General terms and conditions

General contract conditions

General information

The products presented on the e-commerce website www.cavallonero.it are offered by EAGLE ENTERPRISE S.R.L, company registered with the VERONA Trade Register with tax code 04598380238 and VAT no. IT04598380238. The registered office is in Via Villavella 18, San Bonifacio 37047 (VR), Italy ("Cavallo Nero"). The e-mail address is info@cavallonero.it. The telephone number is +39 0458531415. Purchases made using the Internet on the e-commerce website are regulated by the Italian law and these contractual conditions, provided on the website when the order is made ("General Conditions"). Any dispute that may arise on the completion, interpretation and execution of a sale stipulated via Cavallo Nero e-commerce will be referred to the sole jurisdiction of the Italian judicial authorities.

Users and Orders

Only end consumers may use the Cavallo Nero e-commerce website. End consumers are natural persons of age who act with purposes not concerning a business, entrepreneurial, artisan and/or professional activity carried on, and who fall within the definition of "consumers" contained in Italian Legislative Decree 206/2005 as amended (the "Consumer Code"). Cavallo Nero may not process the order and/or may consider it ineffectual when there is no possibility to verify that the shipping address and invoicing information is correct, or if the order has been made for the purpose of re-sale, in which case Cavallo Nero reserves the right to terminate the contract with immediate effect and with simple notification in writing sent by e-mail.

Prices

The purchase prices of the Cavallo Nero products will be specific for each country from which the order arrives and will include any taxes due. Cavallo Nero may apply special promotions to one or more products on the website that alter their prices. The essential characteristics of the products and prices are provided on the product sheet on the website, to which the user must gain access before executing the order. The images of the products might not fully match the actual products.

Shipments

Costs for shipping the product will be borne by the user of the e-commerce service, and they will be explicitly indicated at the time the product is purchased. Cavallo Nero undertakes to enter into a shipping contract with a primary company as the user's appointee, taking the conditions the carrier applies into account. The user:

Filling in orders

To finalise the purchase contract, the user has to complete the order procedure by filling in all sections on the website and confirm payment for the order on the website of the selected payment entity. It is understood that orders coming from countries other than those indicated and having characteristics different from those described above (in terms of quantity and shipping address) shall in no case whatsoever be accepted.

Instructions for filling in orders and information

Before filling in the order, the user should go to the FAQ section where Cavallo Nero's identity and address, including e-mail address), shipping costs, all other information on executing the contract, right of withdrawal and methods and deadlines for returning the product if the right is exercised, and all the other information on the General Conditions. The user can store and/or print the General Conditions

Instructions for filling in orders and technical information

The user may also go to the FAQ section where further instructions to follow for finalising the contract and on technical means to use to correct any errors before forwarding the order can be found.

Orders and Information

Concise information on the product features, price, shipping costs, delivery method and payment for the product is provided during the order procedure.

Filling in orders and liability

To finalise the purchase contract, the order procedure and payment on the website of the selected entity must first be completed. Both operations must be carried out following the instructions provided on the website. If due to a typing error or for any other reason the user does not want to complete orders in terms of characteristics, quantities and/or prices, the user should not complete the procedure. The user is responsible for the correctness of the information provided during the order and payment procedure, and Cavallo Nero assumes no responsibility for "undesired" orders sent by error and/or by minors, and will execute them in compliance with the information provided by the user and may demand payment of the agreed-on consideration.If while filling in the order and finalising the contract the user should notice that the price of one or more products he or she plans to select for the next purchase is clearly lower than that normally applied, net of any discounts and/or promotions in effect at that time, due to an evident technical problem on the website, the user is asked to not complete the purchase order and to notify the above-mentioned technical error to Cavallo Nero by sending an e-mail to info@cavallonero.it. If the user has completed the purchase order and a product whose price is clearly lower than that normally applied, net of any discounts and/or promotions in effect at that time, due to an evident technical problem on the website:

Filing of orders

The order confirmation and relevant data are filed in the Cavallo Nero electronic data bank for the period necessary for processing the order, and however for the period required by law. The user will be sent an order confirmation via e-mail with all the reference data of the order. Registered users can also view these data in the My Cavallo Nero section.

Finalisation of contract

Lastly, the contract is finalised between the time Cavallo Nero electronically receives the order confirmation and the time Cavallo Nero receives confirmation of payment from the selected entity, subject to verification that the data entered are correct. Cavallo Nero is entitled to refuse the order by notifying such by e-mail within 2 days from its receipt, in the event of incorrect data or the forwarding of an incorrect and/or invalid credit card code to the selected entity.

Non-availability of products

If the products displayed on the Cavallo Nero e-commerce website are no longer available, Cavallo Nero will notify any non-availability of products in stock within 30 days from the date the order is received. If the product price has already been paid, Cavallo Nero will return the paid sum. In this case, Cavallo Nero shall owe nothing by way of compensation for damages or any other right.

Legal warranty

Cavallo Nero warrants compliance of its products with what is stated on the relevant product sheet displayed on the website for a period of two years, and in accordance with Art. 128-135 of the Italian Consumer Code to which the reader is referred. The warranty does not cover damage caused by mistreatment of the Products, misuse, accidents, water, solvents, wear and tear, damage caused by carriers and, in any case, damage arising from third-party factors not attributable to compliance defects of the products. Without prejudice to cases of fraud or gross negligence, damages caused by compliance defects of the Products and that consist of the loss of the product content and those consequent to the impossibility to use the product shall however not be refunded.

Additional warranty

In the case of compliance defect, and provided that this defect is not due to the same causes that debar the legal warranty pursuant to the foregoing article, the purchaser may exercise the additional warranty in place of the legal warranty, which is provided by Cavallo Nero by contacting the Cavallo Nero customer service department, which will report the claimed defect by e-mail. This warranty, which lasts two years from the date the purchase is made and that will be extended another 36 months if the user registers with the Cavallo Nero Club, involves releasing the user's claim from the periods of limitation provided for by Art. 132 of the Italian Consumer Code, if granted. The user will have the right to repair and/or replacement of the product and the relevant costs, including those covering transport, will be borne by Cavallo Nero. As an alternative, the user may also register online on the website www.cavallonero.it in the Cavallo Nero Club section, giving authorisation to the processing of personal data.

How to activate the additional warranty

The additional warranty is given only after the defect is reported and after submitting one of the following documents to Cavallo Nero, which are unavoidable conditions for gaining access to the service: warranty coupon inside the package with date of purchase confirmed by the reseller's stamp, receipt, invoice or e-commerce order code. It is necessary to totally fill in the specially provided request form and send it by e-mail to the Cavallo Nero customer service department. The form must be accompanied by one of the documents listed above. Only after the requested documents have been properly and totally received will Cavallo Nero issue a return authorisation number that the user must affix to the package with which the product is returned. In this case, the transport costs will be borne by Cavallo Nero. Warranty claims submitted in another manner will not be accepted. If, then, the user is mistakenly admitted to the service, Cavallo Nero may charge the user the transport costs borne. If the product arriving at Cavallo Nero is not covered by a warranty because there are no compliance defects attributable to Cavallo Nero described in point 13 above, the repair and/or replacement may however be carried out at the user's expense, provided the product is reparable and/or replacement is possible. In this case Cavallo Nero will send a repair and/or replacement cost estimate to the user, which has to be returned to Cavallo Nero by whoever is requesting the service by way of acceptance. No repair and/or replacement not covered by the warranty will be made without the prior consent of the person requesting it. The time required for repair and/or replacement varies, depending on the type of intervention and product availability. Repair under warranty is approximately carried out within 3 weeks from receipt of the product and/or, in the case of repairs not under warranty, from receipt of the user's approval in writing of the cost estimate. Repairs no under warranty will start only when Cavallo Nero receives the approval in writing of the cost estimate sent by the user.

Payments

Payment for online purchases made on the Cavallo Nero website can be made only with a Visa - Mastercard credit card through the Nexi (X-Pay) system, or by bank using the IBAN. The amount of the order will be debited on the credit car only at the time of shipment. Payment for orders is made outside the Cavallo Nero systems, so it is in no way the data controller or processor of the bank data or data of the credit card with which payment is made.

Withdrawal

The purchase has the right to withdraw from the contract stipulated with Cavallo Nero within 14 business days from delivery of the products without any penalty and/or justification. To exercise the right of withdrawal, the purchaser must send a notice by registered letter with advice of receipt, in which he or she explicitly declares the wish to return the product(s) ordered within 14 days from the date the goods are received. The notice may also be sent by e-mail provided it is confirmed with registered letter with advice of receipt within the following 48 hours. In the case multiple products have been purchased, withdrawal may be exercised also for just some of them. If the right of withdrawal is exercised, the user must return the purchased product to Cavallo Nero at his or her expense by sending it to Cavallo Nero within 14 days from the date the right of withdrawal is exercised. All goods must be sent to Cavallo Nero's address. In order to be able to return the purchased products, they must arrive at the above-mentioned address in a perfect state of preservation. The product must be sent back with the original product packaging and with the product tag. To return the product, the steps listed in the return procedure must be followed. They are found in the FAQ section.
>Exclusion of right of withdrawal for customised products and the Sartoria line The products the user ordered are customised and/or made to measure based on the selections the purchaser has made. For this reason the user's right of withdrawal is expressly excluded, pursuant and consequent to the effects of Art. 59, letter c) of the Italian Consumer Code.

Returns

The purchaser is responsible for returning the products packed in the original box in order to prevent the goods from arriving at destination in a deteriorated condition. Only if the original packing is unusable may the purchaser use another box that has the same size and sturdiness. Return shipments made with methods other than those specified above, the only ones authorised, will not be accepted. Products cannot be returned following withdrawal with costs borne by the recipient. Once the return has arrived at destination, Cavallo Nero will check the legitimacy of the return and once correctness of the operations has been checked, it will send the user a confirmation e-mail. The amount paid will be charged back through the system with which payment was made. The chargeback usually is made within 14 days from when Cavallo Nero is notified of the withdrawal and when Cavallo Nero has received the product returned by the purchaser, whichever is later.

Disputes

Every contract of sale finalised between Cavallo Nero and the purchaser pursuant to these General Conditions will be regulated and interpreted in compliance with Italian laws, and with the Italian Consumer Code in particular. In any case, the right attributed to the purchaser by binding provisions of law in effect in the purchaser's country will not be affected. The purchaser is entitled to go to the European Online Dispute Resolution platform (the European ODR Platform) to settle any dispute with Cavallo Nero. For more information about the European ODR Platform or to start an alternative termination procedure for a dispute regarding the contract with Cavallo Nero through it, the purchaser must go to the following link: http://ec.europa.eu/odr. Cavallo Nero's e-mail address to specify on the European ODR Platform is the following: info@cavallonero.it

Right of cancellation

The purchaser is entitled to withdraw from the contract entered into with Cavallo Nero within 14 working days from delivery of the merchandise without being liable to pay any penalty and/or give any grounds. In order to exercise his right to withdraw, the user must send, within 14 days from receipt of the merchandise, a notice by registered letter with return receipt in which he expressly declares that he wishes to return what was ordered. The notice may also be sent by e-mail provided that it is confirmed by registered letter with return receipt within the next 48 hours. If more than one product has been purchased, the right of withdrawal may only be exercised over some of them. When exercising the right of withdrawal, the user must return the merchandise purchased to Cavallo Nero at his own expense, sending the seller the items within 30 days from the date on which the right is exercised. All goods must be sent to the offices of EAGLE ENTERPRISE S.R.L.. To return the goods, the products purchased must reach the above-mentioned addresses in a normal state of preservation. The product must be sent back in its original packaging and accompanied by the product card. When returning the product, the user must follow the steps indicated in the return procedure. The merchandise must be packaged (at the purchaser’s expense) in the original box to avoid any damage during transportation. Only if the original box is no longer usable can a box of a similar size and strength be used. Consignments made using methods other than those described above, which are the only procedures authorised, will not be accepted. Merchandise cannot be returned upon withdrawal at the consignee’s expense. Once the returned goods have reached their destination, Cavallo Nero will check them to ascertain whether they have been rightly sent and, once it has verified that operations have been completed correctly, it will send the user confirmation by e-mail. Amounts paid will be reaccredited through the system with which the payment was originally made.

General conditions of use

Access to and use of the website www.cavallonero.it are governed by the following General Conditions of Use. Accessing, browsing and purchasing products on this website require that these General Conditions of Use be read, understood and accepted. EAGLE ENTERPRISE S.R.L. reserves the right to update and amend, in whole or in part, these conditions without prior notice. These changes and updates will be binding as soon as they are published on www.cavallonero.it in this same section. Therefore, we invite you to regularly access it to take cognizance of the General Conditions of Use of www.cavallonero.it in force. We remind you that you will be solely responsible for use non-compliant with the laws of the website www.cavallonero.it and its content in force. EAGLE ENTERPRISE S.R.L. cannot in any way be held responsible for improper use of the website and its content by its users. You will also be considered solely responsible for communication of information and data that are false. incorrect or relating to third parties without their express consent, as well as for any misuse of such data. We invite you to carefully read the Privacy Policy, which also applies in the event that you enter www.cavallonero.it even if you do not purchase any products. The Privacy Policy helps you understand how EAGLE ENTERPRISE S.R.L. collects and uses your personal information. The content of www.cavallonero.it, such as, without limitation, the works, images, photographs, dialogues, music, sounds and videos, documents, drawings, figures, logos and any other material, in any format, published on cavallonero.it, including the web pages, graphics, colours, sketches, tools, fonts and design of the website, diagrams, the layout, methods, processes, functions and software are protected by copyright and any other intellectual property right of EAGLE ENTERPRISE S.R.L. Reproduction, in whole or in part and in any form, of cavallonero.it and its content is prohibited without the express consent in writing of EAGLE ENTERPRISE S.R.L., EAGLE ENTERPRISE S.R.L. does not control linked websites and their content. Therefore, it cannot be held responsible for the content of such sites and the rules they have adopted for the protection of your personal sphere and the processing of your data during navigation.

Privacy Policy

Notice on processing personal data
pursuant to European Regulation 2016/679 of the European Parliament and Council of 27 April 2016
concerning the protection of natural persons with regard to the processing of personal data (in short "GDPR").

EAGLE ENTERPRISE S.R.L., in the person of its pro-tempore legal representative, provides you with this notice pursuant to Art. 13 of the GDPR (in short "Notice") in its role of Controller of the personal data directly collected from the interested party.
In any case, the logical and physical security of the data and, in general, the confidentiality of the personal data processed will be guaranteed by taking all technical and organisational measures necessary to guarantee their security.

Identity and contact information of the Controller

EAGLE ENTERPRISE S.R.L.
Via Villavella 18
San Bonifacio 37047 (VR), Italy
Tax ID and VAT reg. no. IT04598380238
Tel. +39 0458531415 – info@cavallonero.it

Purpose of the processing the personal data will undergo and relevant legal basis

Your personal data will be processed:

  1. without obligation of consent for the following purposes:
    • online account registration, management of orders, purchases, sales and deliveries of the products and their monitoring, customer service management, management of payments, management of returns and repairs, management of contacts with customers, management of allowances and discounts;
    • administrative-accounting management and related fulfilments (issue of receipts, invoices, preparation of payments), protection of credit positions and defence before the court;
    • internal statistics, corporate economic analysis and management and, as concerns the contact data provided at the time the contract was signed, sending of advertising of similar products with the right to immediate erasure upon request;

    The processing above meets the following legal bases, respectively:

    • fulfilling a contract or pre-contractual measures, satisfying a request of the interested party - condition laid down by law in Art. 6, letter b) GDPR;
    • legal obligation of the Data Controller - condition laid down by law in Art. 6, letter c) GDPR - or for the ascertainment, exercise or defence of a right before the court;
    • pursuing a legitimate interest of the Data Controller - condition laid down by law in Art. 6, letter f) GDPR - regarding improvement of the company’s operations and market surveys, improvement of the services supplied to its customers, direct marketing and customer retention.

    The granting of data marked on the form with (*) for the purposes described in foregoing section (i) is mandatory and the absence of the data and/or express refusal to processing them shall make it impossible for the Data Controller to execute the contract or execute the pre-contractual measures, fulfil the obligation with possible non-fulfilment and responsibility of the interested party also for sanctions contemplated by the law.

  2. with your consent (Art. 7, GDPR) for the following purposes:
    • various types of marketing activity, including the promotion of products and services, the distribution of posters and information and promotional material, both in paper and electronic format, the sending of newsletters and sales communications by e-mail, invitations;
    • various types of profiling activity, including the analysis of behaviour for promotional purposes, the creation of lists for promotional and sales communication purposes and the sending of newsletters, processing profiles for making available targeted and personalised services for the customer's needs.

    The granting of data for the purposes explained in foregoing section (ii) is optional, with the consequence that you may decide to not give your consent, or to revoke it at any time. Automated processes using software that in any case require human decision-making intervention to prevent undesirable consequences for the interested party are used for this processing; they are always and in any case limited to receiving communications from the Data Controller.

Categories of recipients of the personal data

For the purposes explained in the foregoing paragraph, the personal data you have given may be disclosed or made accessible:

  1. to employees and collaborators of the Controller in their capacity of staff authorised to process the data (or "data processing operators");
  2. to third parties outsourced to perform the activity on behalf of the Controller in their capacity of Data Processors, including:
    • suppliers of services for managing the IT system and the telecommunications networks and the company appointed to manage the e-commerce, suppliers of services to manage the filing of the hard copy and/or electronic documents, suppliers of services to managing customer service activities, also through websites (e.g. call centers, help desks, etc.), suppliers of services to manage sales communication activities;
    • independent professionals, firms or companies within the scope of service and consulting relations, also for controlling corporate organisation management;
    • banks and credit institutions and insurance companies for carrying out the financial (payments/collections) and insurance activities;
    • parties that carry out control, auditing and certification fulfilments for the activities initiated by EAGLE ENTERPRISE S.R.L., also in the interest of the customers;
  3. to judicial or supervisory authorities, administrations, entities and public bodies (national and foreign);
  4. to other legal entities of the national and international EAGLE ENTERPRISE [additional information on the Group and on the legal entities making it up is available on the website www.eagle-italy.com/].

The complete and updated list of the Data Processors can be received by sending a request in writing to the address info@cavallonero.it.

Storage and transfer of personal data abroad

Personal data are managed and stored in the cloud and on servers located inside and outside the European Union owned by and/or available to the Controller and/or owned by and/or available to appointed third parties duly appointed Data Processors.
Data are transferred abroad to non-EU countries only as part of infragroup communications for customer retention purposes and however in compliance with the provisions contained in Chapter V, GDPR (Art. 46).
Your personal data will not be disclosed.

Period of storage of the personal data

Personal data collected for the purposes specified under paragraph (B), section (i) above will be processed and stored for the entire term of the contractual relationship, if any, established.
The data will be stored for the duration of the applicable ex lege limitation period, i.e. 10 years, starting from the date said relationship ends for any reason or cause.
The personal data collected for the purposes explained under paragraph (B), section (ii) above shall be processed and stored for the time necessary to fulfil said purposes and however for a period no longer than 24 months for marketing and 12 months for profiling from the date we receive your consent.
After this storage period has elapsed, the data will be destroyed or made anonymous.

Exercisable rights

In compliance with the provisions of Chapter III, Section I, GDPR, you may exercise the rights specified by simply sending a request by e-mail to the Controller’s address info@cavallonero.it, and in particular:

Cookie

What are cookies?

Cookies are small units of text strings stored in your computer when you visit certain pages on the internet. Cookies must be enabled in order to be able to purchase products on the Cavallo Nero. If you choose not to accept the cookies, you can still browse the Site and use it for reference purposes. Cookies are enabled by default by most browsers, we have nevertheless included a section after this paragraph with instructions on how to modify the settings of your cookies. Please note that cookies will not damage your computer. We do not retain any personal data that can identify the user in the cookies we generate, for instance credit card details, but we use encrypted data collected by same to improve and ensure top quality browsing of our Site. For example, they can be useful for identifying and resolving errors, or for identifying relevant correlated products to be proposed to the user during navigation. We provide this information as part of our policy aimed at fully complying with all recent legislation requirements, and to guarantee our integrity and transparency concerning your privacy when you use our website. We are working to improve the aspects of cookies and privacy on this website. You can find more details on cookies at the following websites: www.allaboutcookies.org and www.youronlinechoices.eu. Cookies can perform various functions, such as allowing you to navigate between different pages efficiently, remembering your preferences, and in general to improve the user's experience on websites. Cavallo Nero reserves the right to use cookies, with the consent of users where the law or applicable regulations foresee the same, to render site navigation easier and customise the information that will appear. Cavallo Nero also reserves the right to use similar systems to collect information about Site users, such as for instance, IP address, type of web browser and operating system used and / or web pages visited by a user, for statistical or security purposes only. Cavallo Nero is entitled to collect this information to track site usage and improve certain aspects. The sections below give a brief review on how Cavallo Nero uses cookies and similar instruments.

Navigation cookies

These cookies are essential for you to move around the Site and to use its features, such as for instance access to restricted areas of the website. Without these cookies we can not provide the services you request, such as the shopping cart or e-billing. Strictly necessary cookies are used to store a unique identifier in order to manage and identify users from all the other users visiting the Site at that same moment, and to provide the user with a consistent and accurate service. Some examples include: Memorising previous actions (for example, entered text) when navigating back to a page in the same session; Management and passage of security tokens for different services within a website to identify the status of the visitor (e.g. registered or unregistered); Maintenance of tokens to use restricted areas of the website; Routing of customers towards specific service versions / applications, as may be necessary during a technical migration process;

Performance cookies

These cookies can be Cavallo Nero or partner, session or persistent cookies, their use is limited to the performance and improvement of the website features. These cookies collect information on how a visitor uses the Site, such as the pages visited. These cookies do not collect information that can identify you. All information collected by these cookies are aggregated in an anonymous form and are only used to improve the functionality of the Site. Some examples include: Web Analytics, the collected data are solely limited to the use of the website by an operator, to manage the performance and structure of the Site. These cookies may be third-party cookies, but the information will be used solely by those assigned to publishing of the visited website; • Affiliate tracking by Cavallo Nero partners - the cookies are introduced by the Partners and used by the latter exclusively to check whether the user coming from another website purchased a product or service on the Cavallo Nero . • Error Handling - Measurement of errors that occur on a website, this function will usually support the improvement of services or claim management and will generally be strictly linked to web analytics; Testing of different website page structures - Tests on variations in the structure, normally using A/B or multivariate tests, to ensure that the site maintains a consist aspect for users during current and subsequent sessions.

Functional cookies

These cookies can be Cavallo Nero or partner, session or persistent. These cookies are usually the result of a user action, but they can also be implemented when providing a service not specifically requested but simply offered to users. They can also be used to prevent a previously offered and rejected service from being proposed to the same user. Furthermore, these cookies allow the Site to remember user choices (such as user name, language, country of origin, etc ...). All information gathered by these cookies is anonymous and can not track user behaviour on other websites. Some examples include: remember the settings that a user has applied to a website such as layout, font size, preferences, colours, etc.; remember a choice so that users are no longer requested to fill out a questionnaire. detect if a service has already been offered, such as for instance, offering a tutorial during subsequent visits to the website; To provide information to allow access to an optional service such as the offer of a live chat session. To fulfil a user request such as submitting a comment.

Third party cookies for marketing/retargeting

These cookies are used by Cavallo Nero partners, in order to present Cavallo Nero advertising banners when you are visiting other websites, displaying the latest products that you looked on the Cavallo Nero. As you navigate the Cavallo Nero, these cookies are also used to propose products that could be of interest to you, or similar to those you have looked at in the past, based on your browser history. Use of these cookies does not imply the processing of personal data, but can allow connection to your PC or other devices and trace saved data: these cookies connect to the browser installed on your computer or other device used to navigate our website.

How can I disable cookies?

Most browsers accept cookies automatically, but you can also choose not to accept them. It is recommended not to disable this function, since this may prevent you from moving freely from page to page and enjoy all the features of the Site. If you do not want your computer to receive and store cookies, you can modify the security settings of your browser (Internet Explorer, Google Chrome, Safari, etc..). In any case, please note that certain sections of our Site can only be used to their full capacity if your browser accepts cookies; otherwise you will not be able to add products to your kart or purchase them (for example). Accordingly, your decision to remove and not accept cookies may have a negative effect when browsing our Site If you wish to change your cookies settings, using the settings of the various browsers, here are some brief instructions on how to do this in the four most popular browsers:

To find out more about cookies and how to manage or disable third party or marketing/retargeting cookies, visit www.youronlinechoices.com. To disable analytical cookies and prevent Google Analytics from collecting your navigation data, download the browser add-on to disable Google Analytics: https://tools.google.com/dlpage/gaoptout.