Refund policy

Terms of Service

OVERVIEW

Welcome to Casa Capaldi! The terms “we”, “us” and “our” refer to Casa Capaldi. Casa Capaldi operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Casa Capaldi is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://casacapaldi.com/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.


SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years of age and legally capable of entering into a binding contract.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.


SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

Alcohol sales
The sale of alcohol is restricted to individuals aged 18 or older. By placing an order with Casa Capaldi, you confirm that you are at least 18 years of age. We reserve the right to refuse or cancel orders if this requirement is not met.


SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Casa Capaldi reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Casa Capaldi confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Casa Capaldi may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Returns & Refunds Policy (https://casacapaldi.com/policies/refund-policy).

EU consumer right of withdrawal
If you are a consumer in the European Union, you generally have a legal right to withdraw from your purchase within 14 days of delivery, subject to applicable legal exceptions. Please see our Returns & Refunds Policy for details and instructions: https://casacapaldi.com/policies/refund-policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.


SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices shown on our store are in euros and include VAT (where applicable), unless stated otherwise. Shipping costs and any additional charges (if applicable) are shown during checkout before you complete your purchase.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.


SECTION 5 - SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Risk of loss passes to you upon delivery of the products to the address provided, in accordance with applicable consumer protection laws. Nothing in this section affects your mandatory consumer rights under applicable law.


SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Casa Capaldi, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Casa Capaldi, Shopify or any third party. Unauthorized use of the Services may be a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved by Casa Capaldi.

Casa Capaldi’s names, logos, product and service names, designs, and slogans are trademarks of Casa Capaldi or its affiliates or licensors. You must not use such trademarks without the prior written permission of Casa Capaldi. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.


SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.


SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Casa Capaldi is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Casa Capaldi. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Casa Capaldi, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Casa Capaldi.


SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://casacapaldi.com/policies/privacy-policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here: https://privacy.shopify.com/en. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information: https://casacapaldi.com/policies/privacy-policy.

Depending on where you live, you may exercise certain rights with respect to your personal information via Shopify’s privacy portal: https://privacy.shopify.com/en.


SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.


SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).


SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Casa Capaldi, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.


SECTION 14 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Legal guarantee (EU consumers)
Nothing in these Terms limits or excludes any mandatory consumer rights under applicable law. If you are a consumer in the European Union, you are entitled to the legal guarantee of conformity for goods, meaning products must match the description and be fit for normal use in accordance with applicable consumer protection laws.


SECTION 15 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is made available for general informational purposes only. While we strive to ensure that the information is accurate and up to date, we make no representations or warranties of any kind regarding the accuracy, completeness, reliability, or usefulness of such information. Any reliance you place on the Services or the information provided therein is strictly at your own risk.

To the fullest extent permitted by applicable law, Casa Capaldi disclaims all liability and responsibility arising from any reliance placed on the Services or their contents by you or any other user, or by anyone who may be informed of any part of the Services.

Except as expressly stated by Casa Capaldi, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, whether express or implied. This includes, without limitation, any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow limitations on implied warranties or conditions, so the above disclaimer may not apply to you. Nothing in these Terms excludes or limits liability where doing so would be unlawful, nor does it affect your mandatory statutory rights as a consumer under applicable law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall Casa Capaldi, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products purchased through the Services, or for any other claim related in any way to your use of the Services or any product.

This limitation applies even if Casa Capaldi has been advised of the possibility of such damages. Nothing in these Terms excludes or limits liability where doing so would be unlawful, nor does it limit your mandatory rights as a consumer under applicable law.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Casa Capaldi, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. Your breach of these Terms of Service or any documents incorporated by reference;

  2. Your violation of any applicable law or the rights of a third party; or

  3. Your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced. We reserve the right to control the defense and settlement of any such claim at your expense, including the choice of legal counsel. We will not settle any claim that imposes non-monetary obligations on you without your prior consent, which shall not be unreasonably withheld. You agree to cooperate fully in the defense of any such claims.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity or enforceability of the remaining provisions.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

The failure of Casa Capaldi to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted on this website or relating to the Services, constitute the entire agreement and understanding between you and Casa Capaldi and govern your use of the Services.

They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without the prior written consent of Casa Capaldi. Any attempt to do so without such consent shall be null and void. Casa Capaldi may assign, transfer, or delegate these Terms and its rights and obligations without restriction or notice to you.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or relating to these Terms or the Services shall be submitted to the competent courts of the Netherlands.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to review the Terms periodically for changes.

We will notify you of any material changes in accordance with applicable law. Continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at:

Casa Capaldi
Email: casacapaldi@outlook.com
Address: Utrechtsestraat 101D, 1017 VK Amsterdam, The Netherlands
KvK: 96308826
VAT: NL005201224B93

Customer Service and Complaints

If you have any questions, complaints, or issues regarding an order, please contact us at casacapaldi@outlook.com. We aim to respond within a reasonable timeframe.

If you are a consumer residing in the European Union and a dispute cannot be resolved directly with us, you may be entitled to use the EU Online Dispute Resolution (ODR) platform or other applicable alternative dispute resolution mechanisms.