Warning, this is an automatic translation of the terms and conditions, it may contain errors. The one in the original language present here is authentic
1. PURCHASE PROPOSAL AND CONCLUSION OF THE CONTRACT.
These general conditions of sale have as their object the purchase of products made remotely via the internet on the website www.kuader.com
These conditions may be updated or modified at any time by DFEX Co. Ltd and the consumer / buyer undertakes and undertakes to read them before placing any order.
The legislation expressly referred to for distance contracts is provided for in section II of Legislative Decree no. 206 of 6 September 2005.
The contract will be concluded directly through the access by the consumer / buyer to the website corresponding to the address www.kuader.com, where, following the indicated procedures, he will come to formulate the proposal for the purchase of the products.
The contract is concluded with the acceptance of the order by DFEX Co. Ltd and the consumer / buyer will receive a notification of acceptance via email.
By transmitting the order, the consumer / buyer declares to have read all the information provided to him during the purchase procedure and to fully accept the general and payment conditions transcribed below. In case of non-acceptance of the order, DFEX Co. Ltd will promptly notify the consumer / buyer.
Once the online purchase proposal has been formulated, the consumer / buyer must print or save an electronic copy and, in any case, keep these general conditions of sale in compliance with the provisions of Legislative Decree no. 206/2005 on distance selling.
Any right of the consumer / buyer to compensation for damages or compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things following the non-acceptance or evasion, even partial, of an order. Communications to DFEX Co. Ltd must be made exclusively to the address indicated above or by e-mail.
2. SALE PRICES AND PURCHASE METHODS.
Purchase proposals must be made exclusively by persons over the age of 18 and in possession of a tax code.
All sales prices of the products displayed and indicated on the website, and which constitute an offer to the public pursuant to art. 1336 c. c., are VAT inclusive
The sale prices are considered valid until the communication of acceptance of the purchase proposal. The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, the lack of conformity of the purchase cannot be complained of.
With the transmission of the purchase proposal, the consumer / buyer gives his consent to the use by DFEX Co. Ltd, for remote communications, by telephone, e-mail or fax.
3. METHOD OF PAYMENT.
The consumer / buyer can pay for the ordered products using the following payment methods indicated online at the time of purchase:
a) Advance bank transfer. The bank details will be provided at the time of the communication of the acceptance of the order;
b) Cash on delivery for the designated areas;
c) PAYPAL circuit and credit cards
d) Payment in installments via SCALAPAY.
If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV S.r.l., to related parties and their assignees, and that you authorize this transfer.
4. AVAILABILITY OF PRODUCTS.
Should an order exceed the quantity of product in stock, DFEX Co. Ltd undertakes to guarantee the fulfillment of the order in the quantities indicated by the consumer / buyer, ordering the missing product as soon as possible.
Should the availability of the missing product be denied, DFEX Co. Ltd, after notifying the consumer / buyer, undertakes to replace it with a similar product in terms of composition and desired effect.
If the consumer / buyer does not accept the replacement or even a longer wait, and in any case not exceeding the 30 days provided for by art. 54 of Legislative Decree no. 206/2005, DFEX Co. Ltd undertakes to ship the ordered goods in any case.
If the consumer / buyer does not agree to wait the time necessary for delivery (beyond the 30-day deadline set by art.54 of Legislative Decree no. 206/2005), the contract will be considered terminated and DFEX Co. Ltd will immediately cancel the order.
5. METHOD AND DELIVERY COSTS.
DFEX Co. Ltd will arrange for the selected and ordered products to be delivered to consumers / buyers by means of trusted couriers and / or shippers.
Delivery is guaranteed within 24/48 hours from order fulfillment, and within 96 hours only for the destinations of Calabria, Sicily and Sardinia. In the months of August and January, due to the reduction of services provided by couriers, shipments may be delayed for 48/72 hours.
In any case, delivery times will never exceed 30 days (maximum term provided for by art. 54 of Legislative Decree no. 206/2005). The delivery date means the date of the courier's first attempt to deliver the goods to the address indicated (meaning the main entrance to the building and not the entrance to the private home), even if the attempt is unsuccessful due to the absence of the recipient or refusal of the goods.
The delivery time of the goods is the working time of the courier: from 9.00 to 18.00 from Monday to Friday and it is absolutely necessary to be available at these times in the days following the communication of the acceptance of the order.
DFEX Co. Ltd is not responsible for damage or theft caused during the transport of the goods. In the event that a package arrives that is not intact or damaged or with obvious signs of tampering, it is necessary to point out the irregularity to the staff of the courier who delivers the package and sign the transport document adding the words "WITH RESERVE". This formality will allow you to protect yourself in the event of any type of anomaly found after opening the package (broken or missing pieces). In this case it will be necessary to report the incident via email to the local courier office and, for information, to DFEX Co. Ltd. In case of partial loss or damage not recognizable at the time of delivery, the damage must be reported by registered letter. AR, to the carrier by the newly known consumer / buyer and no later than eight days after receipt (art. 1698 of the civil code). DFEX Co. Ltd must be considered exempt from any liability for loss or damage (damage) to the goods from the moment in which the same is delivered without reservations to the courier for transport.
If a product other than the one ordered is sent to the consumer / buyer, DFEX Co. Ltd will replace the product sent incorrectly with the one ordered. In this case, the consumer / buyer must promptly contact DFEX Co. Ltd via email or by telephone, communicating what happened. DFEX Co. Ltd will provide the necessary instructions for the replacement and return of the incorrect product. In the event that the requested product is not available, DFEX Co. Ltd will re-credit the amount paid or send a product of equal value to the one ordered at the choice of the consumer / buyer. The incorrect product must be returned intact, therefore intact and sealed in its original packaging, with adequate external packaging, to prevent it from being damaged during transport. In the event that the returned product shows signs and has been opened in its packaging by cutting the original seals, the replacement procedure will not be activated.
6. BUYER'S OBLIGATIONS.
It is strictly forbidden for the consumer / purchaser to enter false and / or invented data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications for him; the personal data and the email address must be exclusively their real personal data and not those of third parties or fictional ones. DFEX Co. Ltd reserves the right to legally pursue any violation and abuse in the interest and for the protection of all consumers.
The consumer / buyer releases DFEX Co. Ltd from any liability deriving from the issue of incorrect tax documents due to errors in the data provided by the consumer / buyer, being himself solely responsible for the correct insertion.
The consumer / buyer expressly undertakes to accept the jurisdiction of the Court of Turin for all disputes relating to the application, execution, interpretation and violation of this contract.
7. DATA COLLECTION AND TREATMENT.
By completing the personal data sheet in the registration procedure necessary to activate the process for the execution of this contract and the related further communications, the consumer / buyer AUTHORIZES DFEX Co. Ltd to communicate the non-sensitive personal data (residence, telephone number ) to trusted couriers and / or shippers used for the delivery of the purchased products in order to allow the procedures necessary for delivery. These data are processed electronically in compliance with the laws in force and may be exhibited only at the request of the judicial authority or other authorities authorized for this purpose by law. Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose.
The treatment takes place, also with the aid of electronic means, in compliance with the procedures set out in art. 11 of Legislative Decree 30 June 2003 n. 196 guarantees the consumer / buyer and, in general, protecting his rights, fundamental freedoms and dignity, with particular reference to confidentiality and personal identity. The treatment will take place for a period of time not exceeding that strictly necessary for the fulfillment of the aforementioned purposes. Personal data will not be disclosed to third parties. The deletion of your personal data is subject to the sending of a communication sent by mail or post to the shop office.
8. GUARANTEES AND METHOD OF ASSISTANCE.
The clauses of this warranty replace any other warranty or condition, except those provided by law. This warranty does not affect any rights granted by law and does not preclude any protections guaranteed by law.
All products marketed by DFEX Co. Ltd are covered by the manufacturer's standard warranty and by the 24-month warranty for lack of conformity, pursuant to Legislative Decree no. 24/02. To use the warranty, the consumer / buyer must keep the invoice or transport document received. The manufacturer's conventional warranty is provided in the manner illustrated in the documentation inside the product packaging.
The 24-month guarantee pursuant to Legislative Decree no. 24/02 applies to products that present a lack of conformity, provided that the product itself is used correctly and in compliance with its intended use and as provided in the attached technical documentation. In the event of a lack of conformity, DFEX Co. Ltd will replace the product at no cost to the consumer / buyer.
In the event that, for any reason, it is not able to replace the product under warranty, DFEX Co. Ltd may proceed, at its discretion and upon notice, to send a product of equal characteristics and value or to issue a discount coupon. of the same amount that can be spent on another product within 6 months.
This warranty is transferable, provided that the current owner provides the original proof of purchase issued by DFEX Co. Ltd. In countries where the limitation of liability is not precluded, the maximum liability of DFEX Co. Ltd will not be able in any case exceed the price actually paid for the purchase of the product except in cases of willful misconduct or gross negligence.
DFEX Co. Ltd declines all responsibility for special, incidental, consequential or indirect damages, except in cases of willful misconduct or gross negligence.
The reporting of the manufacturing defect must be made within two months of discovery, under penalty of forfeiture (Article 1519-sexies of the Italian Civil Code).
In order to request the replacement remedy, the consumer / buyer must make a specific complaint following the procedure indicated in the following point n. 10.
9. RIGHT OF WITHDRAWAL.
The products prepared by DFEX Co. Ltd are completely handcrafted, responding to the needs of the customer who selects the motif and size of the painting. This means that the ordered object is completely customized.
Pursuant to article 59, section c, Legislative Decree of 21 February 2014 n ° 21, the supply of goods made to measure or clearly personalized does not provide for any right of withdrawal. This means DFEX Co. Ltd is unable to accept returns for orders purchased on www.kuader.com.
In any case, the replacement and reshipment of a new product is foreseen in the event that the item arrives damaged due to handling, transport or force majeure.
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Any complaint must be sent by email to the seller's address provided above. The consumer / buyer will receive an email confirming the opening of the complaint within the following three working days; with the same communication, instructions will be provided for the definition of the procedure and requests for clarifications or documentation will be forwarded. In compliance with current legislation, the consumer / buyer, in the event of a complaint lodged beyond six months from the delivery of the product, must provide suitable documentation proving that the lack of conformity existed at the time of delivery. For complaints submitted within six months of delivery, DFEX Co. Ltd reserves the right to verify the existence of the alleged defect, before granting the requested remedy or the alternative one provided by law.
11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE.
DFEX Co. Ltd has the right to terminate the stipulated contract by simply notifying the consumer / buyer with adequate and justified reasons; in this case, the customer will only be entitled to a refund of any sum already paid.
The guarantee of the successful completion of the payment that the customer makes with one of the means referred to in point 3 of these conditions and the obligations assumed by the customer are essential, so that, by express agreement, the default by the consumer / buyer , of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial decision, without prejudice to the right for DFEX Co. Ltd
12. JURISDICTION AND COMPETENT COURT.
Any dispute relating to the application, execution, interpretation, and violation of the purchase contracts stipulated online through the website is subject to Italian jurisdiction.
Except for the cases provided for by art. 63 of Legislative Decree 206/2005, any dispute between the parties regarding the application, execution, interpretation and violation of this contract will be the exclusive competence of the Court of Turin.
13. COPYRIGHT AND LIABILITY
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