General Terms of Business
1 - Scope of application
At the time of conclusion of the contract, all commercial relations between KM-Shop.it and the customer shall be governed by the present General Terms of Business in their currently valid version. The General Terms of Business currently in force may be consulted by the customer on the homepage. Any agreements which deviate from and/or which are supplementary to the said Terms of Business shall be subject to the specific written consent of KM-Shop.it.
2 - Conclusion of contract
The submission by the customer of an order to KM-Shop.it via the Internet shall constitute a contractual offer within the meaning of the Italian Civil Code. In confirmation of their order, the customer shall receive an E-mail from KM-Shop.it.
The contract shall be concluded with effect from the submission of the above confirmation to the E-mail address indicated by the customer.
Where the goods concerned are not available, or in case of database errors, the fulfilment of the order shall not be possible. KM-Shop.it shall reserve the right to withdraw from the contract.
3 - Right of cancellation
Within 14 days of the receipt of goods, the customer shall be entitled to cancel their declaration of intent for the conclusion of a contract. Cancellation shall be by notified by letter or e-mail, or by the return of goods to KM-Shop.it.
Goods to be returned shall be unused, unopened, in a sound condition and contained in their original packaging. Since the products concerned are toiletries, goods cannot be returned once opened.
Costs associated with the return of goods delivered shall be borne by the customer, unless there is a discrepancy between goods delivered and goods ordered.
Following the inspection of goods returned, the purchase price will be refunded to the customer.
Costs and charges associated with the delivery of goods abroad will be deducted from the purchase price.
Where the customer exercises their right of cancellation, and in case of any significant deterioration in goods or loss of the latter, the customer shall be liable for the restitution of the resulting loss of value. If the customer has already paid the purchase price, KM-Shop.it shall be entitled to deduct any loss of value from the refund payable. In general, this will substantiate the obligation for the customer to pay the full purchase price.
4 - Delivery
A customer order submitted to KM-Shop.it shall be delivered to the address indicated by the customer at the earliest opportunity. Information on foreseeable delivery times shall be non-binding. KM-Shop.it shall be entitled to complete the partial delivery of orders.
The amount of dispatch costs shall be in accordance with the information indicated on the KM-Shop.it homepage. In case of deliveries to countries outside the EU, import duties may be payable. Import duties, which shall vary from one customs zone to another, shall not be classified as dispatch costs and shall be payable by the customer. The dispatch of goods shall be at the risk of the recipient.
5 - Terms of payment
KM-Shop.it shall only accept the types of payment indicated on their homepage. Upon the conclusion of the contract, the net purchase price shall be due for settlement, excluding any discounts and exclusive of any offsetting or withholding of amounts owed. In case of a delay in settlement by the customer, KM-Shop.it shall be entitled to levy interest on arrears at the BCE base rate plus 5%.
All prices are including 22% VAT, except for shipments to countries outside the EU.
6 - Guarantee
Subject to confirmation by means of appropriate investigations, claims in respect of the scope of deliveries, defective goods, incorrect deliveries or incorrect quantities shall be enforceable upon the submission of written notification at the earliest opportunity, and in any case no later than one week following the receipt of goods.
In case of a justified claim, and subject to the preference of the customer, goods may be replaced by KM-Shop.it or returned to the latter, or a price discount may be granted to the customer. In case of failure to eliminate the defect or to replace the goods concerned, or where KM-Shop.it are unwilling or unable to eliminate the said defect or to complete the replacement of goods, or in case of a delay in the elimination of the said defect for reasons which shall be attributable to KM-Shop.it, the customer shall be entitled to withdraw from the contract or to request a reduction in the purchase price.
In the case of appliances, the scope of the guarantee shall be limited to the repair of the latter.
7 - Data protection
The user hereby consents to the recording, storage and processing of their personal data, insofar as this shall be necessary for the purposes of commercial relations. User data shall not be disclosed to third parties without the specific consent of the user. The user shall be entitled to amend their data at any time, using the 'My account' button. The user shall also be entitled to block access to their data or to delete the latter (requests to this effect may be submitted by means of an informal E-mail to the following address): .
8 - Concluding provisions
Italy law shall apply, to the exclusion of the UN Convention of the Sale of Goods. The court venue shall be Fano, Italy. If the customer is a commercial operator, they shall also be entitled to bring proceedings at the place of their registered office.
The invalidity of specific provisions of the present General Terms of Business shall not affect the validity of the remaining provisions. Any invalid provision shall be replaced by a new provision which most closely embodies the commercial objectives of the contractual partners and which shall be closest in its commercial intent to the invalid provision concerned. The same shall apply in case of an omission.
Fano im March 29, 2010