General conditions of Sale
(pursuant to Chapter I, title 3, part 3, of Legislative Decree 206/2005 and subsequent amendments and additions)
1. Introduction and effectiveness of the General Conditions of Sale
These General Conditions of Sale (hereinafter, "General Conditions") have as their object the regulation of the remote sale of products and services made available, via the internet, on the website www.kucino.it (hereinafter, the "Site ") and the relative payment and delivery, in compliance with the Italian legislation referred to in Legislative Decree 206/2005 and subsequent amendments and additions (hereinafter," Consumer Code ").
The seller of the products and owner of the Site is: KUCINO di Rouhsdy Farag Emile with registered office in Viale Nizza, 11, 67100 L'Aquila (AQ), VAT no. n. 01900310663, REA: AQ - 129713 - (hereinafter "Kucino").
The person who accesses the Site to make purchases (hereinafter "Customer") is required, before sending the order, to carefully read these General Conditions - which constitute a binding agreement - made available to him on the Site and which will be which can be consulted at any time by the Customer also through the link contained in the confirmation email of each order to allow them to be reproduced and stored.
In the event that the person making purchases on the Site requests an invoice and / or in any case is not a "consumer or user" as defined in art. 3, paragraph 1, lett. a), of the Consumer Code, the withdrawal regulations pursuant to art. 7 and 8 of these General Conditions nor, more generally, the provisions that pursuant to the same Consumer Code apply only to "consumers".
Contracts concluded with Kucino through the Site are governed by these General Conditions in compliance with Italian law.
The characteristics and the price of the various products for sale on the Site (hereinafter "Product" or "Products") are shown on the page relating to each Product.
To purchase the Products, the Customer must complete and send the order form in electronic format, following the instructions contained on the Site. The Customer must add the Product to the Cart and, after having read these General Conditions and the Privacy and confirmed their acceptance, you will have to enter the shipping and billing data, select the desired payment method and confirm the order.
The contract stipulated between Kucino and the Customer must be considered concluded with the acceptance of the order by Kucino. This acceptance will be communicated to the Customer by e-mail confirming the order itself containing a reference to these General Conditions, the order number, the list of Products ordered with their essential characteristics, the total price - including delivery costs - and the payment method used and the type of shipment.
The Customer must check the confirmation email and if he identifies errors in the order (billing or shipping address, contact information or similar) he will have a pre-established time limit from the receipt of this email to contact Kucino directly from the Site. This time limit will be 2 hours. In no case will it be possible to accept requests for changes to the contents of the cart. After this deadline, the order will be processed for shipment and changes will no longer be accepted, without prejudice to the rights of the Customer referred to in article 7 below.
Upon receipt of the order, Kucino reserves the right to verify the actual availability of the products ordered; therefore an order that contains an article that has become no longer available in the meantime, even if erroneously available, is to be considered void and you can choose between a refund or a variation of the article.
In case of one or more missing products, Kucino will not charge the relative price. In the event that the payment of the order has been made by bank transfer, the refund will be made in the manner described in point 5.2 of these General Conditions.
3. Product Information
The information and characteristics relating to the Products are available, with the relative Product codes, on the Site. It is understood that the information of the Products delivered may be different from that reported on the Site for reasons not attributable to Kucino (eg changes made by manufacturer on the Product), therefore it is always necessary to check the label and the information on the delivered Product. Kucino assumes no responsibility for the information reported on the Products by individual suppliers.
The visual representation of the Products on the Site, where available, normally corresponds to the photographic image accompanying the description sheet. It is understood that the image of the Products themselves has the sole purpose of presenting them for sale and may not be perfectly representative of its characteristics and quality but may differ in graphics, color and size. In the event of a difference between the image and the written product sheet, the description of the product sheet always prevails.
Kucino declines all responsibility in the event that, due to a configuration of your computer, the photographs, characteristics and colors of the products are slightly different from the original ones.
Product prices are inclusive of all taxes and duties. All prices are expressed in Euros.
4. Standard Delivery in Italy:
The shipment is managed with standard delivery methods. Delivery costs are displayed directly at the checkout (in Euros and inclusive of VAT), before confirming the order.
4.1. Standard Delivery Abroad:
For shipments abroad, the Standard Delivery service is available. Delivery costs are displayed directly at the checkout (in Euros and inclusive of VAT), before confirming the order.
4.2. Pickup in store
An in-store collection service is also available, by making an appointment 24 hours in advance.
5. Methods of payment and invoicing
5.1. Payment methods
The Customer can pay the price of the Products and the related delivery costs by PayPal and by bank transfer.
Once the order is confirmed, the Customer will be redirected to the PayPal site where he can make the payment using his account, a card (even prepaid) or in any case according to the methods accepted by PayPal and in compliance with the relative conditions.
The Customer must make the transfer within 3 days from the order date for orders relating to Products. If the payment does not occur within 3 days, the order will be canceled.
Reason: the Customer must indicate the date and order number in the reason for the transfer, which can be found in the confirmation email (eg "Order 01/01/21 n. 100012345").
In the event of a refund, this will be done using the same payment method used by the Customer for the order, unless the latter has expressly requested a different method. The refund will be made within 10 working days of Kucino accepting the refund.
In case of bank transfer, the Customer will be responsible for providing the bank details on which to obtain the reimbursement (account holder, name and address of the Bank, IBAN). In this case, the refund will be made within 10 working days of receiving all the information necessary for the payment of the sum.
The re-credit to the Customer's account will take place in a short time, according to the timing provided by the payment method selected or by the bank.
5.3 Invoicing of orders
If the Customer so desires, it will be possible to request an invoice by selecting the appropriate box during the order procedure and entering the billing data including tax code and / or VAT number, any company name and SDI Recipient Code. In this case, the invoice will be sent to the customer's tax drawer, according to the law. The customer is responsible for the correct insertion of billing data and is expressly informed that, in case of failure to request the invoice during the order, it will not be possible to request it later.
6. Transport and delivery
The Products purchased on the Site are delivered to the address indicated by the Customer during the purchase procedure in the appropriate "Shipping Data" field.
Delivery is made from Monday to Friday; public holidays and national holidays are always excluded. Kucino is not responsible for unforeseeable delays or not attributable to it or for any damage, loss, cost, incorrect and / or non-delivery of the Products due to force majeure or unforeseeable circumstances (eg natural disasters, adverse weather conditions, strikes , accidents etc.)
Once the Products have been shipped, the Customer will receive an email confirming the shipment.
6.1 Delivery - Active services in Italy:
The service includes 2 delivery attempts at the address indicated at the time of the order. A notice will be left after each step. On the second unsuccessful delivery attempt, or in the case of incorrect address details, the Courier will contact the recipient by telephone at the telephone number indicated in the order, to arrange delivery. If this is not traceable or is absent, the goods will return to the warehouse and the Customer will be charged for the delivery costs of the Products.
6.2 Standard Delivery - Services active Abroad:
Shipments abroad can be made with different couriers depending on the country of destination.
Countries where the service is active: Austria, Belgium, Bulgaria, Croatia, Denmark, Estonia, France, Germany, Greece, Ireland, Latvia, Lithuania, Luxembourg, Holland, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Spain (except the Canary Islands and Ceuta and Melilla), Sweden, Hungary.
There is currently no delivery in the UK.
7. Right of withdrawal
The Customer has the right to withdraw from the purchase contract for any reason, without the need to provide explanations and without any penalty, except in the cases of exclusion provided for in point IV below. To exercise this right, the Customer must send Kucino a communication within 14 days from the date of receipt of the Products or, if he intends to exercise the withdrawal before having received the Products, the notice of withdrawal may be sent at any time prior to their receipt. .
This communication must be sent by registered letter with return receipt and / or fax, addressed to:
Kucino by Roushdy Farag Emile
Viale Nizza 11
67100 L'Aquila (AQ)
Subject: Returns / Refunds
Once the communication has been received, the Kucino Customer Service will open a file for the management of the return and communicate to the Customer the instructions on how to return the Products, which will take place by courier indicated by Kucino itself.
The right of withdrawal is governed by the following conditions:
I. The law applies to the Product purchased in its entirety; therefore, if the Product is composed of several components or parts, it is not possible to exercise the withdrawal only on part of the purchased Product.
II. In case of exercise of the right of withdrawal, Kucino will refund the customer the full amount of the returned goods, including shipping costs where applicable, without prejudice to Kucino's right to suspend payment of the refund until the actual receipt of the goods. The reimbursement will take place in the manner described in point 5.2 of these General Conditions.
III. Also in order to guarantee the free return pursuant to article 8 below, the Products must be returned in the same box in which they were received.
IV. In addition to the cases indicated in the Introduction (customer who is not a consumer and / or who requests an invoice), the right of withdrawal is excluded in the following cases, pursuant to art. 59 of Legislative Decree 21/2014:
- order of products made to measure or clearly personalized;
- order of Products that risk deteriorating or expiring rapidly;
- order of sealed Products which cannot be returned for hygienic reasons or related to health protection or which have been opened after delivery.
With reference to the cases of exclusion of the withdrawal listed above, the Customer, in particular, is informed and accepts that these include all food products (including wines, spirits and beverages), as the characteristics and qualities of these types of products are subject to alteration also as a result of inappropriate storage. Therefore, for reasons of hygiene and customer protection, the right of withdrawal is only applicable for Products purchased on the Site that can be returned to Kucino and put back on the market without endangering the health of consumers.
8. Cancellation, postponement or modification of the delivery address of the order
The Customer may cancel, postpone or request a change of the shipping address of the order within two hours. After this deadline, the order will be processed and it will no longer be possible to request cancellation or change of shipping address.
The Customer must contact Customer Service directly from the Site using the appropriate contact form accessible in the area dedicated to Customer Service.
Kucino reserves the right to cancel the order in the event of unforeseeable difficult situations, informing the Customer by email, or, upon agreement with the same, changing the day and / or time of delivery.
9. Warranty and lack of conformity
In case of lack of conformity of Products sold by Kucino, the Customer must immediately contact Customer Service using the appropriate contact form accessible in the CONTACT US section on the site. The legal guarantees provided for in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. The Customer has the right, at his choice and on condition that the type of Product allows it, to restore, without charge, the conformity of the Product by replacement, or to an adequate reduction in the price or to terminate the contract.
The Customer loses these rights if he does not report the lack of conformity to Kucino within two months from the date on which he discovered the defect, provided that it is not a Product which by its nature is perishable or subject to expiration within a period. shorter, in which case the defect must be reported within this shortened term.
10. Errors and Limitations of Liability
The information relating to the Products provided through the Site is constantly updated. However, it is not possible to guarantee the complete absence of errors for which Kucino cannot therefore be held responsible, except in the case of willful misconduct or gross negligence.
Kucino reserves the right to correct errors, inaccuracies or omissions even after an order has been sent, or to modify or update information at any time without prior notice, without prejudice to the Customer's rights under these General Conditions and of the Consumer Code.
Except for willful misconduct or gross negligence, any right of the Customer to compensation for damages or the recognition of compensation is excluded, as well as any contractual or extra-contractual liability for direct or indirect damages to persons and / or things, caused by the non-acceptance or evasion, even partial. , of an order.
Any complaint must be forwarded to Kucino using the appropriate contact form accessible directly on the Site in the CONTACT US section or by registered letter with return receipt to the following address:
Kucino by Roushdy Farag Emile
Viale Nizza 11
67100 L'Aquila (AQ)
Subject: Complaints Office
12. Online Consumer Dispute Resolution (ODR)
Pursuant to art. 14 of Regulation 524/2013, the user is informed that in the event of a dispute, he or she may submit a complaint via the ODR platform of the European Union which can be reached here. The ODR platform constitutes an access point for users who wish to resolve disputes arising from online sales or service contracts out of court.
13. Applicable law and competent court
The sales contract between the customer and Kucino is concluded in Italy and governed by Italian law. For the solution of disputes relating to the interpretation, execution or resolution of these General Conditions or individual purchase orders, the Court of L'Aquila will have exclusive jurisdiction; any other competent court excluded.
Pursuant to article 1341 of the Italian Civil Code the Customer declares to have read and specifically accept these General Conditions of sale.