Terms and Conditions of Sale
1. GENERAL PROVISIONS AND IDENTIFICATION OF THE SELLER
These general conditions of sale (“Condition of Sale”) govern all sales of products (“Products”) concluded remotely on the website www.gommafit.it (“E-shop”).
Products displayed on the E-shop are sold by the company:
KEN BIO srl (“Seller”)
Strada Provinciale 63R, 149/S
VAT n° 02343920209
For further information you can contact the Seller at the email address firstname.lastname@example.org.
Conctracts concluded with Customers (“Customers”) will be archived by the Seller for the period provided by current legislation. Seller reserves the right to modify, in whole or in part, the Condition of Sale, at its sole discretion, by applying new conditions of sale from date of their publication on the E-Shop. Conditions of Sale applicable to any order placed on the E-Shop are those in force the time the order is placed.
2. ELIGIBILITY FOR PURCHASE
Only Customers who are natural persons (i), have reached the age of 18 (ii), have the capacity to act (iii) may be considered as Customers.
By placing the order Customer declares and guarantees that hi is a consumer and that he will not deliver, distribute or sell the Products for commercial purposes.
3. AVAILABILITY OF PRODUCTS
The information relating to Products, together with their price, are available on the E-Shop. Graphic representation of Products may differ from reality: Customer will therefore have to rely exclusively on the description of the Product and on the characteristics reported on the E-Shop.
Seller reserves the right to limit or suspend, at any time, the quantity and/or type of Products available on the E-Shop. Any purchases made that do not comply with Products available at any time will be refunded within 24 hours. Seller is no responsible for any error resulting from the failure of Customer’s connection the E-Shop or from any errors in data entry.
For some reasons, It could happen that Seller will not be able to supply requested Products. In such cases, Seller will promptly contact the Customer by email notifying the unavailability of the Products, proposing refund of goods and shipping costs, if applied.
4. CONCLUSION OF THE PURCHASE AGREEMENT
Registration and creation of an account on the E-Shop are not mandatory for purchasing Products. Customer can purchase one ore more Products filling out the Order Form.
Before sending the Order Form, Customer are required to carefully read all the instructions provided during the purchase procedure, as well these Conditions of Sales.
To purchase Products, Customer must enter the selected Products in the Shopping Cart (i), fill the order proposal (ii), select the payment and shipping method (iii), accept the Conditions of Sale (iv) and send the order proposal to the Seller (v).
The transmission of the order proposal constitutes a purchase proposal to the selected Products, governed by these Conditions of Sales and binding on the Customer. It entails the obligation of the latter to pay the price of the Products ordered.
Within 30 days, Seller may at its discretion refuse an order proposal in following cases: unavailability of Products (i); report, or suspicion, of fraudulent or illegal activity (ii). The purchase contract will be concluded only upon acceptance of the purchase offer by the Seller, by sending an Order Confirmation to the email address communicated by Customer.
The risk of loss or damage to Products is transferred to Customers when materially comes into possession of the goods.
5. PRICES, TAXES, SHIPPING COSTS
All prices displayed on the E-Shop include VAT and all other taxes. Shipping costs are charged to the Customers and are shown separately in the Order Form. The total amount to be paid by you, including the price of the selected Product / s, taxes and possibly shipping costs (“Total Amount”), will be communicated to you again before the order is formalized through the sending the Order Form. The Seller reserves the right to change, at any time and without prior notice, the prices of the Products. In the event of changes in the applicable VAT rate in the period of time between the date of placing the order and the date on which the Seller will be able to carry out the relative shipment, it will be the Seller’s responsibility to contact you to obtain a reconfirmation of the order. If the Seller is unable to obtain your instructions, he will cancel the order and notify you of the cancellation.
6. METHOD OF PAYMENT
The Customer is asked to consider that the choice of the payment method made may lead to an extension of the delivery times for the Products, which will only take place following the completion of the payment itself. Payment by credit card will be addressed for the purpose of the transaction with a secure link to the PayPal page, or entities that manage online payments for the Seller.
For each sale, Seller will issue a specific tax document, in the name of the person who placed the order, which will be delivered to the address indicated by the Customer in the Order Form. The Customer is solely responsible for the accuracy and truthfulness of the information provided to the Seller for tax purposes.
6.1 Scalapay SRL
In order to offer you the payment solutions of Scalapay SRL, we will share some of your personal data with Scalapay, such as contact information and order details. In this way, Scalapay will verify that your purchase meets the criteria for using Scalapay solutions and will be able to offer you customized payment options.
General information on Scalapay can be consulted on the website www.scalapay.com. Your personal data is
processed in compliance with the applicable data protection legislation and according to
7. METHOD AND DELIVEY TIMES
Seller will ship the Products requested, entrusting them to couriers that offer efficiency and quality of service. Once the Products have been delivered to the carrier, the Seller will send you an e-mail confirming the shipment to the e-mail address communicated in the Order Form. In any case, the transport document will constitute proof of delivery to the carrier.
Products will be shipped to the address indicated in the Order Form. Changes to the place of delivery (compared to that originally indicated), if requested by the Customer after the delivery of the Products to the carrier, may generate additional costs, which will be entirely borne by the Customer.
Seller will make every reasonable and possible effort to provide the Customer with the requested Products as soon as possible. However, procurement times may depend on factors external to the Seller’s will. Each delivery term indicated by the latter to the Customer and less than thirty (30) days from the Date of Conclusion of the Contract must, therefore, be considered merely indicative and not peremptory.
If the delay in delivery exceeds 30 days from the Date of Conclusion of the Contract, Customer may invite the Seller to make the delivery within an additional period designated by the same and appropriate to the circumstances. If the additional term granted expires without the Products being delivered, the Customer may withdraw from the contract by means of a written communication in the same manner as provided for in the following article 8 and the Vendor will have to reimburse all the expenses incurred under the Contract without any delay.
In case of delivery to addresses included in the territory of the Member States of the European Union, delivery is made within approximately 3-7 working days. However, in some disadvantaged areas, delivery may take an additional 2 working days.
Seller guarantees that all orders shipped are always covered by insurance against the risks of transport, loss and breakage of the Products, according to the transport conditions of the couriers. In any case, it is up to the Customer to verify that the Products are delivered in perfect condition. If the Customer, at the time of delivery, finds errors in sending the Products or if the package received is visibly damaged, the Customer must indicate these circumstances in the courier’s delivery document with the words “Control reserve”, detailing the as precisely as possible as observed. Within the following 24 hours, Customer will notify the Seller of the incident at the email address email@example.com If the Customer receives his order without highlighting obvious anomalies, Seller cannot be held responsible for any damage resulting from the transport of the Products.
8. RIGHT OF WITHDRAWAL – REPLACEMENT OF PRODUCTS
Pursuant to Article 52 of the Consumer Code, as defined below, the Customer has the right to withdraw from the contract, without specifying the reason, within 14 (fourteen) days from the date on which the Customer (or his authorized representative for receipt of the Product) materially comes into possession of the Product itself and in the case of split delivery, from the day on which the Customer acquires physical possession of the last Product.
To exercise the right of withdrawal, the Customer must, within the period of 14 (fourteen) days provided for in the previous paragraph:
- submit the withdrawal form available on the E-shop, duly completed;
- send by e-mail or traditional post a communication highlighting the Customer’s intention to exercise the right of withdrawal pursuant to Article 52 of the Consumer Code; this communication must contain the following information: (i) indication of the Product for which the Customer wishes to exercise the right of withdrawal; (ii) order number and the communication must be sent to the following address:
Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with this article 8), the Customer must return the purchased Product to the Seller, according to the instructions provided by the Seller upon receipt of the notice of withdrawal. The Customer is solely responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning: therefore, the Customer is required not to remove any labels applied to the Product.
The Seller will refund in full the sums paid by the Customer, excluding shipping costs, without undue delay and in any case no later than 14 (fourteen) days from the date on which the Seller was informed of the Customer’s decision to withdraw from the contract in accordance with this article 8. This reimbursement will be made by the Seller with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and provided that the Customer does not have to incur additional expenses for of this reimbursement.
The Seller may suspend the refund until the Seller has received the returned Product or, if it occurs prior to such receipt, until the Customer provides proof of having sent the Product back.
After the shipment of the Product, the order can no longer be canceled or modified. The return of Products already shipped must in any case be carried out in accordance with the procedure provided for in this article 8.
All communications to the Customer relating to the exercise of the right of withdrawal, including the communication of confirmation of receipt of the exercised withdrawal, will be made via e-mail to the e-mail address communicated by the Customer in the Order Form or, if different , to the e-mail address indicated by the Customer in the withdrawal notice. Further changes to this address not communicated to the Seller will not be opposable to this.
9. WARRANTY OF PRODUCTS SOLD THOUGH THE E-SHOP
The Seller implements a quality control policy, aimed at verifying that the Products sold are safe, non-dangerous and non-defective, in compliance with the provisions of the law.
The sale of the Products is subject to the legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code, as defined below. Pursuant to these regulatory provisions, the Customer has the right to obtain the restoration of conformity of the goods by repair or replacement (the Customer can choose whether to obtain the repair or replacement of the Product under the conditions provided for by law), at no cost to him, or, in the event that one of these remedies is not successful (in accordance with the provisions of Article 130, paragraph 7, of the Consumer Code), it will be able to obtain an appropriate reduction in the price of the Products or the termination of the contract. The Customer loses these rights if he does not report the lack of conformity to the Seller within 2 (two) months from the date on which he discovered this lack of conformity. The direct action to assert a lack of conformity not intentionally concealed by the Seller is prescribed, in any case, within 26 (twenty-six) months from the delivery of the Product.
In the event that the Customer requests, within the terms referred to in this article 9, the repair or replacement of the Product due to a lack of conformity of the Product, the delivery costs relating to the return to the Vendor of the Product to be repaired or replaced, as well as all costs relating to the delivery to the Customer of the repaired or replaced Product, remain the responsibility of the Seller.
The Vendor will not be responsible for any damage resulting from misuse or wear, inappropriate handling and maintenance of the Product. The warranty does not apply in case of intervention of factors unrelated to the normal use of the Product.
It is up to the Customer who has opted for the return of the non-compliant Product in place of its replacement to inform the Seller via the form available on the E-Shop via e-mail, within 10 days from the date of the complaint of the lack of conformity. Upon receipt of this communication, the Seller undertakes to indicate to the Customer the methods of collection of the Product.
Once the Product has been received in the manner that will be indicated to the Customer via [●], the authorized Service Center will carry out the relative standard and quality control and, if the lack of conformity is found, will send the Customer a replacement Product. If, upon the outcome of the check, the Product is not affected by a lack of conformity, the Seller will inform the Customer about the costs necessary for the replacement. The costs relating to the transport of Products that do not have conformity defects will be charged to the Customer.
10. APPLICABLE LAW AND JURISDICTION
These Conditions of Sale and, consequently, the contracts concluded with Customers, are governed by Italian law and must be interpreted on the basis of it (including Legislative Decree No. 206 of 6 September 2005, “Consumer Code” and, in particular, the “Chapter I, Title III of Part III” as well as the Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”).
Disputes arising from the interpretation, validity and / or execution of these General Conditions will be devolved to the jurisdiction of the judge of the place of residence or domicile of the Customer.
For further information and assistance on the E-Shop or on online purchase methods, the Customer can contact the Seller at the following addresses:
KEN BIO S.r.l., Strada Provinciale 63R, 149 / S
42044 Gualtieri (RE)
VAT N° 02343920209