Caverna delle Rose’s Products Policies
1.This Webstore may allow You to:
– purchase physical products (e.g., apparel and other merchandise);
– download digital products (e.g., music and videos);
– purchase mobile products (e.g. music, videos and other Content such as wallpaper, screensavers and logos);
– stream services to enable You to preview and/or listen to and/or watch music and videos online;
Shipping and delivery dates for any and all so-called “limited edition” and/or “pre-order” sales of product(s) are not guaranteed unless otherwise specified.
Returns and/or exchanges will never be accepted for so-called “limited edition” product(s).
Products on this Webstore are limited to the sizes, colors and variants listed on this Webstore. If a size or variant does not appear on this Webstore, it is currently unavailable.
If Caverna delle Rose decides to offer any additional products on this Webstore, such future products will also be covered by these Terms.
2.Placing an Order
By placing an order through this Webstore, You warrant that You are legally capable of entering into binding contracts; and You are at least 18 years old.
If You are under the age of 18 years and/or are not capable of entering into binding contracts but wish to use this Webstore, a parent or guardian should accept these Terms on Your behalf.
Follow the onscreen instructions on this Webstore to place an order.
Items which You select for purchase, download and/or streaming (as applicable) will automatically be placed in Your “shopping basket.” To remove an item from Your shopping basket, simply click on the “remove” (or similar) button next to the item as it appears in Your basket.
Once You have pressed the “checkout” (or similar) button, You will be asked to provide certain information to allow Caverna delle Rose, or a service provider engaged by Caverna delle Rose, to process Your order (including Your selected payment method and credit card, PayPal, e-wallet or other payment details).
Caverna delle Rose cannot change any information on an existing order once it has been processed, including but not limited to, the shipping address, billing information, size, item and/or quantity. If You wish to cancel Your order and place a new order with different information, products or quantities, please contact Caverna delle Rose.
You will receive an order summary confirmation on screen and/or by email (as long as You have provided Caverna delle Rose with a valid email address) acknowledging that Caverna delle Rose has received Your order – this does not mean that Your order has been accepted. Your order represents an offer to Caverna delle Rose to purchase a particular item which is accepted by Caverna delle Rose only when Caverna delle Rose sends You an email (“Dispatch Confirmation”) confirming (i) in the case of physical products, that the particular product has been dispatched; or (ii) in the case of digital content, instructions for accessing Your digital content.
Caverna delle Rose may reject, modify or cancel Your order for any reason prior to shipping Your order. If Caverna delle Rose rejects Your order after payment has already been taken, Caverna delle Rose will provide You with a refund in accordance with Caverna delle Rose’s Refund Policy. Where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) Caverna delle Rose will refund the relevant element of the order in accordance with Caverna delle Rose’s Cancellation Policy for that particular product.
Shipping and delivery dates for Your order are not guaranteed unless otherwise specified. All shipping timelines are estimated. Caverna delle Rose is not liable for delays due to carrier, regardless of shipping method.
If You have selected a trackable shipping method at checkout, You will receive tracking information via the email You provided with Your shipping information.
Shipping delays will occur if an incorrect address is provided at the time of checkout. Caverna delle Rose is not responsible for any lost packages due to Your provision to Caverna delle Rose of an incorrect shipping address at the time of checkout. If the package containing the product(s) You ordered is returned to Caverna delle Rose due to a shipping error, Caverna delle Rose will contact You, via the email You provided with your shipping information, for an updated address to send the product(s). If Caverna delle Rose does not receive a response within ten (10) business days of contacting You, Caverna delle Rose reserves the right to refund Your order.
If You have ordered multiple items within a single order, Caverna delle Rose reserves the right to either (i) ship Your order once all items become available to ship or (ii) to split Your order containing multiple items into multiple shipments (“Split Shipping”) at Caverna delle Rose’s discretion. For some orders, Caverna delle Rose may offer You the ability to choose Split Shipping during checkout. Split Shipping options may read “Ship Items Separately – As They Become Available” or similar. If You have selected Split Shipping, Your items will ship in separate packages as they become available for shipment. Split Shipping is not available for every order and Caverna delle Rose reserves the right to revoke Split Shipping options at any time.
Caverna delle Rose may offer expedited shipping options (e.g., Next Day, 2-Day, 3-Day). If You selected an expedited shipping option, Your items will ship together in a single shipment when all items become available to ship, or solely at Caverna delle Rose’s discretion, Caverna delle Rose may split Your order into separate shipments, as items become available.
Split Shipping is not available at Your option during checkout for expedited orders. Caverna delle Rose reserves the right to revoke expedited shipping options at any time. PLEASE NOTE: expedited shipping timelines are the carrier’s timelines from the date the items are ready to ship from Caverna delle Rose’s warehouse facilities. For preorders, expedited shipping is based upon when the preorder period is over, and the items are ready to ship. These timelines may vary. The timeline for a preorder will be available via the product page. You should read all product descriptions thoroughly for all applicable details and You should ensure You understand all preorder and shipping timelines prior to selecting Your shipping method.
Unless otherwise specified, product prices already reflect discounts. All offers are limited to stock on hand; no rain checks or vouchers are available unless otherwise noted. Not valid on prior purchases, gift cards, gift certificates, taxes, shipping, or handling and processing charges. Purchaser must pay applicable sales tax. Offer may not be combined with any other sale, promotion, discount, code, promo, coupon and/or offer. Promotions have no cash value. Offer cannot be sold, transferred, or otherwise bartered. Void where prohibited, taxed or otherwise restricted. Returns or cancellations of any portion of a purchase requires equal forfeiture of offer or amount equal to offer. Caverna delle Rose has the right to end or modify any promotion at any time at its sole discretion. Other restrictions may apply.
Caverna delle Rose may accept some or all of a variety of payment options, including but not limited to Visa, MasterCard, American Express, Discover, PayPal, Apple Pay, and other e-wallets. Prices appear on this Webstore and exclude sales tax unless otherwise stated. Caverna delle Rose may change the prices for products at any time by posting new prices on this Webstore.
By paying with Your credit or debit card, or any other payment method, You confirm that the card is yours and that there are sufficient funds or credit available to cover the charges.
Product prices displayed may exclude delivery charges (which may also include handling, packaging, and other costs in addition to carrier fees), which may be added to the total amount and will be calculated and displayed on screen prior to You submitting Your payment details or finalizing your order. Typically, the purchase will appear on Your credit card or bank statement under the applicable artist or store name, or as Caverna delle Rose, or under the name of an applicable technology vendor (such as “Shopify”). If You have any questions about what to expect on Your credit card statement, please contact Caverna delle Rose.
It is always possible that, despite Caverna delle Rose’s best efforts, some of the items listed on this Webstore may be incorrectly priced. Caverna delle Rose will usually verify prices as part of Caverna delle Rose’s dispatch procedure so that, where a product’s correct price is less than Caverna delle Rose’s stated price, Caverna delle Rose will charge the lower amount when dispatching the product to You. If a product’s correct price is higher than the price stated on this Webstore, Caverna delle Rose will usually, at Caverna delle Rose’s discretion, either contact You for instructions before dispatching the product, or reject Your order and notify You of such rejection. Caverna delle Rose is under no obligation to provide the product to You at an incorrect (e.g., lower) price, even after Caverna delle Rose has sent You a Dispatch Confirmation, if the pricing error is obvious and/or could have reasonably been recognized by You.
Billing to Your credit or debit card will take place prior to or at the time of dispatch in respect of physical product(s), or in respect of digital content, at the time of Your purchase or soon afterwards.
Caverna delle Rose may use a third-party service provider to process payments, but will ensure that any payment processor engaged by Caverna delle Rose will use security to encrypt credit or debit card data.
Caverna delle Rose will check all transactions for signs of fraud and may use a third-party service provider to do so. If Your order is flagged for fraud, Your order will be delayed, and eventually a representative will contact You to verify Your information. Please contact Caverna delle Rose with any questions related to Your order if You are notified it is flagged for fraud.
5.Cancellation, Delivery and Usage Rules
Cancellation – If You order digital content to download or stream, You will have a cancellation period of fourteen (14) days in which to cancel Your order for any reason. However, if You decide to download or stream Your product before the end of these fourteen (14) days, then You will lose this cancellation right. When Caverna delle Rose delivers You the link to download or stream Your content, Caverna delle Rose will make it clear that by clicking on that link You are giving up these cancellation rights. If You are ordering digital content that is provided on a physical CD or DVD, the usual cancellation terms apply as set out in paragraph below.
Delivery – Each download item made available to or purchased by You can be accessed via the relevant area of this Webstore using Your login details and/or following the instructions provided onscreen or via email. If any streaming items are made available, all such streaming items made available or purchased can be accessed immediately after payment is authorized by following the instructions provided onscreen or via email. Caverna delle Rose reserves the right to send digital and/or physical goods in partial deliveries (i.e., You may receive multiple packages or links related to a single order).
Usage Rules – You may purchase downloads or stream digital content (as applicable) for Your personal and non-commercial use only. In the event You experience any problems in downloading the relevant download item, Caverna delle Rose will allow You to subsequently attempt to download the relevant download item. In the event You experience any problems when downloading, please contact Caverna delle Rose. Please note, Caverna delle Rose may withdraw products from this Webstore at any time. You may make such copies of a product as specified by any specific usage rules to that product, or such copies as are reasonably necessary for Your personal, non-commercial use as applicable. You will not be entitled to burn audio-visual products. Digital rights management software may be used from time to time to prevent any unlawful use.
Technical Problems and Faulty Products (digital products) – If digital content that You download is defective or faulty, please let Caverna delle Rose know as soon as possible. If a repair or replacement is not possible, Caverna delle Rose will refund You for either the full or partial cost of the product as appropriate. If Caverna delle Rose agrees to a refund, Caverna delle Rose will refund the sum agreed within fourteen (14) days of confirming to You that You are entitled to a refund.
Cancellation – Unless otherwise stated upon placing Your transaction in the product description, or in the checkout, You may cancel Your purchase of physical products at any time prior to the product being shipped to You, for any reason, by emailing a notice of cancelation, prior to receiving a shipping confirmation. If Your item has already shipped, You may return the item for store credit within five (5) days of receiving the product for any reason, provided that You follow the specified instructions from Caverna delle Rose regarding returns. In this case, You will receive a full refund of the price paid for the product(s) in accordance with Caverna delle Rose’s Refund Policy set out below. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and Caverna delle Rose has begun the process of delivering Your digital product order, Caverna delle Rose will refund the relevant physical element of the order in accordance with Cancellation Policy. Where You order multiple items that are delivered in separate batches, Your fourteen (14) day cancellation period does not begin until the day after the last item has been received by You.
To cancel in accordance with the terms herein, You must inform Caverna delle Rose clearly. Caverna delle Rose recommends emailing with a clear “Notice of Order Cancelation” and Your order number in the subject line of the email. Please return the product to Caverna delle Rose immediately in the same condition you received it (at your own cost and risk), following the specific return instructions You receive. You have a legal obligation to take care of the product while it is in Your possession. If You fail to do so, Caverna delle Rose may have a claim against You for reimbursement for any damage caused by You to the product.
Note, this right to cancel does not apply:
– where CDs and/or DVDs (or other such audio or audio-visual products) have been unsealed;
– where the product has been made to Your specification;
– to digital content;
– where the product, by reason of its nature, cannot be returned, or is billed is a “Final Sale” or part of an “All Sales are Final” offer in the applicable product description or checkout page;
– Limited addition merchandise or other memorabilia;
– Merchandise that has been worn, washed or in any way damaged by the consumer.
Caverna delle Rose will make best efforts to fulfill Your order by the delivery date, or estimated delivery date set out in the Dispatch Confirmation, however, it is understood that circumstances outside of Caverna delle Rose’s control may delay fulfillment or delivery, including, but not limited to: high-order volumes, holidays, weather, artist signings, preorder delays, manufacturing delays for preorder product, and shipping delays from the content provider for preorder product.
Risk and Title
Products purchased will be at Your own risk of loss from the time of delivery. Ownership of the products will only pass to You when Caverna delle Rose receives full payment of all sums due in respect of the products, including delivery charges.
Damaged, Incorrect or Incomplete Orders
If Your order arrives damaged, incorrect or incomplete, please contact Caverna delle Rose.
Damaged. If Your ordered product(s) arrive damaged, photograph evidence will need to be attached to Your email to Caverna delle Rose. Once Caverna delle Rose receives the photographs, Caverna delle Rose will issue You a return label via email. Once the damaged product(s) is shipped back to Caverna delle Rose, and Caverna delle Rose obtains possession of said product(s), Caverna delle Rose will provide You with replacement product(s).
Incorrect. If Your ordered product(s) arrive and the product(s) is/are not what You ordered; once You contact Caverna delle Rose notifying Caverna delle Rose that You received incorrect product(s), Caverna delle Rose will issue You a return label via email. Once the incorrect product is shipped back to Caverna delle Rose, and Caverna delle Rose obtains possession of said product(s), Caverna delle Rose will provide You with a replacement product.
Worn or Washed. Caverna delle Rose will not provide return labels, nor be responsible, for any product that has been worn or washed.
If You cancel Your purchase of products, Caverna delle Rose will process the refund due to You as soon as possible. In such event, Caverna delle Rose will refund the price of the product in full, including the cost of delivering the item to You via standard delivery, provided that You have taken reasonable care of the returned product. If audio, video or software products provided to You in a separate sealed packet are opened, You may not be entitled to a refund. You will be responsible for the cost of returning. For clarity, where Your order was for products of a “hybrid” nature (e.g., a physical and digital product) and Caverna delle Rose has begun the process of delivering the digital part of Your product order, Caverna delle Rose will refund the relevant element of the order in accordance with Caverna delle Rose’s Cancellation Policy for that particular product.
If You seek to cancel Your purchase because You claim that the product is defective or that there has been damage or error on Caverna delle Rose’s part, Caverna delle Rose will examine the returned product and will notify You of Your refund or otherwise via email within a reasonable period of time.
In the event that Caverna delle Rose has to cancel Your order after payment has been received from you, Caverna delle Rose will notify You of Caverna delle Rose’s need to cancel Your order and supply You with a refund as soon as possible.
Products returned by You because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to You and the cost incurred by You in returning the item to Caverna delle Rose.
Caverna delle Rose will attempt to process any refund using the same method originally used by You to pay for Your purchase. If You use a gift card to make your purchase, or any other prepaid method, You may receive credit back to the applicable gift card or prepaid method; because of this, You are expected to keep any gift cards or prepaid methods pursuant to making a purchase to ensure You receive credit upon any refund.
Occasionally, technical problems may delay or prevent delivery of a purchased product. In such event, Your sole remedy will be either a replacement product or a refund, as determined by Caverna delle Rose or the relevant third-party supplier as appropriate.
Caverna delle Rose will not be liable to You for failures, defects or delays in delivery caused by:
– Your provision of incorrect information;
– Your computer failing to meet the minimum technical requirements for the Services;
– Your failure to comply with instructions for use of the Services; or
-an event which is outside of Caverna delle Rose’s reasonable control.
8.International Orders; Import Duty
Products ordered from this Webstore for delivery outside Italy may take up to eight (8) weeks from the ship date to arrive at the designated destination.
Products ordered from this Webstore for delivery outside Europe may be subject to import duties and taxes that are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Further, You shall be responsible for any local pickup or specified delivery with Your local postal service. Caverna delle Rose has no control over these charges and local requirements and cannot predict their amount. Please contact Your local customs office and post office for further information before placing Your order.
You must make sure that You comply with all applicable laws and regulations of the country for which the products are destined. Caverna delle Rose will not be liable for any breach by You of any such laws.
Caverna delle Rosemay, in Caverna delle Rose’s sole discretion, terminate Your password, account (or any part thereof, if any) or use of this Webstore without notice if You are in breach of these Terms; or, if Caverna delle Rose believes, in Caverna delle Rose’s absolute sole discretion, that the Services, the Content or the Software, is unsuitable.
Termination, suspension or cancellation of Your access rights shall not affect any other right or relief to which Caverna delle Rose may be entitled, at law or in equity.
Upon termination, all rights granted to you under these Terms will automatically terminate and immediately revert to Caverna delle Rose and Caverna delle Rose’s licensors (save for any continuing rights which You may have in connection with products which You have purchased from this Webstore).
Caverna delle Rose warrants to You that any goods purchased from through this Webstore are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
In relation to Caverna delle Rose’s supply of products via this Webstore (including both digital and physical products) Caverna delle Rose’s liability for losses which You suffer is strictly limited to the purchase price paid by You. Caverna delle Rose is not responsible for indirect losses which are not foreseeable by You and Caverna delle Rose (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Caverna delle Rose shall not be liable for any damages of any kind arising from the use of the products, including but not limited to, a direct, indirect, incidental and/or consequential loss, including lost profits, goodwill or any other intangible loss, even if Caverna delle Rose has been advised of the possibility of such loss. If You are an individual consumer, this may not apply to You and instead Caverna delle Rose will be liable to You only for the direct and actual loss suffered by You and will not be liable for any indirect, incidental and/or consequential loss, even if Caverna delle Rose has been advised of the possibility of such loss.
You agree to indemnify Caverna delle Rose, its affiliates, subsidiaries, service providers, distributors, licensors, officers, directors and employees from any claim or demand made by any third party due to, arising out of or related to Your breach of these Terms, misuse of the products, or Your violation of any applicable law, rule, regulation or third party right.
This Section does not in any way limit or exclude Caverna delle Rose’s liability:
– for death or personal injury caused by Caverna delle Rose’s negligence;
– for fraud or fraudulent misrepresentation;
– for any other matter for which it would be illegal for Caverna delle Rose to exclude, or attempt to exclude, Caverna delle Rose’s liability.
11.Transfer Rights and Obligations
The agreement between You and Caverna delle Rose created by these Terms (the “Agreement”) is binding on You and Caverna delle Rose and on UCaverna delle Rose’s respective successors and assigns.
You may not transfer or assign, charge or otherwise dispose of the Agreement, or any of Your rights or obligations arising under it, without Caverna delle Rose’s prior written consent.
Caverna delle Rose may transfer, assign, charge or sub-contract the Agreement, or any of Caverna delle Rose’s rights or obligations arising under it, at any time during the term of the Agreement, provided that Caverna delle Rose remains primarily liable for Caverna delle Rose’s obligations under the Agreement where applicable.
12.Events Outside Caverna delle Rose’s Control
Caverna delle Rose will not be liable or responsible for any failure to perform, or delay in performance of, any of Caverna delle Rose’s obligations that is caused by events outside Caverna delle Rose’s reasonable control. Caverna delle Rose’s performance under these Terms is deemed to be suspended for the period that any such event continues, and Caverna delle Rose will have an extension of time for performance for the duration of that period. Caverna delle Rose will use Caverna delle Rose’s reasonable efforts to find a solution by means of which Caverna delle Rose’s obligations may be performed despite such event.
Caverna delle Roseaims to help You with any queries or complaints You may have with the services and goods Caverna delle Rose provides. Email Caverna delle Rose with any questions or issues.
These Terms, together with any documents or links to other terms referred to herein, constitute the whole Agreement between You and Caverna delle Rose and supersede and extinguish any prior understandings, agreements or terms between You and Caverna delle Rose.
The rights and remedies provided in these Terms are cumulative and are not exclusive of any rights and remedies provided by law or otherwise.
No breach by either You or Caverna delle Rose of any provision of these Terms shall be waived or discharged except with the express written consent of the other.
No failure or delay by either You or Caverna delle Rose in exercising any right, power or privilege under these Terms shall operate as a waiver of that right, power or privilege and no single or partial exercise by either You or Caverna delle Rose of any right, power or privilege shall preclude any further exercise of that right, power or privilege or the exercise of any other right, power or privilege.
hese Terms shall be binding on and endure for the benefit of each party’s successors in title.
The views and opinions expressed on this Webstore do not necessarily reflect those of Caverna delle Rose and its Affiliates.
Applicable laws require that some of the information or communications Caverna delle Rose sends to You should be in writing. When using this Webstore, You accept that communication with Caverna delle Rose will be primarily communicated electronically. Caverna delle Rose will contact You by email or provide You with information by posting notices on this Webstore. You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that Caverna delle Rose provides to You electronically comply with any legal requirement that such communications be in writing. For the avoidance of doubt, all communications, including the conclusion of the contract, will be in English.
All legal notices given by You to Caverna delle Rose must be given to Caverna delle Rose’s email. Caverna delle Rose may give notice to You at the email or postal address You provide to Caverna delle Rose when placing an order or registering with this Webstore, or by posting the notice on this Webstore. Notice will be deemed received immediately when posted on this Webstore, twenty-four (24) hours after an email is sent or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that the email was sent to the specified email address of the addressee.