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GENERAL CONDITIONS OF SALE
The products for sale on www.kalamitica.com (hereinafter the "Website") are sold and invoiced by Sgaravatti Trend S.r.l, with registered office at Brugine (PD) Via Alessandro Volta 4, VAT number/tax code: IT03929620288 - R.E.A. CCIAA of PD n. 348,478.
For any information regarding orders, shipments and, more generally, purchases, you can contact Sgaravatti Trend customer care centre at the following addresses:
email: shop@kalamitica.com
Telephone: +39 049 8968061
Hours: 9.00am-1.00pm; 2.00pm-6.00pm (CEST)
1. DEFINITION AND PURPOSE OF THE CONTRACT
1.1 This contract is a distance contract pursuant to Legislative Decree 6 September 2005, n. 206 ("Consumer Code") and subsequent amendments to certain aspects of Legislative Decree 9 April 2003 n. 70, legislation on electronic commerce. The object of the Contract is the sale of products between Sgaravatti Trend S.r.l and the Consumer. Sgaravatti Trend reserves the right to modify and/or integrate these Conditions at any time, at its sole discretion, without the need to provide any notice to the users of the Website. Any changes made will be effective from the date of publication on the Website and will apply only to sales concluded since that date.
1.2 The contract stipulated between Sgaravatti Trend S.r.l. (hereinafter "Sgaravatti Trend") and the Customer (i.e. the subject, a natural person, who makes the purchase on the Website, not referable to his commercial, entrepreneurial or professional activity) must be considered concluded with the acceptance, even if only partial, of the order by Sgaravatti Trend. In the event of non-acceptance of the order, Sgaravatti Trend will provide to promptly notify the Customer in any case.
1.3 By placing an order in the various ways laid down in the order form on the Website (hereinafter the "Order"), the Customer declares to have read all the information provided to him during the purchase procedure and to fully accept the present conditions.
1.4 These Conditions may be printed or saved on a durable medium, in compliance with the provisions of art. 12 of Legislative Decree 70/2003 and by art. 51 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014.
2. PRODUCTS AND SALE PRICES
2.1 The characteristics of the goods being sold are shown in the technical data sheets of the articles and can be easily viewed by the Customer when selecting the composition of the Order.
2.2 In any case, it is understood that the images accompanying the description of a product are for informational purposes only and may not be fully representative of its features but may differ for example by color and size (also due to the browser and monitor used for accessing the Website and viewing images).
2.3 The sales prices indicated in the product data sheets are inclusive of VAT, where due. The VAT applied is that of the country of destination of the goods, therefore prices may vary when the shipping address is entered in the checkout form.
2.4 Prices, Products for sale on the Website and/or their characteristics may be subject to change without notice. Upon signing and confirming the Order, the Customer expressly declares to have read the final sales price and to accept it.
3. PROCEDURE OF SELECTION AND PURCHASE OF PRODUCTS
3.1 Products displayed on the Website can be purchased by selecting the Products of interest to the Customer and including them in the specific virtual shopping cart. After the selection of the Products, to carry out the purchase of the Products included in the cart, the Customer will be invited to complete the relevant form on the Website and send the same after having viewed the Conditions of sale, as well as the characteristics of the product and/or the products he/she intends to buy.
3.2 The correct receipt of the Order is confirmed by Sgaravatti Trend via an e-mail reply, sent to the e-mail address communicated by the Customer. This confirmation message will summarize the data entered in the Order by the Customer, so that the latter can verify them and possibly communicate without delay the necessary corrections of incorrect data.
3.3 Each contract for the purchase of the Products is considered concluded when the Customer receives the order confirmation from the Seller via e-mail.
4. METHOD OF PURCHASE AND PAYMENT
4.1 The products offered for sale by Sgaravatti Trend are only those on the Sgaravatti Trend website at the time the Order is forwarded, as described in the relevant information sheets.
4.2 The Customer can make the payment by credit card or with a PayPal account through the PayPal website, which will handle the transaction in complete security and secrecy. No data relating to accounts or credit cards used will be made available to Sgaravatti Trend, all remaining within the PayPal circuit; Sgaravatti Trend will receive from PayPal only information related to the payment of the order and/or functional to the execution of the supply of the goods.
4.3 The Customer can make the payment by credit card or prepaid card, remaining within the kalamitica.com website. Sgaravatti Trend guarantees the security of the transaction and will not store any sensitive data entered for the purposes of the transaction.
4.4 The Customer can pay by bank transfer, in this case the bank details for payment will be displayed. The shipment of the goods will take place only upon receipt of the payment in the bank.
5. KALAMITICA MADE4YOU - CUSTOMISED MAGNETIC BOARDS
5.1 Orders for Made4You customised boards are made according to the instructions and graphic materials provided by the Customer. By confirming and sending the Order, the Customer declares that he/she has checked and approved the graphic design and authorises the start of production. Therefore, no claims can be accepted in the event of any errors in copying, transcribing or inserting images by the Customer him/herself.
5.2 Sgaravatti Trend S.r.l. cannot in any case guarantee the exact correspondence between the real product and its representation on the Customer's monitor. Therefore, Sgaravatti Trend S.r.l. expressly declares the possibility that the product presents minor differences in relation to the color tones compared to its multimedia representation, without this compromising the validity of the supply.
5.3 The Customer is solely responsible for the use of the Content (images, photos, text or other materials) added to the customised products. The Customer agrees not to include copyrighted text, images, designs, trademarks, service marks, or other works of third parties unless he/she has the appropriate permission from the rightful owners. The Customer warrants that the customised products do not infringe any third-party rights, including copyright, registered trademarks, rights of publicity or privacy, and that they will not defame or offend third parties. Should the Customer be responsible for the infringement of third party rights, he/she shall release Sgaravatti Trend S.r.l. from all claims and demands arising therefrom and indemnify Sgaravatti Trend S.r.l. for all defense costs and any other emerging damages.
5.4 Sgaravatti Trend S.r.l. is not responsible under any circumstances for the Content sent by the Customer for the creation of Customised Boards, whether text, images or graphic works, and assumes no responsibility for any damages caused by the creation, commercialisation or publication of said personalised items.
5.5 Sgaravatti Trend S.r.l. retains intellectual property over the Content created from scratch by the company itself. The Content submitted by the Customer, unless otherwise specified, remains the property of the same. Sgaravatti Trend S.r.l. reserves the right to use the projects made and sent directly by the Customer, limited to the products made, for promotional or advertising purposes by any means of communication, in compliance with the provisions of current legislation protecting privacy.
5.6 Sgaravatti Trend S.r.l. has no obligation to select the material sent by the Customer for the creation of customised boards, but reserves the right not to process Orders whose print contents are considered illegal or offensive. In this case, the Order will be refunded through the same payment channel previously used by the Customer, less any transaction costs incurred by Sgaravatti Trend S.r.l..
5.7 The legal right of withdrawal applied to consumers entering into distance sales contracts, which allows withdrawal from (or cancellation of) a contract within 14 days of receipt of the products without giving any reason or incurring any cost, does not apply to the supply of goods made to the consumer's specifications or clearly customised.
Products ordered through KalaMitica's Made4You service are customised by the Customer and therefore the right of withdrawal cannot be exercised.
6. SHIPPING AND DELIVERY OF PRODUCTS - COMPLAINTS
6.1 Sgaravatti Trend sends the products within 24 working hours and delivers them within five working days (eight abroad) from the conclusion of the contract, unless unforeseen circumstances and/or impediments, which will be promptly communicated to the Customer following the Order, or corporate holidays, of which notice will be exposed before the Order takes place.
6.2 Shipping costs are charged to the Customer and vary according to the delivery address and the amount of the Order. The Customer is informed of the shipping costs when he indicates the destination address in the appropriate form before proceeding with the payment. Shipping rates can be consulted in detail on the dedicated page.
6.3 Customised Products (Bespoke Boards) have different production times and transport costs compared to the products that can be purchased directly on the Site. For the realisation of customised Products, Sgaravatti Trend indicates a processing time of five to seven weeks, except for unforeseen events, impediments and/or company closures, which will be promptly communicated to the Customer.
The transport fee requested from the Customer varies according to the place of shipment and the quantity of customised Products requested. The Customer can make a complete estimate independently through the appropriate form in the dedicated section "Custom-Made Chalkboards", or request an evaluation directly to Sgaravatti Trend's Customer care. Sgaravatti Trend undertakes to inform the Customer from the very beginning of the costs to be borne, so that he can proceed with the Order in total safety. The payment of the customised Product must be made by Bank Transfer when the goods are ready, before shipping. In the case of Orders for several units, an advance payment shall be due, at the discretion of the Sales Office.
6.4 To safeguard and guarantee both the seller and the consumer, Sgaravatti Trend relies exclusively on selected suppliers for both logistics and transport. Any damage to the packaging of the goods must be reported immediately to the courier and a specific report must be compiled in parallel. The abovementioned communications must be sent in writing, by registered letter, fax or e-mail within eight days of receipt of the goods, attaching a copy of the report to the carrier.
6.5 Any complaint or request for information may be forwarded to the following addresses:
Sgaravatti Trend Srl, Via Alessandro Volta 4, 35020 Brugine (PD) - ITALY; tel +39 0498968061, fax 0498961314, e-mail shop@kalamitica.com
7. AVAILABILITY OF PRODUCTS
7.1 In the event that the order is confirmed but the products are not available under the terms at point 6.1, Sgaravatti Trend will immediately contact the Customer, reserving the right to forward the unavailable products according to the law (30 days from the order date). After the 30 days have elapsed, if the products have not been delivered to the Customer, Sgaravatti Trend will reimburse the sums paid in advance, without additional charges and expenses.
8. WARRANTIES AND ASSISTANCE
8.1 The Products purchased by the Customer are subject to the provisions within the legal guarantee of conformity and commercial guarantees for consumer goods provided for by Legislative Decree 6 September 2005, n. 206 ("Consumer Code"). Sgaravatti Trend guarantees the Customer that the Products will be free from design and material defects and in accordance with the descriptions published on the Website for a period of 2 (two) years from the date of delivery of the Products to the Customer. The application of any guarantee is excluded in case of use or washing of the Product not conform to that of the Product.
8.2 Under penalty of expiration of this warranty, the Customer has the duty to report any defects and non-conformities within and no later than 2 (two) months from the discovery, sending to Customer Care by e-mail to the address shop@kalamitica.com, with indication of the defect and/or non-compliance found, as well as at least n.1 (one) photograph of the Product, the confirmation of the order transmitted by the Seller and/or the tax receipt.
8.3 In the case of authorization to return the flawed product, the Customer is invited to send the product to Sgaravatti Trend, vi Alessandro Volta 4, 35020 Brugine, Padova, packing it carefully in the original box of the product, together with a copy of the purchase invoice. The new replacement product will be shipped by Sgaravatti Trend s.r.l. only after receipt of the defective product and the documents requested above correctly completed.
9. CUSTOMER'S OBLIGATIONS
9.1 The Customer declares and guarantees:
- to be a consumer according to the provisions of art. 3 of the Consumer Code (i.e. a natural person who purchases the goods for purposes not related to his professional activity);
- to be of age;
- that the data provided by the same for the execution of the Contract are true and correct.
10. RIGHT OF WITHDRAWAL
10.1 Without prejudice to the exceptions relating to the Consumer Code, the Customer has the right to withdraw from any contract, without having to provide any reasons and without any penalty within 14 days from the day on which the Customer or a third party, other than the Carrier and the Designated customer, acquires physical possession of the goods.
The right of withdrawal applied to this contract is excluded in relation to:
1. the supply of bespoke or clearly personalized goods
2. the supply of goods that are likely to deteriorate or expire rapidly.
10.2 To exercise the right of withdrawal, the Customer is required to inform Sgaravatti Trend of his decision to withdraw from this contract by an explicit declaration, within the terms indicated, to the following email address: shop@kalamitica.com
Registered users can access the "Order history and Details" section in their account and send a return request.
10.3 In the event of withdrawal, the Customer must return the Products to our warehouses at his own expense within 14 (fourteen) days from the withdrawal, to the following address: Sgaravatti Trend Srl, Via Alessandro Volta 4, 35020-Brugine (PD), Italy. The deadline is met if the goods are shipped back before the 14-day period expires.
10.4 The goods must be returned intact, complete of all its parts and in the original packaging (envelopes and packaging), kept and possibly used for the time strictly necessary to establish and verify their nature, characteristics and size, according to the normal diligence, without any sign of wear or dirt. The right of withdrawal may apply to the product purchased in its entirety; it is not possible to exercise withdrawal only to parts of the product purchased (e.g.: accessories, complements, etc.).
In the event of damage to the goods during transport, Sgaravatti Trend will notify the Customer, to enable him to file a timely complaint against the courier chosen by him and obtain the relative reimbursement.
Sgaravatti Trend will not be liable in any way for damage, theft, loss occurred during or in any case depending from the shipment for the return.
10.5 If the Customer withdraws from this contract, all payments made to Sgaravatti Trend, including delivery costs, will be reimbursed (except for the additional costs deriving from the choice of a type of delivery other than the less expensive type of standard delivery offered by us), no later than 14 days from withdrawal, by transferring the amount charged, using the same payment method used by the Customer for the initial transaction, unless otherwise agreed. In any case, the Customer will not incur any fees as a result of such refund.
The refund can be suspended until receipt of the goods or until proof of having sent back the products is provided by the Customer.
11. TREATMENT AND CONFIDENTIALITY OF PERSONAL DATA ACCORDING TO LEGISLATIVE DECREE NO. 196/03
11.1 The personal data collected with the submission of the Order will be processed by Sgaravatti Trend for the sole purpose of satisfying the express requests of the Customer, in compliance with the legislation referred to in the Italian law D.Lgs. N. 196/2003 and the privacy statement on the Website. Any further processing will be carried out only with the express consent of the Customer. To confirm the Order, the Customer must declare that he/she has read and approved this piece of information.
11.2 The Customer declares and guarantees that the data provided to Sgaravatti Trend during the registration and purchase process are true and correct. The Customer may at any time update and/or modify their personal data provided to Sgaravatti Trend through the specific section of the Website "My personal data" accessible after authentication.
12. JURISDICTION
12.1 In the event of a disservice or dispute between Sgaravatti Trend and the Customer, the parties may resort to a friendly-settlement attempt through the intervention of a neutral and competent conciliator.
12.2 In the event of a negative outcome of the conciliation attempt, or refusal by the Customer to adopt the above procedure, for civil disputes concerning the content of this contract the mandatory territorial jurisdiction is that of the judge at the Customer’s place of residence or address, if located in the territory of the State.
For Customers domiciled in European Union countries, Articles 15-17 Reg. 44/01 EU.
For customers domiciled outside the European Union, the Court of jurisdiction will be exclusively the competent one.