Terms and Conditions of Sale
Definitions:
Retailer
Digital legal shop accessible at www.kocksendoscopy.com and www.kocksendoscopy.it which carries out the activity of distance selling of movable goods and services with the following name:
Kocks S.r.l.
Via F.lli Rosselli, 17/19
31020 Fontane di Villorba (TV) ITALY
VAT 02495530269 - R.E.A. TV 213864
Companies Reg TV 02495530269
Share Capital Euro 37.440,00 Fully payd up
Hereinafter referred to as The "Retailer".
Shop
Digital environment made up of pages and tabs dedicated to the presentation of products offered for sale by the Retailer and including purchase, payment and delivery procedures for the products selected by the Customer. Hereinafter referred to as The "Shop".
Customer
Natural or legal person who buys products made available by the Retailer in the Shop. henceforth referred to as the Customer.
Registration
Procedure available in the appropriate section of the Shop through which the Customer provides the contact and tax information necessary for the purpose of Concluding The Contract. Hereinafter referred to as "Registration".
Order
List and quantity of products requested by the Customer using the procedures made available by the Retailer through the Shop. hereinafter referred to as the Order.
Email box
The email address provided by the Customer at the time of Registration and necessary for Concluding the Contract and for all communication relating thereto. Hereinafter referred to as the "Email box".
Contract
Contract between the Retailer and the Customer in the context of a distance selling system organised by the Retailer which, for this Contract, uses the distance communication technology known as the "Internet". The terms and conditions of sale contained therein shall remain effective until changed by the Retailer. Any changes to the terms and conditions of sale shall be effective from the time they are published on the Shop and shall apply to Contracts concluded from that time onwards. Hereinafter referred to as the "Contract".
Concluding
Concluding the Contract takes place when, following the guided procedures of the Shop, the Customer completes the purchase of the good. Hereinafter referred to as "Concluding".
Terms and Conditions of Sale: Sales prices and purchasing methods
All sales prices of the products displayed and indicated in the Shop are exclusive of VAT and all other taxes (unless otherwise indicated). If transport is envisaged, the cost will be duly highlighted on the relevant page and/or sheet that the Customer will take care to view before confirming the Order; in the event of delivery abroad, any additional costs due to taxes or duties provided for by the regulations in force in the country of destination will be borne by the Customer. The Customer is also responsible for all transport costs both in Italy and abroad. Contract Concluding is only possible by the precise completion of the Registration procedure, in which the Customer also accepts these terms and conditions of sale, as a step subject to the completion of the Registration procedure. The Customer may pay for the Order using only the payment methods available in the Shop.
Product availability
The Retailer shall notify the Customer via the Email Box if an Order exceeds the quantity of products available in the Shop, providing the Customer with information regarding the orderability and waiting time necessary for the shipment of the excess products. The Customer shall notify the Retailer of its wish to confirm or cancel the Order no later than 3 working days after receipt of the notification. In the absence of communication from the Customer within the specified time limits, the Order shall be deemed confirmed for the quantities of goods available in the Shop.
Delivery of goods and claims for damage in transit.
In order to speed up the delivery of the goods, the Customer may send the Retailer a copy of the bill of payment. The express courier delivers at street level. Any deliveries to the Customer' s floor must be expressly requested in writing to the Retailer, who will provide a cost estimate, which must be confirmed by the Customer at least 24 hours before the date of dispatch. In the absence of confirmation from the Customer, the Order will be delivered at street level. At the time of delivery, the Customer undertakes to check the integrity of the packaging and the goods delivered. In the event of damage to the packaging and/or the goods as a result of transport, the Customer shall report this to the courier and sign the delivery document with the wording: "subject to verification", also stating the type of damage found in the delivery document. Within 3 days of delivery, the Customer also undertakes to report the problem to the Retailer, by sending a copy of the section of the transport document with the above-mentioned wording and photos of the damage. The Retailer will, after verification, open a complaint file with the courier, who must reply within 30 days. The Retailer will not accept any claim for damage in transit if the Customer is not able to provide a copy of the transport document with the above details.
Terms of payment
For the payment methods, among those made available by the Shop, which provide for a deferred payment (so-called Bank Transfer) the Customer undertakes to pay the amount of the Order within 24 hours from Concluding the Contract, otherwise the products associated with it will be made available again for sale in the Shop, not guaranteeing their subsequent availability. For products manufactured and/or customised at the specific request of the Customer, the latter undertakes to pay the amount of the Order in advance of Concluding the same, otherwise, the Customer may be charged, in addition to the costs of the products, the costs of recovery and any legal interest accrued.
Warranty and Extension of Warranty
The warranty provided on new products is as provided for by current Italian legislation. The warranty period for used products is three months and for refurbished products six months. If the Customer so requests, the warranty period may be extended. The Retailer shall provide a copy of the extended warranty agreement and the cost to be borne by Customer for such an extension. It is advisable to keep a copy of the extended warranty agreement, whether on paper or digitally, as this document sets out all the conditions relating to the extended warranty. Extended warranties may be purchased and used in conjunction with products held in Italy, the Vatican City and the Republic of San Marino.
Obligations of the Customer
Once the Customer has at the point of Concluding the Contract, it undertakes and is obliged to print and keep these general terms and conditions, which, moreover, it will have already viewed and accepted as an obligatory step in the Registration procedure, and which can in any case be found by following the links to "Terms and Conditions of Sale" available in the Shop. It also undertakes to ensure the preservation of the specifications of the product(s) covered by the Order. It is strictly prohibited for the Customer to enter false, and/or invented, and/or fictitious data in the Registration procedure necessary for Concluding the Contract process. The personal data and the Email Box must only be your own real personal data and not of a third party. Multiple Registrations corresponding to the same person are expressly prohibited. The Retailer reserves the right to prosecute any violation and abuse, in the interest and for the protection of all consumers.
Right of withdrawal and complaints
The Customer Consumer (pursuant to the provisions of the Consumer Code in force in Italy) who, for any reason, is not satisfied with the purchase made, has the right to withdraw from the Contract concluded, without any penalty and without specifying the reason, within and no later than 14 working days from the Contract's Concluding. Withdrawal must be made by sending a registered letter with acknowledgement of receipt or a certified email within the aforementioned period to the address of the Retailer. Within the same period, a telegram, fax or email may be sent to the contact details of the Retailer followed within 48 hours by the aforementioned registered letter with acknowledgement of receipt or certified email confirming the withdrawal. The Customer Consumer will not exercise the right of withdrawal for products made to measure or personalised or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly. Sealed products and/or products that are intended for hygienic and/or medical use are also excluded from the right of withdrawal. Within the aforementioned period of 14 days, all the goods purchased must be returned to the Retailer intact, in their original packaging, complete with all accessories and any manuals, software with intact seals, without any defects. The Customer undertakes to package the goods in such a way as to guarantee adequate protection during transport and to bear the shipping costs. The Retailer, receiving the returned goods, shall forward the amount paid by the Customer within thirty days, excluding the costs incurred to restore the goods in the event of damage due to unsuitable packaging or to the absence of accessories and/or manuals contained in the original packaging. It will be the responsibility of the Customer promptly to provide the bank details to which to obtain the refund transfer. (Code for ABI, CAB, Current account, IBAN).
Contractual termination
The Retailer is entitled to terminate the Contract by giving the Customer simple notice, in which case, the Customer shall only be entitled to a refund of any sum already paid.
Jurisdiction and Competent Court
Any dispute relating to the application, performance, interpretation and breach of a Contract brought by the Customer to its Concluding in the Shop shall be subject to Italian jurisdiction. Any disputes between the parties in respect of this Contract shall be settled by the Court of the residence of the Retailer.