Terms of service
GENERAL CONDITIONS OF SALE
FOREWORD
This document governs the relationship between users and the owner, as better identified below, in relation to commercial transactions carried out on the site www.k-surgery.com (“User/Users” and “Site”).
In the event that the User does not wish to accept these conditions, he/she is not authorized to use the services offered on the Site.
The Site may be used by the User solely for personal purposes and not for commercial or business purposes. By accessing it, therefore, the User agrees to make personal and non-commercial or entrepreneurial use of the Site, its content and the information contained therein.
By accessing the Site and accepting these general terms and conditions (“General Terms and Conditions of Sale”), the User declares that he/she is a person of legal age, possessing the capacity to act and is well aware of the warnings and precautions for the use of the products marketed by the Owner through this Site.
1: Owner
The User acknowledges that the owner of the Site is VIDA SRL - Via G. Galilei 4, 56040 - Crespina Lorenzana (PI) P.IVA 02018300505
2: Object of the sale
The purpose of the Site is the distance sale, through telematic tools organized by the Owner, of cosmetic products branded “Ksurgery” (hereinafter, for brevity, “Product/Products”).
3: Completion of the contract
3.1 Purchase Order.
In order to place a purchase order for a Product (“Order”), the User must select the Product(s) he/she intends to purchase in the manner of registering his/her purchase choice that is indicated to him/her on the Site.
At the time of selection, moreover, the User is made aware of the total price to be paid to the Holder for the selected Product(s), including the cost relating to any delivery charges and any taxes, the main characteristics of the selected Product(s) and its instructions for use and warnings, the terms of payment, the conditions for withdrawing and the clarification that the completion of the purchase order implies the obligation to pay the price.
In order to make a purchase, the User may, at his or her discretion, choose to register with the Site - by filling in the appropriate registration form, logging in by entering the username and password indicated during registration, or log in as a “Guest”, filling in all the fields indicated therein with his or her identification data, e-mail address, telephone number, tax code or VAT number and delivery address for the Products.
The information and personal data provided by Users must be accurate, precise, true and up-to-date, and the User assumes full responsibility for such correctness.
Once this step is completed, the User must select the payment method he/she intends to use from those indicated on the Site.
Before sending the Order of the Product(s) to the Holder, the User has the opportunity to verify the accuracy of the data entered and to modify them, if necessary. The User, moreover, is obliged to perviously read and accept these General Terms and Conditions of Sale, the conditions of use of the Site and the privacy policy, which will be accessible through appropriate links.
The Owner informs the User that the placing of the Order implies the obligation to pay the indicated consideration for the chosen Products.
3.2 Order Confirmation.
The sale and purchase agreement between the Owner and the User shall only be deemed to be concluded upon receipt by the User of the order confirmation (“Order Confirmation”).
The Order Confirmation contains a summary of the General and Particular Conditions applicable to the contract in force between the parties, information regarding the essential characteristics of the goods purchased or booked and detailed indication of the price, the means of payment chosen, the place and costs of delivery as well as other possible charges. In accordance with current regulations, a copy of these General Terms and Conditions will be sent to Users via a link present in the Order Confirmation, so that the User can store it on a computer medium and/or print it out.
The contract between the parties shall not be deemed perfected in default of receipt of the Order Confirmation by the User.
4: Delivery of Products
4.1 Delivery
In case of Order Confirmation, the Owner undertakes to deliver the goods to the address indicated by the User within the next 30 days.
Delivery of the purchased Products shall be deemed completed upon receipt of the same, by the User, at the shipping address indicated in the Order.
4.2 Inability to deliver
If it is not possible to deliver your Order due to your absence at the place of delivery indicated at the time of your Order, the Holder, by means of the courier, will leave a notice of storage in which will be specified the place where the package is located and the methods to be used to arrange for its collection.
It is understood between the parties that the contract shall be deemed to be terminated if delivery cannot take place for reasons not attributable to the Holder after 30 days from the date on which Your Order is available for delivery.
As a result of the termination of the contract, the Holder shall refund to the User the amount paid, including delivery costs, without undue delay and, in any event, within 14 days from the date of termination of the contract.
5: Availability of Products and Service
All orders for Products are subject to the availability of the same and the Holder assumes no responsibility for the possible unavailability of the Products. In this sense, in case of supply problems, or if there are no items in stock, the Holder will notify the User by email communication or telephone communication to the references specified by them within the Order, keeping him updated in the event that the Product ordered becomes available again. In such circumstances, the Order will be considered cancelled and the contract terminated: the relationship between the parties will be regulated on the basis of the provisions of the previous art. 4.2, last paragraph.
The Owner, in any case, reserves the right to provide information regarding substitute products of equal or higher quality and value, which the User may decide to order in place of the selected Product. Should the User not wish to make such replacement, all amounts paid will be refunded.
6: Refusal to process an order.
The Owner reserves the right to remove any Product from the Site at any time and/or to delete and/or edit any material or content thereof.
The Owner disclaims any liability to the User or to any third party for the removal of any Product from the Site or for the deletion or modification of any material or content on the Site.
7: Passing of Risk.
The risks related to the Products pass to the User from the moment of their delivery.
8: Withdrawal and Refund
With Ksurgery, the return service is quick and easy.
To return the purchased goods you must send written notice by registered letter with acknowledgment of receipt to:
Vida Srl - Via G. Galilei - 56040 Crespina Lorenzana (PI)
P.IVA - CF 01469470494
8.1 Right of withdrawal
The right of withdrawal is provided for by Legislative Decree September 6, 2005, no. 206.
The customer may exercise the right of withdrawal within 14 working days of receipt of the goods. The notice may be sent, within the same period, by e-mail to info@k-surgery.com provided it is confirmed by registered letter with acknowledgment of receipt within the next forty-eight hours.
Vida srl
Via Galileo Galilei 4, Crespina Lorenzana (PI) - 56040
Tel. +39 050 643281
Mail. info@k-surgery.com
8.2 Return shipment
For a return to be accepted, the goods must be undamaged and properly packaged so that they are not damaged in transit.
8.3 Refund.
The refund, equivalent to the amount of the product and the original delivery costs, is received by the customer within 14 days from the time of withdrawal from the purchase contract. Shipping costs for the return of products shall be borne by the customer. Ksurgery uses the right not to accept damaged or broken goods.
9: Price and payment
9.1 Price
The price to be paid to the Holder shall be the one indicated from time to time on the Site, in relation to the Products chosen and their characteristics, in addition to delivery charges - counted on the basis of the criteria indicated in the following paragraph of this article - and any other taxes that will be indicated to the User at the time of purchase.
In the event that, with the same Order, the total amount exceeds EUR 50.00 , the delivery of the Products will be made by the Holder free of charge exclusively on Italian territory.
9.2 Payment
The User may make payments using the credit cards indicated on this platform.
10: Changes to the service
The Owner reserves the right to modify these General Conditions of Sale at any time by means of general notices to Users published on the Site and/or by means of e-mail communications to the User with an indication of the effective date of the changes themselves, which will be at least thirty (30) days after the date of the communication sent by the Owner. Such changes will always and in any case respect the minimum rights recognized to consumers under current legislation.
In any case, the General Conditions that regulate the relationships between the parties are those provided for on the date of completion of the contract, indicated via a link in the Order Confirmation e-mail.
11: Limitations of liability
The User is fully responsible for the purchase made on the Site, undertaking to carefully read the instructions and warnings for use of the Products purchased and to use them in compliance with these conditions.
The Owner shall not be held liable for any use of the Products in a manner that is not compliant with the instructions for use and/or in general in a manner that is different from their normal intended use.
To the extent permitted by law, the Owner assumes no liability for damages, claims, direct or indirect losses arising to Users for the failure or defective functioning of the electronic equipment of Users or third parties. The Owner cannot be held responsible for damages resulting from the failure to provide the services offered on the Site due to the incorrect or failed functioning of the electronic means of communication for reasons outside the sphere of its foreseeable control, including, by way of example, fires, natural disasters, lack of energy, unavailability of telephone connection lines or other network service providers, as well as actions of other Users or other persons having access to the network.
12: Suspensions of the service
The Owner reserves the right to temporarily suspend, without prior notice, the provision of the Product purchase and sale service for the time strictly necessary for the technical interventions necessary and/or appropriate to improve its quality (hereinafter, for brevity, "Service").
The Owner may at any time interrupt the provision of this Service if there are justified reasons of security or violations of confidentiality, in which case giving notice to the Users.
13: Applicable law and competent court
13.1 These general conditions are governed by Italian law.
13.2 For any dispute concerning these General Conditions, pursuant to art. 66-bis of Legislative Decree 206/2005, the Judge of the place of residence or domicile of the User is competent, if located in the Italian territory.
Article 14: Communications and complaints
All communications required by these General Conditions, including any complaints, must be sent without particular formalities and also by email to:
- Owner, at the address and/or contact details indicated in the previous paragraph 1;
- User, at the residence or domicile or at the email address communicated at the time of registration on the Site or subsequently modified and communicated to the Site at the address above.
Article 15: Confidentiality of personal data
The processing of users' personal data will be carried out in compliance with the provisions of Legislative Decree no. 196/2003 on the protection of personal data ("Privacy Code"), and subsequent additions and modifications, as better specified in the privacy policy available in the appropriate section of the site.
Article 16: Force Majeure
The Owner shall not be liable in any way for failure to perform or delay in the performance of any of the obligations under the contract caused by events that are beyond its reasonable control ("Force Majeure Events").
Force Majeure Events means any act, event, non-occurrence, omission or accident beyond any reasonable control; this expression includes, by way of example but not limited to, the following:
- strikes, lockouts or other industrial action;
- national or international health emergencies
- riots, revolts, invasion, terrorist attacks or threats of terrorist attacks, wars (declared or not), or threats of war;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- impossibility of using railways, shipping, air transport, motor transport or other means of public or private transport;
- impossibility of using public or private telecommunications networks;
- acts, decrees, laws, regulations or restrictions of any government;
- any strike, disaster or accident of shipping, post or other means of transport of any significance.
It is understood that the performance of the obligations under the contract will remain suspended for the entire duration of the Force Majeure Events. In such circumstances, the Owner may enjoy an extension for the performance of the contract equal to the duration of such period. It is understood that, even during the Force Majeure Events, the owner will endeavor to find a solution by which to comply with its contractual obligations.
Article 17: Partial nullity
If any article of the General Conditions of Sale, or part thereof, should be deemed invalid, unlawful or inapplicable by the competent authority, such article, clause or provision will be considered as not having been included while the other articles, clauses and provisions will remain valid to the maximum extent permitted by law.
Article 18: Integrity of the contract
These General Conditions of Sale, as well as any document expressly referred to therein, represent the entire agreement between the User and the Owner regarding the subject of the contract and replace any previous agreement, understanding or pact between the same parties, whether oral or written.
The User and the Owner, in signing the contract, acknowledge that they have not relied on any representation, commitment or promise made by the other party, or inferable from what was said or written during negotiations prior to the contract, but only on what is expressly stated in these General Conditions of Sale.