Terms and conditions of sale
www.kettydshop.com
Agency
The legal entity is understood as the provider of the Online Sales service.
Buyer
The consumer means the natural person who makes the purchase via the Website.
Leave
If the Company and the Purchaser are appointed jointly.
Online sales
This means the sale by the Company of Products via the World Wide Web, using the electronic system made available by the Company, with online payment services.
Website
This means the telematic system made available by the Company to make the remote purchase of the Products offered by the same.
Products
This means the tangible movable goods put up for sale by the Company, whether they are of its own production or produced by third-party suppliers, in any case branded with the Company's trade names and logos.
PREMISE
KettyD shop by Donadello Ketty (hereinafter the Company) with headquarters in Teolo, via de Gasperi, 6 35037 (PD) VAT number 05612730282, sells and exclusively the Final Consumer (hereinafter the Buyer) purchases with an Online Sales Contract the Products selected and ordered by the Buyer among those included on the Website and currently available.
The Buyer declares and guarantees that the purchase of products on the Company's Website is not carried out in the performance of his professional activity and is also intended for strictly personal use.
All orders which, in the sole discretion of the Company, do not constitute a retail sale, and in general, any order deemed fraudulent, will be considered null and void. This Contract, available on the Website, must be carefully examined by the Buyer before completing the purchase procedure for the Products via the Website itself.
The Buyer declares to have full capacity to act and stipulate the Contract for the purchase of the Products on the Website based on this Online Sales Contract. The Company may under no circumstances be required to verify the ability of visitors and Buyers of the Company's Internet Site to act. In the event that a person, not having the necessary capacity to act (for example a minor), places an Order on the Company's Website, without prejudice to the responsibility of their parents or legal guardians for such Order and the related payment, the Company may refuse to accept the order.
1. Object of the contract
1.1 With this Contract, respectively, the Company sells and the Buyer purchases remotely, via telematic tools made available by the Company, the Products indicated and offered for sale on the Website www.kettydshop.com
1.2 This Contract is intended to define the rights and obligations of the Parties in relation to the sale of products by the Company to the Buyer. These rights and obligations apply without limitation to all sales made through the Website.
1.3 The Products on sale through the Website are illustrated on the page www.kettydshop.com, as described in the relevant information sheets; however, the image accompanying each Product may not be perfectly representative, therefore differing in colour, size and finishing details.
1.4 The Online Sales service, regulated by this Contract, is available for purchases to be delivered exclusively on Italian territory.
1.5 The Company reserves the right to modify this Contract at any time, however, any sale concluded prior to the variation of the Contract itself incorporates all conditions regulated by the Contract preceding any possible modification, including specific prices and/or promotions.
2. Stipulation of the Contract
2.1 The Contract between the Parties is concluded exclusively through the Company's Website, by accessing the Buyer at the address www.kettydshop.com, where, following the procedures indicated, the Buyer will formalize the purchase proposal for the Products referred to in points 1.1, 1.3 and 1.4.
3. Obligations of the Buyer
3.1 The Buyer undertakes to pay the price of the Products purchased and any additional costs, including but not limited to shipping costs, in the times and ways indicated in the Online Sales Contract.
3.2 The Buyer undertakes, once the online purchase procedure has been completed, to print and/or keep these general conditions, which, moreover, he will have already viewed and accepted as an obligatory step in the purchase, as well as to print the specifications of the product being purchased, in order to fully satisfy the condition referred to in articles 52 and 53 of Legislative Decree 206/05
3.3 The buyer is strictly prohibited from entering false and/or invented and/or imaginary personal data and e-mails in the registration procedure necessary to activate the process for the execution of this Contract for him. The data must be exclusively your own and real personal data and not of third parties.
4. Conclusion and effectiveness of the Contract
4.1 The Contract is concluded through the exact completion of the request form and the consent to the purchase expressed through the subscription sent online, or by filling out the form attached to the online electronic catalog at the address www.kettydshop.com/checkout/ and the subsequent sending of the form itself, always after viewing a web page summarizing the order which shows the details of the Buyer and the order, the price of the Product purchased, the shipping costs and any additional charges accessories, payment methods and terms, the address where the goods will be delivered, the existence of the right of withdrawal and a copy of this Contract.
4.2 When the Company receives the order from the Buyer, it will send a printable confirmation email summarizing the order, which also contains the data referred to in the previous point, with the exception of the copy of the Contract.
4.3 The contract stipulated between the Company and the Buyer must be considered concluded with the acceptance, even if only partial, of the order by the Company. This acceptance is considered tacit, unless otherwise communicated to the Buyer in any way.
4.4 Ownership of the Products will remain with the Company until the entire consideration for the order, including shipping costs, taxes and any additional costs (where applicable), are paid in full by the Buyer.
4.5 By placing an order, the Buyer declares to have read all the information provided to him during the purchase procedure, and to accept the Contract in full.
4.6 The Contract is not considered perfected and effective between the Parties in the absence of what is indicated in the previous point.
5. Prices
5.1 All sales prices of the Products indicated on the Website are expressed in euros and include VAT. The Seller reserves the right to change the prices of the Products at any time, without notice. The customer is guaranteed that the price charged will be that indicated on the Website at the time the order is sent, without prejudice to increases imposed by law, taxes, duties and/or events beyond the control of the Seller.
5.2 Shipping costs and any additional charges (where applicable) will be indicated and calculated in the purchase procedure before the Purchaser submits the order.
5.3 The Company may change the sales prices of the Products, shipping costs and any additional costs at any time and without notice. It is understood that each order received before the price change will retain the relevant amounts with the previous prices.
6. Payment
6.1.1 Each payment by the Buyer can only be made using one of the methods indicated: online credit card, PayPal, bank transfer.
6.1.2 As regards the payment method by credit card, by filling in the appropriate space on the Website, the Buyer authorizes the Company to use his/her credit card and to charge the same for the amount of the expense incurred, including taxes, transport costs, bank charges and any mandatory additional contributions included.
6.1.3 All orders must be paid in Euros, including taxes, transport costs, bank charges and any mandatory additional contributions.
6.1.4 The Company will send the invoice or receipt by email only if expressly requested by the buyer.
6.1.5 The issuance of the tax document will be carried out based on the indications provided by the Buyer at the time of the order. No changes will be possible after the issuance of the tax document itself.
6.1.6 The Buyer undertakes to carefully check the data entered at the time of the order, as these will be used for accounting records.
6.1.7 Any refund to the Buyer will be credited using one of the methods proposed by the Company and chosen by the Buyer, by way of example and not exhaustively through a refund on the amount paid, a voucher to be used for future purchases from the Website. Refunds will be recognized or re-credited within 14 (fourteen) days of acceptance of the same and, in case of exercise of the right of withdrawal, as governed by article 10.6 of this Contract.
6.1.8 All communications relating to payments take place on a special Company line protected by an encryption system. The Company guarantees the confidentiality of this information in compliance with the provisions of current legislation on the protection of personal data.
7. Availability of Products
7.1 The Products on sale on the Website are available for as long as they are published and within the limits of warehouse stocks.
7.2 The Company ensures, through the electronic system, the processing and fulfillment of orders received in the shortest time possible, compatibly with the workload of the Company's staff and warehouse availability.
7.3 In the event that, after sending the Order by the Buyer, total or partial unavailability of the product occurs, the Buyer will be immediately informed, by the most suitable means chosen by the Company, of the unavailability of the Product and of the total or partial cancellation of the Order.
7.3.1 In case of total cancellation of the Order:
7.3.1.1 The Buyer will be informed of the total cancellation of the Order
7.3.1.2 The Company will provide for the total cancellation of the sums paid by the Buyer relating to the canceled order
7.3.2 In case of partial cancellation of the Order:
7.3.2.1 The Buyer's Order will be partially confirmed with the amount charged only for the products available as indicated in the Order Confirmation email
7.3.2.2 The Buyer will be informed of the partial cancellation of the Order
7.3.2.3 The available products will be delivered to the Buyer
8. Delivery of goods
8.1 Normally we will entrust orders to the courier within 24-48 hours with the exception of weekends and public holidays. For all orders placed during the weekend (Saturday and Sunday), shipping will be made on the first working day (Monday). When your package is ready, it will be shipped and you will receive a confirmation email through which you can track your order.
8.2 Shipping costs are indicated to the customer before sending the order and then reiterated in the order confirmation.
8.3 It is essential that the customer provides all shipping details completely and accurately, without omitting any essential details to ensure correct delivery of the order.
8.4 The Seller is not responsible for delays and/or non-deliveries resulting from incomplete or incorrectly provided addresses at the time of the order. Any delays in delivery will not entitle the Buyer to make claims for compensation or compensation of any kind.
8.5 If the packaging or wrapping of the ordered products arrive at their destination clearly damaged, the Buyer is invited to refuse delivery by the carrier/shipper or to accept it "with reservation", specifying in detail the damage found. In the event of acceptance of a damaged package without making a reservation, the Seller cannot be held responsible for any damage to the goods contained, and it will not be possible to request a return or replacement.
9. Limitations of Liability
9.1 The Company assumes no responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times established by the contract.
9.2 The Company cannot be held responsible towards the Buyer, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet beyond its control.
9.3 The Company will also not be responsible for damages, losses and costs suffered by the Buyer following failure to execute the contract for reasons not attributable to him, the Buyer having the right only to a full refund of the price paid and any additional charges incurred.
9.4 The Company assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, upon payment for the purchased Products, if it demonstrates that it has adopted all possible precautions based on the best science and experience at the time and on the basis of ordinary diligence.
9.5 Under no circumstances may the Buyer be held responsible for delays or misunderstandings in payment if he proves that he has made the payment within the times and methods indicated by the Company.
10. Right of Withdrawal
10.1 The Buyer has the right to withdraw from the concluded contract, without any penalty, within 14 (fourteen) calendar days from delivery of the product.
10.2 The goods must be returned intact, in the original packaging, complete in all its parts, with the tag attached and without having been washed, used or altered in any way.
10.3 To start the return procedure, the Buyer is required to send an email to resi@kettydshop.com
10.4 Once the return has been accepted, it is necessary to download and insert the completed return form found here into the package. Packages received without a correctly completed return form will not be taken into consideration.
10.5 Packaging and shipping costs for returning the goods are the responsibility of the end customer. It is essential that the packaging is accurate to ensure that the goods do not suffer damage during transport. Furthermore, the package must be shipped using a tracked courier service to ensure shipment tracking.
10.6 In the case of returning an entire order whose initial value exceeded €69 and which benefited from free shipping, an amount equal to €7 will be retained to cover the initial shipping costs incurred by the Seller.
10.7 The amount of the returned products will be credited back within 14 working days of receiving the return, using the same payment method chosen at the time of purchase or, upon request, via a voucher.
11. Termination of the Contract and Express Termination Clause
11.1 The obligations assumed by the Buyer in art. 3 above (Buyer's Obligations), as well as the guarantee of the successful completion of the payment that the Buyer must make, are essential in nature, so that by express agreement, the Buyer's failure to fulfill just one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Civil Code, without the need for a judicial ruling, without prejudice to the Company's right to take legal action for compensation for further damage.
12. Protection of Privacy and processing of Personal Data
12.1 The Company protects the privacy of its Buyers and guarantees that the processing of data complies with the provisions of the privacy legislation pursuant to Legislative Decree no. 30 June 2003. 196 as applicable and to European Regulation no. 679/2016.
12.2 The personal and fiscal data acquired directly and/or through third parties by the Company, data controller, are collected and processed in paper, IT and telematic form, in relation to the processing methods with the aim of registering the order and activating the procedures for the execution of this Contract and the related necessary communications, in addition to the fulfillment of any legal obligations, as well as to allow effective management of commercial relationships to the extent necessary to best carry out the requested service (art. 24, paragraph 1, letter, Legislative Decree no. 196/2003).
12.3 The Company undertakes to treat the data and information transmitted by the Buyer with confidentiality and not to reveal them to unauthorized persons, nor to use them for purposes other than those for which they were collected or to transmit them to third parties. Such data may only be exhibited upon request of the judicial authority or other authorities authorized by law.
12.4 Personal data will be communicated, upon signing of a data confidentiality commitment, only to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and communicated exclusively within the scope of this purpose.
12.5 It is specified that in your capacity as an interested party, at any time you may request:
a) access to your personal data;
b) their rectification in case of inaccuracy;
c) the deletion of data relating to you;
d) the limitation of processing;
e) the right to object to the processing of your data where the conditions are met;
d) the right to data portability, i.e. to receive the personal data provided in a structured format commonly used and readable by an automatic device.
For anything not expressly provided for by the provisions referred to herein, please refer in full to the legislation in force on Privacy and specifically to article 7 of the Privacy Code and articles. 15, 16, 17, 18, 20 and 21 of the GDPR.
12.6 The communication of personal data by the Buyer is a necessary condition for the correct and timely execution of this Contract. Otherwise, the Buyer's request cannot be processed.
12.7 In any case, the acquired data will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. However, their removal will take place safely.
12.8 The owner of the collection and processing of personal data is the Company, to which the Buyer can direct any request at the headquarters
13. Storage Mode
13.1 Pursuant to art. 12 of Legislative Decree 70/03, the Company informs the Buyer that each order sent is stored in digital/paper form on the server/at the Company's headquarters according to confidentiality and security criteria.
14. Changes
14.1 The company reserves the right to vary this Agreement at any time, publishing the updated version from time to time on the website www.kettydshop.com.
14.2 Any new clauses will be effective for purchases made after the modification.
15. Applicable law
15.1 This Contract is governed by Italian law. These general conditions refer, although not expressly provided therein, to the combined provisions of Legislative Decree 50/92 and Legislative Decree 206/05.
16. Jurisdiction
16.1 Any dispute relating to the application, execution, interpretation of this Contract stipulated online via the website www.kettydshop.com is subject to Italian jurisdiction.
16.2 For disputes arising between the Parties in relation to this Contract, the Judge of the place of residence or domicile of the Purchaser is competent if located in the territory of the State.