TERMS AND CONDITIONS OF SALE (ref. D. L. n° 206/2005)
Scope of application
The information for the customer and the present General Conditions of Contract apply to all orders placed through the web site www.kokomamas.com (hereinafter the “site”). The sending of an order implies acceptance of these General terms and Conditions of the Contract.
These terms and conditions of sale may be modified at any time by the operator of the present website at its own discretion, without providing prior notice to users of the site. Any changes will be effective from the date of publication on the website and will apply only to sales concluded from that date.
1) the Parties to the contract of purchase and sale
The web site for the sale of items via the internet is managed by the soc. Grossi Srl, with registered office in Riccione, Via Catalani, tax code/vat 04066930407, no. registration REA RN-323624.
Purchases of products made through this site, they will see how parts Big Srl, as seller (the “seller") and the subject who purchases one or more products for purposes not related to his trade, business, craft or profession , which the original purchaser (“Consumer”) . The seller and Consumer will be collectively referred to as the “parties”.
Any communication of the Consumer connected and/or related to the purchase of Products – including any reports, complaints, requests concerning the purchase and/or delivery of the products must be sent to Seller at the addresses and according to the methods indicated on the Website and e-mail email@example.com.
The Website is dedicated to retail and as such is intended for the exclusive use of Consumers. If one or more sales to be made in respect of a subject that is not a qualified Consumer will find application the present general conditions of sale, but, notwithstanding the provisions in the same:
(a) the purchaser will not be recognised as the right of withdrawal referred to in art. 10
(b) the purchaser may not benefit from the guarantee on the products indicated in art. 8
(c) the purchaser will not be recognized any other safeguards, here provided in favor of the consumer, which reflect or are consistent with predictions required by law
(d) the contract of sale concluded between the seller and the buyer shall be governed by Italian law.
At the same time to the transmission of the purchase order the Consumer accepts that the confirmation of the information regarding the order placed and these general conditions of sale are sent via e-mail to the address from the same stated during the registration to the Site or during the purchase process.
To be able to make purchases through the Site, the consumer must have the age of majority (18 years) and the ability to act, which the Consumer declares to possess.
Are the sole responsibility of the Consumer any costs for the connection via the Internet to the site, including the telephone, according to the rates applied by the operator selected by the user .
(2) the Characteristics of the products
The products are sold with the characteristics described on the Site and in accordance with the general conditions of sale published on site at the time of submission of the order d part of the Consumer, with the exclusion of any other term or condition.
The prices, the Products sold on the Site and/or the characteristics of the same are subject to changes without notice, prior to sending the order of purchase, the Consumer is invited to check out the final sale price.
3) the Conclusion of the contract of purchase and sale
The presentation of the Products on the Site, and is not binding for the Seller, is a mere invitation to the Consumer to formulate a proposal for a purchase contract and not an offer to the public.
The purchase order is sent from the Consumer to the Seller via the Site has the value of a contractual proposal and is regulated by the present general conditions of sale, which form an integral part of the order itself and that the Consumer, through the transmission of the order to the seller, must accept fully and without any reserve whatsoever. Before proceeding with the purchase of Products by sending the purchase order, you will be asked to the Consumer to carefully read the present general conditions of sale and the information on the right of withdrawal, to print a copy and save or reproduce a copy for personal use. In addition, you will be asked the Consumer to identify and correct any input errors of their data.
The purchase order of the Consumer is accepted by the Seller by sending to the consumer, to the email address from these said to the Seller at the time of registration to the site, or the transmission of the order of an e-mail confirmation of the order, which will include the link to the text of these general sales conditions, the summary of your order and the description of the characteristics of the Product ordered.
The Consumer's order, the Seller's order confirmation and the general terms and conditions of sale applicable to the relationship between the Parties will be filed electronically by the Seller in its computer systems and the Consumer may request a copy by sending a communication via e-mail to the Seller at the address firstname.lastname@example.org.
Any contract for the purchase of Products is concluded when the Consumer receives the confirmation of the order by the Seller via e-mail
4) the Procedure for the selection and purchase of Products
The Products presented on the Site may be purchased through the selection of the Products of the interest of the Consumer and their insertion into a specific virtual shopping cart for purchase. After selecting the Products, to perform the purchase of products placed in the cart, the Consumer will be invited to provide personal data in order to complete the order and allow the completion of the contract. The Consumer will display a summary of the order to be executed, which may modify the contents:therefore, the Consumer, after careful reading, must expressly approve the present general conditions of sale, through the appropriate tick (check-box) present on the Site and finally, through the button Complete Order, will be required to the Consumer to confirm his / her order, that it will be so finally sent to the Seller and will produce the effects referred to in the preceding art. 3 of this agreement. The Consumer will also be asked to choose the shipping method and the payment method among those available.
5) Delivery and acceptance of goods
The Site indicates the availability of the products and the delivery times of the same, however, such information are to be considered purely indicative and not binding for the Seller.
The Seller undertakes to do everything in their own right in order to respect the delivery times indicated on the Website and, in any case, to carry out the delivery in a maximum time of 30 (thirty) days starting from the day following that on which the Consumer has transmitted the order. In the case of non-execution of the order by the Seller, due to the unavailability, also temporary, of the Product, the Seller shall provide written notice to the consumer and will refund any amounts already paid by the Consumer for the payment of the product.
The shipment of the Products ordered by the Consumer will be in the mode selected by the Consumer from among those available and indicated on the Site at the time of submission of the order. The Consumer shall check in a timely manner and in the shortest period possible that the delivery includes all and only the purchased products, and to promptly inform the Seller of any defect of the products received or their deviations from the order placed, in accordance with the procedure referred to in art. 10 of these general conditions of sale. In the absence of the products shall be deemed accepted.
If the packaging or boxing of the products ordered by the Consumer were to reach their destination clearly damaged, the Consumer is sent to refuse the delivery by the carrier/courier or accept the delivery “with reservation”.
6) the Prices, shipping costs, taxes and fees
The price of the Products is that indicated on the Site at the same time sending the order by the Consumer. The prices are inclusive of costs of standard packaging, Vat and any indirect taxes (if applicable), while it does not include the shipping costs that are calculated before the order confirmation transmitted by the Seller to the Consumer, and that the same Consumer undertakes to pay to the Seller in addition to the price indicated on the website.
The Consumer shall pay to the Seller the total price, as reported in the order and in the order confirmation sent via e-mail by the Seller to the Consumer.
If the Products must be delivered in a country not belonging to the European Union, the total price stated 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 that the Consumer agrees henceforth to pay, when due, in addition to the price indicated in the order and confirmed in the confirmation of the order, as provided by the provisions of the law of the Country in which the products will be delivered.
Are the sole responsibility of the Consumer, any possible additional costs, charges, tax and/or duty that a given Country may apply, at any title, to the Products ordered under these general conditions of sale.
The Consumer declares that the lack of knowledge of the costs, charges, duties, fees and/or taxes referred to in the previous points at the time of sending an order to the Seller cannot constitute cause for termination of this contract and which may not, in any way charge these expenses to the Seller.
The Consumer expressly accepts that the execution of the contract by the Seller shall start at the time of crediting of the price of/the product/s purchased/s on the current account of the Seller.
The payment can be paid by credit card or via PayPal, or bank transfer.
The Vendor may allow additional payment methods, indicating them in the payment section of the Site.
If the payment is made by credit card, the Consumer will be transferred to the secure site of Paypal. The data transmitted will be sent in secure mode and are not accessible even to the Seller.
If the payment is made by bank transfer in favour of the Seller, the customer must indicate the codes “Swift” and “IBAN” listed in the confirmation of the order, as well as the order number.
The Vendor will send promptly to the Consumer, if required by applicable law, the tax receipt concerning the purchase executed the attached in paper format to the products purchased.
8) Guarantee of conformity of the Seller
The Seller guarantees to the Consumer that the Products will be free of defects in design and material as well as conform to the descriptions published on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. Excluded the application of any guarantee in case of use or washing the Product does not conform to that of the Product and the instructions/warnings provided by the Seller, which is given in the documentation illustrative reference in tags or labels.
Penalty of forfeiture of this warranty, the Consumer has the burden to report any defects and non-conformities within and no later than 2 (two) months from the discovery, transmitting to the customer Service at the following e-mail email@example.com the form filled in correctly with the indication of the defect and/or non-conformities found, as well as the related documentation as indicated in the return form itself.
As A result of the receipt of the form, and related documentation, the Seller will assess the defects and non-conformities reported by the Consumer via the service and, after making relevant checks, will decide whether to authorize the return of Products providing Consumer feedback, containing the “return code”, via e-mail to the address provided by the latter in the course of the registration process on the Site or in the process of transmission of the order. The authorization to return the Products shall not constitute in any way recognition of defects or non-compliance, the existence of which must be ascertained after the return.
The Products which the Seller has authorized the return shall be made by the Consumer, together with a copy of the notice of return authorization bearing the “return code” within 30 (thirty) days from the complaint of the defect or non-conformity at the following address: Grossi Srl, Via Catalani 22 Riccione 47838 (RN)
If the Seller is required to refund the Consumer the price paid, the refund will be made on or by the same means of payment used by the Consumer at the time of purchase of the product or by bank transfer. It will be the responsibility of the Consumer to inform the Seller, always via e-mail to the address firstname.lastname@example.org the bank details to make the transfer in his favour and to ensure that the Seller is put in the condition to return the sum due.
9) Liability for defective products
With regard to any damage caused by defective Products, the Seller, the distributor of the products through the Site, is free from any liability, none excluded and/or excepted, indicating the name of the product manufacturer.
10) Right of withdrawal
The consumer is entitled to withdraw from any contract concluded pursuant to these general conditions of sale, without any penalty, within the term of 14 (fourteen) days from the day of receipt of the ordered Products, for any reason, and without having to motivate its decision.
For the purposes of the exercise of the right of withdrawal, the Consumer shall convey to the Seller within the aforementioned deadline in the appropriate form and correctly filled out by e-mail to the address email@example.com
If the Products have not been shipped to the Consumer, the withdrawal shall be deemed exercised on receipt of the aforesaid email on the part of the Seller.
If the Products have been shipped to the Consumer, following the receipt of the aforementioned e-mail, the Vendor will send the Consumer via e-mail the return code. Within the next eight days, the Consumer must write the return code on the relevant form and return the Products to seller , together with the form, properly prepared and full of the return code, causing them to be sent to: Big Srl, Via Catalani 22 Riccione 47838 (RN). It is understood that the risks and costs of transport related to returning Products to Seller will be borne by the Consumer.
In order for the withdrawal right to be validly exercised, the Products must be delivered or, if sent to the seller intact (without any sign of wear, abrasion, scuffing, scratching, deformation, etc.) complete with all parts and accessories (including labels and tags intact and attached to the product) accompanied by any instructions/notes/manuals, packaging and the original packaging and the warranty certificate, if present. In the absence of the Consumer is not entitled to a refund of the amount paid.
The Seller will receive the returned Products, reserving the right to verify that the same have been returned in the conditions described above.
If the verification of the returned Products has a positive outcome and the right of withdrawal has been validly exercised by the Consumer in the terms and in the manner prescribed, the Seller will refund the Consumer the full amount paid for the purchase of the Products, including shipping costs, in the shortest time possible and in any event within 14 (fourteen) days from the date on which the Seller became aware of the exercise of the right of withdrawal by the Consumer.
Will in any case be borne by the Consumer, shipping costs and any additional duties or taxes for the return of the Product to the Seller.
The aforementioned refund will be carried out, where possible, by the same means of payment used by the Consumer at the time of purchase of the product or by bank transfer in favour of the Consumer; it will be the responsibility of the Consumer to inform the seller by e-mail to firstname.lastname@example.org the bank details to make the transfer in his favour and to ensure that the Seller is put in the condition to return the sum due.
11) consumer Data and privacy protection
To be able to proceed with the order, and then at the conclusion of this contract are required through the Site certain personal data to the Consumer. The Consumer acknowledges that the personal data provided will be recorded and used by the Seller in accordance with and in compliance with regulations provided by the Italian law D. Lgs n. 196/2003 and subsequent amendments in the matter of privacy - to give execution to each purchase done through the Website and subject to your consent, for any additional activities as indicated in the relevant privacy notice provided to the Consumer through the site at the time of the order.
The Consumer declares and guarantees that the data provided to the Seller during the purchase process are correct and true.
Although the Seller shall adopt measures to protect the personal data against their eventual loss, falsification, manipulation and improper use by third parties, due to the characteristics and technical limitations relating to the protection of electronic communications via the internet, the Seller cannot guarantee that the information or data viewed by the consumer on the site are not accessible or viewable by unauthorized third parties.
The Seller, with respect to the data relating to payment with credit card avails itself of the services of the Paypal company , which adopts technological systems to guarantee maximum levels of reliability, safety, security, and confidentiality in the transmission of information via the web.
12) applicable law and jurisdiction
Every contract of sale concluded between the Seller and Consumers under these general conditions of sale shall be governed by and interpreted in accordance with Italian laws. In each case, shall be without prejudice to the rights possibly allocated to the consumer by mandatory rules of law in force in the State of the latter.
For any dispute the competent court is the Court of Rimini, except in the case where this prediction does not find application because of the mandatory rules of the law in force in the country of residence of the consumer.