General terms of Sale
Km Edizioni invites you to carefully read these “general terms” before proceeding to buy products on the site. These “general terms” must be accepted at the time of purchase, together with the “privacy information” required from the 8th of November 2013.
“”GENERAL TERMS OF SALE””
Introduction – General Conditions – Modifications
These General Terms and Conditions of Sale (hereinafter, the General Conditions) concern the regulation of the purchase of products, carried out remotely and made available, via the internet, from the site www.kmedizioni.com (hereinafter, the Site).
2.- The products made available on the Site consist of books and are illustrated in detail on the home page of the Site within the respective sections.
3.- Professional within the meaning of Article 3, paragraph 1 letter c) of the Consumer Code is Km Edizioni by Erika Marchetti (hereinafter, “KmEdizioni“), with registered office at Via Pietro Francavilla 11, 50142, Florence, VAT. 06900750487, registered in the Florence Company Register under no. 3002769199 REA n. FI-6647141813088.
4.- All purchases of products and services made through the Site (hereinafter the Purchase Contracts) by the users who access it (hereafter, the Customers) are governed by the General Conditions as well as by the other provisions and operating instructions contained in the Site. In the event of conflict between the provisions of the aforementioned provisions and operating instructions and the contents of the General Conditions, the latter shall prevail.
5.- Any operation and / or payment condition that may be granted to the Customer notwithstanding the General Conditions will be valid only if KmEdizioni has accepted this derogatory condition in writing.
6.- The provisions of these General Conditions apply without distinction to all Customers, except for those provisions for which the applicability to Consumer Customers only has been expressly provided. “Consumer Customer” means a natural person who purchases the products offered by the Site for purposes unrelated to any entrepreneurial or professional activity performed; for the purposes of these General Conditions, it is assumed that it is not “Consumer Customer” that Customer who sends a proposal to purchase products or services by entering their VAT number at the same time in the area of the Website relative to the Customer’s personal data. Articles from 45 to 67 of the Legislative Decree n. 206/2005 (hereinafter the “Consumer Code”).
7.- KmEdizioni invites each Customer to carefully read these General Conditions before making any purchase transactions and, once the purchase procedure provided for by the Site has been completed, to print them and to keep a copy or save in an electronic copy, it being understood that KmEdizioni will send a copy via e-mail to each Consumer Customer together with the confirmation of the purchase order.
8.- Without prejudice to the provisions of Article 49, paragraph 5 of the Consumer Code, KmEdizioni may modify, at any time and without notice, the contents of the General Conditions referred to in this document. Any modifications made will be effective from the date of publication on the Site, as declared in the heading of the same General Conditions, and, except for the most favorable modifications for the Customer, will be applicable only to the contractual proposals (or orders) of purchase sent by the Customer pursuant to art. 9 of these General Conditions after the date of publication.
9.- The Customer can buy the products present in the electronic KmEdizioni catalog, illustrated in detail on the home page of the Site within the respective sections by product category, as described in the relevant information sheets contained in the Site, respecting the technical procedures of access illustrated therein. The publication of the products displayed on the Site constitutes an invitation to the Customer to formulate a contractual purchase proposal. The order sent by the Customer has the value of a contractual proposal and involves the complete knowledge and full acceptance of these General Conditions.
10.- Successful receipt of the Customer’s proposal is confirmed by KmEdizioni by means of a reply sent to the email address communicated by the Customer and only confirms the correct receipt of the proposal within the information systems. The message re-proposes, in addition to the information required by law, all the data entered by the Customer, who undertakes to verify its correctness and to promptly communicate any corrections.
11.- Each order can be viewed by the Customer on the Site, in his personal area, immediately after sending the order. Until the completion of the order by KmEdizioni, the Customer has the right to modify or cancel the order, exclusively through the specific access and modification functions provided.
12.- Each Purchase Agreement stipulated between KmEdizioni and the Customer shall be considered concluded with the acceptance of the order by Di Km Edizioni. KmEdizioni has the right to accept or not, at its discretion, the order sent by the Customer, without the latter being able to make claims or rights whatsoever, in any capacity, including compensation, in the event of failure to accept the order. The acceptance of KmEdizioni is considered tacitly released, unless otherwise communicated to the Customer within 48 hours from the dispatch of the order, by means of an e-mail message sent to the address notified by the Customer. After sending the confirmation reply by KmEdizioni, if it is KmEdizioni to find (due to errors of a technical or formal nature) the incorrectness of the price and / or characteristics, published on the Site, of the products covered by the Proposal of the Customer, KmEdizioni will expressly communicate this to the Customer inviting him to make, if still interested, a new proposal.
13.- By sending the order, in the various ways provided by the operating instructions of the Site, the Customer declares to have read all the information provided to him during the purchase procedure, and to fully accept the General Conditions and payment methods described below.
Product prices – delivery charges – product availability
14.- All product prices are clearly indicated on the Site and are inclusive of VAT. They do not include any additional and different taxes, duties or duties arranged by the relevant applicable legislation, such as those provided for in the matter of importation. To the extent necessary, the customer must therefore proceed with customs clearance of imports and pay the duties and taxes (other than VAT) that may be due in the importing country.
15.- If a product is presented on the Site in areas other than the specific sections intended for the purchase of the products or in any case without the “add to cart” icon, it is understood not available for sale through the Site.
16.- The prices and availability of the products, as shown on the Site, are subject to change at any time and without notice, it being understood that, limited to orders being accepted or as accepted above by KmEdizioni, the conditions of sales in force at the time the order is sent by the Customer, except for orders not accepted, as indicated in article 12 above.
17.- The site shows the products available for shipment. This availability and the relative delivery times of the products are merely indicative, as they are not updated in real time; furthermore, in consideration of the possible simultaneous ordering on the Site of the same product by several Customers or the possible order, by the same Customer, of several copies of the same product, the actual availability of the individual products may vary significantly during the course of same day with respect to the indications given on the Site. It is understood that the charge on the credit card is made only when the order is “Ready for shipment” (when the system has ascertained the availability of the products ordered for their shipment), KmEdizioni will arrange for the delivery of the products purchased in accordance with and subject to their actual availability. In the event that more products are ordered with different availability times, delivery will take place when the available product is also ready for shipment.
18.- If the delivery times of the product ordered are delayed with respect to the delivery times indicated on the Site before the order, KmEdizioni undertakes to promptly notify the Customer via an e-mail message to the address indicated by the Customer. Until the time of shipment by KmEdizioni, communicated to the Customer through an e-mail message, the Customer has the right at any time to cancel the order or modify it, exclusively following the specific procedures.
19.- The cost of each shipment, the amount of which may vary based on the method of delivery and payment, as well as the country of destination and the total amount of the order, is added to the total price of each Purchase Agreement and is clearly indicated and communicated to the Customer, through the Site, before the conclusion of the Purchase Agreement; the aforementioned shipping cost will also be specified.
20.- The visual representation of the products on the Site, where available, normally corresponds to the photographic image of the products themselves and has the sole purpose of presenting them for sale, without any guarantee or commitment, on the part of KmEdizioni, regarding the exact correspondence image depicted on the site with the actual product; and this with particular regard to its real dimensions and / or the chromatic aspects of the covers. In case of difference between the image and the written product sheet, the description of the product sheet always prevails.
21.- Payments in execution of the Purchase Agreements stipulated through the Site can be made exclusively by credit card or PAY PAL. The Customer is required to choose, at the time of conclusion of the Purchase Agreement, the chosen payment method. The latter, once the Purchase Agreement has been completed through the acceptance of KmEdizioni, can no longer be changed. Notwithstanding the foregoing, should KmEdizioni experience problems with the payment, it will notify the Customer without delay of the criticality regarding the execution of the payment, proposing to use another means of payment among those accepted by KmEdizioni. By way of derogation, it is specified that if the Customer has chosen to pay with PAY PAL, any critical issues encountered in the execution of the same will result in the cancellation of the order. This circumstance will be communicated to the Customer who will have to create a new order and indicate a different payment method.
Payments by credit card
22.- If the Customer proceeds with the purchase of the products with payment of the price by credit card, the bank in question will immediately verify the validity of the credit card, but will charge the total amount corresponding to each Purchase Agreement only when the order is “Ready for shipment”, it being understood that no preventive blocking of the amount equal to the price of the product ordered will be made on the Customer’s credit card. In this case of payment, the Customer will therefore have (a) the right to cancel the order without any reimbursement taking place or (b) the right to add new products to the order by increasing the total amount due to KmEdizioni, without having to communicate your credit card details again.
23.- The information relating to the buyer’s credit card is transmitted via secure connection directly to the website of the bank that manages the transaction. In ways that comply with applicable industry regulations, this information is used to proceed with payment transactions, in the manner specified in the previous article.
24.- KmEdizioni reserves the right to request at any time from the Customer additional information (eg. The landline telephone number) necessary for the execution of the Purchase Agreement or the sending of copies of documents proving the ownership of the card of credit used to finalize the Purchase Agreement. In the absence of the Customer sending the information or further documentation requested, KmEdizioni reserves the right not to accept the order or to withdraw from the Purchase Agreement finalized if the failure to send the requested information does not allow execution of the order or of the Contract, giving simultaneous reasoned communication to the Customer at the e-mail address indicated by him. The provisions of articles 22, 23 and 24 of this section apply, where compatible, also to payment methods with PAY PAL.
Payments with PayPal
- – If the Customer chooses PayPal as the payment method, he will be redirected to the www.paypal.it site where he will pay the products according to the procedure provided for and regulated by PayPal. The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with KmEdizioni.
- – In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the refund amount will be credited to the Customer’s PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, KmEdizioni cannot be held responsible for any delays or omissions in crediting the customer with the refund amount, to dispute which the Customer must contact PayPal directly.
Deliveries and documentation
27.- All product deliveries will be at risk of KmEdizioni. The risk will be transferred to the Customer upon delivery of the products to the Customer, or to a third party designated by the shipper, the carrier or another agent appointed by KmEdizioni for delivery.
28.- KmEdizioni can receive, through the Website, purchase orders with deliveries all over the world. The shipping costs will be calculated automatically from the Site and will be viewable and knowable by the Customer before sending the order.
29.- Without prejudice to the provisions of article 17 above, no responsibility, for any reason, may be charged by the Customer to KmEdizioni in case of delay in the order or delivery of the products covered by the determined Purchase Contracts from causes not attributable to the conduct of KmEdizioni.
30.- For each Purchase Agreement finalized through the Website, KmEdizioni will issue a delivery note (DDT) or, for those Customers (non-consumers) who have and have entered their VAT number in the personal data relating to the order, an invoice for the products that will be shipped. The voucher or invoice will be sent by KmEdizioni to the e-mail address indicated by the Customer, holder of the order, pursuant to Article 14 of the D.P.R. 445/2000 and D.L. 52/2004. For the issuance of the invoice, the information provided by the Customer when ordering will be used. No change in the invoice will be possible after the issuance thereof nor will it be possible to issue an invoice after the order has been processed to Customers who have not provided their VAT number at the time of the order.
31.- Upon delivery of the products by the courier appointed by KmEdizioni, the Customer is required to check (a) that the number of packages delivered corresponds to what is indicated in the transport document and (b) that the packaging is intact, not damaged or otherwise altered, even in the closing materials.
32.- Any damage to the packaging and / or to the products or the mismatch in the number of packages or indications must be immediately contested by the Customer, affixing the word “ACCEPTED WITH RESERVE” on the courier’s delivery receipt. Furthermore, the Customer undertakes to report promptly – and in any case not later than 8 (eight) days from the date of delivery – to KmEdizioni (by sending a message via the “Contacts” page) any and all problems relating to physical integrity, to the correspondence or completeness of the products received For the Consumer Customer, the terms of article 39 and following of these General Conditions will apply.
33.- In order to deliver the ordered products, the presence of the Customer or his representative is always required in the place indicated by the same and on the day of expected delivery. In the absence of the Customer (or his representative), the courier will leave a second delivery notice for the next working day and a telephone number in order to agree on a different delivery date. If the second delivery attempt does not go well, the purchase order is considered canceled and the products will return to the KmEdizioni warehouses. In this latter case, KmEdizioni will reimburse the Customer, if he has made the payment by credit card, the price of the undelivered products as well as the shipping cost within 5 days from the return of the products in stock and the relevant Purchase Agreement will be automatically and definitively annulled, excluding any further mutual claim, for any reason.
34.- Cases of force majeure, unavailability of means of transport, as well as unforeseeable or unavoidable events that cause a delay in deliveries or make deliveries difficult or impossible or that cause a significant increase in the cost of delivery charged to KmEdizioni will give KmEdizioni rights to split, postpone or cancel, in whole or in part, the expected delivery or to terminate the Purchase Agreement. In these cases, KmEdizioni will provide timely and adequate communication of its determinations to the e-mail address indicated by the Customer and the latter will be entitled to a refund of any price already paid, excluding any further claim, in any capacity, against KmEdizioni.
Right of withdrawal
35.- The Consumer Customer is entitled to withdraw from the Purchase Agreement exclusively for reasons of damage to the packaging and / or products or the mismatch in the number of packages.
36.- In the event that the Consumer Customer intends to exercise the right of withdrawal, he must communicate to KmEdizioni by e-mail the reasons for this withdrawal.
37.- The return must be made by the Customer, through the shipment of the products covered by the withdrawal, by courier of his choice. The products must be shipped, no later than 14 days from the date on which the Customer communicated his decision to withdraw from the contract at the following address: Km Edizioni, Via Pietro Francavilla 11, 50142 Florence, Italy. The direct costs of returning the goods will be charged to the Customer.
38.-For the valid exercise of the aforementioned right of withdrawal, the Consumer Customer must comply with the following conditions and methods:
- the withdrawal can also be applied limitedly to single products forming the subject of a single Purchase Contract, without prejudice to the fact that the withdrawal applies to the product in its entirety and that is, the Consumer Customer cannot exercise the withdrawal limited to a part of the single product purchased;
- the products forming the subject of Purchase Contracts in relation to which the Consumer Customer has exercised the right of withdrawal must be intact and will be returned in the original packaging, complete in all its parts (including the packaging and any documentation accessory);
- in compliance with the instructions received from KmEdizioni, the Consumer Customer will, in his own exclusive charge and care in the case of withdrawal for defective or non-compliant product, ship and return the products to KmEdizioni;
- if the returned product is damaged during transport, KmEdizioni will only be required to notify the Consumer Customer of what happened in order to allow him to file a timely complaint against the courier chosen by him, against whom (and / or the relative insurance company) to make claims.
39.- KmEdizioni is not responsible in any way for theft or loss of returned products; any related risk therefore remains the sole responsibility of the Consumer Customer.
40.- Once the integrity of the returned product has been verified, KmEdizioni will reimburse the Consumer Customer the full amount paid for the products referred to in the Purchase Agreement subject to withdrawal as well as any shipping costs incurred within 14 days from the return of the products themselves or from the date on which the Consumer Customer has shown that he has returned the Products, whichever situation occurs first. In case of damage to returned products The Consumer Customer is only 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 functioning of the goods within the limits of the provisions of Article 57 , paragraph 2, of the Consumer Code. The Consumer Customer expressly consents to the aforementioned refunds being made by transferring the amount charged to the Credit Card indicated by the Consumer Customer or by Bank Transfer, in accordance with the correlative instructions and bank details which will be indicated by the same Consumer Customer.
Legal guarantee of conformity
41.- Until the end of two years from the delivery of the products, KmEdizioni is liable to the Consumer Customers, in accordance with the art. 130 and 132 of the Consumer Code, of any lack of conformity of the products existing at the time of delivery, with particular regard to the products resulting defective or damaged.
42.- The Consumer Customer loses the rights granted to him by the art. 130, paragraph 2, of the Consumer Code if the defect of conformity detected within 2 (two) months from the date on which the defect was discovered is not reported to KmEdizioni.
43.- KmEdizioni will make every diligent effort to replace at its own expense, with other products of the same quality and title available at its stores, those products delivered that are damaged or defective, provided that they have been returned by the Customer in the original packaging (complete with all the parts that compose it). If the replacement with the same product is not possible (for example, due to the out-of-catalog output of the product), KmEdizioni will reimburse the customer the amount paid for the product resulting defective, excluding any further liability of KmEdizioni, to any title.
Communications and Complaints
44.- All communications or complaints made by the Customer against KmEdizioni relating to the Purchase Contracts must be communicated via e-mail to the address in the Contacts area of the Website www.kmedizioni.com.
Intellectual property rights
45.- All trademarks (registered or not), as well as any and all intellectual property, distinctive sign or name, image, photograph, written or graphic text and more generally any other intangible asset protected by international laws and conventions with regard to intellectual property and industrial property reproduced on the Site, they remain the exclusive property of KmEdizioni and / or its assignors, without giving the Customer any rights to them as a result of access to the Site and / or the stipulation of the Purchase Agreements. Any use, even partial, of these is prohibited without the prior written authorization of KmEdizioni, in favor of which all the relative rights are exclusively reserved.
Applicable law – Jurisdiction
46.- The Purchase Agreement between the Customer and KmEdizioni is intended to be concluded in Italy and governed by Italian law.
47.- For any controversy the Judicial Authority of Florence will be exclusively competent, with the exception of disputes with Consumer Customers which will instead be the competence of the Judicial Authority of the place of residence or domicile of the Consumer Customer.
Processing of personal data (privacy)
48.- For the discipline of the processing of personal data by KmEdizioni, please refer to the dedicated area of the site.
Out-of-court settlement of disputes and Code of Ethics
- – The Consumer Customer has the faculty to promote the extra-judicial resolution of the disputes inherent to the relationship of consumption in the bodies established by the chambers of commerce, industry and agriculture pursuant to the law of December 29th 1993, n. 580 as well as to resort to mediation procedures pursuant to Legislative Decree 28/2010 and subsequent amendments, under the conditions set by the body chosen by the Customer who will administer this procedure. The possibility of using the voluntary and equal negotiation procedures provided by the art. 2, paragraph 2, of the aforementioned legislative decree, as well as the complaint procedures provided by the service cards.