GENERAL CONDITIONS OF SALE
These General Conditions of Sale (hereinafter the "General Conditions") apply to all purchases made by a natural person (hereinafter the "CUSTOMER") on the website www.katuma.it (hereinafter the "SITE") at Levior Sas registered in the Turin trade and business register with number TO 1146126, with registered office in Piazza Mascagni 9, Italy, Tel .: 3298504742, e-mail: email@example.com (hereinafter the "SELLER").
ARTICLE 1. DEFINITIONS
- "CUSTOMER" : indicates the contractual partner of the SELLER, who acts as a consumer as defined by Italian law and jurisprudence, or "natural person who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out".
- "DELIVERY" : means the delivery address of the PRODUCTS communicated by the CUSTOMER at the time of the order.
- "Products" : means all products available and offered for sale on the SITE.
- “Territory” : means Italy.
ARTICLE 2. SUBJECT
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professional operators must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF CONDITIONS
These General Conditions are recalled at the bottom of each page of the SITE via a link and must be consulted before sending the order. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, applying the most recent version of these Conditions to each new order of PRODUCTS.
By clicking on the first button to transmit the order and then on the second button to confirm this order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or reservation.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SITE
The CUSTOMER will be invited to provide information that allows his identification by filling out the form available on the SITE. The sign (*) indicates the fields that must be compulsorily filled in for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The control of the DELIVERIES, if necessary, can be carried out using the online tracking tools of some carriers. The CUSTOMER can also contact the SELLER's sales office at any time, at firstname.lastname@example.org, to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by all appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive in accordance with the applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and the rules applicable in Italy.
Orders for PRODUCTS are sent directly to the SITE. To place an order, the CUSTOMER must follow the procedure described below (note, however, that the various stages of the procedure may differ slightly depending on the CUSTOMER home page).
The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the PRODUCT (s) in question and choose the desired characteristics and quantities. After the PRODUCT has been selected, it is placed in the CUSTOMER's cart. The latter can then add all the PRODUCTS he wishes to the cart.
Once the PRODUCTS have been selected and placed in the cart, the CUSTOMER must click on the cart and verify that the content of the order is correct. If he has not already done so, the CUSTOMER will later be asked to identify himself or register.
Once the CUSTOMER has validated the contents of the cart and has been identified / registered, an automatically filled online form will appear summarizing the price, applicable taxes and any delivery costs.
The CUSTOMER is invited to check the content of the order (including the amount, characteristics and codes of the PRODUCTS ordered, the billing address, the method of payment and the price), before validating the content.
Subsequently, the CUSTOMER can proceed with the payment of the PRODUCTS by following the instructions that appear on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific codes appear when the correct options have been selected. Orders transmitted must include all information necessary for their correct processing.
Once the procedure described above has been completed, a page for confirming receipt of the CUSTOMER's order is displayed on the SITE. A copy of the confirmation of receipt and order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address provided in the registration form is correct.
The SELLER will not send confirmation of the order by post or fax.
During the ordering procedure, the CUSTOMER must enter the information necessary for the issuance of the fiscal document or invoicing (the sign (*) indicates the fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
Unless otherwise requested by the customer, the goods will be delivered with a receipt. If an electronic invoice is required, the CUSTOMER must indicate this request in the order notes. Subsequently, the SELLER will request the CUSTOMER for the data necessary for issuing the invoice.
The CUSTOMER must clearly indicate all the information relating to the DELIVERY, in particular the exact DELIVERY address, and any access code to the DELIVERY address.
The CUSTOMER must also specify the chosen payment method.
Neither the order form that the CUSTOMER creates online, nor the confirmation of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Whatever the order or payment method used, the CUSTOMER will receive the receipt upon DELIVERY of the PRODUCTS, inside the package, or the relative electronic invoice will be sent later, if requested.
The order date is the date on which the SELLER confirms receipt of the online order. The terms indicated on the SITE will only start from that date.
For all PRODUCTS, the CUSTOMER will find on the SITE the prices displayed in Euros including taxes, and the relative applicable delivery costs (based on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or the method of selected transport).
In particular, the prices include the value added tax (VAT) in the rate in effect at the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS starting from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may vary. They can also be changed in case of special offers or sales.
The prices indicated are valid except for obvious errors. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
The SELLER undertakes to deliver the PRODUCT on the date or within the deadline indicated to the CUSTOMER, unless the parties have agreed otherwise.
In principle, for each PRODUCT, in the SITE detail screen, the number of days required for the SELLER to collect it from its suppliers is indicated. This information is to be considered indicative as, dealing with the SITE products of small artisan producers, these are not always able to be precise and punctual in deliveries. In this case, the SELLER will provide timely information to the CUSTOMER on any possible delay in delivery.
The unavailability of a PRODUCT is also indicated on the page of the PRODUCT in question. CUSTOMERS can also be informed by the SELLER of the restocking of a PRODUCT.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to promptly inform the CUSTOMER if the product is not available.
If a PRODUCT is not available, the SELLER can propose, if the parties agree, an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will obtain a refund of all monies paid for unavailable PRODUCTS within thirty (30) days of payment.
ARTICLE 6. RIGHT OF WITHDRAWAL
ARTICLE 7. PAYMENT
The CUSTOMER can pay for his PRODUCTS online on the SITE according to the methods proposed by the SELLER.
The CUSTOMER guarantees the SELLER to be in possession of all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
In this regard, it is specified that all the relative payment information provided on the SITE is transmitted to the payment system (Eg: Paypal, Satispay, ...) and are never stored on the SITE.
In the case of a single payment by credit card, the CUSTOMER's account will be charged at the time the order for the PRODUCTS on the SITE is placed.
In case of partial DELIVERY, the total amount will be debited to the CUSTOMER's account as soon as possible upon shipment of the first package. If the CUSTOMER decides to cancel the order of PRODUCTS not available, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service to pay for the order by another valid means of payment.
If for any reason, opposition, rejection or other, the transmission of the amount due by the CUSTOMER proves impossible, the order will be canceled and the sale will be automatically terminated.
ARTICLE 8. PROOF AND STORAGE
The SELLER agrees to store this information in order to ensure the traceability of transactions and to produce a copy of the contract, at the request of the CUSTOMER.
In the event of a dispute, the SELLER will have the opportunity to demonstrate that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The previous provisions do not preclude the transfer to the CUSTOMER, upon receipt by the latter or a third party designated by him, other than the carrier, of the risks of loss or damage to the PRODUCTS which are the subject of the retention of title and of the risks the damage they can cause.
ARTICLE 10. DELIVERY
ARTICLE 11. PACKAGING
CUSTOMERS undertake to comply with the same standards when making a return of PRODUCTS under the conditions set out in Annex 1 - Withdrawal Policy.
ARTICLE 12. LEGAL WARRANTY
2. Consumer goods are presumed to comply with the contract if, where relevant, the following circumstances coexist:
a) they are suitable for the use for which goods of the same type are normally used;
b) they conform to the description made by the seller and possess the qualities of the goods that the seller has presented to the consumer as a sample or model;
c) present the usual quality and performance of a good of the same type, which the consumer can reasonably expect, taking into account the nature of the good and, where applicable, the public statements on the specific characteristics of the goods made in this regard by the seller, the manufacturer or its agent or representative, in particular in advertising or on labeling;
d) they are also suitable for the particular use desired by the consumer and which has been brought to the attention of the seller by the latter at the time of the conclusion of the contract and which the seller has also accepted for conclusive facts.
The SELLER is liable for conformity defects existing at the time of delivery and conformity defects resulting from the packaging, assembly instructions or installation when this is at his expense or has been carried out under his responsibility.
The SELLER is responsible when the lack of conformity occurs within 24 months from the date of delivery of the PRODUCT, even if on that date the defect was not immediately detectable. To assert it, the CUSTOMER must notify the SELLER of the presence of the defect within 2 months of discovery. The action deriving from a lack of conformity expires within 26 months from the delivery of the PRODUCT (Article 132 of the Consumer Code) .
Unless proven otherwise, it is assumed that the lack of conformity that occurs within the first 6 months from the date of delivery of the PRODUCT already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the defect of compliance.
The CUSTOMER must keep the purchase receipt of the PRODUCT, as well as the documents confirming the shipment and delivery of the PRODUCT.
In the event of a lack of conformity, the CUSTOMER may request, without charge, the replacement or repair of the PRODUCT, at its discretion, unless there is an evident disproportion between the cost of the CUSTOMER's choice and the other practicable option, taking into account the value of the PRODUCT or the seriousness of the defect.
In the event that a replacement or repair is impossible or excessively expensive, the CUSTOMER may request, at his choice, an appropriate reduction in the price or the termination of the contract.
After reporting the defect, the SELLER can offer the CUSTOMER a refund of the PRODUCT price within thirty (30) days of receiving the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER at the following address Piazza Mascagni 9
In the case of used goods, the SELLER's liability term is one year. (Article 134 of the Consumer Code) .
It should be noted that this legal guarantee of conformity applies regardless of any commercial guarantee granted on the PRODUCTS.
Article 12.2. Warranty for hidden defects
The SELLER is obliged to provide a guarantee for hidden defects in the PRODUCT sold that make it unsuitable for its intended use, or that reduce this use so much that the CUSTOMER would not have purchased it or would have paid a lower price if it had. known. This guarantee allows the CUSTOMER who can demonstrate the existence of a hidden defect to choose between the remedies referred to in the previous article.
ARTICLE 13. LIABILITY
The SELLER cannot be held responsible, or considered in default pursuant to these General Conditions, for any delay or non-fulfillment when the cause of the delay or non-fulfillment is due to a case of force majeure as defined by the jurisprudence of the Italian courts and tribunals. .
It is also specified that the SELLER does not control websites that are directly or indirectly connected to the SITE. Consequently, any liability for the information published there is excluded. Links to third-party websites are provided for information only and no guarantee is made regarding their content.
ARTICLE 14. PERSONAL DATA
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyze orders and, if the CUSTOMER has chosen this option, send communications for market studies, newsletters, promotional offers and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
CUSTOMERS can cancel their registration at any time by accessing their account or by clicking on the hypertext link provided at the bottom of each offer received by e-mail.
The data may be communicated, in whole or in part, to the SELLER's service providers who intervene in the execution of the order. For commercial purposes, the SELLER may transfer the names and contact details of his CUSTOMERS to his business partners, provided that they have given their consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS can change their mind at any time by contacting the SELLER. The SELLER can also ask its CUSTOMERS if they wish to receive commercial offers from its partners.
Pursuant to the GDPR (from art.15 et seq.) And as an interested party, the CUSTOMER has the right, at any time, to obtain confirmation of the existence or not of data concerning him, to know its content and 'origin, to verify its accuracy or request its integration, updating or rectification, to request cancellation, transformation into anonymous form or blocking of data processed in violation of the law, or to oppose the processing of data for legitimate reasons. He can exercise these rights by sending an e-mail to the address: email@example.com or by sending a letter to Piazza Mascagni 9. It is specified that the CUSTOMER must prove his identity by scanning an identity document or by sending to the SELLER a photocopy of his identity card.
ARTICLE 15. COMPLAINTS
ARTICLE 16. INTELLECTUAL PROPERTY
These elements are the exclusive property of the SELLER. Anyone who publishes a web SITE and wishes to create a hyperlink to the SITE must request the authorization of the SELLER in writing.
This authorization from the SELLER will in no case be definitively granted. The link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or the insertion of hyperlinks (inline linking) are strictly prohibited.
ARTICLE 17. VALIDITY OF THE GENERAL CONDITIONS
ARTICLE 18. MODIFICATION OF THE GENERAL CONDITIONS
The General Conditions have a precise date and can be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
The changes made to the General Conditions do not apply to PRODUCTS already purchased.
ARTICLE 19. JURISDICTION AND APPLICABLE LAW
Any dispute that does not find an amicable solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State; otherwise the jurisdiction will be exclusive to the Ivrea court.
In any case, it is possible to optionally resort to the mediation procedures referred to in Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these General Conditions of sale by accessing the following site: https: / /webgate.ec.europa.eu/odr .
ATTACHMENT 1 WITHDRAWAL POLICY
Right of withdrawal
The CUSTOMER has the right of withdrawal, without indicating the reasons, by returning or returning the PRODUCT to the SELLER.
For this purpose, the PRODUCT must be sent back or returned without undue delay and no later than fourteen (14) days after the communication of the withdrawal decision, unless the SELLER proposes to collect the PRODUCT himself.
Pursuant to Article 52, paragraph 2 of the Consumer Code, the withdrawal period ends at the expiration of fourteen (14) days starting from the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the product.
In the event that the CUSTOMER has ordered multiple PRODUCTS through a single order that gives rise to multiple DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period expires fourteen (14) days after the in which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
The CUSTOMER can also use the form below:
SELLER's phone number *:
Fax number of the SELLER *:
SELLER's e-mail address *:
I hereby inform you of my withdrawal from the contract for the sale of the PRODUCT indicated below:
Order form no .:
- Ordered on [________________] / received on [________________]
- Payment method used:
- Name of the CUSTOMER and possibly the beneficiary of the order:
- CUSTOMER address:
- Delivery address:
- Signature of the CUSTOMER (except in the case of transmission by e-mail)
In order to comply with the withdrawal deadline, the CUSTOMER must send his communication concerning the exercise of the right of withdrawal before the withdrawal deadline.
Effects of withdrawal
In case of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the entirety of the sums paid including delivery costs (with the exception of additional costs that may arise from the CUSTOMER's choice of a delivery method other than the delivery method. standard proposed by the SELLER), without undue delay and in any case within fourteen (14) days from the day on which the SELLER was informed of the CUSTOMER's withdrawal. (Article 56 of the Consumer Code) .
The SELLER will proceed with the reimbursement using the same payment method used by the CUSTOMER for the initial transaction, unless the CUSTOMER has expressly allowed the use of another means; in any case the reimbursement will not involve any cost for the CUSTOMER.
The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method proposed by the SELLER.
The SELLER can suspend the reimbursement until the moment in which he has received the goods or, if earlier, until the moment in which the CUSTOMER proves that he has returned the goods.
The CUSTOMER must return the goods to Piazza Mascagni 9, without undue delay and in any case within fourteen (14) days from the date on which he communicates his decision to withdraw from the contract.
The deadline is considered respected if the CUSTOMER sends back the goods before the expiry of the fourteen (14) day period.
Condition of the returned goods
The PRODUCT must be returned following the instructions of the SELLER, and in particular must include all the accessories supplied.
The CUSTOMER is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and correct functioning of this PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT, but his responsibility can be called into question if he carries out manipulations other than those necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- The supply of goods or services whose price depends on the fluctuation on the financial market
- The supply of goods made to measure or clearly personalized
- The supply of goods which, by their nature, are liable to deteriorate or expire rapidly
- The supply of sealed audio and video recordings or computer software which have been unsealed after delivery
- Newspapers, periodicals and magazines (except subscription contracts)
- The provision of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities if the contract provides for a specific date or period of performance
- The supply of goods which by their nature are inseparably mixed with other goods
- The supplies of sealed goods that do not lend themselves to being returned for hygienic reasons and related to health protection and have been opened by the CUSTOMER after the DELIVERY
- The supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, whose delivery can only take place after 30 days and whose actual value depends on fluctuations on the market that cannot be controlled by the SELLER
- The supply of digital content through a non-material support if the execution has begun with the express agreement of the consumer and with his acceptance of the fact that in this case he would have lost the right of withdrawal
- contracts concluded at a public auction
ANNEX 2 DELIVERY POLICY
The PRODUCTS offered can only be supplied on the TERRITORY.
It is not possible to place an order for any delivery address located outside the TERRITORY.
PRODUCTS are shipped to the delivery address or addresses that the CUSTOMER will have indicated during the order compilation procedure.
The terms for preparing an order and for issuing the invoice before shipping the PRODUCTS in stock are indicated on the SITE. These terms do not include weekends and holidays.
The CUSTOMER will be automatically sent an e-mail message when the PRODUCTS are shipped, provided that the e-mail address that appears in the registration form is correct.
Delivery terms and costs
During the order, the SELLER indicates to the CUSTOMER the possible shipping terms and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be borne by the CUSTOMER in addition to the price of the PRODUCTS purchased.
The details of the delivery terms and costs are shown on the SITE.
In the absence of indication or agreement on the delivery date, the SELLER delivers the PRODUCT without undue delay and in any case within thirty (30) days after the conclusion of the contract. (Article 61 of the Consumer Code) .
The package will be delivered to the CUSTOMER upon signature and presentation of an identity document.
In his absence, the CUSTOMER will be left with a notice in order to allow him to request the package at the post office.
The CUSTOMER is informed of the delivery date set when choosing the carrier, at the end of the online order procedure, before confirming the order.
Please note that deliveries will be made within thirty (30) days at the latest. Otherwise, the CUSTOMER must inform the SELLER to deliver within a reasonable time and in case of non-delivery within this time he may withdraw from the contract.
The SELLER will reimburse the CUSTOMER, without undue delay after receiving the notice of withdrawal, the total amount paid for the PRODUCTS, including taxes and shipping costs, using the same payment method used by the CUSTOMER for the purchase of the PRODUCTS.
The SELLER is responsible until the DELIVERY of the PRODUCT to the CUSTOMER. Please note that the CUSTOMER has a period of three (3) days to notify the carrier of the disputed damage or partial losses at the time of delivery.