Terms and Conditions

OUR DATA

The sale of products through this site is managed by

Kibel srls

Orange Avenue 85

Saint Egidio of Mount Albino

84010(SA)

VAT number 06212440652
CF 06212440652

YOUR DATA AND YOUR ACCESS TO OUR WEBSITE

The information or personal data provided by the user will be processed in accordance with the policy. By using the website, you authorize us to process such information and personal data and you represent that all information and/or personal data provided to us is accurate and truthful.

USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:
(i)use the website only to make legally valid inquiries or orders;
(ii) not to place false or fraudulent orders. If we have reasonable grounds to believe that an order of this nature has been placed, we will be entitled to cancel it and inform the relevant authorities;
(iii) provide us with your email address, postal address and/or other contact details truthfully and accurately. You also consent to our use of this information to contact you (if necessary, please see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you warrant that you are of legal age (18 years or older) and have the legal capacity to enter into binding contracts.

SERVICE AVAILABILITY

The items offered through this website are available exclusively for delivery in Italy and Europe.

METHODS OF PERFECTION OF THE CONTRACT

The information in these Conditions and the details contained on this website do not constitute an offer to the public, but rather a mere invitation to make a contractual proposal. No contract will exist between you and us in relation to any products until your order has been explicitly accepted by us. If your offer is not accepted and your account has already been debited, the amount of the same will be refunded to you in full.

To place an order, you must follow the online purchase process and click on “Authorise Payment”. You will then receive an email confirming receipt of your order (the “Order Confirmation”). Please note that this does not constitute acceptance of your order as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our approval, of which you will be informed by an email confirming that your order is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between us and you (the “Contract”) will only be concluded when we send you the Shipping Confirmation.

Only the products listed in the Shipping Confirmation will form the subject of the Contract. We will not be obliged to supply you with any other products which you have not ordered until we have confirmed in the Shipping Confirmation that such products have been dispatched.

PRODUCT AVAILABILITY

All orders for products are subject to availability. In this sense, in the event of supply problems, or if there are no items in stock, we reserve the right to provide you with information regarding substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such substitute products, we will refund all amounts you may have already paid.

REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on this website. Although we will always make every effort to process all orders, there may be exceptional circumstances which require us to refuse to process orders after we have sent you an Order Confirmation, and we reserve the right to do so at any time. We will not be liable to you or any third party for removing any product from this website, for removing or editing any material or content on this website, or for failing to process your order after we have sent you an Order Confirmation.

DELIVERY

Without prejudice to the provisions of the previous article "availability of products" and except where extraordinary circumstances occur, we undertake to do everything in our power to send the order of the product(s) indicated in the relevant Shipping Confirmation within 5 working days and, in any case, within the maximum term of 30 days from the date of the Order Confirmation. However, delays may occur for various reasons such as the occurrence of unforeseen circumstances or the delivery area. If for any reason we are unable to meet the delivery deadlines, we will inform you and give you the options of continuing the purchase by setting a new delivery date, or cancelling the order, with the consequent refund of the full amount paid. Please note that home deliveries are not made on Saturdays and Sundays,

IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, we will try to find a safe place to leave it. If this is not possible, your order will be sent to our warehouse. In this case, we will leave you a notice specifying the location of your order and how to arrange a new delivery. If you are unable to be present at the delivery location at the agreed time, please contact us again to arrange a new delivery date. If delivery cannot take place for reasons not attributable to us after 30 days from the date on which your order is available for delivery, we will assume that you intend to terminate the Contract, which will therefore be considered terminated. As a result of the termination of the Contract, we will refund all amounts paid by you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the ordinary method offered by us) without undue delay and, in any event, within 14 days from the date of termination of the Contract. Please note that the transport resulting from the termination of the contract may have additional costs that will be borne by you.

TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

The risk in the products will pass to you from the moment of their delivery. You will acquire ownership of the products as soon as we have received full payment of all sums due in relation to them, including delivery charges, or at the time of delivery if this occurs at a later time.

PRICE AND PAYMENT

Price
The price of the products will be as quoted on our website from time to time, except in the case of obvious error. Although we make every effort to ensure that all prices appearing on the website are correct, errors may occur. If we discover an error in the price of any products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be cancelled and you will be refunded the full amount paid. We will not be obliged to supply you with the product(s) at the incorrect lower price (even if we have already sent you a Dispatch Confirmation) if the error in the pricing is obvious and unmistakeable and could reasonably have been recognised by you as an error. Prices on the website include VAT but exclude delivery charges, which are in addition to the total amount payable. Prices are subject to change at any time; however (except as previously stated) possible changes will not affect orders for which we have already sent an Order Confirmation. Once you have selected the items you wish to purchase, those items will be added to your shopping cart and the next step will involve completing the order and making payment. To do so, you will need to follow the purchasing instructions, entering or verifying the information requested at each stage of the purchasing process.

Payment
You can pay by Visa, Mastercard credit cards, via PayPal and bank transfer. To reduce the risk of unauthorised access, your card details will be encrypted. Your order will be charged once we have received your order. Credit cards will be subject to verification and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be liable for any delay or failure to deliver and we will not be able to enter into any Contract with you. During the purchase process, before finalising the payment, in accordance with the general conditions of purchase, you will be able to modify the details of your order. You will then have to choose your preferred payment method and decide whether or not to request a courtesy receipt (if available), before ordering. Please remember that your order will be binding according to the methods of completion of the Contract set out in these Conditions. Payment can be made by Visa, Mastercard and the provisions described above will apply with regard to validation checks and card authorisation.

VAT (VALUE ADDED TAX)

In accordance with the legislation in force, each purchase made through the website will be subject to Value Added Tax (VAT).

RETURN/EXCHANGE POLICY

Right of withdrawal by law
Right of withdrawal

If you are contracting as a consumer, you will have the right to withdraw from the Contract within 14 days without having to provide any reason. The withdrawal period referred to in the previous paragraph ends after 14 days from the day on which you, or a third party other than the carrier and designated by you, acquires physical possession of the goods or, in the case of multiple goods ordered through a single order and delivered separately, ends after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last good. To exercise the right of withdrawal, you must inform us by filling in the form on the site in the "contacts" section.

Effects of withdrawal
If you withdraw from the Contract, we will reimburse to you all payments received from you, including delivery costs, without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from the Contract. Such reimbursements will be made using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement. The reimbursement remains suspended until we have received and verified the condition of the goods or. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Change size
Without prejudice to the provisions of the preceding paragraphs, once you have received the item, if you wish to change the size of the purchased product, you may request a size change without additional delivery costs for the new product, provided that you return the original item in the same condition in which it was delivered, free of damage and within the terms established in these Conditions. To exercise the right of withdrawal, you must inform us by filling out the form on the site in the "contacts" section under "return".

Return of defective products
In the event that you believe that at the time of delivery the product does not appear to be compliant with the provisions of the Contract, you must immediately contact us by filling out the form on the site in the "contacts" section under "returns". Once returned, we will carefully examine the returned product and will inform you by email, within a reasonable time, whether we will proceed with the refund or replacement of the product (depending on the case). The refund and/or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date of sending an email from us in which we will confirm that we will proceed with the refund or replacement of the unsuitable item. The amount paid for the products that will be returned due to damage or defect, if actually existing, will be refunded in full, including the delivery costs incurred for sending the item and for the return by you. The refund will be made via the payment method used to make the purchase.

RESPONSIBILITY AND DISCLAIMER

Except where otherwise provided in these Terms, our liability in respect of products purchased on our website shall be limited solely to the purchase price of the product in question. Without prejudice to the foregoing, our liability shall not be excluded or limited in the following cases:
a) Death or personal injury resulting from our negligence;
b) Cases of fraud or fraudulent activity; or c)
c) Any circumstance where it would be illegal or unlawful for us to exclude, limit or attempt to limit or exclude our liability.

Without prejudice to the preceding paragraph and to the extent permitted by applicable law, and except where otherwise provided in these Terms, we will not accept any liability for indirect damages, such as:
i. loss of profit;
ii. loss of business volume;
iii. loss of profits or loss of contracts; iv. loss of anticipated savings;
v. data loss; as well as vi. wasted office administration time.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website, unless expressly stated otherwise. All product descriptions, information and materials appearing on the website are provided “as is” and without express or implied warranties, except those provided by law. In this sense, if you are contracting as a consumer or user, we undertake to deliver products that are in conformity with the Contract, remaining responsible for the lack of conformity existing at the time of delivery. It is understood that the products are in conformity with the Contract if (i) they comply with the description given by us and possess the qualities presented on this website, (ii) they are suitable for the use for which the products are normally intended, (iii) they display qualities and characteristics that are normal in products of the same type and that can reasonably be expected. To the extent permitted by law, we exclude all warranties, except those that cannot be lawfully excluded with respect to consumers and users. Our products feature the natural characteristics of the materials used in their manufacture. Natural characteristics such as grain, surface texture, knots or colour variation should not be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials should be expected and appreciated. We select only the highest quality products but this type of variation is inevitable and must be accepted as part of the characteristic appearance of the product. These provisions do not in any way limit the rights recognised to consumers by current legislation or your rights to cancel the Contract.

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content presented as part of the website are owned by us or our licensors. You may only use such material in the manner in which you receive express permission from us or our licensors. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

VIRUSES, PIRACY AND OTHER RISKS OF CYBER ATTACK

You must avoid any improper use of this site and avoid introducing viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If you are not authorized, you must not access the website or the server where it is hosted or any other server, computer or database related to our website. You undertake not to carry out DoS attacks against this website. Failure to comply with this clause may result in violations defined by the relevant legislation. In the event of failure to comply with the aforementioned legislation, we will inform the competent authorities with whom we will collaborate to identify those responsible for the attack. Likewise, in the event of failure to comply with this Article, your authorization to use the website will be immediately withdrawn.

To the fullest extent permitted by applicable law and in compliance with the fundamental rights of consumers, we decline all liability for any damage or loss resulting from a denial of service attack, virus or other programs or materials that may cause technological damage to your computer, computer equipment, data or materials as a result of your use of our website or the downloading of content from it or that redirect you to it.

LINK FROM OUR WEBSITE

Where our site contains links to other pages or materials of third parties, these links are provided for information purposes only, without our control over the content or materials contained in such pages or sites. Therefore, we decline all responsibility for any damage or loss arising from their use.

WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you will be in writing. By using this website, you accept that most communications between you and us will be in electronic format. We will contact you by email or by providing you with information by placing notices on this website. For contractual purposes, you consent to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This provision does not limit in any way your rights under applicable law.

NOTIFICATIONS

All notices to us should be sent preferably using our online form. Notices will be deemed to have been received and properly served when posted on our website, 24 hours after an email is sent, or three days after the date of posting. In proving service of a notice, it will be sufficient to prove, in the case of a letter, that it was properly addressed, stamped and delivered to the postal service and, in the case of an email, that it was sent to the email address of the addressee.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on both you and us, and on our respective successors and assigns. You may not transfer or assign the Contract, or any of your rights or obligations under it, in any way without our prior written consent. We may transfer, assign, sub-contract or otherwise dispose of the Contract, or any of your rights or obligations under it, in any manner and at any time. For the avoidance of doubt, any transfer, assignment, sub-contract or other disposal of the Contract will not affect your rights as a consumer or in any way affect, reduce or limit any of the warranties or liabilities given by us, whether express or implied.

FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event means any act, event, non-happening, omission or accident beyond our reasonable control; this includes, but is not limited to, the following:
1. Strikes, lockouts or other industrial action.
2. Riots, riots, invasion, terrorist attacks or threats of terrorist attacks, war (declared or undeclared) or threats of war.
3. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters.
4. Inability to use railways, shipping, air, motor transport or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or restrictions of any government.
7. Any strike, disaster or accident involving shipping, post or other means of transport. It is understood that the performance of the obligations under the Contract will be suspended for the duration of the Force Majeure Events. We will be granted an extension of time to perform the Contract equal to the duration of such period. It is understood that, even during the Force Majeure Events, we will endeavour to find a solution by which to comply with our contractual obligations.

WAIVER

If we fail, during the performance of the Contract, to insist on the exact performance of any of your obligations, or of any of the obligations provided for in these General Conditions, or again, we fail to exercise any of the rights or actions to which we are entitled under the Contract or these General Conditions, this will not constitute a waiver of such rights or actions and will not relieve you from the performance of the related obligations. Any tolerance by us in the face of a breach by you will not constitute a waiver of the right to react in the face of a subsequent breach. No waiver by you in respect of any of your obligations under the Contract or these General Conditions will be valid unless communicated in writing.

PARTIAL INVALIDITY

If any article of the General Conditions, or part thereof, or any of the provisions of the Contract, should be deemed invalid, illicit or inapplicable by the competent authority, such article, clause or provision will be considered as not having been inserted while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.

INTEGRITY OF THE CONTRACT

These Terms and Conditions, and any document expressly referred to in them, represent the entire agreement between you and us relating to the subject matter of the Contract and supersede any previous agreement, understanding or arrangement between us, whether oral or in writing. You and we acknowledge that, in entering into the Contract, neither you nor we have relied on any representation, undertaking or promise made by the other party, or inferred from anything said or written in dealings prior to the Contract, but only on what is expressly stated in these Terms and Conditions. You and we shall be entitled to remedy any untrue statement made by the other party, whether orally or in writing, prior to the date of each Contract (unless such untrue statement was made fraudulently) and the only remedies available to the other party will be for breach of the Contract as provided in these Terms and Conditions.

RIGHT TO MODIFY THESE TERMS

We reserve the right to review and modify these Terms at any time; you will be subject to the General Conditions in force at the time of your order.

APPLICABLE LAW AND JURISDICTION

The use of our website and the purchase contracts for products through this website are governed by Italian law. For any dispute arising from or relating to the use of the website or such contracts, the Court of the place of residence or domicile of the consumer will have jurisdiction. If you are entering into the Contract as a consumer, this clause does not in any way affect the rights that the law recognizes to you as a consumer.