Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions of Sale“) regulate the offer and sale of goods on this website www.hotelkalura.com (hereinafter referred to as the “Website“).
Goods purchased on the Site (hereinafter the “Products“) are sold directly by COSTA CALDURA S.R.L. (hereinafter referred to as the “Seller).
In order to submit a purchase order, you must read and accept these General Terms and Conditions of Sale. Failure to accept the General Terms and Conditions of Sale will make it impossible to make purchases on the Site.
1. FOREWORD
1.1 The General Terms and Conditions of Sale exclusively govern the offer, forwarding and acceptance of purchase orders for Products on the Site between the Seller and users of the Site.
1.2 Through the Site, the Seller offers the Products for sale and carries out its e-commerce activity exclusively towards its own end users who are of age and “consumers”, i.e. natural persons acting for purposes that are not related to their commercial, entrepreneurial, handicraft or professional activity, possibly carried out (hereinafter referred to as the “Customer“).
1.3 The Vendor, therefore, reserves the right not to process orders from persons other than the “consumer” and/or minors, from countries not included among those indicated as shipping countries or, in any case, orders that do not conform to its commercial policy.
1.4 The General Conditions of Sale do not regulate the sale of goods or the provision of services by parties other than the Seller, even if they are present on the Site through links, banners or other forms of connection. It is the Customer's responsibility to check the sales conditions before placing orders and purchasing goods and services from parties other than the Seller. The latter is therefore not responsible for the sale of goods and/or provision of services by third parties and/or the conclusion of agreements between the Customer and third parties.
2. PRODUCT PURCHASE ORDER
2.1 To purchase one or more Products on the Site, the Customer must select the Products he/she intends to purchase. Once the selection of the chosen Products is complete, the Customer must proceed with the checkout at the web page of the selected payment method and follow the instructions. If the transfer mode is chosen, the Customer must proceed at the site of his or her Bank of reference.
2.2 The language available for the conclusion of the purchase order is Italian.
2.3 The order form contains a cross-reference to the General Terms and Conditions of Sale, as well as a summary of information on the main characteristics of each Product ordered and its price (including all applicable taxes or duties), the means of payment accepted and the delivery methods of the Products purchased, the shipping and delivery costs, the conditions for exercising the right of withdrawal, and the methods and times for returning the Products purchased.
2.4 Before proceeding with the purchase of Products by transmitting the order form, the Customer is obliged to carefully read the General Terms and Conditions of Sale, which he may also print, store or make a copy of for personal use. The Customer, by sending the order form, declares that he/she has understood and approved the contents of the form itself, as well as accepted the General Terms and Conditions of Sale and Use of the Site; failing this, he/she may not proceed with the purchase order.
2.5 Before transmitting the purchase order form, the Customer may check the details of the order, as well as identify and correct any data entry errors.
2.6 The submission of the order form by the Customer implies the latter's obligation to pay the price indicated in the order.
2.7 Once the purchase order has been accepted, the Seller will send the Customer, by e-mail, a receipt of the purchase order, which will contain a summary of the General Terms and Conditions of Sale, information on the essential characteristics of the Products and a detailed indication of the price (including all applicable taxes or duties), the means of payment, the conditions and methods for exercising the right of withdrawal and the delivery costs.
2.8 The Seller reserves the right not to accept purchase orders that are incomplete or incorrect, that do not provide sufficient guarantees of solvency or if the Products are unavailable. In these cases, the Seller shall promptly, and in any case within 14 days from the day after the day on which the order was transmitted to the Seller, inform the Customer by e-mail that the contract is not concluded and that the Seller has not carried out the purchase order. If the Customer has already submitted the order form and paid the price, the Seller shall refund the sum paid.
2.9 The order form will be stored in the Seller's database for the period of time necessary to process orders and in any case in accordance with the law.
2.10 Only original Kalura branded products are offered for sale on the Site.
2.11 The essential characteristics of the Products are presented on the Site within each Product sheet. However, the images and colours of the Products offered for sale may not correspond to the real ones due to the effect of the Internet browser and/or monitor used.
2.12 Each Product is sold on the Site together with its identification tag, which is an integral part of the Product itself.
3. PAYMENTS
3.1 The prices of the Products indicated on the Site are expressed in euros (€) and do not include shipping and delivery costs, which will be clearly indicated during checkout.
3.2 The prices of the Products may be subject to change. The Customer therefore undertakes to check the final sale price before sending the relevant order form.
3.3 The following payment methods are accepted:
- PayPal
- Apple Pay
- Google Pay
- Cards
3.4 The price for the purchase of the Products and the shipping costs, as indicated in the order form, will be charged when the Products are ordered by the purchaser.
3.5 In the event that payment by credit card is chosen, the financial information (for example, the credit/debit card number or the date of its expiry) will be forwarded, via encrypted protocol, to banks or companies that provide the relevant remote electronic payment services, without third parties being able, in any way, to access it. Moreover, this information will never be used by the Seller except for completing the procedures relating to the purchase for which it is provided and for issuing the relevant refunds in the event of any returns of Products, following the exercise of the right of withdrawal, or if it is necessary to prevent or report to the police the commission of fraud on the Site.
4. PRODUCT AVAILABILITY
4.1 Product availability refers to actual availability at the time the purchaser places the order. However, this availability must be considered purely indicative because, due to the simultaneous presence of several users on the site, products may be sold to other customers before the order is confirmed.
4.2 Also following the sending of the e -mails of confirmation of the order there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be rectified automatically by deleting the unavailable product and the purchaser will be informed by email.
4.3 If the buyer requests cancellation of the order by terminating the contract, the seller shall refund the amount within fourteen days after the seller has become aware of the decision to terminate the contract.
5. DELIVERY OF PRODUCTS
5.1 Delivery of the Products ordered on the Site is made by express courier. The costs, methods and terms of delivery of the Products are indicated in the individual purchase order form, and form an integral part of the General Terms and Conditions of Sale.
5.2 Delivery is entrusted to couriers on the basis of lowest cost or fastest or safest delivery (depending also on the assessment of the specific geographical case)
5.3 Delivery times for the Products indicated on the Site refer exclusively to working days, with the express exclusion of public holidays.
6. PASSING OF RISK
6.1 Risks relating to the products shall pass to the purchaser upon delivery. Ownership of the products shall be deemed to have been acquired upon receipt of full payment of all sums due in respect thereof, including shipping costs, or upon delivery, should this occur at a later date.
7. RIGHT OF WITHDRAWAL
Exercise of the right of withdrawal
7.1 The Customer has the right to withdraw from the contract concluded with the Seller, free of charge and without stating any reasons, within 14 days from the day of acquiring physical possession of the Products purchased on the Site.
7.2 To exercise the right of withdrawal, the Customer may notify their decision to withdraw from the contract by email addressed to info@hotel-kalura.com, stating your details (first name, surname, address and email address), the dates of the order and of receipt of the Products, the order number and the relevant Products purchased.
For contracts concluded via this Website, the consumer may also exercise their right of withdrawal by using the dedicated online function available in their personal account, in the section “My orders”, by selecting the relevant order and completing the relevant request form.
Once the request has been submitted via the online procedure, the system records its receipt and makes it available for viewing in the consumer’s personal account.
7.3 If the right of withdrawal is exercised, it is not possible to directly replace the chosen Product with another; in order to purchase a new Product, the Customer must place a new order separate from the previous one.
7.4 The Customer shall be liable for any diminution in the value of the Products resulting from any handling of the Products other than what is necessary to establish the nature, characteristics and functioning of the Products.
7.5 The Vendor reserves the right not to carry out the withdrawal procedure if the Products are returned without the identification tag or with signs of wear and tear
7.6 The right of withdrawal may also not be exercised in the event that:
- sealed Products are not suitable for return for hygienic or health protection reasons and have been opened after delivery;
- the Products are, after delivery, inseparably mixed with other goods;
Timing and modalities of return
7.7 Payment of the direct costs of returning the Products shall be borne by the Customer.
7.8 It is recommended, where possible, to return the Products in the packaging sent by the Seller.
Time and method of reimbursement
7.9 Upon receipt of the Products, the Seller shall carry out the necessary checks as to their conformity with the terms and conditions set forth in this Article 7.
7.10 In the event that the checks are positively concluded, the Seller shall send the Customer, by e-mail, the relevant confirmation of acceptance of the Products thus returned and shall proceed to refund the price of the returned Products.
7.11 Regardless of the payment method used by the Customer, the refund shall be activated by the Seller, upon verification of the correct execution of the right of withdrawal, in the shortest time possible and in any case within 14 days from the date on which the Seller received the notice of withdrawal. The refund may be suspended by the Seller until receipt of the Products or until the Customer proves that he has returned the Products, whichever is earlier.
7.12 The Seller shall execute the refund using the same means of payment used by the Customer for the initial purchase, unless the latter has expressly agreed otherwise. If there is no correspondence between the recipient of the Products indicated in the order form and the person who made the payment of the sums due for their purchase, the refund of the sums shall be made by the Seller, unless otherwise agreed, to the person who made the payment.
7.13 If the terms and conditions for exercising the right of withdrawal, as specified in this Article 7, are not complied with, the Customer shall not be entitled to reimbursement of the sums already paid to the Seller; however, the Customer may re-obtain, at its own expense, the Products in the state in which they were returned to the Seller.
8. LEGAL GUARANTEE OF CONFORMITY
8.1 In addition to the warranty for defects in the goods sold, the Seller shall provide the legal warranty of conformity on the Products in accordance with the provisions of Title III of Part IV of Legislative Decree no. 206 of 6 September 2005 (so-called Consumer Code). This guarantee provides that the Seller shall be liable for conformity defects on the products sold that occur within 2 years from delivery of the products.
To benefit from the conformity guarantee, the Customer, under penalty of forfeiture, must notify the Seller of any defect in the purchased Product within 2 months of its discovery.
In the event of a conformity defect reported within the prescribed time limit, the Customer may, at its option, request the Seller to repair the goods or to replace them, free of charge in both cases, unless the remedy requested is objectively impossible or excessively burdensome compared to the other. The Customer may also request, at his option, an appropriate price reduction or termination of the contract in cases where repair or replacement is impossible or excessively onerous, the Seller has failed to repair or replace the goods within a reasonable period of time, or the replacement or repair previously carried out has caused considerable inconvenience to the Customer.
In order to be able to benefit from the conformity guarantee, it is recommended to keep and present the purchase documents of the Product.
For more information on the legal guarantee of conformity for consumers, please consult the Consumer Code.
9. PRIVACY
9.1 With regard to the processing of the Customer's personal data, please refer to to the’Privacy Policy.
9.2 For the use of specific services provided at the Customer's request, specific information will be provided and specific consents requested, where necessary, when collecting personal data.
10. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
10.1 The General Terms and Conditions of Sale are governed by Italian law and, in particular, by the provisions of Legislative Decree No. 206 of 6 September 2005, containing the “Consumer Code”, with specific reference to the provisions on distance contracts and by Legislative Decree No. 70 of 9 April 2003 on certain aspects of e-commerce.
10.2 In the event of disputes between the Seller and each Customer arising from the General Terms and Conditions of Sale, the Customer may access via the link https://webgate.ec.europa.eu/odr to the online dispute resolution platform provided by the European Commission.
11. MODIFICATION OF THE GENERAL CONDITIONS OF SALE
11.1 The General Terms and Conditions of Sale may be amended by the Seller at any time, also in consideration of any regulatory changes. The new General Conditions of Sale shall be effective from the date of publication on the Site. Customers are therefore invited to regularly access the Site and consult the most updated version of the General Conditions of Sale before making any purchase.
11.2 The General Conditions of Sale applicable to each contract concluded by the Customer through the Site are those in force on the date the purchase order is sent.
12. CUSTOMER CARE
12.1 For assistance with the Products, further information, suggestions, complaints and/or further enquiries, the Customer may contact the Seller's customer service department at any time at the form Contacts or at the following references:
- via e-mail: info@hotel-kalura.com