1. USE OF THE SITE
Welcome to oliocarli.us. This web site (the "Site") is operated by Fratelli Carli U.S.A., Inc. (“Fratelli Carli USA”), which distributes in U.S.A. the products of its Italian controlling company, Fratelli Carli S.p.A., SB (“Fratelli Carli S.p.A.”). These following terms and conditions (“Terms of Service”, “Terms”) govern your use of this Site and apply to all orders, purchases, and sales from Fratelli Carli USA, whether made via this Site, by mail, by telephone or by any means of transmission. By visiting our Site and/or purchasing something from us, you engage in our “Services” and agree to be bound by these Terms of Services, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. PLEASE READ ALL THESE TERMS CAREFULLY. By agreeing to these Terms of Service, you represent that you are the age of majority in your state or province of residence. Fratelli Carli USA may update or modify these Terms of Service at any time, without prior notice. By using this Site following any such change, you agree to be bound by the Terms of Service as changed. Fratelli Carli USA recommends you review these Terms of Service each time you visit the Site. Fratelli Carli USA may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Fratelli Carli USA also reserves the right to block or deny access to the Site and to refuse Service to anyone at any time for any reason. Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited uses.
2. CONTENT, COPYRIGHTS AND TRADEMARKS
All materials on this Site, including all images, text, logos, designs, icons, photographs, programs, and video or audio clips accessible through this Site or contained in any other commercial brochure and/or marketing document used by Fratelli Carli USA (collectively, the "Content") are intended solely for personal, non-exclusive and non-commercial use. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Content or this Site without first obtaining written permission from Fratelli Carli USA or from Fratelli Carli S.p.A. “Fratelli Carli”, as well as related product and service names, design marks and slogans, are registered trademarks of Fratelli Carli S.p.A. and may not be used without permission. In general, unless otherwise noted, all Content of this Site is protected as copyrights, trademarks, service marks, trade names and other intellectual property owned, controlled or licensed by Fratelli Carli USA, Fratelli Carli S.p.A., or by third parties who have licensed their intellectual property to Fratelli Carli USA, under U.S. and international intellectual property laws and treaty provisions. No rights in any Content, including any trademark, service mark or trade name, are granted to you in connection with your use of this Site.
3. PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to 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 Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
4. PRIVACY AND YOUR INFORMATION
We gather some information through our relationship with you, such as your phone number, address, and information about your preferences. You can find out how we process, share and protect the information we collect about you in our Privacy Policy, which is incorporated into these Terms of Service, We also provide you therein with a description of your choices to limit in certain circumstances our processing of your personal data.
The processing of your personal data by Fratelli Carli S.p.A. is described in its information notice for US consumers, available here.
5. DISCLAIMER OF WARRANTY
This Site is provided on an “as is” and “is available” basis. Fratelli Carli USA cannot warrant that use of the Site will be uninterrupted or error-free at all times. While apologizing for any possible inconvenience, due to a possible disruption of Services and/or malfunctioning of the Site beyond its control, Fratelli Carli USA cannot be held liable for any direct, indirect, incidental, special or consequential damage that may result from your use or inability to use the Site. Further, Fratelli Carli USA makes no representation that Content provided and products offered on the Site are applicable to, appropriate for, use and/or shipment to locations outside of the United States.
6. PRODUCT INFORMATION AND PRICING
While Fratelli Carli USA strives to provide accurate product and pricing information, unintentional pricing or typographical errors may occur. Fratelli Carli USA will confirm the price of items selected when you place your order. Photos are exemplary of products advertised. Fratelli Carli USA reserves the right to correct any errors, inaccuracies or omissions and to change or update information (including, without limitation, information related to text, pricing, availability and product descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed at an incorrect price or with incorrect information, Fratelli Carli USA shall have the right, in its sole discretion, to refuse or cancel any purchased orders placed for that item. Prices and availability of products offered by Fratelli Carli USA are subject to change without notice. Unless otherwise noted, prices do not include shipping costs and/or applicable taxes. If you are not fully satisfied with your purchase, you may refer to our Satisfaction Guarantee Policy.
7. VALIDATING YOUR ORDER
After you place an order at the Site using our shopping cart or do so by phone or mail, we will check the information you give us for validity, by verifying your method of payment and shipping address. Your debit/credit card are charged in the moment in which you place the order. This also occurs when you use Paypal or any other electronic means of payment. Fratelli Carli USA reserves the right at any time to accept or decline your order for any reason. Fratelli Carli USA also may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same Fratelli Carli Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we reject or make a change to an order, we will notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. In case an order is rejected, Fratelli Carli USA will process a refund to your original payment method. Individual bank policies will dictate when this amount is credited to your account. We apologize for any inconvenience this may cause you. Your receipt of an electronic or other form of order acknowledgement does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell, until and unless the order is shipped and the status of your order is updated accordingly. You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site, by phone or by mail. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. SHIPPING POLICY
All orders placed on this Site are subject to product availability and will be shipped according to Fratelli Carli USA’s shipping policies. We are committed to processing and shipping your order as quickly as possible. Typically, we process and ship your order within 24 to 48 business hours from order acknowledgement and, depending on where you live, you should receive your order within five (5) to ten (10) business days. In case of particular delays or hardship experienced while processing your order, we will notify you as quickly as possible. If the new estimated delivery date does not match with your requirements, you may cancel your order and get a full refund. We ship within all the continental United States, excluding Alaska, Hawaii, Puerto Rico, Guam, Virgin Islands and American Samoa. Please check all shipping addresses carefully.
9. OUR SATISFACTION GUARANTEE
When you order from Fratelli Carli USA, your satisfaction is always unconditionally guaranteed, so you can order with complete confidence. If at any time within 30 days from receipt of your orders you have problems with an order or are not absolutely satisfied with our products, simply contact our Customer Service tollfree at 1-866-259-3165 and we'll gladly replace or refund your purchase.
10. DISPUTES AND ARBITRATION
We hope to make you a happy and satisfied customer, but if there is a dispute that needs to be resolved, this section outlines what is expected of both of us. a. You agree to provide Fratelli Carli USA with an opportunity informally to resolve your claim. Before you may pursue a dispute (or raise such dispute as a defence) against Fratelli Carli USA for any claims, including claims related in any way to Fratelli Carli products, these Terms of Service, billing, privacy, advertising, or Fratelli Carli USA’s communications with you, you must first send a written description of your claim to: customer.service.us@fratellicarli.com and you must allow Fratelli Carli USA a reasonable opportunity to resolve your claim. Your written notice must detail the problem, and identify or enclose all relevant documents and information. Where permitted by applicable law, if you and Fratelli Carli USA do not reach a resolution of your dispute within sixty (60) days after Fratelli Carli USA receives your written notice of claim, you may pursue your claim in arbitration as provided below. b. Arbitration. You and Fratelli Carli USA agree to arbitrate all disputes between the parties. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. This arbitration agreement covers any dispute arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, even if the claim arises or may arise before or after the term. This agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision. You and Fratelli Carli USA agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. You understand that THIS ARBITRATION CLAUSE REPLACES YOUR RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR.
11. GOVERNING LAW
These Terms of Service, and any disputes arising between you and Fratelli Carli USA related in any way to these Terms of Service or Fratelli Carli’s products, including but not limited to disputes over billing, service, privacy, advertising, or our communications with you, whether based on contract, tort, statute, or common law, will be governed by the laws of the State in which your most recent billing address (as you provided to Fratelli Carli USA) is located, withoutregard to choice of law principles.
12. TERMINATION OF SERVICE
Fratelli Carli USA may, in its sole discretion, terminate your account or your use of the Site as registered user at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
13. NO WAIVER
If we don't enforce our rights under this agreement in one instance, that doesn't mean we won't or can't enforce those rights in any other instance.
14. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
15. CONTACTS
We thank you for choosing our products. If you have any questions, please contact us tollfree at: 1-866-259-3165 Monday to Friday from 9:00am to 6:00pm EST.
