Terms of service
- OBJECT
1.1. These General Conditions of Online Sale (hereinafter “GCS”) govern the contract (hereinafter “CONTRACT”) for the sale of clothing and accessory products exclusively marked by the brand (hereinafter “PRODUCTS”) offered by Connie Image Consultant di Loffa Concetta Via Benricevuto di Ser Leonardo, 18 59100 Prato (PO) - Italy P.Iva IT 02418640971 (hereinafter “Ikigai”) – via its website www.ikigaikimono.com (hereinafter “SITE”) to users of the SITE (hereinafter “CUSTOMER” or “CUSTOMERS”).
1.2. In these GTC, the term CUSTOMER or CUSTOMERS means the “consumer” or “consumers” as defined in Article 3, paragraph 1, letter a), of Legislative Decree no. 206 of 6 September 2005 (hereinafter “CODE”), i.e. “the natural person who acts for purposes other than any entrepreneurial or professional activity carried out”.
- EFFECTIVENESS AND MODIFICATION OF THE GTC
2.1. The GTC are available on the SITE to be easily read by the CUSTOMER before registration and before purchasing the PRODUCTS; they are considered accepted together with the registration and forwarding 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 GTC applicable to the sale of the PRODUCTS are those published on the SITE, on the date of the order relating to the PRODUCTS. The CUSTOMER, therefore, must read the GTC, each time he intends to proceed with a purchase on the SITE.
2.3. The mere tolerance or failure to contest by Ikigai of any breaches by the CLIENT with respect to the contents of the GTC cannot be interpreted as tacit acceptance of such breaches, nor as a desire to derogate from what was agreed between the parties.
- REGISTRATION AND PURCHASE PROCEDURE
3.1. The CUSTOMER who intends to proceed with the purchase of the PRODUCTS must express this desire by registering his/her data and making a request directly on the SITE where, following the purchase procedure indicated therein, he/she will forward, electronically, his/her electronic purchase order (hereinafter “ORDER”) and the relative payment.
3.2. The order form contains a summary of the information on the essential characteristics of each product ordered and the relative price (including all applicable taxes and duties), the chosen payment method, the delivery methods of the purchased products, shipping and delivery costs: before sending the ORDER, the CUSTOMER must carefully read the entire content, identify and correct any errors in data entry.
3.3. All purchase orders for PRODUCTS are subject to their availability and, therefore,
to confirmation by Ikigai, which will communicate such availability by sending an email to the CUSTOMER to CONFIRM SHIPMENT.
3.4. In the event of failure to execute the ORDER, due to unavailability of one of the PRODUCTS ordered,
Ikigai will inform the CUSTOMER by email and will ask for confirmation of the CUSTOMER's ORDER, for the purchase of the remaining
available PRODUCTS. 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.
3.5. The CONTRACT between the CUSTOMER and Ikigai is governed by the ORDER, the SHIPMENT CONFIRMATION, the GTC and the Privacy Policy (hereinafter “PRIVACY”) both published on the SITE.
- RIGHTS AND OBLIGATIONS OF Ikigai
4.1. Ikigai undertakes to deliver the PRODUCTS to the address and within the terms indicated by the CUSTOMER in the ORDER. Ikigai will not be responsible for delivery errors due to inaccuracies or incompleteness in the compilation of the ORDER or for the unavailability of the CUSTOMER. Delivery is made via express courier, therefore PO boxes cannot be accepted.
4.2. In the event of total or partial return of the PRODUCTS pursuant to the right of withdrawal or the guarantee required by law, Ikigai, in accordance with the provisions of the following articles 10 and 11, will only reimburse the sums due.
- CUSTOMER RIGHTS AND OBLIGATIONS
5.1. The CUSTOMER is solely responsible for the truthfulness of the data and the correctness of the information provided to Ikigai during registration via the SITE and undertakes to promptly communicate any changes to the data entered.
5.2. The CUSTOMER, during registration and sending of the ORDER, declares to have read, understood and accepted the GTC and the additional information contained in the SITE including PRIVACY; to be an adult, in possession of the legal capacity to act.
5.3. The CUSTOMER undertakes, once the purchase procedure on the SITE has been completed, to both save an electronic copy and print the ORDER and the GTC for their conservation, as indicated in the previous article 2.1.
- 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 correspond perfectly to the real ones due to the Internet browser and monitor used when connecting to the SITE.
6.2. Ikigai assumes no responsibility for problems caused to the CLIENT by the use of the SITE and the technologies used as they do not depend on its own will, such as, by way of example: a) errors, delays or impossibility in accessing the SITE by the CLIENT during the execution of the sales procedure; b) errors, delays or impossibility in the receipt, by the CLIENT, of communications made by Ikigai in relation to the sale of the PRODUCTS.
6.3. In any case, Ikigai undertakes, to the extent possible, to resolve any problems that may arise and to offer the CLIENT the necessary assistance to obtain a quick and satisfactory solution to the aforementioned problems.
- PRICES AND PAYMENTS
7.1. The prices of the PRODUCTS are those actually displayed on the SITE at the time of issuing 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 shown on the SITE, which will be duly highlighted and summarised before issuing the ORDER and subsequently also in the ORDER CONFIRMATION.
7.2. The total price for the purchase of the PRODUCTS and the shipping costs, as indicated in the ORDER, will be charged to the CUSTOMER at the time of payment.
- DELIVERY OF PRODUCTS TO THE CUSTOMER
8.1. Upon delivery of the PRODUCTS to the CUSTOMER by the carrier responsible for their transport, the CUSTOMER must check: a) that the quantity and type of PRODUCTS ordered correspond to that indicated in the transport document; b) that the packaging used for transport is intact, not damaged, wet or in any way altered, even just in the closing materials.
8.2. Any anomalies must be contested immediately to the carrier upon receipt of the PRODUCTS, by indicating them on the delivery note. In order to facilitate and speed up the procedure for checking for any anomalies by Ikigai, the CUSTOMER may write an e-mail to info@ikigaikimono.com
- RIGHT OF WITHDRAWAL
9.1. The CUSTOMER has the right to withdraw from the contract concluded with Ikigai, without any penalty and without specifying
the reason, within 14 days from the day of receipt, or collection from the store,
of the PRODUCTS purchased on the SITE, provided that the products to be returned are intact, never worn, complete with their original packaging, tags and labels as better regulated in the following point 10.4.
9.2. In case of exercising the right of withdrawal, even partial, the return of the PRODUCTS must be made in a single solution.
9.3. If the CUSTOMER intends to exercise the right of withdrawal referred to in this article, he/she must: – send a notification email to info@ikigaikimono.com, attaching the SHIPMENT CONFIRMATION sent by Ikigai and specifying in the text of the email the name of the item or items to be returned (hereinafter “RETURNED PRODUCTS”) and the reason for the return “for free withdrawal”; – according to the methods indicated by Ikigai and send, within the following 14 days from the communication of the withdrawal via email, the products to be returned c/o Address to which to send the returns:
Connie Image Consultant by Loffa Concetta Via Benricevuto di Ser Leonardo, 18 59100 Prato (PO) - Italy P.Iva IT 02418640971
9.4. All PRODUCTS are provided with identification tags, internal labels and their own packaging. Ikigai, in the event of the exercise of the right of withdrawal by the CUSTOMER, has the right not to accept the return of RETURNED PRODUCTS that are missing the relevant tags, internal labels and that have been used, worn, washed, damaged or altered in their essential and qualitative characteristics.
9.5. If the right of withdrawal is exercised following the methods and terms described in this article, Ikigai will send the CUSTOMER, via email, the relevant confirmation of acceptance of the RETURNED PRODUCTS as soon as possible and will reimburse, via banking procedure, the costs incurred by the CUSTOMER for the purchase of such products and for the related, and any, shipping and delivery costs.
9.6. In any case, the cash on delivery return method is prohibited.
- RETURN FOR DEFECTS OR DEFORMITIES OF THE PRODUCTS
10.1. Ikigai will provide, in relation to the PRODUCTS purchased by the CUSTOMER, the legal guarantee of conformity to the conditions and terms of prescription and forfeiture 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 enclosed instructions, as well as upon presentation by the CUSTOMER of the delivery note received with the same and indication of the order number.
10.2. In the case of defective products or products that do not conform to those ordered (hereinafter “DEFECTIVE PRODUCTS”), the CUSTOMER must send a notification email to Ikigai, at the address , attaching the SHIPMENT CONFIRMATION sent by Ikigai and specifying in the text of the email the name of the item or items to be returned and the reason for the return due to “defects in the PRODUCTS”.
10.3. Ikigai will – send instructions via email to proceed with the return. Ikigai will book the collection, following the agreements with the customer, no later than 14 days after the communication, via email, of the instructions for contacting the carrier; – From the moment of the return of the DEFECTIVE PRODUCTS to the assigned carrier, Ikigai exempts the CUSTOMER from any liability in the event of loss or damage to the products themselves during transport.
10.4. All PRODUCTS are provided with identification tags, internal labels and their own packaging. In the event of the CUSTOMER exercising his right of withdrawal, Ikigai has the right not to accept the return of RETURNED PRODUCTS as they are defective, are missing the relevant tags, internal labels and have been used carelessly, damaged or altered in their essential and qualitative characteristics.
10.5. If the complaint of defectiveness of the Products is exercised following the methods and terms described in this article, Ikigai will send the CUSTOMER, via email, the relevant confirmation of acceptance of the RETURNED PRODUCTS as soon as possible.
10.6. As soon as Ikigai receives the package containing the DEFECTIVE PRODUCTS, it will check the contested defects and send the CUSTOMER, via email, the relevant confirmation of receipt of the DEFECTIVE PRODUCTS and any confirmation of the defects communicated via email; consequently, Ikigai will, at its own expense, replace the DEFECTIVE PRODUCTS with others of the same model or reimburse, via banking procedure, the costs incurred by the CUSTOMER for the purchase and, if any, for the shipping and delivery of the DEFECTIVE PRODUCTS. The return costs will be borne by Ikigai.
- PERSONAL DATA PROTECTION
11.1. Ikigai guarantees the CUSTOMER that the personal data acquired in relation to the sale of the PRODUCTS will always be processed lawfully and correctly, in full compliance with the provisions of Legislative Decree 30 June 2003, n. 196 (hereinafter “DECREE”) in accordance with what is reported in the PRIVACY, published on the SITE and printable.
11.2. For any information relating to the processing of personal data, please refer to the information on data processing provided by Ikigai pursuant to art. 13 of the DECREE, to the CLIENT at the time of registration on the SITE. Please remember that the CLIENT, in case of need for further clarifications relating to the processing of personal data (article 7 of the DECREE) may contact Ikigai at the following info@ikigaikimono.com
- COMMUNICATIONS
For any assistance or complaint needs relating to the PRODUCTS purchased, the CUSTOMER may contact Ikigai at the following e-mail address: info@ikigaikimono.com
- APPLICABLE LAW AND JURISDICTION
The GTC are regulated by Italian law and in particular by the CONSUMER CODE and by the legislative decree of 9 April 2003 n. 70 relating to some peculiarities of electronic commerce.
