GENERAL CONDITIONS OF SALE
General Conditions of Use and Sale
I) GENERAL CONDITIONS OF USE
We invite you to carefully read these general conditions of use (“General Conditions of Use”)
ELECTRONIC COMMUNICATIONS
When you use the KINTSUGI Services or send us emails, you communicate with us electronically. We will communicate with you by email or by posting notices on the site you agree to receive communications from us in electronic form and you acknowledge that all contracts, notifications, disclosures and other communications they provide to you in electronic form meet the requirement of written form , when required by law.
COPYRIGHT AND DATABASE RIGHTS
All content on or made available through the KINTSUGI Services in the form of text, graphics, logos, icon buttons, images, audio files, digital downloads, data collections and software, are the property of KINTSUGI or its content providers and are protected by copyright and database rights laws. The list of all content on or made available through the KINTSUGI Services is exclusive to KINTSUGI.
It is not permitted to systematically extract and / or reuse parts of the KINTSUGI Services without the express written consent of KINTSUGI. In particular, you are not permitted to use data mining, robots or similar mining or mining devices (one or more times) to reuse any substantial portion of any KINTSUGI Services, without our express written consent. You may not create and / or publish your own database that reproduces substantial parts (e.g. pricing and product lists) of the KINTSUGI Services without the express written consent of KINTSUGI.
YOUR ACCOUNT
If you use the KINTSUGI Services, you are required to keep your account and password confidential and to control access to your computer, and accept, to the extent permitted by applicable legal provisions, to be held responsible for all activities that will be carried out with your account and password. You are responsible for ensuring that the information you provide to us is correct and complete and to immediately notify us of any changes to the information you have provided to us. You will be able to access and update most of the information provided in the section of the site.
We reserve the right to prevent access to the site and / or the KINTSUGI Services, to suspend or close an account, to remove or modify the contents of the site at our discretion, in case of violation of the applicable legal provisions, of these Conditions. General Use or applicable guidelines or policies.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
You are allowed to post reviews, comments and other content, comments, questions or other information, as long as the content is not unlawful (i.e. obscene, abusive, intimidating, defamatory, does not violate privacy, intellectual property rights or otherwise offensive to KINTSUGI and / or third parties or objectionable or any other form of spamming). You will not be able to use a false e-mail address, pretend to be another person or subject. We reserve the right to remove or modify such content. If you believe that a content, or a sales advertisement published on the site or used as part of the KINTSUGI Services, contains a defamatory statement, please let us know we will promptly do so.
VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS
KINTSUGI respects the intellectual property rights of third parties.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Use are regulated and must be interpreted in accordance with Italian laws.
WAIVER
In the event of your failure to comply with these General Conditions of Use, our failure to exercise the right to act against you does not represent our waiver of action for the violation of the obligations you have assumed.
MINORS We do not sell products to minors. We sell children’s products that can only be purchased by adults. If you are under the age of 18, you can only use the KINTSUGI Services with the involvement of a parent or guardian.
OUR CONTRACT
The display of the KINTSUGI Services on the virtual showcase of the site constitutes an invitation to offer.
If you want to buy one or more products shown on the site, you can select them one at a time, adding them to your cart. Once you have selected all the items you intend to purchase, you can close your cart and submit the order. At this point you will see a summary page of the products you have selected, their price and the delivery options (with related costs). You will be prompted to choose your preferred delivery, transport and payment method.
At the top of the same page, you will find the “Order” button, which you will need to click to send us the order.
Your order will then be considered as your contractual purchase proposal addressed to KINTSUGI for the listed products, each considered individually. Upon receipt of your order, we will automatically send you an e-mail confirming the order itself (“Order Confirmation E-mail”) which, however, does not constitute acceptance of your purchase proposal. By sending the Order Confirmation E-mail, in fact, we only confirm that you have received the order and have submitted it to the data verification process and the availability of the products you requested. The sales contract with KINTSUGI will be concluded only when we send you a separate e-mail accepting your purchase proposal which will also contain information relating to the shipment of the product and the expected date of delivery (“Confirmation E-mail Shipment”). You agree to receive invoices electronically. The issuance of the electronic invoice relating to an order will be communicated to you in the e-mail
RIGHT OF WITHDRAWAL, EXCEPTIONS AND RETURN POLICIES
Subject to the exceptions indicated below, you have the right to withdraw from the order placed, without giving any reasons, within 10 days from the day you received the ordered product.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply in case of:
– supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and that have been opened after delivery or used or in the case of supply of products that are, after delivery, inseparably mixed with other goods ;
– supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
– supply of goods made to measure or clearly personalized;
supply of goods that are liable to deteriorate or expire rapidly;
PRICES AND AVAILABILITY
All prices are inclusive of VAT applicable by law.
Information on the availability of the products we sell is listed on the site, as well as on the presentation page of each product. In addition to the information provided on this page or elsewhere on the site, we are unable to give more precise information regarding the availability of products. Please consider that the estimated times for sending and delivering the products are purely indicative and it is not possible to fully rely on them. Once we have received your order, we will notify you by email if any of the products you have ordered are not available.
Despite all our efforts, we cannot exclude that for a small part of the products in our catalog a different price from the actual one is indicated by mistake. In any case, we will check the correctness of product prices during the order verification process and subsequent shipment of the products. If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct selling price of a product, we will contact you to check whether you still want to purchase the product at the correct price. Otherwise your order will not be accepted. If the correct price of a product is lower than that indicated on the site, we will only charge you the correct lower price and we will ship the product to you anyway.
WARRANTIES ON PRODUCTS SOLD BY KINTSUGIHAIR.IT AND LIMITATIONS OF LIABILITY
The warranty regime on products sold by KINTSUGI differs according to whether the buyer is a “consumer” or a “professional” pursuant to Directive 1999/44 / EC concerning “certain aspects of sales contracts and guarantees concerning consumer goods “.
If you buy as a “consumer”, you benefit from the legal guarantee of conformity to which the seller is required by law on all goods sold (“Legal Guarantee”).
The Legal Guarantee guarantees the goods against conformity defects with respect to the sales contract.
Pursuant to the law, in case of applicability of the Legal Guarantee, you will have the right to restore the conformity of the goods free of charge by repair or replacement, or, if this is not possible, to a reduction in the purchase price or termination of the contract. In any case, you will have the burden of reporting the lack of conformity within two months of its discovery.We will also not be liable in the event of insubstantial differences between the goods purchased and their illustrative images and text descriptions published on our site. Except in the case of willful misconduct or gross negligence, we are solely responsible for any direct and foreseeable damage at the time of the conclusion of the sales contract. We will therefore not be liable for any losses suffered, loss of earnings or any other damage that is not an immediate and direct consequence of our breach or that was not foreseeable at the time of the conclusion of the sales contract. KINTSUGI is in no way responsible for the fulfillment of the obligations borne by third parties who may offer commercial guarantees in relation to the products for sale on the site.
APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are regulated and must be interpreted in accordance with Italian laws
CHANGES TO THE GENERAL CONDITIONS OF SALE
We reserve the right to modify the site, policies and these General Conditions of Sale at any time
WAIVER
In the event of your breach of these General Conditions of Sale, our failure to exercise the right to act against you does not represent our waiver of action for the breach of commitments undertaken by you.
MINORS
We do not sell products to minors. We sell children’s products that can only be purchased by adults.