The current conditions of sale apply to any item bought from Kream Wear, through the Website: www.kream-wear.com (henceforth “the Website”) and the customer accepts these on confirmation of their order.
1.1 These Terms and Conditions concern:
“General Conditions”: the terms of purchase;
“Client”: means any natural person who carries out an order for trade purposes, business, craft or any profession;
“Agreement”: means any agreement between Kream Wear and a customer about the purchase by the last of one or more products;
“Order”: any proposal in electronic form regarding the purchase of one or more products, made by the customer on Kream Wear
“Website”: the website www.kream-wear.com
“Products”: means the products offered for purchase on the site www.kream-wear.com
2.1 These General Purchase Conditions have as their object the sale of products made online via the website e-commerce service.
2.2 These Terms and Conditions form an integral and essential part of the purchase contract of any product on the site.
2.3 The submission of an order implies the approval by the customer.
2.4 The customer must carefully read the Terms and Conditions that have been published on the site, in order to allow the knowledge and the storing and playing by the Customer in accordance with Article 12, paragraph 3, of Legislative Decree April 9, 2003, n. 70).
2.5 A copy of the General Conditions will still be sent by the seller to the customer, via e-mail. Contracts concluded with clients will be archived by the seller, with the possibility for customers to access the website through their account.
2.6 The products sold on the site may be purchased and delivered to the countries specified in the Order Form. Any orders for shipments to be made outside of these countries will be automatically rejected during the order processing procedure.
- Reference Statement
3.1 The contracts concluded with the seller through the site are governed by the Italian Civil Code and, in particular, by Legislative Decree 6 September 2005, n. 206 (hereinafter, “the Consumer Code”) and Legislative Decree 9 April 2003, n. 70.
- The Seller and Customer
4.1 The products are sold directly by the company Kream Wear. For any request of information, it is available the customer service Kream Wear
4.2 These Terms do not regulate the sale of services and / or products other than the Seller via links, banners or other hypertext links that may be present on the Site. The Seller is not liable for the provision of services by third parties other than by Seller.
4.3 The products are sold to the customer identified by the data entered at the time of compilation and submission of the Order form to electronic form with simultaneous acceptance of these Terms and Conditions.
4.4 The products offered on the Site are aimed at older customers. In the case of minors under 18 it is necessary to achieve the consent of a parent or legal guardian.
4.5The Seller shall be relieved from any liability arising from incorrect financial documents because of errors in the data supplied by the customer at the time of the Order online, being the Client is solely responsible for their correct insertion.
- Conclusion of the contract
5.1. The presentation of products on the Site constitutes an invitation to make users a purchase proposal. These calls have to offer not binding for the Vendor and, in particular, are not offered to the public pursuant to art. 1336 of the Italian Civil Code, it being in the full discretion of the Seller, any decision on acceptance of the proposals may be formulated.
5.2 To purchase one or more products via the Internet, the customer can select one or more products that it may consider purchasing, placing them in a virtual “shopping cart”, which will always display the content before forwarding Order. By clicking on the button “buy”, the customer will start the forwarding of the Order procedure. At the stage of formulation and the Order until its actual forwarding the Customer shall, however, the opportunity to correct and edit the entries.
5.3 The contract between the Seller and the Customer shall be concluded when the customer receives confirmation from Kream Wear that his order has been successful as a result of the availability check of the product and the charge of price to the Customer’s credit card. The order placed by the Customer shall be binding on the Seller only if the entire purchase procedure will be completed regularly and correctly, without any highlighting of error on the part of the Site. The Seller is not liable for malfunctions by the system operator transmission of data.
5.4 In accordance with Article 53 of the Consumer Code, upon confirmation of the order the Seller will send to the Customer Account email address supplied by the customer, a summary of the General Conditions, information relating to the essential characteristics for the products purchased, the details of the price and terms of payment, information on delivery charges, information on the conditions and procedures for exercising the right of withdrawal, the geographical address of the Seller which to file complaints, information about support services and about the commercial guarantees.
5.5 Retains the possibility, by the Seller, before sending the Order Confirmation, to inquire by e-mail or on the specified phone by the customer, additional information with reference to the Order sent via the Internet.
5.6 The Vendor may not process purchase orders that do not give sufficient guarantees of solvency or which are incomplete or incorrect, or in the event of unavailability of products. In these cases, the seller will inform the customer by e-mail that the contract has not been executed and that the Vendor has not responded to the Order, specifying the reasons. In this case the sum previously engaged on the means of payment of the customer will be disengaged.
5.7 If the products displayed on the Site, are no longer available or on sale later sending the Order, the Seller will promptly notify and in any event within thirty (30) working days from the day following that on which was sent the Order to the Seller, the unavailability of the products ordered. In this case the sum previously engaged on the means of payment of the customer will be disengaged.
5.8 Each sale made by the Vendor through the online sales service may cover one or more products, with no limit of quantity for each item.
5.9 The Seller reserves the right to reject orders from any customer with which a legal dispute is pending relating to a previous order.
6.1 The prices of the products on the site are in Euros and include all applicable taxes (including VAT). Product prices must be added to the cost of delivering clearly indicated in the Order form. The Seller reserves the right to modify at any time the prices of products on the Site. Any changes to the prices of products will not, however, effective against customers who have already done the forwarding of an Order.
- Payment and delivery
7.1The Customer undertakes to pay in full the price of the products ordered and their delivery costs when forwarding the Order. It is understood that, in case of non-acceptance of the Order, the seller will promptly refund to customer any amounts already paid.
7.2The payment referred to clause 7.1. will be made by PayPal (credit card). All information related to your credit card, the management of the transaction and any other information concerning the transaction is done on PayPal site and protected from it. No charge will be made at the time the order in the event that payment via PayPal is successful.
7.3In case of a specific request from the customer resident in the European Union, the seller shall do an invoice. Billing shall be in electronic format. For a printed invoice, authentic information provided by the customer. No change in the bill will be possible after the issuance thereof. In any case, the seller shall do an invoice in electronic form for customers residing outside of the European Union.
7.4The Products purchased on the site will be delivered to the address requested by the customer at checkout time. Upon delivery will require the signature of the customer or a designated adult elder than 18 years old. No deliveries will be made to post office boxes.
7.5The delivery costs are charged to the customer and are clearly indicated in the Order Form, unless otherwise specified. For deliveries on the Italian territory there are no shipping costs. In the rest of the world the contribution for the shipping costs is € 20. For purchases to be delivered outside the Italian territory with an amount exceeding € 200.00 shipping charges will not be charged to the customer.
7.6All purchases will be delivered by selected courier (eg. DHL) (following, “Courier”) from Monday to Friday, except on Saturdays, holidays and local or national holidays, and in any case from the working day following the date of confirmation of acceptance of the order proposal, on the basis of the indicated availability. The seller is not responsible for unpredictable delays and / or attributable solely courier.
7.7Any customs duties or taxes of any nature relating to export or import from Italy in the delivery of products countries are the sole responsibility of the customer
7.8Except in cases of force majeure or unforeseeable circumstances, in accordance with Article 54 of the Consumer Code, will be delivered within a maximum period of 30 (thirty) days from the day following the date of conclusion of the contract in accordance with paragraph 7.1 above, except that the seller does not inform – within the same term or by the last date agreed for delivery, including by e-mail – the inability to deliver the ordered goods due to sudden and temporary unavailability of the products. In the event of such notification, the seller will refund any amounts already paid by the customer for payment of the supply.
7.9If, in the face of the communication of the seller of a delay in the delivery date, the customer decide to cancel the order, any amount already paid by the customer will be refunded as soon as possible, but no later than 30 (thirty) days from the date of receipt by the celler of the order cancellation notice.
7.10 The seller shall not be responsible for the failed or delayed delivery due to force majeure, such as strikes, the Public Authority measures, rationing or shortage of energy or raw materials, transport difficulties, fire, flood, flooding and damage to not employ by the vendor industrial machinery. The seller will promptly inform the customer the occurrence and the loss of a force majeure event. If the cause of greater strength persists for a period longer than 30 (thirty) days, either party may withdraw from the contract. In the case of termination pursuant to this clause, the Customer shall not be entitled to any compensation or damages of any kind, subject to the right to the refund of the amount already paid by way of price for the product covered by the order, within 30 days following the order itself.
7.11 For the delivery of the products it is required the presence of the customer or his representative at the address indicated in the order. Upon delivery of the Products by the Courier, the Customer is required to check:
(i) that the number of boxes is the same as indicated in the transport document (DDT);
(ii) the packaging is not damaged nor wet nor altered, including the sealing materials. Any damage to the packaging and / or product or the mismatch in the number of items or information must be immediately notified in writing on the proof of delivery of the courier. Once signed the courier’s document without the customer has opposed any dispute, the customer can not make any objection about the appearance of the package delivered.
7.12 The seller will send the customer an confirmation e-mail once products shipped, as well as a subsequent communication confirming the delivery made.
7.13 In case of a purchase made by a customer, the risk of accidental perishing of the products shall remain with the seller until their delivery to the courier, regardless of whether the shipment of the Products is or is not ensured.
- Right of withdrawal
8.1 In accordance with the provisions of the Consumer Code, the customer (unless acting in the exercise of his business, commercial, craft or profession) have the right to cancel the contract within 15 (fifteen) working days from the delivery date of the product (in case of multiple delivery, the date of the last partial delivery) by sending specific communications (no need to specify any reasons but in any case containing the expressed intention to exercise the right of withdrawal, a clear identification of the product or products for which it intends to exercise the right of withdrawal, as well as the order’s serial number communicated by the seller in the confirmation of order), to be transmitted by registered letter with acknowledgment of receipt, or by fax or e-mail provided it is confirmed by registered letter with acknowledgment of receipt within 48 (forty eight) hours, to the addresses indicated below. In case of exercising the right of withdrawal, the customer will be required to return the product to the seller to the addresses listed below within the same term of 15 (fifteen) days from the delivery date of the article.
The notice of withdrawal must be addressed to:
The articles must be returned to:
Via Prospero Finzi 19
8.2 Products must be returned:
– Properly packed in their original packaging, in perfect condition for resale (not damaged, damaged or soiled) and equipped with all the possible accessories, instructions for use and documentation;
– bearing the transport document (present in the original packaging), in order to allow the seller to identify the customer (order number, name and address);
– Without manifest signs of use, if not those compatible with the making of a normal test article. They must not bear any traces of prolonged use (over several minutes) in excess of the time necessary for a test and should not be in a state that does not allow resale.
If the returned product does not comply with the provisions of the preceding paragraph, the withdrawal will not take effect.
8.3 If the customer has exercised his right of withdrawal in accordance with the provisions of these Terms and Conditions, refund of the purchase price will be made by the customer by the seller, provided that the product has been returned by the customer within 30 (thirty) days from the date of receipt by the seller of communication for exercising the withdrawal or, if earlier, the date on which the seller has received the product returned by the customer. The risks related to the destruction or damage to the products during shipment shall be returned to the customer, it being understood that in such event, the products will not be considered intact and the withdrawal will not be enforceable. The shipping costs related to returning the product are charged to the customer. The vendor will send an e-mail notification once the refund to the customer.
- Warranty and conformity defects
9.1. Purchases made by customers are subject to the rules laid down by the Consumer Code relating to warranty against defects and flaws of the Products.
9.2. In case that the customer finds any defect in the products to be purchased pursuant to these Terms and Conditions, he can contact, under penalty of forfeiture within two months of discovery, the seller in the manner indicated therein and require repair or replacement of the product. The choice between repair or replacement will remain in the availability of the customer, except in cases where the chosen remedy is objectively impossible or excessively expensive compared to the other.
9.3 The customer will contact the seller through the Customer Support department email@example.com.
9.4 The seller shall, as appropriate, to make repairs and replacements required within a reasonable period after receipt of the customer’s request. The customer undertakes to describe in as much detail as possible the nature of the fault or defect identified and to transmit a copy of the order documents that indicate the order number, and any other relevant information for the correct identification of the claim.
9.5 Where (i) the repair or replacement requests are impossible or excessively expensive, or (ii) did not take place within a reasonable period; or (iii) have caused significant inconvenience to the customer, the latter may request of his choice an appropriate reduction of the price or rescission of the Contract. There will not, in any case, for terminating the contract for minor defects, with respect to which it was not possible or would be too burdensome to repair or replacement of its products.
- Data Protection
- Copyright rights and the industrial property.
11.1 All copyrights relating to web content (such as, but not limited to, text, graphics, photographs, images, user interface) and the selection, coordination and organization of them are owned by the seller. No statement in case contained in this site shall grant any license or rights on the seller’s copyright.
11.2 The contents of the site are intended only to customers; the unauthorized commercial use of the content is forbidden.
11.3 The customer can freely display the contents of the website, print, copy and store them on the hard drive of the computer or other physical medium, on its own responsibility and exclusively for personal and private use, in compliance with current legislation on protection copyright.
11.4 All rights to trademarks, product names, trade names, logos, product packaging and designs of all products or services belong exclusively to the seller in accordance with applicable laws. All are expressly prohibited uses that may infringe these rights.
11.5 The web site may contain hyperlinks (so-called links) to other web sites. The seller assumes no responsibility for any content or services offered by third parties, nor doesn’t it guarantee the technical availability, reliability, legality of any material or information contained in the linked websites. Similarly, the possible inclusion of a link does not entail any type of association, merger or participation of the seller with the owners and the contents of the linked web sites.
- Duration and modification of these Terms
12.1 The seller reserves the right to change, without notice, these Terms and Conditions. Any changes will take effect immediately from the first publication on the site and until the time new changes.
- Governing Law and Jurisdiction
13.1 These Terms are governed by Italian law and shall be interpreted according to it, subject to any contrary overriding mandatory rule of the country of habitual residence of the customer. As a result the interpretation, execution and resolution of the General Conditions are exclusively subject to Italian law and any disputes related and / or consequential to the same shall be resolved exclusively Italian judicial authority. In particular, any disputes shall be resolved by the court of the place of domicile or residence of the customer according to the applicable law or, to be chosen by the customer, by the Court of Milano. Should the customer act in the exercise of its business activity, commercial, craft or profession, the Parties shall establish by mutual consent to the exclusive jurisdiction of the Court of Milano.