Terms and Conditions
Terms and general conditions sales
Art. 1 – General rules
1. The user can access Kioku via the www.kiokudesign.com website (from now on “Kioku”). In order to navigate and place an order through the website it is necessary to accept the Conditions and Data protection policies stated below.
- The present general sales terms and conditions are applied to the sale of products exclusively referred to purchases made on the website in accordance with the dispositions of Part III, Title III, Chapter I of the Consumer Code (D.lgs. n. 206/05 modified by D.lgs. n. 21/14 and D.lgs. 70/03) by:
Company Kioku Design S.r.l.
HQ: Via Giovanni Bettolo, 15 – 00195 Roma
VAT number: 15244691000
Registered REA, number: 1577458
- The user, before having access to the products offered on the website, is required to read the present general sales terms and conditions, which are unequivocally accepted at the moment of purchase.
- The user is invited to download and print a copy of the purchase form and of the general sales terms and conditions. Kioku retains the right to unilaterally modify these terms and conditions without any prior notice.
- It is possible to use the website and have access to the products in the following languages: Italian, English.
Art. 2 – Acceptance of the General Conditions of Sale and conclusion of the contract
2.1 The contract stipulated between Kioku Design S.r.l. (here in after referred to as “Kioku“) and the Client (that is the party or individual who makes the purchase on the Website www.kiokudesign.com, not attributable to their commercial, business or professional activity) shall be concluded with the acceptance, including partial acceptance, of the order by Kioku. If the order not be accepted by Kioku the client will be prompt advise.
2.2 By placing an order through one of the available methods, according to the order form on the Website www.kiokudesign.com the Client confirms having read all the information provided during the purchase process and confirms full acceptance of these General Conditions.
2.3 These Conditions may be printed or saved on a durable medium, in accordance with the provisions of Article 12 of Italian Legislative Decree 70/2003 and Article 51 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014.
Art. 3 – Purchase method
3.1 The only products offered for sale by Kioku are those shown on www.kiokudesign.com at the time of placing the Order, as they are described on the relevant information pages.
3.2 However, it shall be understood that the images accompanying the information regarding a product are shown for information purposes only and may not be wholly representative of the product’s features, possibly differing, for example, in colour and size (in some cases due to the browser and screen used to access the Website and view the images).
3.3 To place an Order, the Client must fully complete the relevant form on the Website www.kiokudesign.com and send the same after carefully reading the Conditions as well as the features of the product and/or products that the Client intends to purchase. The Client shall also ask Kioku, if desired, to send a tax invoice for the purchase, pursuant to Article 22 of Italian Presidential Decree no. 633/1972.
3.4 Correct receipt of the Order shall be confirmed by Kioku by means of a reply via email sent to the email address indicated by the Client. Said confirmation message shall include a summary of the purchase conditions, in accordance with applicable regulations, as well as the details provided by the Client on the Order, so that the Client may check said details and communicate any necessary corrections without delay.
Art. 4 – Prices and Payment Methods
4.1 The prices indicated on the Website www.kiokudesign.com shall be understood as inclusive of taxes and VAT. Any delivery costs or payment charges shall in any case be notified to the Client via the Website or through these Conditions.
4.2 The following payment methods are accepted:
Clients may pay via PayPal in accordance with the specific methods set by the same.
(b) Credit card
Where products are purchased using a credit card, the transaction may be performed via the PayPal secure server or another secure server as chosen by Kioku.
Under no circumstances and at no stage of the transaction shall Kioku be able to access the Client’s credit card details, which shall be transmitted through a secure connection directly to the banking institute that manages the transaction. No electronic record of said details shall be held by Kioku and therefore under no circumstances shall Kioku be held liable for any fraudulent and unauthorised use of credit cards by third parties at the time of payment.
Art. 5 – Delivery of products and associated charges
5.1 The products purchased shall be delivered to the address indicated on the Order by the Client according to the indications and times indicated in the information sheet of the chosen product. The cost of shipping will be indicated before sending the Order.
5.2 With reference to requests for deliveries to countries that do not belong to the European Union, any customs duty for importation shall be payable by the consignee. The Client is therefore advised to contact the customs authorities in the country concerned beforehand to verify the costs and any restrictions on imports.
5.3 The lead times for delivery indicated by Kioku are indicative and a delay to the same, or any delivery made with subsequent split consignments shall not entitle the Client to refuse the delivery or request compensation or indemnity.
5.4 At the time of delivery, the Client shall be required to check:
that the number of packages delivered corresponds to the number shown on the delivery note;
that the packaging is intact, not damaged, or wet or spoiled, including with reference to the materials used for sealing (adhesive tape or metallic strapping).
Any damage to the packaging and/or to the product or any lack of correspondence in the number of packages or the details, must be notified immediately by indicating the nature of the problem on the delivery note for the product, which shall be returned to the carrier.
Any problems with reference to the physical integrity, correspondence or completeness of the goods received must be notified within 7 days of delivery, in accordance with the methods set out in this document.
Art. 6 – Right to cancel
6.1 Pursuant to Article 52 of Italian Legislative Decree 206/2005, as amended by Italian Legislative Decree 21/2014, the Client may withdraw from the Conditions and therefore from the purchase agreement for any reason, without need for an explanation and without incurring any penalty, within 14 (fourteen) working days from the date of receiving the products.
6.2 In order to exercise the right to cancel set out in the preceding Clause 5.1, the Client shall send notification to Kioku within the time limits indicated to the following email address email@example.com or by means of the form provided for that purpose on the Website.
6.3 In the event of cancellation, the Client shall return the products to Kioku at the Client’s expense within 14 (fourteen) days of said cancellation:
For all packages the shipping address is:
Kioku Design S.r.l.
HQ: Via Giovanni Bettolo, 15 – 00195 Roma – Italy
The goods must be returned intact, complete in all their parts and in their original packaging (envelopes and packaging), having been kept and used only for the time strictly necessary to establish and verify their condition, features and size, in accordance with normal diligence, there being no signs of wear or dirt and in compliance with the following conditions: the right to cancel may be applied to the purchased product as a whole; it is not in fact possible to return only part of the purchased product (for eg., accessories, complementary items, etc.);
in order to cancel, the product must be complete and returned in its original packaging, complete in all its parts (including packaging and any documentation and accessories: labels, cards, tags, seals, etc.); transport expenses (and any customs duty, if applicable) arising from the return of the goods shall be borne exclusively by the Client;
until confirmation of receipt by the warehouse indicated by Kioku is given, liability for transport shall be borne solely by the Client; should the goods be damaged in transit, Kioku shall notify the Client, in order that the Client may promptly lodge a complaint against the courier that was used and obtain appropriate compensation; the product shall then be made available to the Client, at the same time as cancelling the request for termination;
Kioku shall not be liable in any way for damage, theft or loss that occurs during or as a result of a shipment made for the purposes of returning goods.
6.4 Kioku shall arrange to refund the Client for the whole amount paid, net of consignment charges incurred and any customs duty paid for importation, within 14 (fourteen) days from the date of cancellation, by transferring the debited amount, via the same payment method used by the Client for the initial transaction, unless otherwise agreed. In any case, the Client shall not bear any expenses incurred as a consequence of said refund. Kioku may withhold the refund until the returned product is received or until such time as the Client can prove that the product has been properly dispatched, whichever is sooner.
6.5 In any case, the Client shall forfeit the right to cancel should Kioku discover any of the following:
that the returned product and/or its accessories, and/or its packaging are not intact;
that the product is without its external package and or the original internal packaging; that the product is missing some of its integral parts and/or accessories (for eg., fastenings, ties, buckles, etc.).
Should the right to cancel be forfeited, Kioku shall arrange to return the purchased product to the sender, debiting the shipping costs from the same and, if already refunded, the price of the product.
Art. 7 – Warranties
7.1 All products sold by Kioku are covered by a warranty of 24 (twenty-four) months for any lack of conformity pursuant to Chapter III of Italian Legislative Decree 206/2005. To benefit from assistance under the warranty, the Client must retain the invoice or the payment receipt, along with the delivery note.
7.2 The warranty for lack of conformity shall be applicable provided that the product concerned has been used correctly, in accordance with its intended use and in compliance with the contents of the instructions for usage and laundering provided in and/or with the product.
7.3 Should Kioku, for any reason, not be able to provide the Client with a product under the warranty (repaired or replaced), or should repair or replacement be excessively burdensome, due to the value of the product, Kioku may proceed by applying an appropriate discount on the price paid, or by refunding the whole amount paid and terminating the contract.
7.4 Where the implementation of the warranty requires the product to be returned, the same must be returned by the Client in its original packaging, complete in all its parts (including packaging and any documentation and accessories).
Art. 8 – Complaints and requests for information
8.1 Kioku may be contacted with reference to any complaints or requests for information: Kioku Design S.r.l. Via Giovanni Bettolo, 15 – 00195 Roma, Tel: +39 06 37353438 email: firstname.lastname@example.org
Art. 9 – Privacy
9.1 Personal details collected when the Order is placed shall be used by Kioku solely for the purpose of fulfilling the express requests of the Client, in accordance with European regulation 2016/679 and the privacy statement shown on this website. Any other use of said details shall take place only with the express consent of the Client.
Art. 10 – Applicable law
10.1 The contract for sale set out in these Conditions and its performance shall be governed by Italian Law. Any contrary legal norms and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable. Should a dispute arise, it shall be submitted to the jurisdiction of the Courts in the town where the Client is resident.