1.1 The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site store.knitaly.eu.
1.2 The products on the site can only be purchased and delivered in the countries listed on the Order Form. Any orders for shipment outside of these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by Knitaly S.rl., with registered office in Italy at Via Giuseppe Di Vittorio 10/A - 42046 - Reggiolo (RE) (hereinafter Knitaly or the Seller).
For any information, you can contact the eCommerce Department of Knitaly S.r.l.:
2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders for products on store.knitaly.eu and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on store.knitaly.eu through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale because the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.
2.3 The products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the site store.knitaly.eu are intended for adult customers. If you are below age 18, you must have the permission of one of your parents, or a legal guardian, before you can purchase on the site store.knitaly.eu. Remember: this is always the case, not only for our site but for all the sites that you visit on the Internet: always ask for your parents’ help if you see, or are asked for, information you do not understand when surfing the Internet. By placing an order on this web site, you are guaranteeing us that you are an adult (18 years old) and have the legal ability to enter into a binding contract.
2.5 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.
2.6 Moreover, by accepting these Conditions of Sale, you release the Vendor from any liability deriving from the issuing of incorrect tax documents due to errors in the data you provided at the time of the entry of the online order, since, as the customer, you are the only one responsible for their correct entry.
3. SALES THROUGH THE ECOMMERCE SERVICE
3.1 “Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between you, as the Customer, and Knitaly, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
3.2 To conclude a contract for the purchase of one or more Products, you must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions.
3.3 The Order contains:
3.4 Despite Knitaly’s adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer you are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
3.6 The contract is concluded when the Vendor receives your Order Form over the Internet and checks the correctness of the data on your order.
3.7 The language available for concluding the contract with the Vendor is Italian and the contract is governed by Italian law.
3.8 After the conclusion of the contract, the Vendor will be responsible for filling your order.
4. ORDER FULFILLMENT
4.1 By sending the Order over the Internet, you unconditionally accept, and undertake to be observe, these General Conditions of Sale in your relations with the Vendor.
4.2 After the contract is concluded, the Vendor will send you an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact you at the e-mail address or telephone number you indicated to request additional information about the Order you sent over the Internet.
4.4 The Vendor may refuse to fill your purchase orders that do not provide a sufficient guarantee of solvency, are incomplete or incorrect or if the Products are not available. In these cases, we will inform you by e-mail that the contract is not concluded and that the Vendor has not filled your Order, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released. Moreover, despite our best efforts, it could sometimes happen that the prices for the products on our site are wrongly indicated. In any case, we will check the right price of our products whilst going through your order prior to dispatch. Should the price indicated on the site be lower than the actual sales price as a result of oversights or other errors, we will get in touch with you to check whether you still want to make the purchase at the right price. If you decline, we will not be able to proceed with your order. Should the right price of an item be lower than that shown on the site, we will only charge you the right lower price and we will send you the product.
4.5 If the Products shown on the web site are no longer available or for sale after the sending of the Order, the Vendor will notify you of the unavailability of the Products ordered in a timely manner and, in any case, within thirty (30) working days after the date on which you sent your Order to the Vendor. In this case, the sum authorized on the Customer’s means of payment will be released.
4.6 The Vendor undertakes to deliver the products ordered to the customer no later than 30 days from the date of conclusion of the contract.
4.7 Each sale made by the Vendor through the online sales service can regard one or more Products. Nevertheless, all orders made on the site must be in keeping with ordinary consumption requirements. This applies to a number of products purchased in a single order, but also to many different orders for the same product, even if each single order contains an amount of products in keeping with ordinary consumption requirements.
4.8 Knitaly reserves the right to refuse orders from a customer that it Formattato: Giustificato is suing relative to a previous order. or with who it has a dispute. This applies equally to all cases in which Knitaly considers the client to be unsuitable, including by way of example, the case of previous violations of the contract conditions for online purchases from the site or for any other legitimate reasons, especially if the customer was involved in any kind of fraudulent activity.
5. SALE PRICES
5.1 Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in British Pounds. The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
5.2 All Products are shipped directly from Italy. Where not specified otherwise, Product prices and shipping and delivery costs shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the EU or to countries in which current law requires importation fees. If it should be the case, the further expenses will be shown during the placing of the order.
5.3 Therefore, the Customer is responsible for these costs and they must be paid at the time the Products are delivered, according to the specific instructions in the Order Confirmation.
6. METHOD OF PAYMENT
To pay the price of the Products and the relative shipping and delivery expenses, you can use one of the methods indicated on the Order Form of the site store.knitaly.eu and which are summarized below.
6.1 Credit cards and prepaid cards
6.2 Bank Transfer
6.3 At no time during the purchase procedure will Knitaly have access to your credit card information (such as the number of the credit card or its expiration date), which is sent using directly to the subject that manages the electronic payment (bank or Paypal) over a connection protected by an encryption protocol. This data is not kept by the Vendor in any computer archive.
6.4 So, the Vendor cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.
7. SHIPPING AND DELIVERY OF THE PRODUCTS
7.1 Each shipment contains:
7.2 The Products purchased on the web site from the Vendor can be delivered in various ways.
7.3 Delivery to the Customer’s home
8. RIGHT OF WITHDRAWAL
8.1 Only if the Customer that enters into the contract is a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), he will have the right to withdraw from the contract concluded with the Vendor without any penalty and without specifying the reason, with the term of fourteen (14) working days beginning from the day the products purchased on the web were received.
8.2 You have two options for exercising the right of withdrawal.
8.3 When you fill out the Online Return Form you will be given all the information you need to return the Products.
8.4 The right of withdrawal is subject to the following conditions:
8.5 If you exercise the right of withdrawal according to the preceding conditions (paragraph 8.4), the Vendor is required to refund the sums paid by you within no more than 14 days from the material receipt of the returned products by the Vendor. Normally, the crediting of the amount originally withdrawn by Knitaly occurs very quickly but the time required for the credit to appear in your current account will depend on your bank.
8.6 In the case of a return, the only charges remaining will be the initial shipping charges for the products purchased.
8.7 Knitaly will only refund the initial shipping charges in the case of damage in transport or shipping errors by Vendor. In these cases only, the Vendor will also refund the amount that you paid for shipping expenses. The Vendor will send an express courier to pick-up the product from the address you indicated.
8.8 For the return, you must only use the courier indicated by the Vendor on the Online Return Form: in this way, you will not have to pay the expenses you are responsible for to return the products purchased because the Vendor will pay them on your behalf. Then, except for the provisions of preceding point 8.7 and for returns due to product defects, the Vendor will deduct a lump-sum amount from the refund due you equal to the cost you were previously charged for shipping to your home, or the shipping expenses normally charged for the country of delivery. In addition, from the moment the products purchased are given to the shipper indicated by the Vendor in the online return form, the Vendor will release you from any liability if the products are lost or damaged during transport.
8.9 In the case where the option to deliver the products to one of the sales points that has an agreement with the Vendor was available at the time the online return form was filled out, you can return the Products directly to a sales point with an agreement with the Vendor. In that case, in addition to the price paid for the purchase, you will also be refunded the shipping expenses that you were previously charged for the delivery of the Products purchased. From the moment the products are delivered to the sales point, the Vendor releases you from any liability if they are lost or damaged during transport.
8.10 The right of withdrawal cannot be applied in the case of products that have been customized on your explicit request at the time the order was entered.
9. WARRANTY OF NONCONFORMING PRODUCTS
9.1 The Vendor is responsible for any defects in products offered on the site, including the nonconformity of the items to the products ordered, in conformity with Italian law.
9.2 The warranty will have effect for two years from the delivery of the products. If the Customer has signed the contract in the capacity of a Consumer (this definition meaning any physical person who accesses the site for purposes other than the business or professional activities he may exercise), this warranty is valid on the condition that both of the conditions indicated below are respected:
9.3 In particular, in the case of a lack of conformity, the Customer that signed the contract in the capacity of Consumer will have the right to have the product repaired or replaced, i.e., to receive an appropriate price reduction or the cancellation of the contract for the disputed goods and the consequent refund of the price.
9.4 All the costs of replacing defective products will be paid by the Vendor.
The Knitaly eCommerce team is available to answer any questions and can be contacted at the following e-mail address, firstname.lastname@example.org, or at the following postal address: Knitaly S.rl. Via Giuseppe Di Vittorio 10/A - 42046 - Reggiolo (RE)
11. COMMUNICATIONS TO THE CUSTOMER
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
13. GOVERNING LAW, DISPUTE SETTLEMENT AND COMPETENT JURISDICTION
13.1 These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to Italian law (subject to any other mandatory law provision of the Customer's country which may prevail) and any disputes relating to and/or consequential to them shall be resolved exclusively by Italian courts (as specified below). In particular, if the Customer qualifies as a Consumer, any disputes will be resolved by the court of his domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by the Court of Reggio Emilia. If, instead, the customer is acting in the exercise of his business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the Court of Reggio Emilia.
14. MODIFICATION AND UPDATING
The Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website store.knitaly.eu and in relation to purchase orders submitted after that date.