Terms & Conditions

1. Hi, we are Cattex s.r.l located in via Catallo snc Casalvieri (FR), 03034, Italia (“Cattex”) and we welcome you to our terms and conditions informational page. This page explains the necessary rules that apply while using our website.
2. When we say ‘us’ or 'we' or ‘Cattex’ it's to describe us within this document as we own and manage this site.
3. To enter or use this Platform in any way, it is mandatory to accept the Terms and Conditions (also referred to below as the "Agreement" or "Contract") in this document as well as any changes that Cattex may apply in the future. If you do not agree with these Terms and Conditions, do not enter or use this site.
4. Cattex reserves the right to change the here-mentioned terms without prior notice. Your continued access or use of the Platform constitutes your acceptance regarding these changes. Please check the "Terms and Conditions" link on the www.cattex.com main page regularly to review the current Terms. If you do not comply or accept the here-mentioned Terms and Conditions, you will be prevented from accessing and using the Platform.
   

2) Parts and object of the Agreement.

1. This Agreement governs the contractual relationship between Cattex S.r.l., with registered office in Casalvieri (FR), Via Catallo snc, and all Users who register with the service through the use of the www.cattex.com website.
2. With this Agreement, Cattex grants the User the right to use the Service.
3. The registration of the User and the use of the www.cattex.com website are subject to the full and explicit acceptance of these Terms and Conditions, which constitute a legally binding agreement between Cattex and the User in relation to the use of the website www.cattex.com.
   

3) Duration of the Contract - Resolution - Withdrawal.

1. The Contract has an unlimited duration and remains in force until termination by the User or Cattex which may occur at any time.
2. The registered User may withdraw from the Contract at any time and for any reason, by informing the service at the address cattex@cattex.com, or by using our GDPR-tools.
3. Cattex may at any time terminate the Contract with the User for violation of these Terms and Conditions, for obvious inability to comply with the same or intention not to comply, or where Cattex must withdraw by law or termination of its business.
4. Upon the terminaion of this Contract, content will be cancelled together with all User's data and login credentials.
   

The resolution by Cattex can take place in the following forms:

• by sending a communication to the e-mail address indicated by the User during registration;
• by closing the User's account;
  

4) Registration to Cattex.

1.  In order to use the site and its services, you need to log in through www.cattex.com. To register you must be 18 years old or, if you are a minor, have the consent of your parents and use the service under their supervision.
2. The user can register by entering a Name or Company Name directly on the Platform, an e-mail address and a password chosen directly by the User and accepting these Terms and Conditions and the Privacy Policy, once the requested data has been entered, an e-mail will be sent to the address indicated to confirm the activation of the account.
   
3. The User is responsible for ensuring that no third party has access to his password, and is held solely responsible for any activity performed personally or by third parties through his account, both against Cattex and towards third parties. In this regard, the User undertakes to keep Cattex unharmed against third parties from any pecuniary and non-pecuniary damage deriving from failure to comply with this agreement.
4. The User is required to immediately notify Cattex of any breach of security and any unauthorized use of its account.
5. The www.cattex.com platform during registration allows the user to select a customer group.
   For the shop and wholesale customer group it is not enough to have a VAT code but it is also necessary to be a commercial activity of party articles (ex. toy shop).
   An order minimum is also required to maintain a certain customer group, this average varies from case to case.
   If any of these conditions is not met, Cattex reserves the right to change the user's customer group  to the one that it deems most suitable.
6. The User must accept these Terms and Conditions before registering. The service can not be used if the terms have not been accepted.
   

5) Rules and Conduct.

This regulation is applied to the www.cattex.com site and to all the personalization programs attached to it, where it is possible to upload images and then publish them on social networks or via e-mail.

1. As a condition of use, the User promises not to use the Service for any purpose that is prohibited by this Agreement. The User is responsible for all his activities related to the Service. You must comply with all applicable local, state, national and international laws and regulations and, if you represent a company, any other code relating to advertising, marketing, privacy or self-regulation in effect in the industry.
2. By way of example, and not as a limitation, the User must not (and must not allow third parties) (a) take any action or (b) upload, download, publish, post or otherwise distribute or facilitate distribution of any Content on or through the Service, which:
   

• violates any patent, trademark, trade secret, copyright, right of publicity or other rights of any other person or entity or that violates any law or contractual obligation;
• it is known to be false, misleading, or inaccurate;
• is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of the privacy of others, harming, obscene, vulgar, pornographic, offensive, blasphemous, contains or depicts nude scenes, contains or depicts sexual activity, promotes fanaticism, discrimination or violence, or is otherwise inappropriate as determined by Cattex in its sole discretion;
• contain viruses or other computer codes, files, or programs that are designed or intended to destroy, delete, damage, limit or interfere with the proper functioning of any software, hardware or telecommunications equipment or damage or gain unauthorized access to any system, data, password or other information from Cattex or third parties;
• include anyone's identity documents or sensitive financial information;
• violates the privacy policy, regulations or rules incorporated in this document.
  
  

The User also understands that:

1. Will avoid using the Service for commercial or advertising purposes without the express authorization of Cattex;
   
2. Will avoid interfering in any way with the elements linked to the safety of the www.cattex.com site and the services offered;
3. That Cattex has a zero-tolerance policy towards child pornography, so it will disconnect and report to the competent authorities all users who publish or distribute child pornography.
4. That Cattex will proceed to evaluate the contents sent by the Users as well as the contents spontaneously uploaded by the Users. Should it evaluate them, according to its unquestionable judgment, not compliant with this Agreement or the law, reserves, at any time and in any case, the right to request the User to delete the contents or delete them from the Platform and prevent their publication.
5. That permission to capture images in public places may vary depending on the country. With reference to the Italian legislation, if a person is in a public place, one should ask for permission only if it were to fall within the frame of the photograph. However, if you are in a private property, such as a private residence or a business, permission to capture images must always be requested. Please do not capture images of people in their homes, offices, etc., to avoid privacy violation.
6. That the law establishes, as a general rule, that images and videos representing third parties can be published only if the person who is portrayed in them has previously consented to the publication. This rule (Article 10 of the Civil Code, Article 96 of Law No. 633/1941) applies to any type of public dissemination, therefore also to online publications, including sharing on a social network profile.
7. That Cattex requires, in order to proceed with publication, assurance that if a person is present in the photo the user uploading on the website has received the consent for publication. If the User confirms the consent, he becomes the only responsible in case of damages suffered by the subject portrayed following publication.
8. That the exposure or publication of the image of others is abusive, (pursuant to and in accordance with articles 10, 96 and 97 of the Law 22 April 1991 No. 633 on copyright) not only when it occurs without the consent of the person or without the concurrence of other circumstances foreseen as suitable to exclude the protection of confidentiality, but also when it is such as to cause prejudice to the honor, reputation or dignity of the person.
9. The User undertakes to indemnify Cattex from any damage caused to other Users or third parties as a result of the publication and / or the related economic exploitation of images or videos without obtaining their consent. Cattex is not responsible in any way for images published on the Platform without having received the prior consent of the persons present in the shots. Therefore, those who see their image published without consent may, before taking legal action against the photographer who took this image or video, impose the cancellation of the same to the unlawful user. Eventually you can also request the cancellation on the platform on which the image is published, giving notice to cattex@cattex.com. As proof of this, the law on privacy recognizes the right to request at any time the cancellation of personal data (including photographs and videos).
   

6) Cattex as a Producer, online ecommerce and product customizer.

1. Our balloons are made with 100% natural and certified latex in accordance with regulations:
   For a perfect preservation, leave the product inside the bags at a temperature of 5° / 25°, away from light and heat.
   Before being sold, the customer is obligated to check the integrity of the product and affix on the packages to the public all the information necessary for compliance with current regulations. Below is the wording to be used on the packaging:
   Warning! Children under eight years can choke or suffocate on uninflated or broken balloons. Adult supervision required. Keep uninflated balloons from children. Discard broken balloons at once. Made of natural rubber latex. Use a pump to inflate the balloon!
   Keep balloons away from eyes and face, the bursting of the balloon may cause injury.
   Keep address and warning for further reference.
   On the packaging must also be present name and address of the distributor or the person who places these balloons on the market.
   Cattex does not replace previously inflated balloons and balloons out of their original packaging.
   The colors shades of the balloons may vary from one batch to another. Metal colored balloons for their chemical composition, develop less in volume than standard colors. The pantone colors are realized with a good approximation, but given the particularities of the product, it is not possible to compare it to 100%.
   
2. Cattex does not carry out any activity of administration, promotion or intermediation of work (pursuant to articles 4, 5 and 20 of Legislative Decree 276/2003, the so-called Biagi Law).
3. To allow Cattex to provide its Service in the best possible way, all rights of image processing regarding the personalization of products are transferred to Cattex.
4. The User acknowledges and agrees to be solely responsible for his photos or videos and any other content and consequences of their publication, and declares to be aware that Cattex is not responsible for any consequences related to the aforementioned contents uploaded by the User.
   

7) Prices and payment methods.

ll prices on the www.cattex.com website are to be seen net of VAT (if applicable). The VAT rate varies depending on the buyer's country of residence:

1. ITALIAN BUYERS: the VAT rate is 22%.
2. BUYERS EU COUNTRIES: a) for companies or private persons holding a VAT number, the VAT rate is 0% as foreseen by article 7-ter, paragraph 1, lett. a of the D.P.R. 633/1972. According to the European Council Directive 2006/112 / EC, the buyer could be subject to VAT according to the reverse charge procedure, b) for private persons not holding a VAT number the VAT rate is equal to 22% because the transaction is subject to the Italian tax.
3. BUYERS EXTRA EU COUNTRIES: the VAT rate is 0% as per article 8, paragraph 1, letter a) of Presidential Decree no. 633/72.
   

Payment methods accepted by Cattex are:

• Paypal
• Bank Transfer
  
• Credit cards
  
• Cash on Delivery (in some cases)
  

8) Shipping Methods - Pick Up From Store

1. Order processing times depend on the shipping method chosen during "checkout":
   a) Same Day: the goods will be shipped the same day we receive the order (available from Monday to Friday until noon).
   b) Next Day: the goods will be shipped the day after we receive the order (available from Monday to Thursday).
   c) Express: the goods will be shipped within 48 hours of receiving the order (available from Sunday to Wednesday).
   d) Ship On Monday: the goods will be shipped the Monday after we receive the order (available from Thursday to Sunday).
   e) Standard: the goods will be shipped within 3-5 days of receiving the order (always available).
   f) Pick Up From Store: the goods will be collected directly by the customer and it will be his responsibility to specify the day of collection (always available).
2. The price of shipments is calculated automatically by the system, it varies according to the method chosen and the total weight of the goods.
   
   

Attention:

• These options specify the shipping method and not the delivery date! Therefore, we will not be held responsible for any delays in the delivery of the goods.
• These shipping methods are available only in Italy, foreign countries can only choose the standard option.
  
• Orders with a large number of products or containing customized balloons could be processed with a delay, the user will be notified before proceeding.
  
• Some options are automatically disabled on certain days and times.
• Some options are automatically disabled for high weight orders.
  
• The goods travel at the customer's risk.
• Upon receiving the goods check the integrity of packages and sign with "content control reserve" if any defects or tampering are detected.
  
• The "pick up from store" option can also be used for small additions to existing orders. This will avoid additional shipping costs
  
• We do not guarantee the "pick up from store" on the same day or the day after the order has been completed, it will be our responsibility to inform you if this option is available and any additional costs.
  

9) Withdrawal Right Or Returns

All users who purchase goods through web platforms or telephone (where the product cannot be physically seen) have the right to return these goods to the seller and receive a refund, as specified in Legislative Decree 206/2005. This is applicable for any scenario where goods need to be returned to us.

1. The goods must be sent to the following address: Cattex srl, via Catallo snc, Casalvieri (FR) 03034, Italy
2. The right to withdraw must be exercised within 14 calendar days of receipt of the goods.
3. Cattex will provide a full refund of the goods purchased (plus any transport costs) within 14 calendar days of receipt of the withdrawal request by the consumer.
4. Shipping costs to send back the goods will be handled entirely by the consumer.
   

Attention:

• The right of withdrawal cannot be exercised after the established period of 14 calendar days.
• the right of withdrawal cannot be exercised for customized products (ex. advertising balloons)
• the right of withdrawal cannot be exercised for customers outside the EU.
  
• the right of withdrawal can be exercised only if the good is returned intact, with the original seal and must not have been manipulated in order to reduce the original value.
  

10) Responsibility of the user

1. You (the user) are responsible for ensuring that you have all rights to the content uploaded and / or published by you, and that you have the right to transfer them with this agreement to Cattex. Otherwise, it will be up to you to compensate any damage caused to third parties as a consequence of the "stolen" contents and indemnifies Cattex from any violation or damage created to third parties.
2. The user must also ensure (without limitation) that the published content is not illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of the privacy of others, harmful, obscene, vulgar, pornographic, offensive, blasphemous, contains or depicts nude scenes, contains or depicts sexual activity, promotes fanaticism, discrimination or violence, or is otherwise inappropriate as determined by Cattex in its sole discretion.
3. The user must ensure the consent of the persons whose portrait is present in the images published by the same. If the consent has not been requested, and the image has caused damage to the person represented in the same, the only responsible is the user.
4. The user agrees to keep Cattex out of any claims or damages that may arise from the publication of its contents.
5. The user accepts that all images visible on the www.cattex.com platform are owned by Cattex and can not be reproduced in any way.
   

11) Cattex limitations of liability.

1. Cattex is not responsible towards the Users for contractual responsibilitys nor for illicit fact (even if a consequence of slight negligence); for any consequential damage or loss, including any destruction of data. Cattex is liable only for direct damages caused intentionally or through incredible negligence. Under no circumstances must Cattex be held responsible for any consequential, special or punitive damages or for any injury or damage caused to third parties.
2. For the sake of clarity, it should be noted that Cattex will not be liable in any way for damages caused to the User or to third parties as a result of the publication of "stolen" content to others or images created without the consent of the interested parties.
3. Cattex is not responsible for the content of the photos published through the platform itself. By accepting these terms the User is aware of the fact that he may have to deal with photos that contain inaccurate, offensive or immoral information. By accepting these terms, the User waives all rights or legal remedies to claim any responsibility on the part of Cattex in relation to the content of such photos or videos.
4. Each User undertakes to indemnify Cattex in relation to any claims, costs (including legal fees), damages, expenses, liabilities and losses incurred by Cattex, deriving from the unauthorized use by the User of any photo or video, arising from the content of the photos or videos or any other violation by the User of the obligations of this Agreement.
5. Cattex may transfer or assign this Agreement to third parties without separate notice, without incurring any liability.
6. Cattex also does not guarantee that the Platform and the services it contains are available without interruptions, risks or errors, nor does it assume responsibility for technical, hardware or software failures, network connection interruptions, failed, incorrect, inaccurate user registrations. , incomplete, illegible, damaged, lost, delayed, incorrectly addressed, not received, electronic or other communications delayed or incorrect, problems in uploading multimedia content and problems with the functioning of software already on the Site.
7. Cattex will not be responsible for the destruction, disappearance or alteration of any uploaded photo.
   
8. Except in cases of willful misconduct or incredible negligence under the law, Cattex is not liable for losses (including goodwill or commercial reputation) or damages suffered in these cases:
   

• following the modifications that Cattex may make to the Platform or the services contained in it, or for the temporary or permanent closure of the platform;
• for the cancellation, corruption or loss of multimedia contents and other data stored or transmitted via the Platform;
• for the User's failure to provide Cattex with accurate and truthful information about the account being registered;
• for failure by the registered User in keeping the account data secret and confidential.
  

12) Complaints.

1. Any complaints relating to the contents must be submitted by sending an email to cattex@cattex.com.
   

13) Autonomy of the parties.

1. Cattex and its Users, act in full autonomy and independence. The provisions of this Agreement do not give rise to any relationship between agency, association, coordinated and continuous collaboration, intermediation or subordinate employment.
2. These Terms and Conditions together with the Privacy Policy, regulate the legal relations between Cattex and the User, and completely replace any previous agreement between the Parties, which undertake to interpret and execute them in good faith.
3. If one of the clauses of this agreement is declared invalid by a competent judge, the invalid provision will be removed from the Terms and Conditions without affecting the remaining provisions to the extent permitted by law.
4. In case of violation, by the User, of these Terms and Conditions and / or the rules of use of the Platform and / or the rules established from time to time for individual initiatives, Cattex reserves the right to:
   

• suspend or cancel (terminate the contractual relationship) the related account at its sole discretion, with or without prior notice at its sole discretion;
• prevent the User from using the Platform.
  

14) Settlement of disputes.

1. All disputes arising from this agreement, which can not be resolved through mutual negotiations, are resolved by the Court of Cassino.
   

15) Interpretation to the contrary.

1. Each provision or part of this Agreement will in any case be interpreted as a whole according to the right meaning and without implying a presumption that the terms should be interpreted more restrictively towards a Party, for example, based on the interpretative rule that a the document must be interpreted more restrictively against the party that prepared the same, being understood that the parties have independently decided to accept the present Contract without any restriction.
   
   Pursuant to and for the purposes of articles. 1341 and 1342 of the Civil Code, the User specifically subscribes and accepts the following articles of these Terms and Conditions: 2 (Parts and object of the Agreement), 3 (Duration-Resolution - Withdrawal), 4 (Registration to Cattex), 5 (Rules and Conduct), 6 (Cattex as a producer, online ecommerce and personalizer of products), 7 (prices and payment methods), 8 (Shipping methods and/or pick up from store), 9 (Withdrawal Right Or.), 10 (Liability of the user), 11 (Limitation of liability of Cattex), 12 (Complaints), 13 (Autonomy parts), 14 (Resolution disputes) and 15 (Interpreting contrary).
   
   

THIS AGREEMENT WAS FIRST WRITTEN IN ITALIAN AND TRANSLATED SUBSEQUENTLY IN OTHER LANGUAGES. THE FIDELITY OF TRANSLATIONS CAN NOT BE GUARANTEED. IN CASE OF CONFLICT BETWEEN THE ITALIAN LANGUAGE VERSION AND THAT IN OTHER LANGUAGES, THE ITALIAN VERSION WILL HAVE THE PRIORITY.