Terms and conditions of sale - QCK&J

GENERAL TERMS AND CONDITIONS OF SALE

(pursuant to del Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments)

 

Useful information on contract conclusion, prices, payments and merchandise return.

 

The offer and sale of products made on the website www.qckj.it are governed by these General Conditions of Sale. Before submitting the purchase order, the Customer needs to carefully read these general sales conditions. Forwarding the purchase order, as described below, implies full knowledge and express acceptance of both of these General Conditions of Sale and of what is expressly stated on the Order Form. For this reason, prior to the conclusion of the purchase contract, the Customer will be expressly requested to confirm having read the General Conditions of Sale including the advisory notice on the Right of Withdrawal and Processing of Personal Data.

After completing the on-line purchase procedure, the Customer is required to print and retain these General Conditions of Sale and the relevant Order Form, which have already been inspected and accepted according to the Law.

 

1. Subject

 

1.1 These General Conditions of Sale concern the sale of products made online via e-commerce service on the website www.qckj.it. Due to the extensive number of products made available, their main features and prices (including any additional costs) are clearly shown on the site within the relevant sections dedicated to the individual products.

 

1.2 Products sold on the site can only be purchased and delivered by Customers who are resident in the countries shown in the Order Form. Any shipping orders to be made outside these countries will automatically be rejected during the order processing process. If shipping is needed to countries not listed on the Order Form, please contact the seller at the following email address: servizioclienti@qckj.it.

 

2. Parties

 

2.1 The products are sold directly by GLAMOUR S.A.S. DI ANGELA GIBELLINI (hereinafter also Glamour Sas), with legal and administrative headquarters in Italy, in Fiorano Modenese (Mo), Via A. Volta no. 9, tax code and registration number with the Verona Companies Register no. __________, VAT 03284870361 (hereinafter referred to as Vendor).

 

To request any information, you can contact the Vendor: 

- via email at the following address: info@qckj.it

- via telephone to the following number: +39 _____________ 

- via post to the following address:

Glamour S.a.s. di Angela Gibellini

Via A. Volta, 9

41042 Fiorano Modenese (MO)

Italy

 

2.2 These General Conditions of Sale govern the offer, forwarding and acceptance of purchase orders for products on the website www.qckj.it and do not regulate the provision of services or the sale of products by parties other than the Vendor who may be present on www.qckj.it through links, banners or other hyperlinks not directly attributable to the Vendor. Before submitting orders and purchasing goods and services from parties other than the Vendor, it is advisable to check their sales conditions because the Vendor is not responsible for the provision of services by third parties other than the Vendor.

 

2.3 The products are sold to the Customer identified according to the data provided by it when completing and submitting the Order Form in electronic format, which implies the concurrent acceptance of these General Conditions of Sale. 

 

2.4 Product offers on the website www.qckj.it are only intended for adult customers. By completing and submitting an order through this website, the Customer declares and guarantees that it is 18 years old or more and has the legal ability to enter into binding contracts.

 

2.5 The Customer is prohibited from entering false and/or invented and/or imaginative names, as well as incorrect personal references, during the on-line ordering procedure and in further communications. The Vendor reserves the right to lawfully pursue any breach and abuse, in the interest and for the protection of all Consumers. 

 

2.6 By accepting these Conditions of Sale, the Customer exempts the Vendor from any liability arising from the issue of incorrect tax documents due to data errors provided by the Customer at the time of entering the order online, since the latter is solely responsible for their correct entry.

 

 

3. Sales prices

 

3.1 Unless otherwise stated, all Product prices and shipping and delivery costs shown on the website www.qckj.it and on the Order Form are inclusive of VAT (value added tax, applied according to the rate at the time of order) and expressed in Euro (€). The validity of the prices indicated is always and only that shown on the website www.qckj.it at the time of transmission of the Order Form through the Internet. Product prices and shipping and delivery costs may vary without prior notice.

 

3.2 All Products are shipped directly from Italy. The Product prices and the shipping and delivery costs shown on the website www.qckj.it and on the Order Form, unless otherwise specified, shall be deemed not inclusive of any additional costs associated with not pre-calculated customs duties and taxes, if the shipment is made to non-EU countries, or, in any case, to countries where the applicable law provides for import charges. In such cases, the existence of any additional costs mentioned above will be clearly mentioned during order review and confirmation. In any case, such additional costs will be borne exclusively by the Customer and must be paid according to the information specified in the Order Confirmation.

 

3.3 No invoice is issued unless expressly requested on the Order Form, with simultaneous indication of tax code and VAT number.

 

4. Forwarding the order and conclusion of the purchase and/or sale contract

 

4.1 An online purchase and/or sale contract, is intended as the negotiation of the sale of movable property (hereinafter referred to as Products) concluded at a distance through the website www.qckj.it, stipulated between the Customer and the Vendor within the scope of an e-commerce service organized by the Vendor which uses Internet-based communication technology for this purpose.

 

4.2 The conclusion of a purchase contract for one or more Products shall be completed through completion of the Order Form in electronic format and the subsequent transmission thereof to the Vendor through the Internet, in the manner indicated.

 

4.3 The Order Form contains:

- a referral to these General Conditions of Sale;

- the information (and any images) of each Product;

- the price of each Product (including VAT);

- the payment methods available to the Customer;

- the delivery methods of the Products purchased and the related shipping and delivery costs;

- a reminder of the conditions for the Customer to exercise the right of withdrawal;

- how and when to return purchased products.

 

4.4 Notwithstanding the Vendor's constant efforts to ensure that the images of the Products displayed on the website www.qckj.it are faithful reproductions of the Products themselves, including the adoption of any available technological solution to minimize inaccuracies and differences, there are always some variations due to the technical characteristics and colour-resolution features of the technical instruments used (camera, computer, screen). As a result, the Vendor will not be responsible for any inadequacy and/or disparity in the graphic representations of Products shown on the website www.qckj.it, whenever this is due to the above technical reasons, since such representations are purely illustrative.

 

4.5 The contract is concluded when the Vendor receives the Customer's Order Form through the Internet, after checking the correctness of the data contained therein.

 

4.6 Once the contract has been concluded, the Vendor will take the Customer's order in hand to ensure it is fulfilled.

 

4.7 The languages available during the conclusion of the contract are Italian and English.

 

5. Order processing

 

5.1 With the filling in and subsequent transmission of the Order Form, the Customer unconditionally accepts and undertakes to observe, in relations with the Vendor, these General Conditions of Sale. 

 

5.2 Once the contract has been concluded in accordance with the foregoing paragraph, the Vendor will send an Order Confirmation by e-mail (to the address indicated when completing the Order Form), containing a summary of the information already contained in the Order described in the previous paragraphs.

 

5.3 Prior to sending the Order Confirmation, the Vendor shall be entitled to ask the Customer, by e-mail or by telephone, for further information regarding the order received.

 

5.4 The Vendor, at its sole discretion, has the right not to process any purchase orders that do not provide sufficient solvency guarantees or that are incomplete and/or incorrect, or in the event of unavailability of the products or, again, in the event that the Order does not correspond with normal consumption needs. In all these cases, the Vendor will inform the Customer, by email (to the address indicated when completing the Order Form), that the purchase contract has not been concluded, as the order was not processed, specifying the reasons. In such a case, the sum authorized on the Customer’s means of payment will be promptly redeemed.

Moreover, despite any of the Vendor’s efforts to do so, it cannot be ruled out that a small part of the Products on www.qckj.it website have a different price than the actual one. The Vendor therefore, for each order, undertakes to check the correctness of the product prices during the order checking process and subsequent shipment of the products. If, due to glitches or other setbacks, the price indicated on the website www.qckj.it is less than the proper sales price of a product, the Vendor will contact the Customer to check whether the latter still wishes to purchase the product at the right price. Otherwise, the order cannot be accepted. If, however, the right price of a product is less than that indicated on the site, the Vendor will only charge the Customer the lowest proper price, arranging delivery of the purchased Products.

 

5.5 If the selected Products, as seen on the website www.qckj.it, are no longer available or on sale after having forwarded the Order Form, the Vendor shall notify the Customer, promptly and in any case within thirty (30) working days from the day following the transmission date, the non-availability of the ordered Products. In such a case, the sum authorized on the Customer’s means of payment will be promptly redeemed.

 

5.6 The Vendor undertakes to process the order and ship (or deliver to the designated courier) the Products ordered to the Customer within and not exceeding 20 days from the date of conclusion of the contract.

 

5.7 Each sale made by the Vendor through the online sales service may cover one or more products. All orders placed on the website www.qckj.it must be in keeping with the normal consumption requirements. This requirement applies both to the number of products purchased with a single order and in the event of several orders for the same product, even if each order includes a quantity of products in keeping with normal consumption needs. In any case, the Vendor is entitled not to process orders that do not meet the normal consumer needs.

 

5.8 The Vendor expressly reserves the right to refuse orders from a Customer with which litigation and/or disputes over a previous order are in progress. This applies equally to all cases where the Vendor considers the Customer unsuitable, including, as an example, the case of previous breaches of contract terms for online purchasing or for any other legitimate reason, especially if the customer has been involved in fraudulent activities of any kind.

 

6. Method of payment

 

To pay the price of the Products and the related shipping and delivery costs you can proceed with one of the methods indicated on the Order Form, and that are summarized below.

 

6.1 PayPal

 

6.1.1 The Customer can make payments on the www.qckj.it website through their PayPal account, by using the registration references used on www.paypal.com. 

 

6.2 At no time during the purchase procedure, can the Vendor know (nor is it able) the Customer's credit card information or PayPal account (for example, the credit card number or its expiry date, i.e. the access parameters to the PayPal account), which are transmitted directly to the site of the party managing the electronic payment (bank or Paypal) through an encrypted protocol-protected connection. Furthermore, no Vendor computer file will retain this data.

 

6.3 Under no circumstances may the Vendor be held liable for the fraudulent and/or unlawful use of credit cards and prepaid cards or PayPal accounts by third parties.

 

7. Shipment and delivery of products

 

7.1 Once the order has been checked and the payment has been made, and after sending the Order Confirmation to the Customer, the Vendor will proceed with shipping the Products to the address indicated during completion of the Order Form.

 

7.2 The shipment contains:

- the ordered products;

- the transport document/accompanying invoice; 

- any accompanying documentation required by the country of destination;

- any information and promotional material.

 

7.3 Purchased products will be sent to the shipping address indicated by the Customer on the Order Form by postal service or Vendor’s choice of private courier, at the Vendor's discretion and according to the Customer's choices on the Order Form. In the Shipping section of the website www.qckj.it there is additional information on costs, times and delivery methods and countries served.

 

7.4 Upon receipt of goods, the Customer is required to check the integrity of the parcels delivered by the courier. In the event of irregularities, it is the Customer’s responsibility to have the courier note them and to refuse the delivery. Otherwise the Customer will no longer be entitled to make any subsequent claims regarding the integrity of the Products purchased.

 

8. Right of withdrawal

 

8.1 Only in the event that the Customer qualifies as a Consumer (this definition meaning any natural person acting for purposes other than the business or profession that they carry on) will have the right to withdraw from the contract concluded with the Vendor without any penalty and without specifying the reason, communicating it to the Vendor within 14 (fourteen) days from the day on which the Customer or a third party, possibly designated by this Customer and other than the carrier, acquires the physical possession of the goods. The term is deemed respected if the Customer returns the goods before the expiry of the14 (fourteen) days. 

8.2 The Customer must inform the Seller of his decision to exercise the right of withdrawal before expiry of the above term by using the withdrawal form available in their user area, in the order record section, or by submitting any other explicit statement of their decision to withdraw from the contract to be sent by registered mail with return receipt.

8.3 The customer must wait for QCK&J’s permission for the return. Once permission has been granted, the customer will have to print and attach to the parcel the return label and wait for the courier to take delivery of the parcel to be returned to QCK&J.

 

8.3 The right of withdrawal is subject to the following conditions: 

- Products must be returned in their entirety and must not have been used, worn, washed, dirtied or damaged;

- returned Products must not bear any obvious signs of use;

- Products must be returned packaged exactly as they were shipped, complete with each accessory and label. By way of example and by no way of limitation, the underwear should be returned in its original bag and must be complete with label and tag;

- returned Products must be sent to the Vendor in a single shipment. The Vendor reserves the right not to accept Products from the same Order returned and dispatched at different times;

- in case the Vendor, faced with the purchase of a particular product package, offers the possibility of buying them at a lower price than what would normally be applied if buying them individually (e.g. 5x4, 3x2 etc), the right of withdrawal may also be exercised with the return of just some of the products purchased: in this case the price will be recalculated, taking as a reference the price normally used for the purchase of the individual product. In all other cases (e.g. combined sales, loyalty programmes, etc.), the right of withdrawal may only be exercised with the return of all the Products purchased, thus excluding any partial exclusion.

 

8.4 If the right of withdrawal is exercised in accordance with the above conditions, the Vendor is obliged to repay the sums paid by the Customer without undue delay and in any case within 14 (fourteen) days from the day on which it was informed of the Customer's decision to withdraw from the contract, provided that the Vendor has already received the returned goods or that the Customer provides the Vendor with proof that they have already despatched the returned Products. The Vendor will use the same means of payment used by the Customer for the Initial Transaction for the refund, unless the latter has expressly agreed otherwise and provided that it does not have to bear any cost as a result of the refund.

 

8.5 In the case of withdrawal, the only expenses borne by the Customer will remain those of the initial shipment of the Order of the Products purchased. All other expenses will be refunded by the Vendor, including the delivery costs of the returned goods following exercising of the right of withdrawal (with the exception of the additional costs resulting from the Customer's choice of using a different and more expensive delivery method than the standard delivery type offered by the Vendor). 

 

8.6 The Seller also undertakes to pay the initial shipping costs of the returned Products solely in the event of damage to the goods due to shipping or errors in the shipment by Vendor. Only in these cases will the Vendor refund the Customer the amount paid as initial shipping costs.

 

8.7 The Vendor will send an express courier for collection of the returned Products to the address indicated by the Customer, or will provide the Customer with all information necessary to enable them to return the goods by delivery to designated and specified collection points.

 

8.8 In order to return the Products, the Customer must only use the courier indicated by the Vendor. In this way, the Customer will not be required to pay directly the return costs because they will be honoured directly by the Vendor on behalf of the Customer. Subsequently, with the exception of the provisions of the foregoing point for any defective product return, the Vendor will retain from the refund due to the Customer a prepayment amount equal to the cost previously incurred for the shipment and delivery of the Products purchased or the shipping costs normally provided for in the country of delivery. From the time of delivery of the purchased goods to the courier indicated by the Vendor, the Customer is exempt from any liability in the event of loss or damage of the Products during transport.

 

8.9 In the case of exercising the right of withdrawal without complying with the abovementioned conditions, the Customer will not be entitled to a refund of the sums paid. In such a case, the Vendor will notify the Customer by email (to the email address indicated on the Order Form) the failure to accept the Return and the Customer will have the right to get the Products back, at their own expense, in the state in which they were returned to the Vendor. Otherwise, the Vendor may retain the products in addition to the sums already paid for their purchase.

 

8.10 As provided for by current legislation, the right of withdrawal is excluded and cannot be exercised, if the Products purchased have been customized upon a specific request by the Customer at the time of ordering. 

 

9. Guarantee of conformity

 

9.1 The Vendor is liable for any defect in the products offered on the site, including the non-compliance of the items with the ordered products, in accordance with Italian law on this matter.

 

9.2 Please note that the Products distributed and marketed by the Vendor are handmade and are tailored by skilled craftsmen through multiple processing stages, so any and possibly slight differences between Products of the same type are not to be understood as defects in conformity, on the contrary, they constitute proof of the Product’s handmade nature, as well as one of its peculiar features.

 

9.3 The guarantee period is 2 (two) years from the date of delivery of the goods. If the Customer qualifies as a Consumer (this definition meaning any natural person acting for purposes other than the business or profession that they carry on), this guarantee is valid on condition that the following conditions are met: 

· a) the defect appears within 24 months from the date of delivery of the products;

· b) the Customer reports the defects within two months from the date on which the defect was discovered by the latter, unless this does not conflict with the prevailing mandatory rules of the Customer’s country of habitual residence.

 

9.4 In particular, in the event of a defect in conformity, the Customer who has entered into the contract as a Consumer will be entitled to obtain restoration of the products’ conformity without charge, through repair or replacement, or to obtain an appropriate price reduction or termination of the contract in respect of the disputed goods and the consequent refund of the price paid.

 

9.5 All refund costs for defective products will be borne by the Vendor.

 

9.6 In no case shall the Vendor be held any way responsible, nor can it be called upon to respond for any damages and/or prejudices of any type which may arise from distorted and/or improper and/or, anyway, non-conforming use of the Products.

 

10. Contacts

The Glamour Sas eCommerce team is available to the Customer for any request for information, and can be contacted at info@qckj.it or at the following address: 

eCommerce Office

Glamour S.a.s. di Angela Gibellini

Via A. Volta, 9

41042 Fiorano Modenese (MO)

Italy

 

11. Communications to the customer

 

The Customer acknowledges, accepts and gives their explicit consent that all communications, notifications, statements, information, reporting, and any documentation on the transactions made regarding the purchase of Products, will be sent to the e-mail address indicated on the Order Form.

 

12. Privacy

 

All information on personal data processing is available in the section dedicated to the Privacy Policy.

 

13. Applicable Law, Competent Court and Friendly Dispute Resolution

 

13.1 These General Terms and Conditions of Sale are governed by Italian law and will be interpreted accordingly, except for any other prevailing imperative law in the Customer’s country of habitual residence. Consequently, the interpretation, execution and termination of these General Conditions of Sale are solely subject to Italian law (except for any other prevailing imperative law in the Customer’s country of habitual residence) and any related and/or consequential disputes must be resolved exclusively by the Italian court, as further specified below. In particular, if the Customer is a Consumer, any dispute shall be settled by the Court of their place of domicile or residence based on applicable law or, at the choice of the consumer in the case of action taken by the consumer, by the Court of Modena. If, however, the Customer acts while carrying on their commercial, craft or professional business activity, the parties consensually establish, for any disputes arising in connection with the interpretation, execution and termination of the contract, the sole competence of the Modena Court.

 

13.2 Given that the Vendor is always available to seek a friendly solution to any disputes, through the direct contacts indicated in point 10), we inform the Customers that, according to Article 14 of EU Regulation no. 524/2013 and the Resolution on ODR referred to in Statutory Instrument no. 500/2015, effective from February 15, 2016, an online dispute resolution (ODR) platform has been set up by the European Commission, accessible through the following link: https: // https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage. The Customer will be able to consult the list of bodies, find the link of each of them and initiate an on-line dispute resolution procedure, through this platform. More information about the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show 

 

13.3 If any or all of the conditions of these General Conditions of Sale are to be declared null and/or invalid and/or ineffective and/or inapplicable, for any reason, the other conditions will retain all their strength and scope

 

14. Change and amendment

 

The Vendor is free to make changes and/or amendments to these General Conditions of Sale at any time. Therefore, the Customer will only be required to accept the General Conditions of Sale in force at the time of purchase (i.e. when completing and submitting the Order Form). The new General Conditions of Sale will be effective from the date of publication on the website www.qckj.it and in relation to purchase orders submitted after that date.