The offer and sale of products made on the www.kensingtonfashion.com website are governed by these General Conditions of Sale. Before submitting the Purchase Order, the Customer must carefully read these general conditions of sale. To forward a purchasing implies the full knowledge and express acceptance of both the above-mentioned General Conditions of Sale and of what’s indicated in the Order Form. The Customer is obliged, once the online purchase procedure is concluded, to print and keep these General Conditions of Sale and the related Order Form, already viewed and accepted.
1.1 These General Conditions of Sale have as their object the sale of products made online through e-commerce service on www.kensingtonfashion.com
1.2 The products sold on the site can be purchased and delivered exclusively in the countries indicated in the Order Form. Any orders for shipments to be made outside these countries will be automatically rejected during the Order's processing procedure.
2.1 The products are sold directly by the company Kensington Fashion Srl. With Registered Office in Via Costarelli 8 95124 Catania (Ct), /P.IVA 04203940871 (hereinafter "kensingtonfashion" or "Seller").
For any information request, you can contact kensingtonfashion.com:
Khloe FemmeSrl, Via Costarelli 8, 95124 - Catania (Ct) – Italy
2.2 The products are sold to the Customer identified by the data entered when completing and sending the Order form in electronic format with simultaneous acceptance of these General Conditions of Sale.
2.3 The offers of products on the www.kensingtonfashion.com website are exclusively for adults.
If you are under the age of 18 to be able to purchase on www.modartfashion.com you must first have the consent of one of your parents or a legal guardian.
Remember: this is always true, not only for our site, but for all the sites you visit on the Internet: when you browse the Internet, you may see or are asked for information that you do not understand or are not clear, always ask your parents for help.
By creating an Order through this website, you guarantee us that you are over 18 years of age and have the legal capacity to enter into binding contracts.
2.4 The Customer is forbidden to enter false names, and / or invented, and / or fancy, in the online Order procedure and in further communications. The Seller reserves the right to prosecute any violation or abuse, in the interest and for the protection of all consumers.
2.5 By accepting these Conditions of Sale, moreover, the Customer exonerates the Seller from any responsibility deriving from the issue of incorrect tax documents due to errors in the data provided at the time the Order is placed online, as the Customer is solely responsible of their correct insertion.
3. The sale via e-commerce service
3.1 An online sales contract means the distance contract concerning the sale of movable goods (hereinafter Products) stipulated between the Customer and Kensington Fashion Srl, as Seller, in the context of an organized electronic commerce service by the Seller who, for this purpose, uses the remote communication technology known as the Internet.
3.2 To conclude the purchase contract of one or more Products, the Customer must complete the Order form in electronic format (hereinafter Order) and transmit it to the Seller through the Internet by following the relative instructions.
3.3 The Order contains:
a reference to these General Conditions of Sale;
information and images of each Product and the relative price;
the payment method that you may use;
methods of delivery of the Products purchased and the relative shipping and delivery costs;
a reference to the conditions for the exercise of your right of withdrawal;
methods and time for returning the purchased products.
3.4 Despite www.kensingtonfashion.com constantly adopts measures aimed at ensuring that the photographs shown on the Website are faithful reproductions of the original products, including the adoption of every possible technological solution to minimize the inaccuracies, some variations are always possible due to the technical characteristics and color resolution features of the computer you are using. As a consequence, the Seller will not be responsible for the possible inadequacy of the graphic representations of products shown on the Site if due to the aforementioned technical reasons, since such representations are merely illustrative.
3.5 Before concluding the contract, the Customer will be asked to confirm the reading of the General Conditions of Sale including the information on the right of withdrawal and the processing of personal data.
3.6 The contract is concluded when the Seller receives via Internet the Order Form sent by the Customer, subject to verification of the correctness of the data relating to the Order itself.
3.7 The language available to conclude the contract with the Seller is Italian and the applicable law is Italian.
3.8 Once the contract is concluded, the Seller will process the order for its evasion.
4. Evasion of the Order
4.1 With the transmission through the Internet of the Order, the Customer accepts unconditionally and undertakes to observe, in relations with the Seller, these General Conditions of Sale.
4.2 Once the contract is concluded, the Seller will transmit to the Customer, by e-mail, a Confirmation of the Order, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 The possibility remains, on the part of the Seller, before sending the Order Confirmation, to request you via e-mail or by the telephone indicated by the Customer, further information with reference to the Order sent via the Internet.
4.4 The Seller may not process purchase orders that do not give sufficient guarantees of solvency or that are incomplete or incorrect, or in case of unavailability of products. In these cases, we will inform the Customer by e-mail that the contract is not concluded and that the Seller has not followed the Order specifying the reasons. In this case the sum previously committed to the customer's payment will be disengaged.
4.5 If the products presented on the website are no longer available or on sale after sending the Order, it will be the Seller's responsibility to notify you promptly and in any case within thirty (30) working days from the day following that in which the Customer has transmitted the Order to the Seller, any unavailability of the Products ordered. In this case the sum previously committed to the customer's payment will be disengaged.
4.6 Each sale made by the Seller through the online sales service may concern one or more products, without quantity limit for each item.
4.7 kensingtonfashion.com reserves the right to refuse orders from a customer with whom there is a legal dispute concerning a previous Order. This also applies to all cases in which kensingtonfashion.com deems the Customer unfit, including, but not limited to, the case of previous breach of contract conditions for online purchase on the Site or for any other legitimate reason, especially if the Customer has been involved in fraudulent activities of any kind.
5. Sales prices
5.1 Unless otherwise stated in writing, all prices of the Products and the shipping and delivery costs indicated on the website and in the Order are to be considered VAT included and expressed in Euro. The validity of the indicated prices is always and only the one indicated by the website when the Order is transmitted via the Internet. Product prices and shipping and delivery costs may vary without notice. Then make sure of the final sale price before submitting the relevant Order.
5.2 All products are shipped directly from Italy. The prices of the Products and the shipping and delivery costs indicated on the website and in the Order, unless otherwise specified, are to be considered not inclusive of any costs related to customs duties and related taxes if the shipment takes place in non-EU countries or in countries where the current legislation provides for import charges.
5.3 These costs are therefore charged to the Customer and must be paid directly upon delivery of the Products, according to the instructions specified in the Order Confirmation.
6. Method of payment
The payment of the price of the Products and the relative shipping and delivery costs can be made in the manner indicated in the Order form of the website www.kensingtonfashion.com and which are summarized below.
6.1 Bank wire or bank transfer
6.1.1 For online orders on our site we accept advance bank transfers. Payment must be made no later than 5 working days following the order confirmation, otherwise the contract must be considered automatically terminated and ineffective and the Customer will receive an email canceling the Order. The products will be shipped only after kensingtonfashion.com will see the credit on its current account.
6.1.2 The purpose of the transfer must indicate the following data: · Name and surname of the person who placed the order ·Order number ·Order's date
6.2 Credit cards and prepaid cards.
6.2.1 For online orders on our site we accept both credit card and prepaid card payments (for example, PostePay) through the paypall platform, without any additional cost on the product and shipping costs. It is understood that the Customer must hold a valid credit card at the time of placing the Products purchased online and that the name on the credit card must be the same indicated on the billing information. In the absence of such assumptions it will not be possible to proceed with the Order.
6.2.2 At the time of online purchase, at the same time as the Order Confirmation, the reference banking institution will make the only commitment of the amount relating to the Order from the availability of the Customer's credit card. The amount will actually be charged to the credit card only when the products purchased are shipped.
6.2.3 If, after receiving the package with the Order, for any reason the Customer intends to avail himself of the Right of withdrawal, following the payment of the Products purchased online, the Seller will instruct the bank to credit the amount to be refunded directly to the Customer's credit card.
6.3.1 If the Customer has a Paypal account, kensingtonfashion.com gives the possibility to make payments using directly e-mail and relative password with which the Customer registered on www.paypal.com.
7. Shipping and delivery of products
7.1 Each shipment contains: or / the ordered products / o; the relative transport document / accompanying invoice; or any accompanying documentation required according to the country of dispatch o informative and marketing material.
7.2 Delivery of the Products purchased
7.3.1 The products purchased will be delivered by the courier identified by the Seller to the shipping address indicated by the Customer on the Order with insured shipping.
7.3.2 Upon receipt of the goods at your home, we ask the Customer to verify the integrity of the packages at the time of delivery by the courier. In the event of anomalies, the Customer must have it noted and noted exactly by the courier and reject the delivery. Otherwise the Customer will be able to assert his rights in this regard.
8. Right of withdrawal
8.1 Only if the Customer who signs the contract is a Consumer (meaning any physical person acting on the site for purposes unrelated to any business or professional activity), will have the right to withdraw from the contract concluded with the Seller, without no penalty and without specifying the reason, within ten (10) working days, starting from the day of receipt of the products purchased on the website.
8.2 The return must be requested and authorized, the Customer must send a request to [email protected] The Customer must specify in the e-mail the codes of the items he wants to return and the type of reimbursement he wants: good purchase, or partial refund. kensingtonfashion.com will send an email confirmation that will contain the return authorization number (R.A.N.).
8.3 The return of the items must be made exclusively through the courier specified by kensingtonfashion.com, following the instructions received at the time of the return request. The document must be completed as indicated in the authorization e-mail received from the Resi kensingtonfashion.com department.
8.4 The right of withdrawal is subject to the following conditions:
o Products returned must be returned in their entirety and not on parts or components of them even in the case of kits;
o Products returned must not have been used, worn, washed or damaged;
o Products returned must be returned in their original packaging;
o Products returned must be sent to the Seller in a single shipment. The Seller reserves the right not to accept Products of the same Order returned and sent at different times;
o Products returned must be delivered to the carrier within fourteen (10) working days from the date you received the products;
8.5 If the right of withdrawal is exercised in accordance with the previous conditions (paragraph 8.4), the Customer can request a refund or a purchase voucher for the value of the return. In the case of a refund, the Seller is obliged to make it within 30 days of receiving the returned products from the Seller. Normally the kensingtonfashion.com crediting of the amount initially withdrawn takes place very quickly, but the times according to which the crediting will actually be visible on your current account will depend on the Client's bank. If the customer chooses the purchase voucher, he must use it strictly within 6 months from the issue. The purchase voucher can not be combined and must be used entirely in an order of equal or greater value.
8.6 In case of return, the only expenses charged to the Customer will remain the initial shipping costs of the Order of the purchased products.
8.7 kensingtonfashion.com undertakes to bear also the initial shipping costs of the Products exclusively in case of damage due to transport or errors in shipping by the Seller. Only in these cases, the Seller will also refund the amount that the Customer paid as shipping costs.
8.8 In case of exercise of the right of withdrawal without compliance with the methods indicated above (eg after more than 10 days required by law, or without having filled in the online return form, etc.), the Seller will re-send the purchased Products again. you will also be charged for additional shipping costs.
8.9 The right of withdrawal can not be applied in the case of customized products upon explicit request of the Customer at the time of placing the Order.
9. Warranty of non-compliant products
9.1 The Seller is responsible for any defect in the products offered on the site, including the non-compliance of the items with the products ordered, in accordance with the provisions of Italian law.
9.2 If the Customer has stipulated the contract as a Consumer (meaning any physical person acting on the site for purposes unrelated to any business or professional activity), this warranty is valid on condition that both conditions are respected indicated below: o) the defect appears within 24 months from the date of delivery of the products; or b) the Customer presents a formal complaint regarding defects within a maximum of 2 months from the date on which the defect was acknowledged by the latter; or c) be correctly requested at [email protected]
9.3 In particular, in the event of non-compliance, the Customer who has concluded the contract as a Consumer will be entitled to obtain the restoration of the conformity of the products without expenses, by repair or replacement, or to obtain an appropriate price reduction or termination of the contract with respect to the disputed assets and the subsequent restitution of the price.
9.4 All return costs for defective products will be borne by the Seller.
10. Contacts For any information request, you can contact MODART:
Kensington Fashion Srl Via etnea 24, 95124 - Catania (Ct) - Italy
11. Communications to the Customer
The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, attestations, information, reports and any documentation on the operations performed, referring to the purchase of the Products, will be sent to the e-mail address indicated at registration, with the possibility to download the information on a durable medium in the ways and within the limits provided by the Site.
12. Applicable law, settlement of disputes and jurisdiction
These General Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other prevailing mandatory rule of the country of habitual residence of the Customer. Consequently, the interpretation, execution and termination of the General Conditions of Sale are subject exclusively to Italian law and any disputes concerning and / or consequent to them must be resolved exclusively by the Italian jurisdiction. In particular, if the Customer holds the status of Consumer, any disputes must be resolved by the court of the place of residence or residence of the same according to the applicable law or, at the consumer's choice in case of action taken by the consumer, by the Court of Catania. If the customer acts instead in the exercise of his business, commercial, craft or profession, the parties consensually establish the exclusive jurisdiction of the Court of Catania.
13. Change and update
The Seller may make changes or amendments to these General Conditions of Sale at any time. Therefore, the Customer will be required to accept only the General Conditions of Sale in force at the time of the relative purchase. The new General Conditions of Sale will be effective from the date of publication on the www.kensingtonfashion.comed website in relation to purchase orders submitted after that date.
Information pursuant to art. 13 D.lgs. 196/2003
Dear Sir / Madam,
We wish to inform you that the Legislative Decree. n. 196 of 30 June 2003 ("Code regarding the protection of personal data") provides for the protection of persons and other subjects regarding the processing of personal data. According to the law, this treatment will be based on principles of correctness, lawfulness and transparency and protection of your privacy and your rights. Pursuant to Article 13 of Legislative Decree n.196 / 2003, therefore, we provide you with the following information:
1. The data you provide will be used for the following purposes: e-commerce
2. The treatment will be carried out in the following ways: computerized / manual
3. The provision of data is mandatory and any refusal to provide such data could result in the non-execution of the partial or total contract.
4. The data will not be disclosed to other subjects, nor will it be disseminated
5. The holder of the treatment is: Kensington Fashion Srl. With registered office send Etnea 22-24 95124 Catnia (Ct) ,. The person responsible for the processing is Giuseppe Motta
7. At any time you can exercise your rights towards the data controller, in accordance with Article 7 of Legislative Decree 196/2003, which for your convenience we reproduce in full: Legislative Decree No. 196/2003,
Art. 7 - Right of access to personal data and other rights
1. The interested party has the right to obtain confirmation of the existence or not of personal data concerning him / her, even if not yet registered, and their communication in intelligible form.
2. The interested party has the right to obtain the indication:
a) of the origin of personal data;
b) of the purposes and methods of the processing;
c) of the logic applied in case of treatment carried out with the aid of electronic instruments;
d) of the identifying details of the holder, of the responsible and of the designated representative according to article 5, paragraph 2;
e) of the subjects or categories of subjects to whom the personal data may be communicated or who can learn about them as appointed representative in the territory of the State, managers or agents.
3. The interested party has the right to obtain:
a) updating, rectification or, when interested, integration of data;
b) the cancellation, transformation into anonymous form or blocking of data processed unlawfully, including data whose retention is unnecessary for the purposes for which the data were collected or subsequently processed;
c) the attestation that the operations referred to in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data have been communicated or disseminated, except in the case where this fulfillment is it proves impossible or involves a use of means manifestly disproportionate to the protected right.
4. The interested party has the right to object, in whole or in part:
a) on legitimate grounds, to the processing of personal data concerning him / her, even though they are relevant to the purpose of the collection;
b) to the processing of personal data concerning him for the purpose of sending advertising or direct sales material or for carrying out market research or commercial communication.