Conditions of sale Koon shop online
General Terms and Conditions
(pursuant to Chapter I, Title 3, Part 3 of Legislative Decree 206/2005 and subsequent amendments and supplements)
1. Premise and effectiveness of the General Conditions
The purpose of these general terms and conditions of sale (hereinafter, “General Terms and Conditions“) is to regulate the purchase of products and services made remotely, and made available via the Internet, from the site www.koon.it (hereinafter, the “Site”) in accordance with Italian law as per Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter, “Consumer Code“).
The seller of the products and owner of the Site is: GMG SERVICE S.R.L. with registered office in Via Monte Grappa, 5, C.F. and P.I. 02250130974, REA: LI- 161794, email address: email@example.com
The consumer who accesses the Site to make purchases (hereinafter “Customer“) is required, before sending the order, to carefully read these General Conditions that have been made available to him on the Site: www.koon.it.
In the event that the person making purchases on the Site requires an invoice to be issued and/or is not a “consumer or user” as defined in Article 3, paragraph 1, letter a) of the Consumer Code, the regulations on withdrawal set out in Articles 7 and 8 of these General Terms and Conditions or, more generally, the provisions of the Consumer Code that apply only to “consumers” shall not apply.
Contracts concluded with GMG SERVICE S.R.L. through the Site are governed by these General Conditions in accordance with Italian law. The language available to conclude the contract is Italian.
2. Choosing and ordering Products
The characteristics and price of the various products for sale on the Site (hereinafter the “Product” or “Products“) are shown on the page relating to each Product.
By sending the order from the Site, which has the value of a contractual proposal, the Customer acknowledges and declares that he has read all the information provided to him during the purchase procedure and fully accepts these transcribed General Conditions and Payment Terms.
The contract stipulated between GMG SERVICE S.R.L. and the Customer shall be deemed concluded with the acceptance of the order by GMG SERVICE S.R.L. This acceptance is communicated to the Customer through an email confirmation of the order itself containing a reference to these General Conditions, the order number, shipping and billing information, the list of products ordered with their essential characteristics and the total price, including delivery costs. The Customer will check the confirmation email and, if he/she identifies any errors in the order, he/she will have 12 hours from receipt of that email to contact Customer Service.
Once the order has been received GMG SERVICE S.R.L. will check stock availability in order to process the order. In the event that one or more products are not available, GMG SERVICE S.R.L. will promptly notify the customer via email, who, within the next 12 hours, will be entitled to respond to confirm the shipment of any additional products available or cancel it. If no reply is received within this time, the order will be considered confirmed and the available products will be shipped. In this case, the entire amount relative to the missing Products will be reversed or in any case, depending on the method of payment chosen, will not be charged to the Customer.
3. Information on Products
The information and characteristics relating to the Products are available, with the relevant Product codes, on the Site.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of their characteristics and quality, but may differ in colour and size. In the event of a difference between the image and the written product sheet, the description of the product sheet will always prevail.
4. Price and shipping
· Shipping in Italy:
Shipments in Italy will be made by express courier at the rates indicated when the items are placed in the shopping cart. For orders over 99.00 Euros, shipping is free.
· Shipments abroad:
For orders over 150.00 Euros in the countries indicated in the list on the Site, shipping is free. Shipping costs apply only to orders of less than 150.00 Euros and vary according to the country of destination. Shipping costs to Switzerland are an exception to this pricing, and will vary according to the weight of the order, regardless of the amount of the same, and will be communicated to the Customer during checkout and in any case before the purchase is confirmed. When the Customer selects a destination country other than Italy, the shipping costs will be automatically updated.
5. Methods of payment and invoicing
5.1 Payment Methods
The Customer may pay the price of the Products and the relative delivery costs by Credit Card, PayPal, Bank Transfer, Prepaid Card, Credit Card.
The circuits on which it is possible to purchase on the Site are:
- Visa / Visa Electron
- Mastercard / Maestro
- American Express
To ensure maximum security, the Customer will make the payment transaction directly on the bank’s secure server.
The Site does not store the Customer’s credit card number, but thanks to the secure communication system of the reference credit institute, from the second purchase, the Customer who so wishes – by selecting the appropriate option – can proceed with the purchase without entering his data again. The bank uses the SSL protocol to encrypt the data transmitted between its server and the customer’s browser.
Once the order has been confirmed, the Customer will be redirected to the PayPal Site where he can make the payment using his account or using a card, even a prepaid one, or in any case according to the methods accepted by PayPal and in compliance with the relevant conditions.
- Bank transfer
The Customer must make the bank transfer within 3 days from the date of the order. If this does not occur, the order will be cancelled and the Products will be made available again for purchase by other Customers. The Customer who has not made the bank transfer may be contacted by the Customer Service in order to clarify whether the cause of the failure to credit is due to the Customer’s desire not to confirm the purchase or other causes.
Data for the bank transfer:
GMG SERVICE SRL
Banco BPM-Ag. Pistoia
Iban: IT 95 N 05034 13800 000000000770
Reason: the Customer must indicate in the reason for payment, the date and the order number, which can be found in the confirmation email (e.g. “Order 20/04/2021 n. 1111”).
6. Transport and delivery
The Products purchased on the Site will be delivered to the address indicated by the Customer during the purchase procedure in the “Shipping Data” field.
All purchases will be delivered by express courier (hereinafter, “Courier“) from Monday to Friday, excluding public and national holidays. GMG SERVICE S.R.L. is not responsible for delays that cannot be foreseen or attributed to it.
Once the Products have been shipped, the Customer will receive a confirmation email including a link to refer to for shipment tracking.
In any case, except in case of force majeure or unforeseeable circumstances, the ordered Products will be delivered within a period of 5 (five) working days from the day after the day GMG SERVICE S.R.L. confirmed the order to the Customer through an order confirmation email for shipments in Italy.
In any case, except in case of force majeure or unforeseeable circumstances, the ordered Products will be delivered within 7 (seven) working days starting from the day after the day GMG SERVICE S.R.L. confirmed the order to the Customer through a specific order confirmation email for shipments abroad.
The aforementioned period of working days applies to shipments abroad in the countries listed below, with the sole exception of countries for which this period may be increased depending on the different local customs clearance times.
- Active delivery services in Italy:
Alpi Express srl
The service provides 2 delivery attempts at the address indicated at the time of the order. After the second unsuccessful delivery attempt, the package will be stored free of charge for 3 working days at the Courier. During these 3 days, the Customer may contact the Courier directly to arrange delivery or to change the delivery address. From the 4th day and for 7 working days (including Saturdays), however, the package will be stored free of charge at the Courier’s local office. The Customer will receive information by email on the Courier’s location for collection. In any case, the Customer is responsible for informing the Courier of any updates or changes to the delivery procedure described above.
- Active delivery services abroad:
Shipments abroad can be made with different couriers depending on the country of destination in order to ensure the Customer the best available rate.
Maximum weight of the shipment abroad: 120 Kg
Countries in which the service is active: these are those listed in the active list on the Site, without prejudice to the right of GMG SERVICE S.R.L. to send the Products at additional costs to the Customer, costs that will be specified in the order confirmation email.
7. Right of withdrawal
Customer has the right to withdraw from the purchase contract for any reason, without explanation and without penalty, except in cases of exclusion provided for in paragraph IV below. To exercise this right, the Customer must send GMG SERVICE S.R.L. a notice within 7 days from the date of receipt of the Products. If the Customer intends to exercise the withdrawal before receiving the Products, the withdrawal notice may be sent at any time before receipt of the Products.
Such communication must be sent by registered letter with return receipt, addressed to:
c.a. Ufficio Resi e Rimborsi
GMG SERVICE S.R.L.
Via delle Badie, 24/B
The Customer Service of GMG SERVICE S.R.L., once received the communication, will open a file for the management of the return and communicate to the Customer instructions on how to return the products, which will be via courier indicated by GMG SERVICE S.R.L. itself.
The right of withdrawal is governed by the following conditions:
I. The product must be returned in a packaging condition such that it can be resold. The right applies to the purchased Product in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the right of withdrawal only on part of the purchased Product.
II. In case of exercising the right of withdrawal, GMG SERVICE S.R.L. will refund the Customer the full amount of the returned Products, excluding shipping costs where applicable, within 7 days from the date the notice of withdrawal was received, without prejudice to GMG SERVICE S.R.L. right to suspend the payment of the refund until the actual receipt of Products. The refund will be made using the same method of payment used by the Customer, unless the latter has expressly requested a different method. In case of bank transfer or cash on delivery payment, it will be the Customer’s responsibility to provide the bank details to obtain the refund (account holder, name and address of the Bank and IBAN).
III. In order to ensure that the return is free of charge in accordance with article 8 below, the Products must be returned in the same intact box in which they were received in a condition suitable for resale. Returns in such a condition that they cannot be resold over the counter cannot be accepted.
IV. In addition to the cases indicated in the Foreword (non-consumer Customer and/or requesting an invoice), the right of withdrawal is excluded in the following cases, pursuant to Article 59 of Legislative Decree 21/2014:
– order of Products made to measure or clearly customised;
– order of Products that are likely to deteriorate or expire rapidly;
– order of sealed Products that are not suitable to be returned for hygienic or health protection reasons or that have been opened after delivery.
For reasons of hygiene and Customer protection, the right of withdrawal is applicable only to products purchased on the Site that can be returned to GMG SERVICE S.R.L. and put back on the market without risk to consumers’ health.
In cases of exclusion of the right of withdrawal, GMG SERVICE S.R.L. will return the purchased Products to the Customer, charging him the shipping costs.
8. Free return in case of exercise of the right of withdrawal
As a more favourable condition for the Customer, GMG SERVICE S.R.L. will bear all shipping costs for the return of products in case of exercise of the right of withdrawal.
In order to benefit from this free shipping, the Customer who intends to exercise the right of withdrawal must follow the procedure indicated in Article 7 above and wait to be contacted by GMG SERVICE S.R.L. to agree on the return of products to the courier.
9. Warranty and conformity Defects
In case of lack of conformity of Products sold by GMG SERVICE S.R.L. the Customer must immediately contact the Customer Service.
The legal warranties provided for in Articles 129, 130 and 132 of the Consumer Code apply to the sale of Products. The Customer has the right, at his choice and provided that the type of Product allows it, to restore, without charge, the conformity of the Product by repair or replacement, or to an appropriate price reduction or termination of the contract. The Customer shall forfeit any such rights if he fails to notify GMG SERVICE S.R.L. of the lack of conformity within 7 days from the date he discovered the defect, and in any case no later than 30 days from receipt of the Product.
10. Errors and limitations of liability
The information on the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which GMG SERVICE S.R.L. cannot be held responsible, except in case of fraud or gross negligence.
GMG SERVICE S.R.L. reserves the right to correct errors, inaccuracies or omissions even after an order has been placed, or to change or update information at any time without prior notice, without prejudice to the rights of the Customer under these General Terms and Conditions and the Consumer Code.
Except in the event of fraud or gross negligence, the Customer shall not be entitled to compensation for damages or recognition of an indemnity, or any contractual or extra-contractual liability for direct or indirect damages to persons and/or things, caused by the non-acceptance or non-fulfilment, even partial, of an order.
Any complaints must be forwarded to GMG SERVICE S.R.L. using the contact email directly accessible on the Site, or by calling +39 0574 635158 (Mon-Fri 9:00-12:00, 15:00-17:00, (excluding Saturdays and holidays), or by registered mail with return receipt to the following address:
c.a. Ufficio Reclami
GMG SERVICE S.R.L.
Via delle Badie, 24/B
GMG SERVICE S.R.L. undertakes to respond to all requests received within a maximum of 7 working days.
12. Applicable law and competent court
The sales contract between the Customer and GMG SERVICE S.R.L. is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or termination of these General Terms and Conditions or individual purchase orders, if the Customer is a consumer under the Consumer Code, will be the exclusive jurisdiction of the Court of his town of residence or domicile if located in the Italian territory; in all other cases, the territorial jurisdiction is exclusively that of the Court of Prato, any other jurisdiction excluded.
Pursuant to Article 1341 of the Italian Civil Code, the Customer declares to have read and specifically accepted the following articles of these General Terms and Conditions: 6 (responsibility for delays in delivery), 10 (right to correct errors – exclusions of responsibility).