ONLINE SELLING CONDITIONS
These terms and conditions are valid exclusively between the company Katu Kids srl, with registered office in via Calabria, 56 - 00187 Rome, Economic Administrative Index 14883791007 Tax code, VAT number ..., hereinafter referred to as ''KATU KIDS'' and any person who make online purchases of Katu Kids brand products on the Website www.kadukids.it, hereinafter referred to as ''CUSTOMER ''.
These conditions may be subject to change and the publication date of the same on the Website is equivalent to the date of entry into force.
These conditions govern the purchases made on the Website www.kadukids.it, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree 6 September 2005 n. 206 and subsequent amendments and additions.
The Products are sold with the characteristics described on the Website and according to the Conditions published on the Website at the time of sending the order by the CUSTOMER, with the exclusion of any other condition or term.
Article 1 - Object of the Contract
With these general conditions of sale, KATU KIDS sells and the CUSTOMER remotely purchases the goods indicated and offered for sale on the Website www.kadukids.it. The contract is concluded exclusively through the Internet, through the access of the CLIENT at www.kadukids.it and the realization of a purchase order according to the procedure provided by the Website.
The customer undertakes to examine, before proceeding with the confirmation of his / her order, these general conditions of sale, in particular the pre-contractual information provided by KATU KIDS and to accept them by affixing a flag in the indicated box.
In the e-mail confirming the order, the CLIENT will also receive a link to download and file a copy of these general conditions of sale, as provided for by art. 51, paragraph 1, Legislative Decree n. 206/2005.
In order to make purchases through the Website, the CLIENT must be of age of majority (18 years) and the capacity to act, which the CLIENT declares to possess.
Any costs for the Internet connection to the Website, including the telephone, are charged exclusively to the CUSTOMER, according to the rates applied by the operator selected by the CUSTOMER.
Article 2 - Pre-contractual information for the consumer customer - art. 49 of Legislative Decree n. 206/2005
Before the conclusion of the purchase contract, the CLIENT sees the characteristics of the goods that are illustrated in the individual tabs at the time of selection.
Before the validation of the order with "payment obligation", the CUSTOMER is informed about:
- total price of goods including taxes, with details of shipping costs and any other costs;
- payment methods;
- the deadline by which KATU KIDS commits to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 8 of these conditions) and withdrawal form as per Annex I, Part B of Legislative Decree 21 February 2014, no. 21;
- costs that the CUSTOMER will have to pay for the return of the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the purchased goods;
- after-sales assistance conditions and commercial guarantees provided by KATU KIDS.
The CLIENT can at any time and in any case before the conclusion of the contract, take note of the information relating to KATU KIDS, the geographical address, telephone and fax number, e-mail address, information that is reported, also below:
KATU KIDS S.R.L.
registered office: via Calabria, 56 - 00187 Rome
certified electronic mail: firstname.lastname@example.org
Article 3 - Conclusion and effectiveness of the contract
The presentation of the goods on the Website, which is not binding for KATU KIDS, represents a mere invitation to the CLIENT to formulate a purchase contract proposal and not a public offer.
The purchase order sent by the CUSTOMER to KATU KIDS through the Website has the value of a contract proposal and is governed by these Conditions, which are an integral part of the order itself and that the CLIENT, by transmitting the order to KATU KIDS, is obliged to accept fully and without reservation. Before proceeding to purchase the Products, by sending the purchase order, the CLIENT will be asked to read carefully these Conditions and the information on the right of withdrawal.
The sales contract is considered concluded with the e-mail confirming the order sent by KATU KIDS to the CUSTOMER. The e-mail contains the data of the CLIENT and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of these conditions.
The CUSTOMER undertakes to verify the correctness of the personal data contained in the aforementioned email and to promptly notify KATU KIDS of any corrections / changes to be made.
KATU KIDS undertakes to describe and present the items sold on the Website in the best possible way. Nevertheless, some errors, inaccuracies or small differences may occur between the product shown on the Website and the actual product. Furthermore, the photographs of the products presented on www.katukids.it do not constitute a contractual element, as they are considered only representative.
Article 4 - Delivery times and availability of products
The Website indicates the availability of products and delivery times of the same, however this information is to be considered purely indicative and not binding for KATU KIDS.
KATU KIDS undertakes to do its best in order to comply with the delivery times indicated on the Website and, in any case, to perform the delivery within a maximum time of 30 (thirty) days starting from the day following that on which the CUSTOMER transmitted the order.
The availability of products refers to the actual availability at the time the CUSTOMER places the order. Such availability must however be considered purely indicative as:
- the products could be sold to other CUSTOMERS before the order confirmation, due to the simultaneous presence of multiple users on the Website,
- a computer anomaly could occur that would make available for purchase a product that is actually not.
Even after sending the order confirmation e-mail sent by KATU KIDS, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the product or products not available and the CUSTOMER will be immediately informed about it by e-mail; with this e-mail the customer will also be informed about the methods and timing of repayment of any sums paid.
Article 5 - Procedure for selecting and purchasing the Products
The Products presented on the Website may be purchased through the selection of the Products of interest to the CLIENT and their inclusion in the appropriate virtual shopping cart. After the selection of the Products, to make the purchase of the Products included in the cart, the CLIENT will be invited to (i) register on the Website, providing the requested data, or (ii) to login, if the CUSTOMER is already registered or (iii) to provide his / her data in order to complete the order and allow the contract to be finalized. If the data indicated in the order are different from those provided during registration on the Website, the CLIENT will be asked to confirm his / her data (but not limited to: name, surname, etc.), as well as the address to deliver the selected Products, the billing address and, optionally, a telephone number to can contact him for any communications relating to the purchase made. The CUSTOMER will display a summary of the order to be executed, the content of which can be modified: therefore, the CLIENT, after careful reading, must expressly approve these Conditions, through the appropriate check-mark on the Website and finally, through the "Insert order" button, the CUSTOMER will be asked to confirm his order "with payment obligation", which will be permanently sent to KATU KIDS and will produce the effects described in the previous article 3 of these Conditions. The CUSTOMER will also be asked to choose the shipping method and the payment method, among those available.
If during the process of selecting the Products on the Website referred to in the previous paragraph, the CUSTOMER finds that the price of one or more of the Products that he / she intends to select for the subsequent purchase is clearly lower than that normally applied, net of any discounts and / or promotions at that time in force, due to an obvious technical problem occurred on the Website, please do not complete your purchase order and report the above technical error to the KATU KIDS Customer Service, by sending an e-mail to the following address. … .
Article 6 - Methods of payment
Each payment by the CUSTOMER can be made only by credit cards indicated on the Website www.katukids.it, by bank transfer, by Paypal, providing immediate payment (contextual to the purchase) and communicating the related data relevant via secure connection.
The communications relating to the payment and the data communicated by the CUSTOMER when the payment is made, take place on special protected lines. The security of payment by credit card is guaranteed by VBV (Verified by VISA) and SCM (Security Code Mastercard) certification.
KATU KIDS reserves the right to verify the details indicated by the CUSTOMER.
If payment is made by credit card, the purchase amount will be charged only at the time of transmission of the order confirmation from KATU KIDS to the CUSTOMER.
If the payment is made by bank transfer to KATU KIDS, the CLIENT must indicate the "Swift" and "IBAN" codes shown in the order confirmation, as well as the order number.
In case of payment with Paypal, the actual charge will be made at the time of sending by KATU KIDS of the order confirmation e-mail.
The CUSTOMER expressly accepts that the execution of the contract by KATU KIDS will start when the price of the purchased Product (s) is credited to the current account of KATU KIDS.
Article 7 - Prices, shipping costs, taxes and fees
All sales prices of the products indicated on the Website www.katukids.it are expressed in Euro and include VAT, and where applicable, any indirect taxes.
Shipping costs are not included in the purchase price, but are indicated and calculated at the time of the conclusion of the purchase process before the payment is made, and the CLIENT commits himself to paying them to KATU KIDS in addition to the price indicated on the Website.
The CUSTOMER accepts the right of KATU KIDS to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the Website at the time of the creation of the order and indicated in the confirmation e-mail sent by KATU KIDS to the CLIENT.
In the event of an IT, manual, technical, or any other kind of error that could result in a substantial change, not foreseen by KATU KIDS, of the public sale price, which makes it exorbitant or clearly derisory, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 14 days from the day of cancellation.
The CUSTOMER declares that the lack of knowledge of the costs, charges, taxes and / or taxes referred to in the previous paragraphs, when sending an order to KATU KIDS, can not constitute grounds for termination of this contract and can not in any way charge the aforementioned costs to KATU KIDS.
If the Products are to be delivered in a country outside the European Union, the total price indicated in the order and confirmed in the order confirmation, including indirect taxes (if applicable) is net of any customs duties and any other sales tax, which the CLIENT commits to pay, if due, in addition to the price indicated in the order and confirmed in the order confirmation, as provided by the legal provisions of the country in which the Products will be delivered . The CUSTOMER is invited to inquire with the competent bodies of their country of residence or destination of the Products, in order to obtain information on any duties or taxes applied in the country of residence or destination of the Products.
Any other possible cost, charge, tax and / or duty that a given country should apply are the sole responsibility of the CUSTOMER, for any reason whatsoever to the Products ordered in accordance with these Conditions.
The CUSTOMER declares that the lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the two previous paragraphs, when sending an order to the Seller, can not constitute grounds for termination of this contract and that it will not in no way charge the aforementioned charges to KATU KIDS.
Article 8 - Right of withdrawal
In accordance with the provisions of the law in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days from the date of receipt of the products.
The CLIENT who intends to exercise the right of withdrawal must communicate this to KATU KIDS through an explicit declaration, which can be sent by registered letter with acknowledgement of receipt or by certified electronic mail.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively transmit the standard withdrawal form, as per Annex I, Part B, Legislative Decree 21/2014 (not mandatory). whose text is shown below:
Standard withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(fill in and return this form only if you wish to withdraw from the contract)
KATU KIDS S.R.L.
registered office: via Calabria, 56 - 00187 Rome
tel. … +390645763552
certified electronic mail: email@example.com
Herewith I / we (*) notify (*) the withdrawal from my / our (*) contract of sale of the following goods / services (*)
- Ordered on (*) / received on (*)
- Name of CUSTOMER (S)
- Address / of CUSTOMER (S)
- Signature of CUSTOMER (S) (only if this form is sent in hard copy)
(*) Delete the wording not used.
In case of exercise of the right of withdrawal, the CLIENT is required to return the goods within 14 days from the day on which he / she communicated to KATU KIDS his / her wish to withdraw from the contract pursuant to art. 57 of Legislative Decree n. 206/2005.
The goods must be returned to KATU KIDS S.R.L., at the deposit of …, …, - … .
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, KATU KIDS will reimburse the amount of products subject to withdrawal within a maximum period of 14 days.
Regarding the return of the product object of withdrawal, KATU KIDS assures its customers the possibility to use a courier service that has an agreement with the same. In the event the customer decides to use this service, the shipping costs (except those related to the telephone booking) will be borne by KATU KIDS (Article 56, paragraph 1, Legislative Decree n. 206/2005). In the case in which the customer intends to use another courier service or another means of delivery, all costs will be at his /her charge (Article 56, paragraph 2, Legislative Decree No. 206/2005).
It is understood that in case of product defect the shipping costs will in be borne by KATU KIDS.
The CUSTOMER is responsible for the decrease in the value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods. Therefore, if the returned goods are damaged (for example with signs of wear, abrasion, scuffing, scratching, deformation, etc.), not complete with all their elements and accessories (including labels and tags unaffected and attached to the product), not accompanied by the attached instructions / notes / manuals, the original packaging and the certificate of guarantee, if any, the CLIENT will respond to the asset reduction, and will be entitled to reimbursement of the amount equal to the residual value of the Product. For this purpose, therefore, the CUSTOMER is invited not to manipulate the good beyond what is strictly necessary to establish the nature, characteristics and functioning of the same and cover the original packaging of the Products with other protective packaging that preserves the integrity and protects it during transportation even from writing or labels.
As foreseen by the art. 56, paragraph 3, Legislative Decree n. 206/2005, KATU KIDS may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates that he /she has returned the goods to KATU KIDS.
KATU KIDS will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CLIENT intends to exercise his right of withdrawal, he /she will have to provide KATU KIDS, by accessing the contact section, the bank details: IBAN, SWIFT and BIC necessary for the repayment, by KATU KIDS.
Article 9 - Legal guarantee of conformity
In case of receipt of defective products or in any case not in compliance with the orders placed, the CUSTOMER has the right to the restoration without expenses of the conformity of the product by repair or replacement of the product. The CUSTOMER can exercise this right if the defect occurs within two years from delivery of the goods and reports the defect to KATU KIDS within two months of discovery.
The application of any warranty in case of use or washing of the Product not conforming to that of the Product and to the instructions / warnings about it provided by KATU KIDS, or reported in the illustrative documentation, in the tags or in the labels, is excluded.
Under penalty of forfeiture of this warranty, the CUSTOMER has the duty to report any defects and non-compliance no later than 2 (two) months after discovery, by sending to the e-mail address ... the appropriate form correctly completed (click here to download the return form for defective product), with indication of the defect and / or non-conformity found, as well as the related documentation indicated in the return form (at least 1 (one) photo of the Product, the confirmation of order transmitted by KATU KIDS and / or the fiscal receipt).
After receiving the form and the relevant documentation, KATU KIDS will assess the defects and non-conformities reported by the CUSTOMER and, after having carried out the quality checks to verify the actual non-conformity of the Product, will decide whether to authorize the return of the Products by sending a reply to the CLIENT, containing the "Return Code", via e-mail to the address provided by the latter during the registration process on the Website or during the transmission of the order. The authorization to return the Products will not in any way constitute recognition of defects or non-conformities, the existence of which must be ascertained subsequent to the return. The Products of which KATU KIDS has authorized the return must be returned by the CUSTOMER, together with a copy of the communication of the return authorization bearing the "Return Code", within 30 (thirty) days from the notification of the defect or non-compliance, to the following address:
KATU KIDS S.r.l., Via Calabria n. 56, – 00187 Rome (Italy)
In case of defects or non-compliance, the CUSTOMER will have the right to restoration of conformity of the Product by KATU KIDS, through repair or replacement, or alternative remedies in the cases expressly provided for by art. 130 d.Lgs. n. 206/2005.
If KATU KIDS has undertaken to reimburse the CUSTOMER for the price paid, the refund will be made, where possible, by the same means of payment used by the CUSTOMER at the time of purchase of the Product or by bank transfer. It will be the responsibility of the CUSTOMER to communicate to KATU KIDS, always via e-mail to the address ..., the bank details to make the transfer in his / her favor and to ensure that KATU KIDS is put in a position to repay the amount due.
Article 10 - Liability for damage caused by defective products
With regard to any damage caused by defects of the Products, the provisions of the European Directive 85/374 / EEC and the Consumer Code are applied. KATU KIDS, in its capacity as distributor of the Products through the Website, frees itself from any liability whatsoever, none excluded and / or excepted, indicating, upon request of the damaged CLIENT, the identity and address of the relative manufacturer.
Article 11 - Methods of delivery
KATU KIDS will only accept orders to be delivered in the Italian territory and in the Republic of San Marino, in the member states of the European Union, in Russia and in the United States of America. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CLIENT of the order confirmation e-mail sent by KATU KIDS.
For every order placed on the Website www.katukids.it, KATU KIDS will issue an invoice for the goods shipped. The invoice is available and printable, after the order has been processed, in the "My orders" section of the "My account" space of the CUSTOMER. The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the same.
Article 12 - Responsibility
KATU KIDS assumes no responsibility for disservices due to force majeure or unforeseeable circumstances, even if they are due to malfunctions and disruptions of the Internet, in the event that it fails to execute the order within the time stipulated in the contract.
Article 13 - Access to the Website
The CLIENT has the right to access the Website for consultation and purchase. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the relative technology used remain the property of KATU KIDS and are protected by the intellectual property right.
Article 14 - Cookies
The Website www.katukids.it uses "cookies". Cookies are electronic files that record information relating to the navigation of the CLIENT on the Website (pages consulted, date and time of consultation, etc.) and which allow KATU KIDS to offer a personalized service to its customers.
KATU KIDS informs the CUSTOMER of the possibility to disable the creation of these files by accessing their Internet configuration menu. It is understood that this will prevent the CUSTOMER from proceeding with the online purchase.
For more information click here.
Article 15 - Integrality
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
Article 16 - Consumer customer data and privacy protection
In order to proceed with the registration, the order forwarding and therefore the conclusion of the contract on the basis of these Conditions, some personal data to the CLIENT are requested through the Website. The CUSTOMER acknowledges that the personal data provided will be recorded and used by KATU KIDS S.r.l., in accordance with and in compliance with the provisions of the Italian Law Legislative Decree n. 196/2003 and subsequent amendments - Privacy Code, to execute each purchase made through the Website and, subject to its consent, for any additional activities as indicated in the privacy statement provided to the CUSTOMER through the Website at the time of registration.
The CUSTOMER declares and guarantees that the data provided to KATU KIDS during the registration and purchase process are correct and true.
The CLIENT may at any time update and / or modify his / her personal data provided to KATU KIDS through the appropriate section of the "My Account" space accessible upon authentication.
Article 17 - Applicable law and competent court
Any sales contract concluded between KATU KIDS and CUSTOMERS pursuant to these Conditions will be governed and interpreted in compliance with Italian laws and in particular with the Consumer Code, with specific reference to the legislation on distance contracts and the Legislative Decree of April 9, 2003 n. 70 on certain aspects concerning electronic commerce. In any case, any rights granted to Consumers by mandatory provisions of the law in force in the State of the latter will be maintained.
In any case, it is possible to optionally resort to the procedures of mediation referred to in Legislative Decree 4 March 2010, n. 28, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale by accessing the following Website: https://webgate.ec.europa.eu/odr
If the CUSTOMER do not adhere to the conciliation attempt referred to in the previous paragraph or that attempt should have a negative outcome, the dispute will be referred to the judge of the place of residence or domicile of the CUSTOMER.