Terms of service

OVERVIEW

Welcome to CAPUANI.

Throughout these Terms, the terms “CAPUANI”, “we”, “us” and “our” refer to CAPUANI. We operate this website and online store, including all related content, features, tools, products and services made available through it (collectively, the “Services”).

Our store is hosted on Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you.

These Terms of Service, together with any policies referenced herein, including our Privacy Policy, govern your access to and use of the Services. By visiting our website, browsing the store, or purchasing from us, you agree to be bound by these Terms.

If you do not agree to these Terms or to our Privacy Policy, you should not access or use our Services.

SECTION 1 - ACCESS AND USE OF THE SERVICES

By using our Services, you confirm that you are of legal age in your country or place of residence, or that you are using the Services with the consent and supervision of a parent or legal guardian where applicable.

To access certain features of the Services or place an order, you may be required to provide information such as your name, e-mail address, billing address, shipping address and payment details. You agree that all information provided by you is accurate, complete and up to date.

If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity carried out through your account. You may not transfer or assign your account to any third party.

We reserve the right to refuse access to the Services, suspend accounts, or cancel orders where permitted by law and where reasonably necessary, including in cases of suspected misuse, fraud, or breach of these Terms.

SECTION 2 - PRODUCTS

We make every effort to present our products as accurately as possible. However, the appearance of colours, textures, finishes and details may vary depending on your device, display settings and technical configuration.

Certain natural materials and artisanal elements may show slight variations in colour, grain, texture or finish. Such variations are inherent to the materials and production process and do not constitute defects.

Product images are for illustrative purposes only. Minor differences between the images shown on the website and the delivered product may occur, particularly where improvements, refinements or sourcing-related adjustments are made, provided that the overall nature, quality and function of the product are not materially affected.

All product descriptions, availability and pricing are subject to change at any time without prior notice.

We reserve the right to discontinue any product or limit the quantity of products offered to any person, region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS AND CONTRACT FORMATION

By placing an order through our website, you submit an offer to purchase the selected product(s).

All orders are subject to acceptance by CAPUANI. An order is not binding until we have expressly confirmed its acceptance. The automatic order confirmation you receive after submitting your order does not constitute acceptance; it only confirms that we have received your order.

We reserve the right to refuse, limit, or cancel any order at our discretion, including in cases of suspected fraud, pricing or technical errors, product unavailability, or where resale or export activity is suspected.

Please review your order carefully before submitting it. Once an order has been accepted, cancellations or changes may no longer be possible.

Returns and exchanges are governed exclusively by our Refund Policy.

You confirm that purchases made through our website are for personal use or legitimate gifting purposes, and not for unauthorised resale or export unless otherwise agreed by us in writing.

SECTION 4 - PRICES, TAXES AND PAYMENT

All prices shown on our website are in the currency indicated on the relevant product or checkout page.

Unless expressly stated otherwise, prices do not include shipping costs, customs duties, import taxes, handling charges or other local fees that may apply in the destination country. Such charges are the responsibility of the customer.

The price applicable to your order is the price displayed at the time of checkout and confirmed in your order confirmation.

We reserve the right to change prices, promotions and product availability at any time without prior notice.

You agree to provide current, complete and accurate billing, shipping and payment information for all purchases made through the Services. By submitting payment information, you represent and warrant that you are authorised to use the chosen payment method and that all information provided is valid and correct.

If a payment is declined, reversed, or otherwise fails, we may suspend or cancel the order.

SECTION 5 - SHIPPING AND DELIVERY

We aim to process and dispatch orders within the timeframes indicated on our website or in your order confirmation. However, all delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs authorities, force majeure events, or circumstances beyond our reasonable control.

Unless otherwise required by applicable law, the risk of loss or damage to the products passes to you upon delivery to the shipping address provided in your order.

It is your responsibility to ensure that the shipping information submitted is correct and complete.

SECTION 6 - INTELLECTUAL PROPERTY

All content made available through the Services, including but not limited to text, images, graphics, logos, designs, product names, videos, audio, layout, branding and overall visual identity, is owned by CAPUANI, its affiliates, licensors or content providers and is protected by applicable intellectual property laws.

You may use the Services only for personal, non-commercial purposes. You may not reproduce, copy, distribute, publish, modify, display, transmit, create derivative works from, or otherwise exploit any part of the Services without our prior written consent.

Nothing in these Terms grants you any licence or right to use any trademark, logo, design element or other intellectual property belonging to CAPUANI, Shopify or any third party, except as expressly permitted by law or by our prior written permission.

All rights not expressly granted are reserved.

SECTION 7 - OPTIONAL TOOLS AND THIRD-PARTY SERVICES

The Services may provide access to tools, applications or services offered by third parties. We do not control and are not responsible for such third-party tools or services.

Any such tools are provided on an “as is” and “as available” basis, without any warranty, representation or endorsement by us.

Your use of third-party tools or services is entirely at your own risk and subject to the terms and policies of the relevant third-party provider.

SECTION 8 - THIRD-PARTY LINKS

Our website may contain links to third-party websites, platforms or resources. These links are provided for convenience only.

We are not responsible for the content, accuracy, availability or practices of any third-party websites or services. Accessing such websites is at your own risk.

Any concerns regarding third-party products, services or content should be addressed directly to the relevant third party.

SECTION 9 - SHOPIFY PLATFORM

Our store is hosted by Shopify, which enables us to offer the Services to you. However, any purchase you make through our website is made directly from CAPUANI and not from Shopify.

To the extent permitted by law, Shopify shall not be liable for any aspect of any transaction between you and CAPUANI, including any claim relating to products purchased through our store.

SECTION 10 - PRIVACY

Your submission of personal information through the Services is governed by our Privacy Policy.

Because our store is hosted on Shopify, certain personal data may also be processed by Shopify in order to operate and support the Services. By using our Services, you acknowledge that such processing may occur in accordance with our Privacy Policy and Shopify’s applicable privacy practices.

For more information, please review our Privacy Policy.

SECTION 11 - FEEDBACK AND USER SUBMISSIONS

If you send us suggestions, ideas, reviews, proposals, comments or other feedback, whether requested by us or not, you grant CAPUANI a non-exclusive, worldwide, royalty-free, transferable and sublicensable right to use, reproduce, publish, adapt, edit, translate, distribute and otherwise exploit such content for any lawful purpose.

You confirm that any content you submit is accurate and not misleading, does not infringe the rights of any third party, is not unlawful, abusive, defamatory, obscene or otherwise objectionable, and does not contain malware, viruses or harmful code.

We reserve the right, but are under no obligation, to remove or decline any submission that we consider inappropriate or unlawful.

SECTION 12 - ERRORS AND OMISSIONS

Occasionally, information on the website may contain typographical errors, inaccuracies or omissions, including with respect to product descriptions, pricing, availability, shipping charges or delivery times.

We reserve the right to correct such errors, update information, or cancel orders if any information is inaccurate, including after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You must not use the Services for any unlawful, fraudulent or malicious purpose; to violate any applicable law or regulation; to infringe the intellectual property or other rights of CAPUANI or any third party; to transmit misleading, false, defamatory, abusive or harmful content; to upload malware, viruses or malicious code; to interfere with or circumvent the security, functionality or integrity of the Services; to scrape, copy, mine, harvest or extract data from the Services without our prior written consent; to use bots, crawlers, scripts, automated systems or similar technologies to access or interact with the Services in an unauthorised manner; or to impersonate another person or entity.

We reserve the right to suspend or terminate access to the Services where we reasonably believe these Terms have been breached.

SECTION 14 - USE BY AUTOMATED SYSTEMS OR AGENTS

Any automated access to the Services, including by bots, crawlers, scripts, AI agents or similar technologies, is prohibited unless expressly authorised by CAPUANI in writing.

Where such access is authorised, it must at all times clearly identify itself as automated, comply with any technical or operational restrictions imposed by us, not misrepresent itself as a human user, and not bypass access controls, CAPTCHA systems, rate limits or other protective measures.

We reserve the right to block, restrict or terminate any automated access at any time.

SECTION 15 - TERMINATION

We may suspend or terminate your access to the Services at any time if we reasonably believe that you have violated these Terms, applicable law, or the rights of any third party.

Termination of access shall not affect any rights or obligations accrued prior to the date of termination.

Any provisions which by their nature should survive termination shall remain in full force and effect, including without limitation those relating to intellectual property, liability, indemnity, governing law and dispute resolution.

SECTION 16 - DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services and all products made available through them are provided on an “as is” and “as available” basis.

Except as expressly stated by CAPUANI, we make no representations or warranties of any kind, express or implied, regarding the operation of the Services or the products offered through them, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or uninterrupted availability.

We do not guarantee that the Services will be error-free, secure, uninterrupted, or free from harmful components.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded under applicable law.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, CAPUANI and its affiliates, directors, officers, employees, contractors, service providers, licensors and partners shall not be liable for any indirect, incidental, special, punitive or consequential damages, including loss of profit, loss of revenue, loss of opportunity, loss of data or loss of goodwill, arising out of or in connection with your use of the Services or any products purchased through them.

To the extent liability cannot be excluded, CAPUANI’s total liability shall be limited to the amount actually paid by you for the relevant product or service giving rise to the claim.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful.

SECTION 18 - INDEMNITY

You agree to indemnify and hold harmless CAPUANI, its affiliates, officers, directors, employees, contractors, licensors and service providers from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

SECTION 20 - NO WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies referenced herein, constitute the entire agreement between you and CAPUANI regarding the use of the Services and supersede all prior or contemporaneous communications, proposals or agreements, whether oral or written, relating to the same subject matter.

SECTION 21 - ASSIGNMENT

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

We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition, sale of assets or similar transaction.

SECTION 22 - GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising out of or in connection with them or the use of the Services shall be governed by and construed in accordance with the laws of Switzerland, without regard to conflict of law principles.

The courts at the registered seat of CAPUANI, unless otherwise required by mandatory law, shall have jurisdiction over any dispute arising from or relating to these Terms or the Services.

SECTION 23 - HEADINGS

The headings used in these Terms are for convenience only and shall not affect their interpretation.

SECTION 24 - CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our Services, legal requirements, or business operations.

The most current version will always be published on this page. Where required by applicable law, we will notify you of material changes in an appropriate manner.

Your continued use of the Services after such changes take effect constitutes your acceptance of the revised Terms.

SECTION 25 - CONTACT

If you have any questions regarding these Terms of Service, please contact us at:

CAPUANI
Capuani Group
Sinserstrasse 67
6330 Cham
Switzerland