GENERAL TERMS AND CONDITIONS OF SALE

1. PREAMBLE

This document (together with the documents referred to herein) contains the conditions governing the use of this website (www.kangra.it) and the purchase of the products contained therein (hereinafter referred to as the ‘Conditions’).

Please read these Terms and Conditions, the Cookies Policy and the Data Protection Policy (hereinafter collectively referred to as the ‘Data Protection Policy’) carefully before using this website. We also inform you that the use of this website or the transmission of an order through this website implies the acceptance of these Conditions and the Data Protection Policies. If you do not agree with all of these Conditions and Data Protection Policies, please do not use this website.

Amendments and updates to the Conditions shall be published on this website as soon as they are adopted and shall be binding from the time of their publication on the website and applicable only to orders placed from the day of their publication.

Please print a copy of the Conditions and/or store them on a durable medium.

We offer for sale, on this site, products and perform the activity of electronic commerce exclusively for our end users who are ‘consumers’.

Consumers’ means natural persons who access this site for purposes not related to their own commercial, entrepreneurial or professional activity, if any.

If you are not a ‘consumer’, please refrain from concluding commercial transactions on this site.

We therefore reserve the right not to process orders from persons other than ‘consumers’ or orders that do not comply with our commercial policy.

These Conditions exclusively govern the offer, submission and acceptance of purchase orders for products on this website.

On the other hand, the Conditions do not regulate the provision of services or the sale of products by parties other than the Seller (as defined below) that are present on this site through links, banners or other hypertext links. We advise you, before placing orders and purchasing products and services from parties other than the Seller, to check their terms and conditions, because the Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce transactions between the users of this website and third parties.

If you have any queries, doubts or questions regarding the Terms and Conditions and the Data Protection Policy, you can contact us by e-mail at bologna@kangra.it.

2. OUR GENERALITIES

The offer and sale of products through this web site is made by Hadam’s Creazioni srl, with registered office in Reggio Emilia (RE), Via Erio Benassi 4/A, share capital 1,200,000.00 i.v., C.F. and P.I.V.A. 00494460355, REA No. 136469/RE (hereinafter the ‘Seller’), e-mail address hadams@hadams.it. or telephone number +39 (0)522301847 where to contact us. This data can also be found on this website.

3. YOUR DETAILS AND YOUR ACCESS TO OUR WEBSITE

The information or personal data provided by you will be processed in accordance with the Data Protection Policy. By using this website, you authorise us to process such information and personal data and you declare that all information and/or personal data provided to us is accurate and true.

4. USE OF OUR WEBSITE

Access to and use of this website, including viewing the web pages, communicating with us, downloading product information and purchasing the same, constitute activities conducted by our users exclusively for personal use unrelated to any commercial, entrepreneurial or professional activity. You are solely and exclusively responsible for your use of this site and its contents.

You may therefore not hold us liable for any use of the website that does not comply with applicable law.

As any material will be downloaded or otherwise obtained through the use of the service at your own choice and risk, any liability for any damage to computer systems or loss of data resulting from downloading is your responsibility and shall not be liable to us. We shall not be liable for any damage resulting from inaccessibility to the services on the site or from any damage caused by viruses, damaged files, errors, omissions, interruptions in service, deletion of content, problems connected with the network, providers or telephone and/or telematic connections, unauthorised access, alteration of data, failure and/or malfunction of your electronic equipment.

You must, in particular, avoid any misuse of this website and avoid the introduction of viruses, Trojan horses, worms, logic bombs or other programs or materials that may cause technological damage. If unauthorised, you shall not access the website or the server on which it is hosted or any other server, computer or database relating to our website. You agree not to engage in DoS attacks against this website.

Failure to comply with this clause may result in violations as defined by the relevant legislation. In the event of non-compliance with the aforementioned legislation, we will inform the competent authorities with whom we will cooperate to identify the perpetrators of the attack. Likewise, in the event of non-compliance with this article, your authorisation to use the website will be immediately withdrawn.

You are responsible for the safekeeping and proper use of your personal information, including the credentials that allow access to the reserved services, as well as for any damaging consequences or prejudice that may be suffered by us or by third parties as a result of the incorrect use, loss or theft of such information.

By using this website and/or placing orders through it, you agree to:

1. 1. legalmente validi;
   2. (ii) not to place false or fraudulent orders. If we reasonably believe that an order of this nature has been placed, we shall be entitled to cancel it and inform the competent authorities;
   3. (iii)provide us with your e-mail address, postal address and/or other contact details truthfully and correctly. You also consent to our use of this information to contact you (where deemed necessary).

If you do not provide us with all the information we need, we will not be able to process your order.

By placing an order through this website, you warrant that you are of legal age, i.e. that you are at least eighteen years old and possess the legal authority to enter into contracts.

Where our site contains links to other pages or materials of third parties, such links are provided for your information only, and we have no control over the content or materials contained on those pages or sites. We therefore accept no liability in the event of any damage or loss resulting from their use.

5. WEBSITE CONTENTS

We have taken every precaution to prevent the publication on this website of content describing or depicting scenes or situations of physical or psychological violence or such that, according to the sensitivity of the users, may be considered harmful to the beliefs, human rights and dignity of individuals. However, should such content be deemed unlawful or illegal in certain countries, please refrain from accessing this website and should you choose, in any event, to access it, we inform you that your use of the services provided will be your sole and personal responsibility. We have taken every reasonable precaution to ensure that the content of this website is accurate and does not contain any incorrect or out-of-date information. However, we do not accept any liability for the accuracy and completeness of the content of this site, except for liability for wilful misconduct and gross negligence and except as otherwise provided by law.

6. SERVICE AVAILABILITY

The articles offered on this website are only available for delivery within Italy and Europe.

7. PRODUCT INFORMATION

On this website we offer for sale exclusively products bearing the KANGRA brand name.

We do not sell second-hand articles or articles of lower quality than the corresponding standards offered on the market.

Our products, especially those made by hand, exhibit the natural characteristics of the materials used in manufacture. Natural characteristics such as grain, surface texture, knots or colour variation are not to be understood as imperfections or defects. On the contrary, the lack of uniformity due to the use of natural raw materials must be expected and appreciated. We only select products of the highest quality, but these types of variations are unavoidable and must be accepted as part of the characteristic appearance of the product.

The essential characteristics of the products are presented on this website within each product sheet. However, the images and colours of the products offered for sale on this website may not correspond to the real ones due to the effect of the Internet browser and monitor used.

8. MODALITIES FOR THE CONCLUSION OF THE CONTRACT

The information in these Conditions and the details contained on this website do not constitute an offer to the public, but merely an invitation to make a contractual proposal. No contract will exist between you and us until your order has been explicitly accepted by us. If your offer is not accepted and a debit has already been made to your account, the amount of the debit will be returned to you in full.

Before proceeding with the placing of an order, through the transmission of the order form, you will be asked to read these Conditions carefully, to print a copy through the print command and to save or reproduce a copy for your personal use. We will also provide you with a summary of the commercial and contractual conditions that we propose for the purchase of the products, which contains a reference to these Conditions and a summary of the information on the essential characteristics of each product ordered, the means of payment that you can use to purchase each product, the delivery methods of the products purchased, as well as our references and geographical and e-mail address and the approximate date of delivery of the products. We will also provide you with a summary of the conditions and modalities for exercising your right of withdrawal and the modalities and timeframe for returning the purchased products.

By submitting the order form electronically, you unconditionally accept and undertake to observe these Terms and Conditions and the further information contained on this site, also referred to via links, including the Privacy Policy.

To place an order, you must fill in the order form electronically and send it to us, electronically, following the relevant instructions.

You will then receive an e-mail confirming receipt of your order (the ‘Order Confirmation’). It is understood that this will not imply acceptance of your order as the same constitutes an offer that you make to us for the purchase of one or more products. All orders shall be subject to our approval of which you will be informed by an e-mail confirming that the order is being shipped (the ‘Shipment Confirmation’).

We recommend that you keep the e-mail received or store it on a durable medium.

The contract for the purchase of one or more products between us and you (the ‘Contract’) shall only be concluded when we send you the Dispatch Confirmation.

The languages available to conclude the Contract are Italian and English.
Only the products indicated in the Dispatch Confirmation shall be the subject of the Contract.

We shall not be obliged to supply you with any other product that has not been ordered until we have confirmed to you in the Dispatch Confirmation that such product has been dispatched. The order form sent by you will be stored in our database for the time necessary to process your order and, in any case, within the terms of the law.

9. PRODUCT AVAILABILITY

All product orders are subject to product availability. Accordingly, in the event of supply problems or in the event of unavailability of the chosen items, we reserve the right to provide you with information regarding substitute products of equal or higher quality and value, which you may decide to order. If you do not wish to place an order for such replacement products, we will refund any sums already paid by you.

10. REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and/or to remove or edit any material or content on it. We will use all reasonable endeavours to fulfil all orders; however, there may be exceptional circumstances which require us to refuse to process orders after the Order Confirmation has been sent and we reserve the right to do so at any time.

In such cases we shall inform you by e-mail that the order is cancelled.

We shall not be liable to you or to any third party for the removal of any item from this website, for the deletion or modification of any material or content on the website, or for any failure to process your order after the Order Confirmation has been sent.

11. PRICE

The product price published on the site is per item, expressed in Euro and inclusive of VAT.

The price of the products will be as stated from time to time on this website, subject to obvious errors. We make every effort to ensure that all prices published on our site are correct, but errors may occur. Should errors occur in the price of the items you order, we will inform you as soon as possible and give you the choice between confirming your order at the correct price or cancelling it. If we are unable to get in touch with you, the order will be cancelled and you will be refunded the full amount paid.

We shall not be obliged to supply the product(s) to you at the incorrectly indicated lower price (even if we have already sent you the Dispatch Confirmation) if the error in the price was obvious and unambiguous and therefore if it was reasonably possible for you to identify it as incorrect.

Prices are subject to change at any time; however, subject to the provisions above in case of error, possible changes will not affect orders for which we have already sent an Order Confirmation.

Once you have selected the items you wish to purchase, those items will be added to your shopping cart and the next step will be to complete your order and make payment. To do this, you will have to follow the purchase instructions, entering or verifying the required information at each step of the purchase process. You may change the details of your order at any time during the checkout process before payment is made.

12. PAYMENT OF THE PRICE

Payment can only be made by you via your PayPal account and will be charged during Order Confirmation.

Paypal allows you to pay via your prepaid credit card or via your Paypal account (rechargeable via bank transfer or prepaid credit card).

Paypal does not entail any additional costs for the customer.

For payment purposes, you must enter your access details in the space provided on the PayPal page to which you will be automatically redirected, and then complete payment in the manner indicated by the service provider.

In the event that the debit proves to be impossible or in the event of non-payment, the purchase procedure cannot be concluded and therefore the Contract will not be concluded and the order will be cancelled.

PayPal and its subsidiaries are responsible for storing and automatically processing in a secure environment the information relating to each order, including the details of the credit card used.

13. PURCHASE AS A REGISTERED CUSTOMER OR GUEST

On this website you can use the purchase function either as a registered user (by registering free of charge and following the appropriate procedure described on the website) or as a guest. With the latter purchase mode you will only be asked for those details that are essential to process your order. Upon completion of your purchase, you will be offered the option of registering as a user or continuing as an unregistered user.

14. DELIVERY

The delivery of the products is made on the Italian and European territory to the address indicated by you, only after regular payment of the order has been made.

Delivery of products to post office boxes or the like cannot be requested.

Subject to the provisions of Articles 9 and 10 and without prejudice to extraordinary circumstances, we undertake to use our best endeavours to deliver the product(s) specified in the relevant Dispatch Confirmation within the date specified in such Dispatch Confirmation or, if no delivery date is specified, within the term estimated at the time of selection of the delivery method and, in any event, within a maximum term of 30 days from the date of Order Confirmation.

However, delays may occur for various reasons, such as the occurrence of unforeseen circumstances.

If for any reason we are unable to meet the delivery terms, we will inform you and give you the option of either continuing with the purchase in any case by setting a new delivery date, or cancelling the order and refunding the full amount paid.

Please note that deliveries are not made on Saturdays, Sundays and national holidays.

For the purposes of these Conditions, ‘delivery’ shall be deemed to have taken place or the order to have been ‘delivered’ by means of the acquisition, by you or by a third party indicated by you, of the material availability of the products, which shall be proved by signing the order receipt at the agreed shipping address.

15. SHIPPING COSTS

For shipping within Italy the price is 10 euro.
For shipping to Europe the price is 20 euro.

16. IMPOSSIBILITY OF DELIVERY

In case of non-delivery due to the absence of the recipient at the specified address, the courier will leave a postcard to certify the delivery attempt. The postcard will indicate the data that you can use to contact the courier and make an appointment for the second delivery attempt.

After two unsuccessful delivery attempts, the parcel will go into storage and our Customer Service will contact you in order to unblock the storage and ensure that the delivery of your order will take place as soon as possible.

If delivery cannot take place for reasons beyond our control after 30 days from the date on which your order is available for delivery, we shall consider that you intend to terminate the Contract, which shall be deemed to be cancelled. Upon termination of the Contract, we shall return to you, without delay and in any event within 14 days from the date of termination of the Contract, all sums paid by you, less the costs of returning the product to us and the costs of storage.

17. RIGHT OF WITHDRAWAL

You shall be entitled to withdraw from the Contract within a period of 14 days without giving any reasons.

The withdrawal period referred to in this Article shall end after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the goods or, in the case of multiple items ordered in one order and delivered separately, shall end after 14 days from the day on which you or a third party other than the carrier and designated by you acquires physical possession of the last item.

In order to exercise your right of withdrawal, you must inform us by sending an e-mail to bologna@kangra.it or by calling us on +39(0)522301847 giving notice of your decision to withdraw from the Contract by means of an express declaration.

In order to comply with the withdrawal period, it is sufficient for you to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

You are kindly requested to return the goods without undue delay and, in any event, within 14 days from the day you informed us of your withdrawal from the Contract. The deadline is met if you return the goods before the expiry of the 14-day period.

You should contact us at the following number +39(0)522301847 or send an e-mail to bologna@kangra.it so that we can arrange collection from your address.

If you prefer not to take advantage of the free options available for the return of products, any return costs will be borne by you.

You must return the article, in the same condition, in the wrapping and package in which you received it, which are considered an integral part of the article, following the instructions below.

In particular, it is necessary that:

– the article has not been used or has been damaged during the test;

– the article has not been soiled or washed;

– the item retains all its original pendants, labels and finish;

– the article has not been modified in any way.

After assessing the condition of the item, we will inform you whether you will be entitled to a refund of the amount paid. You will be entitled to a full refund if the right of withdrawal is exercised within the time limit and all products delivered are returned in the same condition as stated above. The refund will be made as soon as possible and in any event within 14 days from the date you made us aware of your intention to withdraw from the Contract. Notwithstanding the foregoing, the refund may be suspended until we receive the goods back or until you prove that you have returned the goods, whichever is earlier. The refund will always be made through the method of payment used to make the purchase.

You will bear the costs (where applicable) and risks of returning the products, as set out above.

18. RETURN OF DEFECTIVE OR NON-CONFORMING PRODUCTS

In the event that you believe that upon delivery the product is defective or does not conform to the order or is different from the product you ordered, you must immediately contact us by calling +39(0)522301847 or by sending an e-mail bologna@kangra.it, indicating the product data.

We will inform you of the procedure to follow.

You must return the product to the address indicated in the electronic document that you will receive together with the Shipment Confirmation.

We will carefully examine the returned product and inform you by e-mail, within a reasonable period of time, whether we will proceed with the refund or replacement of the product (as the case may be). The refund and/or

replacement of the item will be made as soon as possible and in any case within 14 days from the date we send you an e-mail from us confirming that we will proceed with the refund or replacement of the unsuitable item.

The amount paid for products that are returned due to defects or lack of conformity, if any, will be refunded in full.

The refund will be made via the payment method used to make the purchase.

19. SIZE CHANGE

Once you have received the item, if you wish to change the size, you may do so at no additional cost, provided that you return the item originally ordered in the same condition in which it was delivered and with its tag and packaging, undamaged and within the time limits set out in these Terms and Conditions.

You may take advantage of the size exchange option, which you must indicate to us, provided that i) it is the same product, ii) the price of the product on the site is equal to or higher than the price you initially paid (only in this case will you not be charged any new costs for the selected product). Only if both conditions are met will you be able to take advantage of the size exchange option at no additional cost.

You can request a size change by sending an e-mail to bologna@kangra.it or by contacting us by telephone on +39(0)522301847.

After requesting the size change and choosing the return method, you will have to return the original item via the courier we will send to your home. You must return the item without undue delay and in any case within 14 days of sending the request via the website. No additional costs will be charged to you.

You must return the item in the wrapping and package in which you received it, following the instructions set out in Article 17 above for returning products in the event of withdrawal.

We will send you, where available, the new size of the article within 5-6 working days from the date of the request for exchange, and in any case within a maximum period of 30 days from the date of the request. The purchase of the new article shall be governed by these Conditions, including the right of withdrawal.

Please note that if after 14 days from the size change request you have not returned or delivered – to the courier arranged by us – the original item, we shall be entitled to charge you for the new product in accordance with these Conditions.

20. LIABILITY AND EXEMPTION FROM LIABILITY

We undertake to deliver products that are in conformity with the Contract:

(i) comply with the description provided by us and possess the qualities presented on this website,

(ii) are suitable for the use for which the products are normally intended,

(iii) exhibit qualities and characteristics that are normal in products of the same type and can reasonably be expected.

However, all products that appear and are sold on the website are provided ‘as is’ and, to the extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded against consumers and users.

In any event, our liability in respect of products purchased on our website shall be limited exclusively to the purchase price of the product in question, except where our liability cannot be excluded or limited by law.

21. SUSPENSION OF SERVICE

We reserve the right to temporarily suspend, without prior notice, the provision of the service for the time strictly necessary for the technical interventions necessary and/or appropriate to improve the quality of the service.

We may discontinue the provision of the service at any time in the event of justified security reasons or breaches of confidentiality.

22. WRITTEN COMMUNICATIONS

Applicable law requires that part of the information or communications we send to you be in writing. By using this website, you agree that most communications you exchange with us will be in electronic form. We will contact you by e-mail or provide you with information by placing notices on this website. For contractual purposes, you consent to this electronic means of communication by acknowledging that all contracts, notices, information and other communications that we provide to you electronically will comply with the legal requirement that such communications be in writing. This provision does not in any way limit your rights under applicable law.

23. UNFORESEEABLE CIRCUMSTANCES AND FORCE MAJEURE

We shall not be liable in any manner whatsoever for failures or delays in the performance of any of our obligations under the Contract caused by events beyond our reasonable control occurring by accident or force majeure.

Examples include, but are not limited to, any act, event, omission or incident beyond reasonable control; such term includes, but is not limited to, strikes, lockouts or other labour unrest, riots, invasion, terrorist attacks or threats of terrorist attacks, war (declared or not), or threats of war, fires, explosions, storms, floods, earthquakes, landslides epidemics, hurricanes or other natural disasters, inability to use railways, shipping, aviation, motor transport or other means of public or private transport, inability to use public or private telecommunications networks, acts, decrees, laws, regulations or restrictions of any government.

It is understood that the performance of the obligations under the Contract shall be suspended for the duration of such events. We shall be granted an extension for the performance of the Contract equal to the duration of this period. It is understood that, pending such events, we shall endeavour to find a solution by which to fulfil our contractual obligations.

24. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and any intellectual property rights in the materials or content presented as part of the website are owned by us and those who have licensed us to use them. You may only use such materials in the manner for which you have received express permission from us or from those who have licensed us to use them. This will not prevent you from using this website to the extent necessary to copy information about your order.

Reproduction, in whole or in part, in any form whatsoever, of this website and its contents is therefore prohibited without our express written consent.

25. PRIVACY POLICY

Please read the Privacy Policy carefully, which also applies if you access this website and use its services, but do not purchase any products.

26. PARTIAL INVALIDITY

Should one or more of the covenants in these Terms and Conditions be invalid, in whole or in part, the remaining covenants shall remain valid. The invalid covenants shall be replaced in such a way as to preserve as far as possible the synallagmatic relationship and the economic content of this Agreement and to achieve as far as possible the realisation of the original negotiating will of the Parties.

27. APPLICABLE LAW AND JURISDICTION

These Conditions, the use of our website and the contracts for the purchase of articles through the transmission of orders using this website and governed by these Conditions are governed by Italian law, unless otherwise provided by mandatory law.

Any dispute arising out of or in connection with the use of the website or such contracts shall be settled by the courts of the place of residence or domicile indicated by the user.