KITI TERMS AND CONDITIONS OF SALE

 

1. Definitions

In this document, the following capitalized terms shall have the following meanings:

Company: Kiti Sàrl., with registered office in Martigny – postal code 1920, Avenue de la Gare 24 – Switzerland, CHE 379 149 885 – Registration n° with the Companies Register of Martigny, E-mail hello@kitimimi.com.

Contract: any contract between the Company and You for the sale and purchase of any Products. Any of such contracts shall incorporate these Terms.

Order: the offer made by You via the Website to purchase one or more Products from the Company, including Pre-Orders where applicable.

Pre-Order: the offer made by You via the Website to purchase one or more Products that are not yet available for delivery from the Company.

Products: the goods offered for sale via the Website as specified thereon, (each a “Product”).

Terms: these terms and conditions of sale for customers purchasing via the website at <www.kitimimi.com>

Website: the website at <www.kitimimi.com> and any other website published by the Company from time to time.

“User” or “Users” or “You” or “your” refers to the individual(s) visiting or using the Website and/or placing an Order.

 

2. About these Terms

2.1 Products offers and surfing on the Website as well as the use of all functionalities made available therein are governed by these Terms.

2.2 By accessing, using, placing an Order and/or obtaining any contents, products or services through the Website, You agree to be bound by these Terms. Please review these Terms carefully and make sure that You understand them before using the Website and/or placing an Order. If You do not agree to these Terms, You must cease the use of the Website and must not make an Order through the Website.

2.3 These Terms are available in the “Terms&Conditions” Section of the Website for reference at all times. These Terms may be printed, reproduced or saved on a durable medium. Please download a copy of these Terms and retain for your records.

2.4 These Terms may be amended at any time. Any amendments shall be effective as of the date of their publication on the Website and shall apply to any Orders placed starting from such a date. By continuing to use the Website and/or placing any Order after amendments to these Terms are published on the Website. You agree to be bound by such amendments. You should therefore visit this page from time to time to review the then-current Terms because they are binding on You. The applicable Terms are those in force at the date on which an Order is placed and/or the User otherwise interacts with us through the Website (including without limitation to uploading any content to the Website).

 

3. Purchasing via the Website

3.1 The purchase of Products through the Website is only allowed to persons that have come of age and act in their capacity as consumers, defined as natural persons who, with regard to the purchase of Products, act for purposes unrelated to any business, commercial, professional or craft activities that they may conduct.

3.2 The User is allowed to purchase more than one Product within the same order. However, it is not possible to buy more than <100> items of the same Product in a single Order.

3.3 Should any breach of the above provisions occur or any irregularities in relation to the quantity of Products purchased or the frequency of purchases made, the Company reserves the right to undertake all actions required to ensure that such breaches or irregularities immediately cease, including the refusal or cancellation of irregular Orders or the suspension of the access to the Website or cancellation of the registration.

 

4. Purchase Method

4.1 Offers of Products on the Website are not binding for the Company and do not constitute an offer to the public, but an invitation for the User to submit to the Company Orders for the Products available thereon.

4.2 The only Products offered for sale by the Company are those shown on the Website at the time of placing the Order, as they are described on the relevant information pages.

4.3 Each Product selected by the User may be viewed in a specific web page containing its description with the main characteristics, pictures and unit price (including VAT, where applicable), contribution for shipping costs and any other additional charge, colours and different measures, models or sizes available.

4.4 It shall be understood that the images accompanying the information regarding a Product are shown for information purposes only and may not be wholly representative of the Products’ features, in some cases due to the browser and screen used to access the Website and view the images. The Company undertakes no warranties or liabilities as to the absolute accuracy of the graphical reproductions of the Products displayed on the Website.

4.5 The User, when choosing the Product/Products, will add it/them to its own shopping cart, up to a maximum of <1000> items for each single Order made. A brief summary description of the selected Product/Products, including measures or sizes, will be displayed in the shopping cart along with one or more digital pictures representing the Product/Products.

4.6 To place an Order, the User shall complete the order-form available on the Website after registering and creating a personal account (see par. 5).

4.7 Our order process allows the User to check and amend any errors before submitting the Order to the Company. Please take the time to read and check your order at each page of the order process. The User shall check the correctness of the content of the shopping cart before confirming the Order as well as the information provided, and shall expressly confirm that he has read and accepted these Terms. After checking the data relating to the chosen Product/Products the User shall select the payment method. The purchase order procedure is completed when the User selects the option ‘Confirm Order’ on the order summary page. At that time, the Order is directly submitted to the Company and shall be regarded as a binding contractual proposal.

4.8 After placing an Order, the User will receive via e-mail (at the e-mail address indicated by the User during the purchase procedure) a confirmation of order from the Company. This confirmation shall list the purchased Products, prices (including delivery costs), delivery address, order number and any other conditions that may be applicable to the Order. The User undertakes to make sure that data is correct and notify the Company immediately if there are any errors. Any higher costs caused by data errors which are not promptly reported will be borne by the User. Please note that the receipt of the above mentioned confirmation e-mail does not mean that the Order has been accepted. Acceptance of the Order shall take place as described in the following clause 4.9.

4.9 The Company shall confirm the acceptance of the Order by sending an e-mail to the User that confirms that the Products have been dispatched (the “Dispatch Confirmation”). A Contract between the Company and the User will only be formed when the Company send the Dispatch Confirmation and the Contract will be on these Terms to the exclusion of all other terms and conditions (including any terms or conditions Users may purport to apply).

4.10 The Company is under no obligation to accept any Order. The Company reserves the right to refuse Orders coming from a User that deems unsuitable to meet its obligation (as in the case, by way of example only and without limitation, of a previous breach of the contractual provisions for on-line purchase via the Website), or from a User who has been involved in any frauds (in particular, fraud related to credit card payment) or from a User who has provided false, incomplete or inaccurate data.

4.11 If the Company is unable to supply you with a Product (for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our Website), we will inform you of this by e-mail and we will not process your Order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

4.12 The Order form will be filed in the database of the Company for the time required for the completion of the agreement and, in any case, according to the procedures and time limits set forth by law. To gain access to their Order forms and to follow-up the status of their Orders, Users shall access the “My Account – Orders” section of the Website.

 

5. Registering on the Website

5.1 The purchase of Products on the Website may take place after registering within the Website. Registration on the Website is free.

5.2 To register on the Website, Users shall fill out the registration form, entering their name, surname, delivery address, contacts and e-mail address, choosing a password and then clicking on “Register”. Confirmation of registration will be sent to the User by e-mail.

5.3 Registration on the Website, by opening a personal account called “My Account”, enables Users to:

  • save their own addresses;
  • save their payment details so they may be re-used for paying subsequent purchases;
  • have access to all the information regarding Orders and returns;
  • monitor the Order status;
  • manage their own personal data and update them at any time.

5.4 The registration credentials (e-mail address and password) enable the User to make purchases on the Website and shall be preserved with extreme care and attention. Registration credentials may only be employed by the User and cannot be transferred to third parties. The User hereby undertakes to keep them confidential and to ensure that no third party gains access to them. The User also undertakes to immediately inform the Company if should he suspect or become aware of any illegal use or disclosure of the above mentioned credentials.

5.5 The User hereby guarantees that the personal data provided during the registration procedure for the Website are complete and truthful and undertakes to indemnify and hold harmless the Company against any losses, damages and/or liabilities deriving from and/or in any way connected to the breach by the User of the provisions concerning registration within the Website or the storage of the registration credentials.

5.6 Registration on the Website implies acceptance of these Terms.

 

6. Products Availability

6.1 The Products offered in the Website are those contained in the electronic catalogue published on the Website at the time when the User places the Order.

6.2 Products availability is monitored and updated. Nevertheless, since the Website may be visited simultaneously by many Users, it is possible that more than one User purchase the same Product at the same time. In these cases, the Product may appear as available for a short time, even though it is actually out of stock or momentarily unavailable. Therefore Products offered for sale may occasionally be totally or partially unavailable.

In such cases, without this implying any responsibility of the Company towards the User, the Company itself shall inform the User in a timely manner by e-mail or by telephone (at the number provided by the User). As a result, the Contract will be concluded only with reference to available Products and the User will be given the possibility to directly make a new Order with a new access to the Website. If the User has already paid for the Products, the Company will refund the User for the relevant amount including any delivery costs charged as soon as possible (see par. 4.11 above).

6.3 The Company reserves the right to change or update the Products offered on the Website at any time, without any obligation of notice.

6.4 Without prejudice to the provisions above, the Company reserves the right to offer the User the opportunity to purchase Products in advance, even if not currently available in the electronic catalogue of the Website, before they are manufactured or actually available on the Website (“Pre-order Products”). Pre-order Products will be identified by the terms “Pre-Order”. For each Pre-order Product, during the whole purchase procedure and, in any case, before the User is bound to Contract, it shall be specified the date on which the Pre-order Product becomes available. Pre-order Products can be purchased and paid by the User through the same payment methods and according to the same purchase procedure set forth in these Terms. Once the Contract is concluded, the User will receive an Order confirmation e-mail specifically referred to Pre-order Products.

 

7. Prices and Payment Methods

7.1 The prices of all Products offered on the Website are expressed in Euro (€) and include VAT at the rate applicable in Italy (the “Price”).

7.2 The Price does not include shipping costs. The Company reserves the right to request the User a shipping costs contribution, which may vary according to type of delivery, quantity of Products to be delivered, their weight and destination. The contribution requested by the Company for shipping costs is indicated, separately from the Price, before the submission of the Order by the User and shall be paid by the User along with the payment of the Price. The total amount, together with the shipping costs charged to the User, if any, will be specified in the Order summary page displayed upon completion of the relevant procedure as well as in the e-mail of acceptance of the Order.

7.3 Should the User require delivery of the Products to a location outside of Italy, the User shall be responsible for, and shall pay promptly as required, all taxes and duties due for or in relation to the importation of the Products into the relevant jurisdiction.

7.4 The Company reserves the right to change the price of Products at any time, without prior notice, it being understood that the price charged to the User shall be the one listed on the Website at the time the Order is placed, and no fluctuations (increase or decrease) subsequent to the transmission of said Order shall apply. If a Product is offered on the Website at a discounted price, the full price with respect to which the discount has been calculated shall be indicated.

7.5 The Company accepts only payments made by credit card, PayPal, bank transfer. In case of payment by bank transfer, the User shall make the transfer using the bank details indicated on the Webite, specifying in the reason for payment the Order number indicated by the Company at the time of transmission of the confirmation of the Order. Every costs determined by an extra european bank transfer will be charged on User’s responsability. In case of payment via bank transfer, the delivery term of the Product/Products will run from the bank transfer receipt date or from the date on which the bank transfer is confirmed as having been ordered in favour of the Company.

7.6 Under no circumstances shall the Company be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment. Under no circumstances and at no stage of the transaction shall the Company be able to access the Users’ credit card details, which shall be transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of said details shall be held by the Company.

7.7 The Company will deliver the Products only after receiving the confirmation of the successful payment made by the user. Any risk of loss or damage to the Product/Products which cannot be attributed to the Company, will pass onto the User, once the latter or a third party designated by the User other than the courier materially gains possession of the Product/Products.

7.8 The commercial invoice, if requested, will be sent together with the Product/Products. To ask again for such an invoice, the User shann send a specific request by e-mail to the address <hello@kitimimi.com>.  For Users that are resident, established or identified for VAT purposes in Italy, e-invoices shall be requested through a specific form available on the Website and they shall be submitted and stored in compliance with the applicable Italian Tax Law.

7.9 In the event one or more Products are unavailable, the User will be contacted in compliance with the provisions under par. 4.11 and 6.

 

8. Delivery of Products

8.1 Products will be shipped to the delivery postal address indicated by the User in the Order on-line form. The Company shall not accept nor process any Order that do not allow the identification of the subject who made the Order, the addressee of the ordered Products or the delivery address. The Company reserves the right to accept or refuse requests for delivery beyond the territories of Italy or Europe. In any case, for deliveries outside the territories of Italy, delivery expenses and lead times may be subject to change. With reference to requests for deliveries to countries that do not belong to the European Union, any customs duty for importation shall be payable by the consignee. The User is therefore advised to contact the customs authorities in the country concerned beforehand to verify the costs and any restrictions on imports.

8.2 Delivery methods and timing are indicated by the Company before the conclusion of the Order, in the Order summary page and in the Order confirmation email. Shipping expenses may be checked by the User, together with the Price for the purchase of the products, before the conclusion of the Order, in the Order summary page and in the Order confirmation e-mail. Unless otherwise expressly indicated by the User, the Company reserves the right to process the Order also through partial deliveries. Pre-Order Prdoucts shall be delivered once they are actually available (since manufactured or reassorted).

8.3 The lead times for delivery indicated by the Company are merely indicative. The Company undertakes to use all reasonable endeavours to observe delivery times indicated on the Website and, in any event, to carry out the delivery within the maximum term of 30 (thirty) days following the day of acceptance/dispatch confirmation of the Order. If the payment method chosen by the User is the bank transfer the period of time for delivery shall be calculated according to par. 7.5 above. The delivery terms are calculated only considering business days and excluding Saturdays, Sundays and holidays. At any event, the Company assumes no responsibility for disservices arising from force majeure such as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events which prevent, in whole or in part, the finalisation of delivery within the times indicated.

8.4 At the time of shipping, the User shall be sent an e-mail confirming the dispatch of the Products and containing a link allowing the User to track the delivery. The carrier engaged by the Company will make two attempts to deliver Products to the address indicated by the User. If such attempts are not successful, the Products will be held in stock at the carrier’s warehouse at the customer’s disposition for 5 (five) working days. In the event of non-collection of the Products by the customer within the foregoing time limit, the Order will automatically be cancelled and the Products will be returned to the Company. In this case, transport costs will not be refunded to the User.

8.5 The obligation to deliver is fulfilled through the transfer of material availability or, in any case, availability of the Product(s) to the User.

8.6 Al momento della consegna dei Prodotti,

At the time of delivery, the User shall be required to check that the delivery includes all and only the purchased Products and that the packaging is intact, not damaged, or wet or spoiled, including with reference to the materials used for sealing (adhesive tape or metallic strapping). The User shall promptly inform the Company of any possible defect in the Products received or of their non conformity with the Order made; otherwise the Products will be considered as accepted. If upon delivery of the Products the packaging is clearly damaged, the User shall refuse the delivery by the courier or sign for acceptance of damaged package subject to verification.

9. Right of Withdrawal

9.1 The User acting as a consumer is entitled, pursuant to Section 52 and ff. of the Consumer Code (Legislative Decree 206/2005), to withdraw from the Contract, without the need to specify a reason and with no penalty, within 14 (fourteen) days starting

  1. a)            in case of a single Product Order or of a single delivery, from the day the User or a third party other than the carrier and designated by the User comes into material possession of the Product/Products;
  2. b)           in case of a Multiple Order or in case of separate deliveries, from the day the User or a third party other than the carrier and designated by the User comes into material possession of the last Product delivered.

9.2 To exercise the right of withdrawal, the User must inform the Company prior to the expiry of the withdrawal period. For these purposes, the User shall fill out in the relevant section of the account created by the User on the Website. Following the on-line filling out of the above mentioned form, the Company shall provide the User with a return code to be indicated for the return shipping.

9.3 In case of the User’s exercise of the withdrawal right:

(i)           the User undertakes in any event to return the Products by courier within 14 (fourteen) days from the exercise of the right of withdrawal to the address <hello@kitimimi.com>;

(ii)          shipping costs relating to the return of the Products shall be exclusively borne by the User;

(iii)         the Company undertakes to repay the price in the shortest time possible, and in any event within 14 (fourteen) days from receipt of the returned Products, provided that the same have been returned in their original conditions, intact (pursuant to Article 56 of the Consumer Code) and not used, together with their original packaging/package and accessories, if any, quality labels, users’ manuals.

9.4 Pursuant to Article 56 of the Consumer Code, the Company undertakes to repay the Price using the same payment method used by the User.

9.5 The Company shall make no price repayment should the User exercise the right of withdrawal not in compliance with the methods and terms provided for in the withrawal procedure and in this paragraph 9.

9.6 The Company shall check that the returned Products are actually in their original conditions; should the Products returned by the User be damaged, incomplete, deteriorated and/or dirty, they shall not be reimbursed. Without prejudice to the right of the same Company to ask for compensation for any damage or for non-compliance with the products delivered to the User. Should the return of the Products due to withdrawal or return be entrusted to a different courier than the one indicated by the Company, the latter shall not be responsible for loss of Products, shipments to wrong addresses or delays in the delivery of the Products, it being understood that the User undertakes any risks for such shipment.

9.7 For the sake of completeness, the User may not exercise the right of withdrawal at issue if any of the hypothesis of exclusion provided for by Article 59 of the Consumer Code occurs.

9.8 Finally, it shall be pointed out that – in the event of non-fulfilment of the information obligations under Article 49, first paragraph, letter h), and 53 of the Consumer Code – the term for the exercise of the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period, as determined pursuant to Article 52, second paragraph of the Consumer Code.

 

10. Limitation of liability

Except in case of wilful misconduct or gross negligence, the Company shall in no way be responsible towards the User as a result of (i) damages or losses caused by the Products or their use by the User (without prejudice in any event to the application of the mandatory rules concerning Producer’s Liability); (ii) damages that are not caused by a non-fulfilment of the Company; (iii) loss of business or loss of trade opportunities.

11. Customer Service

Users may request information, send communications, ask for assistance or submit complaints by contacting the Company’s Customer Service (“Customer Service”) as follows:

–          By e-mail, writing to <hello@kitimimi.com>;

–          Via chat service, available on the Website.

 

12. Intellectual Property

12.1 The trademarks of Kitibook / Kitistory / Kiticube as well as the aggregate of figurative and non-figurative marks, illustrations, images and logos present on the Company’s Products, on the relevant accessories and packaging, whether registered or not, are and remain the exclusive property of the Company. The total or partial reproduction, amendment, registration or use of the aforesaid marks (or of signs that may be confused with them), illustrations, images and logos, for any reason and on any device – without prior written consent from the Company –  are strictly forbidden.

12.2 The Website and its contents (including the e-shop section) may be used for personal and non commercial purposes only.

12.3 The combination of the aforesaid trademarks and other marks, symbols, logos is likewise forbidden. Moreover, the reproduction, in whole or in part, the amendment, transfer by electronic or conventional means or the use of drawings, models and patents that are the exclusive property of the Company are strictly forbidden and protected by the applicable regulations in force.

12.4 The Website pages may include also trademarks, corporate names, images, logos belonging to third parties having contractual and/or collaboration relationships with the Comapny. Such trademarks are also protected by the applicable regulations in force and are subject to the provisions set forth in this paragraph 13, where applicable.

 

13. Privacy

All personal data are protected with the utmost confidentiality in compliance with the guidelines contained in the Privacy Policy that can be viewed at the specific section of the Website.

 

14. Security

14.1 Users who register are responsible for the keeping and appropriate use of all e-mails, user names, nicknames and passwords used to connect to the Website and shall adopt all necessary measures to assure that the same are used properly and that usernames and passwords are kept secret and not disclosed to any unauthorised person.

14.2 Users who register are responsible for any activity performed through their account and shall be liable for damages consequent to the misuse of their access data by third parties.

14.3 Registered Users must immediately inform the Company if there are reasons to believe that a username (or an e-mail) or a password are, or are likely to be, known by someone not authorised to use them or if it is likely that they are used in an unauthorised way. Registered Users who forget or lose their username must or password might recover it through the apposite link.

14.4 The Company reserves the right to suspend username (or e-mail), nickname and password to access the Website, should it deem that a problem of security or of unauthorised use of the same exists – or is likely to exist.

14.5 Registered Users are responsible for the truthfulness of information and personal data provided upon registration. Registered Users shall immediately inform the Comany of any changes occurred in the information and personal data provided upon registration or take care directly, if possible, of their updating, so that such information and personal data are constantly up-to-date, accurate, complete and true. Should information or personal data have been provided, or should the Company have good reason to suspect that information or personal data have been provided, which are false, inaccurate or incomplete, the Company shall be entitled to prevent the registered User from using the Website.

 

15. Amendments and partial ineffectiveness/invalidity

15.1 The Company reserves the right to make, at any time, at its sole discretion, all amendments, supplements and/or updatings that it deems necessary and/or simply appropriate to the Website, the contents, the programs and/or to the other materials contained therein and/or available via the Website itself (including these Terms).

15.2 For the sake of clarity, any amendment and/or updating made as indicated above shall not affect Contracts already entered into with the Users before making such amendment or updating.

15.3 Should one of the provisions of the Contract be declared, in whole or in part, null, invalid or ineffective by any competent court or controlling authority, said defect will not affect the remaining provisions.

 

16. Assignment

16.1 The Company may assign the Contract or any part of it to any person, firm or company.

16.2 User may not assign the Contract or any part of it without the prior written consent of the Company.

 

17. Notices

Any notice relating to these Terms or, in general, to any Contract entered into with the Company must be sent by e-mail, registered letter or by fax to the addresses indicated below:

 <hello@kitimimi.com>

 

18. Applicable Law – Jurisdiction – Dispute Resolution

18.1 These Terms and the sales of Products via the Website are governed by the Italian law and shall be interpreted on the basis of the same, with exclusion of the Vienna Convention of 1980 on the international sale of goods.

18.2 Any dispute that may arise in connection with these Terms and/or each Contract shall be subject to the exclusive jurisdiction of the Court of Martigny (CH), except for the mandatory jurisdiction of the court of the place of residence or address for service of the User acting as consumer, pursuant to the Consumer Code.

18.3 An exception also applies to Users/consumers whose habitual residence is not in Italy, to whom any more favourable and binding laws of the State in which they habitually reside apply, particularly with regard to the term for exercising the right of withdrawal, the term for returning the Products (if this right is exercised), the forms and procedures for exercised such rights and the legal guarantee of conformity.

18.4 Pursuant to Article 141-sexies, paragraph 3, of Consumer Code, the Company informs the User who is a consumer according to Article 3, paragraph 1, letter a) of the Italian Consumer Code, that, in cases where a dispute between the consumer and the Company could not be settled further to a complaint submitted directly by the consumer to the Company, the latter shall provide the consumer with the relevant information about the Alternative Dispute Resolution entity or entities (so-called “ADR entities”, as set forth by Articles 141-bis et seq. of the Italian Consumer Code) for consumer disputes stemming from an agreement executed pursuant to these Terms, specifying whether it will make use of the relevant ADR entities to settle the dispute.

18.5 Furthermore, the Company hereby informs the User who is a consumer according to Article 3, paragraph 1, letter a) of the Italian Consumer Code that a European platform for online dispute resolution for consumer disputes (so-called “ODR platform”) has been established. The ODR platform is available at the following link

https://ec.europa.eu/consumers/odr/main/?event=main.trader.register.

The above without prejudice to the consumer’s right to resort to the court with jurisdiction in relation to the dispute stemming from these Terms, regardless of the outcome of the out-of-court procedure, as well as to initiate, where possible, an out-of-court dispute resolution procedure pursuant to Part V, Title II-bis of the Italian Consumer Code. The User residing in a Member State of the European Union other than Italy may also access, in relation to any dispute arising from the application, implementation and interpretation of the erms and Conditions of Sale, the European procedure set up for small claims by Regulation (EC) No. 861/2007 of the Council of 11 July 2007, on condition that the value of the dispute does not exceed, excluding interest, duties and expenses, EUR 5,000.00 as at the date on which the relevant judicial authority receives the application.

 

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