Sales conditions
1)The supply and sale of clothing products and accessories carrying the ILLUDIA trademark on the website are governed by the following General Terms of Sale.
2)Products carrying the ILLUDIA trademark, purchased on the website, are manufactured and sold by Keyart S.p.A., Modena Register of Companies no. 345315, VAT number 02949160366, with registered office in Carpi (MO), Via Lama 52/a, Italy.
3)Purchase operations are governed, among others, by the requirements of Legislative Decree no. 206 of 06.09.2005 (the Consumer Code), according to which:
I)the term "on line sale contract" refers to a remote contract, or rather a legal deal relating to movable property and/or services signed between a professional operator, in this case Keyart S.p.A., through the on line service, and a consumer, as part of a system of remote sales organised by the professional operator who, for this contract, uses exclusively the remote communications technology known as the Internet;
II)the term "professional operator" refers to a person or corporation who acts as part of their business or professional activities, or an intermediary thereof;
III)the term "consumer" refers to an adult person who acts for reasons unconnected with any business or professional activities performed.
ART. 1
a)All contracts will be concluded directly through access to the website corresponding with the address, where the customer may conclude the contract for purchase of the good and/or product desired, carefully following the instructions and procedures indicated.
b)These general terms of sale are an integral part of the sale contract, so they must be examined "on line" by the customer, before completion of the purchase procedure. Sending the order confirmation therefore implies full knowledge and acceptance of them.
c)The general terms of sale may be revised or altered at any moment by Keyart S.p.A., which will communicate this through the pages of the website. The customer agrees to print and keep a copy of them.
d)On sending confirmation of the purchase order via computer, the customer unconditionally accepts and agrees to comply with the general terms of sale, in relations with Keyart S.p.A., including the terms of payment indicated below, declaring that they have viewed and accept all the terms indicated.
e)Keyart S.p.A. does not consider itself bound by any different general terms unless they have been agreed beforehand and accepted in writing.
ART. 2
a)All sale prices of products displayed and indicated on the website, for which they constitute supply to the general public in accordance with art. 1336 of the Italian Civil Code, are inclusive of VAT and all other sales taxes within the national borders of Italy.
b)The total cost of shipment and transport to the customer's domicile overseas will be clearly indicated and displayed before completion of the order.
c)The purchase contract is concluded through precise compilation and consent to purchase, indicated through "on line" acceptance, and conditional upon payment.
d)The customer may pay for the goods ordered using the payment methods indicated "on line" at the moment of purchase.
ART. 3
a)Keyart S.p.A. will consign the products selected and ordered to the carrier / delivery service, thereby completing delivery, for them to be transported to the customer, at the address indicated by them.
b)Keyart S.p.A. will do its utmost to fulfil the orders transmitted within seven working days and the goods purchased will be delivered within the time-limits indicated in art. 54 of Legislative Decree 205/06 in all circumstances, namely within 30 days from the day after the one when the consumer has transmitted the order to the professional operator. Keyart S.p.A. may not be held liable for late delivery or non-delivery attributable to causes of force majeure or chance.
c)The customer is required to check, on receipt, that the product delivered conforms with the order made and should only sign the documents of receipt following said check, without this affecting the right of withdrawal contemplated in point 8 below. By compiling the personal details form in the registration procedure necessary to start the process for fulfilment of this contract and for any further relative communications, the customer and/or client authorises Keyart S.p.A. to communicate any non-sensitive personal data (residence, telephone number) to the delivery services and/or forwarding agents used for delivery of the goods purchased, in order to allow the procedures necessary for delivery.
ART. 4
a)The customer may purchase the products indicated in the electronic catalogue on and in the quantities in stock. The product database is updated every 24 hours. If the product purchased by the customer on is no longer available in stock and cannot be otherwise obtained by the professional operator within the time-limits indicated by art. 54 of Legislative Decree 205/06, Keyart S.p.A. agrees (following written communication in accordance with paragraph II of art. 54 of Legislative Decree 205/06) to reimburse, via bank transfer, as soon as possible (and within a maximum of 30 days in all circumstances), the amounts paid for the supply.
ART. 5
a)Keyart S.p.A. accepts no liability for disservices attributable to causes of force majeure, such as, by way of example, accidents, explosions, fires, strikes and/or lockouts, earthquakes, flooding and other similar events which prevent, in full or in part, fulfilment of the contract within the agreed times.
b)Keyart S.p.A. will not be held liable with any party or third parties for damages, losses and costs suffered as a result of non-fulfilment of the contract for the reasons indicated above, with the customer being entitled solely to reimbursement of the price paid.
c)Equally, Keyart S.p.A. may not be held liable for any fraudulent or unlawful use which may be made by third parties of credit cards, cheques and other means of payment, upon payment of the products purchased. Keyart S.p.A. is not able, at any moment of the purchase process, to learn the credit card number of the customer which, on opening of a protected connection, is transmitted directly to the operator of the banking service.
ART. 6
a)Keyart S.p.A. manufactures and sells clothing products and accessories carrying the ILLUDIA trademark and these are high-quality products; however, if the products ordered should be faulty, the consumer is required to notify the fault in writing (via e-mail or fax) within ten days of discovery, failing which the warranty will not be valid.
b)In order to request replacement, the consumer must submit a specific claim, following the procedure indicated for the right of withdrawal, and Keyart S.p.A., following irrevocable communication of the return code, may authorise return of the product for checks. The risks relating to transport of the goods lie with the sender. Shipments sent "carriage unpaid" will not be accepted unless agreed beforehand with the vendor. If the claimed fault is found, Keyart S.p.A. will make the agreed correction, within an appropriate amount of time, and credit the shipment costs. Keyart S.p.A. reserves the right to charge the customer for any costs sustained to check the product and for reshipment thereof, if it is undamaged and lacks the claimed defects and faults, and referable to the delivery date, in contrast with what the customer has declared.
c)In order to assist the above operations, the customer must request the product return number by contacting Keyart S.p.A. by e-mail or telephone (e-mail, telephone +39.059.6401129).
ART. 7
a)Once the "on line" purchase procedure is completed, the customer agrees to print and keep a copy of these general terms, which, in any case, they will already have viewed and accepted, since this is an obligatory step in purchase, and also of the specifications of the product being purchased, in order to satisfy in full the condition referred to in arts. 52 and 53 of Legislative Decree no. 205/06;
b)Minors are strictly prohibited from making an "on line" order.
c)The customer is strictly prohibited from entering any untrue and/or invented and/or fabricated information, in the registration procedure necessary for starting the process of fulfilment of this contract and for further relative communications. The personal details, address, telephone number and e-mail address indicated must be exclusively the actual ones of the person concerned and not those of third parties, or fabricated.
d)Entering the data of third parties is strictly prohibited. Keyart S.p.A. reserves the right to prosecute any violation and abuse, in the interests and protection of all consumers.
e)The customer exempts Keyart S.p.A. from all liability deriving from issuing of incorrect financial documents due to errors in the data provided by the customer, since the latter is solely responsible for its correct entry.
ART. 8
a)In accordance with art. 64 of Legislative Decree 205/06, the consumer may exercise the right of withdrawal and return the product received, in compliance with the time-limits and methods indicated hereunder.
b)A consumer who, for any reason, is not satisfied with the purchase made, is entitled to withdraw from the contract signed, within 20 days from the date of the invoice.
c)A consumer who has excercised the right of withdrawal must issue the return request by entering on, then follow the procedure. After this the client must return the product through direct redelivery or sending to Keyart S.p.A. - Via Lama 52/a - 41012 Carpi (MO), Italy. All costs of returning the product are to be paid by the consumer. All articles must be returned to and received by Keyart S.p.A. in perfect condition and in the same state in which they were received, in the original packaging and with the tags indicating the bar code and any other material which forms part of the packaging.
d)In the case of compliance with all the terms and obligations of the consumer indicated, Keyart S.p.A. will reimburse the sale price of the article purchased, by direct refund on the card used for the payment, within 30 working days.
e)The consumer who wants to change size or colour can do another order.
ART. 9
a)By compiling the specific box, present on the website of the banking system of payment, the consumer and/or customer authorises Keyart S.p.A. to use their credit card, or another card issued in replacement thereof, to charge to their own current account, in favour of Keyart S.p.A., the total amount indicated as the cost of the "on line" purchase. The entire procedure takes place through a protected connection directly connected to the bank institute which operates the "on line" payment service, to which Keyart S.p.A. has no access.
b)If the consumer exercises the right of withdrawal, as contemplated by these contractual terms, the amount to be reimbursed will be paid via bank transfer.
c)On exercising the right of withdrawal, the consumer must therefore communicate the IBAN code to Keyart S.p.A., to allow crediting of the amount to be reimbursed.
ART. 10
a)Keyart S.p.A. is entitled to terminate the contract signed, simply by notifying the consumer and/or customer, with sufficient and justified reasons; in this case, the customer will be entitled exclusively to reimbursement of any sum already paid.
b)The obligations accepted by the customer in art. 7 of these terms (obligations of the customer) and the guarantee on collection of payment made by the customer using the means indicated in art. 2, are essential in nature, so that, by express agreement, non-fulfilment by the customer of even just one of said obligations will lead to legal termination of the contract in accordance with art. 1456 of the Italian Civil Code, without the need for a judicial sentence and without prejudice to the right of Keyart S.p.A. to take legal action for compensation of any further damages.
ART. 11
a)All disputes relating to application, fulfilment, interpretation and violation of purchase contracts signed "on line" via the website are subject to Italian jurisdiction; these general terms refer, for anything not expressly indicated therein, to the requirements of the Italian Civil Code, and also to Legislative Decree 205/06.
b)For any dispute between the parties relating to this contract, the court of competent jurisdiction will be the one in the district where the consumer is domiciled; for all other disputes, the sole court of competent jurisdiction will be Modena Court - Separate Section of Carpi.

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