1. General provisions
1.1. These general conditions of sale (hereinafter, “General Conditions”) govern all sales of Caiya products (hereinafter, “Products” or “Product”) concluded remotely on the website (hereinafter, the “Site”).
1.2. The distance selling service governed by the General Conditions is reserved for consumers, meaning by “consumers” the natural persons, over 18 years of age, who act for purposes unrelated to their commercial, entrepreneurial, craft or professional activity (hereinafter, “Customers” or “Customer”).
1.3. The language used for the conclusion of sales contracts through this Site is Italian.
1.4. Customers are required to carefully read the General Conditions, available on the Site, in order to become aware of them, to memorize and reproduce them. Caiya (as defined below) will send a copy of the General Conditions to the Customer pursuant to the provisions of the following article 5.10 of these General Conditions. Contracts concluded with Customers will be archived by Caiya for the period provided for by current legislation.

2. Indentification of the seller
2.1 The seller is CAIYA DELICOUS, based in Italia, Via Ferraris, 6, 80022, Arzano P.IVA 09895471218, in the person of its legal representative Elvira Crispino, e-mail: assistenza@caiya.it, PEC: elvira.crispino@pec.it, hereinafter referred to as “Caiya” or “Seller”.

3. Information relating to products and their availability
3.1. The information relating to the Products, together with the Product codes and their price, are available on the Site.
3.2. The Products available on the Site represent a selection of the items normally available. The graphic representation of the Products displayed on the Site may differ from reality for reasons related to the software programs and the graphics of the hardware tool used; the Customer must therefore rely exclusively on the description of the Product and on the characteristics of it shown on the Site.
3.3. Caiya reserves the right to limit, at any time, the quantity and / or type of Products that can be purchased on the Site. The models and colors of the Products described on the Site may be changed without notice. During the purchase process, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified via an automatic message. Caiya is not liable to the Customer in the event of unavailability of a Product if this occurs before the conclusion of the contract.
3.4. The Customer may enter in the order, for each Product, a maximum of pieces corresponding to the number of pieces available on the site at the time of purchase.
3.5. Caiya is in no case responsible for any errors resulting from the failure of the Client’s connection to the Site.

4. Price
4.1. The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Delivery costs must be added to the price of the Products, indicated separately in the order form.
4.2. Caiya constantly checks the accuracy of the prices indicated on the Site; however, it is not possible to guarantee the absence of errors. In the event that an error is found in the indication of the price of a Product, Caiya will reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is found only after the order has been accepted, Caiya will offer the Customer the possibility to cancel the order.
4.3. The price of the product indicated on the site is final, except in the case in which – for exceptional situations – Caiya considers it appropriate to submit the price to revision. Exceptional conditions are considered, by way of example and not strictly speaking, the sudden and not agreed change in the price of the product by the supplier, the sudden change in customs rates or currency changes and in any case in shipping costs in general. In exceptional cases of price revision, the Parties expressly undertake to carry out the renegotiation of the price through an exchange of e-mails in a correct and good faith manner, taking into consideration the documentation produced and certifying the exceptional situations that led to this revision.

5. How to conclude the contract with seller
5.1. The Site reports the essential characteristics and the price of each Product. The information on the Site does not constitute an offer by Caiya.
5.2. Before sending an order through the Site, the Customer is required to carefully read all the instructions provided during the purchase procedure (also regarding delivery costs, the conditions for exercising the right of withdrawal and the Privacy Policy) as well as these General Conditions.
5.3. To make the purchase of a Product, the Customer must (i) inser the selected Product in the Cart by clicking on the appropriate button; (ii) proceed with order, (iii) intert billing details, (iv) select the payment and delivery methods, (v) accept the General Conditions and (vi) send the order to Caiya through the Site.
5.4. The transmission of the order constitutes a purchase relating to the selected Product, governed by these General Conditions and binding on the Customer (without prejudice to the right of withdrawal provided for in article 10 below). The transmission of the order by the Customer involves the latter’s obligation to pay the price of the Product, or Products, ordered.
5.5. Before submitting the order, the Customer has the possibility to make any corrections / changes to the data entered by following the appropriate procedure indicated on the Site (by way of example and not exhaustive, the Customer has the right to change the quantity of the Products that intends to purchase by adding or deleting one or more Products from the “Cart”).
5.6. Without prejudice to the use of personal data described in the Privacy Policy, the form with the order and the customer data relating to the order may be kept by Caiya for the period of time required by current legislation.
5.7. Within 30 days, Caiya may, at its discretion, refuse an order (in this case, no amount will be due by the Customer to Caiya, with the exception, possibly, of the sums indicated in the following article 6); the refusal can take place, among other things, in the following cases: (i) in case of unavailability of the Products (without prejudice to the provisions of article 3.3); or (ii) in the event that there is a report, or suspicion, of fraudulent or illegal activity, including the suspicion that purchases are made for commercial purposes; (iii) in case of non-fulfillment by the Customer of its obligations deriving from a previous contract concluded with Caiya.
5.8. The contract between Caiya and the Customer is concluded when the Customer receives confirmation from Caiya of the acceptance of the order forwarded through the procedure provided on the Site. Acceptance (or rejection) by Caiya of the order will be sent to the Customer at the e-mail address indicated by the Customer in the order (“Billing Details”).
5.9. In case of unavailability of one or more products ordered, the customer will be notified by e-mail. In case of partial acceptance, the customer service will cancel the order (also automatically canceling the authorized amount on the card) and agree with the customer how to create a new order: option 1: the customer will proceed to create a new order independently through the normal purchase procedure provided by the site. option 2: the customer service prepares a new order and sends the customer a link through which the customer (without having to go to the site) can finalize the new order.
5.10. In accordance with the provisions of Article 51, paragraph 7, of the Consumer Code, as defined below, the Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods , information relating to delivery costs, the conditions and methods of exercising the right of withdrawal, the indication of an address to which complaints can be made, information on after-sales assistance services and existing commercial guarantees and a copy of these Conditions General.
5.11. The risk of loss or damage to the Products is transferred to the Customer when the latter (or a third party designated by the Customer and other than the carrier) materially comes into possession of the Product.

6. Terms of payment
6.1. The Customer may pay the amount relating to the Products contained in the order proposal and the shipping costs by credit card (Stripe) and / or bank transfer.
6.2. Caiya accepts payments made using the following credit cards: – Visa; – MasterCard; – American Express; – Discover; – Master.
6.3. In the event that, for any reason, within 7 (seven) working days from the date of the Order Confirmation it is not possible to charge the credit card the amounts due by the Customer, it will not be possible to execute the contract and the order is considered canceled.

7. Transport and delivery
7.1. Caiya delivers the Products to Italy and in the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romani, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland , Turkey, Hungary. The Products will be delivered to the address indicated by the Customer in the order proposal. No deliveries are made to post office boxes.
7.2. Delivery costs are charged to the customer.
7.3. If you purchase at least one Box, shipping is free on the entire cart, with the exception of some extremely disadvantaged locations or smaller islands where the couriers added a surplus. Throughout Europe, shipping CANNOT be free – even if you order a Box – and the total cost is calculated at checkout.
7.4. The purchased products will be delivered by courier selected by Caiya (hereinafter “Courier”) on working days (with the exclusion, therefore, of Saturdays, Sundays and local or national holidays).
7.5. The Customer (or his / her delegate) is required to check, upon delivery of the Products by the Courier: that the number of packages delivered corresponds to that indicated in the delivery note; and that the packaging and its seals are intact, not damaged, not wet or altered in any way. Any damage to the packaging and / or the Product or the mismatch in the number of packages or indications must be immediately reported in writing on the Courier’s delivery note. Where permitted by current legislation, once the Courier’s document has been signed without the Customer having raised any objections, the Customer will not be able to make any objection regarding the external characteristics of the delivered package; it is understood that the Customer may also raise objections subsequently in accordance with the provisions of the following article 12 if such disputes concern other profiles.

8. Confirmation of dispatch and delivery
8.1. Caiya will send the Client an e-mail confirming the Shipment after the Products have been shipped.

9. Packaging or packaging
9.1. The Products purchased on the Website are delivered using the normal packaging commonly used by Caiya, unless otherwise indicated.

10. Right of withdrawal
10.1. Pursuant to Article 52 of the Consumer Code, as defined below, the Client has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Client (or his/her authorized representative upon receipt of the Product) takes physical possession of the Product itself and, in the event of shared delivery, from the day on which the Customer acquires physical possession of the last Product.
10.2. In order to exercise the right of withdrawal, the Client must send by e-mail or traditional mail, within the deadline provided for in Article 10.1 above: a communication highlighting the Client’s intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; this communication must contain the following information: (i) indication of the Product for which the Client wishes to exercise the right of withdrawal; (ii) Order Number. The communication should be sent to the following address: assistenza@caiya.it
10.3. Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with Article 10.2 above) the Client must return the purchased Product to Caiya by sending it to the following address, choosing the most appropriate shipping method for the value of the Product: Via Ferraris, 6, 80022, Arzano (NA). The costs for returning the Product to Caiya shall be borne by the Customer. The Client is solely responsible for any decrease in the value of the Product resulting from handling of the Product other than that necessary to ascertain its nature, characteristics and functioning; therefore, the Customer is required not to remove any labels applied to the Product.
10.4. Caiya will reimburse in full the sums paid by the Client, including any reasonable delivery costs, without undue delay and in any case no later than 14 (fourteen) days from the date on which Caiya was informed of the Client’s decision to withdraw from the contract in accordance with this Article 10. Such refund will be made by Caiya using the same payment methods used by the Client for the initial transaction, unless otherwise expressly agreed between the parties and provided that the Client shall not incur additional costs in relation to such refund.
10.5. Caiya may suspend the refund until Caiya has received the returned Product or, if it occurs prior to such receipt, until the Client provides proof that he has sent back the Product.
10.6. Once the Product has been shipped, the order can no longer be cancelled or modified. The return of Products already shipped must be carried out in any case in accordance with the procedure provided for in this Article 10.

11. Lack of conformity
11.1. Should the Client believe that there is a defect in a Product sold by Caiya, the Client is required to contact online support, by e-mail or by post, at the addresses indicated below: assistenza@caiya.it ; Via Ferraris, 6, 80022, Arzano (NA), no later than 8 (eight) days from the delivery of the Product.
11.2. In the event that the customer reports the defect in the terms set out in Article 11.1 above, Caiya will repair or replace the Product.

12. Applicable law and jurisdiction
12.1. These General Terms and Conditions and, consequently, the contracts concluded with the Customers, are governed by Italian law and must be interpreted on the basis of it (including Legislative Decree no. 206 of 6 September 2005, “Consumer Code” and, in particular, “Chapter I, Title III of Part III” as well as Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”).
12.2. Any dispute arising from the interpretation, validity and/or execution of these General Conditions, as well as from the interpretation, execution, and violation of purchase contracts stipulated “online” through the Seller’s Website is subject to Italian jurisdiction, also in accordance with the provisions of Article 3 of Convention No. 80/934/EEC of 19 June 1980 (Rome Convention), on the law applicable to contractual obligations; these General Terms and Conditions for anything not expressly provided for therein, reference is made to Legislative Decree no. 206 of 6 September 2005, Legislative Decree no. 206 of 06/09/2005 (Consumer Code).
12.3. Any dispute arising from the interpretation, validity and/or execution of these General Terms and Conditions shall be subject to the mandatory jurisdiction of the court of the Client’s place of residence or domicile.

13. Privacy
13.1. The Client may obtain information on how Caiya processes personal data by accessing the Privacy Policy.
13.2. For any other information on our Privacy Policy, you can send requests to the following email address: assistenza@caiya.it