Terms and conditions of sale
These general conditions of online sale (hereinafter “GCS”) govern the contract of sale (hereinafter, the “Contract”) of products (hereinafter, the “product” or “products”) offered by KC Wearable Technologies Srl– Share Capital fully paid up € 10.000,00 with registered office in Via Isonzo, 1/3 – Lonato del Garda (BS), Italy, Tax ID/VAT Reg. No. IT04162830980.
These general conditions of sale only apply to customers qualified as “consumers” under Art. 3, paragraph 1, letter a), of Italian Legislative Decree No. 206 of 6 September 2005, i.e. “natural persons acting for purposes unrelated to any entrepreneurial or professional business carried out”, who are also of age. All the information contained on this site is in English. The customer declares that before placing the order he/she read all the above information and general conditions of sale. The customer declares before ordering the product that purchase of the product has no direct relationship with his/her business activities, and that the item purchased is for personal use. The customer also declares that he/she has the legal capacity to be bound as provided in these general conditions.
1 – Object
These general conditions of sale set out the rights and obligations of the parties in the context of distance sale of goods offered at the online store www.kc-wearables.com
2 – Territory and coverage of the offer
This version of the general conditions of sale refers exclusively to sales made to consumers having their domicile or residence in the European Union.
3 – Contract documents
This contract consists of the following documents: • these general conditions of sale • the order confirmation The photographs that illustrate the products on the site are not part of the contractual scope and are shown for descriptive purposes only.
4 – Receipt of order
Any order confirmation signed by the validation click constitutes an irrevocable commitment of the customer, which can only be called into question in the cases provided for in this contract in the articles “Right to cancellation” and “Fulfilment of the order”.
5 – Acceptance of order
Conclusion of the contract will take place only at the time of confirmation of the order by KC Wearable Technologies Srl. The customer will receive a notification of receipt by e-mail containing the order confirmation with all the elements of the contract (including products ordered, prices, delivery dates, shipping costs). KC Wearable Technologies Srl reserves the right not to confirm an order for any reason relating in particular to a product procurement problem, or a problem regarding the order received. KC Wearable Technologies Srl cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. KC Wearable Technologies Srl cannot be held responsible for any damage that may have occurred to the products after delivery to the carrier in charge of their transport or for late delivery attributable to the latter.
6 – Availability of products
The offers contained on this site will be valid as long as the products listed remain online and as long as stocks last. KC Wearable Technologies Srl also reserves the right to inform the customer, at the email address associated with his/her profile if any product purchased is unavailable. In case of products no longer available are purchased, KC Wearable Technologies Srl will issue a refund (on the payment card indicated for the purchase or by bank transfer whose details are to be communicated after registration) for the purchase price and shipping costs paid by the customer.
7 – Prices – Invoice
Prices are in Euro and include 22% VAT. The price to be paid by the buyer is the one published on the website at the time of dispatch. The prices of the products are final. They do not include any delivery charges, which will be specified in the order confirmation. The initial price on which the discount is applied is the official list price provided by the seller.
8 – Payment
The customer who intends to make a purchase must express this will through a request made directly on the site, in the dedicated section, where, by following the procedures indicated, he or she can submit a purchase order and make the payment. Payment of the amount is due from the moment the order is placed. The customer undertakes to pay the price agreed for the product ordered on the site (price of products and transport) by using the payment methods available. The customer guarantees KC Wearable Technologies Srl that he/she has the necessary authorizations to use the payment instrument indicated in the order. If KC Wearable Technologies Srl does not receive the payment, it reserves the right to cancel the order. In the case of payment by credit card, KC Wearable Technologies Srl reserves the right to request that a copy of ID proving actual ownership of the credit card used is sent within 24 hours, it being understood that if the requested ID is not sent KC Wearable Technologies Srl may refuse the payment and cancel the order. Payment data will be processed through a secure server-to-server connection using the SSL (Secure Sockets Layer) Protocol.
9 – Transfer of risks
The transfer of risks to the customer takes place when the products are delivered to the carrier by KC Wearable Technologies Srl. Up until the end of the cancellation period mentioned in Article 13, the customer is responsible for taking care of the objects. In case of damage or destruction of the product while in the customer’s care, the latter shall bear the consequences.
10 – Fulfilment of the order
The order will be fulfilled within the terms specified on the Site upon acceptance of the order by KC Wearable Technologies Srl and in any case within 30 days of the order confirmation, subject to availability of the product ordered and subject to any special agreement reached by the parties. In the event of stock depletion or unavailability of the item ordered, KC Wearable Technologies Srl undertakes to inform the customer as soon as possible and specify when the item will be available again. See Art. 6 regarding the availability of products.
11 – Delivery
The geographical delivery area corresponds to the geographical area of coverage of the offer. Deliveries are made from Monday to Friday. The products are delivered to the address provided by the customer. Delivery is made at the street level unless specified otherwise. Any request for delivery of an order to a certain floor (where available) must be specified by the customer at the time of final confirmation of the order. Unless otherwise specified at the time of purchase, KC Wearable Technologies Srl does not provide installation of the products sold. Without prejudice to the provisions of Art. 6, KC Wearable Technologies Srl undertakes to deliver the products to the address provided by the customer on the purchase order, through the carrier in charge of transporting the same. KC Wearable Technologies Srl cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the purchase order by the customer. KC Wearable Technologies Srl cannot be held responsible for any damage that may have occurred to the products after delivery to the carrier in charge of their transport or for late delivery attributable to the latter. KC Wearable Technologies Srl makes deliveries throughout all over the world. Deliveries to hard to reach post codes, such as Venice Lagoon, may lead to changes to the indicated transport rates. The delivery is made by couriers selected by KC Wearable Technologies Srl. The delivery document issued by the carrier, dated and signed by the customer upon delivery of the product constitutes proof of transport and handover of the goods. Upon delivery, the customer must check the content, conformity and condition of the product(s). In case of delays, breakdowns, total or partial loss or other problems, the customer has the right to have recourse to the carrier without KC Wearable Technologies Srl being held liable. Therefore, upon delivery, KC Wearable Technologies Srl recommends that the customer check the condition of the products delivered before signing the receipt. In case of anomalies, the customer must refuse delivery of the products or declare his/her reservations in writing in detail and write the date. Confirmation of these reservations must be sent to KC Wearable Technologies Srl by registered letter with acknowledgement of receipt within three (3) working days from delivery of the products.
12 – Collecting the products in case of absence of the customer
In the addressee is absent at the time of delivery, the carrier will leave a notice that it attempted delivery to the delivery address specified by the customer. If the addressee is also absent for the second attempt to make delivery, the products must be collected at the address specified by the carrier by following the instructions given. If the package is not collected by the deadline set by the carrier, the products will be returned to KC Wearable Technologies Srl, which reserves the right to refund the price of the products, and charge the shipping costs to the customer.
13- Right to cancellation
The customer has the right to cancel the Contract, without penalty and without giving any reason, from receipt of the order confirmation sent by KC Wearable Technologies Srl up until fourteen working days from receipt of the product at the address indicated for delivery. The date indicated on the delivery note is proof of receipt. The customer may exercise the right to cancellation by filling in the form received or alternatively by means of a special communication (including the addressee’s details, the order number and date of receipt) to be sent to the e-mail address customercare@KC-wearables.com. If the product has already been delivered, the customer must return it to KC Wearable Technologies Srl. For this purpose:
– the deadline for returning the product is fourteen days from the communication of cancellation (in the case of return by the customer, the customer must provide proof of shipment). For the purposes of the deadline, the product is deemed returned when it is delivered to the post office and/or courier. – if the product has been delivered, the substantial integrity of the product to be returned is an essential condition for exercise of the right to cancellation. The customer must ship the product properly wrapped and packaged; KC Wearable Technologies Srl does not accept damaged returned goods, but those in a normal state of preservation which were kept with care. Products damaged by detergents/additives, or by inexperience on the part of the customer shall not be replaced and no refund can be issued. The customer must put a copy of the delivery document received inside the box returned. The risks of transport for the return of products are borne entirely by the customer.
Some merchandise sold by KC Wearable Technologies Srl. is sold in sealed packaging and not re-sellable after opening, for hygienic reasons. This merchandise is identified in the product descriptions. For such merchandise, the removal of sealed packaging leads to the exclusion of the right to return.
– The costs of returning the goods to KC Wearable Technologies Srl shall be borne by the customer. If the customer exercises the right to cancellation in accordance with the provisions of these terms of sale, KC Wearable Technologies Srl will refund the amounts paid by the customer on the same means of payment used by the customer for the original transaction (credit card, Paypal, bank transfer), unless indicated otherwise by the customer.
The refund will be issued free of charge within fourteen days from the date on which KC Wearable Technologies Srl became aware of the customer’s exercise of the right to cancellation. As provided for by Legislative Decree No. 206 of 6/9/2005 and Article 55 of the Consumer Code, the right to cancellation governed by these conditions of sale does not apply to made to measure goods or obviously personalized items or which, by their nature, cannot be returned or are likely to deteriorate or change rapidly.
14 – Warranty
In order to guarantee high quality standards, before shipping the products are subjected to quality control procedures by KC Wearable Technologies Srl. However, in the event of problems, the customer can take advantage of the manufacturer’s legal warranty lasting 24 months. In addition, the “satisfied or reimbursed” guarantee of KC Wearable Technologies Srl is valid for 30 days after delivery, provided that the item had been used normally and in accordance with the recommendations contained in the documents attached to the products and in the relevant instruction manuals. In any case, products sold benefit from the legal warranty against hidden defects provided for by Articles 1641 et seq. of the Civil Code. Finally, some products are covered by an extended warranty. In these cases, the terms and duration of the warranty are specified on the warranty certificate delivered with the product. The latter does not cover damage, breakage or malfunction due to failure to observe the precautions of use. To take advantage of the warranty, the customer shall return the product to KC Wearable Technologies Srl at his/her expense and attach the original receipt. The product will be replaced with an identical product and sent to the customer at the expense of KC Wearable Technologies Srl, except in the event of unavailability or discontinued production of the item. In the latter case, KC Wearable Technologies Srl will refund the customer the price of the item.
15. Use of the site
Product descriptions and images on the site are the same as those provided by the suppliers of KC Wearable Technologies Srl. The photographs and videos presenting the products accompanying the descriptive information are published on the site for description purposes, taking into account the fact that the quality of the images, including an exact display of colour variations, may depend on software and computer tools used by the customer when connecting to the site. KC Wearable Technologies Srl assumes no responsibility for problems caused to the customer by use of the site or the technologies used, as these matters are beyond its control.
16. Personal data protection
KC Wearable Technologies Srl is the owner of the personal data collected at the time of registration at its site, as well as those subsequently communicated by the customer at the time of purchase, except for data relating to the payment procedure for which we refer to the banks through which the transaction takes place. For information relating to the processing of personal data, including your rights under Article 7 of Legislative Decree No. 196/03, please read the detailed policy provided when you registered at the Site www.kc-wearables.com
17 – Electronic signature
The “validation click” is an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
18 – Wholeness of the contract
These general conditions of sale constitute the whole of the obligations of the parties. No other general or particular condition communicated by the customer may be inserted in or outside these general conditions.
19 – Nullity
Should one or more provisions of these general conditions be considered invalid or declared invalid by application of any law, regulation or following a final decision taken by a competent jurisdiction, the other provisions shall retain all their force and value.
For any communication you can contact KC Wearable Technologies Srl at the following addresses:
Via Isonzo, 1/3 – Lonato del Garda (BS) – ITALY
21. Applicable law
This sales contract between the Customer and KC Wearable Technologies Srl S.p.a. is concluded in Italy and regulated by Italian law.