General Conditions of Sale (GCS)

Updated on 15 March 2013

1. Subject

1.1. These General Conditions of on line Sale (hereinafter "GCS") govern the contract (hereinafter "CONTRACT") for the sale of products marked exclusively by the brand Kendy Embroidery di Moldovai Iudith (hereinafter "PRODUCTS") offered by Kendy Embroidery di Moldovai Iudith - based in via in Piazza del Municipio, 1, 25080 Calvagese della Riviera (BS), VAT 04534270980 (hereinafter "Kendy Embroidery di Moldovai Iudith") - through its Website kendyembroidery.com(hereinafter "SITE") users of the SITE (hereinafter "CUSTOMER" or "CUSTOMERS").

1.2. In these GCS, the term CUSTOMER or CUSTOMERS means the "consumer" or "consumers" as defined in Article 3, par. 1, lett. a), of Legislative Decree September 6, 2005, no. 206 (hereinafter "CODE"), that is "the natural person acting for purposes unrelated to the entrepreneurial or professional activity possibly carried out".

2. Effectiveness and amendment of the GCS

2.1. The GCS are available on the SITE to be easily read by the CUSTOMER before registration and before purchasing the PRODUCTS; are accepted together with the registration and submission of the purchase order form, and can be stored on the CUSTOMER’s computer and reproduced on paper by printing the file in which they are contained.

2.2. The GCS applicable to the sale of the PRODUCTS are those published on the SITE, on the date of the order for the PRODUCTS. The CUSTOMER, therefore, must review the GCS, whenever they intend to make a purchase on the SITE.

2.3. The mere forbearance or lack of challenge by Kendy Embroidery di Moldovai Iudith of any default by the CUSTOMER with respect to the contents of the GCS shall not be interpreted as tacit acceptance of such default, nor as a desire to derogate from what has been agreed between the parties.

3. Registration and purchase procedure

3.1. The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must manifest this will through the registration of their data and a request made directly on the SITE where, following the purchase procedure indicated therein, they will make the forwarding, by electronic means, of its electronic purchase order (hereinafter referred to as "ORDER") and its payment.

3.2. The order form shall contain a reference to the GCS and a summary of the information on the essential characteristics of each product ordered and its price (including all applicable taxes and charges), of the means of payment chosen, the methods of delivery of the purchased products, shipping, and delivery costs: the CUSTOMER before sending the ORDER must carefully read the entire content, identify, and correct any errors in data entry. 3.3. The CUSTOMER can access his order form by consulting the section "PROFILE" and if they wish to cancel the ORDER or modify the ORDER by increasing, decreasing the quantities of PRODUCTS previously ordered, or simply by modifying, inserting new articles in addition to or in substitution of the same PRODUCTS, they must necessarily send an e-mail to kendyembroidery@gmail.com provided that the relative shipment has not already been confirmed by Kendy Embroidery di Moldovai Iudith with shipping confirmation e-email (hereinafter "SHIPMENT CONFIRMATION") referred to in article 3.5 below. 3.4. Upon receipt of the ORDER, Kendy Embroidery di Moldovai Iudith will send to the CUSTOMER an order confirmation e-mail (hereinafter "ORDER CONFIRMATION"), containing a summary of the content of the sales information, and will process the ORDER, without prejudice to Article 3.6 below. 3.5. All purchase orders of the PRODUCTS are subject to the availability of the same and, therefore, to the confirmation of Kendy Embroidery di Moldovai Iudith, which will communicate this availability by sending a SHIPPING CONFIRMATION e-mail to the CUSTOMER. 3.6. In case of failure to execute the ORDER, due to the unavailability of one of the PRODUCTS ordered, Kendy Embroidery di Moldovai Iudith will inform the CUSTOMER by e-mail and ask for the confirmation of the CUSTOMER ORDER, for the purchase of the remaining PRODUCTS available. In any case, the unavailability of one or more of the PRODUCTS ordered will not automatically give the CUSTOMER the right to cancel the entire ORDER. 3.7. The CONTRACT between the CUSTOMER and Kendy Embroidery di Moldovai Iudith is governed by the ORDER, the SHIPPING CONFIRMATION, the GCS, and the Privacy Policy (hereinafter "PRIVACY") both published on the SITE.

4. Rights and obligations of Kendy Embroidery di Moldovai Iudith

4.1. Kendy Embroidery di Moldovai Iudith, undertakes to deliver the PRODUCTS at the address and within the terms indicated by the CUSTOMER in the ORDER. Kendy Embroidery di Moldovai Iudith will not be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the ORDER or for the CUSTOMER’s own unavailability. The delivery is made by express courier, therefore PO boxes cannot be accepted.

4.2. In the event of the total or partial return of the PRODUCTS pursuant to the right of withdrawal or the guarantee due by law, Kendy Embroidery di Moldovai Iudith, in accordance with the provisions of Articles 10 and 11 below, will only refund the sums due, no changes or replacements will be provided.

5. Customer’s rights and obligations

5.1. The CUSTOMER is solely responsible for the truthfulness of the data and the correctness of the information provided to Kendy Embroidery di Moldovai Iudith during registration via the SITE and undertakes to promptly notify any changes to the data entered.

5.2. The CUSTOMER, during the registration and sending of the ORDER, declares that they have read, understood and accepted the GCS and the additional information contained in the SITE including PRIVACY; to be a person of legal age, with legal capacity to act. 5.3. The CUSTOMER undertakes, once the purchase procedure has been completed on the SITE, to provide both the storage of an electronic copy and the printing of the ORDER and the GCS for the purpose of their retention, as referred to in article 2.1 above.

6. Use of the site

6.1. The essential characteristics of the PRODUCTS are presented on the SITE within each product sheet. The images and colours of the products offered for sale on the SITE may not perfectly match the real ones due to the effect of the Internet browser and the monitor used when connecting to the SITE.

6.2. Kendy Embroidery di Moldovai Iudith assumes no responsibility for the problems caused to the CUSTOMER by the use of the SITE and the technologies used as not dependent on its own will, such as, for example: a) errors, delays or impossibility of access to the SITE by the CUSTOMER during the execution of the sale procedure; b) errors, delays or impossibility in the receipt by the CUSTOMER of communications made by Kendy Embroidery di Moldovai Iudith in relation to the sale of the PRODUCTS.

6.3. In any case, Kendy Embroidery di Moldovai Iudith undertakes, as far as possible, to resolve any problems that may arise and provide the necessary assistance to the CUSTOMER to obtain a rapid and satisfactory solution to the above problems.

7. Prices and payments

7.1. The prices of the PRODUCTS are those actually displayed on the SITE at the time of issuance of the ORDER and, unless otherwise specified, are inclusive of VAT. The shipping and delivery costs for each of the PRODUCTS must be added to the prices of the same shown on the SITE that will be duly highlighted and summarized before the issuance of the ORDER and then also in the ORDER CONFIRMATION. 7.2. The total price for the purchase and the shipping and delivery costs of the PRODUCTS, as indicated in the ORDER, will be charged to the CUSTOMER only at the time of shipment of the PRODUCTS, after sending the SHIPPING CONFIRMATION.

7.3. With payment by credit card, the CUSTOMER undertakes, at the request of Kendy Embroidery di Moldovai Iudith, to send a copy of the identity document proving the actual ownership of the credit card used, It is understood that, in the absence of the requested shipment, Kendy Embroidery di Moldovai Iudith may refuse payment and cancel the order.

8. Delivery of products to the customer

8.1. Upon delivery of the PRODUCTS to the CUSTOMER by the carrier in charge of their transport, the CUSTOMER must check: a) that the quantity and type of PRODUCTS ordered corresponds to what is indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or otherwise altered, even in the sealing materials.

8.2. Any anomalies must be immediately challenged to the carrier upon receipt of the PRODUCTS, by indicating them in the delivery note. In order to facilitate and speed up the procedure for checking any anomalies by Kendy Embroidery di Moldovai Iudith, the CUSTOMER may write an e-mail to kendyembroidery@gmail.com.

9. Delivery to headquarters


9.1. The CUSTOMER may freely indicate as place of delivery also the Kendy Embroidery di Moldovai Iudith® headquarters of his choice (hereinafter SHOP): in this case the shipping and delivery of the PRODUCTS will be free.

9.2. In the case of delivery to the STORE, the CUSTOMER must proceed with the collection of the PRODUCTS from the 10th day following that of the ORDER and no later than the following 15 (fifteen) days, either personally or through a third party, and presenting to the STORE the number of the ORDER and a document identifying the person who provides for the collection.

9.3. In the event of difficulties in complying with the terms of collection at the SHOP, the CUSTOMER shall notify Kendy Embroidery di Moldovai Iudith in writing to kendyembroidery@gmail.com.

9.4. In the event of late collection, that is more than 25 (twenty-five) days from the day of the ORDER, without the prior written notice referred to in the previous paragraph, the risk of loss or deterioration of the PRODUCTS will be borne by the CUSTOMER.

9.5 In no case will it be possible to make returns of PRODUCTS through a SHOP.

10. Right of withdrawal

10.1. In case of non-compliant/incorrect products or products non-conforming to the description, the CUSTOMER has the right to withdraw from the contract concluded with Kendy Embroidery di Moldovai Iudith without any penalty within 14 (fourteen) days from the day of receipt, or from the collection at the store, of the PRODUCTS purchased on the SITE, provided that the products to be returned are intact, never used, complete with its own packaging, original tags and labels. It is not possible to change the chosen product with another.

10.2. In case of exercise of the right of withdrawal, even partial, the return of the PRODUCTS must be made in a single solution.

10.3. If the CUSTOMER intends to exercise the right of withdrawal referred to in point 10.1, they must: - send an e-mail to kendyembroidery@gmail.com, attaching the SHIPPING CONFIRMATION sent by Kendy Embroidery di Moldovai Iudith and specifying in the text of the e-mail the numerical code of the item or items to be returned (hereinafter "RETURNED PRODUCTS") and the reason for the return "for non-conformity"; - contact the shipping agent indicated by Kendy Embroidery di Moldovai Iudith and send, within the following 14 (fourteen) days from the communication by e-mail of the withdrawal, the products to be returned to Kendy Embroidery di Moldovai Iudith in Piazza del Municipio, 1, 25080 Calvagese della Riviera (BS).

10.4. If the right of withdrawal is exercised in accordance with the terms and conditions described in this article, Kendy Embroidery di Moldovai Iudith will send to the CUSTOMER as soon as possible, by e-mail, the relative confirmation of the acceptance of the RETURNED PRODUCTS and to refund, by bank procedure, the costs incurred by the CUSTOMER for the purchase of these products and for the related shipping and delivery costs, if any.

10.5. In any case, the method of refunds on delivery is prohibited.

10.6. In case of return "without reason", the CUSTOMER has the right to withdraw from the contract concluded with Kendy Embroidery di Moldovai Iudith without any penalty within 14 (fourteen) days starting from the day of receipt, or from collection at the store, of the PRODUCTS purchased on the SITE, provided that the products to be returned are intact, never used, complete with their own packaging, tags and original labels. It is not possible to change the chosen product with another.

10.7. If the CUSTOMER intends to exercise the right of withdrawal referred to in point 10.6, they must: - send an e-mail to kendyembroidery@gmail.com, attaching the SHIPPING CONFIRMATION sent by Kendy Embroidery di Moldovai Iudith and specifying in the text of the e-mail the numerical code of the item or items to be returned (hereinafter "RETURNED PRODUCTS") and the reason for the return "for return without reason"; - contact a forwarding agent of your choice and send, within the following 14 (fourteen) days from the communication by e-mail of the withdrawal, the products to be returned to Kendy Embroidery di Moldovai Iudith in Piazza del Municipio, 1, 25080 Calvagese della Riviera (BS). The return shipment will be charged to the CUSTOMER.

10.8. If the right of withdrawal is exercised in accordance with the terms and conditions described in this article, Kendy Embroidery di Moldovai Iudith will send to the CUSTOMER as soon as possible, by e-mail, the relative confirmation of the acceptance of the RETURNED PRODUCTS and to refund, by bank procedure, the costs incurred by the CUSTOMER for the purchase of these products and for the related shipping costs, if any, for purchase BUT NOT FOR RETURN SHIPPING, that remain at the customer’s expense.

10.9. In the event of a request for a replacement product after returns "without reason", the CUSTOMER must start a new purchase process by choosing the desired product.

11. RETURNS FOR PRODUCT DEFECTS OR DIFFERENCES

11.1. Kendy Embroidery di Moldovai Iudith will provide, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of compliance with the conditions and terms provided by law. In particular, the rights arising from this guarantee may be exercised provided that the PRODUCTS have been used correctly, with due diligence and in compliance with the intended use and with the provisions of the attached indications, as well as upon presentation by the CUSTOMER of the delivery note received with the same and indication of the order number.

11.2. In the case of defective products or products different from those ordered (hereinafter referred to as "DEFECTIVE PRODUCTS"), the CUSTOMER shall, without exception, send a notification e-mail to Kendy Embroidery di Moldovai Iudith, at kendyembroidery@gmail.com, attaching the SHIPPING CONFIRMATION sent by Kendy Embroidery di Moldovai Iudith and specifying in the text of the e-mail the numerical code of the item or items to be returned and the reason for the return for "defects of the PRODUCTS".

11.3. Kendy Embroidery di Moldovai Iudith will - contact the forwarding agent to book the withdrawal within 14 (fourteen) days from the communication, via e-mail, of the withdrawal to Kendy Embroidery di Moldovai Iudith; - inform the CUSTOMER by e-mail of the date set for collection. From the moment of the return of the DEFECTIVE PRODUCTS to the forwarding agent in charge, Kendy Embroidery di Moldovai Iudith exempts the CUSTOMER from any liability in case of loss or damage of the products during the transport.

11.4. All PRODUCTS are equipped with identification tag, internal labels, and own packaging. Kendy Embroidery di Moldovai Iudith, in case of exercise of the right of withdrawal of the CUSTOMER, has the right not to accept the return of the RETURNED PRODUCTS without the relevant tag, internal labels and that have been used, worn, washed, damaged or altered in their essential and qualitative characteristics.

11.5. If the right of withdrawal is exercised in accordance with the terms and conditions described in this article, Kendy Embroidery di Moldovai Iudith will as soon as possible send to the CUSTOMER, by e-mail, the relative confirmation of the acceptance of the RETURNED PRODUCTS and to refund, by bank procedure, the costs incurred by the CUSTOMER for the purchase of these products and for the related shipping and delivery costs, if any.

11.6. As soon as Kendy Embroidery di Moldovai Iudith receives the package containing the DEFECTIVE PRODUCTS, it will check the claimed defects and send to the CUSTOMER, by e-mail, the relative confirmation of receipt of the DEFECTIVE PRODUCTS and the eventual acknowledgement of the defects communicated by the reporting e-mail, consequently, to refund, by bank procedure, the costs incurred by the CUSTOMER for the purchase and for the shipment and delivery of the DEFECTIVE PRODUCTS, if any, while the return costs will be borne by Kendy Embroidery di Moldovai Iudith.

12. Protection of personal data

12.1. Kendy Embroidery di Moldovai Iudith guarantees the CUSTOMER that the personal data acquired in connection with the sale of the PRODUCTS will always be processed lawfully and correctly, in full compliance with the provisions of Legislative Decree no. 196 of June 30, 2003 (hereinafter referred to as "DECREE") in accordance with the provisions of PRIVACY, published on the SITE and printable.

12.2. For any information relating to the processing of personal data, please refer to the information on data processing provided by Kendy Embroidery di Moldovai Iudith, pursuant to art. 13 of the DECREE, to the CUSTOMER at the time of registration on the SITE. Please note that the CUSTOMER, in case of need for further clarification regarding the processing of personal data (Article 7 of the DECREE) may contact Kendy Embroidery di Moldovai Iudith at the following address kendyembroidery@gmail.com.

13. Communications

13.1. For any assistance or complaint related to the PRODUCTS purchased, the CUSTOMER may contact Kendy Embroidery di Moldovai Iudith at the following e-mail address: kendyembroidery@gmail.com.

14. Applicable law and jurisdiction

14.1. The GCS are governed by Italian law and in particular by the CODE and by Legislative Decree No. 70 of April 9, 2003 on certain peculiarities of electronic commerce.

14.2. The Court of Rimini will have exclusive jurisdiction, without concurrent place of jurisdiction. for any dispute that may arise regarding the validity, interpretation, execution, termination of these GCS and/or individual purchase orders, with the express and total reciprocal waiver of any other jurisdiction.