ERMS AND CONDITIONS OF USE

 

1. SUMMARY

 

These terms and conditions of use concern the access and use of the website www.shop.k-time.it Through the Site, as well as the purchase of products offered by the Company Comprof Milano S.r.l through the Site.

The User - as defined below - must carefully examine this page while browsing this Site and before completing the remote purchase procedure of each product. Therefore, the purchase of products offered by Comprof Milano S.r.l implies full knowledge and consequent acceptance of these terms and conditions of use, which are an integral part of each sales contract (hereinafter "Terms of Use" and/or "Terms" and/or "Terms of Service").

Any

We reserve the right to update, change, or replace, in compliance with current regulations, any part of these Terms of Use. Any changes will be effective from the date of publication on this page. Therefore, the purchase of products/services following the publication of any changes constitutes full acceptance of them.

 

2. DEFINITIONS

 

To allow for a complete understanding and acceptance of these Terms of Use, the following terms, in singular and plural form, shall have the meanings as indicated below:

• Owner and/or BuyerComprof Milano S.r.l, with registered office in Naples, Piazza Santa Maria Degli Angeli a Pizzofalcone, Tax Code/VAT number IT07479001211, registered with the Naples Chamber of Commerce, REA number: NA 887045, registration number in the Companies Register 07479001211 and share capital of €100,000.00 [throughout the Site, the terms "we", "us" and "our" refer to Comprof];
• Website:the websiteshop.k-time.itan ecommerce platform that allows the sale of products;
• Products:The cosmetic products and beauty accessories offered by the Owner and purchasable by users through the Site;
• Services:Services provided through the Site by Comprof;
• User:any subject accessing and using the Site;
• Consumer UserThe adult individual who enters into a contract for purposes unrelated to their entrepreneurial, commercial, artisanal, or professional activity, as defined by art. 3 of Legislative Decree no. 206 of September 6, 2005 (so-called "Consumer Code");
• Professional User:The natural or legal person acting in the exercise of their entrepreneurial, commercial, artisanal or professional activity, or their intermediary, as defined by art. 3 of the Consumer Code;
• Contents:Any textual or multimedia element present on the Site - such as advertisements, listings, reviews, images, design, graphics, sounds, music, videos etc. - including trademarks, logos, intangible assets and/or industrial property rights of which Comprof is the owner;
• Shopify inc.:Shopify International Limited, a private limited company incorporated in Ireland with registration number 560279, registered office at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, and VAT number IE 3347697KH;
• Terms of Sale:General conditions governing the methods and terms through which Comprof markets the Products through the Site and regulate the purchase of the Products themselves through telematic methods.

  

3. SALES TERMS

 

• Preamble

The present Sales Conditions are drawn up and prepared in compliance with the provisions of the law on electronic commerce, and in particular with Legislative Decree 9 April 2003, no. 70. With reference to contracts entered into with Consumer Users, they will benefit from the protections provided in the event of distance contracts in accordance with Part III, Title III, Chapter I, Section II, of Legislative Decree 6 September 2005, no. 206 (Consumer Code), as well as all the additional guarantees irrevocably provided, in favor of consumers, by the Consumer Code and any other applicable law. These Sales Conditions have a general scope; they constitute an integral and essential part of the purchase contract of any Product and the submission of a purchase order implies its full reading and acceptance by the User.

 

Individual purchases are only allowed if Users are of legal age. For minors, every purchase and/or request for Products through the Site must be reviewed and authorized by parents or those exercising parental responsibility. Therefore, by accepting these Sales Conditions, the User declares to be of legal age in their State or province of residence and/or to have given consent for any minor under their parental responsibility to use this Site.

 

All Products and/or Services offered through the Site are described in detail on their respective pages within the Site. The User is kindly requested to carefully read the description of each Product and, at the time of purchase, check anycheckboxUpon viewing on the spot. Some errors, inaccuracies, or small differences may emerge between what is published on the Site and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.

 

The online e-commerce platform that allows us to sell our products was created by Shopify Inc.

  

• How to purchase Products on the Website

To make a purchase of a Product on this Site, it is not necessary to register an account. However, access to some sections of the Site may require the creation of a personal online account.

 

The products subject to these Sales Conditions are described, pursuant to art. 6 Legislative Decree no. 206/2005, on the Website. The presentation of the Products on the Website is aimed at Users so that they make a purchase proposal to the Owner; this presentation is not a binding public offer under art. 1336 of the Italian Civil Code, and the Owner retains full discretion to decide on the acceptance of the proposals made.

To proceed with the purchase, the User can select one or more Products by adding them to a virtual "cart" (by clicking on the "add to cart" icon), where they can always view the contents in the appropriate section, with specific indication of the total price and quantity, before proceeding to submit the purchase order. The total amount indicated represents the total cost of the products in the "cart", including VAT, and excluding shipping costs.

At any time before submitting the order, the User can, by returning to the "cart", exclude the Products previously selected by clicking on the "trash can" next to them or add more.

Once the Products you wish to purchase have been selected and added to the cart, the User can proceed with the purchase by following the instructions provided and filling in the mandatory fields.

In any case, to proceed with the order, the User is required to declare, by checking the box provided, their acceptance of these Terms as well as having read the Privacy Policy.

In addition, the User must also declare, by checking the box provided, that they have taken note of the Description and Details of the Product as well as, where indicated, the possible "professional" nature of the specific Product. Once this phase is completed, the User can choose the payment method from those indicated.

If the billing address is different from the shipping address, you need to uncheck the flag "Shipping and billing addresses are the same" and enter the delivery details.

By clicking on the "Pay now" button at the end of the checkout process, the User will proceed to submit the order. Each order submitted in this way must be considered, for all intents and purposes, as a contractual proposal by the User. Submitting the order implies the obligation to make the payment.

Upon forwarding the order by the User, an email will follow (sent to the email account indicated by the User) in which the Owner communicates the receipt of the purchase proposal. This email, which contains the summary of the order placed, constitutes acceptance of the contractual proposal.

The User will receive a second email at the time of shipment containing the courier's link for tracking the package related to the purchased Product.

The contract will be considered concluded - and therefore the order accepted - at the moment when the User is notified of the acceptance of their purchase proposal by the Owner and therefore upon receipt of the confirmation email and acceptance of the order.

The Owner will have the right to accept or reject the orders received, and in case of non-acceptance, the User cannot claim any rights or demands, except for the immediate refund of the amounts paid.

If payment is not made at the time of purchase, if payment for the Products is not made within the specified period (5 working days from the order confirmation), the sales contract shall be deemed terminated and without effect.

The Owner reserves the right to refuse orders from: (i) a User with whom it has or has had a legal dispute; (ii) a User who has been involved in any type of fraud, particularly fraud related to credit card payments; (iii) a User who has provided identifying data that proves to be false, incomplete, or inaccurate; (iv) Users on the Black List.

 

• Price and shipping costs

Prices of the Products published in the various sections of the site include VAT and do not include any taxes, duties, and applicable taxes in the destination country of the Products, if different from Italy, which will be borne by the User.

All prices, shipping costs, and any additional charges, if applicable, are indicated in the purchasing process and clearly specified in the summary sheet "Order Summary", as well as in the subsequent email confirming the receipt and acceptance of the order.

The Owner reserves the right to modify the prices of the Products listed on the Site at any time; however, any changes to the prices will not be effective against Users who have already placed an order.

 

• Payment Methods

For each order, the User will pay in full the price of the ordered Products - detailed with a distinction between price, VAT, and shipping or additional charges - by choosing the payment method within the purchase procedure, specifically in the "Payment Method" section. It is understood that, in case of non-acceptance of the order by the Owner, the latter will promptly refund to Users any amounts already paid.

Payment can be made through:

• Through accepted credit cards (Visa, MasterCard, Maestro, AMEX) via the Shopify Payments system. For more information on the service:https://it.shopify.com/legal/terms-payments-it
• Through the secure system "Paypal". Paypal is another absolutely secure online payment method that will allow you to make the payment for your order by accessing your account directly. The data related to your account and your credit card will be managed directly by Paypal, which will simply provide us with a communication via email after the payment has been made.Shipping and Delivery Free shipping on all orders over €50 Delivery times may vary, but most orders are processed within 1-2 business days. Returns Returns are accepted within 30 days of delivery for a full refund or exchange.For more information about the service:https://www.paypal.com/it/webapps/mpp/ua/legalhub-full
• Through Klarna AB (publ.) ("Klarna"), you have the option to pay for the total purchase amount in installments. Klarna is an alternative payment method that allows you to split the purchase amount into interest-free installments. For further detailed information on payments, please refer to the following section on Klarna's website.https://www.klarna.com/en/legal/

The User will be required to indicate, exclusively among those proposed, the payment method he intends to use.

If the buyer is a Professional User, they must share their email address with the Owneradministration@comprofmilano.it- their data in order to allow the Owner to issue the corresponding invoice in compliance with the obligations provided by law.

The invoice can be requested - at the discretion of the User Consumer only - within 24 hours from the order submission by downloading, filling in with their data and in all its parts themodule you will find hereand sending it to the email addressadministration@comprofmilano.itThe invoice will be sent to the Consumer User at the provided email address. In case of failure to request the invoice within 24 hours, the Owner will no longer be able to issue the invoice. It is understood that in case of incorrect data sent by the Consumer, the Owner cannot be held responsible for the failure to issue the invoice.

Any refund to the User (even in case of non-execution of the order due to the unavailability, even temporary, of the requested Product), will be credited using the same payment method used by the User for the payment, unless it has been expressly agreed otherwise with the User and provided that the User does not incur any costs as a result of the refund.

 

• Delivery times and methods of the Products

The Owner will deliver the selected and ordered Products with the chosen shipping methods in the purchase order, to the address provided by the User.

Products will be delivered no later than thirty days from the date of conclusion of the contract, unless otherwise agreed by the parties in the confirmation email and acceptance of the order.

Delivery is subject to the User's payment of the price of the Products and Services related to the shipment.

Upon delivery of the Products, the User is required to check that the packaging of the products is intact, undamaged, and unaltered. Once the courier's transport document is signed, the User will no longer be able to raise any objections regarding the quantity and packaging of the received items. The User may sign the transport document "with reservation" if the package is damaged or if there is a discrepancy between the number of packages indicated in the waybill and the actual delivery.

Comprof Milano srl delivers, at the moment,In Italy and in the following countries of the European Union(Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Latvia, Luxembourg, Malta, Netherlands, Romania, Slovakia, Slovenia, Spain, Sweden, Hungary)

To obtain more information about the courier used for shipments, please contact the Owner at the addressshop@k-time.itTranslate the text from Italian to English

 

• Rates, Shipping Times and Delays

The shipping cost may vary if the weight of the items exceeds a certain threshold. Any questions regarding rates and shipping times can be sent by the User to the following address: shop@k-time.it

 

1. The calculation of the package weight takes into account the individual Products that make up the order and the packaging. For shipments to the islands, shipping times may be delayed by 1-2 working days.translate .

 

Orders are normally processed and handed over to the courier on the next business day after the order confirmation is sent by the Owner. Saturday and Sunday will not be considered as business days, so orders sent on these two days will be considered sent on the next business day.

Delivery times to the User start from the moment the Owner sends the email confirming the shipment of the products to the User.

If the delivery has not been made after the working days indicated above from the order confirmation, the User must inform the Owner at the addressshop@k-time.itA claim will be opened with the courier in order to find out the reason for the delay. Delivery estimates are indicative and may vary.

 

Translate from Italian to English(Delays)

If the delivery is delayed by more than14 (fourteen) business daysUser will have the possibility to cancel their order, within a maximum term of30 (thirty) working daysstarting from the date of receipt of the order confirmation email, by sending an email toshop@k-time.it 

Only in the event that the delay in delivery beyond 14 days is solely attributable to the Owner, the User shall be entitled, in addition to the cancellation of the order as provided above, to the refund of any shipping costs incurred, provided that the entire order is returned by the User to the Owner. The refund of the expenses will be made in the forms indicated in the following section 3.9 ("Refund following successful withdrawal”within 14 (fourteen) days working daysfrom the date of receipt of the Product by the Owner.

In case the delay is not attributable to the Owner or the carrier, the User cannot claim either a refund of the amounts paid by him, or a new shipment of the ordered Products.

In case the order is not returned in its integrity and completeness, the User cannot claim either a refund of the amounts paid by him, or a new shipment of the ordered Products.

 

Italy

Standard shipping cost*: €4.90 Free startingFrom: €49 packages up to 3 kg   Shipping costs (not standard) 5.70€: packages from 3 kg to 5 kg 6.50 €: packages from 5 kg to 10 kg   Shipping times: 1-4 working days

 

Venice

Standard shipping cost*: €12.50 Free starting: From: €49 Shipping times: 3-5 working days

 

Sardinia:

Standard shipping cost*: €5.20 Free startingFrom: €49 *shipments up to 3 kg   Shipping costs (not standard) 7.10 €: shipments with weight from 3 kg to 5 kg 8.40 €: shipments with weight from 5 kg to 10 kg   Shipping times: 3-5 working days

 

Austria, Belgium, Denmark, France, Germany Luxembourg, Netherlands, Slovenia, Spain, Hungary

Standard shipping cost*: €7.90 Free starting: From: €69 shipping with weight up to 3 kg   Shipping costs (not standard) €11: shipments with weight from 3 kg to 5 kg 11.50 €: shipments with weight from 5 kg to 10 kg   Shipping times: 3-5 working days

 

Bulgaria, Czech Republic, Cyprus, Croatia, Finland, Greece, Ireland, Latvia, Malta, Romania, Slovakia, Sweden

Standard shipping cost*: €10.50 Free starting: From: €69 Shipments with weight up to 3 kg   Shipping costs (not standard) €13.65: shipments with weight from 3 kg to 5 kg €14.70: shipments with weight from 5 kg to 10 kg   Shipping times: 3-5 working days

 

The Owner shall not be liable for any failure or delay in delivery due to force majeure events, such as – by way of example strikes, measures by Public Authorities, rationing or shortage of energy or raw materials, transportation difficulties, fires, floods, inundations, and damage to industrial machinery. If the force majeure event persists for a period exceeding 30 (thirty) days, each party shall have the right to terminate the contract. In case of termination, the User shall not be entitled to any compensation or reimbursement for any reason, without prejudice to the right to the refund of any amount already paid as the price for the Product.

The Owner shall not be liable for any extension of delivery times due to the carrier's actions, especially in cases of Product loss, adverse weather conditions, or strikes.

 

• Error in shipping the Product by the Owner

In case of an error in the shipment by the Owner and you receive a Product different from the one ordered, please contact us and it will be our responsibility to collect the Product or provide the necessary instructions for its return and send the correct one, without charging additional shipping costs.

In case of shipping error, it is possible to request an exchange or refund within 14 days from the date of receiving the Product.

The User can request a free exchange with the desired Product or another of equal value.

The user will need to make a written request by email to the addressshop@k-time.itPrepare the product to be returned with intact and well-packaged packaging and indicate the location for the collection of the products to be returned.

The refund will be processed within 14 days from the receipt of the Product, if the User chooses a refund.

 

• Limitations of liability

The Owner cannot be held responsible towards Users for malfunctions or disruptions connected to the use of the internet network beyond their control.

In case of a contract concluded with a consumer User, the risk of loss or damage to the Products, for reasons not attributable to the Owner, is transferred to the consumer only at the moment when the latter physically takes possession of the Products.

• Right of withdrawal

 

Shop now(Deadline for exercising the right of withdrawal)

The User who, for any reason, is not satisfied with the purchased Product, has the right to withdraw without any penalty and without specifying the reason.within 14 days from the date of receiving the Product,by sending a written communication to the email address shop@k-time.it Send by registered mail with return receipt to the following address Cis di Nola Isola 8, lotto 8024, 80035, Nola (Na) using: (i) the optional withdrawal form [**] in the next section or (ii) any other written statement.

Upon communication of withdrawal via email, the Owner will promptly send the User a confirmation of receipt of the withdrawal exercised.

In any case, the User's communication must contain: a) the precise indication of the Products for which the Consumer wants to exercise the right of withdrawal; b) the order number in question.

In the case of separate delivery of multiple Products, ordered by the User with a single order, the 14-day period for exercising the right of withdrawal starts from the day the last Product is received.

 

Shop now(Return obligation and methods of returning Products in case of exercising the right of withdrawal)

In case of withdrawal, the User must return the Product to the Owner, without undue delay and in any case within 14 days from the date on which he communicated his decision to withdraw from the contract.

The User must send the Products intact, in perfect resale condition (not damaged, spoiled, or soiled), unopened or used, and without any visible signs of use (i.e. they must not show any trace of use in their original packaging), complete with accessories and any manuals, without any missing parts, to the following address: Accademia Comprof, Cis di Nola Isola 8, lotto 8024, 80035, Nola (Na).

 

Shop now(Exclusions from the right of withdrawal)

The right of withdrawal does not apply:

• Sealed goods that are not suitable for return for hygiene reasons (such as opened cosmetics and other products that come into contact with the skin) or are connected to health protection and have been opened after delivery;
• Damaged or used products, even if only partially;
• in the absence of the original packaging;
• in the absence of integral product elements (accessories, instruction manuals, etc);
• for custom-made or clearly personalized goods,
• Products that, by their nature, are not suitable for return or are subject to the risk of rapid deterioration or alteration, such as, for example, already opened cosmetic products.

 

In case the Owner should ascertain that the Product returned by the User following the withdrawal falls within one of the hypotheses described above, the Owner will return the specific Product to the User, charging the User for all shipping costs.

In any case, the User is responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the Products.

 

Shop now(Refund following successful withdrawal)

The Owner, once the conditions and prerequisites described in the previous paragraphs of section 3.9 necessary to correctly exercise the right of withdrawal have been verified, will refund the payments received from the User, using the same payment methods used by the User for the initial transaction, without undue delay and in any case within 14 days from the day on which the Consumer User has communicated the intention to withdraw from the contract.

The User will only bear the direct cost of returning the Product, unless the Owner has stated otherwise.

The Owner is not required to refund delivery costs if the User has expressly chosen a type of delivery different from the least expensive type of delivery offered by the Owner.

The Owner, unless he has offered to collect the Product himself, may withhold the refund until he has received the Product or until the User has proven to have returned it.

 

If the methods, conditions, and terms for exercising the right of withdrawal are not respected, as specified in this section, the User will not be entitled to a refund of the amounts already paid. In this case, the User may, if requested, at his own expense, re-obtain the Product in the condition in which it was returned to the Owner. In this case, shipping and transportation costs are borne by the User.

 

Shop nowOptional module to exercise the right of withdrawal [**]

As better specified in paragraph 3.9, sec. "Terms within which to exercise the right of withdrawalUsers have the right to withdraw within the terms and conditionsaboveSpecify by sending a written communication to the email address shop@k-time.it or by registered mail with return receipt to the following address Accademia Comprof, Cis di Nola Isola 8, lotto 8024, 80035, Nola (Na)  indicating all the data listed below:

Order number: Ordered on: Received on: First and Last Name:  Address: Email: Date:

 

• Product conformity guarantee

Purchases made by Consumer Users are subject to the legal provisions on warranty as set forth in this paragraph, including, if applicable, the provisions of the Consumer Code.

The Seller is obliged to deliver the Products in accordance with the sales contract according to the parameters provided for in Article 129, paragraph 2 of the Consumer Code.

Products are presumed to conform to the contract if, where relevant, the following circumstances coexist: (i) they are suitable for the use for which goods of the same type are usually intended; (ii) they conform to the description given by the Owner and possess the qualities of the goods that the seller has presented to the Consumer User as a sample or model; (iii) they have the usual quality and performance of goods of the same type, which the Consumer User can reasonably expect, taking into account the nature of the Product and, if applicable, the public statements about the specific characteristics of the Products made by the Owner, the manufacturer or its agent or representative, particularly in advertising or labeling; (iv) they are also suitable for the particular use intended by the Consumer User and of which the Owner was informed at the time of the conclusion of the contract and which the Owner has also accepted by conclusive conduct.

Therefore, any faults or malfunctions caused by accidental events or by the responsibility of the Consumer User or by a use of the Product not in accordance with its intended use and/or as provided in the attached technical documentation are excluded from the scope of the conformity warranty.

The lack of conformity that occurs within 24 months from the delivery date of the Product must be reported by the consumer User within 2 months from the date of discovery of the defect to the following address:shop@k-time.itAny report of a non-conformity defect of the Product must be submitted together with proof of purchase of the Product from the Owner (tax document or payment receipt)

Unless proven otherwise, it is presumed that non-conformities that occur within 6 months from the delivery of the Product already existed at that date, unless this assumption is incompatible with the nature of the Product or the nature of the non-conformity. After 6 months, the Consumer User will have to provide evidence that the damage was not caused by a misuse of the Product's conformity, at no cost.

The Consumer User can choose between repairing the Product or replacing it.

The right to choose cannot be exercised if the requested remedy is objectively impossible or excessively burdensome. In addition, the Consumer User is entitled to an adequate price reduction or to the resolution of the contract, only if one of the following situations occurs: i) repair and replacement are impossible or excessively burdensome; ii) the Owner has not carried out the repair or replacement within a reasonable period; iii) the replacement or repair has caused significant inconvenience to the Consumer User.

If the Consumer User intends to avail themselves of the remedies provided by the warranty of conformity, they must send a written communication to the addressshop@k-time.itTranslate the text from Italian to English

The Owner will promptly respond to the communication of the alleged lack of conformity and will indicate to the Consumer User the specific procedure to follow, also taking into account the product category to which the Product belongs and/or the reported defect.

Under Article 114 of the Consumer Code, in case of damage caused by defects of the Product sold, the damaged consumer User must submit a written request to the Owner for communication of the name of the manufacturer, in addition to the indication of the Product that caused the damage, place and date of purchase. Within three months from the request, the Owner will provide the communication of the identity and domicile of the manufacturer or the person who supplied the good.

 

The Owner also applies the conformity guarantee referred to in this paragraph in favor of Professional Users.

4. RULES OF USER BEHAVIOR

 

Each User must use the Internet responsibly and with respect and courtesy towards the rights of other Internet users.

As such, by accessing the Site, the User agrees not to: (i) upload to the Site, publish, send via email or otherwise transmit any illegal, harmful, threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, immoral, invasive of others' privacy including the right to image, disparaging or denigrating, racist or otherwise offensive content; (ii) upload to the Site, publish, send via email or otherwise transmit unsolicited or unauthorized advertising or promotional material, "advertising material", "misleading information", "chain letters", or any other form of solicitation; (iii) upload to the Site, publish, send via email or otherwise transmit material containing computer viruses or other computer codes, files or programs designed to disrupt, destroy or limit the functionality of any software, hardware or computer equipment or telecommunications equipment; (iv) disrupt or interrupt the Site or the servers or networks connected to the Site, or violate the requirements, procedures, rules or regulations of the networks connected to the Site; (v) attempt to damage the Service of any user, host or network, including, without limitation, exposing the Site to viruses, overloading, flooding the server, flooding email messages or falsifying any header of the TCP/IP protocol information packet or any part of the information contained in any email; (vi) access data not intended for Internet Users or enter a server/account to which the Internet User is not authorized to access; (vii) attempt to probe, scan or test the vulnerability of a system or network, or violate security or authentication measures without authorization; (viii) assume the identity of another person; (ix) engage in any activity or induce a third party to engage in any illegal activity or any other activity that may violate the rights of the Owner, its partners, distributors, suppliers or any other Internet user; (x) transmit or transfer (by any means) information or software derived from the Site, in particular to other countries or to foreign citizens in violation of national or international laws or regulations.

Recognizing the global nature of the Internet, each User agrees to comply with all local and international rules and procedures related to online behavior and acceptable content, and in particular all applicable laws regarding the transmission of technical data.

At any time and for any reason, the Owner may use any means to interrupt, without notice, the use of the Site or any of our Services for any conduct that violates these Terms of Use, without prejudice to any damages and interests the Owner reserves the right to request from the User in case of non-compliance with the terms and conditions of use of the Site.

The User must not interfere with or disrupt the functionality of the Site. It is the User's responsibility to take all appropriate measures in relation to the equipment used to protect them from possible contamination by computer viruses or intrusion attempts. Equipment means, in particular, but not only: personal computers, handheld devices, Internet access, software programs and data, etc.

 

5. INDEMNITY

 

The User agrees to indemnify, defend, and hold harmless the Owner as well as any affiliated companies, our subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the User's violation of these Terms of Use or their violation of any law or the rights of a third party.

 

6. RIGHTS ON CONTENT

 

The Owner owns all intellectual and industrial property rights on this Site as well as on the Content. The use of this Site and its Content does not grant the User any rights related to copyrights, designs, trademarks, and all other intellectual property and material rights mentioned, displayed, or related to the Content on the Site. Any reproduction, redistribution, or other unauthorized use of the Content is prohibited and may result in civil and criminal penalties. The User may use the Content only with prior written and explicit authorization from the Owner. The Owner reserves the right to claim damages in case of infringement and, more generally, in case of violation of intellectual property rights.

 

7. WARRANTY EXCLUSIONS

 

The Site is provided "as is" and "as available" and the Owner does not provide any explicit or implicit warranty in relation to the Site, nor does it provide any guarantee that the Site will meet the Users' needs or that it will never have interruptions or be error-free or free of viruses or bugs.

The Owner will make every effort to ensure that the Site is available uninterrupted 24 hours a day, but cannot in any way be held responsible if, for any reason, the Site is not accessible and/or operational at any time or for any period. Access to the Site may be temporarily suspended without notice in case of system failure, maintenance, repairs, or for reasons entirely beyond the Owner's control or due to force majeure events.

 

8. LINK TO THIRD-PARTY WEBSITES

 

The Site may contain links to third party websites/applications. The Owner does not exercise any control over them and, therefore, is not in any way responsible for the contents of these websites/applications.

Some of these links may refer to third-party websites/applications that provide services through the Site. In these cases, the general terms and conditions for the use of the website/application and for the use of the service prepared by the third parties will apply to the individual services, for which the Owner assumes no responsibility.

 

9. LIMITATION OF LIABILITY

 

The Owner cannot be held responsible towards the User, except in cases of willful misconduct or gross negligence, for malfunctions or disruptions related to the use of the internet network beyond its control or that of its suppliers.

The Owner shall not be liable for damages, losses, and costs incurred by the User as a result of the non-performance of the contract for reasons not attributable to him, with the User being entitled only to the possible full refund of the price paid and any additional charges incurred.

The Owner assumes no responsibility for any fraudulent and illegal use that may be made by third parties of credit cards and other means of payment, as it does not come into contact in any way with the payment data used (credit card number, cardholder name, password, etc.).

The Owner shall not be liable for:

- any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that are not a direct consequence of the Owner's breach of contract;

- Incorrect or inadequate use of the Site by Users or third parties;

- Issuing incorrect tax documents or data due to errors related to the data provided by the User, as the User is solely responsible for the correct input.

- for any loss of profits, incidental, consequential, punitive, special or indirect damages arising from or in connection with the Site or these Terms, even if informed of the possibility of such damages, regardless of whether the claim for such damages is based on contract, tort, strict liability or otherwise. This limitation of liability includes, but is not limited to, any (i) transmission of any bugs, viruses, trojans or similar that may infect User's equipment, malfunctions of mechanical or electronic equipment; (ii) unauthorized access or unauthorized use of the Site or the Owner's secure servers and/or any personal and/or financial information stored therein; or (iii) theft, operator errors, strikes or any force majeure.

Since some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.

 

10. FORCE MAJEURE

 

The Owner cannot be held responsible for the failure or delay in fulfilling its obligations, due to circumstances beyond the reasonable control of the Owner, such as force majeure events or, in any case, unforeseen and unpredictable events, and in any case, independent of its will.

The fulfillment of obligations by the Holder will be considered suspended for the period in which force majeure events occur.

The Owner will take any action within his power to identify solutions that allow the correct fulfillment of his obligations despite the persistence of force majeure events.

 

11. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

We are not responsible if the information provided on this Website is not accurate, complete, or up-to-date. The content on this Website is provided for general informational purposes only, and it is advisable not to rely on it or use it as the sole basis for making decisions without consulting sources of primary importance, more accurate, more complete, and more up-to-date information. The User who relies on the content on this Website does so at his/her own risk.

The present Site may contain certain historical information that is not current and is provided to the consumer only as a reference. We reserve the right to modify the contents of this Site at any time but we are not obligated to update any information on our Site. The User accepts the responsibility to check for changes on our Site.

 

12. ERRORS, INACCURACIES AND OMISSIONS

On our website, there may sometimes be information containing typos, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any omission, error, or inaccuracy at any time and without notice, and to modify or update the information or cancel orders if any information on the website or any related website is inaccurate (even after the consumer has placed the order).

We are in no way obligated to update, modify, or clarify the information on the Site or on any related website, including, for example, information on prices, except as required by law. It is advisable that no update date indicated on the Site or on any related website be considered as an element indicating the modification or update of all the information on the Site or on any related website.

 

13. PRIVACY

 

The protection and processing of personal data will take place in accordance with the Privacy Policy, which can be consulted on the following pagehttps://shop.k-time.it/pages/privacy-policy  

 

14. APPLICABLE LAW AND JURISDICTION

 

The conditions are subject to Italian law.

The court of the place where the Owner is based shall have jurisdiction over any dispute relating to the application, execution, and interpretation of these Conditions.

For Consumer Users, any dispute relating to the application, execution, and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the Consumer User's right to bring an action before a judge other than the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in articles 18, 19, and 20 of the civil procedural code.

The application to Consumer Users who do not have their habitual residence in Italy of the possibly more favorable and non-derogable provisions provided by the law of the country where they have their habitual residence is reserved, in particular in relation to the deadline for exercising the right of withdrawal, the deadline for returning the Products, in case of exercising such right, the methods and formalities of communicating the same and the legal guarantee of conformity.

 

15. DISPUTE RESOLUTION ONLINE FOR CONSUMER USERS

 

If you are a Consumer User and have filed a complaint regarding a contract concluded through this Site, but it was not possible to resolve the dispute subject of the complaint, you will be provided with information about the Alternative Dispute Resolution body or bodies for the out-of-court resolution of disputes (so-called ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether we use such bodies to resolve the dispute or not.

In any case, we inform you that for the resolution of disputes arising from the correct application of contracts governed by the provisions of Sections from I to IV of Chapter I of the Consumer Code, it is possible to resort to mediation procedures, as per Legislative Decree 4 March 2010, no. 28.

The possibility of using the voluntary and equal negotiation procedures provided for in Article 2, paragraph 2, of the same Legislative Decree no. 28 of 4 March 2010 is preserved.

Furthermore, we remind you that a European platform for online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be accessed at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, you can consult the list of ADR bodies, find the link to the website of each of them, and initiate an online dispute resolution procedure in which you are involved.

In any case, whatever the outcome of the out-of-court dispute resolution procedure, your rights to turn to the ordinary judge are preserved, and, if the conditions are met, to promote an out-of-court resolution of disputes related to consumer relations by resorting to the procedures provided for in Part V, Title II-bis Consumer Code.

 

16. SAFEGUARD CLAUSE

 

In the event that any provision of these Terms of Use is deemed illegal, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law while the unenforceable part shall be deemed severed from these Terms of Use. Such circumstance shall not affect the validity and enforceability of any other remaining provision.

 

17. WHOLE AGREEMENT

 

Failure to exercise or enforce any right or provision of these Terms by us does not constitute a waiver of such right or provision. Any ambiguity in the interpretation of these Terms shall not be construed against the party who drafted them.

 

18. CONTACT INFORMATION

 

The owner of this website is the company Comprof Milano S.R.L, with registered office in Naples (NA) - Piazza S M Angeli A Pizzofalcone 1, VAT number / Tax code 07479001211, REA No. NA - 887045, fully paid-up share capital €100,000.00, PEC addressI buy from milano@legalmail.it

 

Any questions regarding the Terms of Service and/or Sales Conditions and/or Products/Services offered on this Site can be sent by the User to the following address:shop@k-time.it