Terms and conditions
TERMS AND CONDITIONS
GENERAL CONDITIONS OF SALE
These general conditions of sale apply to the purchase of "KLAUDIA COTA" branded products concluded between the simplified Klaudia Cota company, with registered office in Milan (hereinafter, " Klaudia Cota ") and any natural person who makes purchases online at www.klaudiacota.com , hereinafter referred to as "Customer".
These general conditions regulate all purchases made through the website wvw.klaudiacota.com, in accordance with the provisions of Legislative Decree no. 206 of 6 September 2005 and subsequent amendments (hereinafter, the " Consumer Code ").
ARTICLE 1 — Object of the contract
With these general conditions of sale, Klaudia Cota sells and the CUSTOMER remotely purchases the tangible movable goods indicated and offered for sale on the website www.Klaudiacota.com. The contract is concluded exclusively through the Internet, through the access of the CUSTOMER to the address www.klaudiacota.com and the realization of a purchase according to the procedure provided by the site itself. The customer undertakes to examine, before proceeding to confirm his/her order, the present general conditions of sale, in particular the pre-contractual information provided by Klaudia Cota.
ARTICLE 2 - Pre-contractual information for the consumer - art. 49 of Legislative Decree 206 2005
Before the conclusion of the purchase contract, the CUSTOMER takes note of the characteristics of the goods that are illustrated in the individual product data sheets at the time of choice by the CUSTOMER. Before the conclusion of the purchase contract and before the validation of the order with "payment obligation", the CUSTOMER is informed about: — total price of goods including taxes, with details of shipping costs and any other costs; - terms of payment; — the period within which Klaudia Cota undertakes to deliver the goods;
- conditions, terms and procedures for exercising the right of withdrawal (Article 6 of the present conditions) as well as a withdrawal form as for Annex l, 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 purchased goods; - after-sales assistance conditions and commercial guarantees provided by Klaudia Cota. The CLIENT can at any time and in any case before the conclusion of the contract, take note of the information related to Klaudia Cota , the geographical address and the e-mail address.
ARTICLE 3 - Conclusion and effectiveness of the contract
The sales contract is considered concluded when the CUSTOMER receives an e-mail confirming his 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 the present conditions. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly communicate any corrections to Klaudia Cota.
The CUSTOMER has the possibility to cancel the order made no later than one hour from the receipt of the confirmation e-mail. Klaudia Cota undertakes to describe and present the items sold on the site in the best possible way. Nonetheless, some errors, inaccuracies or small differences between the site and the actual product may be highlighted. Furthermore, the photographs of the products presented on www.klaudiacota.com do not constitute a contractual element, as they are only representative.
ARTICLE 4 - Availability of products
The availability of products refers to the 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 multiple users, the products could be sold to other CUSTOMERS before confirming the order. Even after sending the order confirmation e-mail sent by Klaudia Cota, there may be cases of partial or total unavailability of the goods. In this case, the order will be corrected automatically with the elimination of the unavailable product and the CUSTOMER will be informed immediately by e-mail.
If the CUSTOMER requests the cancellation of the order, by resolving the contract, Klaudia Cota will refund the amount paid within 15 days from the day on which Klaudia Cota was informed of the customer's decision to terminate the contract.
If the CUSTOMER requests the cancellation of the order, in the terms of article 3, Klaudia Cota will refund the amount paid within 1 5 days from the moment in which the CUSTOMER has decided to terminate the contract.
ARTICLE 5 — Method of payment
Any payment by the CUSTOMER can only be made by credit card via PayPal at www.klaudiacota.com or by bank transfer.
In the event that the method of payment chosen is the bank transfer, it should be noted that only payments sent within and not more than 48 hours from the order will be accepted, and that the order is to be considered canceled after that time.
ARTICLE 6 - Prices
All sales prices of the products indicated on the www.klaudiacota.com website are expressed in Euro and include VAT. Shipping costs are not included in the purchase price, but are indicated and calculated when the purchase process is completed before the payment is made. The CLIENT accepts Klaudia Cota's right to change its prices at any time, however the goods will be invoiced on the basis of the prices indicated on the website at the time of the creation of the order and indicated in the confirmation e-mail sent by Klaudia Cota to CUSTOMER. Shipments outside the European Union provide for the payment of import taxes, which are the sole responsibility of the customer.
In the event of an IT, manual, technical, or any other kind of error that could lead to a substantial change, not foreseen by Klaudia Cota, of the public sale price, which makes it exorbitant or clearly ridiculous, the purchase order will be considered invalid and canceled and the amount paid by the CUSTOMER will be refunded within 30 days from the day of cancellation.
ARTICLE 7 - Right of return
In accordance with the legal provisions in force, the CUSTOMER has the right to return the purchase without any penalty and without specifying the reason, within the deadline of 1 5 days pursuant to art. 57 of Legislative Decree 206/2005 from the date of receipt of the products. The CUSTOMER wishing to exercise the right of return must send it to Klaudia Cota through an explicit declaration, which can be sent via email to klaudia.cota@libero.it or to the address:
KLAUDIA COTA
VIA GB MORGAGNI, 38
MILAN
The CUSTOMER can exercise the right of return by sending any explicit declaration containing the decision to withdraw from the contract. In case of exercising the right of return, the CUSTOMER is obliged to return the goods within 1 5 days from the day on which he communicated to Klaudia Cota his desire to return from the contract, to the following address:
KLAUDIA COTA
VIA GB MORGAGNI, 38
MILAN
The direct costs of returning the products are charged to the CUSTOMER. The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. In no case will be replaced or refunded merchandise that has not been returned in perfect conditions.
Without prejudice to the right to verify compliance with the above, Klaudia Cota will reimburse the amount of the returned products within a maximum period of 30 days, excluding shipping costs incurred in the amount of €15 for Italy and €35 for others countries. As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21 /2014, Klaudia Cota may suspend the reimbursement until the receipt of the goods or until the CUSTOMER demonstrates that he has returned the good to Klaudia Cota.
Klaudia Cota will reimburse using the same payment method chosen by the CUSTOMER at the time of purchase. In the case of payment made by bank transfer, and if the CUSTOMER intends to exercise his right of return, he must provide to Klaudia Cota, by accessing the contact section or via e-mail to klaudia.cota@libero.it , the bank details: IBAN, SWIFT and BIC required for repayment.
ARTICLE 7bis - Change of size and or model on International orders
In accordance with the legal provisions in force, the CUSTOMER has the right to request a change of size and/or model within 1 5 days from the date of receipt of the products. The CUSTOMER who intends to exercise this right must communicate this to Klaudia Cota through an explicit declaration, which can be sent by registered letter with return receipt, also by sending an explicit declaration via e-mail. In case of exercise of this right, the CUSTOMER is obliged to return the goods within 1 5 days from the day on which he communicated his will to Klaudia Cota pursuant to art. 57 of Legislative Decree 206/2005. The goods must be returned to the following address:
KLAUDIA COTA
VIA GB MORGAGNI, 38
MILAN
The direct costs of returning the products are charged to the CUSTOMER. The goods must be returned intact, unused, in the original packaging, complete in all its parts (including packaging and any documentation and accessory equipment) and complete with the attached tax documentation. In no case will be replaced or refunded merchandise that has not been made in perfect condition. Without prejudice to the right to verify compliance with the above, Klaudia Cota will proceed to change size and/or model within a maximum period of 14 days (subject to availability), charging the Customer with a cost of €15 for Italy and €35 for other countries, as the shipping amount of the goods being exchanged.
As foreseen by the art. 56 paragraph 3 of Legislative Decree 206/2005, amended by Legislative Decree 21 /2014, Klaudia Cota may suspend the change of goods until receipt of goods or until the demonstration by the CUSTOMER to have returned the goods to Klaudia Cota.
ARTICLE 8 — Delivery methods
Klaudia Cota will accept orders to be delivered all over the world. The products will be delivered by express courier to the address indicated by the CUSTOMER at the time of the order no later than 30 days from the date of receipt by the CUSTOMER of the order confirmation e-mail sent by Klaudia Cota. For every order placed on the www.klaudiacota.com website, Klaudia Cota can issue an invoice for the goods shipped. After the invoice has been issued, it will not be possible to make any changes to the data indicated in the document.
ARTICLE 9 - Responsibility
Klaudia Cota assumes no responsibility for disservices due to force major or unforeseeable circumstances, even if they are dependent on malfunctions and disruptions of the Internet, if it fails to execute the order within the time stipulated in the contract.
ARTICLE 10 - Access to the site
The CUSTOMER has the right to access the site for consultation and purchase. No other use, in particular commercial, of the site or its content is permitted. The integrity of the elements of this site, whether audio or visual, and the related technology used remain the property of Klaudia Cota and are protected by the intellectual property right.
ARTICLE 11 - Privacy Policy
Klaudia Cota is aware of the importance of personal data of its users and therefore intends to inform you and provide you with the maximum possible control over the management of personal information collected through our Website.
Please read carefully this Privacy Policy that applies to each access to the Site, even independently of the purchase of Klaudia Cota products that we sell on the Site.
Some services may be subject to specific legal terms, in which case we will give you all the appropriate information from time to time.
ARTICLE 12 - Cookie Policy
The website www.klaudiacota.com uses "cookies". Cookies are electronic files that record information relating to the navigation of the USERS in the site (pages consulted, date and time of the consultation, etc.) and that allow Klaudia Cota to offer a personalized service to its users. Klaudia Cota informs the users of the possibility to disable the creation of these files by accessing them Internet configuration menu. It is understood that this could prevent the USER from proceeding with the online purchase.
For detailed information on how Klaudia Cota handles your personal data, please read our Cookie Policy
ARTICLE 13 - Integrality
These General Conditions of Sale are constituted by the totality of the clauses that compose them. If one or more provisions of these General Terms and Conditions of Sale is considered invalid or declared as such under the law, regulation 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 Conditions of Sale are subject to Italian law. Any dispute that does not find a friendly solution will be submitted to the exclusive jurisdiction of the Court of the place of residence or domicile of the CUSTOMER, if located in the territory of the State. In any case, it is possible to optionally resort to the procedures of mediation pursuant to Legislative Decree 28/2010, for the resolution of any disputes arising in the interpretation and execution of these conditions of sale.
General sales conditions updated on 11 February 2020.