Terms and Conditions

 

General conditions

What is this Website for

These Terms and Conditions regulate your use of the website www.kweder.net (Site). The Site is owned and operated by

Kweder Società Cooperativa (Kweder®)

whose registered office is at Via Piemonte 58, 98124 Messina (IT)

VAT Number IT03423050834

Messina Chamber of Commerce

info@kweder.net

kwedersoccoop@pec.it

We can be contacted through our Contact page, managed by our Customer Service. We use the Site to promote, sell and provide information on Kweder®’s products.

Why open an account

To access specific functionalities of the Site (for example to review your orders history), you are required to register and open a personal account (Account). You will be responsible for all the activities that occur under your Account unless your Account was demonstrably being used by a third party without your consent. You are responsible for protecting your access credentials and keeping them confidential. Kweder® shall not be liable for any loss or damage incurred by you due to your failure to comply with these obligations. Kweder® may terminate or suspend your Account, at any time and without prior notice if:

  1. Kweder® believes that you are using your Account in breach of these Terms and Conditions;
  2. Kweder® believes that a third party is using your Account without your consent;
  3. Kweder® for reasonable security or maintenance purposes. You can cancel your Account at any time by contacting Customer Service through our Contact page.

Changes to Terms ans Conditions – Governing Law

The present Terms and Conditions are regulated by the Italian law.

Kweder® reserves the right to modify the present Terms and Conditions of sale at any time.

In the event that any disagreement concerning the interpretation and enforcement of the present Terms and Conditions arises between Kweder® and the Customer, the competent court is that of the country of residence or domicile of the consumer according to paragraph 33 of the code for consumer protection.

 Online dispute resolution

Kweder® informs the consumer that the European Commission has established an online platform for alternative dispute resolutions (ODR platform). The platform is available at the following link http://ec.europa.eu/consumers/odr/.

 

Sales Conditions

Information on Products and their availability

Products information, along with Product codes and relevant prices are available on this Site.

Pictures of the Products displayed on this Website may not correspond to their actual appearance; the Client shall rely exclusively on the description of the Product and their features as mentioned in the Website.

Kweder® reserves the right at any time to limit quantities and/or type of Products available in the Website. The style, models and colours of the Products described on the Website may be changed without notice. During the purchasing process the Client will be notified if the order cannot be processed due to the unavailability of the ordered Product.

Kweder® is not liable towards the Client in case of unavailability of the Product prior to the execution of the contract.

In no case Kweder® shall be liable for errors occurred due to failure of the Client’s connection to the Website.

Prices

Products prices are listed  on the Website in Euros (€) and are inclusive of all applicable taxes and charges. Delivery costs, if any, shall be added to the price of the Products and are indicated separately on the order form.

Kweder® regularly verifies that prices of the Products displayed on the Website are correct; however, it’s not possible to guarantee the absence of errors. In the case that an error in the pricing of a Product is detected, Kweder® shall cancel the order and offer the Client the opportunity to purchase the Product at the correct price. If the error is detected after the order has been accepted, Kweder® will also offer the Client the opportunity to cancel the order.

Execution of the Contract

Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the available sizes, delivery charges, the right of withdrawal conditions and the privacy policy statement), along with these Terms and Conditions.

To purchase a Product Client must:

  1. include the selected Product in the Shopping Cart by clicking on the relevant button;
  2. fill in the relevant forms;
  3. select the payment method;
  4. accept the Terms and Conditions and;
  5. send the order proposal to Kweder® through the Website.

The order transmission by the Client entails the obligation of the latter to pay the price of the ordered Product or Products.

Without prejudice to the use of data described in the privacy policy statement, the order proposal and the Client’s data related to that order proposal may be kept by Kweder® for the period required by applicable legislation.

Any order may be refused by Kweder® (with no charge to the Client) at its discretion, including in case of:

  1. not available Products;
  2. reported, or suspected, fraudulent or illegal activities;
  3. the Client has not fulfilled his obligations deriving from a prior contract executed with Kweder®.

The contract between Kweder® and the Client is executed upon receipt by the Client of the order acceptance sent through the process set out on the Website. The acceptance (or the refusal) will be sent to the Client via e-mail at the address provided by the Client.

The risk of Product loss of or damage will pass to the Client when the Client (or a third party indicated by the Client and other than the carrier) has acquired the physical possession of the Product.

Client agrees that he will receive invoices and credit notes exclusively in electronic form.

Payment methods

Payment of the price of the Products included in the order proposal and the relevant delivery charges shall be paid by the Client by PayPal (balance or credit card) or by bank transfer.

Payments by bank transfer will be made to the following IBAN code: IT20Z0709816500000000004213. All costs and expenses (including bank charges) applied to the bank transfer to the Client by the bank, shall be at Client’s charge. Payment shall be credited to Kweder® bank account within and not later than 5 (five) working days from the date of the Order Confirmation; if not, the contract will not be executed and the order will be cancelled.

Liability for damage, proof of damage, and refundable damage

Pursuant to paragraph 114 of the Consumer Code, Kweder® shall be held responsible for damages caused by defects of the goods sold, if, within three months from the request, it fails to communicate to the damaged party the identity and address of the manufacturer or the person who supplied the item.

The above request on the part of the damaged party, has to be written and has to indicate the defective item, date and place of purchase, and has to contain an offer to view the product if it still exists.

Kweder® shall not be held responsible for consequences deriving from a defective product, if the defect is due to product conformity, to a binding legal regulation or a compulsory provision, or where the state of scientific and technical knowledge at the time in which the manufacturer released the product did not allow for it to be considered defective.

No refund shall be owed if the damaged party was aware of the defect in the item and the danger to which it might give rise, and, not withstanding, deliberately exposed him/herself to it.

In any case, the injured party has to prove the existence of a defect in the product, actual damage, and a causal link between both.

The injured party may seek compensation for damage caused by death or personal injuries, or for damage deriving from loss or deterioration of items other than the defective product, as long as they are of a kind normally intended for private or personal use, and thus mainly used by the injured party.

Pursuant to paragraph 123 of the Consumer Code, damage to things will be refundable only when in excess of the amount of 387 euro.

Legal guarantees

Kweder® is responsible for any eventual lack of conformity that becomes apparent within two years from delivery of the goods.

For the purposes of this contract agreement, the consumer goods are to be judged in conformity with the contract if, where relevant, these circumstances coexist: a) the goods are fit for the purposes for which goods of the same type are normally used; b) the goods comply with the description given by the seller and possess the qualities which the seller has provided for the consumer as a sample or model; c) the goods provide the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public claims made about their specifications by the seller, producer or representative, particularly in advertising or labelling; d) the goods are fit for any particular purposes for which the consumer requires them, and which were made known to the seller at the time of the conclusion of the contract, and which the seller has also tacitly accepted. The purchaser loses any right of claim in the event of a failure to report to the seller the lack in conformity within two months from the date in which the defect is discovered. A written complaint is not necessary if the seller has acknowledged the existence of the defect, or has concealed it. In any case, unless proved otherwise, any lack of conformity that becomes apparent within six months of delivery will be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the nature of the conformity defect. Alternatively, in the event of lack of conformity, the purchaser may request, without charge, following the conditions specified below, the repair or replacement of the purchased goods, a price reduction or the termination of the contract, unless the request is objectively impossible to satisfy and thus would be excessively expensive for Kweder® in accordance with paragraph 130, section 4 of the Consumer Code. The request must be made in writing, sent by registered letter with a return receipt or via certified e-mail to Kweder®, which will indicate its willingness to grant such a request, or the reasons for not granting it, within seven working-days from receipt of the request. In the same communication, if Kweder® has decided to accept the purchaser’s request, Kweder®  must indicate the modalities of shipment and replacement of the goods, as well as the prescribed deadline for return or replacement of the said faulty goods. If repair or replacement is impossible or excessively expensive, or Kweder® has not replaced or repaired the goods within the deadline specified in the point above, or the replacement or repair carried out previously have caused significant inconvenience to the consumer, the consumer may choose between an appropriate reduction in the price or the rescission of the contract. The consumer, in this case, has to forward the request to Kweder®, which will indicate its intention to grant such a request, or any reasons that may prevent it from doing so, within seven working days from receipt of the request. In the same communication, if Kweder® has decided to accept the purchaser’s request, Kweder® must indicate the proposed price reduction as well as the modalities for returning the defective goods. In this case, the consumer will be responsible for indicating how the refund of the amount previously paid to Kweder® should be made.

Website usage

Esclusion of liability for externals links

This Site may provide links to external Websites. Kweder® hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. Kweder® shall not be liable for the use or content of Internet sites that link to this site or which are linked from it.

Information on the Website

Kweder® Company aims of providing constantly updated information on this Site, nevertheless it is not possible to guarantee the complete absence of mistakes on the site. The site might contain typing errors, mistakes and omissions some of which may refer to the price of the product, to the product availability and/or to the details of products. We reserve the right to amend errors and mistakes even after the order has been placed; furthermore we reserve the right to amend or modify the information on the site at any time without giving prior notice.

Kweder® shall not be liable for any damages resulting from the use or inability to use of the Site, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Site.

Kweder® shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Site, including, but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

Linked Websites

This Site could contain links to external Websites. Kweder® shall not be liable for the use or the content of Websites that links to this Site or are linked into this Site. Our Privacy and Cookie policy shall not be applied to any personal data collected or processed by thirdy party Websites.

Intellectual property

All brand names, logo and product names used on this Site are trademarks or trade names Kweder® or third party trademark. You are not allowed to use or reproduce any such trademarks or logo as this may constitute an infringement of the holder’s rights.

All Website design, texts, documents, videos, music and/or other services and the selection and arrangement thereof, software and all other material on this Sito are the copyrights of Kweder® and/or its suppliers.

You are only allowed to electronically copy and to print in hard copy portions of this Site if this is necessary for the purpose of placing an order with us, or for using the Site as a shopping resource.

You are not allowed to make any other use of the information and materials on this Site, including reproduction for purposes other than the one mentioned above, modification, distribution or republishing. If you wish to use materials or information from this Site, you need our prior written approval.