Art. 1 - DEFINITIONS
1.1 - These general conditions, available to the consumer for reproduction and storage in accordance with art. 12 d. Decree 70/2003, relate to the purchase of products made remotely via computer network through the website www.luxurykidsshop.com belonging to Luxury Kids Srls( P. IVA 09364681214) with center in Pompei (Na) to the street Lepanto n. 84.
1.2 - "On line" sales contract means the distance contract, i.e. the legal transaction concerning movable goods and/or services stipulated between a supplier and a customer. www. luxurykidsshop.com (for convenience from now on Luxury Kids) and a final consumer (customer) in the within of a system of sale at a distance organized by "Il Sogno di Esposito Assunta" that, for such contract, exclusively employs the technology of communication at a distance called internet.
1.3 - A consumer is a natural person who purchases goods and services for purposes not directly or indirectly related to the professional activity carried out.
1.4 - A professional user is a natural or legal person who purchases goods and services for purposes directly or indirectly related to the professional activity carried out.
Art. 2 - ACCEPTANCE OF TERMS OF SALE
2.1 - These general terms and conditions are valid from 17.01.2020 and may be updated, supplemented or amended, obviously with effect for the future, at any time by www.luxurykidsshop.com which will provide for their communication through the pages of the website.
2.3 - These general conditions of sale must be examined "on line" before completing the purchase procedure. The sending of the order confirmation therefore implies full knowledge of them and their full acceptance.
2.4 - The customer, with the telematic sending of the confirmation of his own order of purchase, accepts unconditionally and is obliged to observe, in his relationships with Luxury Kids, the general conditions and of payment illustrated below, declaring to have taken vision and accepting all the indications from supplied according to the above mentioned norms, taking also note that Luxury Kids does not consider itself bound to different conditions if not previously agreed in writing.
2.5 - The sales operations are regulated for the consumer by the provisions of d. Igs. n. 70/2003(decree implementing the European Directive on Electronic Commerce) and d. Igs. n. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of Legislative Decree 30 June 2003, n. 196, as innovated and supplemented by EU Reg n. 679/2016 and subsequent amendments and additions.
Art. 3 - SALE PRICES AND PURCHASE METHODS
3.1 - All the prices of sale of the products exposed in the e-commerce are inclusive of VAT . Such prices can vary in any moment without Luxury Kids being obliged to give any notice. In any case, once the order of the product has been placed, the same will not undergo any variation in price.
3.2 - The products, prices and conditions of sale on the site www.luxurykidsshop.com - within the limits of their availability - constitute an offer to the public for the consumer and, therefore, require, for the conclusion of the contract, the acceptance of the same consumer, manifested through the exact compilation of all sections and adherence online, following the instructions on the screen and, finally, selecting and then accepting the boxes with the words ACCEPTANCE OF TERMS OF SALE and PRIVACY LAW.
3.3 - Transport costs are calculated at the time the order is placed and are indicated in the cost summary as well as any other costs of collection. After the completion of the order, the Customer will be sent an e-mail confirmation of the order itself with the data of the owner, the delivery address, any notes, prices and purchase costs. The customer is kept to verify the correctness and to communicate timely eventual variations relieving expressly Luxury Kids from any responsibility also towards thirds party for the damages deriving from such errors.
3.4 - All customers can pay for the goods ordered using the payment methods indicated "on line" at the moment of purchase. Luxury Kids makes available the following systems of payment:
PayPal: PayPal, the trusted leader in online payments, enables buyers and businesses to send and receive payments online. PayPal has over 100 million accounts in 190 countries and territories. It is accepted by merchants around the world. PayPal lets you protect your credit card information with industry-leading security and fraud prevention systems. When you use PayPal, your financial information is never shared with the merchant.
Credit and debit cards (e.g. Visa - Master Card - Postepay): credit card orders will be accepted only from the card holder. Delivery is expected only to the cardholder's address. The security of the payment is guaranteed by the international gateway "Stripe" and the transaction takes place on the "secure server" of the same. This payment method allows the user to provide their sensitive data directly to the Gateway and not to the virtual store or service provider that manages it. Moreover, thanks to our SSL (Secure Socket Layer) certificate, your sensitive data is safe. All payment data is protected because it is encrypted with 256bit technology.
Recharge Postepay: to take advantage of this method of payment the customer must send a request by e-mail at email@example.com or contact the number 081 8743829. The recharge can be made in all post offices or tobacconists with Lottomatica service.
Bank transfer: when you select this method of payment will appear in the cart the IBAN where to make the payment. In case of difficulty in identifying the same you can send a request by e-mail at firstname.lastname@example.org or contact the telephone number 081 8743829.
Payments made by bank transfer will be completed only when the total price is actually credited to the account of Grass Fed Italy Srls.
However, in order to speed up the order processing and shipping operations, it is possible to anticipate a copy of the bank account by e-mail at the following address email@example.com
The transfer will have to happen within 3 working days from the emission of the order. Expired such period the order could be cancelled by Luxury Kinds to own and unquestionable judgment.
Cash on delivery (c.d. C.O.D.): By choosing this type of payment it is possible to ship the goods anywhere, even to addresses other than the one of the person who placed the order. This type of payment has an additional cost of 10 euros including VAT. This cost is therefore to be added to the cost of products and shipments. The payment must be made directly to the courier, only in cash and for the exact amount of the order: the courier does not make restitution and does not accept checks. At the moment of the order it is also necessary to indicate a telephone number of the recipient of the goods. The customer who chooses this payment method declares to always act with lawfulness and good faith. In the case it wants to exercise the right of recess it is held to make written communication in the times and in the modalities previewed to the art. 9 of the present conditions of sale both to the Courier and to Luxury Kids. The fraudulent abuse of such modality of payment, 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.
VirtualGift Card: The virtual "Gift Card", available in the fixed amounts provided on the Website, can be used several times by the Client or by a third party to purchase any product on the Website, with the exception of further Gift Cards, until its value is exhausted. The Gift Card is not nominative and cannot be recharged. The Client can purchase one or more Gift Cards for himself/herself or give it/them to a third party. The amount paid for the purchase of the Gift Card will be transferred to Luxury Kids in non-interest bearing deposit and cannot be converted into cash, nor can it be credited on credit card or bank account of the Client. For the same order of products on the Website, more than one Gift Card can be used.
In order to purchase products through the use of a Gift Card, it is necessary to enter, in the appropriate field in the cart page, the code of the Gift Card. In the case in which the total amount of the order is superior to the credit available in the Gift Card, the residual amount will have to be paid by the Customer or by the third party with one of the methods of payment available on the Website, in order to complete the order. Luxury Kids reserves the right to cancel a purchase order paid (totally or partially) by Gift Card in case of non-availability of the products. Prénatal S.p.A. will carry out: Total refund in case of total cancellation of the order. The amount paid by gift card will be re-credited on the same gift card used; any remaining amount paid with another means of payment will be returned through the same means of payment selected by the Customer at the time of order confirmation. Partial refund in case of unavailability of some products purchased. The amount paid by gift card will be refunded by means of discount voucher or re-credit on gift card and other means of payment if used by the customer, the selection of the means of reimbursement will be made in proportion to the amount to be refunded. The customer is expressly warned and declares to be aware that knowledge of the code of the Gift Card allows its use by anyone through the website: this code must, therefore, be diligently preserved and guarded by the customer or any third party to whom it has been communicated. In reference to the use of the Gift Card, it is understood that between the Client or the third party to whom the Gift Card has been given and Luxury Kids will be the result of the entries, also informatics, of the system of sale of Luxury Kids.
3.5 - The buyer expressly attributes to Luxury Kids the faculty to accept even only partially the order made, allowing the direct shipment of the goods within the limits determined by the seller. In such case the contract will be understood perfected relatively to the goods concretely sold. The exceeding amount will be reimbursed, except different agreement, to the buyer within 14 working days from the shipment of the products.
Art. 4 - DELIVERY METHODS
4.1 - Luxury Kids will provide to deliver to the customers, at the address indicated by these, the products selected and ordered, with the modalities foreseen by the previous article, through its own couriers of trust usually within 24/48 hours from the payment of the order.
4.2 - If payment is made by credit card, delivery must necessarily take place at the cardholder's domicile, as declared to the issuer.
4.3 - The purchased goods will be delivered in any case within the terms provided for by Legislative Decree no. 206/2005. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.
4.4 - The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after such verification, and except of course the right of withdrawal provided for in paragraph n. 9 of these conditions of sale, the customer must sign the delivery documents. The signing of the delivery documents implies the unreserved acceptance of the goods by the customer.
4.5 - Luxury Kids is not responsible for damages or delays in delivery caused by the carrier to the purchased products, remaining totally extraneous to the relationships between the same carrier and the client.
4.6 - The customer may in any case that the shipment is made with another carrier of his choice, it being understood that in this case the transport will take place with different timing and at his sole risk, care and expense and that payment can not be made by cash on delivery, but only by advance payment.
Art. 5. AVAILABILITY OF PRODUCTS
5.1- The customer will be able to acquire the products to the conditions indicated in the electronic catalogue prepared by Luxury Kids and in the existing quantities in stock or available from the suppliers of Luxury Kids .
5.2- Luxury Kids does not guarantee the continuous availability of the products to the offered conditions, remaining committed, in case of unavailability and payment of the goods, to inform the customer promptly and to reimburse the price without additional charges, within 30 days.
5.3-In every case Luxury Kids will have the faculty of confirming and/or modifying the indicated price and in this case the consumer will be able to recede before the delivery if the final price is excessively high compared to that originally agreed.
6.1- Luxury Kids does not assume any responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that would prevent, in whole or in part, to execute in the agreed time the contract.
6.2- Luxury Kids will not be responsible towards any party or third party for damages, losses and costs suffered as a result of the non-execution of the contract for the causes mentioned above, having the consumer only right to the restitution of the price paid.
6.3 - Luxury Kids is not responsible for the eventual fraudulent and illicit use that can be made by third parties, of credit cards, cheques and other means of payment, at the moment of payment of the products purchased. Luxury Kids in fact, in no moment of the procedure of purchase is able to know the number of credit card of the purchaser which, opening a protected connection, is transmitted directly to the manager of the banking service.
Art. 7 - GUARANTEES AND METHODS OF ASSISTANCE
7.1 - Luxury Kids commercializes products of high quality level. The subjects producers of such goods offer a guarantee whose minimum duration depends on the type of product purchased. The guarantee begins from the day of the purchase of the good. Such service is directly supplied by the manufacturers of the goods, who are directly and exclusively responsible for the times and the modalities of intervention.
7.2 - In case of lack of conformity, the provisions provided for distance selling by consumer code will be applied.
Art. 8 - OBLIGATIONS OF THE CLIENT
8.1- The consumer agrees and undertakes, once the purchase procedure "on line" is completed, to pay and print and keep these general conditions, which, however, will have already viewed and accepted as a necessary step in the purchase, as well as the specifications of the product purchased, and this in order to fully satisfy the conditions laid down in Legislative Decree no. 206/2005 (Consumer Code).
8.2 - The present general conditions can be updated or modified in any moment by Luxury Kids, which will provide to give communication through its website. The consumer commits himself and obliges, every time a modification of the present general conditions takes place, to provide for their printing and conservation, being well aware that the conditions in force at the moment of the purchase will be applied to his purchase.
8.3 - It is strictly forbidden for the purchaser to enter false and/or invented and/or fictitious data in the registration procedure required to activate the procedure for the execution of this contract and the relative further communications; the personal data and e-mail address must be exclusively the purchaser's real personal data and not those of third parties or fictitious data. It is expressly forbidden to effect double registrations corresponding to a single person or to insert data of third persons. Luxury Kids reserves the faculty to pursue legally every violation, fraudulent action and abuse perpetrated in its comparisons and/or to the damages of other consumers.
8.4 - The customer agrees and undertakes to provide correct shipping data (address, recipient, etc..) and to check before the order the correctness of the same and to verify them later through the vision of the email order summary.
8.5 - The Customer indemnifies Luxury Kids from any responsibility deriving from the issuing of wrong fiscal documents or shipments to wrong addresses due to errors related to the data provided by the Customer, being the Customer the only responsible of the correct insertion.
8.6 - The Customer agrees, before the conclusion of the online purchase procedure to request the issuance of the invoice, indicating the tax data as required by art. 22, paragraph 1, no. 1) of Presidential Decree no. 633/1972 which states: The issuance of the invoice is not mandatory, unless requested by the customer no later than the time of the transaction.
8.7 - The customer undertakes in any case to always act in good faith, with lawfulness and in compliance with the mandatory rules and morality.
8.8- The Customer declares to be aware of not having any right to cede or transfer to any third party, in whole or in part, the contract stipulated by you with Luxury Kids or the rights and/or the faculties due to you according to the present conditions of sale.
Art. 9 - 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 (firstname.lastname@example.org) or Pec(email@example.com) 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/debit card. For the payments effected by cash to the delivery, the reimbursement will be effected, alternatively, on the 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 Card Luxury Kids will credit again the relative sum on the account of the customer or it will distribute a new Gift Card of equal amount.
- 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 request for withdrawal is made by a person other than the consumer who made the purchase or by a customer who does not qualify as a consumer under the Consumer Code;
- 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 successive days to 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;
- the product on which to want to exercise the recess right is a Gift Card partially or integrally used for the purchases of products on the Luxury Kids site or, in the case the Gift Card has not been used and the demand happens within the 14 days from the reception of the code on the mail from the customer, to demand the application of such right is a third different subject from the original buyer;
- 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.
Art. 10 - AUTHORIZATIONS
10.1 - Compiling the appropriate space, present on the website, the Client authorizes Luxury Kids to use their own credit card, or other card issued in substitution of the same, and to debit on their own current account in favour of Luxury Kids the total amount highlighted as the cost of the purchase made "on line". All the procedure is made through protected connection directly connected to the banking institute owner and manager of the service of payment "on line", to which Luxury Kids cannot access.
10.2 - If the consumer should exercise the right of withdrawal, as articulated in paragraph 9 of these general conditions, or in any case where the payment should not result in the completion of the sale, the amount to be refunded will be credited to the same credit card.
Art. 11 - CONTRACT TERMINATION AND EXPRESS TERMINATION CLAUSE
11.1 - Luxury Kids has the faculty to resolve the stipulated contract giving simple communication to the customer indicating the motivation; in such case the customer will have the right exclusively to the restitution of the eventual sum already paid.
11.2 - The obligations assumed by the Customer under art. 8. (Obligations of the purchaser), as well as the guarantee of the good end of the payment have essential character, so that for express agreement, the non-fulfilment, by the Customer, of only one of the said obligations will determine the termination by right of the contract ex art. 1456 cc, without necessity of judicial pronouncement, except for the right for Luxury Kids to take legal action for the compensation of the further damage.
Art. 12 - PRIVACY
12.1. - Personal data are collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the necessary communications; these data are processed electronically in accordance with the laws in force and can be produced only at the request of the judicial authority or other authorities authorized by law.
12.2 - Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the contract and disseminated exclusively for this purpose (eg shipping address and phone number to the courier).
12.3 - Pursuant to art. 7 D.Lgs. 196/2003 and art. 15/22 GDPR, the Customer has the right, where the requirements are met, to: request confirmation of the existence or otherwise of their personal data; obtain information on the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom the personal data have been or will be communicated and, when possible, the period of storage; obtain the correction and deletion of data; obtain the restriction of processing; obtain the portability of data in a structured format for common use; oppose the processing at any time for any purpose; oppose automated decision-making regarding ﬁxed persons, including profiling. to request access to personal data, rectification or erasure, restriction or opposition to processing, as well as to exercise the right to data portability; to withdraw consent at any time without affecting the lawfulness of processing on the basis of the consent given before the revocation; to lodge a complaint with a supervisory authority. The rights may be exercised by making a written request to the offices of Luxury Kids. The owner of the treatment and responsible for the protection of the data is Luxury Kids Srls contactable at the e-mail address: firstname.lastname@example.org.
12.5 - Luxury Kids informs the customers that there is a particular risk of violation of the security of the net, risk that can also be, for the particular nature of the used mean, outside of the scope of application of the measures of minimum security that it is obliged to adopt according to the normative in force.
Art. 13 - ONLINE SETTLEMENT OF DISPUTES 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:
Art. 14 - JURISDICTION AND COURT OF JURISDICTION
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