These conditions of sale concern the purchase of consumer products made through the website “www.kaliste.it” (hereinafter, also the “Site”) managed by KALISTÈ SRL (hereinafter, also “Kalistè”) , with registered office in Via Giuseppe Galliano, 15 10129 TURIN (TO) (Tax Code, VAT number and registration number in the Turin Company Register: 12771050015); PEC: kalistesrl@legalmail.com; customer assistance: servizio.clienti@kaliste.it tel. +393407380665 The offer and sale of products through the Site constitute a distance contract regulated by Chapter I, Title III (Articles 45 and following) of the “Consumer Code” (Legislative Decree n.206/2005) and by the Decree Legislative n.70/2003, which regulates electronic commerce.
For the purposes of these conditions of sale, “Customer” means any natural person (final consumer) who, according to the definition provided by the “Consumer Code”, acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out .
Unless – possibly – otherwise agreed in writing, sales are governed by these conditions of sale, which can be modified by Kalistè at any time. Any modification of these conditions of sale will be effective from the date of its publication on the Site. It is understood that the terms and conditions applicable to the sale of the products and services purchased by the Customer are those in force at the time the order is placed by of the Customer. The Customer is required to read these conditions of sale carefully, both before and during the purchase procedure, to examine them and to “tick” the correct box/s during this procedure.
1. PURCHASE PROCEDURE. CONCLUSION OF THE SALES CONTRACT.
1.1. In compliance with the provisions of Legislative Decree n.70/2003, Kalistè informs the Customer that:
– in order to conclude the contract for the purchase of a product or service, the Customer is required to fill in an electronic order form and send it to Kalistè electronically, following the instructions that appear on the Site. Sending the order implies the assumption of a payment obligation by the Customer;
– where required, the form must be sent within the maximum time indicated for this purpose on the Website;
– before proceeding with the transmission of the form, the Customer can correct any errors and/or inaccuracies in the data entered, by following the instructions on the Site.
1.2. The Customer can only purchase the products present and available in the electronic catalog on the Site, as described in the relative information sheets. The photographs illustrating the products and services on the Site are shown for descriptive purposes only; therefore, it is understood that the image accompanying a product or service may not be perfectly representative of its characteristics, but may differ in colour, size, accessory products present in the figure.
All purchase support information is to be understood as simple generic information material, not referable to the real characteristics of a single product.
1.3. The sales contract between Kalistè and the Customer must be considered concluded with the acceptance of the order by Kalistè.
For this purpose, the Customer will receive by e-mail (to the address provided when placing the purchase order) a notification e-mail containing the order confirmation and the constituent elements of the contract itself, including: Date and Time of placing the order and the ‘Customer Order Number’, to be used in any further communication with Kalistè concerning the purchase order; the summary of the general conditions of sale applied to the order; the indication of the product/s purchased and the relative purchase price; the means of payment chosen by the
Customer sending the purchase order; the delivery costs of the purchased product(s); the expected delivery date.
This e-mail also contains the data entered by the Customer when placing the order; the Customer undertakes to verify its correctness and to promptly notify Kalistè of any corrections, by e-mail to be sent to the address: servizio.clienti@kaliste.it.
1.3.1. The aforementioned e-mail must be understood as confirmation of the sales contract stipulated on a durable medium pursuant to Article 51, paragraph 7, of the “Consumer Code”; to this end, the Customer acknowledges that, having sent this e-mail, Kalistè has fulfilled its documentary obligations and that, consequently, the Customer is bound by the sales contract, and, in particular, is obliged to pay the amount due, regardless of whether or not the order confirmation email has been received, which may depend on third parties and/or factors outside Kalistè’s sphere of control (i.e., the email provider used by the Customer).
1.4. Kalistè reserves the right not to accept an order for any reason, including the unavailability of the ordered product(s) subject to the order. In case of non-acceptance of the order, Kalistè will promptly notify the Customer by e-mail to the address provided when placing the purchase order.
In any case, it is understood that the unavailability of one or more of the products ordered will not in any case give the customer the right to cancel the entire order
1.5. In case of non-acceptance of the order pursuant to Art.1.4. above, Kalistè will refund, using the method used by the Customer for the payment of the amount paid for the purchase of the product(s) ordered, the amount paid by the Customer. .
2. METHOD OF PAYMENT.
2.1. The payment of the consideration due by the Customer – including the price of the product/s purchased and the relative shipping costs – is entirely due by the Customer at the time of forwarding the order.
2.2. The Customer may provide for the payment using the following methods, according to the choice made when placing the order:
A) bank transfer, to the following c/c:
Payable to: Kalistè Srl
Bank: Credit Agricole, Rivoli Branch
IBAN: IT35Y0623030870000040432775
inserting, in the “reason” of the transfer itself, the following data:
– the ‘Customer Order Number’, as reported in the order confirmation e-mail referred to in Article 1.2. that comes before;
– the date of placing the order;
– the name and surname of the order holder.
It is understood that the shipment of the product(s) will take place only after full receipt of the amount due on the Kalistè bank account within 7 (seven) working days from the date of acceptance of the order. Once this term has elapsed without the aforementioned payment having been received, the purchase order shall be deemed automatically and definitively canceled and, therefore, ineffective. Kalistè will notify the Customer of the cancellation of the aforementioned order by e-mail.
B) Credit or prepaid card.
The supported circuits are: VISA, Mastercard, Maestro, JCB internet, Union pay internet and internet currency.
In order to guarantee the security of payments and to protect the Customer against fraudulent use of their credit card, the “3D-Secure” procedure introduced by European Directive n.2366/2015 (“SPD2”) is applied. More specifically, this procedure provides that the navigation data, credit card data, addresses (billing and e-mail address) of the Customer, as well as the amount and currency of the purchase transaction, are transferred to the credit card issuer, who processes the data received to determine the fraud risk of the transaction, considering the amount and the result of the calculation. Depending on the results of this processing, the credit card issuer may require the cardholder to authenticate the payment transaction (i.e., by means of a transaction authentication code or an application). Kalistè also uses the secure payment service by implementing the “SSL” security protocol. Credit card data (number, holder, expiration date, security code) are encrypted and transmitted to the payment manager.
It is understood that the shipment of the product/s will take place only after full receipt of the amount due within 7 (seven) working days from the date of acceptance of the order. Once this term has elapsed without the aforementioned payment having been received, the purchase order shall be deemed automatically and definitively canceled and, therefore, ineffective. Kalistè will notify the Customer of the cancellation of the aforementioned order by e-mail.
C) Cash on delivery.
Directly to the courier in charge upon delivery of the product/s purchased. Payment must be made exclusively in cash (provided that within the limits of cash payments established by the regulations applicable from time to time), and payments by bank checks are not permitted. It is understood that the courier will not deliver the product/s purchased in the event of non-payment – even if only partial – by the Customer.
Cash on delivery will result in an increase in the amount to be paid equal to 2% of the total amount of the products.
3. TERMS AND CONDITIONS OF DELIVERY. APPEARING DAMAGE.
3.1. Kalistè accepts orders with delivery to be made only in Italian territory, by courier. Deliveries are made from Monday to Friday (excluding holidays). On-site collection, at the Kalistè offices, can be made from Monday to Friday, subject to notification of the availability of the ordered product(s).
3.2. For each order placed and successful, Kalistè issues the relative tax document, sending it to the customer by e-mail. For the issuance of this document, the information provided by the Customer when sending the order is valid. The Customer is required to keep a copy of this fiscal document, to be understood as proof of the purchase of the product/s purchased for the purposes of the legal guarantee of conformity pursuant to Article 5 below.
3.3. Delivery costs and/or any ancillary costs are charged to the customer. Deliveries in “disadvantaged” locations (“CAP”) could lead to changes in the indicated transport rates and/or longer delivery times.
3.4. The shipment of the products generally takes place within 2/3 working days from the receipt of the order confirmation e-mail pursuant to Article 1.2. above, except for what – possibly – otherwise communicated to the Customer, and also saves the receipt, by Kalistè, of the payment of the amount due by the Customer pursuant to Article 2.3. above (if it is done by bank transfer or credit or prepaid card).
3.5. The products are delivered to the address indicated by the Customer in the order, at street level unless otherwise communicated by the Kalistè Customer Service.
3.6. It is understood that, after two (2) attempts to deliver the products to the address indicated by the Customer, they will be sent back to Kalistè. Any costs due to the storage of the products themselves will be charged to the customer.
3.7. Pursuant to Article 61 of the “Consumer Code”, in the event of non-delivery within the indicated term, for reasons other than unforeseeable circumstances and/or force majeure, the Customer may notify
Kalistis a new date for the delivery of products.
3.8. Failure by Kalistè to meet the additional delivery date entitles the Customer to terminate the sales contract, with the relative refund of the amounts paid to Kalistè in execution of the contract within a maximum of 14 (fourteen) days.
3.9. The additional delivery term referred to in Art.3.7. above does not apply where the delivery date originally indicated, or agreed, is essential for the Customer, considering all the circumstances that led to the conclusion of the sales contract, or where the Customer has explicitly indicated the essential nature of the delivery date original. In this case, failure to meet the delivery date authorizes the Customer to terminate the sales contract without further rescheduling the delivery of the products, with the consequent return of the amounts paid within a maximum of 14 (fourteen) days.
3.10. The physical possession of the product by the Customer at the time of delivery transfers the risk of any loss and/or deterioration of the product to the same.
3.11. Upon delivery of the product by the courier, the Customer is required to check:
– that the number of packages corresponds to what is indicated in the tax document received from the Customer; – that the packaging of the packages is intact, not damaged, or, in any case, altered and/or tampered with, even in the relative sealing materials.
3.12. The Customer has 48 (forty-eight) hours from the delivery date of the product/s to send Kalistè a written complaint to the e-mail address: servizio.clienti@kaliste.it (accompanied by photographic evidence), for apparent damage (i.e., visible), such as: packaging that is not intact and/or damaged and/or altered and/or tampered with, including in the related sealing materials; visibly damaged products; mismatch of the number of packages with respect to what is indicated in the fiscal document received by the Customer.
After this period without any written complaint being received by the Customer, the product is deemed free of apparent (that is to say, visible) damage.
3.13. Any apparent (i.e. visible) damage referred to in Article 3.12. above, must also be contested immediately, placing the wording “WRITTEN CONTROL RESERVE” (and SPECIFYING THE REASON FOR THE RESERVE, e.g. “holed packaging”, “crushed packaging”, “damaged product”, etc.) on the proof courier delivery letter.
4. RIGHT OF WITHDRAWAL.
4.1. Pursuant to Articles 51 and following of the “Consumer Code”, the Customer has the right to withdraw from the order placed.
4.2. The right of withdrawal can be exercised by the Customer within fourteen (14) days, starting from the date on which the Customer acquires physical possession of the products purchased, also through a designated third party other than the carrier, or:
▪ in the event that multiple products are purchased through a single order and delivered separately, from the day on which the Customer acquires physical possession of the last product;
▪ in the case of delivery of a product consisting of multiple lots or pieces, from the day on which the Customer acquires physical possession of the last lot or piece;
▪ in the case of contracts for the periodic delivery of products during a certain period of time, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the
physical possession of the first product.
4.3. PROCEDURE.
For the purpose of exercising the right of withdrawal within the aforementioned term, the Customer may send a specific written communication to the email address servizio.clienti@kaliste.it, indicating the order identification number, the delivery date of the products , your name and surname, your address, and expressly indicating that you wish to exercise the right of withdrawal. Kalistè assumes no responsibility for communications from the Customer, which have the object of withdrawal and/or returns, which are incomplete and/or illegible. For the purposes of compliance with the fourteen (14) day deadline referred to above, it is sufficient for the Customer to send his/her notice of withdrawal within the expiry of this period.
4.4. CONSEQUENCES.
4.4.1. In case of exercise of the right of withdrawal as provided herein, Kalistè will reimburse the Customer for the payments received, including shipping costs (with the exception of any additional cost that may derive from the choice, by the Customer, of a different delivery method compared to the cheaper standard delivery offered by Kalistè), without unjustified delay and, in any case, no later than fourteen (14) days from the date on which Kalistè was informed, by the Customer, of its decision to withdraw.
4.4.2. For the purposes of this refund, Kalistè will use the same means of payment that the Customer used for the original purchase transaction, unless otherwise agreed between the parties. In no case shall the Customer have to pay for such reimbursement. Kalistè may defer the refund until the products have been delivered to Kalistè, or until the Customer has provided proof that the products have been shipped.
4.4.3. The Customer must return the products to Kalistè without unjustified delay, and in any case no later than fourteen (14) days from the date on which the Customer has informed Kalistè of his/her decision to withdraw. This deadline must be considered respected if the Customer has returned the products within this term.
4.4.4. The Customer will be required to bear the costs for the return of the products. The Customer is solely responsible for the decrease in the value of the goods resulting from the handling of the goods other than that necessary to establish the nature, characteristics and functioning of the goods.
4.4.5. Pursuant to Article 59 of the “Consumer Code”, the right of withdrawal cannot be exercised if, inter alia:
a) the supply of made-to-measure or clearly personalized goods based on the Customer’s needs; b) the supply of goods which are likely to deteriorate or expire rapidly; c) the supply of goods which, after their delivery, are, by their nature, inseparably mixed with other goods;
d) the supply of sealed goods which do not lend themselves to being returned for reasons of hygiene or related to health protection and which have been opened after delivery.
In the event of forfeiture of the right of withdrawal, the goods will remain at the Kalistè headquarters, available to the Customer for collection at the expense of the latter.
4.4.6. The Customer must return the products intact and complete with all their parts, their accessories, their equipment and their documentation, as well as packed in the original packaging, protected with due diligence, without damage or signs of wear and/or dirt .
4.4.7. The purchased items will not be considered intact if the packaging is missing, or if their components and/or accessories decrease their value, or if they are – even if only slightly – damaged.
5. LEGAL WARRANTY OF CONFORMITY.
5.1. The products marketed by Kalistè are covered by a legal guarantee of conformity equal to 24 (twenty-four) months starting from the date of delivery of the same, according to the provisions of Articles 128 and following of the “Consumer Code”. 5.2. Any lack of conformity of the products must be reported to Kalistè, by the Customer, by e-mail, at the address: servizio.clienti@kaliste.it. 5.3. Unless otherwise proven, it is assumed that the lack of conformity which occurs within 1 (one) year of delivery of the products already existed on that date. 5.4. REMEDIES UNDER LAW. According to the provisions of Article 135-bis of the “Consumer Code”, in the event of a lack of conformity reported by the Customer pursuant to Article 5.2. above, the Customer will have the right: a) to replace the product; or: b) the proportional reduction of the purchase price; or: c) the termination of the sales contract, under the terms and conditions set out in the following articles. The aforesaid remedies also apply to products that should benefit from an additional guarantee possibly applied by Kalistè after the period of 24 (twenty-four) months referred to above. 5.5. Pursuant to Article 135-ter of the “Consumer Code”, the replacement of the products will be carried out: a) at no additional cost for the Customer; b) within a reasonable period of time, starting from the date on which the Customer has informed Kalistè about the existence of the lack of conformity; c) without significant inconvenience for the Customer, taking into account the nature of the Products and the purpose for which the Customer wanted the products.
5.5.1. Kalistè may be unable to replace the products (for example, if the products are no longer available). In this case, Kalistè will immediately inform the Customer and may offer him, as an alternative, other products in quantities and/or of equivalent price, or the refund of any amount paid by the Customer, with relative return of the defective products, which must take place according to the provisions provided for by Art.5.5.2. following. 5.5.2. Defective products must be returned to Kalistè, where possible in their original packaging and/or in packaging that is suitable for protecting the products from damage during transport. 5.6. The Customer has the right to a proportional reduction of the price or to the termination of the sales contract pursuant to Article 135-quater of the “Consumer Code”, in the event that: a) Kalistè has not made the replacement, or has not made the replacement, where possible, pursuant to Article 135-ter of the “Consumer Code”, or has declared or is clear from the circumstances, that it will not restore Product conformity within a reasonable period or without significant inconvenience for the Customer, or still has not been able to carry out the substitution pursuant to Art.5.5.1. that comes before; b) a lack of conformity occurs, despite Kalistè’s attempt to restore the conformity of the products; c) the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract. 5.6.1. The Customer may exercise the right to terminate the sales contract by sending a specific communication to Kalistè, via e-mail, at the address: servizio.clienti@kaliste.it, indicating his willingness to terminate the contract. 5.6.2. If the Customer decides to terminate the contract pursuant to Art.5.6.1. above: a) the same will be required to return the defective Products to Kalistè, where possible in their original packaging and/or in packaging that is suitable for protecting the products from damage during transport. Kalistè’s Customer Service will organize the return, at no cost to the Customer;
b) Kalistè will refund the purchase price following receipt of the Products, or a suitable document providing proof that the products have been returned or shipped to Kalistè. 5.3. Unless otherwise proven, it is assumed that the lack of conformity which occurs within 1 (one) year of delivery of the products already existed on that date. 5.4. REMEDIES UNDER LAW. According to the provisions of Article 135-bis of the “Consumer Code”, in the event of a lack of conformity reported by the Customer pursuant to Article 5.2. above, the Customer will have the right: a) to replace the product; or: b) the proportional reduction of the purchase price; or: c) the termination of the sales contract, under the terms and conditions set out in the following articles. The aforesaid remedies also apply to products that should benefit from an additional guarantee possibly applied by Kalistè after the period of 24 (twenty-four) months referred to above. 5.5. Pursuant to Article 135-ter of the “Consumer Code”, the replacement of the products will be carried out: a) at no additional cost for the Customer; b) within a reasonable period of time, starting from the date on which the Customer has informed Kalistè about the existence of the lack of conformity; c) without significant inconvenience for the Customer, taking into account the nature of the Products and the purpose for which the Customer wanted the products.
5.5.1. Kalistè may be unable to replace the products (for example, if the products are no longer available). In this case, Kalistè will immediately inform the Customer and may offer him, as an alternative, other products in quantities and/or of equivalent price, or the refund of any amount paid by the Customer, with relative return of the defective products, which must take place according to the provisions provided for by Art.5.5.2. following. 5.5.2. Defective products must be returned to Kalistè, where possible in their original packaging and/or in packaging that is suitable for protecting the products from damage during transport. 5.6. The Customer has the right to a proportional reduction of the price or to the termination of the sales contract pursuant to Article 135-quater of the “Consumer Code”, in the event that: a) Kalistè has not made the replacement, or has not made the replacement, where possible, pursuant to Article 135-ter of the “Consumer Code”, or has declared or is clear from the circumstances, that it will not restore Product conformity within a reasonable period or without significant inconvenience for the Customer, or still has not been able to carry out the substitution pursuant to Art.5.5.1. that comes before; b) a lack of conformity occurs, despite Kalistè’s attempt to restore the conformity of the products; c) the lack of conformity is so serious as to justify the immediate reduction of the price or the termination of the sales contract. 5.6.1. The Customer may exercise the right to terminate the sales contract by sending a specific communication to Kalistè, via e-mail, at the address: servizio.clienti@kaliste.it, indicating his willingness to terminate the contract. 5.6.2. If the Customer decides to terminate the contract pursuant to Art.5.6.1. above: a) the same will be required to return the defective Products to Kalistè, where possible in their original packaging and/or in packaging that is suitable for protecting the products from damage during transport. Kalistè’s Customer Service will organize the return, at no cost to the Customer;
b) Kalistè will refund the purchase price following receipt of the Products, or a suitable document providing proof that the products have been returned or shipped to Kalistè.