GENERAL CONDITIONS OF SALE
These general conditions of sale (“Conditions of Sale”) govern the offer and sale of products on the website www.kuberth.com (the “Site”).
The Site is managed by KUBERTH S.R.L. Unipersonale, with registered office in Brescia, Via Silvio Scaroni n. 14, VAT number. 03770010985 (“KUBERTH S.R.L.”).
These Conditions of Sale do not regulate the sale of products on the Site through links or banners provided by third parties other than KUBERTH S.R.L. In this case, KUBERTH S.R.L. is not responsible for any purchases made by the user of the Site, which will be governed exclusively by the conditions of sale of the third parties concerned.
By making any purchase, the user implicitly and unconditionally accepts the Conditions of Sale. We therefore recommend reading them carefully before making any purchase. If the user does not intend to accept these Conditions of Sale, please leave the Site or do not use the online showcase on the Site.
1. SCOPE OF APPLICATION
The products that can be viewed within the various sections of the Site consist of polyurethane products for the automotive sector offered for sale only to adult consumers. The term “consumer” means the user, a natural person, who acts for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out (the “Customer”).
The Customer who has not yet reached the age of eighteen may use the Site only under the supervision of a parent or guardian.
KUBERTH S.R.L. reserves the right to oppose the processing of orders from subjects other than consumers and any other order that does not comply with these Conditions of Sale.
2. PRODUCT AND PRICE INFORMATION
In the Catalog section, the Customer can find the description, technical characteristics and information on the availability of the selected product as well as view its price.
The images relating to the individual products are published for illustrative purposes only.
Prices may be subject to changes and updates. Before making a purchase on the Site, the Customer is invited to check the final sale price specified in the purchase order. This amount, as well as the delivery costs, will be charged to the Customer at the time of purchase.
If, due to technical problems, the price indicated on the Site should be lower than the actual sale price, KUBERTH S.R.L. will contact the Customer in order to verify if he intends in any case to purchase the product at the actual price; otherwise the order will not be processed. If, on the other hand, the price indicated on the Site should be higher than the actual sale price, KUBERTH S.R.L. will process the order and charge the Customer the actual lower price only.
3. REGISTRATION TO THE SITE
In order to purchase the products on the virtual showcase of the Site, the Customer must register by filling out the form accessible on the page https://www.kuberth.com/my-account/. The Customer is required to enter their personal data as well as a valid e-mail address and password which must be kept confidential.
By registering on the Site, the Customer declares and guarantees that all data and personal information provided are complete, truthful and correct and ensures that his registration data is kept up-to-date.
The e-mail address and password will be the authentication credentials that will allow the Customer to access all the features of the Site and to proceed with the purchase of the products on the virtual showcase. All purchases made using the authentication credentials are considered made by the Customer to whom they belong.
Once the registration process has been completed, the Customer accepts, within the limits permitted by applicable law, that he is solely responsible for all the activities that will be carried out with his account and password, thus committing himself to keep his credentials confidential and to respond directly. of any damage and / or prejudice caused to KUBERTH SRL or to third parties for improper use and / or loss of their authentication credentials.
Therefore, in the event of unauthorized use or other breach of the security of their account, the Customer is invited to immediately notify KUBERTH S.R.L. through the Customer Service available at email@example.com
KUBERTH SRL, reserves the right to terminate, at its sole discretion and at any time, the contract with the Customer in the event of improper use of the Site or violation of these Conditions of Sale, without any obligation to communicate. to the Customer himself the reasons for this decision or the right to indemnity or compensation.
Access to the Site does not involve any cost for the Customer. The costs incurred by the Customer are those of surfing the Internet, in relation to which KUBERTH S.R.L. it is completely foreign.
4. PURCHASE PROCESS
In order to place an order for the purchase of one or more products available on the Site, it will be necessary to select the products one at a time and add them to the cart. Once the products to be purchased have been selected, the Customer can close the cart by clicking on View Cart. An order form will then appear summarizing the selected products, their main characteristics and their respective price. The Customer will be asked for the preferred solution for delivery, specifying the related costs, as well as the method of payment. Once the insertion is complete, the Customer must send the order by clicking on the Proceed to order button. Upon acceptance of the order, the Customer will be warned that the forwarding involves the obligation to pay.
Before proceeding with the purchase, the Customer will be asked to carefully read and accept these Conditions of Sale and the Information on the Processing of Personal Data, of which it will be possible to print a copy or save the related documents in pdf format.
The order will be considered as a contractual purchase proposal addressed to KUBERTH S.R.L. for each of the products listed in the order itself.
By sending the order, the Customer accepts and undertakes to observe these Conditions of Sale, available on the Site at any time.
Upon receipt of the order KUBERTH S.R.L. will send an e-mail confirming receipt. The contract will be concluded after the verification of the availability of the products requested by the Customer and exclusively when KUBERTH S.R.L. will send an acceptance email of the Customer’s purchase proposal (“Order Acceptance E-mail”) containing a summary of the products purchased, information relating to shipments and the expected delivery date, in accordance with the provisions of paragraph 6 below.
It will be possible to cancel the order before receiving the Order Acceptance E-mail. In this case KUBERTH S.R.L. will not charge the Customer any costs.
In any case, the right of withdrawal is subject to the terms and conditions set out in paragraph 7 below.
The order will be archived in the database of KUBERTH S.R.L. for the time necessary for its processing and no later than the terms established by law.
The Customer can view his order at any time by accessing the personal page of the Site, in the View My Orders section.
Before sending the order by clicking on the Make payment button. the Customer will be asked to provide his credit card details (Visa, Mastercard and American Express). These data (in particular the credit card number and the expiry date) will be forwarded to CartaSi S.p.A., in charge of providing the payment services. These data will in no way be accessible to third parties and will be used by KUBERTH S.R.L. exclusively to (i) complete the purchase procedures; (ii) make the related refunds in case of exercising the right of withdrawal; (iii) comply with a request from the police or competent authorities; (iv) prevent or report to the police the commission of fraud on the Site.
KUBERTH S.R.L. delivers the purchased products to the address communicated by the Customer at the time of placing the order and for this purpose uses a carrier in charge of their transport. KUBERTH S.R.L. will therefore not be responsible for any errors in delivery due to inaccuracies or incompleteness in completing the order by the Customer.
The delivery of the products will be made within the terms specified in the Order Acceptance Email and, in any case, no later than 15 days from the conclusion of the sales contract.
Delivery costs are the sole responsibility of the customer.
In case of unavailability of the products covered by the purchase order, KUBERTH S.R.L. will notify the Customer within 10 days of purchase at the e-mail address indicated when registering on the Site.
In this case, the sales contract will be considered terminated and KUBERTH S.R.L. will reimburse the Customer the price and delivery costs in the same manner in which the Customer made the payment.
In the case of multiple orders, the refund is limited to the price and delivery costs specifically referring to the product that is not available.
Without prejudice to the provisions of point 4 above, if the purchased product is not to the satisfaction of the Customer, the latter has a period of ten calendar days (“Withdrawal Period”) from the delivery of the product – or, in the case of several products purchased through a single order and delivered separately, from the delivery of the last item – to withdraw without giving any reason to KUBERTH SRL provided that the product is returned without being used or damaged previously.
A) How to exercise the right of withdrawal
If the Customer intends to withdraw from the sales contract, he must inform KUBERTH SRL, before the expiry of the Withdrawal Period, of the desire to exercise the right of withdrawal by sending an explicit declaration by e-mail to firstname.lastname@example.org, indicating the number order and delivery date.
If sent by e-mail, KUBERTH S.R.L. forward to the Customer, without delay and by e-mail to the address indicated during registration, a communication confirming receipt of the request for withdrawal sent by him. In all other cases, the burden of proving the correct and timely exercise of the right of withdrawal is borne by the Customer.
B) Return and refund
Once the right of withdrawal has been exercised, the Customer must return the products in the original packaging, properly packaged, within ten days from the date on which he communicated to KUBERTH S.R.L. the withdrawal. The cost of returning the products is the sole responsibility of the Customer.
Once the return has been received, KUBERTH S.R.L. will verify compliance with the requirements for exercising the withdrawal and will send the Customer an acceptance email.
Where the returned products show damage or signs of wear, KUBERTH S.R.L. may withhold by way of reimbursement an amount equal to the relative decrease in value. The amount of this amount will be specified in the acceptance e-mail.
KUBERTH S.R.L. will reimburse the price of the product – including delivery costs, where expressly provided – within ten days from the notice of withdrawal. It should be noted that, if the Customer has expressly chosen a type of delivery other than the ordinary one, the additional costs incurred by the same will not be refunded.
The refund will be made using the same payment method used by the Customer for the purchase of the returned products, unless the Customer has expressly accepted the use of a different means of payment.
If the recipient of the products indicated in the order does not coincide with the person who made the payment, the reimbursement of the sums will be made in favor of the latter.
KUBERTH S.R.L. reserves the right to withhold the reimbursement until it has received the products or the Customer has demonstrated that he has returned the same, depending on which situation occurs first.
C) Exceptions to the right of withdrawal
The right of withdrawal cannot be exercised in relation to the use and damage of the product which would make it impossible to resell the same.
8. MANAGEMENT OF RETURNS
KUBERTH S.R.L. undertakes to replace any original defective item or component.
The report must be made to KUBERTH S.R.L. within 7 days of receipt of the goods at email@example.com, and the item must be returned with the original packaging in which it was delivered.
All returns must be authorized in advance: the authorization will be sent by email to the address indicated with detailed instructions for the return.
Transportation is borne by KUBERTH S.R.L.
9. LEGAL WARRANTY
The Customer benefits from the legal guarantee of conformity to which KUBERTH S.R.L. is required by law (“Legal Guarantee”), which guarantees the product sold against conformity defects with respect to the sales contract and existing at the time of delivery.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already exist on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity.
Pursuant to the Consumer Code, if the purchased product presents a defect covered by the Legal Guarantee, the Customer has the right to restore, without charge, the conformity of the goods by repair or replacement by the seller.
The Customer may request, at his choice, an appropriate reduction in the price or the termination of the contract if one of the following situations occurs: a) the repair and replacement are impossible or excessively expensive; b) KUBERTH S.R.L. has not repaired or replaced the goods within the appropriate term; c) the replacement or repair previously carried out causes significant inconvenience to the customer.
The amount due by way of price reduction is determined taking into account the use that the Customer has made of the purchased product. It is also specified that a minor lack of conformity for which it has not been possible or is excessively burdensome to carry out the remedies for repair or replacement, does not give the right to terminate the contract.
The Customer is required to report the lack of conformity within one month from the date on which the defect was discovered. To this end, KUBERTH S.R.L. recommends that you keep the purchase receipt inside the package, as well as the shipment confirmation and product delivery documents.
10. LIMITATION OF LIABILITY
KUBERTH S.R.L. does not guarantee that the Site is free of defects, errors, bugs, interruptions or failures.
For technical reasons (also unrelated to the control of KUBERTH S.R.L.) some materials and / or information on the Site may be inaccurate, as well as the software programs that support the Site may malfunction, contain viruses or other harmful elements. KUBERTH S.R.L. will therefore not be liable for any damages arising to the Customer from the use of the Site and for the functionality of the same. The Customer assumes full responsibility for any losses, costs or damages, direct or indirect and of any extent and nature, deriving from the consultation of the Site.
With particular reference to online sales, KUBERTH S.R.L. is exclusively responsible, except in cases of willful misconduct or gross negligence, for direct and foreseeable damages at the time of the conclusion of the sales contract.
The Customer therefore accepts that KUBERTH S.R.L. cannot be held responsible for (i) any losses suffered, loss of earnings or any other damage that is not an immediate and direct consequence of the non-fulfillment of KUBERTH S.R.L. o that it was not foreseeable at the time of the conclusion of the sales contract; (ii) any loss or damage, caused or deriving from insubstantial discrepancies between the products ordered or purchased and the images, information or descriptions present on the Site and relating to such products; as well as (iii) the delay in the delivery of the purchased products due to insufficient stocks.
[To the extent permitted by law, KUBERTH S.R.L. declines all responsibility in the event that the purchased and delivered product does not comply with the legislation of the country of delivery other than Italy.]
1. CUSTOMER SERVICE
It is possible to obtain more information on the services provided by KUBERTH S.R.L. by contacting Customer Service at 030 7281968 (Monday to Friday from 8.00 to 12.00 and from 13.00 to 17.00, or by sending a written request to firstname.lastname@example.org
Any claim for non-execution or incorrect execution of the sales contract must necessarily be communicated in writing to KUBERTH S.R.L. to the e-mail address email@example.com
KUBERTH S.R.L. does not accept complaints or telephone disputes.
The Site and all the material made available, including but not limited to texts, images, wallpapers, audio and video files, trademarks, logos, drawings, information and any other material published in any format, including menus, web pages, graphics, colors, patterns, fonts, website design, software are the property of KUBERTH SRL and are protected, among other things, by Italian and international laws on intellectual property and database rights.
The reproduction, publication, transmission, copying, extraction, use, execution of derivative works and the distribution, in whole or in part and in any form of the contents and material present on the Site, for any purpose, is not permitted without the written consent of KUBERTH SRL The Customer has no right of resale or commercial or derivative use of the Site and the contents published therein.
The ability to copy or download the content made available on the Site does not give the Customer any right, ownership or interest in the material and / or software copied or downloaded.
13. CHANGES TO THE CONDITIONS OF SALE
KUBERTH S.R.L. reserves the right to modify the Conditions of Sale at any time to comply with the provisions of the law or regulations as well as in order to offer new products and / or services. The new Conditions of Sale will be effective from the day of their publication on the Site. The Customer will be subject to the terms from time to time in force at the time of placing the order, unless the Conditions of Sale or the law provide otherwise (in this case the new Conditions of Sale will be considered applicable also to orders placed previously).
In the event that any provision of these Conditions of Sale is deemed invalid, void, unenforceable or contrary to public order, this provision will not result in the nullity of the remaining provisions which will therefore remain valid and effective.
14. APPLICABLE LAW AND JURISDICTION
These Conditions of Sale are regulated and must be interpreted in accordance with Italian law.
The provisions contained in Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and in Legislative Decree no. 70 of 9 April 2003 on information society services and electronic commerce.
For any dispute concerning or deriving from these Conditions of Sale, the court where the Customer has his residence or domicile is competent, in addition to the alternative court of Brescia.
Via Silvio Scaroni 14
VAT number. 03770010985; Chamber of Commerce / NREA: BS / 561621
tel. +39 0307281968
E-mail address: firstname.lastname@example.org