TERMS AND CONDITIONS
The following conditions (“Terms and Conditions”) govern purchases from the website www.iKRIX.com (the “Website”), its usage as well as all Services provided by the Website (“Services”), in compliance with Legislative Decree 70/2003 concerning IT services and e-commerce and with Part III, Title III, Section I of the Consumer Code, Legislative Decree 206/2005 and its modifications according to Legislative Decree 21/2014.
The provider of Services described in the present Terms and Conditions is the Company iKRIX S.p.A., with registered Office based in Genoa (Italy), 16149, Via Gian Domenico Cassini 12 F/R, registered in Genoa, tax code and VAT number 02225200993, share capital € 2.290.330, paid share capital € 510.330, defined in the following as “iKRIX”, certified e-mail address iKRIX@pec.it.
iKRIX can always be contacted by e-mail (info@iKRIX.com), fax (+390108178321) or phone (+390108178320).
The present Terms and Conditions don't apply to the purchase or supply of services by third parties provided on the Website by means of links, banners other hypertext links, which iKRIX cannot be held under no circumstances responsible for.
According to the business policy pursued by iKRIX the usage of its Services and the online purchase of products is allowed only to users and consumers in the form of physical persons who access the Website to purchase for purposes other than their commercial, business or professional activity (“Customer”).
These Terms and Conditions can be amended any time and they are effective since their publication on the Website. The applicable Terms and Conditions are the same in terms of validity from the date on which the order is placed on the Website.
Object of the contract
According to this contract iKRIX sells and the Customer buys the material goods displayed and purchased exclusively in the internet by means of the Website www.iKRIX.com.
The Customer commits himself to read the present Terms and Conditions and the pre-selling information which follows before confirming the proposal of purchase and to accept them by pressing the “Accept” button.
In the order confirmation e-mail the Customer will receive copy of these General Conditions for storage and backup in attachment in compliance with Art. 51, Paragraph 1 of the Consumer Code as modified by Legislative Decree 21/2014.
Precontractual information for the Customer
Before subscribing the purchase contract the Customer has to check the characteristics of the products purchased on the Website, which are displayed in each technical description accessible from each section.
Before validating the order by payment, iKRIX provides the Customer with the following information:
- a summary of the main characteristics of the goods as displayed in each technical description already checked;
- the total price of the items including taxes, shipping costs and any further expense;
- payment, delivery and procedures;
- terms for delivery by iKRIX;
- conditions, terms and procedures for returns as well as the return form as for Attachment I, Part B of the D. Lgs . 21/2014;
- the information concerning the payment by the Customer of the return shipping costs in case of application of the withdrawal right;
- the geographic address of the iKRIX Head office, its phone and fax number and e-mail address;
- the after selling Customer Support and the conformity legal guarantee of the purchased goods;
- the existence of conduct codes to which iKRIX applies;
- the possibility to apply for an extrajudicial appeal or complaint (www.risolvionline.com).
Description of the purchase process:
No registration is required to access the Website contents and to purchase.
In case the Customer wishes to register, he must click on the icon which is always visible on the header of each page, select “Create new account” and insert the requested information. All data will be used by iKRIX for the account management and /or in case the Customer declares he wishes to receive our newsletters by selecting “Subscribe newsletter”. The Customer is requested to accept our Terms and Conditions by clicking “Accept Terms and Conditions of Use”. The Customer then selcts the “Create an account” button. After concluding this procedure, he receives an e-mail at the indicated address with all account details and with a single-use link valid for 24 hours only, by means of which he chooses his password for further login operations.
The Customer views the items available on the Website, which can be seen and selected through the technical descriptions displayed on the Website by clicking the “Buy now” button.
Items which are selected by the Customer for purchase by the point and click system are inserted in the shopping cart.
An icon registering the number of items in the cart is always visible in the header of each page.
The Customer is always given the possibility to remove items from the cart and/or to modify their quantity, size and /or colour before he concludes the order process.
After viewing and checking the items inserted in the cart, the non-registered Customer continues with the purchase process by clicking the “Proceed to checkout” button, then he selects the “Proceed without an account” button. In the following screen the Customer is asked to enter following compulsory information (“Billing information”):
- e-mail address;
- full name and surname;
- Full address;
The Customer is then required to state if the inserted data is valid as “Shipping information” as well by clicking the displayed checkmark, otherwise they are asked to fill in the necessary shipping information to a different address. In case shipping onformation is different from billing information, the Customer is asked to fill in the data accordingly.
After selecting the shipping service among those available for the given Country, the Customer can proceed to checkout. The Customer enters the final screen where he can view a detailed summary of the products he has selected in the cart and all costs in details (including the shipping costs). The Customer inserts his credit card data (card number, validity, security code) and clicks on the “By clicking here you authorize payment” button.
Customer who is already registered checks the content of the cart. He then clicks the “Sign in and continue” button. The Customer has now to enter the personal e-mail address and password and to click on “Log in”. The Customer provides his billing and shipping data (if different from those already provided for previous orders).
After selecting the shipping service among those available for the given Country, the Customer can proceed to checkout. The Customer enters the final screen where he views a detailed summary of the products he has inserted in the cart and all costs in details (including the shipping costs). The Customer inserts his credit card data (card number, validity, security code) and clicks on the “By clicking here you authorize payment” button.
Before proceeding the Customer is asked to read the General Conditions which are visible at the link found under the “By clicking here you authorize payment” button. This button is activated only after the Customer declares that he has read and accepted these Terms and Conditions, allowing him thus to pay and place the order.
iKRIX will take into consideration to allow purchases to Countries which are not directly addressed by its activity.
iKRIX sends the Customer without undue delay an e-mail containing a summary of the ordered items and the ID order number.
The purchase contract is concluded when iKRIX sends the Customer an e-mail stating the that the order has been accepted and the ordered items are being prepared for shipping. The Customer finds in attachment:
- General Terms and Conditions;
- Customer's information;
- Order number;
- Information about the main characteristics of the purchased goods;
- The price of each item in details, shipping costs and taxes, payment method;
- shipping address for delivery of the order;
- right of cancellation;
iKRIX commits itself to deliver the purchased goods as soon as the Customer's payment details have been verified and approved, anyway within 30 days after sending the Customer the confirmatory e-mail.
The languages available for purchasing are English, Italian and German.
iKRIX ensures the processing and shipping of orders without delay by means of its informatic system. For this purpose iKRIX indicates the real availability of items on each technical description.
However, because of the simultaneous visit of users and of the high potential transaction operations, items presented on iKRIX.com might no longer be available when the Customer places an order.
iKRIX will communicate immediately and within 30 days after the order has been placed how long it will take to receive the requested good. In such case iKRIX will ask the Customer if he still intends to confirm the order, or it will communicate the unavailability of the ordered goods and it will refund the payed amount to the Customer without undue delay.
Even after sending the order confirmation e-mail it may happen that items are partially or totally unavailable. In such case The Customer will be immediately informed per e-mail and he will be refunded without undue delay. The contract will have thus legally expired.
Prices displayed on the Website are expressed in Euro and include VAT.
Shipping costs are not included in the displayed purchase price since they are indicated when the Customer selects the shipping service available for the give address.
Customers accept iKRIX right to modify prices any time. Anyway the price of purchased items will not be altered and will be indicated in the summary displayed before the Customer submits the order.
In case of errors which cause a substantial modification of purchase price so that it becomes clearly excessive or insignificant, the purchase order placed by the Customer will be cancelled and the payed prices will be refunded without undue delay and within 14 days after cancellation.
Payment by credit card only is accepted.
All costs will be charged when iKRIX sends the Customer the confirmation e-mail stating that the order has been accepted and that the purchased goods are being prepared for shipping.
All communications to the Customer concerning payment data are processed through specific protected transaction paths managed by Banca Sella.
Products are delivered by express courier to the address indicated by the Customer and by means of the shipping service selected by him.
In particular, the Customer selects the shipping service (Standard or Express) among those available for the Coutnry to which he wishes the goods to be delivered. All details can be found in the “Shipping” section.
Delivery is operated by DHL or UPS according to the Country selected for shipping.
Cancellation right and returns
Customers have the right to withdraw from the contract, without any fee and without providing reasons within 14 days. The cancellation period expires 14 days after Customers receive the order or, in case of multiple purchase within the same order, 14 days after Customers receive the last item.
Customers willing to withdraw from the contract has to give communication of this to iKRIX before the end of the cancellation period by means of a clear statement of his decision to withdraw from the contract. This statement can be sent by certified mail to iKRIX S.p.A., Via Gian Domenico Cassini 12 F/R, 16149 Genova or by e-mail, to the address email@example.com
Customers can use the Cancellation Form as for Attachment I, Part B of Legislative Decree 21/2014 (not compulsory) to give written notification.
Customers must return items to the address which will be communicated by e-mail without undue delay and within 14 days after his statement of cancellation. Terms have been respected if Customers return the goods before the expiring date of the 14-days period.
After iKRIX has authorized the return, the Customer has to send the goods by express courier. Customers from the European Union can contact any express courier, paying the return costs directly to it. Customers book a pick up at their address and give the parcel to the courier. Customers are asked to notify by e-mail the shipping and to communicate the tracking number of the parcel with the returned goods to the address firstname.lastname@example.org.
In case Customers ship the return from outside the European Union, they must contact an express courier which offers tracked shipping and which allows to pay in advance for duties (DDP – Delivery Duty Paid). iKRIX recommends to use a safe international express courier such as DHL. Customers book a pick up at their address or deliver the parcel to the nearest courier office, where they pay all shipping costs in advance, requesting DDP service if noticed. Customers are asked to notify by e-mail the shipping and to communicate the tracking number of the parcel with the returned goods to the address email@example.com.
The Customer is responsible for parcel delivery and ikrix.com will not refund any lost or non-traceable parcel.
iKRIX makes clear that all direct costs for returns (shipping and duties) are charged to the Customer.
In case the Customer does not respect terms and modality to withdraw from the contract given above, iKRIX has faculty not to accept the returned goods and it will not take charge of any costs connected to it.
Returned goods must be intact and must present all labels (including the ID label which must not be removed), in the original packaging, complete in all parts and accessories and with all billing documents included. iKRIX only accepts returns from the same Country to which the order was originally delivered.
Customer is responsible for a decrease of the goods price depending on an unappropriate handling to establish their nature, their characteristics and functioning, different from the authorization provided by iKRIX. In particular, items must not have been used, modified, worn and/or washed.
BIJOUX AND JEWELS
Returns for earrings of any sort will not be accepted.
After the goods have been received, iKRIX will test their integrity/non-alteration and the correct application of the cancellation right by the Customer. In case of positive response, iKRIX will refund all payments without undue delay and within 14 days, included shipping costs (except for supplementary costs deriving from the choice by the Customer of a delivery modality different from Standard shipping offered by iKRIX).
In compliance with art. 56, paragraph 3 of Legislative Decree nr. 206/2005, as modified by Legislative Decree 21/2014, iKRIX has the faculty to suspend the refund until the reception of the goods or until the Customer demonstrates that he has returned the goods.
Costs will be refunded by the same payment method used by the Customer for the initial transaction, except for different agreements. Please note that refunds to credit cards can take up to 30 working days to show on your account due to varying processing times of credit card providers.
Otherwise, in case goods are proved not to be intact or in case they have been altered, iKRIX has the faculty not to refund the total amount payed for the purchase.
In such case Customers don't have right to the total refund of the payed prices but to a percent of the payed amount, which will be communicated by e-mail without undue delay to the Customer, after the determination of the decrease of the goods' value according to its condition when returned to iKRIX.
The Customer can opt for the return of the goods on his account within 14 days after receiving the refund percent proposal by iKRIX.
Customers can request to exchange the purchased items only with the same items in a different size and/or color.
Customers must contact our Customer Care(firstname.lastname@example.org) for their exchange requests. iKRIX will accept to exchange goods only if the new product is available. In such a case, the Customer will have to follow the return shipment procedure described in the above 'Returns' paragraph.
Once iKRIX will have received the product to be exchanged, iKRIX will send the replacement item to the Customer. Shipping costs for the delivery are paid by iKRIX. In case the Customer is based outside the European Union, he/she will only pay taxes and duties on the new item.
Guarantees and Customer Support
Products displayed for purchase at www.ikrix.com are provided to iKRIX by producers and resellers selected among the most qualified operators in Italy and worldwide.
Technical descriptions displayed on the Website contain a summary of the essential characteristics of products.
There might be errors, approximations or slight differences between descriptions displayed on the Website and real products. iKRIX commits itself to correct them as soon as possible since their notification. Moreover, all photographs of the products displayed are not part of the contract because they are used for representational purposes only.
iKRIX commits itself for each non-conformity which should arise within two years since delivery of the goods.
The Customer looses each right to be refunded unless he notifies the fault within two months after discovering it. No notification is needed if the Seller aknowledges the existence of the fault or has hidden it.
In any case, unless evidence of the contrary is provided, it is assumed that non-conformity faults which arise within six months after the goods have been delivered already existed at that moment, unless this possibility is incompatible with the nature of the goods or with the kind of non-conformity fault.
In case of non-conformity fault the Customer can ask, in alternative and without expenses, under the under given conditions, for the purchased goods to be mended or changed, for a reduction of the purchase price or the conclusion of the present contract, unless the request is clearly not applicable or it is too expensive.
A written request has to be sent by certified mail with return receipt or by e-mail to iKRIX, including all billing documentation generated by iKRIX.com, which will declare its availability to accept the request or will state the reasons for the impossibility to proceed, within seven days after receiving the request itself.
In the same communication, in case that iKRIX accepts the Customer's request, iKRIX shall indicate the shipping or the return modality as well as the deadline to be respected for returning or changing the faulty goods.
In case it is impossible to mend or to change the goods or this results to be too expensive, or iKRIX hasn't provided to mend or change the goods within the deadline given above, or in the end the change or repair service previously provided have caused great inconvenients to the Customer, the Customer has the faculty to choose between a substantial discount on the original price or the withdrawal from the contract.
In this case the Customer has to inform iKRIX about his decision and iKRIX will state his availability to proceed or will state the reasons for the impossibility to proceed, within seven days after receiving the request itself.
In the same communication, in case that iKRIX accepts the Customer's request, he shall indicate his discount proposal or the return modality of the faulty goods. In that case the Customer shall indicate the refund modality for the previously payed amounts.
Conventional guarantees concerning the purchased items, whose existance and validity are specified in their technical description, are directly provided by the producer or reseller.
Communication and claims
All written communication addressed to iKRIX and claims will be recognized as valid if sent by mail to the following address: iKRIX S.p.A., Via Gian Domenico Cassini 12 F/R, 16149 Genova, or by e-mail to the following address: info@iKRIX.com.
The Customer has to declare in the registration form a valid address, a telephone number and an e-mail address (which is compulsory information) at which he wishes to receive communication by iKRIX.
Limitation of responsibility
iKRIX is not liable for any inefficiency due to circumstances beyond one's control or to chance, also connected to a malfunctioning of the Internet, in case it cannot process the order within the terms given in the contract.
iKRIX is not liable for damages, losses and costs on Customer's account deriving from the failed execution of the contract for causes which do not depend on iKRIX and the Customer only has right to the refund of the payed amount and of the extra expenses caused to him.
iKRIX is not liable for fraudulent or illegal use of credit cards, while purchasing our products, by third parties, if iKRIX is able to demonstrate that it has made use of all possible protections available in that time and according to ordinary care.
In no case will the Customer be responsible for losses or mistakes in the payment process if he can demonstrate that he has executed the payment according to times and modalities indicated by iKRIX.
Privacy and treatment of Customers' personal data
iKRIX protects all data concerning its Customers and makes sure that data treatment fulfils the requirements provided by privacy regulations contained in Legislative Decree 196/2003.
All personal and fiscal data acquired directly by iKRIX or by means of a third party on behalf of iKRIX is stored in printed, informatic, telematic format according to their treatment modality, in order to register the order and to activate all procedures for the execution of the present contract and all necessary communication to the Customer, besides the fulfilment of eventual legal requirements, as well as to enable an efficient administration of commercial relationships in order to process the required service in the best way.
Storage of contracts
Every order placed by the Customer is stored in electronic format on iKRIX's server, according to principles of privacy and safety.
The Customer commits himself to print and to store the present contract once the online purchase procedure has been concluded.
Pre-contractual information and information contained in the General Conditions have already been viewed and subscribed by the Customer, who aknowledges it, since this is a compulsory step before confirming the purchase procedure.
The Customer has the right to access the Website to check and verify the processing of his orders. It is not allowed any other use, in particular for commercial purposes, of the Website and of its content. The Website on the whole and in its single parts composing it and the connected applied technology are a property of iKRIX and are protected by the right of intellectual property.
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Its is possible to disable cookies by means of the browser's settings.
Cookies disactivation may cause a malfunctioning of the Website and/or a limitation of the service offered.
The present General Conditions are governed by Italian law.
In case of controversy with a Customer, iKRIX guarantees its participation to an attempt to solve it with a friendly solution which the Customer will promote in front of RisolviOline, an institutional and independent service provided by the Arbitral Court of the Chamber of Commerce of Milan, which allows to reach a satisfactory agreement by means of a neutral and competent mediator in a friendly and safe way.
If the parts are willing to proceed by means of the ordinary Judiciary Authority, the controversy will be exclusively treated by the Tribunal of the effective Customer's residence.