Terms and conditions - Kaiserkuche

GENERAL TERMS AND CONDITIONS OF SALE

General terms and conditions of sale for the website: kaiserkuche.com

These general terms and conditions of sale and the contractual relationships between Kfit Srl and the Buyer are governed by Italian law. In the event of a dispute, before initiating any legal action, the parties commit to seeking an out-of-court solution.

LEGAL NOTES

URL: https://www.kaiserkuche.com/

Contact – Email address:

Hosting: Arubabusiness

Welcome to the website www.kaiserkuche.com

We invite you to carefully read these general terms and conditions of sale (hereinafter “GTC”), as well as the Site Usage Terms (accessible here), the Privacy Policy (accessible here), and the Cookie Policy (accessible here) that regulate navigation on this site as well as our relationships in the event that you order Products and Services on this site.

Any purchase of a product offered on the site presupposes consultation and explicit acceptance of the GTC. No handwritten signature is required for acceptance.

In accordance with applicable legislative and regulatory provisions regarding electronic signatures, it is noted that the validation of the purchase order, as specified in these GTC, constitutes an electronic signature. This signature holds the same value between the parties as a handwritten signature and serves as proof of the purchase order and the amounts due under the said order.

Within these GTC, the following is agreed: “You” or the “Buyer” refers to the person browsing the site and/or purchasing products on the site; “We” or the “Seller” refers to the company identified in the legal notes above; the Buyer and the Seller will be jointly referred to as the “Parties” and individually as the “Party.”

1. PURCHASE CONDITIONS

The products and services we offer on the site are reserved for individuals:

adults (or minors with authorization from the person exercising parental responsibility, allowing them to place an order on the site);
possessing full legal capacity to place orders on the site.

We reserve the right at any time to request an identity document confirming your age and/or the aforementioned authorization. We reserve the right not to proceed with a purchase order and/or to exclude from our customer/potential customer database any buyer who has not responded to the above request or has not complied with the principles stated in this clause.

Please note that the products are intended for the personal use of the buyer, and their purchase should have no connection with the buyer’s professional activity, including the resale of the products.

2. PRODUCTS – PRICES

a.) Products

The cosmetic products offered for sale on the site, as well as any connected additional services and/or complementary products (hereinafter “Products”), are those available on the site on the day of consultation and/or browsing by the Buyer.

If a product is unavailable, the Buyer is informed of this:

at the time of placing the order: a message indicating that the product is temporarily unavailable is displayed, or
after order validation and before delivery, through email.

In the event the Buyer requests the cancellation of the entire order, the Seller undertakes to refund the amounts paid by the Buyer within a maximum period of 14 (fourteen) days from the date of receiving the request, depending on the payment method used by the Buyer.

The Buyer is informed that the photographs and texts illustrating the products are subject to variations.

b.) Prices

Prices are indicated in Euro (€) and are valid throughout the Italian territory, excluding Livigno and Campione di’Italia where no shipment will be made.

Prices take into account any applicable discounts and VAT on the day the order is placed.

No shipping charges will be applied for deliveries within the Italian territory.


	EUROPE CENTRAL-WEST	SWITZERLAND-NORWAY-LIECHTENSTEIN-ANDORRA-CHANNEL ISLANDS	EASTERN EUROPE
STANDARD RATE. 48 / 72 h.	€ 21	€ 43	€ 41
EXPRESS RATE. 24 / 48 h.	€ 41	€ 50	€ 82

Any taxes and duties applied by European countries will be charged to the customer by the courier upon delivery.

Please note that any promotions granted in the form of discount vouchers are valid exclusively for a single order per user and within a specified validity period, and cannot be combined with other discounts.

The Seller reserves the right to change prices at any time; however, products are invoiced based on the rates in effect at the time of order registration, subject to their availability.

c.) User Ratings and Comments

You have the opportunity to express your opinion and reorder each product. You also have the ability to consult the opinions and advice of other internet users. The opinions and advice expressed for each product correspond to the average opinions and advice of internet users who have responded to each question and are binding exclusively on them. Such opinions and advice cannot in any case constitute a contractual element between the Seller and the Buyer.

The stars displayed on the site next to the products represent the average ratings at a given time assigned by people who have expressed their opinions on our site about our product and can therefore vary from day to day.

3. ORDER REGISTRATION AND VALIDATION

a.) Order Placement Methods

To place an order, the Buyer must first connect to the website.

Subsequently, the Buyer can explore the various products offered for sale on the day of visiting the site and choose the products

by navigating through various product categories or
by directly typing the product name in the search engine or
by clicking on one of the pages on the site map at the bottom of each page, thus accessing the entire range of products.

While browsing the site, the Buyer who wishes to place an order can do so by simply clicking on the button to add the product to the cart.

Once this operation is completed, the Buyer will see the number of products in their cart. Please note that the cart contents may be subject to expiration.

The Buyer can continue the visit or click on the cart to view its contents, displaying all the elements of the order, the essential characteristics of the products, the total amount of the order, billing and delivery information, timing, costs, and any delivery limitations, as well as the rights and legal guarantees available to the Buyer.

The Buyer can return to their order, complete it, modify it, or cancel it if they have not yet validated it. If the Buyer wants to choose other products, they can continue browsing the site, ensuring that the selected product(s) is/are present in their cart.

The Buyer has the option, at any time during the order processing—i.e., until the actual payment under the conditions specified in these CGV—to return to their order, complete it, modify it, or cancel it until it is effectively validated.

Once the product selection is complete, the Buyer can validate the order by clicking the appropriate button. At that point, a new page will open, inviting the Buyer to:

provide a username (email address) and password if the Buyer is already registered on the site,
accurately complete a personal data collection form, especially the mandatory fields (indicated by an asterisk), such as Last Name, First Name, Email Address, Delivery Postal Address (i.e., the address where delivery can be made during working hours from Monday to Friday).

The Buyer undertakes to complete the form provided to them in good faith. The Buyer acknowledges that the data communicated to the Seller and stored in the Seller’s and/or subcontractors’ information systems are accurate and constitute proof of their identity. Please note that this personal data will be processed in accordance with the Privacy Policy accessible here).

After reviewing the order, the Buyer is invited to:

click the button to access order payment, under the conditions described in these CGV, or
click the button to modify the cart and/or information related to their personal data.

By clicking the button to access order payment, the Buyer must, in the first instance, review these CGV and then confirm their consent to all CGV, activating a confirmation action required by the site (such as checking a box).

As soon as the Buyer confirms acceptance of the CGV, a dedicated web page for order payment will open.

The Buyer must then proceed with the payment of the order under the conditions described in these CGV.

The data recorded by the Seller constitutes proof of all transactions between the Seller and the Buyer.

the order number and its details.

b) Order Confirmation

Once the order is confirmed and the payment is validated as described above, a printable and saveable summary of the Buyer’s order is displayed, showing the references of the purchase order itself.

The Seller will send, as soon as possible, an order confirmation email to the email address provided by the Buyer, with the following information:

the Seller’s identity and contact details,
the reference of the order recorded at the time of placement,
the summary of the order and the essential characteristics of the products,
timing, costs, and any delivery limitations,
the total amount of the order, including taxes,
the rights and legal guarantees available to the Buyer,
confirmation of payment.

The Seller retains ownership of the ordered product(s) until the Seller fully collects the price and ancillary costs, including shipping costs. In case of payment issues, the Buyer undertakes to return the received products to the Seller, from the first request.

To protect the Seller from potential fraud, and in the event the Seller or the online payment service provider suspects the fraudulent nature of an order, the Seller or the payment service provider reserves the right to ask the Buyer (before order processing) for additional documents (especially proof of residence and debit in the Buyer’s name, a copy of the Buyer’s ID, a copy of the Buyer’s credit card) to verify the non-fraudulent nature of the order.

In the absence of a response from the Buyer within 15 (fifteen) days following the request from the Seller or the online payment service provider, the order will be canceled, and the Seller will proceed within 14 (fourteen) days after the expiration of the aforementioned period to refund the order according to the payment method used by the Buyer.

c) Proof of Order

By explicit agreement between the Seller and the Buyer, email messages are binding between the Parties, as well as the automatic registration systems used on the Site, particularly regarding the type and date of the order.

The Buyer can access, if necessary, in accordance with common law rules, the electronic contract entered into between the Buyer and the Seller. To do so, they must contact Customer Service, providing all necessary information, including the order number and its details.

4. PAYMENT

The amount due from the Buyer is the one indicated in the order confirmation and displayed on the dedicated webpage, subsequently transmitted by the Seller to the Buyer via email.

At the time of order validation, the Buyer can choose from various payment methods.

Payment can be made:

immediately via the Internet, with credit card (Visa, Amex, Mastercard); this method will be activated shortly
By Bank Transfer in Advance

BANK TRANSFER DETAILS:

Account Holder: KFIT srl

Agency: Banco di Desio e della Brianza

IBAN: IT87D0344011100000000275500

REASON FOR PAYMENT: Use the order ID specifying the purchase site

The order is validated by the Seller only upon acceptance of the GTC and verification and confirmation of the payment’s validity.

In any case, the Seller reserves the right to refuse any order or any delivery in case of

an ongoing dispute with the Buyer,
non-payment in full or in part of a previous order by the Buyer,
refusal of credit card payment authorization by banking institutions,
non-payment or partial payment.

5. CONSEGNA E RICEVIMENTO

a) Modalità di consegna

Una volta preparato, l’ordine viene spedito all’indirizzo postale comunicato dall’Acquirente al momento dell’effettuazione dell’ordine.

I Prodotti sono consegnati dal corriere (trasportatore).

In caso di assenza dell’Acquirente, il trasportatore lascia un avviso di passaggio nella buca lettere dell’Acquirente.

Si precisa tuttavia che il trasportatore effettuerà un nuovo tentativo di consegna (data e ora a discrezione del Trasportatore). In caso di mancata riconsegna, l’Acquirente è informato del fatto che il pacco resta in giacenza presso il trasportatore ad un indirizzo da lui comunicato per un periodo che va da 7 (sette) a 10 (dieci) giorni dal primo tentativo di consegna.

b) Tempistiche

L’Acquirente potrà seguire il percorso del proprio ordine attraverso l’apposito link che verrà inviato insieme alla comunicazione elettronica di avvenuta spedizione.

I tempi stimati per la consegna sono evidenziati nella tabella sottostante e considerati dalla data di spedizione dell’ordine.

Il tempo stimato è indicativo e potrebbe subire delle modifiche.

Tempi stimati:

EUROPA SINO 3 KG.	ITALIA (PER ISOLE + 24 h.)	EUROPA CENTRO-OVEST	SVIZZERA-NORVEGIA-LICHTENSTEIN-ANDORRA-ISOLE CANALE	EUROPA EST
TARIFFA STANDARD.	24 /48 H.	48 /72 h.	48 /72 h.	48 /72 h.
TARIFFA EXPRESS.		24/48 h.	24/48 h.	24/48 h.

In any case, orders will be shipped at the latest within thirty (30) working days from the day following the receipt of the order confirmation email.

c) Delay in Delivery

Kfit srl. is not responsible for delivery problems due to events or situations beyond its control, including delays attributable to the transport service or loss of products.

In case of delays, please inform the Customer Service at be1 Medskincare as soon as possible through the appropriate form (click here) so that verifications can be carried out with the carrier.

The Buyer is informed that this verification is an uncertain and relatively long process that the Seller cannot control.

If the order is found during the verification, it is immediately redirected to the delivery address indicated in the order.

If, at the end of the verification, the loss of the order is confirmed, the Seller refunds to the Buyer all sums collected on the bank account debited at the time of the order.

From the exercise of the right of withdrawal, the Seller refunds all sums paid by the Buyer (including delivery costs), according to the payment method used by the Buyer, within a maximum period of 14 (fourteen) days from the receipt of the notification, excluding any other compensation.

d) Receipt

Each delivery is considered made from the moment the Product/s is/are made available to the Buyer by the Carrier.

It is the Buyer’s responsibility to check, at the time of receipt of the Product/s, the conformity and integrity of the Product/s shipped, reporting any anomalies or defects on the Carrier’s delivery receipt.

Any defect must be reported as soon as possible to the Customer Service through the appropriate form (click here). A copy of the complaint forwarded to the Carrier must be attached.

6. LEGAL WARRANTIES

According to articles 129 and following of Legislative Decree no. 21/2014 (Consumer Code), the Seller is obliged to deliver to the Buyer Products that comply with the order placed by the Buyer.

It is presumed that the Products are compliant if:

they are suitable for the usual use for goods of the same type;
they conform to the description provided by the Seller and have the qualities of the goods that the Seller has presented to the Buyer as a sample or model;
they have the qualities that a Buyer can legitimately expect given the nature of the goods and the public statements made by the Seller regarding the specific characteristics of the goods;
they are suitable for the particular use intended by the Buyer, which has been brought to the Seller’s knowledge and accepted by the Seller.

Similarly, under Article 1490 of the Civil Code, the Seller is obliged to ensure that the Products sold are free from hidden defects that make them unsuitable for the intended use or that significantly reduce their value.

If the delivered Products are not in conformity with the Products ordered by the Buyer or if they have hidden defects, the Buyer must contact the Seller’s Customer Service through the appropriate form (click here) to report the non-conformity or hidden defects of the Product/s.

Following the report of non-conformity or the presence of defects, the Seller’s Customer Service will confirm receipt of the Buyer’s request and inform them of the procedure to follow. Upon receiving instructions from the Seller’s Customer Service, the Buyer will return the non-compliant or defective Products to the Seller at the following address: Kfit srl Largo Adua 1 24129 Bergamo

The Product/s must be strictly:

returned unused, in the original intact packaging, and
accompanied by the original packaging as well as the return slip provided by the Seller’s Customer Service and the invoice.

The Seller will not accept unfranked packages. Any risk associated with the return of the Product/s is borne by the Buyer.

Upon receipt of the allegedly non-compliant or defective Product/s, the Seller will check the Product/s to verify their conformity. Likewise, the Seller may perform a quality test on the Product/s returned by the Buyer to ensure that the returned Product/s is/are the original Product/s. It is understood that these checks are carried out as quickly as possible and within a maximum period of 1 (one) month.

If the non-conformity of the Product/s is confirmed or if the hidden defect is confirmed, the Seller will proceed, at the Buyer’s choice:

to refund the non-compliant or defective Product/s, as well as the shipping costs, depending on the payment method used by the Buyer, within 14 (fourteen) days from the receipt of the non-compliant or defective Product/s, or;
to exchange the non-compliant or defective Product/s. The shipment of the Product/s to the Buyer is made at the Seller’s expense and under the conditions of these T&Cs.

7. RIGHT OF WITHDRAWAL

In full compliance with art. 52 of Legislative Decree no. 21/2014 (Consumer Code), the Buyer has a period of 30 (thirty) days, starting from the actual delivery day of the order, to withdraw from the purchase contract of the Products, without stating reasons or paying penalties. In the case of the purchase of multiple Products delivered at different times, the aforementioned period will start from the receipt of the last item covered by the purchase order. In case the right of withdrawal is not exercised within the above-mentioned 30 (thirty) days, the order is considered final, and no refund can be made.

The right of withdrawal can only be exercised by the Buyer and not by third parties.

The Buyer can exercise the right of withdrawal by contacting the Seller’s Customer Service through the appropriate form (click here).

The Seller will confirm the receipt of the withdrawal request by sending an email to the Buyer.

The Buyer has a period of 14 (fourteen) days, starting from the date on which they informed the Seller of their intention to exercise the right of withdrawal, to return to Kfit srl Largo Adua 1 24129 Bergamo, the Product/s complete, unused, in their original intact packaging, and preferably accompanied by the original packaging, return slip, and invoice. The direct cost of returning the Products is borne by the Seller.

In case of non-return of the Products within the aforementioned 14 (fourteen) days, the order is considered final, and no refund can be made.

The Seller undertakes to refund all amounts paid by the Buyer for the claim. The refund is made using the payment method used by the Buyer for the initial transaction, within a maximum period of 14 (fourteen) days from the Seller’s receipt of the Product/s.

According to art. 59 of Legislative Decree no. 21/2014 (Consumer Code), the right of withdrawal under this article is excluded in the following cases:

express waiver by the Buyer;
supply of custom-made or clearly personalized Products;
supply of sealed Products that are not suitable for return for reasons of hygiene or related to health protection and have been opened after delivery;
supply of Products combined with other Products (e.g., individual Products within a box composed of different Products).

For any further information on the scope, content, and instructions regarding the exercise of the right of withdrawal, the Buyer can contact the after-sales service through the appropriate form (https://www.skinceuticals.it/contact).

8. MISCELLANEOUS

a) Force Majeure

Neither Party shall be liable for total or partial non-fulfillment or delay in the performance of its obligations under this contract caused by an event that cannot be prevented (hereinafter “Force Majeure Events”).

Force Majeure Events may include, for example and not exhaustively, wars, riots, insurrections, serious disruption of Internet security, technical failures, unauthorized access and/or intrusions into website servers, strikes of any kind, telematic or telephone failures, etc.

The Party claiming that a Force Majeure Event has occurred or there is a risk of it occurring must inform the other Party within 5 working days of the event or the aforementioned risk.

The Parties agree to meet in order to jointly determine the terms and conditions for order fulfillment during the presence of a Force Majeure Event.

After 1 (one) month of interruption due to a Force Majeure Event, L’Oréal may choose to cancel orders and refund the Buyer, if applicable.

b) Partial Invalidity

If one or more clauses of these GTC are deemed null or declared as such in application of a law, regulation, or following a final decision of a competent jurisdiction, the other clauses will remain valid and effective.

c) Entire Agreement

These GTC and the order summary transmitted to the Buyer form a contractual whole and constitute the entirety of the contractual relationships entered into between the Parties.

d) Modification of the GTC

The current GTC can be consulted at any time under “General Terms and Conditions of Sale” accessible from all pages of the Site.

The Seller may, at any time, update these GTC. Each updated version of these GTC will be made available on the Site in the dedicated section.

e) Applicable Law and Competent Court

Italian law applies to these GTC and to contractual relationships between Kfit srl and the Buyer. For any dispute arising in connection with the interpretation and/or execution of this contract, the court of the consumer’s place of residence or domicile, if located in the territory of the State, shall have jurisdiction.