Terms of sale
These conditions are valid exclusively between the company GI & GI Ice Fashion srl, with registered office in Via Cuneo, 36 - 10042 Nichelino (TO), VAT number 11937750013, hereinafter referred to as '' KARISMA '' and any person who makes purchases online on the website www.karismawebshop.com hereinafter referred to as "CLIENT".
These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force These conditions govern the purchases made on the site www.karismawebshop.com, in accordance with the provisions of Part III, Title III, Chapter I, of the Consumer Code, Legislative Decree n. 206/2005, amended by Legislative Decree n. 21/2014 and by Legislative Decree 70/2003 concerning electronic commerce.
ARTICLE 1 - Object of the contract
With these general sales conditions, KARISMA sells and the CUSTOMER remotely buys the movable tangible assets indicated and offered for sale on the website www.karismawebshop.com. The contract is concluded exclusively through the internet, through the CUSTOMER access to the address www.karismawebshop.com and the realization of a purchase order according to the procedure foreseen by the site itself.
Before proceeding to confirm their order, the customer undertakes to examine the present general sales conditions, in particular the pre-contractual information provided by KARISMA and to accept them by affixing a flag in the indicated box.
In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive a copy of these general sales conditions, as provided for by art. 51 paragraph 1 of Legislative Decree 206/2005, amended by Legislative Decree 21/2014.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206/2005
The CUSTOMER before the conclusion of the purchase contract, examines the characteristics of the goods that are illustrated in the individual product data sheets at the time of the CUSTOMER's choice.
Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed regarding:
- total price of the goods including taxes, with details of shipping costs and any other costs;
- terms of payment;
- the deadline by which KARISMA undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (art. 6 of these conditions) as well as the withdrawal form referred to in Annex I, part B of Legislative Decree 21/2014;
- information that the CUSTOMER will have to bear the cost of returning the goods in case of withdrawal;
- existence of the legal guarantee of conformity for the goods purchased;
- conditions of after-sales assistance and commercial guarantees provided by KARISMA.
The CUSTOMER may at any time and in any case before the conclusion of the contract, take cognizance of the information relating to KARISMA, geographical address, telephone and fax number, e-mail address.
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded with the sending by KARISMA to the CUSTOMER of an e-mail confirming the order. The e-mail contains the data of the CUSTOMER and the order number, the price of the goods purchased, the shipping costs and the delivery address to which the goods will be sent and the link to print and store the copy of present conditions
The CUSTOMER undertakes to verify the correctness of the personal data it contains and to promptly notify KARISMA of any corrections.
KARISMA undertakes to describe and present the items sold on the site in the best possible way. Nevertheless, some errors, inaccuracies or small differences between the site and the actual product may emerge. Furthermore, the photographs of the products presented on www.karismawebshop.com do not constitute a contractual element, as they are only representative
KARISMA undertakes to deliver the goods within 30 working days from the sending by KARISMA of the order confirmation e-mail to the CUSTOMER.
ARTICLE 4 - Product availability
Product availability refers to actual availability at the time the CUSTOMER places the order. This availability must however be considered purely indicative because, due to the simultaneous presence on the site of several users, the products could be sold to other CUSTOMERS before the order is confirmed.
Even after sending the order confirmation e-mail sent by KARISMA, there may be cases of partial or total unavailability of the goods. In this case, the order will be automatically adjusted with the elimination of the unavailable product and the CUSTOMER will be immediately informed by e-mail.
If the CUSTOMER requests the cancellation of the order, by terminating the contract, KARISMA will reimburse the amount paid within 14 days from the day in which KARISMA became aware of the customer's decision to terminate the contract.
ARTICLE 5 - Payment methods
Any payment by the CUSTOMER can be made exclusively by credit card on the website www.karismawebshop.com, by bank transfer or by Paypal payment method.
In case of payment by credit card, the actual charge of the order amount will take place only when it is complete and ready for shipment.
In case of payment by Paypal, the actual charge will be made at the time of sending by KARISMA the order confirmation e-mail.
The communications relating to the payment and the data communicated by the CUSTOMER when it is assisted on specific protected lines. Credit card payment security is guaranteed by VBV certification (verified by VISA) and SCM (Security Code Mastercard).
ARTICLE 6 - Prices
All the selling prices of the products indicated on the website www.karismawebshop.com are expressed in Euros and include VAT, and where applicable, the WEEE contribution.
Shipping costs are not included in the purchase price, but are indicated and calculated at the end of the purchase process before the payment is made.
The CUSTOMER accepts the faculty of KARISMA to change its prices at any time, however the goods will be invoiced based on the prices indicated on the website at the time of the order and indicated in the confirmation e-mail provided by KARISMA to the CUSTOMER.
In the event of a computer, manual or technical error, or of any other nature that could result in a substantial change, not foreseen by KARISMA, of the selling price to the public, which makes it exorbitant or clearly insignificant, the purchase purchase will be considered invalid and canceled and replaced by the CUSTOMER will be refunded within 14 days. from the day of cancellation.
ARTICLE 7 - Right of withdrawal
In accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without penalty and without specifying the reason, within a period of 14 days from the date of receipt of the products.
In the case of multiple purchases made by the CUSTOMER with a single order and delivered separately, the term of 14 days. starts from the date of receipt of the last product.
The CUSTOMER who intends to exercise the right of withdrawal must notify KARISMA through an explicit declaration, which may be sent by registered letter with return receipt.
The CUSTOMER may exercise the right of withdrawal also by sending any explicit declaration containing the decision to withdraw from the contract or alternatively to send the standard withdrawal form, as per Annex I, part B, Legislative Decree 21/2014 (not mandatory) whose text is shown below:
Model withdrawal form pursuant to art. 49, paragraph 1, lett. h)
(complete and return this form only if you wish to withdraw from the contract)
GI & GI Ice Fashion S.r.l. - Via Cuneo, 36 - 10042 Nichelino (TO)
With this I / we (*) notify / notify (*) the withdrawal from my / (*) sales contract of the following goods / services (*)
- Ordered on (*) / received on (*)
- Name of consumer (s)
- Address of the consumer (s)
- Signature of consumer (s) (only if this form is sent in paper form)
(*) Delete the unused wording.
In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to KARISMA his intention to withdraw from the contract pursuant to art. 57 of Legislative Decree 206/2005.
The goods must be returned to GI & GI Ice Fashion Srl, at the headquarters in Via Cuneo, 36 - 10042 Nichelino (TO).
The direct costs of returning the products are charged to the CUSTOMER.
The goods must be returned intact, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment: manuals, cables, etc.) and complete with the attached tax documentation. Without prejudice to the right to verify compliance with the above, KARISMA will reimburse the amount of the products subject to withdrawal within a maximum period of 14 days, including any shipping costs.
As required by art. 56 paragraph 3 of Legislative Decree 206/2005, as amended by Legislative Decree 21/2014, KARISMA may suspend the reimbursement until receipt of the goods or until the CUSTOMER demonstrates having sent the goods back to KARISMA.
KARISMA will carry out the refund using the same payment method chosen by the CUSTOMER during the purchase phase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of withdrawal, he must provide KARISMA, by accessing the contact us section, with the bank details: IBAN, SWIFT and BIC necessary for the repayment to be made by KARISMA.
ARTICLE 8 - Legal guarantee of conformity
In the case of receipt of products that do not comply with the orders or defective, the CUSTOMER has the right to restore the cost of the product by repairing or replacing the product without charge. The CUSTOMER can exercise this right if the defect occurs within two years from the delivery of the goods and reports the defect to KARISMA within two months from the discovery.
In the event of a defective or non-compliant product, it will arrange, at its own expense, to organize the collection of the product, compatibly with the availability of the CUSTOMER.
ARTICLE 9 - Delivery methods
KARISMA will accept orders to be delivered worldwide. The products will be delivered by express courier or economy shipping (at the choice of the CUSTOMER at the time of the order) to the address indicated by the CUSTOMER at the time of the order no later than 30 working days. from the date of receipt by the CUSTOMER of the order confirmation email sent by KARISMA.
For every order placed on the website www.karismawebshop.com, KARISMA issues an invoice for the goods shipped.
The invoice will contain the information provided by the CUSTOMER during the purchase process. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.
ARTICLE 10 - Responsibility
KARISMA does not assume any responsibility for disruptions caused by force majeure or unforeseeable circumstances, even if dependent on malfunctions and disruptions of the internet, in the event that it fails to execute the order within the time stipulated in the contract.
ARTICLE 11 - Access to the site
The CUSTOMER has the right to access the site for consultation and for making purchases. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether sound or visual, and the related technology used remain the property of KARISMA and are protected by intellectual property rights.
ARTICLE 12 - Cookies
The website www.karismawebshop.com uses "cookies". Cookies are electronic files that record information relating to the CUSTOMER's navigation on the site (pages consulted, date and time of consultation, etc.) and that allow KARISMA to offer a personalized service to its customers.
KARISMA informs the Customer of the possibility of deactivating the creation of such files by accessing their Internet configuration menu. It is understood that this will prevent the Customer from proceeding with the online purchase.
ARTICLE 13 - Integrity
These General Terms and Conditions of Sale consist of all the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale are considered invalid or declared as such pursuant to the law, regulations or following a decision by a court having jurisdiction, the other provisions will continue to have full force and effect.
ARTICLE 14 - Applicable law and competent court
These General Terms and Conditions of Sale are subject to Italian law.
Any dispute that does not find a friendly solution will be subject to the exclusive jurisdiction of the Court of the CUSTOMER's place of residence or domicile, if located in the territory of the State.
In any case, it is possible to optionally resort to mediation procedures pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising from the interpretation and execution of these sales conditions.