Kisalia SRLS (Kisalia) provides site functionality and other products and services when you services when you visit or shop at Kisalia.com/en/eu, use Kisalia products or services, applications Kisalia products or services, Kisalia applications or software in connection with any of the above activities. Kisalia provides its Services under the following terms and conditions.
You please read these general conditions of use ("General Conditions of Use") carefully before using the Services. of use ("General Conditions of Use") before using the Services. Kisalia Services. By using Kisalia's Services, you agree to these Terms of Use. General Terms and Conditions of Use. We offer Services and you may be subject to additional terms and conditions. When using a Kisalia Service Kisalia Service (for example: Your Profile), you will also be subject to the terms, guidelines and general conditions applicable to that service ("Service Terms"). particular Service ("Terms of Service"). In case of conflict between these Terms of Use and the Terms of Service, the Terms of Service shall prevail. Terms of Service shall prevail.
PRIVACY
You Please review our Privacy Policy and our Cookies Policy Cookies policy that governs your use of the Kisalia Services, to understand our practices. Kisalia Services, to understand our practices.
ELECTRONIC COMMUNICATIONS
When use the Kisalia Services or send us e-mails, you are communicating with us electronically. electronic form. We will communicate with you by e-mail or by posting notices on the Site. Without prejudice to specific legal provisions of a mandatory provisions of law, for the purposes of this contract, you agree to receive receive communications from us in electronic form and you acknowledge and you acknowledge that all contracts, notices, disclosures and other communications communications that we provide to you in electronic form satisfy the written requirement of written form, where required by law.
COPYRIGHT AND DATABASE RIGHTS
All content present or made available through the Kisalia Services services in the form of text, graphics, logos, icon buttons, images, audio files, digital downloads audio files, digital downloads, data compilations and software, are the property of property of Kisalia or of its content providers and are protected by by Italian and international laws on copyright and database rights. copyright and database rights. The list of all content present or made available through Kisalia Services is the exclusive property of Kisalia and is protected by Italian and international copyright laws. laws on copyright and database rights. database rights.
You may not systematically extract and/or reuse parts of the Kisalia Services without the express written consent of Kisalia. In particular, you may not use data mining, robots or similar acquisition or extraction devices to extract (one or more times) to reuse any substantial part of any of the Kisalia, without our express written consent. You also may not create and/or publish your own database that reproduces substantial parts (e.g., prices and product lists) of the Kisalia Services without the express written consent of Kisalia. written consent of Kisalia.
LICENSE FOR ACCESS TO KISALIA SERVICES
A provided that you comply with these Terms of Use, the Terms of Service, and provided that you pay any applicable applicable fees, Kisalia or its content provider grants you a limited, non-exclusive, non-transferable and grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Kisalia Services. sublicenseable license to access and use the Kisalia Services for personal, non-commercial use. and non-commercial use. This license does not include any right of commercial use of each Kisalia Service or its contents, nor does it include contents, nor the right to collect and use lists, descriptions or prices of products prices of products, make derivative use of the Kisalia Services or their contents, make any kind of contents, make any kind of download or copy of account information account information for the benefit of another reseller, or use data mining, robots or similar data acquisition and extraction devices. data mining. All rights not expressly granted by these these Terms of Use or the Terms of Service remain with Kisalia or its affiliates. all rights not expressly granted by these Terms of Use or the Terms of Service shall remain with Kisalia or its licensors, suppliers, publishers, owners or other service providers. other service providers.
You may not reproduce, duplicate, copy, sell, resell, visit or in any other way use for any commercial use the Kisalia Services in whole or in part without our express written consent. You may not engage in framing or use framing techniques to misappropriate any trademark, logo or other information any trademark, logo, or other proprietary information (including images, text, page settings, etc.). including images, text, page settings, or format) of Kisalia without the without our express written consent. You may not use any meta tags or any other "hidden text" using the name or trademarks of Kisalia's trademarks without express written consent from us. You must not misuse the Kisalia Services. You may use the Kisalia Services only within the limits of the law. Violation of these General Terms of Use or of the Terms of Service will result in the revocation of the authorization or license issued by Kisalia. license issued by Kisalia.
YOUR ACCOUNT
If use the Kisalia Services, you are required to keep your account and password confidential your password and to control access to your computer, and you agree, to the extent permitted by applicable law, to be held liable for all activities carried out with responsible for all activities that occur under your account and password. your account and password. You agree to take all precautions necessary to ensure that your password remains secure and confidential confidential and you undertake to inform us immediately if you have any reason to believe that any third party has have reason to believe that any third party has knowledge of your your password, or if your password is, or is likely to be, used in a way that is not in accordance with about to be used in an unauthorised way. You must ensure that the information you provide to us is correct and complete, and immediately notify us of any changes to the information you you have provided. You will be able to access and update most of the information provided in the "My Account" section of the site.
Not You shall not use the Kisalia Services: (i) in any manner that will or may cause cause interruptions, damage or malfunctions to the Kisalia Services and its Kisalia Services and its functionalities, or (ii) for fraudulent purposes, or otherwise to to commit unlawful activities, or (iii) to cause annoyance, harm or apprehension.
We reserve the right to prevent access to the site and/or the site and/or the Kisalia Services, suspend or terminate an account, remove or edit the remove or modify the contents of the site at our discretion, in case of violation of in case of violation of applicable laws, of these these General Terms and Conditions of Use or applicable guidelines or policies. policies.
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
E' allowed to publish reviews, comments and other content, send electronic postcards and other communications and submit suggestions, ideas, comments, questions, or other information, provided that the content is not is unlawful (i.e., obscene, abusive, intimidating, defamatory, does not violates privacy, intellectual property rights, or is not otherwise offensive to otherwise offensive to Kisalia and/or third parties or deplorable and is not or does not in any case does not contain viruses, political propaganda, commercial commercial, chain letters, mass e-mails or any other form of form of spamming). You may not use a false e-mail address pretend to be another person or entity, or otherwise lie about your otherwise lie about the origin of a postcard or other content. content. We reserve the right (but have no obligation) to act without full and detailed notification) to remove or edit such content. edit such content. If you believe that any content, or any advertisement published on the site or used in the context of the Services Services contain a defamatory statement or that an intellectual property right of yours has been intellectual property right has been violated by an article or by information posted on the site or used within the scope of the Kisalia Services, please notify us describing the problem in detail and we will promptly and we will take prompt action.
If you decide to send contents or materials, you expressly authorize Kisalia to publish on the site, as well as the name you use in relation to them, and to adapt the format of such in relation to them, and to adapt their format, to the extent necessary to make them accessible to the public through the Internet. We do not acquire ownership of the materials you receive and we have no obligation to monitor the content transmitted or hosted on the site. As a hosting provider, we only have a duty to remove illegal content to the extent content, to the extent permitted by law. You agree that the above rights rights granted to us are irrevocable for the full term of your intellectual property rights intellectual property rights associated with such content and materials. You agree to take all further steps necessary to perfect any of the rights necessary to perfect each of the above rights granted by you to Kisalia, including granted by you to Kisalia, including the execution of deeds and documents, upon our request.
You represent and warrant that you have, personally or otherwise, the ownership or in any case the availability of all rights relating to all rights to the content of what you publish; that, at the date on which the content or material is posted: (i) the content and material is accurate and relevant; and (ii) your use of the content and material content and material you provide does not conflict with any of the applicable applicable policies and guidelines of Kisalia and that such use does not cause harm to third parties. Without prejudice to cases in which liability can be attributed to the failure to remove illegal content unlawful content following the receipt of an explanatory notification, you will undertake to indemnify Kisalia against all legal actions taken by third parties against Kisalia, arising out of or in any way connected with the content and materials provided by you.
INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS
Kisalia respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been been used in a way that could lead to possible infringement, please contact us and explain the situation. explain the situation
OUR RESPONSIBILITY
We will do our best efforts to ensure that access to the Kisalia Services is provided without interruption and that transmissions are error-free. However, due to the nature of the Internet, uninterrupted access and error-free transmission cannot be guaranteed. error-free transmission cannot be guaranteed. In addition, your access to the Kisalia Services may also be occasionally suspended or restricted to allow for the performance of maintenance work, or the introduction of new activities or services. services. We will attempt to limit the frequency and duration of these suspensions and limitations.
Kisalia shall not be liable for (i) losses that are not a consequence of our breach of these general conditions or general conditions or (ii) for any loss of business opportunity (including lost profits, revenues, contracts, deemed savings, data, data, goodwill or unnecessarily incurred expenses) or (iii) any other indirect or consequential indirect or consequential loss that was not reasonably foreseeable by either you or reasonably foreseeable, either by you or by us, at the time you began to use the Kisalia Services.
We shall not be liable for any delay or failure to perform our obligations under these general conditions general terms and conditions if the delay or non-performance results from unforeseeable circumstances or force majeure. This provision shall not not affect your rights under the law and in particular your right to receive your right to receive the purchased goods within a reasonable period of time or to be refunded in case of non-delivery due to circumstances arising from unforeseeable circumstances or force majeure. The provisions of law in force in some states may prohibit the limitations of liability set forth above. In the event that such applicable, the limitations of liability set forth herein shall not apply and you may be entitled to limitations of liability shall not apply and you may be entitled to additional additional rights. Nothing contained herein shall limit or exclude our liability for death or personal injury caused by our negligence, wilful caused by our negligence or caused by our wilful misconduct or gross negligence.
APPLICABLE LAW AND COMPETENT COURT
The General Conditions of Use are governed by and must be interpreted in accordance interpreted in accordance with Italian law. You agree, and we accept in turn, to submit to the non-exclusive jurisdiction of the Italian Courts. As a consumer you may bring an action before the Courts of Italy or of the European Union member state in which you are resident or domiciled to promote a dispute in relation to these Terms of Use. these General Conditions of Use.
CHANGES IN THE SERVICE OR CHANGES IN THE CONDITIONS
We reserve the right to modify the Kisalia Services, policies, these these General Terms of Use and the Terms of Service at any time any time to offer new products or services or to comply with legal or regulatory requirements. legal and regulatory requirements. You will be subject to the policies and terms of the Terms of Use in effect from time to time at the time you use the when you use the Kisalia Services. In the event that any provision of these conditions is deemed invalid, void or for any reason unenforceable, then for any reason whatsoever, such condition shall not affect the validity and effectiveness of the the validity and effectiveness of the other provisions.
DISCLAIMER
In In the event of any breach by you of these Terms and Conditions of of Use, our failure to exercise our right to take action against you does not not represent a waiver of our right to act for the violation of the obligations breach of your obligations.
MINORS
Not sell products to minors. We sell children's products that can only be only be purchased by adults. If you are under 18 years of age, you may use the Kisalia Services only with the involvement of a parent or guardian.
OUR CONTACTS
This site is owned and operated by Kisalia SRLS.
For Kisalia SRLS:
P.IVA/C.F./Reg.Imp. 01831490436
VAT: IT01831490436
CCIA-NREA MC n. 185335
Registered Office:
Kisalia SRLS, Via Ceccaroni 1, 62019, Recanati (MC), Italy
Operational Headquarters:
Kisalia SRLS, Via Grazia Deledda 3, 62010, Montecassiano (MC), Italy
The these general terms and conditions of sale govern the sale of of products and, where applicable, of services through the site when Kisalia SRLS operates as a seller ("General Conditions of Sale"). Kisalia is the trade name of Kisalia SRLS. The sale of products by by third party sellers will be governed by the terms and conditions of sale of sale applicable from time to time. We offer Services and you may be subject to additional terms and conditions. When using a Kisalia Service (for example: Your Profile), you will also be subject to the terms, guidelines and to the general terms, guidelines and conditions applicable to that particular Service ("Service Terms"). that particular Service ("Terms of Service"). In case of conflict between these Terms of Use and the Terms of Service, the Terms of Service shall prevail. Terms of Service shall prevail.
We invite you to read carefully read these General Conditions of Sale before proceeding with any proceed to any purchase. By making any purchase you fully accept these General Terms and Conditions of Sale.
OUR CONTRACT
The display of Kisalia Services on the virtual showcase of the site constitutes an invitation to offer.
If you wish to buy one or more of the products shown on the site, you can select them one at a time, adding them to your cart. Once you have once you have selected all the items you wish to purchase, you can close your shopping cart and place your order. At this point you will At this point you will see a page summarizing the products you have selected, their price and delivery options (with relative costs). You will be You will be asked to choose the preferred solution for delivery, transport and transport and payment method.
At the bottom of the same page you will find the "Order" button, which you will have to click to place your order.
The Your order will be considered as a contractual proposal to Kisalia for the purchase of the listed products. purchase proposal addressed to Kisalia for the products listed, considered each one individually. Upon receipt of your order, we will automatically send you automatically send you an e-mail confirming the acceptance of your order ("Order Receipt E-mail") which, however, does not constitute acceptance of your purchase proposal. By sending the E-mail Order In fact, by sending the Order Receipt E-mail, we only confirm that we have received the order and have submitted it to you. order and that it has undergone the process of data verification and availability of the products you have requested. availability of the products you have requested. The sales contract with The contract of sale with Kisalia SRLS will be concluded only when we send you a separate e-mail separate e-mail of acceptance of your purchase proposal, which will also contain will also contain the information relating to the shipment of the product and the expected date of delivery ("Shipping Confirmation E-mail"). In the case in which your order is processed through multiple shipments, you may receive separate Shipment Confirmation E-mails. You may cancel your order before you have received our Shipping Confirmation Shipment Confirmation E-mail, provided the order has not been prepared for shipment. prepared for the shipping process. In this case you will not be charged any cost. It 'still subject to the right of withdrawal under the terms and conditions set out in art. 2 below.
All orders orders placed on the site must correspond to the normal requirements of consumption. This requirement applies both in relation to the number of products purchased with a single order, both in case of a plurality of orders plurality of orders for the same product even if each order where each order includes a quantity of products corresponding to normal normal consumption needs.
RIGHT OF WITHDRAWAL
The Kisalia's return policy allows you to withdraw from the sales contract without having to without having to specify the reason up to 10 (ten) calendar days from the date of delivery of the goods. (ten) calendar days from the date of delivery of the products, unless the right of withdrawal is excluded by the applicable law. applicable legislation. You can check the details on the withdrawal in the page Right of withdrawal. Large-sized products are those products for which the sum of the dimensions of the package (length + height + depth) is greater than or equal to 165 cm and the weight (including packaging) is greater than or equal to 30kg.
In case of exercising the right of withdrawal in accordance with this prescribed herein, you will be entitled to obtain a refund of the price paid for the purchase of the product being returned.
To exercise the right of withdrawal you must follow the instructions for the return, specifying "right of withdrawal" as the type of return.
In assumptions in which the right of withdrawal is excluded under the legislation applicable to distance contracts, you can not exercise the rights in this article. More information on the terms and conditions terms and conditions are available on the page concerning the right of withdrawal.
PRICES AND AVAILABILITY
All prices are inclusive of VAT applicable by law.
The information about the availability of the products we sell is listed listed on the site, as well as on each product's presentation page. product presentation page. Other than the information provided on that page or elsewhere on the on the site, we are unable to give more precise indications regarding the availability of the products. Please note that the estimated time estimated delivery times are purely indicative and cannot be relied upon. cannot be relied upon. Once we have received your order we will notify you by e-mail if any of the products you have ordered are not available. are not available.
Despite all our efforts, we cannot exclude the possibility that for a small part of the products in our catalog In spite of all our efforts, we cannot rule out the possibility that a small number of the products in our catalogue may be listed at a different price than the actual price. In any case, we will check the correctness of the prices of the products during the process of order verification and subsequent shipment of the products. of the products. If, due to misunderstandings or other inconveniences, the price If, due to misunderstandings or other inconveniences, the price indicated on the site should be lower than the correct price selling price of a product, we will contact you to see if you would still like to still want to purchase the product at the correct price. Otherwise your Otherwise, your order cannot be accepted. If the correct price of a product price of a product is lower than the correct price shown on the site, we will charge you the lower correct price only. only the lower correct price and we will still ship the product to you.
DOGANA
If the goods ordered by Kisalia should be delivered outside of Italy, you may be subject to import duties and taxes, payable once the package reaches the specified destination. Any additional cost of customs clearance will be charged to you. Not have control over these costs and cannot predict the amount. Customs policies vary considerably from country to country and you should you should contact your local customs office for more information. information. Please also note that when place orders on the site, you are considered an importer and are therefore required to comply with all comply with all laws and regulations of the country in which you receive the goods. country in which you will receive the goods.
Your privacy is important to us us and we know that you care about how the information related to your about your order is used and shared. We would like our international international customers and customers shipping products abroad to be aware that be aware that cross-border deliveries are subject to opening and inspection of products by customs authorities.
WARRANTIES ON PRODUCTS SOLD BY Kisalia AND LIMITATIONS OF LIABILITY
The The warranty regime on products sold by Kisalia differs depending on whether the buyer is a "consumer" or a "professional" within the meaning of within the meaning of Directive 1999/44/EC on "certain aspects of sales contracts and contracts of sale and guarantees relating to consumer goods".
If If you purchase as a "consumer", you benefit from the legal guarantee of conformity which the seller is required by law on every good sold ("Legal Warranty").
The Legal Warranty - to which Kisalia is bound as seller - guarantees the goods against defects of conformity with the contract of sale.
According to the law, in case of applicability of the Legal Warranty, you will have the right to restore the conformity of the goods by repair or replacement, or, if this is not possible this is not possible, to a reduction in the purchase price or to the termination of the contract. Kisalia is therefore liable for defects of defects in conformity if they occur within two years from the date of delivery of the goods. years from the date of delivery of the goods. You will still have the burden of report the lack of conformity within two months from its discovery. its discovery.
You will find more information on the rules of and operation of the Legal Guarantee, with examples of cases visit our Warranty page.
In the event that you find a lack of conformity of the goods purchased from Kisalia during the period of validity of the Legal Warranty, please open a ticket and contact us.
To the extent permitted by law, Kisalia disclaims any liability in the event that the product delivered does not comply with the legislation of the country of delivery other than Italy.
Kisalia will not be responsible in case of delay in the delivery of the purchased goods due to insufficient stocks at the supplier's premises.
We will also not be responsible for non-substantial differences between the purchased goods and their illustrative illustrative images and text descriptions published on our site.
Fact except in the case of intent or gross negligence, we are only liable for any direct and foreseeable damage at the time of the conclusion of the contract of sale. We shall not be liable for any losses, loss of profit or any other damage that is not the immediate and direct immediate and direct consequence of our breach or which was not foreseeable at the time of the foreseeable at the time of the conclusion of the contract of sale. Kisalia is not in any way responsible for the fulfillment of obligations obligations borne by third parties that may offer commercial guarantees in relation to products for sale on the site.
APPLICABLE LAW AND COMPETENT COURT
The General Conditions of Use are governed by and must be interpreted in accordance interpreted in accordance with Italian law. You agree, and we accept in turn, to submit to the non-exclusive jurisdiction of the Italian Courts. As a consumer you may bring an action before the Courts of Italy or of the European Union member state in which you are resident or domiciled to promote a dispute in relation to these Terms of Use. these General Conditions of Use.
CHANGES TO THE GENERAL CONDITIONS OF SALE
We reserve the right to change the site, the policies and these General Conditions of Sale at any time to offer new products or services, or to comply with products or services, or to comply with legal or regulatory requirements. regulations. You will be subject to the policies and terms of the Terms and Conditions of Sale in force from time to time at the time you order products from us, unless you order products from us, unless any changes to such policies and terms are requested by you. unless any change to such policies and terms is required by applicable law or authorities (in which case, they will also apply to orders you have previously placed with us). orders you have previously placed). If any of the provisions of provision of these terms and conditions is held to be invalid, void or for any reason unenforceable, the for any reason whatsoever, such condition shall not affect the validity and enforceability of the the validity and enforceability of the remaining provisions.
DISCLAIMER
In In the event of any breach by you of these General Terms and Conditions of the failure of us to exercise our right of action against you does not not constitute a waiver of our right to take action against you for the breach of your obligations.
MINORS
Not sell products to minors. We sell children's products that can only be only be purchased by adults. If you are under 18 years old, you may use Kisalia.com only with the involvement of a parent or guardian.
OUR CONTACTS
This site is owned and operated by Kisalia SRLS.
For Kisalia SRLS:
P.IVA/C.F./Reg.Imp. 01831490436
VAT: IT01831490436
CCIA-NREA MC n. 185335
Registered Office:
Kisalia SRLS, Via Ceccaroni 1, 62019, Recanati (MC), Italy
Operational Headquarters:
Kisalia SRLS, Via Grazia Deledda 3, 62010, Montecassiano (MC), Italy
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