GENERAL TERMS AND CONDITIONS OF SALE
This document governs the offer and sale of products made on the website www.kimera-design.com. The Customer, before submitting his/her purchase order, is required to carefully read and print and/or keep, in other possible ways, these General Terms and Conditions of Sale. Sending the order implies full knowledge and express acceptance of the provisions set forth below. In the event of changes to the General Conditions of Sale, those published on the site at the time of sending the purchase order by the Customer shall apply.
These General Terms and Conditions of Sale are governed by the Consumer Code (Legislative Decree 206/2005), Part III, Title III, relating to distance contracts and Part IV, as amended by EU Directive 2011/83, transposed by Legislative Decree No. 21 of February 21, 2014, as well as by the rules on electronic commerce (Legislative Decree No. 70/2003) and apply to the sale through the Internet of products, as identified and listed on the site. For anything not expressly regulated by these General Terms and Conditions of Sale, express reference is made to the aforementioned legislation, as well as to Legislative Decree no. 196 of June 30, 2003 (Privacy Code), the Civil Code and other applicable industry regulations.
OBJECT OF THE CONTRACT
By means of this site, Daken S.p.A. offers the retail sale of Designer Fire Extinguisher Doors produced by it under the electronic commerce regime.
Daken S.p.A. sells to the Customer, whether natural or legal person, who purchases at a distance the products indicated and offered for sale on the site of its own ownership www.kimera-design.com.
The sales contract is concluded exclusively through the Internet network, by means of the Customer’s registration to the same site, filling in and submitting a purchase order according to the procedure provided by the same site.
IDENTIFICATION OF THE COMPANY
The products are sold directly by Daken S.p.A. (P.Iva/ C.F.: 06339760727) – REA Number: MT 77227,
having its registered office: via Raffaele Bovio, 32, Bari -70126 and operational headquarters: Zona Ind.le Jesce, 75100 – Matera
For any inquiries you can contact the company at the email address: firstname.lastname@example.org or by phone: +39 0835 292811
The products for sale on www.kimera-design.com are designer fire extinguisher holders made of nylon and aluminum and polypropylene. The products made by Daken S.p.A., can be customized in accordance with as indicated on the respective product pages of the site.
Each product will be accompanied by images, technical data and a product data sheet. However, the same may not be complete and exhaustive of the product’s own characteristics.
The words “AVAILABLE” at the act of the product displayed is purely indicative, given the possibility of multiple purchases at the same time by multiple users. For this reason, Daken S.p.A. reserves the right, once it has received the order and the relevant credit, to check the availability of the good and, failing that, to promptly notify the non-acceptance of the order sent.
In the event that a product ordered by the customer is no longer available, Daken S.p.A. has no obligation to deliver the goods in question. The customer may decide to cancel the order or receive the order with the products available. The customer will pay only for the products he/she will receive, will be reimbursed the total cost of the unavailable products.
PRICES AND SHIPPING COSTS
Prices are shown on each product sheet at the time of order and are to be considered, unless otherwise indicated, per unit of product. Unless expressly stated on the product sheet, all product prices are in Euros (€) and include VAT, while shipping costs are calculated according to the destination location.
Prices may change at any time, however, possible changes will not affect products for which the order has been confirmed.
Prior to the transmission of a purchase order, the Customer must register in the manner indicated on the site. Registration makes it possible not to have to re-enter personal information each time a new purchase is made, to monitor shipping and to make complaints or returns of goods.
To register and proceed with purchases, you can either fill out the registration form, entering the required information, or use your already registered account. In both procedures there is a password access, which can always be changed, even after successful registration. Registration is confirmed by email sent to the address provided by the user. The username/email and password constitute the “Registration Credentials” to access the platform
The Registration Credentials are personal and cannot be transferred to third parties.
The Customer assumes full responsibility for the use of the aforementioned password and all orders transmitted using it even if without his/her knowledge. The Customer is required to notify Daken S.p.A. in case of misuse of the same, theft and/or loss.
The Registration Credentials may be changed by the user at any time through access on the Site in the “Profile – Account Settings – Change Password” section.
You will always be able to delete your account via access on the Site in the “Profile – Account Settings – Deactivate Account” section.
In all cases, the User guarantees the completeness, correctness and truthfulness of the data provided.
In particular, the User warrants that: (a) to be of legal age and capable (if a minor, registration, data entry and the purchase procedure must be carried out by a parent or in any case by an adult); (b) to possess the requirements requested at the time of registration or order; (c) to be the legitimate owner of the data entered, which are to be understood as true, correct and up to date; d) comply with all legal and contractual regulations applicable to the relationship with The Seller; e) undertake to respect the provisions dictated by national legislation with particular reference to the rules of a mandatory nature, relating to public order and morality; f) not to transfer to third parties their Credentials.
The Seller reserves the right not to accept the request for registration or order, as well as to remove a User in all cases in which abuse, irregularities, impropriety and the like may be detected.
All data communicated by Users to the Seller will be processed in compliance with EU Regulation 2016/679 (GDPR) and the Privacy Code, according to the Information Notice on the Site and accessible at the following LINK.
The e-mail address provided allows the Seller to notify the User of all messages related to the Services, products and the Site in general.
PURCHASE PROCEDURE AND ORDER TRANSMISSION
The Customer may proceed to the purchase of one or more products published on the site through an action of clicking on the “add to cart” button. Once the cart is filled with the selection of the desired items, the Customer may proceed to the purchase of the same through the “proceed to payment” button. The order procedure that follows will require registration with the Site.
During the order procedure, the Customer will have the opportunity to enter their personal data, the place of shipment of the goods, the data of any billing, the chosen means of payment, the authentication credentials for payment. At the end of the compilation, the Customer will have the opportunity to check and modify the data entered. Once the data has been verified, the Customer will finally be able to validate and transmit the order (hereinafter “Purchase Order”) through a confirmation click on the “Buy” button.
The transmitted order will be considered as a contractual proposal of purchase by the Customer for the individual items included in the order. Acceptance of the order will be attested by an automatic “Order Confirmation” email. The aforementioned automatic emails do not constitute acceptance of the purchase proposal, which will be finalized only after verification of the data and availability of the requested products. The purchase contract will be considered finalized only when the item appears “In Process” in the “Orders” reserved area available on the site.
The transmission of the Purchase Order constitutes an irrevocable commitment of the Customer to the purchase. This commitment may be called into question only in the cases provided for by Law and pertaining to the “right of withdrawal” referred to in the next point.
Immediately after clicking on the “Buy” button, the Purchase Order will be stored in the platform of Daken spa. The Customer can view it at any time in the “My Orders” section available on the pages of the Site. The Customer will receive a communication via email – addressed to the email box indicated in the purchase procedure – in which all the elements of the Order will be summarized such as: characteristics of the product ordered, indication of the price, selected payment method, shipping costs, delivery time. It is recommended to keep the email received as proof of purchase, storing it on digital media.
METHOD OF PAYMENT
Payment can be made by: Visa credit card, Mastercard, American Express through the Stripe payment platform.
The Customer is required to communicate the request for particular tax and accounting documents during the purchase process. In particular, legal entities will be able to indicate the VAT number and request email delivery of the invoice related to the Purchase Order. For administrative reasons, the issuance of purchase invoices requested by the user after the time of the order cannot be guaranteed.
For the issuance of the invoice will be based on the information provided by the Customer in the Purchase Data section of the Site, therefore Daken S.p.A. invites you to always check, with the utmost care, the accuracy of the data provided therein.
MODE AND TIME OF DELIVERY
Delivery times for ordered goods vary depending on the product chosen by the customer and the date of receipt of payment.
Delivery times are given in working days/hours/ including/excluding holidays.
Times are estimated and cannot be guaranteed due to major forces or unforeseen circumstances and may vary for deliveries to islands or inconvenient locations.
For all shipments within the European and International territory, shipping costs are expressly stated at the time of order.
In the member countries of the EC, shipping is done with the DDP (Delivery Duty Paid) formula, so the goods will arrive directly at the indicated delivery location without having to pay any additional amount over and above what has already been paid at the time of the order. For all other countries the DDU (Delivery Duty Unpaid) formula is used, so the courier company may submit a separate invoice with which it requests payment of duties and taxes required by local authorities. Buyer residing in a non-EC country is advised to inquire about local taxes and duties, before placing the order.
RECEIPT OF GOODS
The Customer is always required to check the integrity of the goods upon delivery.
In case of tampering and/or breakage, the customer must immediately dispute the shipment and/or delivery indicating the reasons on the document that the courier will have signed.
Daken S.p.A. cannot be held responsible for delays or non-delivery of products caused by circumstances beyond its reasonable control.
By way of example but not limited to, cases of force majeure include: total or partial strikes, internal or external to the company, blockage of means of transport, wars, natural disasters, epidemics, acts, decrees, laws, regulations, restrictions in general by any government or any other event that makes impracticable the production, transport or delivery of the products purchased.
In the event of force majeure, therefore, the execution of the Order will be suspended. This suspension will have a maximum duration of thirty days, after which the purchase order will be deemed automatically cancelled.
RIGHT OF WITHDRAWAL then we make the direct link to the other page.
Since these are B2C sales, the Customer, as a “Consumer” as defined by Article 3 of the Consumer Code, has the right, pursuant to Article 52 of the same Code, to withdraw from the purchase contract without penalty and without any obligation to specify the reasons within the conventional term of 14 fourteen days from the day on which the Customer or a third party other than the carrier but designated by the Customer, acquires physical possession of the product purchased.
However, the exercise of the right of withdrawal under Article 59 of the Consumer Code is excluded in cases of sale the supply of goods made to measure or clearly customized.
In the event that the product on sale falls in the above cases, the Site will display this indication with the words “right of withdrawal not applicable.”
To exercise the right of withdrawal, the Consumer, before the expiration of the designated conventional term, shall: using the Site itself in the “make a return” section.
Pursuant to art. 57 of the Consumer Code, the return of the Products to the Seller, must be made without undue delay, and in any case no later than 14 (fourteen) days from the date on which the Consumer communicated his or her decision to wish to withdraw. The date of receipt of the notice of withdrawal by the Seller and the date of acceptance of the Product by the post office or the date on which the goods are taken over by a forwarding agent shall be decisive.
If the Customer has exercised the right of withdrawal in accordance with the provisions of these conditions, Daken S.p.A., once verified the integrity of the returned Product, will refund the Customer the full amount paid, no later than 14 (fourteen) days from the date of receipt of the Product, by the same means of payment used by the Consumer.
The product must be returned in its original packaging and intact in all its parts and accessories.
The substantial integrity of the product to be returned is an essential condition for the exercise of the right of withdrawal.
Pursuant to the Consumer Code, the Customer is responsible for the decrease in the value of the products resulting from handling the products other than what is necessary to establish the nature, characteristics and verification of the functioning of the goods. In such a case, the Seller reserves the right to ask the user to refund the decrease in value found.
If the Customer encounters any problems regarding the products received, he/she has the right to contact the Seller’s service department, through the email address email@example.com , within 3 (three) days after Delivery, to dispute any order discrepancies, incorrect items or missing parts.
The return of discrepant merchandise will result in the replacement of the same. It will be the Seller’s option to opt for a monetary refund as an alternative to replacement
The replacement practice is initiated upon receipt of the documentation produced by the Customer, accompanied by photographic material describing the damage complained of. The Customer is advised to keep the original packaging and delivery document.
The Seller will contact the Customer within 3 (three) working days in order to reduce the waiting time and provide every detail for the return of the purchased products, with particular reference to the place of destination of the return and wording to be affixed on the packaging.
For the return of the return it will be the responsibility of the Customer to properly pack the parts in their original packaging to avoid damage.
Commissioning and subsequent shipment of replacement goods will occur immediately upon receipt of the return. Replacement of a product or part of a product may require the same delivery time and delivery method as stated in the purchase order or longer.
The cost of returning products as described in the items in this chapter shall be borne by the Seller.
The Seller, pursuant to Article 132 of the Consumer Code shall be liable for the conformity defect manifested within the term of two years from the delivery and/or collection of the Product.
The Customer forfeits his warranty rights if he does not report the lack of conformity to the Seller within the term of two months from the date on which he discovered it.
In any case, the Customer’s action directed at asserting such defects shall be prescribed within the term of twenty-six months from the delivery of the good.
In cases where the Product presents a conformity defect, the Customer must give notice to the Seller within two months from the discovery by registered mail with return receipt: Zona Ind.le Jesce, 75100, Matera, Italy or by pec to the email address: firstname.lastname@example.org
This website, the trademark “Kimera-Design” and any object of intellectual and industrial property pertaining to the same are the exclusive property of Daken S.p.A.
Any partial or total reproduction is prohibited, on any kind of support, in the species it is forbidden to copy, disclose and modify the contents protected by copyright, registered trademarks or other intellectual and industrial property rights.
COMPLAINTS – COMMUNICATIONS – INFORMATION
For any information or complaint, or for any communication relating to these general conditions of sale, orders and/or Kimera Design products, the Customer may contact Customer Service by sending an email to email@example.com or by calling the telephone number 0835 292811 active from Monday to Friday, from 8:30 am to 5:30 pm.
JURISDICTION AND COMPETENT COURT
For the resolution of disputes arising from the interpretation, validity and/or execution, of these general conditions of sale, it is possible to have recourse to the out-of-court dispute resolution procedures, referred to in Part V, Title II-bis, of the Consumer Code, before the consumer mediation bodies pursuant to Legislative Decree No. 28 of February 4, 2010 and the other ADR (i.e. Alternative Dispute Resolution, i.e., alternative to judicial resolution of disputes) bodies indicated therein.
The European Union has implemented a platform for the resolution of disputes arising online, so please see this link: https://webgate.ec.europa.eu/odr or this address, which links directly to the Italian-language platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=IT
If the Customer is a “Consumer” as defined by art. 3 of the Consumer Code, he/she has, also, the right to resort to ordinary ways for resolution and in this case the mandatory territorial jurisdiction will be that of the judge of the place of residence or domicile of the same.