GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions (hereinafter the "General Terms and Conditions of Sale") govern without restriction the sales of products (hereinafter "Products") made between KATE CATE® (trademark owned by K DISTRIBUTION S.R.L.) and the Customers on the web site www.kate-cate.com .
Article 1. Purpose
- These General Terms and Conditions of Sale govern the rights and obligations of the Parties resulting from the sale of Products offered on the site www.kate-cate.com .
- The products purchased via the site www.kate-cate.com are sold through the company K DISTRIBUTION S.R.L., which offers them, to Customers.
Article 2. Contract parties
SELLER: K DISTRIBUTION S.R.L.
CUSTOMER: non-trader individuals who operate for purposes which exclude any professional or commercial activity.
Article 3. Acceptance of the terms and conditions
- Any order of a Product offered on the Site implies the Customer's full acceptance of these General Terms and Conditions of Sale. They constitute, with the validation and confirmation of the order, the contract concluded between KATE CATE® and the Customer.
- The seller reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the site. The General Terms and Conditions of Sale applicable are those in force on the site on the date the order is placed.
- Any order of a Product offered on the Site implies the Customer's full acceptance of these General Terms and Conditions of Sale. They constitute, with the validation and confirmation of the order, the contract concluded between K DISTRIBUTION S.R.L. and the Customer.
Article 4. Documents
- The Customer may purchase any Product presented as available and at the price indicated on the Site on the day he places his order.
- The Order confirmation is recorded in the registers of K DISTRIBUTION S.R.L., themselves kept on a reliable and sustainable medium. The Customer accepts that the Order confirmation is considered as proof of the contractual relations concluded with KATE CATE® on its Site.
- Placing an Order constitutes the Customer acceptance of the prices and characteristics of the Products purchased on the Site, as well as of these Terms and Conditions. Our acceptance of your order brings into existence a legally binding contract between us. The Customers is entirely responsable to read and keep a copy of these conditions of sales.
Article 5. Registration on the Site and Customer personal data
- In order to place an order on the KATE CATE® Site, each Customer must create a customer account by following the registration procedure and by providing the necessary information.
- On the creation of his account, the Customer chooses a login and a password which will be specific to him to identify himself on the Site. He is solely responsible for keeping these elements confidential.
- Customer personal data will be protected in compliance with Italian Legislative Decree no. 196 of 30 June 2003, Italian personal data protection code, called “Right to the protection of personal data”.
- K DISTRIBUTION S.R.L. guarantees that the processing of personal data will be carried out in compliance with the fundamental rights above mentioned, with specific attention to privacy, personal identity and the right to personal data protection. All details communicated by the interested parties are utilized exclusively to fulfill commercial activities, such as the supply and sales of products and related services like carry out market research. Only after their authorization, customers personal data may be used for the purpose of mailing advertising or direct marketing material.
- Customer always has the right to protection of the personal data.
- Agreeing to these Terms and Conditions the Customer gives consent to the use of his/her personal data.
- Use of Customer personal data for the purpose of mailing advertising or marketing related business is optional and decided by Customer at registration time.
- It’s Customer exclusive responsibility:
- The accuracy of the personal data provided as required by the Site
- rectify, modify and delete his personal data, in order for them to be always updated and valid.
- Customer is solely responsible for keeping USER ID and PASSWORD confidential.
- Seller is not responsible for wrong use of passwords.
Article 6. Prices and products
- The prices applied to of the products are those shown on the Site late-cate.com. All products are made with hypoallergenic material based on the provisions in Legislative Decree no. 206 of 6/9/2005
- The Seller reserves the right to modify prices. The Customer has to pay the full price agreed at payment time.
- The Product prices are indicated on the Site in Euros and the Value Added Tax is included.
- Delivery costs are not included, but it’s paid by the seller. Outside European Union all the customs procedures and possible costs remain at the exclusive charge of the Customer.
- Promotions, promo codes, coupons are valid just if confirmed by the Seller in order confirmation (see Article 9.)
Article 7. Delivery of the order
- After registration on the Site, Customer can place the order.
- After placing the order, Customer should choose payment method and indicate billing and shipping address.
- For order placed in Italy from Italian , tax code/fiscal code is required.
- Customers must be of legal age and have the legal capacity to conclude such a contract, otherwise it will not be valid.
Article 8. Payment methods
- The Seller accepts only the payment methods indicated on the Site. Other methods can be accepted with prior consent of the Seller.
- In case of payment with credit card or Paypal are made via a secure platform accessible from K DISTRIBUTION S.R.L.. There’s no way the Seller may know the credit card number. The payment order made by bank card may not be cancelled.
- The ownership of the Products is only transferred to the Customer after full payment of the price is received.
Article 9. Confirmation of the order
- Following the payment, a payment confirmation email summarising the details of the Order is sent to the Customer, to the email address indicated on the transmission of his contact details. If no later than 24 hours following acceptance of the payment, the Customer doesn’t inform the Seller about changes and modifications (to firstname.lastname@example.org), the details and data provided will be accepted and the order actually registered and considered definitive.
- After validation of the order, the Seller will check the availability of the product, and after that will inform the Customer.
- In the event of the unavailability of a Product, the Seller will inform the Customer as soon as possibile and by the way within 30 days after validation of the order and payment.
- In the above mentioned case, the Seller will cancel the entire order and refound its amount to the Customer, including taxes and delivery costs.
- Otherwise, prior authorization of the Customer, the Seller could deliver a product of an equivalent quality and price.
- K DISTRIBUTION S.R.L. reserves the right not to validate the Order on legitimate grounds and in particular in the event of: abnormal or abusive claims from the Customer during his previous Orders; abnormal or abusive exchanges and returns from the Customer during his previous Orders; existing dispute(s) with the Customer; no goods in stock for any reason.
- The Seller will prepare the order the next day (from Monday to Friday from 9 am to 5.30 pm – Italian time).
Article 10. Delivery of the order
- Products are delivered to the address indicated by the Customer when he places his order on the site www.kate-cate.com .
- Products will be sent by express courier, one trusted by the company.
- The delivery slip handed over by the carrier will constitute proof in respect of transport and delivery.
- In case of delays, damage, total or partial losses of Products and/or of the Order, it is the responsibility of the Customer to exercise any remedy directly with the carrier and to inform K DISTRIBUTION S.R.L. at the same time.
- K DISTRIBUTION S.R.L. will make its best effort to ensure that the orders will be delivered in a period of between 3 and 10 business days as of receipt of the Customer's payment. In any event, all products purchased on will be delivered within a maximum period of 30 working days as of the day following receipt of payment of the order.
- Customized products will be delivered within 20 working days and in any event within 30 working days as of the day following receipt of payment of the order.
- Transport costs remaining at the Customer's charge and may vary depending on Countries.
- In the event where K DISTRIBUTION S.R.L. proceed with a shipment outside of the European Union, it will inform the Customer if there are specific delivery costs to expect, in addition to its usual costs.
- K DISTRIBUTION S.R.L. may not be held responsible for delays in delivery due to errors attributable to carriers.
- K DISTRIBUTION S.R.L. may not remedy any defaults in execution of the carrier which it does not want to assume, but may possibly help the Customer with the carrier.
- In the event of the absence of the recipient on delivery, the carrier will leave notice of passage at the delivery address indicated by the Customer.
- The products must be collected at the address indicated by the carrier. In the event of non-collection the products will be returned to K DISTRIBUTION S.R.L., return transport costs remaining at Customer's charge.
Article 11. Reception of the order
- The Customer must verify the content and the condition of the products. He must check the condition of the products delivered before signing the acknowledgement of receipt of the package.
- If the Customer finds any anomalies, he must refuse the delivery of the Products or issue precise, dated claims by register letter, a copy must be addressed to email@example.com within 8 working days.
- After 8 working days, claims are not accepted and the products will be considered checked and verified by the Customer.
- Kate Cate's items are entirely handmade, that’s why every product is an unique piece; little differences between what received and pictures shown on the Site will not be considered as defects.
Article 12. Acknowledgement of receipt
- After the payment of the order the Seller will prepare a receipt of payment.
- In order to prepare receipt of payment and invoice Italian clients must indicate their tax code/fiscal code.
Article 13. Right of withdrawal and returns
- The Customer may return the products for any reason and ask a refund.
- The Customer is free to excercise this right by written communication sent to firstname.lastname@example.org within 8 working days, and sending back the product within 11 working days from reception of the order.
- After above mentioned written communication, the Seller will send an email to the Customer attaching a Goods Return form, and give him a Goods Return Number. All items intended for return must have a GRN. The Customer must stick it to the packaging. In the same form the Customer will find the instructions to follow to return the goods.
- GRNs must be obtained within 11 working days of receipt of delivery. Returns will be accepted only in their original packaging, with any labels and accessories, in perfect condition for resale. They must not have been used, or damaged.
- If the above conditions are fulfilled, K DISTRIBUTION S.R.L. will refund the amount, including tax. Return transport costs are at Customer's charge (rates: Italy 7€, Europe 12€, Rest of the world 30€).
- The Customer has a legal obligation to take reasonable care of the items while they are in his possession. If the Customer fail to comply with this obligation, his entitlement to a refund may be affected.
- The GRNs has to be shown on a notice that must be visible and attached on the packaging.
- The Customer must also attach the return slip and receipt.
- In the event of a breach of the conditions set forth here above, K DISTRIBUTION S.R.L. may refuse the return of the Customer and not proceed with a reimbursement; returned damaged products, with no GRN nor receipt, will not be rebound.
- In this case, if the Customer requests a reshipment of the products ordered, K DISTRIBUTION S.R.L. reserves the right to request the Customer to pay the costs for reshipping.
- The return costs will be borne exclusively by the Customer.
- If accepted, the reimbursement will be made within 30 days as of receipt of the products returned by K DISTRIBUTION S.R.L. in the same way as the order was paid.
Article 14. Exceptions
- The right of withdrawal will not be applied if the Customer buys the products nota s a ‘consumer’.
- The right of withdrawal will not be accepted for products which are made specifically or customised for the Customer. As mentioned in Article 11 point 3, If the Customer was to find any lack of conformity or a hidden defect in the Products, he must immediately inform the Seller.
- Personalized or customized products cannot be reimbursed.
Article 15. Warranty and compliance
- The seller takes every care to ensure that the description and specification of the products are correct at the time of publication and delivery. The Customer benefits from the legal compliance warranties from the date of delivery (shown on the transport document).
- The Customer benefits from the legal compliance warranties prior showing delivery slip and receipt.
- The Customer also benefits from the warranty for hidden defects for a period of 2 years.
- If the Customer was to find any lack of conformity or a hidden defect in the products ordered, he must inform the Seller within 2 months from the discovery of the defects.
- As mentioned in Article 11 point 3, products will be considered verified by the Customer, so good is considered in conformity with the contract.
Article 16. Replacement of products hidden defect or damaged during transport
- When the non-conformity or hidden defect has been observed, the Customer has to inform the Seller sending an email to email@example.com and may choose the reparation he wishes to obtain from K DISTRIBUTION S.R.L. (repair of the product, replacement or reimbursement of the price).
- In the email the Customer must indicate which defects or imperfections he noticed.
- In case the Customer choose the reparation, no additional cost are added.
- In case the Customer choose a reduction of the price, the Seller will send him a credit note.
- In case the Customer choose a reimbursement, the products must be sent back in their original packaging, with any labels and accessories, in perfect condition.
- In case damaged product is return, the Seller will refuond the Customer.
- In case the Customer choose a replacement, the return costs will be borne by the Seller.8 In case the Seller cannot offer the Customer a replacement, the Customer will have the choice of receiving a credit note or a refund to the value of the item or choose another item of the same value.
- In case of products which are made specifically or customized for the Customer, return, rembursement or exchange is not possible.
Article 17. Ownership of rights
- K DISTRIBUTION S.R.L. is the sole holder of the KATE CATE® trademark along with all the figurative elements present on the Site, the partial or total reproduction of the KATE CATE® trademark or of the catalogue, their use and their provision to third parties is formally prohibited. The resale of the products bought on shop.emanuelebicocchi.com is strictly prohibited.
- Customer cannot modify, distribute or re-post anything on this website for any purpose. If it happens, or if the Seller thinks it happened, he reserves the right to not sell anything anymore to that Customer.
Article 18. Contacts
For any question or claim, KATE CATE® can be reached:
By email at firstname.lastname@example.org
By mail at K DISTRIBUTION S.R.L. Via Spartaco, 11 – 20135 Milano (MI) ITALY
K DISTRIBUTION S.R.L.
Via Spartaco, 11 – 20135 Milano (MI) ITALY - P.I. e C.F. 09873030960 - Reg Imprese di Milano n° 09873030960 - Cap. Sociale € 10.000,00 i.v. - N° REA MI-2119872