Every eventual claim will have to be turned in written form, through registered letter A/R to "Luxury Kids Srls( P. IVA 09364681214) with center in Pompei (Na) to the street Lepanto n. 84 - through email: firstname.lastname@example.org or to PEC: __________
If the Customer is a consumer, any civil and/or criminal dispute relating to the application, execution, interpretation and breach of the contract of sale at a distance will be under the territorial jurisdiction of the court where the Customer has his residence or domicile, if located in the territory of the Italian State.
RIGHT OF WITHDRAWAL
9.1- Purchases made on the site www.luxurykidsshop.com are governed by Italian law on distance selling pursuant to Legislative Decree 21/2014 of "implementation of European Directive 2011/83/EU on consumer rights" and subsequent amendments. Therefore pursuant to and for the purposes of art. 64 of Legislative Decree no. 206/2005, the customer qualifies as a consumer may exercise the right of withdrawal, except in cases referred to in art. 9.3, returning the goods received in their original packaging, without tampering with any seal of guarantee or simple opening and / or deterioration of the same outer packaging, and obtaining a refund of the price paid or, upon request, the 'issuance of equivalent credit (Gift Card) spendable on www.luxurykidsshop.com.
9.2- The consumer who for whatever reason is not satisfied with the purchase made, has the right to terminate the contract without penalty and without specifying the reason, within 14 days from the date of receipt of the goods purchased. To exercise the right of withdrawal the consumer who has made a purchase must:
- communicate by e-mail (email@example.com ) or Pec(firstname.lastname@example.org) the will to withdraw from the purchase within 14 days from the date of receipt of goods. The consumer may use any explicit statement of his decision to withdraw from the contract or, optionally, may use the following form / standard text " the undersigned _____________, hereby notifies the withdrawal from the contract concluded on your e-shop - order n.___________ - on _________ and received on ___________ in (city) at _____________ n. ___".
- Once the communication has been sent, the customer must ship the goods promptly and in any case within 14 days from the day on which he communicated his wish to withdraw from the sale contract, taking care to pack the goods carefully, where possible placing them in an outer box and avoiding damaging the original packaging with adhesive tape, labels etc.. The product must be returned intact in its original packaging complete with all its parts and accessories, including any guarantees and instructions.
- The expenses of shipment and the responsibility of the goods during the same, as foreseen by the law, are to load of the customer: it is advised therefore to insure the products during the shipment near the chosen courier. In case of transport damage occurred during the return Luxury Kids will communicate the same to the Customer within five working days from the receipt of the goods, allowing him to make a complaint to the courier used for the transport. The damaged goods will be made available for the restitution with expenses to load of the customer and the demand for recess will be simultaneously annulled.
- After the receipt of the goods in warehouse, Luxury Kids will verify the integrity. In case of finding of eventual damages which do not compromise the use of the product or tampering of the original package (not due to the transport) or lack of the same package, Luxury Kids will retain a percentage equal to the maximum 10% of the value of the good, attributable to restoration expenses.
- Without prejudice to eventual expenses of restoration for ascertained damages, Luxury Kids will provide to reimburse within 14 days the entire amount of the good purchased or, on demand, to issue a Gift Card of equivalent amount expendable on www.luxurykidsshop.com. The reimbursed amount doesn't include the shipment expenses because the transport expenses sustained for the delivery of the product to the customer and for the eventual redelivery to Luxury Kids are not reimbursable.
- Refunds are credited directly to the account or payment instrument used at the time of purchase. For payments made by bank transfer, the refund will be made to the account used for the payment. For payments made by Paypal, Postepay or credit card, the refund will be made to the Paypal account or credit card. For the payments effected by cash on delivery, the reimbursement will be effected, alternatively, on the current account that the customer will indicate to Luxury Kids or through credit on the account of the customer If for the order has been used a gift voucher, Luxury Kids will re-credit the relative sum on the account of the customer.
- The fraudulent abuse and/or continued of the right of recess, beyond to involve the categorical refusal to accept further orders from such customer, will be pursued to norm of Law from Luxury Kids with reservation of compensation of the suffered damages and subendi comprehensive of those not patrimonial. Luxury Kids, also, will present denunciation to the competent prosecutor of the republic.
9.3 - The right of withdrawal is expressly excluded, pursuant to and for the purposes of Articles 52, 57 and 59 paragraph 1 letter c) and e) of Legislative Decree no. 206 of 2005, in cases where:
- the request for withdrawal occurs after 14 days from the date of delivery of the goods to the customer;
- the customer does not return - by mail or courier - the goods within 14 days after the communication of his intention to withdraw. The term is respected if the consumer sends back the goods before the expiration of the period of fourteen days. In the case of restitution of the goods to Luxury Kids beyond the 14 days following the communication of the will to recede Luxury Kids will be available for the restitution of the same with expenses to load of the customer and the demand for receding will be contextually annulled for decadence of the terms;
- sealed products that cannot be returned for hygienic or health protection reasons and that have been opened after delivery, such as, but not limited to: pacifiers and underwear;
- damaged or incomplete products or missing parts, accessories, labels, original packaging and components included therein;
- products that have been used, worn or soiled by the customer. The consumer must return the products without obvious signs of use, except for those compatible with the execution of a normal test of the article (they should not bear any trace of prolonged use or otherwise exceeding the time necessary for a test and should not be in a state such as not to allow resale).
- there is a repeated and fraudulent abuse of that right, subject to any civil and criminal action against the agent.
the consumer, therefore, acknowledges and expressly accepts that in the cases outlined above and in any other case provided for by law and by the Consumer Code, he/she will not be able to exercise the right of withdrawal pursuant to and for the purposes of Articles 52, 57 and 59 paragraph 1 letter. c) and e) of Legislative Decree no. 206 of 2005.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
13.1 - The consumer residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve out of court any disputes relating to and/or arising from contracts for the sale of goods and services concluded online. Consequently, if you are a European consumer, you can use this platform to resolve any dispute arising from the online contract concluded with Luxury Kids (www.luxurykidsshop.com).
13.2 The platform is available at the following link (http://ec.europa.eu/consumers/odr/).
Luxury Kids is available to answer to every question forwarded via email or Pec to the addresses below indicated:
JURISDICTION AND COMPETENT COURT
14.1 - All disputes relating to the application, execution, interpretation and breach of purchase contracts entered into "on line" through the website www.luxurykidsshop.com is subject to Italian jurisdiction, these general conditions are reported, for anything not provided for, the provisions of Legislative Decree no. 206/2005.
14.2. For any dispute between the parties regarding this contract will be competent the Court in whose district the consumer has his domicile, according to current legislation, for all other customers (foreigners or non-consumers) it is agreed that any dispute, even in derogation of the rules relating to the territorial jurisdiction, will be the exclusive jurisdiction of the Court of Naples.
Luxury Kids Srls
Registered office via Lepanto n. 84
- 80045- Pompei (Na)
VAT number: 09364681214
REA: NA - 1026868
Tel: +39 081 874 3829