Identification of the Supplier
The goods subject to these general terms and conditions are offered for sale by NXD srl with headquarters in via Teofilo Torri 12/14 - 52100 Arezzo, registered at the Chamber of Commerce of Arezzo, the REA AR-200635, Part.VAT IT02332600515 , hereafter referred to as “Supplier”.
Address: via Teofilo Torri 12/14 - 52100 Arezzo
Phone: (+39) 351 849 2133
Web site: www.kissneakers.it (alias www.kissneakers.com, www.kissbaskets.fr)
1.1. The term “on line sale contract” means the contract of sale relating to movable tangible property of the Supplier, stipulated between the supplier and the Purchaser in the context of a system of remote sales through telematic instruments, organized by the Supplier.
1.2. With the expression “Buyer” means the consumer as a natural person who makes the purchase, referred to in this agreement, for purposes not related to commercial or professional activity eventually carried out.
1.3. With the expression “Supplier” means the person named in the inscription that the subject provider of information services.
2) Object of the contract
2.1. With the present contract respectively the Supplier sells and the Purchaser purchases remotely via telematic means, of the tangible movable property indicated and offered for sale on this web Site.
2.2. The products referred to above are shown in the web page of this site.
3) stipulation of the contract
3.1. The contract between the Supplier and the Buyer concludes exclusively through the Internet by accessing the Purchaser at the address of this web site (indicated in the contact data at the beginning of the page), where, following the indicated procedures, the Buyer will formalize the proposal for the purchase of goods the contract for the purchase of the goods referred to in point 2.1 of the previous article.
4) Conclusion and effectiveness of agreement
4.1. The purchase contract is concluded through the exact compilation of the request form and consent to purchase expressed by the accession sent online or by filling out the form attached to the online catalog of page-checkout of this website and the subsequent submission of the form/module, always after viewing a web page with the order summary, printable, which shows the details of the payer and the order, the price of the goods purchased, shipping costs and any additional charges, the mode and terms of payment, the address where the goods will be delivered, the delivery time and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Purchaser shall send an e-mail confirmation or viewing a web page confirmation and order summary, printable, which are also reported the data mentioned in the previous point.
4.3. The contract is deemed not perfected and effective between the parties at fault as indicated in the previous point.
5) Mode of payment and refund
5.1. Each payment made by the Purchaser may be made only through one of the methods indicated in the web page by the Supplier.
5.2. Any reimbursement to the Purchaser will be credited through one of the methods proposed by the Supplier and chosen by the Purchaser, in a timely manner and, in the case of the exercise of the right of withdrawal, as governed by art. 13, point 2 and following of this contract, within a maximum of 30 days from the date on which the Supplier came to the knowledge of the withdrawal itself.
5.3. All communications relating to payments are made on a special line of the Supplier protected by encryption system. The Supplier guarantees the memorization of these information with an additional level of security and encryption in accordance with the provisions of the law on protection of personal data.
6) Timing and mode of delivery
6.1. The Supplier will deliver the products selected and ordered, in the manner chosen by the Purchaser or indicated on the website at the time of the offering of the asset, as confirmed in the e-mail received by the purchaser at the time of the order.
6.2. The delivery times can vary from same day of the order to a maximum of 7 working days from the confirmation of the same. In the event that the Supplier is not able to make the shipment within that period but, in any event, within the one indicated in the following point, it will be given timely notice by e-mail to the Buyer.
6.3. The manner, timing and actual costs of shipping are indicated at the time of purchase.
7.1. All sale prices of products displayed and indicated within this Website are expressed in euros and constitute an offer to the public pursuant to art. 1336 c.c.
7.2. The sale prices referred to in the previous point include VAT and any other tax. The cost of shipping and any additional charges (e.g. customs clearance), if present, albeit not included in the purchase price, must be indicated and calculated in the purchase procedure before submission of the order by the Buyer and also contained in the web page summary of your order.
7.3. The prices indicated in correspondence to each of the goods offered to the public are valid until the date indicated in the catalog.
8) Availability of products
8.1. The Supplier assures through the electronic system used processing and delivery of orders without delay. For this purpose shows in real time, in its electronic catalog, the number of products available and non-available and shipping times.
8.2. If an order exceeds the quantity existing in the warehouse, the Supplier, via e-mail, will make known to the Buyer if the property is no longer bookable or what are the waiting times to get well chosen, asking whether it intends to confirm the order or not.
8.3. The Supplier's computer system confirms as soon as possible the successful registration of the order by sending the User a confirmation e-mail, in accordance with point 4.2.
9) Limitations of liability
9.1. The Supplier does not assume any responsibility for inefficiencies attributable to causes of force majeure in the case fails to execute the order in the times foreseen by the contract.
9.2. The Supplier shall not be liable to the Purchaser, except in the case of willful misconduct or gross negligence, for outages or malfunctions related to the use of the Internet outside of its control or its subcontractors.
9.3. The Supplier will not be liable for any damages, losses and costs suffered by the Purchaser as a result of the failure to perform the contract for causes not imputable to him, the Purchaser is only entitled to a full refund of the price paid and any accessory costs incurred.
9.4. The Provider assumes no responsibility for the possible fraudulent and illicit use which may be made by third parties, credit cards, cheques and other means of payment, for the payment of the products purchased, if he proves that he adopted all possible precautions based on the best knowledge and experience of the moment and by ordinary diligence.
9.5. In no event shall the Purchaser be liable for delays or mistakes in the payment if he proves that he executed the payment on time and in the manner specified by the Supplier.
10) Responsibility for defects, proof of damage and refundable damages: obligations of the Supplier
10.1. Pursuant to art. 114 and following of the consumer Code, the Supplier is liable for damage caused by defects of goods sold if he fails to notify the Damaged, within the period of 3 months from the request, the identity and address of the manufacturer or of the person who has provided the good.
10.2. The above mentioned request by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; must also contain the offer in view of the product, if it still exists.
10.3. The Supplier will not be held responsible for consequences deriving from a defective product if the defect is due to compliance of the product, to a mandatory legal rule or a binding measure, or if the state of scientific and technical knowledge at the time when the producer put the product into circulation, did not allow even consider the defective product.
10.4. No compensation will be payable if the injured party was aware of the defect of the product and the danger entailed by it and yet there has voluntarily exposed.
10.5. In each case, the victim must prove the defect, the damage and the causal connection between the defect and the damage.
10.6. The victim may claim compensation of damages caused by death or by personal injuries or the destruction or deterioration of a thing other than the defective product, provided that they are of a type ordinarily intended for private use or consumption and thus mainly used by Damaged.
10.7. The damage referred to in art. 123 of the consumer Code will, however, compensated only to the extent that exceeds the sum of three hundred eighty seven euro (€ 387).
11) Warranties and service mode
11.1. The Supplier is liable for any lack of conformity which becomes apparent within the period of 2 years from delivery of the goods.
11.2. For the purposes of this contract, it is assumed that the consumer goods conform to the contract if, where pertinent, the following circumstances exist: (a) are fit for the normal use of goods of the same type; (b) comply with the description given by the Seller and possess the qualities of goods which the Seller presented to the Consumer as a sample or model; c) show the quality and performance which are normal in goods of the same type and which the Consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, public statements on the specific characteristics of the goods made about them by the Seller, the producer or his agent or representative, particularly in advertising or on labelling; d) are also suitable for the particular use desired by the Consumer, and that it was from these made known to the Seller at the time of conclusion of the contract and which the Seller has accepted, also conclusive facts.
11.3. The Buyer loses all rights if it does not inform the Seller of the lack of conformity within 2 months from the date on which the defect was discovered. The complaint is not required if the Seller has acknowledged the existence of the defect or has concealed it.
11.4. In any case, unless evidence to the contrary, it is assumed that the conformity defects that occur within 6 months from the delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or the nature of the defect compliance.
11.5. In the case of lack of conformity, the Buyer may request, alternatively and without costs under the conditions described below, the repair or replacement of the purchased goods, a reduction of the purchase price or the termination of this agreement, unless the request not objectively impossible to satisfy or it is prohibitively expensive for the Supplier pursuant to art. 130, paragraph 4, of the Code of consumption.
11.6. The request must be made in written form, by registered mail A. R., to the Supplier, which will indicate its willingness to act on the request, or the reasons that prevent him to do so, within 7 working days of receipt.
In the same communication, where the Supplier has accepted the Purchaser's request, shall indicate the mode of shipment or return of the goods, and the deadline for the return or replacement of the defective goods.
11.7. If repair and replacement are impossible or excessively expensive, or the Supplier has failed to repair or replace the goods within the period referred to in the previous point or, finally, replacement or repair carried out previously have caused significant inconvenience to the Buyer, these may request, at its option, an appropriate reduction of price or termination of the contract. The Purchaser shall in this case submit their request to the Supplier, which will indicate its willingness to act on the same, or the reasons that prevent him to do so, within 7 working days of receipt.
11.8. In the same communication, where the Supplier has accepted the Purchaser's request, shall indicate the proposed price reduction or the return of the defective goods. In such cases will be responsibility of the Buyer to indicate the methods for crediting the sums previously paid to the Supplier.
12) Obligations of the Buyer
12.1. The Purchaser undertakes to pay the price of the goods purchased in the time and manner specified in the contract.
12.2. The Purchaser undertakes, once concluded the online purchase procedure, to print and keep this contract.
12.3. The information contained in this contract were, however, already examined and accepted by the Buyer, who acknowledges, as this step is mandatory before purchase confirmation.
13) Right of withdrawal
13.1. The Buyer has the right to terminate the contract, without any penalty and without specifying the reason, within the term of 14 (fourteen) working days from the day of receipt of the goods purchased.
13.2. In the case where the trader has failed to fulfil the obligations of information on the existence, methods and timing for the return or collection of the goods in the case of the exercise of the right of withdrawal referred to in art. 52 of the consumer Code, the deadline for the exercise of the right of withdrawal is 12 (twelve) months from the end of the initial withdrawal period and shall commence from the day of receipt of the goods by the Consumer.
13.3. In case the Buyer decides to exercise the right of withdrawal, he must notify the Seller by registered letter A. R., addressed to the company owner of this Site (as indicated in the contact data at the beginning of the page) or via electronic mail to the e-mail address of the company (indicated in the contact data at the beginning of the page) as long as such communications are confirmed by the sending of a registered letter A. R. within forty-eight (48) hours. The Parties will accept the stamp of the post office on the receipt issued. For the purposes of the exercise of the right of withdrawal, the communication may be validly replaced by the return of the purchased goods, provided that they are in the same terms. Will faith between the Parties, the date of delivery to the post office or the forwarder.
13.4. The return of the goods must be made within 30 (thirty) days from the date of receipt of the asset. In any case, to have the right to a full refund of the price paid, the goods must be returned undamaged and in normal condition.
13.6. The only expenses due from the Consumer for the exercise of the right of withdrawal pursuant to this article are the direct cost of returning the goods to the Supplier unless the Supplier doesn't accept to saddle.
13.7. The Supplier will provide free of charge to refund the entire amount paid by the Purchaser within the term of 30 (thirty) days from the receipt of the notice of withdrawal.
13.8. With the receipt of the notice with which the Buyer communicates the exercise of the right of withdrawal, the Parties to this contract are dissolved by mutual obligations, except as provided in paragraphs of this article.
14) Causes of resolution
14.1. The obligations referred to in paragraph 12.1, assumed by the Buyer, as well as the guarantee of successful payment that the Buyer makes with the means referred to in point 5.1, and also the exact fulfillment of the obligations undertaken by the Supplier in paragraph 6 are essential, so that, by express agreement, the failure of any one of these obligations, if not determined by unforeseeable circumstances or force majeure, will result in the resolution of contract law ex art. 1456 c.c., without necessity of judicial decision.
15) Protection of confidentiality and handling of Purchaser's data
15.1. The Supplier protects the privacy of its customers and ensures that the processing of data in accordance with the regulations on privacy referred to in d.lgs. 30 June 2003, n. 1961.
15.2. The personal and fiscal data acquired directly and/or through third parties, are collected and processed in printed, computing and telematic, in relation to the mode of treatment for the purpose of registering the order and activating the procedures for the execution of the present contract and the relative necessary communications, as well as the fulfillment of the law obligations, as well as to allow efficient management of commercial relations to the extent necessary to perform the best service requested (art. 24, paragraph 1, letter b, d.lgs. 196/2003)2.
15.3. The Supplier undertakes to treat with confidentiality the data and information submitted by the Buyer and not disclose to unauthorized persons, nor use them for purposes other than those for which they were collected or to transmit them to third parties. These data may be exhibited only upon request of judicial Authorities or of other authorities authorized by law.
15.4. The personal data will be disclosed after signing of a commitment to confidentiality of the data, only to parties delegated to carry out activities necessary for the execution of the contract and communicated exclusively for this purpose.
15.5. The Buyer enjoys the rights referred to in art. 7 of d.lgs. 196/2003, namely the right to obtain:
- a) the updating, rectification or, when interested, integration of data;
- b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose conservation is not necessary in relation to the purposes for which the data were collected or subsequently processed;
- c) the attestation that the operations referred to in letters a) and b) have been notified, also as regards their content, of those to whom the data were communicated or disseminated, excepted the case in which such fulfillment proves impossible or involves a use of means manifestly disproportionate to the protected right. The person concerned also has the right to oppose, in whole or in part: i) for legitimate reasons the processing of personal data concerning him, even if pertinent to the purpose of collection; (ii) the processing of personal data concerning him for purposes of sending advertising materials or direct selling or for carrying market research or commercial communication.
15.6. The communication of personal data by the Purchaser is a necessary condition for the correct and timely execution of this contract. Failing that, can not be given on the request of the Purchaser.
15.7. In any case, the data collected will be kept for a period of time not exceeding that necessary for the purposes for which they were collected or subsequently processed. The removal will happen in a safe manner.
15.8. The owner of the collection and processing of personal data is the Supplier, to whom the Purchaser may direct, at corporate headquarters, every request.
15.9. Everything should be sent to the e-mail (including electronic) of the Supplier (requests, suggestions, ideas, information, materials, etc) will not be considered information or data of a confidential nature, must not violate the rights of others and must contain valid information, not violate the rights of others and factual, in any case can not be attributed to the Supplier no responsibility for the content of the messages themselves.
16) storage of the contract
16.1. Pursuant to art. 12 d.lgs. 70/2003, the Supplier informs the Buyer that every order sent is stored in digital/paper form on the server/at the registered office of the Supplier according to criteria of confidentiality and security.
17) Communications and complaints
17.1. Direct written communications to the Supplier and any complaints will be considered valid only if sent to the following address of the company (present at the end of the page), or transmitted via fax to the fax number of the company (present at the end of the page) or sent via e-mail to the address of the company (present at the end of the page). The Purchaser indicates in the registration form his residence or domicile, telephone number or e-mail address to which you wish to be sent notices of the Supplier.
18) settlement of disputes
18.1. Any dispute relating to the validity, effectiveness, interpretation or execution of each Contract as well as, in general, relative to the navigation of the Site by the Customer-Consumer or the use of any functionality made available to the Customer-Consumer through the site, shall be subject to a conciliation attempt which will take place through the european platform for Online Dispute Resolution”(cd. ODR) can be consulted at the address http://ec.europa.eu/consumers/odr. Through the ODR platform, consumers can send a complaint relating to a contract concluded online with the company is the owner of this Site (as indicated in the contact data at the beginning of the page) and activate the procedure for the online resolution of the dispute. The e-mail address of the dealer to insert in the complaint is indicated in the data of the end of the page.
18.2. All disputes arising from this contract will be referred to the Chamber of Commerce of Arezzo and resolved according to the conciliation Rules adopted by it.
18.3. If the Parties intend to refer the matter to the ordinary judicial Authority, the competent court is that of the place of residence or elective domicile of the Consumer, mandatory pursuant to art. 33, paragraph 2, letter u) of the d.lgs. 206/2005.
19) applicable Law and reference
19.1. The present contract is regulated by Italian law.
19.2. For what here not expressly provided, apply the rules of law applicable to the relations and circumstances provided for in this agreement, and in particular the art. 5 of the Rome Convention of 1980.
19.3. Pursuant to art. 60 d.lgs. 206/2005, is expressly invoked the provisions contained in Part III, Title III, Chapter I of d.lgs. 206/2005.
20) final Clause
This contract repeals and replaces any agreement, understanding, negotiation, written or oral, speaking in advance between the Parties concerning the subject matter of this agreement.
1 the Requirements of the privacy Guarantor – art. 154, 1 c), d.lgs. 196/2003 – Simplifications of certain obligations in the public and private than in treatments for administrative and accounting purposes on 19 June 2008, published in the Official Journal of 1 July 2008, no. 152.
2 general Measure of the Guarantor for the protection of personal data practical Guide to simplification measures for small and medium-sized enterprises of 24 may 2007, published in the Official Journal on 21 June 2007, no. 142.
3 “Unless it has been appointed by the Company, a person in Mr ”.