity regime applicable in the country of its registered offices to Consumers in general.
Liability and indemnification
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy
which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and
Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the
fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable
right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole
discretion, to the re-performance of the services or the payment of the cost of having the services supplied
again.
US Users
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is
at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly
disclaims all conditions, representations, and warranties — whether express, implied, statutory
or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a
particular purpose, or non-infringement of third-party rights. No advice or information, whether
oral or written, obtained by user from owner or through the Service will create any warranty not
expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,
directors, agents, co-branders, partners, suppliers and employees do not warrant that the
content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the
Service will be available at any particular time or location, uninterrupted or secure; that any
defects or errors will be corrected; or that the Service is free of viruses or other harmful
components. Any content downloaded or otherwise obtained through the use of the Service is
downloaded at users own risk and users shall be solely responsible for any damage to Users’
computer system or mobile device or loss of data that results from such download or Users’ use
of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the Service or any hyperlinked website or
service, and the Owner shall not be a party to or in any way monitor any transaction between
Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Users’ web browser,
mobile device, and/or operating system. The owner cannot be held liable for any perceived or
actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of
certain implied warranties. The above exclusions may not apply to Users. This Agreement gives
Users specific legal rights, and Users may also have other rights which vary from state to state.
The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by
applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including
without limitation damages for loss of profits, goodwill, use, data or other intangible losses,
arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access
or use of the Service or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from User access
to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal
information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the
Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the
use of any content posted, emailed, transmitted, or otherwise made available through the
Service; and/or
the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the
Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees be liable for any claims, proceedings, liabilities, obligations,
damages, losses or costs in an amount exceeding the amount paid by User to the Owner
hereunder in the preceding 12 months, or the period of duration of this agreement between
the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, therefore the above limitations or exclusions may not apply to User. The terms give
User specific legal rights, and User may also have other rights which vary from jurisdiction to
jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not
apply to the extent prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates,
officers, directors, agents, co-branders, partners, suppliers and employees harmless from and
against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt,
and expenses, including, but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or
received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the
representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy
or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s
unique username, password or other security measure, if applicable, including, but not
limited to, misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by User or its affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any
such right or provision. No waiver shall be considered a further or continuing waiver of such term or any
other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for
maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the
Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or
information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such
as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its
Service without the Owner’s express prior written permission, granted either directly or through a legitimate
reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as
copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive
property of the Owner or its licensors and are subject to the protection granted by applicable laws or
international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks,
illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive
property of the Owner or its licensors and are subject to the protection granted by applicable laws or
international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the
Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish
to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may
entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can
obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into
force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or
obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding
changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written
permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent using the contact information stated
in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law,
the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions,
which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent
reasonably required to render it valid, enforceable and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and
supersede all other communications, including but not limited to all prior agreements, between the parties
with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do
their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting
the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable
statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of
these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the
Agreement, or of such importance that the parties would not have entered into the contract if they had
known that the provision would not be valid, or in cases where the remaining provisions would translate into
an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant
section of this document, without regard to conflict of laws principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual
residence in a country where the law provides for a higher consumer protection standard, such higher
standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with
the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Exception for European Consumers
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in
Switzerland, Norway or Iceland.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy
regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the
contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related
order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 2 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that
facilitates an out-of-court method for solving disputes related to and stemming from online sale and service
contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such
platform for resolving disputes stemming from contracts which have been entered into online. The platform
is available at the following link.
Definitions and legal references
This Application (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Business User
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User is physically present or has their registered offices within the EU, regardless of
nationality.
Example withdrawal form
Addressed to:
casaarteitalia - C. Tahoyo, 1, 35541 Máguez, Las Palmas
info@casaarteitalia.com
I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the
provision of the following service:
_____________________________________________ (insert a description of the goods/services that are subject to
the respective withdrawal)
Ordered on: _____________________________________________ (insert the date)
Received on: _____________________________________________ (insert the date)
Name of consumer(s):_____________________________________________
Address of consumer(s):_____________________________________________
Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
Product
A good or service available for purchase through this Application, such as e.g. physical goods, digital files,
software, booking services etc.
The sale of Products may be part of the Service.
Service
The service provided by this Application as described in these Terms and on this Application.
Terms
All provisions applicable to the use of this Application and/or the Service as described in this document,
including any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Application.
Consumer
Any User qualifying as a natural person who accesses goods or services for personal use, or more generally,
acts for purposes outside their trade, business, craft or profession.
Latest update: January 07, 2023