Terms and Conditions of Sale
Conditions of sale
Together with the Privacy Policy, the following General Conditions of Sale govern the offer and sale of products on the website kioku.com (hereinafter, the "Website").
These General Conditions of Sale are drafted in compliance with the legislative provisions of the Italian Civil Code, the Legislative Decree no. 70/2014 on information society and electronic commerce services, and the Consumer Code, and which govern the offer and sale of products through the kioku.com website.
Products sold on kioku.com are sold directly by Kioku Design S.r.l., with registered office in Roma (RM), Via Giovanni Bettolo 15 - 00195, n. REA RM-1577458, tax code and VAT number 15244691000.
Field of application
The General Conditions of Sale apply and govern all sales contracts concluded through the Seller's Website, as identified above.
The General Conditions of Sale may be subject to change; each User must view the changes before proceeding with purchase. It is the responsibility of the User to check the General Conditions of Sale before submitting an order.
The Seller is never responsible for the supply of "KIOKU" branded products by third parties that are visibly listed on the Website by means of links, banners or other hypertext connections. The User is obliged to check the Conditions of Sale before confirming third party orders.
The General Conditions of Sale apply regardless of the nationality of the User, provided that the delivery of products takes place in one of the countries for which the Website provides the online sales service, and that this country corresponds to that of registration of the User. The buyer can receive the products purchased at an address of his/her choice in the country of purchase (of the Website).
The purchase of products on the Website is reserved exclusively to natural persons (consumers) of an age of 18 years or older.
“Consumer” means any natural person acting for purposes unrelated to a commercial, entrepreneurial, craft and professional activity carried out.
The Kioku Design S.r.l., being on line Italian seller, does not require to issue the invoice (neither receipt or tax receipt) to a VAT-exempt customer. The invoice should be requested while placing the order, not later.
Conclusion of the contract
These General Conditions of Sale are an integral and essential part of the sales contract between the Seller and the User. The electronic submission of the order by the User implies full knowledge and acceptance of these General Conditions of Sale and the Privacy Policy.
With the electronic transmission of the Order Form, the buyer unconditionally accepts and undertakes to observe the provisions laid down in these General Conditions in relations with the seller.
If the User does not agree with some of the terms contained in the General Conditions of Sale, he/she is requested to refrain from making purchases on the Website.
To proceed with the online purchase of one or more products, the User can register in advance on the Website or conclude the purchase as a Guest User, providing the Seller with all of the data necessary to enable the latter to execute the orders submitted, in compliance with the provisions on personal data protection.
To conclude the purchase contract, the User must submit an order following the procedure referred to on the Website. The electronic submission of the order prompts the User to pay the price indicated.
To complete the purchase, the User is required to confirm payment of the price of the products in his/her cart. Orders that are not accompanied by their corresponding payments are cancelled automatically.
When the User places an order, he/she will receive an e-mail containing the confirmation of receipt and summary of the order: this communication will not constitute an automatic acceptance of the order.
The Seller reserves the right to refuse orders that are incomplete, incorrect, or by users with whom there is a dispute concerning the payment of a previous order.
In such an event, the User will receive an e-mail containing the notice of refusal of the order and the specific reason.
If the products presented on the Website are no longer available at the time of the last access to the Website or when the order was sent, it will be the Seller's responsibility to promptly notify the User of any unavailability of the ordered product within thirty (30) days from the day following the date of order transmission. If payment has been successful, the Seller will refund the amount paid by the buyer and the contract will be deemed terminated. The Seller will not be required to reimburse any other amount to the buyer for any reason.
The Order Form contains a reference to these General Conditions of Sale and the Privacy Policy, as well as a summary of the basic characteristics of each product ordered and the relative price, the accepted payment methods, methods of delivery of the purchased products, shipping costs, conditions for exercising the right of withdrawal and the methods and time frames for returning the products purchased.
The User can monitor the status of his/her order at any time by consulting Customer Service through the appropriate link/section or by accessing his/her personal area.
Product characteristics
Only original products are offered for sale on the Website.
The products offered for sale through the Website are clothing and accessories for women, as present in the online catalogue at the time of order.
The product catalogue can be updated and modified periodically; as such, the permanence of a product among those available online is not guaranteed.
Each product is presented by a descriptive sheet containing all of its basic characteristics. The images and colours of products offered for sale may not exactly correspond to those in real life due to causes not attributable to the Seller, and in any case due to settings of computer systems used by the User for viewing the Website. The images of the products must, therefore, be considered indicative and without prejudice to normal tolerances of use. The Seller hereby expressly declines any responsibility in this regard.
Sale prices
All sales prices of products indicated on the Website include VAT, if applicable due to the country of product delivery, and any other applicable sales tax.
Product prices may be subject to updates and variations. The displayed prices of the non-euro currency are purely indicative and may differ from the total order displayed for payment in the checkout phase.The User is required to ascertain the final sale price before submitting the relative order. An obvious material error in the price on the Website compared to the commonly known price of the selected product entails the Seller's right to not confirm shipment and proceed with the immediate refund of the purchase price paid by the User without the latter being able to make exceptions in such regard.
Product offers on the Website, as well as their prices, are valid as long as they are still visible on the Website and while stocks last. The Seller reserves the right to change the product catalogue at any time, without notice. It is not the Seller’s duty to avoid the impact of changes of products on any choices being made or for purchases that have not yet been completed. Any price changes will also apply to products already included in the shopping cart, for purchases not yet concluded before the changes take effect.
Payment methods
For the payment for products and the relative shipping and delivery costs, if provided for, the User can follow one of the methods indicated in the Order Form.
For payment by credit card, the payment procedure will take place via a secure connection connected directly to the bank that owns the online payment service, to which third parties cannot gain access. In particular, financial information (credit/debit card number, expiration date) will be sent by an encrypted protocol that the relative electronic remote payment services provide, without third parties having access to it. This information will never be used and/or stored by the Seller in any format (including electronic).
The amount of the order will be charged on the day of shipment, unless the User has the right to be re-credited the amount in the event of default by the Seller or failure to execute the contract.
The User is solely responsible for the data entered, and therefore guarantees to use only credit/debit cards that he/she may legitimately use.
Delivery methods
The products are delivered directly to the User by means of agreed upon couriers, to the shipping address specified in the order.
By filling in the registration form in the registration procedure necessary to activate the procedure to execute this contract and further communications, the User authorises the Seller to communicate the personal data to the couriers and/or shippers used for the delivery of products purchased in order to allow the necessary procedures for their delivery.
The Seller will do everything possible to process the order as soon as posible, and within no later than 30 business days starting from the day following that on which the User sent the order.
Delivery times only include business days, and do not include holidays.
The Website allows you to request the delivery of products ordered to an address different from that of the User, provided that it is included in the country of residence of the User indicated upon login; it is the User's responsibility to indicate all of the necessary indications for successful delivery.
It is never possible to collect the products purchased through the Website directly from the Seller's warehouse.
Expected shipping costs and types may vary depending on the country and shipping methods chosen by the User.
These expenses and any additional costs are charged to the User. The relative amount will be expressly and separately indicated in the order summary before the User sends the order, as well as in the order confirmation e-mail.
The delivery procedure provides that, in the absence of the recipient at the time of arrival of the courier, the person in charge will leave a notice in order to subsequently complete the shipment, which will indicate the contact details to arrange a second delivery attempt. If an agreement is not reached for a second delivery, the parcel will remain in storage at the courier's warehouse, and it will be the responsibility of the User to collect it.
In the event of failure to collect the package within 4 days, it will be returned to the Seller. In this case, the contract must be considered terminated pursuant to Art. 1456 of the Italian Civil Code, with communication of the Seller sent by e-mail to the User; the order will thus be cancelled.
The User can always check the status of his/her order through the appropriate link by entering the order number or through his/her personal area.
The order must be made directly from the Website of the country in which it will be delivered. Orders placed by the Website of a country other than the one of destination, or to an address not accepted by the courier, will be automatically cancelled.
User obligations
It is strictly forbidden for minors to place an order on the Website.
The data entered during the purchase phase must exclusively be real personal data and not of third parties, or false. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
The User holds the Seller harmless from any responsibility deriving from the issue of incorrect tax documents due to errors in data provided by the User, as the User is solely responsible for their correct entry.
Upon receipt of the products, the User is required to verify their conformity in relation to the order. Attention must be paid to the correspondence between the number of packages indicated on the courier document and those delivered, as well as the integrity of the package.
Any anomalies (e.g. tampering, damage) must be specified in writing directly on the courier transport document, and the User must refuse delivery.
The User is also obliged to report this fact to the Seller's Customer Service by means of the appropriate link.
If the User accepts the delivery of mishandled, damaged products, it will lose the legal guarantee of conformity of the products.
Liability
The Seller does not assume any liability for inconveniences due to force majeure such as accidents, explosions, fires, strikes, earthquakes and other events that prevent the execution of the contract in whole or in part within the agreed time.
The Seller will not be liable to any person or third parties regarding damages, losses and costs incurred as a result of failure to execute the contract for the reasons mentioned above, as the customer is only entitled to the refund of the price paid.
Likewise, the Seller is not responsible for any fraudulent and illegal use of credit cards, checks and other means of payment that may be made by third parties upon payment for the products. During the purchase procedure, the Seller is at no time able to know the credit card number of the User, which, by opening a protected connection, is transmitted directly to the manager of the banking service.
Right of withdrawal
The User can exercise the right of withdrawal and return the product received without any penalty and without specifying the reason, in compliance with the terms and conditions provided below.
The User may withdraw from the contract within the term of 14 (fourteen) days from the day on which she/he or a third party acquires physical possession of the goods (other than the courier, and designated by the User).
The User can always make a return request directly from the Website by filling in and sending the contact form to Customer Service.
Products must be returned intact, undamaged and provided with the bar code and any other seal that is part of the products; amounts for products that are returned incomplete, damaged, ruined, or deteriorated will not be reimbursed.
Products to be returned must be delivered to the shipper within 14 (fourteen) days from the notice of the User to the Seller of his/her wish to withdraw from the contract.
The cost of returning the products will be charged to the User.
After the products have been returned, the Seller will make the necessary checks as regards their conformity to the conditions and terms indicated herein.
If the right of withdrawal is correctly exercised, the Seller will refund any amounts already paid by the User for the purchase of products.
Regardless of the payment method used by the User, the refund is activated by the Seller as quickly as possible, within 14 days from the date on which the Seller became aware of the exercise of the right of withdrawal, subject to verification of the correct execution of such right and the verification of products returned.
The Seller carries out reimburse with the same payment method used by the User for the purchase of the returned products, even if a virtual and/or disposable credit card has been used. The Seller cannot in any way make a refund on a credit card other than that used for the purchase, except in the case in which the card itself has expired in the meantime or has been stolen: in this case, the User can call Customer Service at +39 0637353438 to arrange the most appropriate repayment method.
Guarantee of conformity
The Seller is liable to the buyer for any lack of conformity of the products offered on its Website when the lack of conformity occurs within 24 (twenty-four) months from the date of delivery of the product.
There is no lack of conformity if the buyer was aware of the defect at the time of conclusion of the contract, it could not be overlooked with ordinary diligence or if the lack of conformity was caused by the buyer him/herself.
Defects of conformity deriving from damage due to accidental events or the User for non-compliant use of the product use are excluded from the legal guarantee.
In the event of faults or defects in conformity, the buyer will have the right to restore the conformity of the product by repair or replacement free of charge, unless the remedy requested is objectively impossible or excessively burdensome with respect to the other.
It is understood that the buyer loses this right if he/she does not formally report the lack of conformity to the Seller within 24 (twenty-four) months from the date on which the defect was found. The complaint must contain an accurate and complete description of the problems and defects. Customer Service will provide the User instructions for returning the defective product, which will be made at the Seller's expense.
If one of the hypotheses provided for by the law occurs, the buyer may alternatively request a reasonable reduction of the price or termination of the contract and the consequent reimbursement of the entire price paid.
A minor lack of conformity does not give the right to terminate the contract and the consequent reimbursement of the entire price paid.
Applicable law
Any dispute concerning the application, execution, interpretation and violation of sales contracts stipulated through the Website is subject to Italian law. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Rights granted to the Consumer by mandatory provisions of applicable law in the country of residence or domicile of the latter will be retained.
Changes and updates
The Seller reserves the right to modify the Website, the policies and these General Conditions of Sale at any time in order to offer new products or services, or comply with legal or regulatory provisions. Users who access the Website and submit an order will adhere to the policies and terms of the General Conditions of Sale in force at the time the order is placed, unless any changes are retroactive pursuant to applicable law. If any of the provisions contained therein is considered invalid, void or unenforceable, this condition will not affect the validity and effectiveness of the other provisions.
Customer service and communications
The User can request any information through the customer service by using the following contact information: +39 0637353438.