GENERAL CONDITIONS OF SALE
FOREWORD
1. Seller Information
2. Subject
3. Contract formation and order placement
4. Payment
5. Delivery of products
6. Rights and terms of withdrawal
7. Reservation of property
8. Intellectual property
9. Signature and proof
10. Liability
11. Personal Data
12. Further Insights
13. Changes
14. General Clauses
FOREWORD
1) HCH hereafter referred to as "Kripa" is the owner of the website www.kripa.it, hereinafter referred to as "the Site" or "Internet Site" for brevity.
2) For the purposes of these General Terms and Conditions of Sale ("GTC"), Buyer and Kripa are individually or jointly referred to as the Party or Parties, respectively.
3) The Buyer represents and warrants that the purchase of products on the Kripa Website is for strictly personal use, to the exclusion of any commercial activity and/or otherwise for use in any other way.
4) Kripa reserves the right to accept the order and/or deem it null and void and as never received if in its sole and absolute discretion it should be deemed fraudulent and/or unlawful or deemed as such in the sole and absolute discretion of Kripa.
1. Seller Information
HCH Ltd.
Registered office:
Via dell'Industira, 11 - 35028 Piove di Sacco (PD) - ITALY
P. VAT - Tax Code - 04680590280 Reg. Impr. PD: 409541
No. REA PD - Cap. Soc. € 20,000.00 i.v.
PEC: pec@pec.hchacademy.com
2. Subject
The purpose of these GTC is to inform each potential Buyer of the terms and conditions under which the seller (hereinafter " Kripa" or " the Seller") performs the sale and delivery of the products ordered and to define the contractual rights and obligations of the Parties in connection with the sale of products from Kripa to the Buyer. The GTC shall apply, without limitation or condition, to all sales of products offered by Kripa on its Website.
The submission by the Buyer of a purchase order ("Order") for a product and/or service
offered for sale on the Kripa Website implies full and unconditional acceptance of these General Terms and Conditions of Sale, as well as the General Terms and Conditions of Use of the Website.
Kripa reserves the right to change these General Terms and Conditions of Sale at any time and even without prior notice. In any case, the General Terms and Conditions of Sale applicable to the Order are always those accepted by the Buyer at the time the Order is placed.
These General Terms and Conditions of Sale form an integral part of the General Terms and Conditions of Use of the Site www.kripa.it.
3. Contract formation and order placement
3.1 Prices
All product prices on the Site are quoted in Euros. Kripa reserves the right to change the selling prices of the products at any time, without prior notice and without the need for justification and specification. Such change will be notified to the Buyer prior to the placing of any Order and if the Order is confirmed, it will be deemed to be processed with the application of the newly set prices.
Prices of products are inclusive of VAT.
Product prices do not include shipping costs.
The different shipping methods are indicated below in Article 5 of these General Terms and Conditions. The costs and times for the different modes of delivery can be found in the "Shipping Costs and Times" section.
3.2 Product characteristics
Before sending the Order, the Buyer may view on the Kripa Website all the information referred to in Article 52 of Legislative Decree September 6, 2005, No. 206 ("Consumer Code") such as, but not limited to, information regarding the Seller, the price, including taxes and shipping costs, the essential characteristics of the product(s) or services he/she wishes to purchase and together with all other mandatory information required by Italian law.
The products comply with the applicable legislation in Italy in force at the time of the Order.
Kripa cannot be held responsible for the non-compliance of products with the legislation of the country to which the Buyer wishes delivery to be made.
It is the Buyer's responsibility to check with the local authorities in the country of delivery of the products on how to import and/or use the products and services he or she intends to order.
Information about the products sold and shown on the packaging is displayed in English, as Kripa cannot guarantee that the information on product packaging will be translated into all European Union languages.
For any issues regarding the products and their use, for any further questions or requests for advice, the Buyer may contact Kripa Customer Service via the appropriate page on the Site.
3.3 Availability of Products
Kripa's website indicates the availability of the same in the seller's warehouses, and offers for products not immediately available will be valid subject to availability.
In any case, and in the event that, after sending the Order, there is a total or partial unavailability of the product, the Buyer will be immediately informed by e-mail of the unavailability of the product and the total or partial cancellation of the Order.
In case of total cancellation of the Order:
- Cancellation of Buyer's Order will take place automatically, at no charge to Buyer.
- Kripa Customer Service will contact the Buyer to inform them of the cancellation and offer to place a new Order excluding the unavailable product.
In case of partial cancellation of the Order:
- The Buyer's Order will be partially confirmed by charging the amount only for the products available as indicated in the Order Confirmation e-mail. If the Buyer has already been charged the full amount, the part corresponding to the value of the unavailable products will be refunded.
- Available products will be delivered to the Buyer.
3.4 Order of Products
Each Order placed by Buyer implies acceptance of the Privacy Policy and constitutes an offer to purchase Kripa products.
Orders are subject to acceptance by Kripa, which reserves the right, in its sole discretion, to reject the Order without obligation to state reasons, including cases where:
(a) Orders cannot be fulfilled due to an error in the information provided by the Buyer when placing the Order (e.g. and only by way of example and not limitation: an incorrect payment card number, expiration date, or the security code number of the card used for payment); incorrect billing address (e.g., if the billing address provided does not match the information in the possession of the bank or payment card company); insufficient or incorrect shipping address (e.g., incorrect address, city, country, or zip code); or if misleading information is provided by the Buyer;
(b) an error has occurred on the Website related to the products ordered, such as an error related to the price or description of the products as shown on the Website;
(c) the products ordered are no longer available on the Website.
Kripa also reserves the right to suspend or cancel the fulfillment of an Order and/or delivery, regardless of the nature and progress of the fulfillment, in the event of non-payment or partial payment of any amount owed by Buyer, in the event of problems with payment, or in the event of fraud or attempted fraud relating to the use of Kripa's Internet Site, including with respect to previous Orders.
If the Order is rejected, Kripa will notify Buyer within 30 business days of placing the Order that the Order cannot be accepted. The Buyer will be able to check the details of their Order and correct any errors prior to confirmation/submission of the Order.
Once the Buyer confirms the Order, the Buyer declares that he/she has knowingly accepted the contents and conditions of the Order in question and, in particular, these GTC, prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Buyer.
Subsequent to placing an Order, Buyer may not cancel or modify their Order, however, it is recommended that Buyer contact Customer Service for possible resolution of issues related to the Order. The Buyer still has the option to take advantage of the right of withdrawal.
The sale will be final only upon Kripa's acceptance of the Order by sending an email confirming receipt of the Order to Buyer.
A second e-mail will be sent to the Buyer when his Order is shipped.
Kripa shall be entitled to collect the full price of the Order from the time of sending the Order Confirmation E-mail.
Kripa recommends that Buyer retain e-mails received from Kripa in paper or electronic form. The Buyer is informed that these e-mails will be sent to the e-mail address entered by the Buyer upon Account creation and/or subsequent registration. Kripa shall not be liable in the event that an invalid e-mail address is entered and/or the Order Confirmation e-mail is not received for reasons not directly attributable to Kripa. In such case, the sale will be considered final. However, the Buyer may exercise the right of withdrawal under the conditions set forth in Article 6 of these General Terms and Conditions of Sale.
4. Payment
4.1 Methods of payment
Buyer warrants to Kripa that he/she has the necessary authorizations to use the payment method chosen for his/her Order at the time the Order is placed. All Orders are payable in Euros, including taxes and mandatory contributions. Any bank charges will be the sole responsibility of the Buyer, even in the event of a refund.
Credit Cards: The credit cards accepted on the Kripa Website are as follows: Visa, Visa Electron, MasterCard, Maestro, Postepay, Discover. Credit card payments are handled by Braintree.
PayPal: If the Buyer has a PayPal account, he/she may choose this payment method. If so, the Buyer will be redirected to the PayPal site to proceed with payment.
4.2 Customs duties, sales taxes, VAT
Some countries may apply customs duties and/or sales taxes when the order arrives at customs in the destination country. Kripa has no control over this and it is the Buyer's responsibility to pay the applicable taxes as required at the time of delivery to his/her country.
4.3 Security in payment transactions
Kripa also reserves the right to request proof of payment/address/customer identification before continuing order processing for any payment made by credit card, as well as any other information regarding Buyer's identity necessary for Buyer's identification in order to ensure the security and correctness of transactions made through Kripa's Website.
As part of the fight against Internet fraud, information regarding Buyer's Order may be transmitted to third parties authorized by law or designated by Kripa for the sole purpose of verifying Buyer's identity, the validity of the Order, the method of payment used, and the place of delivery.
5. Delivery of products
5.1 General Rules
Products ordered by Buyer under these GTC will be delivered to the address specified by Buyer as the delivery address on the Order (" Delivery Address ").
5.2 Methods of product shipment
5.2.1 Shipping arrangements for Italy
(a) GLS / TNT shipping
A manager of the GLS / TNT company will make the delivery to the Buyer or the recipient of the Order and require them to sign a receipt. This receipt will constitute proof of delivery by Kripa, and receipt by Buyer, or the recipient of the Order, of the products ordered.
Deliveries are made on business days (Monday through Friday). In case of absence, the Buyer, or the recipient of the ordered products, will receive a notice of attempted delivery, with which they can contact the carrier at the address indicated on the notice for the purpose of arranging a new delivery.
In the event that it is not contacted, the GLS / TNT carrier will make a further pass in the two working days as appropriate, following the first pass. In the event that after two delivery attempts it has not been possible to deliver the package, the Buyer or the recipient of the Order will receive a notice informing them of the address of the GLS / TNT Center where the package will be stored ten business days. The Buyer or recipient of the Order will be able to pick up the package at that center. At the expiration of that time, the package will be returned to Kripa and the Buyer refunded, in the manner chosen at Kripa's discretion, the amount of their Order minus shipping costs.
No dispute can be raised concerning the shipment itself in the event that the package appears to have been delivered. For this purpose, the computer system (flashage) of the carrier shall be authentic. Any disputes regarding the shipment must be notified to Kripa within 15 days of the carrier taking delivery of the shipment.
5.3 Product defects, non-conformities and damages
5.3.1 General Provisions
The Buyer, or the recipient of the Order, is obligated to check the status of the package and products upon delivery.
In case of anomalies in the package (damaged or opened package, trace of liquid, etc.) and/or in the ordered products (missing, defective or damaged products), the Buyer or the recipient of the Order shall return the products to Kripa following the procedures described below in Articles 5.3.2 and 5.3.3 of these General Terms and Conditions of Sale. Failure to follow the correct procedure will preclude any recourse against the carrier and/or Kripa, including the right to a refund of the Order and/or redelivery of the ordered products.
The Buyer, or the recipient of the Order, may alternatively contact Kripa Customer Service to find out how to return the damaged, non-conforming and/or defective product(s). The procedure for returning damaged, non-conforming and/or defective product(s) that will be indicated by Kripa Customer Service must be followed by the Buyer. Otherwise, the Buyer will not be able to claim any
Refund or replacement of the products in question.
5.3.2 Procedures that must necessarily be followed in the case of obvious damage to the package for its return to Kripa:
- GLS / TNT shipping:
- In case of an anomaly found in the presence of a GLS / TNT manager:
Reject the shipment and immediately formulate the set of reservations regarding the anomaly in a clear and detailed manner. Such reservations must be indicated by the Buyer or the recipient of the Order on the appropriate coupon of the GLS / TNT deliveryman.
Report the refusal to Kripa Customer Service at the same time.
- In case of anomaly found in the absence of the GLS / TNT manager:
Report any damages or shortcomings noted and make any complaints and reservations to Kripa Customer Service.
5.3.3 Procedure that must be compulsorily followed in case of missing, damaged or defective product:
The Buyer, or the recipient of the Order, should report missing, defective, non-conforming, or damaged products ordered to Kripa Customer Service.
Kripa Customer Service may request information regarding the identity of the Buyer or the recipient of the Order and make any verification that may be helpful. Kripa Customer Service will instruct the Buyer, or recipient, on the procedure to be followed to return damaged or defective product, or to obtain missing products.
Upon receipt of the products, Kripa will verify that such products are in fact defective, damaged, or not corresponding to the description provided on the Website. If such verification is positive, in accordance with the provisions of Article 130 et seq. of the Code of
Consumption, Kripa will replace the defective, damaged or non-conforming product and send it to Buyer as soon as possible and in any case within 30 (thirty) working days of receipt of the products. Shipping costs will be borne entirely by Kripa. In the event that Kripa is unable to replace the products within the aforementioned period, Kripa will immediately notify Buyer at the email address provided at the time of registration and will reimburse Buyer for the cost of such products and shipping costs where Buyer provides proof of the cost incurred in returning the products. The price refund will be made by Kripa in the manner chosen at its discretion as soon as possible, and in any event within 30 (thirty) business days from the date it receives the products.
In the event that, after reviewing the returned products, Kripa reasonably determines that the products cannot be considered defective, damaged, or not in accordance with the description on the Website, the Buyer will not be entitled to a refund and the products will be returned to the Buyer.
5.4 Shipping time and cost
A complete list of shipping times and related costs, including for other countries where Kripa delivers Orders can be found in the "Shipping Costs and Times" section of the Website.
In the event of a delay in delivery of more than 7 (seven) working days, not due to force majeure, the Buyer shall have the right, within a maximum period of sixty working days from the expiration of the delivery period indicated for each mode of shipment of the products in the "Shipping Costs and Times" section of the Site, to cancel its Order by contacting Kripa Customer Service.
In the event that such delay is solely attributable to Kripa or the carrier, Kripa will refund all sums paid by Buyer and received by Kripa for the Order in question, provided that the entire Order is returned by Buyer to Kripa. The refund will be made, in the form chosen by Buyer, as soon as possible and in any event within 30 (thirty) business days from the date Buyer has exercised its right to have its Order cancelled.
In the event that the Order is not returned in its integrity and completeness, that is, if the delay is not solely attributable to Kripa or the carrier the Buyer may not claim either a refund of the sums paid by him, or a new shipment of the ordered products unless he proves, by any means, that he himself is not responsible for the delayed delivery.
6. Rights and terms of withdrawal
6.1 Time limit for exercising the right of withdrawal
Pursuant to Article 52 of the Italian Consumer Code and subject to the exclusions set forth in Article 59 of the same code (see in particular the case of the purchase of clearly personalized goods or the supply of sealed goods that are not suitable to be returned for hygienic or health protection reasons and have been opened after delivery) the Buyer may, within the period of 14 (fourteen) days from the acquisition of physical possession of the package containing the ordered goods or, in the case of the purchase of multiple goods ordered by the Buyer in one order and delivered separately, from the acquisition of physical possession of the last purchased good, withdraw from the purchase contract without penalty and without any reason.
In the case of the purchase of a service, the right of withdrawal may be exercised by the Buyer, within the aforementioned period, provided that the provision of such service has not yet begun. The Kripa eGIFT Card shall be construed as a service within the meaning of this clause.
6.2 Return by mail
STEP 1 - Notify the intention to return or cancel the order.
Notification of intention to cancel the order or return the items received must be made within 14 business days from the date of delivery and must be sent via the Contact Us form on our website specifying the details of the order.
STEP 2 - Complete the Return Form.
Once notified of the intention to return the products, Customer Service will email the Return Form to the Buyer. After printing and filling out the form, it should be placed inside the package with the items to be returned. (If you do not have access to a printer, you can write the details required by the form on a sheet of paper).
STEP 3 - Return of items
Items must be returned in proper, protective packaging. All defect-free items should be returned in their original packaging and should arrive "as new" without any damage to the product or product packaging. Defective items should be returned in their own packaging, undamaged to the extent possible. Make sure you have properly sealed the package and placed the Return Form inside (see Step 1 and 2 above). Send the package to the address indicated inside the Return Form.
Keep in mind that we do not accept packages sent at the recipient's expense. Remember to indicate on the return form all the necessary information for the refund, especially e-mail address and phone number.
If the Buyer or Order Recipient does not prove that it has actually delivered the product to a carrier, all risks associated with the return of the product(s) shall be borne by the Buyer or Order Recipient.
The Buyer or Order Recipient may then in the legal withdrawal period:
- obtain a Discount Code equal to the amount paid for the returned products, usable only on Kripa's website and valid 1 year from its issuance.
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- Get a refund equivalent to the amount paid for the returned products.
In the event that the order was paid for with an eGIFT Card, the refund will be paid by issuing a Discount Code.
6.3 Consequences of exercising the right of withdrawal
The Buyer, by exercising the right of withdrawal under this article, within the terms and in the manner described for the return of the products, may obtain at its option:
- a refund of the amount paid for the returned products by re-crediting the relevant amount through the payment method used or by bank transfer if the order was paid by cash on delivery.
- a credit in an amount equal to the price of the returned products in the form of a Discount Code, usable only on the Kripa Website.
In case the order was paid with an eGIFT Card, the refund will be paid by Discount Code.
6.4 Expenses
Pursuant to Article 67 paragraph 3 of the Italian Consumer Code, the costs of return shall be borne exclusively by the Buyer and/or recipient of the Order, except in the event that the withdrawal results from the delivery of defective, non-conforming, damaged or missing products, in which case Kripa shall reimburse the Buyer and/or recipient of the Order for the shipping costs pursuant to Article 5.3.3 above.
6.5 Timing of repayment
Requests for refunds will be processed within a maximum of 14 days from the date Buyer has exercised his or her right of withdrawal without prejudice to Kripa's right to withhold the refund until the goods have been returned or Buyer has demonstrated that he or she has returned the goods covered by the Order (whichever situation occurs first).
You will be informed of the status of your request by e-mail or telephone.
From that time, in the case of a credit card refund, the credit to your account will be effective according to your bank's timeline.
7. Reservation of property
Ownership of the products ordered shall remain with Kripa until such time as the full consideration for the Order, including shipping charges, taxes and other mandatory contributions (if any) are paid in full by Buyer.
8. Intellectual property
The KRIPA trademark, all figurative and non-figurative trademarks on the Internet Site, images, illustrations and logos, and any content on the Site are the exclusive property of HCH Srl and/or the respective owners of the intellectual property rights to them.
Reproduction in whole or in part, modification or use of such trademarks, illustrations, images and logos, or any other content of the Site, for any reason and by any means, without the express written permission of Kripa and/or the respective owners of the intellectual property rights in them is strictly prohibited.
9. Signature and proof
Kripa works to protect its customers' personal information by providing a high level of security, but the Buyer also has a role in protecting their personal information. In particular, the Buyer must maintain the security of its online transactions, for example by refraining from disclosing its username (Buyer's e-mail address) and/or password to others and changing said password regularly.
The use of Buyer's username and/or registration/access password shall constitute proof of Buyer's identity of Kripa's right, upon Kripa's confirmation of the Order, to demand the relevant amounts. Kripa's computer records will constitute evidence of communications, Orders and payments between the Parties.
Kripa and/or its business partners will in no way be responsible for the misuse and/or disclosure to third parties of Buyer's registration/access information.
The provision of the credit card number and the final validation of the Order shall constitute proof of acceptance of the Order and make the sums indicated for the purchase of the products specified in the Order payable. Computer records, stored in the computer systems of Kripa and Kripa's partners, will be considered proof of the communications, Orders and payments that occurred between the Parties.
10. Liability
10.1 Ability to contract
The Buyer declares that he/she has full capacity to act and enter into a contract for the purchase of products and/or services on the Internet Site on the basis of these General Terms and Conditions of Sale. Kripa shall under no circumstances be required to verify the capacity to act of visitors and Buyers of the Kripa Internet Site. In the event that a user lacking the necessary capacity to act (e.g. a minor) places an Order on Kripa's Internet Site, without prejudice to the responsibility of his or her parents or legal guardians for such Order and the related payment, Kripa may refuse to accept the Order.
10.2 Limitation of Liability
Kripa shall not be liable in any way for any breach of these Terms and Conditions, even if foreseeable, attributable to the act of a third party, Buyer's fault, the occurrence of a force majeure event, or any other event not reasonably within Kripa's sole control.
The information and content available on the Internet Site is provided "AS IS" (as is) and Kripa makes no warranties of any kind, either express or implied, with respect to the integrity, accuracy, timeliness, non-infringement of third party rights, availability, reliability or completeness of the information and content, including without limitation, information about the products, accessories or services appearing on Kripa's Internet Site and/or their suitability for a specific use. Kripa shall in no way be liable for the misuse of the products and/or services by the Buyer and/or recipient of the Order, and in particular for the case of non-compliance with the instructions for use of the products. Kripa shall in no way be liable for any damages, caused to Buyer or third parties, resulting from said non-compliant use.
Kripa DISCLAIMS ANY LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGES, WHETHER THESE DAMAGES ARE PREVIOUS OR NOT, CONSEQUENTIAL AND/OR CONNECTED WITH THE PURCHASER'S USE OF THE INTERNET SITE. IN THE EVENT THAT Kripa IS HELD LIABLE ON THE BASIS OF PREJUDICE SUFFERED BY PURCH PURCHASER AND DUE ONLY TO THE TRANSFER OF AN ORDER, SUCH LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY PURCHASER TO Kripa.
Nothing in these Terms and Conditions of Sale shall exclude or limit Kripa's liability to Buyer and/or recipient of the Order for fraud, death or personal injury caused by Kripa's negligence, violation of applicable provisions of the
Italian Consumer Code or from any other liability that cannot be excluded or limited by law. Any claim made by users of the Site, including all Buyers, against Kripa must be made within six (6) months after the occurrence of the event that is the subject of the claim.
11. Personal Data
Kripa collects and processes Buyer's and, where applicable, Order recipient's personal data in order to provide its products and services in accordance with these Terms and Conditions of Sale. For information regarding Kripa's processing of Buyer's and, if applicable, Order Recipient's personal data please refer to the Site's Privacy Policy.
12. Additional insights
12.1 Allergies and reactions to products and/or ingredients
Kripa believes in the quality of its products and seeks to offer the best quality of ingredients on the market. With that being said, take note of the following:
- Make sure you are not allergic to any of the products' ingredients before application;
- Kripa should not be held responsible for any reactions to the ingredients in the products sold;
- none of our products should be used as a substitute for medical care or clinical treatment;
- the information published on www.kripa.it are not intended as cures or treatments for dermatological problems and in no way should be considered as such;
- the advice given on www.kripa.it or provided by Customer Service are for informational purposes only and are in no way intended to substitute for the advice of a physician;
- please consult your doctor if you have any concerns.
12.2 Misuse of products
Kripa disclaims any liability for damage resulting from improper use of the products.
12.3 Images
Kripa makes every effort to ensure that the colors of the images displayed on the screen by the Buyer are as close as possible to the actual colors of the product. However, Kripa cannot guarantee an exact color match. Colors in images, photographs, and swatches may vary due to multiple factors including screen and resolution settings.
13. Changes
Kripa reserves the right to modify and update the General Terms and Conditions of Sale
without notice. In order to be informed of such changes, Kripa advises Buyer, and any user in general, to regularly read these GTC, the Terms of Use and the Privacy Policy of the Site. The purchase of products on the Website will be subject to the GTC in effect at the time the Order is placed. Changes will not be applied to Orders already submitted and accepted by Kripa.
14. General Clauses
14.1 Partial disability
Should one or more provisions of these GTC be declared invalid or ineffective due to a legislative change or as a result of a ruling by a competent judicial authority. The other provisions of these GTC shall remain in full force and effect.
14.2 Waiver
The circumstance that one of the Parties does not assert against the other a breach of any of the obligations contained in these GTC shall not be construed as a waiver of its right to obtain performance of the obligation in question in the future.
14.3 Applicable law and competent jurisdiction
These GTC and all sales of products on the Website are governed by Italian law, regardless of where the Order is shipped. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THESE GTCS AND/OR THE CONTRACT CONCLUDED BETWEEN THE PURCHASER AND Kripa, SHALL, IN THE ABSENCE OF TRANSCESSION, BE DEVOTED TO THE EXCLUSIVE COMPETENCE OF THE COURT OF FIRST INSTANCE OF THE COURT OF PADUA.
14.4 Duration
These GTC, as amended from time to time, will apply for as long as the products are offered for sale on the Kripa Website and until the terms of the statutory and contractual warranties expire. In any event, Article 10 "Liability" will survive the termination of these GTC.
For more information please contact Customer Service.