GENERAL CONDITIONS OF USE
This web site www.accakappa.com with the relative services and contents (hereinafter known as the "Site") is provided for users and/or clients (hereinafter known as the "Users" or the "User") for the promotion and sale of original goods belonging to Acca Kappa trademark and the supply of connected services, such as, for example, the newsletter, the store locator and the contacts form (hereinafter known as the "Purposes").
The Site is managed by H. Krull & C. S.p.A, with its registered offices located in Viale Luzzatti No. 21, 31100, Treviso (Italy), VAT Registration Number 00177470267, enrolled in the Business Register of Treviso No. 90926, capital stock € 520.000 fully paid-up (hereinafter known as "H. Krull & C.").
The access, consultation, registration and any use of the Site and its relative contents and services, such as the purchase of products offered on it (hereinafter known as the ’"Use" or "To Use"), are activities regulated by these general conditions of use (hereinafter known as the " Conditions of Use").
Use of the Site presumes that the User is aware of these Conditions of Use, and shall lead to the unconditional and full acceptance of the same.
Therefore, the User is hereby invited to read carefully the Conditions of Use, as well as the Privacy Information and the General Conditions of Sale, prior to Use the Site.
USE OF THE SITE
1.1. Use of the Site is exclusively authorised for personal reasons that are strictly connected to the Purposes and cannot be traced back, even only partially, to any activity of a professional, entrepreneurial, artisan and/or commercial nature.
1.2. Adults shall be exclusively entitled to use the Site.
1.3. In using the Site, the User shall undertake not to:
a) communicate untrue and/or incorrect information, and/or relative to third parties, without their explicit consent and/or use the same incorrectly;
b) load, communicate and/or send materials, contents, links, files and transmit any other item that:
i. is of an obscene, intimidating, offensive, harmful, violent, fraudulent, confidential or unlawful nature;
ii. constitutes spam, pyramid communications, chains or any form of advertising or commercial or promotional communication unless it has been authorised in writing by H. Krull & C.;
iii. is technically dangerous or harmful, such as, for example IT viruses, malware, codes and other instruments that might damage the IT systems of H. Krull & C. as well as third party ones;
c) interfere, interrupt, damage, infringe and/or tamper with the Site and its regular, functioning capacity;
d) breach the Conditions of Use and the other legal notes of the Site, third parties’ rights, and/or any provision in the legislation that is currently in force, such as, by way of an example, the (Italian) Law No. 633, dated 22nd of April 1941 on copyright and the (Italian) Legislative Decree Law No. 196, dated 30th of June 2003, concerning personal data protection.
1.4. H. Krull & C. has the right, at any time whatsoever, to interrupt, suspend and/or revoke, even at its own discretion, and without having to provide any reason whatsoever, the Use of the Site.
- INTELLECTUAL AND INDUSTRIAL PROPERTY AND ON DATA BANKS RIGHTS
2.1 Any right concerning the contents present or made available on the Site or connected with it, by way of an example but not limited to the same, texts, images, photographs, musics, sounds, video, designs, logos, graphics, layouts, source codes, software, design, the technical solutions adopted and the structure produced for the Site, data banks (hereinafter known as the "Contents"), is held by H. Krull & C. and the relative owners who entertain directly and/or indirectly commercial relations with the same and it is protected by the national and international laws in force on the subject of the protection of intellectual and/or industrial property rights and/or data banks.
2.2 Except for any temporary reproduction of the Contents for activities without any economic relevance and strictly connected with the Purposes, it is strictly forbidden to amend, reproduce, publish, transfer, divulge and/or use, otherwise, in any form or way, the Contents, without the explicit authorisation in writing of H. Krull & C..
2.3 The User cannot undertake any operation that might contrast with the H. Krull & C. regular management of the data bank, and the relative owners who entertain, directly and/or indirectly commercial relations with the same, or which might cause unjustified prejudice to the same.
2.4 Within the limits of what has been envisaged by the national and international legislation in force concerning the protection of intellectual and industrial property rights and/or data banks, it is strictly forbidden to systematically extract and/or use the Contents of the Site, by means of data mining, robots and other systems aimed at acquiring and extracting data, as well as producing and/or divulging data collections that reproduce, either totally or partially, the Contents of the Site and the services supplied, without the explicit authorisation in writing of H. Krull & C..
TRADE MARKS AND DOMAIN NAMES
3.1 Trademarks, domain names and all the other distinctive signs contained and/or connected with the Site belong exclusively to H. Krull & C. or the respective owners who entertain, directly and/or indirectly, commercial relations with the same.
3.2 Use of the aforementioned distinctive symbols, in any way whatsoever, is strictly forbidden without the explicit authorisation in writing of H. Krull & C., and that of the respective owners.
3.3 Use of H. Krull & C.’s name, as well as of the name of those who entertain, directly and/or indirectly commercial relations with the same is, in any case, strictly forbidden, as well as the use of the distinctive symbols, such as, for example, domain names and trade-marks, by means of metadata (such as, for example, meta-tags e keyword-tags), without the written authorisation of H. Krull & C. or that one of the respective owners
LINKS TO OTHER WEB SITES
4.1 The Site may have hypertext links to other web sites, which may have no connection whatsoever to the Site.
4.2 Such links have been exclusively indicated by H. Krull & C. to facilitate the web Users navigation and connections towards other web sites.
4.3 Indication of a link shall not imply any kind of suggestion, sponsorship and/or recommendation by H. Krull & C. to Use the connected web sites, nor any kind of warranty concerning the relative contents, services and/or goods offered and/or sold by the same.
4.4 H. Krull & C. does not control, in any way whatsoever, the web sites connected by links, nor the information, materials and products contained in them and, therefore, the User hereby acknowledges and recognises that H. Krull & C. cannot be held responsible for the actions, services, products, contents and the policies in force on such web sites even in relation to personal data processing and conditions of sale.
LINKS TO THE SITE
5.1 It is possible to activate hypertext links to the Site, further to being authorised by H. Krull & C. to do so. To this purpose, you should contact H. Krull & C. at the following e-mail address: firstname.lastname@example.org.
H. Krull & C. is, at any time, entitled to oppose the activation of direct links to the Site, even in consideration of the previous adoption by the applicant of unfair commercial practices or not in compliance with sector uses, or rather unfair competition or actions discrediting H. Krull & C.
5.2 The activation of deep hypertext links is strictly forbidden (such as, but not limited to, deep links or deep frames) to the Site, without the written authorisation of H. Krull & C..
PERSONAL ACCOUNT USE
6.1 The User shall undertake to supply accurate and complete data during the personal account registration phase, and to promptly inform H. Krull & C. about any changes to the information supplied.
6.2 The User who is in possession of a personal account on the Site shall undertake to keep his/her access credentials confidential and monitor the regular operating capacity of the same account and immediately inform the competent authorities of its use or an attempt to use his/her account by unauthorised third parties.
6.3 The User hereby accepts that he is the solely responsible for all the actions initiated by means of his/her account, as well as all the damaging consequences or prejudice that might be caused to H. Krull & C. or third parties, further to using his/her personal account in breach of the General Conditions of Use, the other legal notes set forth on the Site and/or applicable provisions in force, as well as the loss and theft of his/her access credentials.
6.4 Notwithstanding, the entitlement of H. Krull & C., at any time whatsoever, to suspend, amend or cancel each personal User account in case of breach of the Conditions of Use, other legal notes contained on the Site, legislative provisions in force or at the unquestionable judgement of H. Krull & C. and without any kind of motivation.
WARRANTIES AND REPONSIBILITY FOR USING THE SITE
7.1 H. Krull & C. hereby supplies the Site in its current state in fact and in law, without any kind of warranty, explicit or implicit, for the User. H. Krull & C. does not guarantee the regular operating capacity of the Site and of those which are connected to it, even indirectly, nor the adequacy of the Site for specific aims, nor that the information, the contents and all the other elements on the Site are updated and free of errors and/or omissions.
7.2 H. Krull & C. shall not be held liable for any damages incurred through using the Site as well as the third party sites, which are, even indirectly, connected, such as, by way of an example, any damages incurred to IT systems, the loss of data or commercial opportunities, as well as damages caused by an interruption to economic activities or derived from Site’s errors, delays, omissions and inaccuracies.
7.3 The User is the sole party responsible for the Use of the Site. No responsibility whatsoever can be attributed to H. Krull & C. in relation to the Use of the Site by the User, which runs contrary to the legislative provisions in force, the legal notes set forth on the Site and/or damaging to third party rights. The User shall undertake to hold H. Krull & C. harmless from all charges and damages, including any legal fees that might be caused by his/her Use of the Site in breach of the legislative provisions in force, the legal notes contained in the Site and/or damaging to third party rights.
7.4 The User acknowledges and accepts that H. Krull & C. cannot be retained as being in breach of its obligations, nor responsible for any damages incurred by the lack or incorrect functioning of the User’s own and/or third party hardware and software components, telephone and/or telematics connections that are not managed by H. Krull & C. directly, as well as the actions of other Users and/or third parties.
7.5 It remains understood that the provisions of this article, including the esclusions of warranty, the limitation of liability and the indemnifies, shall be applied if permitted, either totally or partially, by the applicable law and within the maximum extent admitted by the same.
9.1 Notwithstanding what has been envisaged in the legislative provisions in force, H. Krull & C. shall be entitled to amend – at any time whatsoever and without being obliged to communicate – any information, contents or other elements present on the Site.
9.2 The fact that H. Krull & C. and/or any third parties which entertain with the same directly and/or indirectly business relations, delay or omit to assert their entitlements on the basis of the Conditions of Use, the other legal notes of the Site and the legislative provisions in force, does not constitute a waiver to assert this right, in relation to any actions initiated or which may be initiated in the future.
10. APPLICABLE LAW AND DISPUTE SETTLEMENT
10.1 These General Conditions of Use are regulated by the Italian Law.
10.2 In case of disputes arising out of the General Conditions of Use between H. Krull & C. and the User, the User shall be entitled, by the link, https://webgate.ec.europa.eu/odr, to access the platform for the online settlement of disputes supplied by the European Commission.
11. AMENDMENTS TO THE CONDITIONS OF USE
11.1 H. Krull & C. shall be entitled, either totally or partially, to amend these Conditions of Use, even in considerations of any, legislative changes and/or its own, commercial policies. Any amendments to the Conditions of Use shall be communicated to the Users on this page of the Site, and shall become binding as soon as they are published on the Site.
11.2 The User shall be subject to the regulations set forth in the General Conditions of Use, which are, from time to time, in force, when the User Uses the Site.
12. CUSTOMER CARE
12.1 For any further information, advice, complaint and/or other requests, the Client shall be entitled at any time to contact the Customer Service of H. Krull & C. by the Contacts form or the following references:
- by e-mail: email@example.com;
- by post: H. KRULL & C. SPA, Viale Luzzatti, 21 – 31100 Treviso – Italy .
GENERAL CONDITIONS OF SALE
2. purchase of Products
3. Price of Products and Payment Procedure
4. Products delivery
5. Import Taxes and Customs Duties
6. Withdrawal Entitlement
7. Legal Guarantee of Conformity
8. Applicable law and Dispute Settlement
10. Amendments of the Conditions of Sale
11. Customer Care
1.1. These general conditions of sale (hereinafter known as the "Conditions of Sale") shall regulate the distance selling on this web site www.accakappa.com (hereinafter known as the "Site"), of original products belonging to “Acca Kappa” trademark (hereinafter known as the “Products”).
1.2. The Products are sold by H. Krull & C. S.p.A., with its registered offices located in Viale Luzzatti n. 21, 31100, Treviso (Italy), Vat No. 00177470267 (hereinafter known as the "Seller").
1.3. The Seller, by means of the Site, shall offer the Products for sale exclusively in relation to its final end-users, who are adults and "consumers" (hereinafter known as the "Client"), that are natural persons who do not act in relation to any commercial, entrepreneurial, artisan or professional activities that might be, eventually, conducted.
1.4. The offer of the Products by the Seller refers exclusively to the countries set forth in the list of shipment countries listed on the Shipping policies page of the Site.
1.5. The language available to the Client for the conclusion of the purchase order is English.
1.6. The Seller, therefore, shall be entitled not to process any order from minor individuals, other than the "consumer", from countries that are not included among the shipment countries and/or, in any case, orders that are not in compliance with its own commercial policy.
1.7. The Conditions of Sale apply exclusively to the sale of Products on the Site by the Seller and not to the sale of goods or supply of services by individuals other than the Seller, even if they are achievable from the Site by links or other linking methods. The Seller, therefore, shall not be held liable, in any way whatsoever, for the agreements between the Client and third parties.
2. PURCHASE OF PRODUCTS
2.1. Each Product on sale on the Site is accompanied by a photo, a description and the indication of the sale price (including all the applicable taxes and charges at net of shipment fees). It should be noted that the graphic representation of the Products may differ from the real one, even considering the internet browser and/or the monitor used by the Client.
2.2. The Client, in order to purchase one or more Products on the Site, must select the single chosen Products. In order to complete the purchase, it is sufficient to select, for each Product, the quantity and any required variant and to confirm the selection adding the Product to the shopping trolley. In this way, the Products are added to the virtual shopping trolley in which the Client may add other Products, or delete or modify the selected Products.
2.3. Once he/she has selected the Products, the Client must go to the “checkout” on the shopping trolley web page, complete the order form electronically in compliance with the relative instructions, and send it to the Seller.
2.4. The purchase orders of the Products may be made by the Client both by means of his/her personal account, if he/she has registered his/her details on the Site, or as a "guest", supplying, in this case, the personal details required to process the order. In order to get a personal account, the Client shall make a registration on the Site, with the indication of all the required data.
2.5. Prior to sending the purchase order form, the Client can check the order details, as well as identify and correct any mistakes in entering the data.
2.6. Prior to going ahead with purchasing the Products, the Client shall undertake to read the Conditions of Sale, which can also be memorised and/or copied. The Client, by sending the order form, hereby declares that he/she has understood and approved the contents set forth in the form, as well as accepted the Conditions of Sale and Use of the Site whilst, if he/she did not, he/she shall not purchase the Product.
2.7. When the order form is sent by the Client, this implies that the latter has undertaken to pay the price indicated in the order.
2.8. The purchase of the Product shall be considered completed once the order will be accepted by the Seller who will send by e-mail the relative confirmation to the Client (hereinafter known as the “Order Confirmation”).
2.9. The Order Confirmation is sent to the Client at the latest within 2 working days from the receipt of the order and indicates a summary of the Conditions of sale, the information concerning the essential features of the Products and the specific indication of the price (including all the applicable taxes or duties), the procedure of payment and the delivery costs, the conditions and procedures for asserting the withdrawal entitlement and the information on after sale customer services.
2.10. All the Products on the Site are generally available in the warehouse. In case of unexpected events due to a temporary unavailability of one or more Products, as well as in case of delays with the delivery of the Products, the Client shall be promptly informed by e-mail.
2.11. The Seller is entitled not to accept any purchase order if the information provided by the Client are incomplete, incorrect or misleading (by way of an example, in case of incorrect or insufficient payment details, incorrect billing estimate, incorrect or incomplete shipment address), or in the event of insufficient warranties on Client’s solvency, unavailability, even temporary, of the Products and/or errors in the indication on the Catalog of the sale price and/or of the features of the Product ordered by the Client. In these foresaid cases, the Seller will promptly inform the Client of the rejection of the purchase order by e-mail and, if he/she has already paid the price, repay the amount paid.
2.12. The order form shall be archived by the Seller for the time required to process the purchase order and, in any case, in compliance with the terms of the legislation in force. The Client, if registered on the Site, shall be able to see the orders made, entering in his/her personal account and consulting the specific section of the Site. The Client who has made the purchase as a "guest" shall be entitled to check the orders by contacting the Customer Service, as indicated in paragraph 11 "Customer Care" herebelow.
3. PRICE OF PRODUCTS AND PAYMENT PROCEDURE
3.1. The sale price of each Product is indicated on the Site in Pound currency including all the applicable taxes and duties at net of the delivery costs which shall be pointed out apart during the purchase procedure.
3.2. The Product’s prices on the Site may be subject to variations over time and/or depending on the shipment country. The Client shall undertake, therefore, to check the final sale price of each Product prior to sending the relative order form.
3.3. For the payment of the purchased Products and the relevant shipment costs, the Client is entitled to use the following procedure:
- PayPal payment circuit;
- Credit cards available on the PayPal payment circuit;
- Bank transfer at the following coordinates:
BANK: Banca Nazionale del Lavoro
H. KRULL E C. SPA
Viale Luzzati 21 - 31100 Treviso
phone: +39 0422 359600 - fax: + 39 0422 308056
4. PRODUCTS’ DELIVERY
4.1. The Products validly purchased shall be sent by express courier service (national and international) to the address indicated by the Client for the delivery.
4.2. For the delivery of the Products it will be required to the Client to pay a fee as indicated on the Shipping policies page of the Site and which shall be, in any case, pointed out during the purchase procedure.
4.3. The delivery of the Products will only take place after the payment of the amount indicated in the order, including the Product price and the related shipping costs, has been regularly recorded and confirmed.
4.4. The shipped Products are delivered within the following terms:
- for deliveries in Italy, within 4-5 working days from the shipment;
- for deliveries to European Union countries, within 6-7 working days from the shipment;
- for deliveries to non-EU countries, within 8-9 working days from shipment.
Shipments are made from Monday to Friday excluding public holidays. Any changes to the above terms will be promptly communicated by e-mail to the Client.
4.5. The Seller ships in every country indicated during the recording procedure and, in any case, on the Shipping policies page of the Site. However, there could be cases in which customs issues prevent the delivery of the ordered Products. In this case, the Client shall be promptly informed by e-mail.
4.6. The Seller reserves to himself/herself the right to apply facilitated shipment conditions, both for Italy and abroad, previously communicating the offer conditions on the Site.
5. IMPORT TAXES AND CUSTOMS DUTIES
5.1. Sold Products are not subject to any import duties or customs duties, if the Product is sold and delivered in Italy or within the European Union.
5.2. In case of deliveries to non-EU countries, the Products may be subject to import duties and/or customs duties depending on the type of Product and the country of destination. It is not possible to foresee in any way whether and what costs should be incurred for the customs clearance of the Products. In any case, any costs relating to import duties and/or customs duties shall be charged on the Client.
5.3. For more information, you can contact the customs office of the country of delivery of the Product.
6. WITHDRAWAL ENTITLEMENT
Asserting the withdrawal entitlement
6.1 The Client shall be entitled to withdraw from the agreement executed with the Seller, free-of-charge and without having to explain the reasons, within 14 working days effective from the date of delivery of the Products to the Client, or to a third party authorised by the same.
6.2 The Client, in order to assert his/her withdrawal entitlement, shall be entitled to send an explicit and written communication concerning his/her decision to withdraw from the agreement to the Seller supplying his/her references (such as his/her name, surname, address and e-mail), the dates on which the Products were ordered and when they were received, the order number and the relative Products purchased; for this purpose, the Client shall be entitled to use the model withdrawal form, not compulsory, referred to in Annex I of the (Italian) Legislative Decree Law No. 21, dated 21st of February 2014. The withdrawal communication must be sent to the Seller:
- by e-mail: firstname.lastname@example.org;
- by fax: +39 0422 308056;
- by post: H. Krull & C. S.p.A., Viale Luzzatti n. 21, 31100, Treviso (Italia).
6.3 The Client shall be held liable for the reduction in value of any Products which has been caused by an adulteration of the Products other than that one which is required to establish the Products’ nature, characteristics and operating capacity.
6.4 The withdrawal entitlement cannot be asserted if the:
- sealed Products cannot be returned for reasons of hygiene or connected with health protection, and which have been opened after delivery;
- Products take the risk of deteriorating or going off quickly;
- Products are tailor made or customised;
- Products, after delivery, have been inextricably mixed with other goods.
Return terms and conditions
6.5 Products that are subject to withdrawal must be returned to the Seller with their packaging and identification tags.
6.6. In order to complete the return, the Client shall undertake to send the Products back, within 14 days effective from the date on which the Client sent the Seller the relative withdrawal form, to H. Krull & C. S.p.A., Viale Luzzatti n. 21, 31100, Treviso (Italia), with the indication of the date and order number and his/her personal account information.
6.7 Payment of the costs incurred by returning the Products shall be charged on the Client.
Reimbursement terms and conditions
6.8. Once the Products have been received, the Seller shall ascertain the compliance with the terms and conditions set forth under Article 6.
6.9. If this ascertainment is successful, the Seller shall undertake to send to the Client, by e-mail, the acceptance confirmation of the Products which are subject to withdrawal and shall reimburse all the payments made by the Client, including the delivery costs. However, the Seller shall not be obliged to reimburse any supplementary delivery costs, if the Client explicitly chose a type of delivery other than the cheaper one offered.
6.10. Whatsoever payment method is adopted by the Client, reimbursement shall be activated by the Seller without delay and, in any case, within 14 days from the date on which the Seller received the withdrawal communication. Reimbursement may be suspended by the Seller until the receipt of the Products or until the Client has proven that he/she has sent the Products back, if previous thereto.
6.11. The Seller shall reimburse with the same method of payment that had been used by the Client for the initial purchase, unless explicitly agreed otherwise. If there is no match between the recipient of the Products indicated in the order form and the individual who paid for the purchase, reimbursement of these amount shall be made in favour of the individual who paid, unless otherwise agreed.
6.12. In any case, the Client shall non pay any cost as a consequence of the foresaid reimbursement.
7 LEGAL GUARANTEE OF CONFORMITY
7.1 Besides the warranty provided for any faults of the sold good, the Seller shall provide the Products with a legal warranty of conformity, in compliance with what is stated in Heading III, part IV of the (Italian) Legislative Decree Law No. 206, dated 6th of September 2005 (the so-called Consumer Code). This warranty envisages that the Seller shall be liable for any lack of conformity in the Products sold, where the same becomes apparent within 2 years as from delivery of the Products.
In order to benefit from his/her rights, the Client must inform the Seller of the lack of conformity of the Product within a period of 2 months from the date on which he/she detected such lack of conformity.
In the case of a lack of conformity reported within the foresaid terms, the Client may require the Seller to repair the good or to replace it, in either case free of charge, unless the required remedy is impossible or disproportionate compared to the other one. Furthermore, the Client may require an appropriate reduction of the price or have the contract rescinded in the event that the repair and the replacement are impossible or disproportionate, the Seller has not completed the repair or the replacement of the good within a reasonable time or the previous replacement or repairs have caused a significant inconvenience for the Client.
In order to benefit from this guarantee of conformity, it is required to keep and show the Product’s purchase documents.
For more information concerning the consumer legal guarantee of conformity, the Client should consult the (Italian) Legislative Decree Law No. 206, dated 6th of September 2005, the so-called “Consumer Code”.
8. APPLICABLE LAW AND DISPUTE SETTLEMENT
8.1 All the concluded agreements are regulated by the Italian Laws and, if applicable, by the provisions set forth in the (Italian) Legislative Decree Law No. 206, dated 6th of September 2005, the so-called "Consumer Code" and by the (Italian) Legislative Decree Law No. 70, dated 9th of April 2003, on some of the aspects concerning E-commerce.
8.2 In case of any disputes arising, between the Seller and the Client, out of the Conditions of Sale, the Client shall be entitled to access by means of the link https://webgate.ec.europa.eu/odr to the platform for the online settlement of disputes supplied by the European Commission.
10. AMENDMENT OF THE GENERAL CONDITIONS OF SALE
10.1 The Conditions of Sale may be amended, either totally or partially, by the Seller, even in relation to any legislative changes that might arise. The new version of the Conditions of Sale shall enter into force at the moment in which it will be published on the Site.
10.2 The Conditions of Sale applicable to each agreement entered into between the Seller and the Client shall be those in force on the date in which the purchase order was sent by the latter.
11. CUSTOMER CARE
11.1 In case of any assistance concerning the Products, or any further information, advices, complaints and/or requests, the Client shall be entitled to contact the Seller’s customer service by means of the Contacts form or the following references:
- by e-mail: email@example.com;
- by post: H. Krull & C. S.p.A., Viale Luzzatti n. 21, 31100, Treviso (Italia).