CONDITIONS OF SALE
please be informed that these Conditions of Sale regulate the terms and conditions of the purchase of products shown in the following site ('Products'):
kosmosstore.com ('Site'), managed by Eleven s.r.l. (Vat IT02097710228) having its registered office in Via G. Manci 75, 38122 Trento, Italy.
These Conditions of Sale form an integral part of each purchase agreement of any Product and shall be integrally accepted by the Customer before the transmission of each single order, as below defined in article 1 ('Order').
Eleven s.r.l. shall be entitled to amend these Conditions of Sale. The possible new Conditions of Sale shall be effective from their issuance on the Site and shall be applicable on all Orders transmitted from that moment on, while for the Orders which have already been transmitted the previous Conditions of Sale shall apply.
1. SCOPE AND DEFINITIONS
1.1 These Conditions of Sale shall apply to all Orders bearing the purchase of the Products transmitted by the Customer to the Supplier through the Site.
1.2 For the purposes of these Conditions of Sale the following terms shall have the following meaning:
- 'Supplier': Eleven s.r.l. - Unipersonale, VAT IT02097710228, Via G. Manci 75, 38122 Trento - Italy, internet address: kosmosstore.com, e-mail: [email protected];
- 'Consumer': any natural person who is acting for purposes which are outside his trade, business or profession;
- 'Professional': any natural or legal person who is acting for purposes related to his trade, business or profession, or his intermediary;
- 'Customer': consumer;
- 'Order': the order transmitted by the Customer to the Supplier for the purchase of the Products, according to article 5 of these Conditions of Sale;
- 'Purchase Agreement': any purchase agreement executed between the Supplier and the Customer and bearing the purchase of the Products, according to article 5 of these Conditions of Sale;
- 'Consumer Code': the Italian legislative decree no. 206 of September 6th 2006.
2.1 With the e-commerce service provided for by this Site, the Supplier makes available to the Customer a virtual shelf from which it is possible to inspect and purchase the Products therein shown, according to the terms and conditions herewith provided.
2.2 The Customer logging into the Site may inspect the e-catalog and the Supplier’s offers, but he is entitled to purchase the Products only upon the following conditions :
a) registration to the Site kosmosstore.com, if not already registered; b) log in to the Site kosmosstore.com after identification through the User-ID and the password released by the Supplier at registration; c) acceptance of these Conditions of Sale.
2.3 Only Consumers, and not Professionals, are allowed to purchase the Products through the Site.
3.1 Prices applied to the Products are those shown during the shopping chart procedure at the transmission of the Order to the Supplier ('Prices'). Except otherwise provided for in writing, all prices shall be deemed 'V.A.T. included' and in Euro currency.
3.2 The Supplier shall be entitled to amend, at its sole discretion, the Prices also several times during the same day, without prior notice, being however understood that the new Prices shall not apply to Orders already transmitted by the Customer to the Supplier.
4.1 The payment of the Prices shall be by credit card. The payment by credit card (accepted credit cards: Visa, Mastercard, Maestro, PayPal, Carta Aura, PostePay and American Express) shall be performed by the SSB (@POS) payment gateway and by the PayPal or Stripe systems, which grant security, secrecy and accuracy of transactions.
4.2 The Customer is informed that the Supplier, after due checks, withdrawals the sum equal to the Price on the same date of the Order execution and that, therefore, the payment is executed only in that moment. In this way the Customer has certainty that withdrawals are not executed before the Order execution, in case of lack of Products or delayed execution of the Order, for causes beyond the Supplier’s control.
4.3 Eleven s.r.l. reserves the right to cancel items from any kind of order that are sold out.
5. EXECUTION OF THE PURCHASE AGREEMENT
5.1 The Purchase Agreement shall be executed according to the terms and conditions provided for in this article 5 and upon condition that the Customer duly performed the Order transmission procedure provided for in the Site – E-Commerce Area.
5.2 The show of the Products on the Site constitutes a mere invitation to offer by the Supplier to the Customers and, therefore, is not binding for the Supplier, or constitutes a public offer, as per article 1336 of the Italian Civil Code.
5.3 Receipt of the Customer’s Order by the Supplier shall not imply any obligation for the Supplier to accept it.
5.4 The Customer’s proposals shall be deemed as an irrevocable proposal according to article 1329 of the Italian civil code, to which the Customer shall be bound for ten (10) days after its receipt by the Supplier. Within such ten days the Supplier, at its sole discretion, shall inform the Customer about its integral acceptance or refusal of the Order.
5.5 For instance and without any limitation, the Supplier shall be entitled to refuse any Order because of unavailability of Products ordered or in case the Products have to be delivered outside the Italian territory.
5.6 It is understood that, in case of refusal of the Order by the Supplier, the Customer shall not be entitled to any claim towards the Supplier, for whatever cause.
5.7 The Order shall be deemed accepted by the Supplier and, therefore, the Purchase Agreement executed, when the Customer receives in its own e-mail box the acceptance of the Order ('Order Confirmation').
5.8 According to article 53 of the Consumer Code, the Order Confirmation shall, also, provide for all information listed in article 52 of the Consumer Code.
5.9 The Customer, using the function of its e-mail program, may save and/or print and, in any, case store, the Order Confirmation, as it contains all information bearing the Order and these Conditions of Sale.
5.10 Moreover, the Customer may store copy of these Conditions of Sale, and all other documents constituting the Purchase Agreement using the functions of its own browser (ex.: 'FILE' → 'SAVE') or downloading and storing these Conditions of Sale.
6.1 The Supplier delivers the Products to the Customers using selected couriers and/or mail services.
6.2 The transport costs and risks shall be integrally borne by the Customers. Any eventual custom fees are charged to the recipient. If a parcel is not withdrawn any eventual import or shipping fees related to the return will be deducted from any eventual refund.
6.3 At receipt of the Products at the address indicated by the Customer in the Order, the Customer shall verify the Products and the quality and quantity compliance with the transport documents. In case of discrepancies and/or non-compliance the Customer shall note them in the transport documents (ex.: waybill, etc.), subpoena of loss of right.
7. ESTIMATED DELIVERY TERMS
The effective delivery time depends on the destination to which the Products have to be delivered. The estimated delivery terms accrue from the date of the Order shipping and are just indicative.
8. RIGHT OF WITHDRAWAL
8.1 The Supplier, according to article 52 of the Consumer Code, informs the Customer of the following:
- the Customer shall be entitled to exercise the right of withdrawal within 14 (fourteen) days from the receipt of the Products ordered;
- only in case the Supplier does not fulfill to the information obligations of article 52 of the Consumer Code the deadline of the right of withdrawal shall be three (3) months;
- only the Customer, as Consumer, is entitled to the right of withdrawal and, therefore, the Customer shall purchase the Products communicating to the Supplier its own tax code.
8.2 The right of withdrawal shall be deemed excluded, as per article 55 of the Consumer Code, in the following cases:
- purchase of products customized or limited editions (such as collaborations and collectable limited editions, identified by the words "Special release" or "Limited edition" in the product description), preorders, watches, bulk orders or tailor-made or products, which, according to their nature, may not be returned or risk deterioration or fast alteration;
- purchase of newspapers, magazines or periodicals;
- performance of services, whose execution has been begun before the ten-days term, with the consent of the Customer, according to article 64, paragraph 1 of the Consumer Code.
8.3 The right of withdrawal shall be exercised by sending an e-mail with the request to [email protected] or by means of registered letter with returned receipt, within the above said term, to:
Eleven s.r.l., Via G. Manci 75, 38122 Trento - Italy - ‘Returns office’.
8.4 The communication as per the previous paragraph 8.3 shall provide for the following information:
(A) the number of the Order which bears the withdrawal;
(B) the express will of the Customer to withdraw, in whole or in part, from the Purchase Agreement;
(C) description and code of the Products;
(D) copy of the purchase document (delivery note, invoice, sale receipt, transport document etc.);
(E) Customer bank number (bank account, ABI, CAB, addressee of the bank account if other than the Customer).
8.5 In case of non-fulfillment by the Customer to one of the points (A), (B), (C), (D), (E) of the previous paragraph 8.4 the Supplier shall not recognize the right of withdrawal to the Customer.
8.6 The Customer undertakes to preserve and carefully and duly protect the received Products for which he intends to exercise the right of withdrawal, keeping them intact together with the original internal and external packaging. Following receipt of the registered letter with which the Customer notifies his wish to exercise the right of withdrawal, the Supplier, having checked that the aforementioned requirements have been satisfied, shall send the Customer via e-mail the number (called DDR) for returning the Products to the Supplier. The Customer undertakes to return the Products for which the right of withdrawal has been exercised no later than 14 (fourteen) days from notification of the DDR. The Customer shall send the Products to the following address:
Kosmos, Via G. Manci 75, 38122 Trento – Italy – ‘Customer Service - Right of Withdrawal’
taking care to clearly indicate the DDR number on the outside of the packaging. The transport expenses and risks for the return are fully charged to the Customer. The return of Products that are damaged, deteriorated or lacking in original accessories or equipment shall not be accepted by the Supplier and shall be returned to the Customer with the debiting of transport expenses.
8.7 Once the Supplier has received the Products in conformity with the foregoing and has carried out the due checks, it shall refund the Customer as quickly as possible. Purchases of goods on sale, special offers (free shipping), limited editions and special releases, or as a 'pre-orders', are final. No returns allowed for orders delivered outside the EU owing to the custom duties due by the customer. Any unauthorized returns or any returns without the 'return authorization code' written on the outside of the parcel will be automatically refused. Sales to customers outside the EU or with a delivery address outside the EU or subject to customs clearance for the delivery are final.
9. PRODUCTS WARRANTY
The Customer fully accepts, at purchase, any commercial and service terms of warranty offered by the manufacturers of the Products that may be beyond the Supplier’s control and for which it is therefore not liable.
10. DECLARATION AND WARRANTIES OF THE CUSTOMER
10.1 The Customer warrants, accepting all and every relevant liability and holding the Supplier harmless from any prejudicial consequence, that his personal data given to the Supplier are true. The Customer also guarantees that such data allow his true identity to be identified. The Customer therefore undertakes to inform the Supplier immediately in writing, also via e-mail, of all and any change in the supplied data.
10.2 At registration on the Site kosmosstore.com, the Customer is given a user name (or User-ID) and the password (for access to the protected areas of the Site), the combined use of which will identify the Customer and will allow him to purchase the Products on the Site. The Customer is therefore informed of the fact that the Order issued through the combined use of the user name and the password are valid and binding. The availability of both, the user name and password, to a third party would allow the latter to issue regular Orders that oblige the Customer, having been identified by user name and password, to accept receipt of the ordered Products and to pay the Price. The Customer is therefore required to keep both the identification code and the password duly confidential for the entire duration of the relationship with the Supplier. The Customer is also informed of the need to give the Supplier a valid e-mail address so that the latter may forward the Order Confirmation and any other communication.
11. LIMITATION OF LIABILITY
Any information relating to the Products sold by the Supplier through the Site is based exclusively on data published and made known by the respective manufacturers. The Supplier is therefore not responsible for compliance of the Products with the specifications published on the Site or on any other publication (periodicals, Internet sites, advertising posters, etc.). Neither can the Supplier be held liable for malfunctioning, interruption of services, decline in performance, whether due or not to force majeure or fortuitous event, unless directly attributable to the Supplier due to its negligence or serious fault.
12.1 The Customer accepts that notification and communications pertaining these Conditions of Sale and each single Purchase Agreement are made by the Supplier in electronic form via e-mail and via Web service. The Customer acknowledges the full validity thereof and expressly renounces forthwith to refuse to acknowledge the contents of the declarations sent or received in electronic form. The Customer is informed and accepts that the Supplier files technical File Logs in its systems pertinent to the traceability of operations of estimates and passing of Orders and acknowledges the validity thereof for the purpose of reconstructing relationships in being if necessary.
12.2 A simple delivery note will be issued for the Products and will be attached to the same.
12.3 Invoices will be issued in electronic format. The invoices shall be deemed issued at their transmission. The invoice shall be deemed received by the Customer when received by its e-mail address provided for to the Supplier at registration and, in any case, not later than five (5) days after transmission of the invoice by the Supplier.
12.4 Due the huge amount of simultaneous check-out for certain products we may have to cancel the order. We will fully refound any customers as soon as possible.
13. COST OF DISTANCE COMMUNICATION
The link-up costs exercised by the provider used by the Customer for the actual link-up are applied for all on-line services on the Site and the Customer should contact the provider for due information.
14. APPLICABLE LAW
14.1 These Conditions of Sale, the Orders, the Order Confirmation and the Purchase Agreements shall be exclusively subject to the Italian Laws.
14.2 The Consumer acknowledges that he has voluntarily and freely accessed the Site and that no activity of promotion has been carried out at his residence by the Supplier or by any person appointed by the latter.
15. COMPETENT COURT
For any controversy bearing or arising out of these Conditions of Sale and/or the Orders and/or the Order Confirmation and/or the Purchase Agreements or their fulfillment, the Court of the place where the Customer has his residence or domicile shall be exclusively competent, when inside the Italian territory, while, in all other cases, the Court of Trento, Italy shall be exclusively competent.
Pursuant to sections 1341-1342 of the Italian Civil Code, the Customer declares that he has read and specifically accepted the clauses as set forth under the following articles of these Conditions of Sale on the Site:
- art. 3.2 (Amendment of the Prices);
- art. 5 (Execution of the Purchase Agreement);
- art. 6.2 (Costs and Risks of transportation);
- art. 6.3 (Products check);
- art. 7 (Estimated delivery terms);
- art. 8 (Right of withdrawal);
- art. 9 (Product Warranty);
- art. 12 (Notices);
- art. 13 (Cost of distance communication);
- art. 14 (Applicable Law);
- art. 15 (Competent Court).