TERMS AND CONDITIONS
These Terms and Conditions of Sale apply to deliveries of KEEP ME JEWELS in Italy, subject to the following exceptions and changes.
These Terms and Conditions of Sale and the applicable documentation comply with Parte III, Title III, Chapter I of Legislative Decree 206/2005.
Parties and Policy This website, at the URL “http://www.keepme.it” (hereinafter, "KEEP ME JEWELS") is managed by K&M srl, at via Paolo Soprani 2, 60022 Castelfidardo (An) (REA Company Register No.: AN 206056, VAT No. 02672370422) (hereinafter, "K&M"). The products purchased on the KEEP ME JEWELS website shall be sold by K&M in its own name, as the manufacturer company, with registered offices in Castelfidardo (An) at Via Paolo Soprani, 2 (REA Company Register No.: …, VAT No. 02672370422 ) (“K&M”).
The purchase of products at K&M on the KEEP ME JEWELS website shall be governed by the following Terms and Conditions of Sale.
K&M Terms and Conditions of Sale (hereinafter “Terms and Conditions of Sale”)
1. Notes on these Terms and Conditions of SaleThese Terms and Conditions of Sale shall apply to all orders and all purchases made on KEEP ME JEWELS (“Products”). K&M shall send its own communications online by email or electronic publication concerning all purchases on KEEP ME JEWELS. By using these online proposals, customers acknowledge that all statements of intent, communications, disclosures and other notices are issued or provided electronically online, except in cases where the law requires them to be in writing. These Terms and Conditions of Sale may change from time to time, with the date when they become effective posted on the KEEP ME JEWELS website. Any changes to the Terms and Conditions of Sale shall apply to orders placed beginning on the effective date (included), provided that the amended Terms and Conditions of Sale are visible on the website as applicable conditions at that time. Before placing a product order, customers will be given a reasonable opportunity to view these Terms and Conditions of Sale and will be asked to accept them.
2. Personal AccountCustomers are required to create a customer account (personal identifier or username). Customers are required to maintain the confidentiality of their password and restrict access to that password and account. Customers assume all liability for any action taken and any purchases made through their personal account.
3. Making an OrderTo purchase products, the customer must:
Provide the customer’s name and address, telephone number, email address, payment details and other required information;
Provide a valid delivery address (please note that K&M does not deliver to P. O. Boxes or automatic parcel delivery points. Our orders are shipped by courier, which require a signature upon delivery;
The authorized holder of the valid debit/credit card to make payment for the purchase of the products using these;
The authorized holder of the PayPal account to make payment for the purchase of the products using PayPal; Customers can place an order by going to the checkout after clicking on the "ADD TO CART” button. Customers hereby agree that their orders are proposals to purchase the Product/s indicated in the order under these Terms and Conditions of Sale. Each order of a product is considered an individual purchase. All orders are subject to acceptance by K&M. K&M reserves the right to refuse any order, with no explanation required. (This includes, but is not limited to orders suspected of fraud). Customers will be notified if K&M decides to not accept their order. Customers will have the opportunity to review their order, to read and accept the Terms and Conditions of Sale, to check the total price, the order details and the information provided, and to correct any errors entered before confirming their order.
4. Order Filling and Contract FormationOnce the order has been made on KEEP ME JEWELS, using the procedure for online orders according to the instructions made available on the website, K&M will send an order receipt confirmation email, (Order Receipt Confirmation Email), indicating the details of the Product/s ordered, to the email address provided. This email is not K&M’s formal acceptance of the order but only a confirmation of receipt. The contract between the customer and K&M will be formed only when K&M sends the customer an email confirming that the product/s has/have been shipped (Shipment Confirmation Email). K&M will not file an accessible copy of each version of these Terms and Conditions of Sale. However, K&M will send an email containing the applicable Terms and Conditions of Sale for each purchase together with the Order Receipt Confirmation Email, for future reference. Customers may cancel an order at any time prior to receiving the Shipment Confirmation Email, by contacting the K&M Customer Service Centre [link to the Contacts page] for the KEEP ME JEWELS website. Please, review our Legal Notes [link to the Legal Notes page].
5. Prices, Shipping and Handling, Charges and TaxesThe price charged for a product will be the price indicated on the information/presentation page for each product when the customer places an order. This price will be indicated on the confirmation page displayed after the order is completed and in the Order Receipt Confirmation Email. The prices of the products include VAT and any other applicable taxes. They do not include shipping and handling charges. Shipping and handling charges as well as VAT and any other applicable taxes shall be indicated separately in a review summary screen before the customer completes the order and in the Order Receipt Confirmation Email. Shipping charges are determined during checkout based on the delivery location and the schedule selected.
6. Payment:Payments must be selected during the checkout procedure, using one of the following methods: VISA, MasterCard, PayPal or bank transfer in advance. Depending on the payment method selected by the customer, payment will be made in one stage (using PayPal) or two stages (using a credit card). Credit card payments (Visa, MasterCard) require a debit authorization at checkout. Accepted credit/debit card payments are also indicated on the KEEP ME JEWELS website page footer. K&M reserves the right to cancel any customer order if it does not receive payment authorization. The value of the purchases will be debited from the customer’s credit/debit card once K&M has sent the customer the Shipment Confirmation Email. When paying by PayPal, the value of the purchase will be debited at checkout.
7. DeliveryNormally, it takes 3-5 working days for standard delivery and 1-2 working days for delivery by express courier for available items, provided payment is received before 3:00 PM on the day the order is made. In any event, delivery shall be made within 30 days of receipt of the Shipment Confirmation Email. Deliveries are made only in Italy. K&M reserves the right to substitute the courier assigned to deliver the order. If an express courier is requested, please select that delivery method when ordering. Each delivery shall be preceded by its invoice sent by email. If the customer, for no apparent reason, postpones delivery or delays the receipt of a delivery after K&M has given notice that delivery of the items ordered by the customer was attempted, or if the customer provided an incorrect delivery address leading to delivery failure, the parcel will be returned to K&M. At that point, K&M will be relieved of its obligation to deliver the items within the delivery period. Orders are filled with shipping by BRT (standard and express delivery). A signature will be required for delivery. If no one is available to sign for the delivery, the parcel will be returned to the warehouse and a delivery notice will be left, with BRT contact numbers and details, in the recipient’s mailbox. BRT will try to deliver the parcel a second time on the next working day. If the package is not delivered on the second attempt, the BRT delivery person will leave a notice with BRT contact numbers and details so that recipients may organize delivery based on their requirements. Please note that the parcel to be delivered will remain available at the BRT warehouse for 10 working days after the first delivery attempt. K&M shall not be liable for delay or non-delivery if said delay or non-delivery is caused by circumstances beyond K&M’s control, including but not limited to acts of war or terrorism, strikes, states of emergency at a national or local level, failure of transport infrastructure, power or other utility outages, earthquakes or other natural disasters, postponements or delays in delivery caused by the recipient.
8. Product AvailabilityIf the product that the customer wishes to order is no longer available, the customer will be technically prevented from carrying out the ordering process. Furthermore, in a few exceptional and unpredictable cases, a product indicated on the website as available may no longer be available after the order has been placed. If this occurs, the contract between the customer and K&M will NOT be concluded. The customer will then be notified and the product will not be included in the Shipment Confirmation Email that will be sent to the customer. If payment is made prior to confirmation that the product is not available, (e.g. PayPal), K&M will refund the sums paid by the customer as quickly as possible and in any event within thirty days of K&M's notification that the product was not available.
9. Compatibility and Product InformationAt the time of the order, the customer should verify that the products purchased are compatible with their intended use. Please, use the KEEP ME JEWELS website as a final reference when checking compatibility. If there are any discrepancies between the content of the KEEP ME JEWELS website and any other website (or any other information source), the product compatibility indicated on the KEEP ME JEWELS website at the time of purchase shall prevail. Please, note that due to the limitations of on-screen reproduction, the exact colour, size and design of the items shown on a computer display may differ from the actual product features. If the products the customer has received do not match those ordered, if a delivery is incomplete, or if the products are damaged during shipping, please, contact the K&M Customer Service Centre immediately, by email or telephone, for assistance.
10. Product OwnershipOwnership of the product and all related risks are transferred from K&M to the customer upon receipt of the product.
11. Withdrawal within the prescribed period, Returns and RefundsPolicy on exercising the right to withdraw within the prescribed time limit - For customers in Italy
Right of withdrawal - Right to withdraw. The customer has 14 (fourteen) days to withdraw from the contract with K&M for the item/s purchased on the KEEP ME JEWELS website. No explanation is required. The customer must make a clear, unambiguous statement using the Withdrawal Statement Form available on the website, sent by letter or email.
The fourteen-day period commences when the item purchased on the KEEP ME JEWELS website is received or, if a contract for delivery of more than one item is in effect, from the time the last item in that contract is received or, in the case of recurring deliveries of similar items, not before receipt of the first part of the delivery, and not before K&M has fulfilled its reporting obligations. To meet the fourteen-day deadline, transmission of the Withdrawal Statement is sufficient. The Statement must be sent to: K&M srl, via Paolo Soprani, 2 - 60022 Castelfidardo (AN), or by email to: firstname.lastname@example.org Legal consequences of withdrawal In case of valid withdrawal, with the obligations met and compensation obtained, e.g. interest, the products must be returned within 14 (fourteen) days. If, with the obligations met and the compensation obtained, e.g. benefits arising from use, the products cannot be returned, or can only be returned in part or only in a deteriorated condition, the customer will be required to compensate K&M accordingly. The customer is obligated to compensate K&M for product deterioration and compensation obtained only to the extent that the product's compensation or deterioration was caused by an act not dependent on verification of the product’s properties or function. “Verification of the product’s properties or function” means acceptance testing and assessment of the respective product’s features as would be possible and normal in a retail shop (not online). Items that can be sent as a parcel must be returned as a parcel. The costs and risks of return shipment will be borne by K&M, if the customer uses BRT, K&M's logistics partner, to manage the return. If the customer chooses to return the item using a different method, the costs and risks of shipping the return shall be borne by the customer. The obligation to reimburse the amount paid (including initial delivery costs) shall be met within 14 (fourteen) days using the same payment method used by the customer when the order was placed. For the customer, the fourteen-day period starts on the date the Withdrawal Statement is sent. For K&M, this period starts on the date the Withdrawal Statement is received. Nevertheless, the customer may only assert his or her right to a refund once K&M has received the returned item or if proof can be provided that the item was returned within the fourteen-day period. Exceptions to exercising the right to withdraw within the prescribed time limit The right of withdrawal will not be valid for custom items manufactured to the customer’s specifications or those clearly adapted to meet the customer’s personal needs.
End of the policy on exercising the right to withdraw within the prescribed time limit
Returns and Claims Policy Without prejudice to the customer’s right to withdraw from the purchase, if, for any reason, the customer is not completely satisfied with the purchase made on KEEP ME JEWELS, the customer may return any item purchased on KEEP ME JEWELS within 30 days of receipt of the article and obtain a full refund of the purchase price (excluding the initial delivery costs). If all items purchased are returned, the return shipping costs shall be borne by K&M, if the customer uses BRT, K&M's logistics partner, for the return shipping. If the customer chooses to return only part of the purchase and/or articles using a different method, the cost of shipping the return shall be borne by the customer. For the return of items purchased according to this additional right to return, the customer should contact the K&M Customer Service Centre by email or ordinary post sent to the address K&M srl, Via Paolo Soprani, 2 - 60022 Castelfidardo (An) or by telephone, and request authorization to return product using a Return Form, according to the return procedure. If the customer does not return the product, according to this additional right to return, K&M reserves the right to directly charge for the costs incurred to ensure the return is completed. K&M reserves the right to request compensation from the customer for those products returned that are damaged or have been used. Once K&M has received and approved the articles to be returned, K&M shall confirm the receipt of those products to the customer by email, and shall make reimbursement, which will also be confirmed by email. K&M shall provide for the reimbursement, as a general principle, within thirty (30) days after receiving the customer’s email, except during the Christmas Holiday and other high volume periods. If the customer wishes to return more than one product received in the same shipment, those product/s must be returned together in a single shipment, which will not be subject to shipping charges. K&M may also propose the following optional alternatives to the customer’s exercising the right to reimbursement:
- i) the customer may specifically authorize K&M to replace the original product with another product; or
- ii) The customer may specifically authorize K&M to issue a claim voucher.
12. Guarantees and Legal RightsThe customer shall be covered by a legal warranty of the articles purchased that are found to be defective. In such cases, the customer may:
- 1. Request a remedy (correction of the defect, or delivery of a defect-free item at the customer’s discretion, unless such correction or replacement is not possible or reasonably possible),
- 2. if no remedy can be requested, cancel the contract or reduce the purchase price; and
- 3. request compensation for damages.
Attaching counterfeit or other brand charms on the KEEP ME JEWELS bracelet may damage the exclusive processing system. K&M shall not be liable, under warranty or otherwise, for defects caused by such use.
13. ResponsibilitiesThese Terms and Conditions of Sale set forth all of K&M’s obligations and liability with respect to the sale of its products. In particular, K&M shall not be obligated to guarantee that the products are suitable for the user’s purposes. Nothing in these Terms and Conditions of Sale shall be construed as excluding or limiting K&M's statutory liability for death or personal injury caused intentionally by K&M or its employees fault, for damages caused intentionally by K&M or its employees’ gross negligence, nor shall it limit any essential rights or obligations inherent in the nature of the contract, insofar as the achievement of the purpose of the contract might be compromised, or any other liability which cannot be excluded or limited by law. K&M shall have no contractual, extra-contractual or other liability for loss of assets (including, but not limited to, loss of profits, revenues, contracts, expected business or savings), loss of data, loss of goodwill or reputation or loss or damage of any kind, or for claims by the customer and/or third parties, except as expressly provided for herein. This is also except for damages arising from K&M's liability for death or personal injury caused intentionally by K&M or through the fault of K&M or its employees, for damages caused intentionally by K&M or through gross negligence on the part of K&M or its employees, and except for those acts which limit the essential rights or obligations inherent in the nature of the contract, insofar as the achievement of the purpose of the contract is compromised.
14. SeverabilityIf any of the provisions of these Terms and Conditions of Sale are deemed unlawful, void or unenforceable for any reason whatsoever, such provision shall be deemed divisible from these Terms and Conditions of Sale and shall not affect the validity or enforceability of the remaining provisions. The illegal, void or unenforceable provision, which is inapplicable for any reason whatsoever, shall be replaced by a valid provision whose economic purpose shall be as close as possible to the illegal void or unenforceable provision, which is inapplicable for any reason whatsoever.
15. ContactsThe K&M Customer Service Centre [link to the Contacts page] shall aid customers with questions or claims about orders made on KEEP ME JEWELS. For orders and deliveries in ITALY:
Customers may contact K&M by email (email@example.com) or by telephone at 071.2416935 Monday through Friday 09:00 AM to 6:00 PM, except for the bank holidays in Italy listed below. The K&M Customer Service Centre will be closed on the following Italian bank holidays
- 8 December Immaculate Conception*
- 25 December (Christmas Day)
- 26 December - (Feast of St. Stephen)
- 1 January (New Year’s Day)
- 6 January - (Epiphany)
- Easter Monday
- 25 April
- 1 May
- 2 June
- 15 August
- 1 November
We are willing to seek an agreement with regard to any complaints you may have. If we are not able to reach an agreement, please, note that each party has the right to use the services provided by the [Online Dispute Resolution] ODR platform. Managed by the European Commission, the ODR platform is an online service that provides businesses and customers within the European Union with a forum for out-of-court settlement of disputes concerning online sales, thus avoiding recourse to the courts. The out-of-court dispute resolution services available on the platform are provided free of charge, notwithstanding the fact that neither party is obligated to participate in the procedure.
16. Applicable lawThese Terms and Conditions of Sale and the purchase of products by customers at K&M through KEEP ME JEWELS shall be governed by, and interpreted pursuant to Italian law.
If any dispute arises in connection with these Terms and Conditions of Sale, the customer shall always have the right to bring the matter before the court of jurisdiction of their place of residence or domicile. Last update 21 August 2014