Algemene voorwaarden

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.

Casa Capaldi is powered by Shopify, which enables us to provide our online store and related services to you.

These Terms of Service, together with any policies referenced herein, describe your rights and responsibilities when you visit, interact with, or use our website and services.

Please read these Terms of Service carefully, as they include important information about your legal rights, our products, orders, payments, delivery, returns, and limitations of liability.

By visiting, interacting with, or using our website and services, you agree to be bound by these Terms of Service and our Privacy Policy, which can be viewed at:

https://casacapaldi.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our website or services.

SECTION 1 - ACCESS AND ACCOUNT

By using our services, you confirm 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 store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing details, payment information, and shipping information.

You represent and warrant that all information you provide to us is correct, current, and complete, and that you have all rights necessary to provide this information.

You are responsible for maintaining the security of your account credentials and for all activity under your account. 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 store. However, please note that product images, colors, labels, or packaging may appear differently depending on the device, screen, or settings you use to access our website.

Product descriptions, tasting notes, food pairing suggestions, and serving recommendations are provided for general information purposes only. Taste preferences are personal, and we cannot guarantee that a product will meet every individual expectation.

All product descriptions, prices, and availability 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 products offered or sold.

Legal guarantee for EU consumers

Nothing in these Terms of Service limits or excludes any mandatory consumer rights under applicable Dutch or European Union law.

If you are a consumer in the European Union, you are entitled to the legal guarantee of conformity for goods. This means that products purchased from Casa Capaldi must match their description, be fit for normal use, and meet the quality and characteristics that you may reasonably expect.

If a product does not conform to the contract at the time of delivery, you may be entitled to a repair, replacement, price reduction, or refund in accordance with applicable law.

These statutory rights apply independently of, and in addition to, our Returns and Refunds Policy.

Alcohol sales

Casa Capaldi sells alcoholic beverages. The sale of alcoholic beverages is restricted to individuals aged 18 years or older.

By placing an order with Casa Capaldi, you confirm that you are at least 18 years old. Before completing your purchase, you may be required to actively confirm your age.

Age verification may also take place upon delivery. Alcoholic beverages will only be delivered to the address provided by the customer or to an official pickup point, and only to a person aged 18 years or older. The delivery carrier may request valid identification.

Alcoholic beverages cannot be delivered to minors, to neighbours, or to locations where age verification cannot be properly carried out.

We reserve the right to refuse or cancel orders if the legal age requirement is not met or if delivery cannot be completed in accordance with applicable alcohol laws.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase products from Casa Capaldi.

Casa Capaldi reserves the right to accept or decline your order for any reason, including but not limited to product availability, suspected fraud, incorrect pricing, incorrect product information, delivery restrictions, or failure to meet legal age requirements.

Your order is not accepted until Casa Capaldi confirms acceptance of the order. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. Once an order has been accepted, we may be unable to accommodate cancellation requests if the order has already been processed or shipped.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, phone number, or other contact details provided at the time of the order.

Your purchases are subject to return or exchange in accordance with our Returns and Refunds Policy, which can be viewed at:

https://casacapaldi.com/policies/refund-policy

EU consumer right of withdrawal

If you are a consumer in the European Union, you have the legal right to withdraw from your online purchase within 14 days of delivery, without giving any reason, subject to applicable legal exceptions.

Full details, including instructions on how to exercise your right of withdrawal, can be found in our Returns and Refunds 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

All prices shown on our online store are in euros and include VAT where applicable, unless explicitly stated otherwise.

Shipping costs and any additional charges are displayed during checkout before you complete your purchase.

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price shown at the time the order is placed and confirmed in your order confirmation email.

Prices shown in our online store may differ from prices offered through other sales channels, physical stores, events, or third-party platforms.

We may offer promotions from time to time. Promotions may be governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that:

the payment information you provide is true, correct, and complete;

you are authorized to use the selected payment method;

charges incurred by you will be honored by your payment provider;

you will pay all charges incurred at the posted prices, including shipping costs and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times shown on our website or during checkout are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, incorrect delivery information provided by the customer, failed delivery attempts, age verification issues, or events outside our reasonable control.

Risk of loss and damage to the products passes to you at the moment the products are delivered to the address specified by you, in accordance with applicable consumer protection laws.

If a package is returned to us because delivery could not be completed due to incorrect address details, absence, refusal of delivery, or failure to complete age verification, we may charge additional shipping costs for resending the order.

Nothing in this section limits or excludes any mandatory consumer rights under applicable Dutch or European Union law.

SECTION 6 - INTELLECTUAL PROPERTY

Our services, including but not limited to all trademarks, brand names, text, product descriptions, images, graphics, logos, videos, audio, layout, design, and arrangement thereof, are owned by Casa Capaldi, its affiliates, partners, or licensors and are protected by applicable intellectual property laws.

These Terms of Service permit you to use our website and services for your personal, non-commercial use only.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our website without our prior written consent.

Except as expressly provided in these Terms of Service, nothing grants you any license or other rights under any trademark, copyright, patent, or other intellectual property right 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 are reserved by Casa Capaldi.

Casa Capaldi’s name, logo, product names, service names, designs, and slogans are trademarks or brand assets of Casa Capaldi. You may not use them without our prior written permission.

Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, 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 our services. We do not monitor, control, or have input over such third-party tools.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools, to the fullest extent permitted by applicable law.

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

We may offer new features, tools, or resources through the services in the future. Such new features shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our services may contain materials, integrations, or hyperlinks to websites provided or operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party materials or websites.

If you decide to leave our website to access third-party materials or websites, you do so at your own risk.

We are not liable for any harm, damages, or losses related to your access to third-party websites or your purchase or use of products, services, resources, or content from third parties.

Please review the third party’s policies and practices carefully before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Casa Capaldi is powered by Shopify, which enables us to provide our online store and services to you.

However, any sales and purchases you make through our store are made directly with Casa Capaldi.

By using our 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.

To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Casa Capaldi.

Nothing in this section limits or excludes any mandatory consumer rights under applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the services is subject to our Privacy Policy, which can be viewed at:

https://casacapaldi.com/policies/privacy-policy

Because the services are hosted by Shopify, certain personal information may also be processed by Shopify in accordance with Shopify’s Privacy Policy, which can be viewed at:

https://privacy.shopify.com/en

By using our services, you acknowledge that you have read our Privacy Policy.

Information you submit through our website may be transmitted to and shared with Shopify and with third-party service providers that help us operate our store, process payments, fulfil orders, provide shipping services, and improve our services.

These parties may be located in countries other than the country in which you reside. Please review our Privacy Policy for more information on how we, Shopify, and our partners process personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content to us, collectively referred to as “Feedback”, you grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback for the purpose of operating, improving, promoting, and providing our services.

You represent and warrant that:

you own or have all necessary rights to provide the Feedback;

you have disclosed any compensation or incentives received in connection with your Feedback;

your Feedback complies with these Terms of Service and applicable law.

We are under no obligation to maintain Feedback in confidence, pay compensation for Feedback, or respond to 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, defamatory, obscene, misleading, infringing, or otherwise objectionable.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for the Feedback you provide and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on our website or services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping costs, transit times, availability, or other information.

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, including after you have submitted an order.

If an order is cancelled after payment has been made, we will refund the amount paid in accordance with applicable law.

Nothing in this section limits or excludes any mandatory consumer rights under applicable Dutch or European Union law.

SECTION 13 - PROHIBITED USES

You may access and use our services for lawful purposes only.

You may not access or use the services, directly or indirectly:

for any unlawful, fraudulent, or malicious purpose;

to violate any applicable law, regulation, rule, or ordinance;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person;

to transmit false or misleading information;

to upload, download, transmit, or reuse any material that does not comply with these Terms of Service;

to transmit or procure the sending of unsolicited advertising or promotional material, including junk mail, chain letters, spam, or similar solicitation;

to impersonate or attempt to impersonate another person or entity;

to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the services;

to upload or transmit viruses, malware, or any other malicious code;

to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services without our written permission;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, scrape, or use automated systems without permission;

to interfere with or circumvent the security features of the services or any related website.

We reserve the right to suspend, disable, or terminate your access to the services if we determine that you have violated any part of these Terms of Service.

SECTION 14 - TERMINATION

We may terminate this agreement or your access to the services, or any part thereof, at any time if we determine that you have violated these Terms of Service or applicable law.

You will remain liable for all amounts due up to and including the date of termination.

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

Nothing in this section limits or excludes any mandatory consumer rights under applicable Dutch or European Union law.

SECTION 15 - DISCLAIMER OF WARRANTIES

The information presented on or through our services is made available for general information purposes only.

While we aim to ensure that all information is accurate and up to date, we do not warrant the accuracy, completeness, reliability, or usefulness of any information on our website.

Any reliance you place on such information is at your own risk.

Except as expressly stated by Casa Capaldi, and to the fullest extent permitted by applicable law, the services and products offered through the services are provided without any warranties or conditions of any kind, whether express or implied.

We do not guarantee, represent, or warrant that your use of the services will be uninterrupted, timely, secure, or error-free.

Nothing in these Terms of Service excludes or limits any mandatory consumer rights, legal guarantees, or protections under applicable Dutch or European Union law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Casa Capaldi, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and those of Shopify and its affiliates shall not be liable for any 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 similar damages arising from your use of the services or products purchased through the services.

Nothing in these Terms of Service excludes or limits liability where such exclusion or limitation is not permitted under applicable law.

Nothing in these Terms of Service limits your mandatory rights as a consumer under applicable Dutch or European Union 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 losses, damages, liabilities, claims, or expenses, including reasonable legal fees, arising out of or related to:

your breach of these Terms of Service or any documents incorporated by reference;

your violation of any applicable law or the rights of a third party;

your misuse of the services.

We will notify you of any claim for which indemnification is sought, provided that failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claim, but we will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of such claims.

Nothing in this section limits or excludes any mandatory consumer rights under applicable law.

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 of Service.

Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 - WAIVER AND ENTIRE AGREEMENT

The failure of Casa Capaldi to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or operating rules posted by us 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 Casa Capaldi, including any prior versions of these Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms of Service without our prior written consent.

Any attempt to do so without our consent shall be null and void.

Casa Capaldi may transfer, assign, or delegate these Terms of Service and its rights and obligations, provided that this does not reduce your mandatory consumer rights under applicable law.

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.

Nothing in this section limits any mandatory rights that consumers may have under applicable consumer protection laws, including the right to bring a claim before a competent court where such right cannot be excluded by contract.

SECTION 22 - HEADINGS

The headings used in these Terms of Service 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 can review the most current version of these 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 of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

We will notify you of any material changes where required by applicable law.

Your continued use of or access to the services following the posting of any changes to these Terms of Service 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 in the European Union and a dispute cannot be resolved directly with us, you may be entitled to use applicable alternative dispute resolution mechanisms under consumer protection law.