General Sales Conditions Zac4Kids

  1. Object
    1. The following terms and sales conditions (hereinafter referred to as “Sales Conditions”) apply to all order placed by the customer (hereinafter referred to as “Products” or singular “Product”) on the web-site www.zac4kids.it ((hereinafter referred to as “Site”) owned by of Zac 4 Kids of Giulia Garolla of Bard headquartered in Florence 50127, Via Panciatichi 10/14, VAT 06699760481 ((hereinafter referred to as “Zac 4 Kids”) C.F. GRLGLI83E48F205B.
  2. Parties
    1. The Site is dedicated to the Products’ retail and it is exclusively reserved to the final Customers that purchase the Products for personal purposes and not referable to a commercial nor artisanal or professional activity (below “Customers” or “Customer”).
    2. The Products on the Site are sold by Zac 4 Kids owned by Giulia Garolla di Bard headquartered in Florence 50127, Via Panciatichi 10/14, VAT 06699760481 (below “Zac 4 Kids”) C.F. GRLGLI83E48F205B.
    3. Each Product purchase is ruled by the Sales Conditions in the latest version that will be published on the Site in the moment of the Order submission by the Customer. Purchasing the Products on the Site, the Customer declares to accept, and fully accepts, the Sales Conditions in their latest version at the date of the order submission. If the Customer does not accept the Sales Conditions is invited not to purchase any product on the Site.
    4. Only natural persons 18 years or older, who are not under guardianship, can place an order. Placing an order, the Customer declares to be 18 years old and to have the legal ability to act. Nevertheless, Zac 4 Kids has the right not to accept placed orders from minors.
    5. If the user, interested in a purchase, is not a Customer is invited not to use the Site. In case of purchase on behalf of a company (professional, commercial or artisanal) we recommend the users to contact us at the following address info@zac4kids.it.
    6. Zac 4 Kids has the right not to accept purchase orders from users different from a Customer.
    7. Zac 4 Kids has the right not to accept purchase orders which are not in line with the Sales Conditions.
    8. The Vendor has the right to modify and/or update the Sales Conditions in any moment, at his own discretion, also consequently to modification of laws and/or applicable rules, without any notice obligation to the Site users.
    9. For any communication connected to the purchases made on www.zac4kids.it – including complaints and information regarding the right to withdraw, ecc – the Customer can send us an e-mail to the following address: info@zac4kids.it
  3. Products and their availability in different geographical areas
    1. The Products in the Site have all the characteristics and quality described in the Site, the images and/or the graphic representation of the Products are just illustrative, and they might not be exactly as the reality, due to instruments and/or digital equipment of the Customer, such as the monitor or browser. The Customer take knowledge that Zac 4 Kids cannot be responsible for that missed correspondence and he exonerates it from any connected responsibility.
    2. The inclusion of ant products on the Site at a particular time does not imply or warrant that these products will be available at any time. Zac 4 Kids reserves the right to discontinue any product at any time without prior notice. Such modifications are effective only for the orders which are not confirmed at the date of the modification. Nevertheless, the Customer is invited to verify the Products’ availability such as the final selling price.
    3. The Products on the Site are exclusively purchasable by the Customers that ask for delivery in one if the countries indicated on the Site as destination countries.
  4. Product selection. Order recap and purchase.
    1. The Products can be purchased by the Customer through the selection and their addiction into the shopping bag. After the products’ selection and once they are added to the shopping bag, the Customer shall click on “Proceed” and he will be addressed to the Virtual payment area where he can fill the order form by providing his biographical and shipment data.
    2. In order to purchase the products, the Customer does not need to register himself on the site. Nevertheless, if he wants to speed up the subsequent purchases, he can register for free by filling the order form and by selecting the box named “create your account”. During the creation of the personal account the Customer shall indicate an own personal password that won’t be known by Zac 4 Kids. At the end of the creation of the personal account the Customer will receive on his mail address a confirmation of his registration on the Site. For the subsequent purchases, the Customer will be able to access to his personal account by entering his name and password without the need to re-enter his biographical and shipping data. By the access to the page “my account” the Customer can, in any moment, modify his personal and shipping data, change his password or erase his account. Also, in the page “my account” al orders done will be archived.
    3. Regardless the creation of a personal account, the Customer – in order to place and order – will be asked to fill the order form with his personal and shipment data.
    4. The Customer will be required to indicate the Country of consignment, the shipment modality and the way of payment.
    5. Once the Customer has filled the order form, he will visualize his order with the indication of the due amount and shipment fees.
    6. If the order summery is incorrect the Customer can amend it going back to the shopping bag and updating it.
    7. Once the Customer has checked the accuracy of the data, he can transmit his order to the Seller after the express approval of this Sales Conditions and Privacy Policy.
    8. In order to confirm and transmit the order, the Customer has to click the button “Proceed to the payment” and he will be addressed to the PayPal platform to proceed with the payment and then the order will be transmitted to the Seller.
    9. The Products’ presentation on the Site does not bind the Seller to the sale and it represent only an invitation to the Customer to submit a buyout proposal, not a Public Offer.
    10. By using Zac4Kids.com and/or placing an order, the Customer agrees to be bound to the present sales conditions. Therefore, the Customer is invited to make sure to have read and understood the sales conditions before placing the order and also to be aware of his/her right of withdraw, to stamp a copy of it and/or to save it on his personal device.
    11. Once the Customer placed his order, if he has supplied to the Seller his mail address, he will receive an email confirmation and the order is accepted by the Seller. The order confirmation mail will also contain a link to the Sales Conditions of the contract and all the needed information regarding the Product, the price, the means of payment, the right of withdraw, the shipment costs.
    12. he order confirmation and the Sales Conditions will be archived in a Seller’s electronical data base and the Customer can ask for a copy of it by sending a request to inf@zac4kids.it. The Customers who have created a personal account can consult and download their orders through the page “my account”.
    13. Each purchase contract bond the parties when the Customer receive the order confirmation from the Seller.
  5. Goods’ delivery and acceptance
    1. The Site indicates the Products’ availability and the delivery date; nevertheless, those information have note to be considered binding for the Seller.
    2. The Seller endeavours to dispatch orders in the fastest possible time and in the order in which they are placed and anyway never within more than 30 days starting from the day after the order confirmation. The Seller can, in the same frame of time, communicate to the Customer the impossibility to dispatch the order due to Product’s unavailability.
    3. The products’ dispatch will be made in accordance with the selected delivery option.
    4. If the items are defective, the Customer is invited to notify the Seller promptly and return the items in accordance with section 8 below. Failing the said notification, the items are intended as accepted.
    5. If the package is damaged, the Customer is invited to refuse the delivery from the forwarder or to accept the delivery in a provisional way.
  6. Prices, shipment costs, taxes
    1. The prices displayed at the Site include the statutory Value Added Tax but do not include a delivery charge. The cost of each delivery method is clearly indicated during the check-out process and the Customer commit to pay them in addition to the products’ price.
    2. The purchased are subjected to the art.1 cc.54-89 L.190/2014 as modified by art. 1 cc.111-113 L.208/2015.
    3. The Customer will have to pay the total price as indicated in the order.
    4. Any additional cost, tax or burden applied by a different Country is at Customer’s expense.
    5. The Customer declares that the unknowledge of the costs, taxes or burdens, at the moment of the place of the order, cannot constitute the agreement’s termination and the said costs cannot be charged to the Seller.
    6. The Customer accept that if he refuses the Products or in case of impossibility of the delivery for causes attributable to the Customer (for example wrong address and/or wrong telephone number; repeated absence of the recipient, ecc.), the Seller can retain the Products and charge the Customer an amount for the delivery expenses.
    7. The Customer accept that the Products’ price is subjected to variation and updates without notice; he must verify the final price before placing the order. If the price is clearly below the normal price, the Customer is invited to write to: info@zac4kids.it.
  7. Payments
    1. The payment can be done only through PayPal. The Seller can accept different payment methods, by indicating them on the Payment section of the Site.
    2. The Customer accepts that the contract execution by the Seller will start once the amount will be accredited on the Seller’s bank account.
    3. Il Venditore invierà al Consumatore la ricevuta fiscale relativa all’acquisto dei Prodotti in formato cartaceo inserendola nel pacco contenente i Prodotti acquistati.
  8. Legal guarantee of conformity of the Seller, signal of conformity defects and guarantees
    1. Within the meaning and for the purposes stated by the European Law 44/99/CE and by the Italian D.Lgs. n. 206/2005 (hereinafter referred to as “Customer Code”), the Seller guarantees that the Products have any material or design defect and that they are as described in the Site for a period of 2 (two) years from their delivery to the Customer. The Seller is not responsible for any use, wash or dry of the Product that is not in accordance to what is written on the hangtags and labels.
    2. If the item received by the Customer is defective, he must notify it to the Seller within the limitation period of 2 (two) months since the defect’s discovery by sending a communication to the following address: info@zac4kids.it with the defect’s description and with at least 1 (one) picture of it and a proof of purchase.
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    3. After the Seller has received the return communication with the described documentation, he will examine the item and verify its actual non-conformity. After all the quality controls, the Seller will decide if he will authorize the Products’ return with a communication to the Customer through given mail. The authorization to return the Products will not constitute the admittance of the defects. The Products will be returned to the Seller by the Customer together with the copy of the return authorization within 30 (thirty) days since the defect notification.
    4. In the product is defective, the Customer will have the right to the product’s reparation or its replacement or, else, to other alternative remedies as stated by art. 130 of the Customer Code.
    5. In case the Seller deems the products to be defective, he will provide a full refund including delivery charges, and the refund will be paid using the same means of payment that has been originally used to pay for the purchase (if possible) or with bank transfer. It’s a Customer burden to fill the return form with his/her banking information so that the Seller can return the due amount.
  9. Product liability.
    1. In case of damages caused by products’ defects, will find application the European Law 85/374/CEE and the Customer Code. The Seller, in his quality of Products’ distributor – through the e-commerce section – is exonerate by any liability by indicating the identity and address of the producer (if those information are requested by the Customer).
  10. Withdrawal of order
    1. The Customer, subject to the exceptions of art. 59 of the Customer Code, has the right to withdraw from his/her order within 14 (fourteen) day without giving any reason. The withdraw period is counted from the day of the delivery of the last item(s) in the order.
    2. The easiest way to meet the withdrawal deadline, is to send an e-mail to info@zac4kids.it with the explicit decision to withdraw before the withdrawal period (set forth in section 10.1. above), or by filling in and submitting by mail to info@zac4kids.it or to Zac 4 Kids Via Panciatichi, 10/14 – 50127 Florence, the standard form as set out in the Site.
    3. The Customer will receive an e-mail with the confirmation of the withdrawal together with a goods return note with the instruction to return the Product/s. The Customer must return the item without any undue delay, and in any event within a maximum period of 14 calendar days from the withdrawal confirmation to Zac 4 Kids Via Panciatichi, 10/14 – 50127 Florence.
    4. If the Customer already received the Product/s, he must return it without any undue delay, and in any event within a maximum period of 14 calendar days from the withdrawal decision. The risks and expenses related to the shipment are on Customer charge.
    5. As an effect of the withdrawal, the Customer will be refunded of all payments done, including the costs of standard, without undue delay and in any event not later than 14 days from the day on which Zac4Kids is informed of the decision to withdraw. The refund will be done with the same means of payment used by the Customer to pay for his order and this will not cause any extra fees (except the case of the Customer asking for a different mean of payment: in this case the additional fees will be at the Customer’s expenses). The refund can be suspended till the Seller will receive the products back or till the proof of shipment given by the Customer.
    6. The Customer is liable for any diminished value of the items resulting from his handling, other than that which is necessary to establish the nature, characteristics and functioning of the items. Therefore, if the items return damaged or incomplete, the Customer will be refunded of the residual value of the Product.
  11. Intellectual property right
    1. The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. Customer is allowed to use this material only as expressly authorised by us or our licensors. This does not prevent the Customer using this website to the extent necessary to make a copy of any order or Contract details.
  12. Customer data and privacy protection
    1. To proceed with the order placement, the Site asks for some Customer ’s personal data. Those data will be treated by the Seller in full compliance with the regulations of D.Lgs. n. 196/2003 and its modifications (“Codice Privacy”).
    2. The Customer declares and guarantees that the data he provides to the Seller during the registration process are truthful and correct and that he will be liable of any false and/or incorrect data that might be used by the Seller concerning third parties without their consensus.
    3. For any further information please consult the Privacy Policy section on the Site.
  13. Applicable law, attempt at conciliation and competent court.
    1. The use of our website and the Contracts for the purchase of items through such website will be governed and interpreted by the Italian Law and, in particular, by the “Customer Code” with specific reference to the D.lgs. 9.4.2003 n. 70 concerning the electronical commerce. There will be applied to the Customer non-derogable rights existing in his Country of residence.
    2. In case of any dispute, the Seller guarantees the attempt at conciliation that each Customer can initiate at “RisolviOnline” which is an independent and institutional service provided by the Arbitral Chamber of Milan and that allows to reach an agreement with the help of a neutral con competent conciliator. For further information or to send a conciliation request please visit www.risolvionline.com.
    3. Alternatively to the attempt at conciliation, the Customer can also apply to the European Online Dispute Resolution which is handled by the European Commission in observance to the Directive 2013/11/EU and the Regulation UE n. 524/2013. This platform help to find an agreement in case of disputes concerning online contracts between parties resident in Europe through the intervention of an organism ADR (alternative dispute resolution) selectable from a list. For further information or to send a conciliation request please visit http://ec.europa.eu/odr.  The Seller’s mail address to provide is: info@za4kids.it.
    4. In case of failure of the attempt of conciliation in accordance with section 13.2. and 13.3., the dispute will be handled exclusively by the Court of the Country of residence/domicile of the Customer if his is resident/domiciled in Italy, or, else, by the Court of Florence (Italy).
  14. Languages and conditions

The present Sales Conditions are published on the Site in Italian and in English. In case of discrepancy between said versions, the Customer accepts that the Italian one will prevail.

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