GENERAL SALES CONDITIONS

GENERAL CONDITIONS

These conditions are valid exclusively between the company Intercomm Srl (hereinafter, "INTERCOMM"), with registered office in via Trieste 126 / B 31030 Arcade (TV) - Italy - VAT number 01855840268 and any person (hereinafter, "CUSTOMER”) who makes online purchases on the website (hereinafter, the" Website "). These conditions may be subject to changes and the date of publication of the same on the site is equivalent to the date of entry into force. These conditions govern purchases made on the website www.k-sam.eu, in accordance with the provisions of part III, Title III, Chapter I of the Consumer Code, Legislative Decree no. 206/2005, amended by Legislative Decree no. 21/2014 and by Legislative Decree 70/2003 on electronic commerce.

1. OBJECT OF THE CONTRACT

1.1. With these general Sales Conditions, INTERCOMM sells and the CUSTOMER remotely purchases tangible movable goods indicated and offered for sale on the website www.k-sam.eu. The contract is concluded exclusively through the internet, through the CLIENT's access to the website indicated above and the creation of a purchase order according to the procedure provided by the site itself.
1.2. The CUSTOMER undertakes to read these general Sales Conditions before proceeding to confirm his order and to accept them by affixing a flag in the indicated box.
1.3. In the order confirmation e-mail, the CUSTOMER will also receive the link to download and archive and / or a pdf copy of these Sales Conditions, as required by law.

2. CONCLUSION AND EFFECTIVENESS OF THE CONTRACT

2.1. The sales contract is considered concluded with the sending by INTERCOMM to the CUSTOMER of an order confirmation e-mail. The e-mail contains the CUSTOMER data and the order number, the price of the goods purchased and the delivery address to which the goods will be sent, as well as the link to print and archive the copy of these conditions and / or a pdf copy of the same.
2.2. INTERCOMM can refuse the acceptance of an order: 1. in the event that the articles are not available; 2. if it is not possible to obtain authorization for the payment; 3. there is an error in the price of a product or shipments; 4. where the buyer does not meet the eligibility criteria set out in our Terms of Use.
2.3. The CUSTOMER undertakes to verify the correctness of the personal data contained therein and to promptly notify INTERCOMM of any corrections to the address info@k-sam.eu.
2.4. The purchase of products from our Website is reserved for users over 18 years of age. In order to purchase on our Website, it is also necessary to observe and comply with all local regulations relating to the purchase of goods. We assume no responsibility for the purchase of products advertised on our Website from countries where this is not permitted.

3. AVAILABILITY OF PRODUCTS

3.1. The availability of the products refers to the actual availability at the time the CUSTOMER places the order. However, this availability must 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 the order is confirmed.
3.2. Even after sending the order confirmation e-mail sent by INTERCOMM, there may be cases of partial or total unavailability of the goods. In this eventuality, the order will be automatically rectified with the elimination of the unavailable product and the CUSTOMER will be immediately informed via e-mail. The customer will be offered the opportunity to replace the unavailable product with another of equal value within a reasonable period.
3.3. If the CUSTOMER requests the cancellation of the order, by terminating the contract, INTERCOMM will refund the amount paid within 14 days from the day on which INTERCOMM became aware of the CUSTOMER's decision to terminate the contract.

4. METHOD OF PAYMENT

4.1. Payment can be made online using all credit and prepaid cards associated with a Paypal account or by bank transfer.
4.1.1. Our Website guarantees maximum security for online payments.
4.2. Payments by credit card and prepaid cards can be made in total safety through the payment system via PayPal. INTERCOMM is a Verified PayPal Seller.
4.3. If payment is made via PayPal, the shipment will be made exclusively to verified addresses.
4.4. If the payment made with Paypal is not successful, the order will be canceled.
4.5. The bank transfer must be made no later than 2 working days from order confirmation. The CUSTOMER, once the transfer has been made, will send the copy of the proof of payment to info@k-sam.eu. The ordered products remain reserved for the CUSTOMER only for two working days from order confirmation, or the deadline agreed to make the bank transfer and send a copy of the related accounting. If payment is not made within 2 days, the order will be canceled and the reserved products will be available for purchase again.
4.6. The goods will be shipped always and only after receipt of payment, without the possibility of exceptions.
4.7. For each order placed on the website, INTERCOMM will issue an invoice for the goods shipped only at the customer's request. After the invoice has been issued, it will not be possible to make any changes to the data indicated therein.

5. DESCRIPTION AND PRICES OF PRODUCTS AND SHIPMENTS

5.1. We try to describe and show the products as accurately as possible, however, minor variations may occur. For any questions, or if you wish to obtain further information, please contact our Customer Service by e-mail at info@k-sam.eu.
5.2. We endeavor to ensure that the prices displayed on our Website are correct. However, if an error is found in the price of a product or shipments, we reserve the right to cancel the order and to contact the user to agree on the payment of any additional sum due or for the refund of any overpayment made.
5.3. We reserve the right to change the prices of products or shipments without notice. All prices include VAT (where applicable), at current rates. When payment is due for transport and delivery, the related costs applied are indicated in the Shipping Costs section of our Website and counted in the "shopping cart".

6. SHIPPING COSTS AND CONDITIONS

6.1. We try to process shipments as soon as possible and in any case, for STANDARD shipments, no later than 5 working days from the moment of receipt of payment, except in cases of force majeure. The cost of STANDARD shipping by express courier for Italy (insurance excluded) is € 5, and is displayed at the end of the order. For other countries the shipping cost will be indicated when entering the order.
6.2. Shipments are made by express courier from Monday to Friday, delivery times may vary from country to country. For more information please write to info@k-sam.eu.
6.3. The shipment of the goods will be communicated to the CUSTOMER by sending a specific e-mail message. You can check the status of your order at any time by accessing the Reserved Area of ​​the Website, section "My Orders".
6.4. In any case in which the package shows signs of alteration, the CUSTOMER is asked to mark it at the time of delivery by signing with reserve the appropriate Proof of Delivery document prepared by the courier.
6.5. Delivery is considered completed when the product is made available to the CUSTOMER at the address specified in the order confirmation.
6.6. In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. The card will indicate the data that the CUSTOMER must use to contact the courier and define an appointment for the second delivery attempt, in order to prevent the package from being put in storage as INTERCOMM will no longer be able to answer for it. The stock is a paid service, the costs and the responsibility of the goods placed in stock for reasons not referable to our error are always borne by the recipient. The management costs of the storage practice indicated on the courier's website are € 10 to which the supplement of € 0.51 per quintal / day must be added with a minimum taxable of € 2.50.
6.7. Our Customer Service will contact the CUSTOMER in order to request that the delivery take place as soon as possible. If this attempt is also unsuccessful, the purchased product will be returned to INTERCOMM. After 10 days from the date on which the product was returned to INTERCOMM, the contract will be considered terminated and the purchase order will be canceled as a result of this termination clause (pursuant to art. 1456 of the Civil Code). INTERCOMM will reimburse the amount paid by the CUSTOMER net of the costs of delivery of the unsuccessful order as well as the costs of storage and return of the same to INTERCOMM. The termination of the contract and the refund amount will be communicated to the CUSTOMER via e-mail. The refund amount will be credited to the payment method used by the CUSTOMER for the purchase. The CUSTOMER, before 10 days have elapsed, has the right to request a new shipment of the order. In this case, INTERCOMM will arrange with the CUSTOMER the methods and costs of a new shipment. 6.8. For shipping to La Maddalena, Carloforte and the Minor Islands, the online shop is not currently active and please contact our customer service at the e-mail address info@k-sam.eu. The indicative cost of shipping is 25 euros.
6.9. To request a quote for the cost of shipping, please contact our customer service at the e-mail address info@k-sam.eu indicating the full address of the recipient of the shipment.

7. RIGHT OF WITHDRAWAL

7.1. INTERCOMM guarantees the full satisfaction of the CUSTOMER. Therefore, even in accordance with the legal provisions in force, the CUSTOMER has the right to withdraw from the purchase without any penalty and without specifying the reason, within 14 days of receipt of the goods, obtaining a refund of the price paid with the exclusion of the amount paid as a Shipping fees.
7.2. The CUSTOMER who intends to exercise the right of withdrawal must notify INTERCOMM within the times indicated above by e-mail at info @ k-sam-eu, specifying the order number and the goods he intends to return. Our Customer Service will evaluate the existence of the return conditions and will send a Return Authorization e-mail within 24 hours. Any shipment without return authorization will be rejected.
7.3. The responsibility, risks and costs of returning the goods are borne by the CUSTOMER.
7.4. In case of exercise of the right of withdrawal, the CUSTOMER is required to return the goods within 14 days from the day on which he communicated to INTERCOMM his will to withdraw from the contract.
7.5. The costs of the return are always borne by the CUSTOMER who assumes full responsibility for the same and can arrange for the return in the manner it deems most appropriate. If you prefer, the CUSTOMER can request to use the courier to which INTERCOMM is subscribed, in the latter case respecting the instructions provided. The responsibility for the shipment remains the responsibility of the CUSTOMER.
7.6. The products must be in the same conditions in which they were shipped by INTERCOMM and must be packed in their original packaging which must be intact and undamaged. The goods must be intact, must not have been used, washed, ironed, or, in any case, altered in any other way. It must be complete with the attached tax documentation. In case of handling of the product other than that strictly necessary, it produces a decrease in the value of the product itself INTERCOMM reserves the right not to accept the return or to commensurate the value of the refund to the decrease in the value of the returned product.
7.7. The right of withdrawal does not apply to the supply of goods made to measure or personalized. 7.8. Pursuant to Italian law, the right of withdrawal is reserved for the Consumer who is a natural person acting for purposes unrelated to any business or professional activity carried out.
7.9. Once we have ascertained the good condition of the returned products and the existence of all return conditions, within 14 days of receipt of the goods, we will proceed with the refund by transferring the Paypal account used for the purchase. In the event that the payment has been made by bank transfer, the CUSTOMER will have to indicate his IBAN in order to obtain the refund. As required by art. 56 paragraph 3 of Legislative Decree 206/2005 amended by Legislative Decree 21/2014, INTERCOMM may suspend the reimbursement until receipt of the goods or the demonstration by the CUSTOMER that he has returned the goods to INTERCOMM.

8. LEGAL GUARANTEE OF CONFORMITY.

8.1. In case of receipt of products that do not comply with the orders or are defective, the CUSTOMER has the right to restore the conformity of the product without charge by repairing or replacing it. The CUSTOMER can exercise this right only if the defect occurs within 24 months of delivery of the goods and reports the defect to INTERCOMM within two months of discovery.
8.2. By lack of conformity we mean a fault and / or malfunction of the product existing at the time of purchase that occurs after the purchase itself, provided that the product has been used correctly according to the instructions provided by the manufacturer. Therefore, the legal guarantee of conformity is excluded in the case of normal wear and tear of the good itself, incorrect use of the good, use that does not comply with the instructions for use provided, accidental facts, negligence, willful misconduct, transport, shocks, falls, damage resulting from accident. fortuitous or force majeure, humidity or other causes not dependent on manufacturing or production defects. The legal guarantee of conformity is also excluded with reference to products modified, repaired or otherwise altered by the CUSTOMER.
8.3. If the CUSTOMER denounces a lack of conformity of the purchased product, INTERCOMM will examine the product to verify if the problem is easy and immediate to resolve or if there are obvious reasons for exclusion of the Legal Guarantee of conformity (e.g. the deadline for making it has expired valid, the product is obviously worn out due to normal use, etc.).
8.4. Where the legal guarantee is considered valid, INTERCOMM will take charge of the product, recording the customer's data for the purpose of managing the assistance procedure. INTERCOMM will send the product to the operator who supplies it
8.5. If the lack of conformity is found and falls within the scope of the legal guarantee of conformity, the repair or replacement will take place within a reasonable time, and in any case within a maximum of 90 days from receipt of the request for assistance.

9. APPLICABLE LAW AND JURISDICTION

9.1. These Sales Conditions are governed by Italian law and must be interpreted by applying this legislation.
9.2. Disputes that may arise in relation to these Sales Conditions are subject to the exclusive jurisdiction of the Italian courts, in particular the Court of Treviso (Italy).