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Terms and conditions of sale
1. Terms and conditions of use
General conditions of sale/purchase contract kristinemarti.it 1. Introduction 1.1. These general conditions of sale apply to purchases made through the website www.kristinemarti.it by Consumers and/or Professional Buyers, defined and identified as follows; 1.2. Depending on the buyer - consumer or professional buyer - who completes the contract, different rules and regulations will apply, as better specified below. 2. Definitions 2.1. The Seller is Kristine Marti of KM via Gattamelata, 38 20149 – Milan (MI) - VAT number 03043630346, email: customercare@kristinemarti.it, which acts in the exercise of its entrepreneurial and commercial activity and promotes the sale of its products through the mechanism of distance contracts (online), via the platform www.kristinemarti.it in compliance with these General Conditions of Online Sale; 2.2. The Professional Buyer is the freelancer or legal person who, through an appointed and authorised natural person (legal representative, employee, collaborator) interacts with the e-commerce platform and concludes an online sales contract, in the exercise of its entrepreneurial and commercial activity; 2.3. The Consumer is the natural person who acts for personal and non-professional purposes, unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out, as defined pursuant to art. 3, paragraph 1, letter a). a), of Legislative Decree no. 206 of 6 September 2005 (Consumer Code): “consumer or user: the natural person who acts for purposes other than any entrepreneurial, commercial, artisanal or professional activity carried out”; 2.4. User means the visitor to the platform who interacts with the functions of the site: the concept includes both the Consumer and the Professional Buyer; 2.5. Consumer Code means Legislative Decree no. 206 of 6 September 2005 (Consumer Code) and subsequent amendments and additions; 2.6. The Contract or Sales Contract is the sales contract for the movable goods on the e-commerce portal which is concluded between the Seller and the Professional Buyer and/or the Consumer, within a sales system via electronic tools, organised by the Seller; 2.7. Parties means the Seller and the Consumer or the Seller and the Professional Buyer; 2.8. By Portal or Platform or Website we mean the website www.kristinemarti.it managed by the Seller, through which the online purchase contract is perfected. 3. General Provisions
3.1. These General Conditions of Online Sale regulate the commercial relations between the Seller and the Consumer and/or the Professional Buyer and constitute an integral and substantial part of the contract for the sale of movable goods that will be concluded;
3.2. These General Conditions of Sale must always apply: different conditions of sale dictated or foreseen by the Consumer and/or the Professional Buyer can never become part of the contract between the parties - not even in the case of acceptance of the order by the Seller;
3.3. The Consumer and/or the Professional Buyer is aware that the General Conditions of Sale that are published on this Portal may vary: for this reason, each purchase is subject to and governed exclusively by the General Conditions of Sale in force on the date of completion of the contract;
3.4. The Parties, in compliance with the mandatory provisions of law, agree that if some provisions of these general conditions of sale are declared null or invalid, this fact will not affect the validity and effectiveness of the other provisions which will remain fully valid and effective. 4. Pre-contractual information for the Consumer 4.1. The pre-contractual information for the Consumer is provided before the Consumer is bound by any distance online sales contract. In particular, the information required by art. 49 of Legislative Decree 21 February 2014, no. 21 is provided on the pages of the website www.kristinemarti.it and can always be consulted by clicking on the “Conditions of Sale” link on the Portal. 5. Object of the online sales contract 5.1. The object of the online sales contract is any tangible movable good present on the Portal www.kristinemarti.it that the Seller offers for sale and that the Consumer or the Professional Buyer intends to purchase, through interaction with the aforementioned Platform, i.e. remotely via telematic tools; 5.2. This online sales contract regulates the conditions of purchase between the Seller and the Consumer or the Professional Buyer with registered office in Italy and who require delivery in Italian territory; 5.3. The goods that can be purchased using the procedure in question are only those that can be viewed on the pages of the Portal. The items can be viewed and purchased even without prior registration on the platform;
5.4. The products that can be purchased are listed on the site divided by category: the User can search for the product by clicking on the “magnifying glass” icon at the top right or by selecting the various buttons in the menu located at the top or left of the site, corresponding to the various categories: by selecting a category the User can view the various items in the chosen category;
5.5. For each item listed on the Portal there is a product sheet that shows: product title, representative images, availability, any score / rating, expected delivery date as well as a complete technical sheet and a description of the main characteristics of the product. These information will then be summarised when the User, by clicking on the “cart – go to cart” icon, views the “cart contents” and the products listed therein: by clicking on each individual product the User can once again access the complete product sheet for the item itself before making any purchase;
5.6. The User is aware that all the information provided on the Portal and in particular the images in the product sheet are of a general nature and are made available for information purposes only, to allow the identification of the item: any images or colors of the products offered for sale could have different effects in the actual vision of the item. Such possible dissonances may be linked to the effects of the Internet browser, the monitor used or the settings of the monitor itself (brightness, contrast, quality and type of printer in use etc. etc.);
5.7. The Seller does not sell used, irregular products or products of lower quality than the corresponding standards offered by the market; 6. Consideration 6.1. The prices of the goods that can be purchased are indicated analytically on the site and can be viewed by the User both in the mini-icon representing the item (on the home page or in the summary window of all the items in the category - selected type) and in the complete product sheet. All the sales prices of the products displayed and indicated within the Site are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Civil Code; 6.2. The prices indicated for each of the goods are valid until the date of online modification of the same. The Seller reserves the right to modify its prices at any time, modifying the price of the item both in the mini-icon representing the item and in the relative product sheet. The price in force will be displayed to the User by browsing the Portal. The products remain the property of the Seller until the total amount due has been paid;
6.3. The sales prices are indicated for the single product and include VAT and taxes but do not include the costs for the delivery of the goods which must be calculated separately. The User can view the amount of shipping costs after adding the product to the cart, in the “cart contents” form: under the summary of the items added to the cart, the User can view the type and cost of shipping.
6.4. All information regarding delivery methods, times and costs can always be viewed by the User in the “cart contents” form, which summarises the order and is shown before completing the purchase of the product or sending the order; 7. Registration on the Portal 7.1. Even Users who are not registered on the site are allowed to complete online purchases; 7.2. Users who wish to register a new account will be asked to enter their personal data. By clicking on the “Account” link at the top right, the User can choose their profile and create a personal control panel where they can update their data if necessary, check orders placed and history, view invoices and request returns; 7.3. Registration on the Portal is without obligation to purchase and can only be usefully completed by Users who are of legal age and in any case in possession of the appropriate faculties required by law to undertake commercial actions and enter into contracts. The personal data collected (for example, name, surname, e-mail, date of birth) will be processed in compliance with the provisions of Legislative Decree 196/03 and subsequent amendments, for the purposes and within the limits indicated in the privacy policy adopted by the Seller. The data provided must be accurate and updated if necessary. The information on the processing of personal data collected will always be viewable by Users by clicking on the “privacy information” link in the footer of the Site; 7.4. The User who has completed registration on the Portal will receive a “welcome” email confirming successful registration. The User is responsible for his/her account and all activities carried out and orders placed through his/her account and is required to immediately notify the Seller of any theft of credentials or unauthorized access; 7.5. The registered User will always be able to manage his/her profile by accessing the personal control panel and modifying the address and/or personal information, as well as viewing the order history, invoices and accessing the return procedure;
7.6. The registered User will always be able to view the catalogue of products available and purchasable, their characteristics, technical information, prices, costs and shipping methods and any other information necessary for the correct formulation of the will to purchase, as well as the history of orders sent. 8. Methods of concluding the online sales contract 8.1. The registered User will be able to select the desired product and add it to the cart by clicking on the “Purchase” button. Once the purchases are finished, the User who wishes to place the order must empty the cart by clicking on the “go to cart” button that appears in the window that opens by passing the mouse over the cart icon. At this point the summary page called “contents of your cart” will appear, i.e. the summary of the products added to the cart and ready for purchase, indicated analytically also in the price (per item and total), together with the delivery costs and the accepted payment methods, from which the User can choose: the User will be able to check, save and print the summary page before proceeding with confirmation; 8.2. The User who, after viewing the summary sheet, decides to place the order, must click on the "Complete order" button; At this point, after having filled in the various fields necessary for shipping and invoicing, and having chosen the desired payment method, the User must read the General Conditions of Sale and click on the checkbox, by flagging which he declares to have read, understood and accepted the Terms of Purchase. The Conditions of Sale can always be viewed and consulted by the User either by clicking on the relevant button in the footer of the site, or by clicking on the word (I accept the terms and conditions of sale) in hypertext format in the text of the box to be checked;
8.3. To continue purchasing the product, the User, after having flagged the box to accept the General Conditions of Sale, must click but necessarily tick the payment method chosen between: credit card, or bank transfer, or Paypal or Cash on delivery. If the User chooses PayPal, he/she will immediately be directed to the external form where he/she can enter the PayPal account details. Even in these cases, the online sales contract is considered concluded when the User receives confirmation of acceptance of the order by the Seller; While for the choice of credit/debit cards with NEXI or cash on delivery, the user will not be redirected to external platforms, but the entire order conclusion process will take place on the kristinemarti.it website. It is also specified that no sensitive data such as full payment card numbers, personal account numbers will be viewed not by kristinemarti.it but by the respective providers such as PayPal and Stripe which are external payment tools. The user is also informed that he/she will have the possibility to save his/her credit card for future purchases in the case of payment by card. Such saving will never take place on the kristinemarti.it website but on the platforms of the relevant provider for payment by credit card (NEXI).
8.5. At this point the User will receive an order "acceptance" email containing the order summary, which confirms receipt of the order by the Seller but which does not constitute contractual acceptance of the order itself. The online sales contract is considered concluded only when the User receives confirmation of acceptance of the order by the Seller;
8.6. The order confirmation email that the Seller will send to the User will contain the order number, a summary of the purchase, the invoice, the link where the General Conditions of Sale can be viewed and all the information necessary to identify the Seller. 9. Payment method 9.1. Payment for the products offered for sale by the Seller through the Portal may only be made through one of the following methods: Pay Pal, NEXI, bank transfer and cash on delivery. 9.2. The User may select the desired payment method on the “cart contents” page (final checkout) which may be viewed by clicking on the “Go to cart” or “Go to checkout” button, before proceeding with the final purchase. The accepted and chosen payment methods will in any case be sent by the Seller via the order “acceptance” summary email;
9.3. Each User (both Professional Buyer and Consumer) declares to have full authority to use the chosen payment instrument. Each User must verify that the payment instruments in his/her possession have sufficient credit to cover all costs relating to purchases;
9.4. All communications relating to credit cards and similar payments take place on a specific line of the Seller protected by an SSL connection encryption system between the seller kristinemarti.it and the payment provider. The Seller guarantees the storage of this information with an additional level of security encryption and in compliance with the provisions of the current legislation on the protection of personal data.
9.5. If you buy with Scalapay or Klarna, if available as a payment option, you receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, to related parties and their assignees, and that you authorize such transfer. 10. Terms of delivery of goods 10.1. The Seller will deliver the products purchased by the User according to the available method indicated in the “cart contents” window; 10.2. The Seller will deliver the goods by Express Courier, with a delivery time of between 1 and 7 days (except for products not available in stock) starting from the moment the online sales contract is finalized. The delivery terms are to be considered indicative and not binding: any delays in the delivery of the goods do not give the Consumer or the Professional Buyer the right to terminate the online sales contract concluded; 10.3. During shipping, the goods travel at the risk and peril of the Consumer or Professional Buyer, therefore no liability can be attributed to the Seller for any damage caused to the goods during transport or in the event of theft of the goods already delivered to the Carrier; 10.4. For more information on the order processing time and to find out how to track the shipment using the online tracking service, consult the tab in your profile to track the internal order statuses of yleashop.it. While yleashop.it undertakes to have the courier's tracking number delivered to the ordering user via email or whatsapp to be able to view the entire journey of the package in times established by the courier itself. 11. Responsibility of the Seller towards the Professional Buyer and limitations 11.1. The Professional Buyer undertakes to pay the price of the products purchased in the manner and according to the terms better described above;
11.2.With reference to purchases made via this website by the Professional Buyer, the guarantee provided by the Seller is only that relating to Business2Business purchases and follows the applicable general rules (art. 1490 et seq. of the Civil Code) and, in particular, operates only in the case in which the product is used in compliance with the uses for which it is intended;
11.3.After eight days from receipt of the goods by the Professional Buyer, no complaints will be accepted on the goods ordered and delivered. Complaints can be sent to the following addresses: Kristine Marti di KM via Gattamelata, 38 20149 – Milan (MI), email: customercare@kristinemarti.it
11.4.Returns will not be accepted unless authorised and preliminarily accepted by the Seller, for example in the case of a defective product (the presence of the defect must be asserted within 8 days of discovery). In the event of a defective product, the Seller will issue a credit note to refund the price paid or will replace the product with the same one if available or with the proposal of a different item with the acceptance of the customer (user). 12. Consumer's rights of withdrawal and refund 12.1. The Consumer, as provided for by art. 52 paragraph 2 of the Consumer Code, has the right to withdraw from the online sales contract stipulated, without any penalty and without specifying the reason within 14 (fourteen) days. The withdrawal period expires after 14 days from the day: 1. a) in the case of a contract for the sale of a single good (purchase of a single good) "from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer, acquires physical possession of the goods" (i.e. delivery by courier); 2. b) in the case of a contract relating to multiple goods ordered by the Consumer in a single order (Purchase of multiple goods with the same order) and delivered separately: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself, acquires physical possession of the last good; 3. c) in the case of a contract relating to the delivery of a good consisting of multiple lots or pieces: from the day on which the Consumer or a third party, other than the carrier and designated by the Consumer himself, acquires physical possession of the last lot or piece;
12.2. How to exercise the right of withdrawal: to exercise the right of withdrawal, the Consumer must inform the Seller of his decision to withdraw from this online sales contract by means of an explicit declaration (for example, a letter sent by post, fax or email), or access his profile on the kristinemarti.it website and go to recent orders details and tick the items that he wishes to return and click on request refund/return. Then wait for the request to be processed (which does not have a set mandatory time frame), but will be processed as quickly as possible.
To this end, the Consumer may:
1. Use the standard withdrawal form
2. Submit any other explicit declaration that demonstrates his decision to withdraw from the online sales contract, for example by fax, by email, by registered mail or by letter sent by post;
12.3.To correctly exercise the right of withdrawal, the Consumer must express his/her will to withdraw, in the manner indicated above, by sending the aforementioned declaration to the Seller within the expiry of the withdrawal period: the right of withdrawal is considered correctly exercised if the communication relating to the exercise of the right of withdrawal is sent to the Seller before the expiry of the withdrawal period. It is recalled that the burden of proof relating to the exercise of the right of withdrawal falls on the Consumer;
12.4. To facilitate the Consumer, the Seller's contact details are reported here:
Company name: Kristine Marti di KM via Gattamelata, 38 20149 – Milano (MI), email: customercare@kristinemarti.it.
The parties may also reach a shared agreement for a refund in the form of a discount coupon of the same amount as the monetary refund. The consumer will always have the right to decide whether to accept this method or the standard method of receiving a refund with the payment method chosen to place the order. 13. Effects of Consumer Withdrawal 13.1. The Consumer who withdraws from this online sales contract will be reimbursed for all payments made to the Seller, including delivery costs (with the exception of additional costs resulting from the possible choice of a type of delivery other than the least expensive type of standard delivery offered), without undue delay and in any case no later than 14 days from the day on which the Seller is informed of the decision to withdraw from this online sales contract. Such refunds will be made using the same means of payment used for the initial transaction, unless the Consumer has expressly agreed otherwise; in any case, he will not have to bear any costs as a consequence of such reimbursement;
13.2. The refund may be suspended until the goods are received or until the Consumer demonstrates that he has sent the goods back, whichever is earlier;
13.3. If the Consumer has received the goods covered by the online sales contract, he is required to send the goods back or deliver them to Kristine Marti di KM via Gattamelata, 38 20149 – Milano (MI), email: customercare@kristinemarti.it, without undue delay and in any case within 14 days from the day on which the Consumer communicated his withdrawal from this online sales contract. The deadline is respected if the goods are sent back before the 14-day period expires;
13.4. The direct costs (courier) of returning the goods will be borne by the Consumer. The Consumer must arrange to send the product to the company's address at his own expense with suitable boxes and packaging. In any case, the consumer is solely responsible for the chosen packaging and the chosen courier.
13.5. In the event that the Seller has not fulfilled the information obligations related to the existence of the right of withdrawal, methods and times for returning or collecting the goods in the event of exercising the right of withdrawal, the deadline for exercising the right is 12 months after the end of the initial withdrawal period as indicated in the previous point. If the Seller provides the information indicated within the period of 12 months after the end of the initial withdrawal period, the right of withdrawal ends 14 days after receipt of the information by the Consumer;
13.6. Upon receipt of the communication with which the Consumer communicates the exercise of the right of withdrawal, the parties (Seller and Consumer) are released from their mutual contractual obligations, without prejudice to the obligations of the Consumer and the Seller previously mentioned. 14. Exclusions from the Consumer's right of withdrawal 14.1. The Consumer Code provides for exclusions to the right of withdrawal, in particular the right of withdrawal for distance contracts and contracts negotiated away from business premises is excluded in relation to: 1. a) service contracts after the complete provision of the service if the execution has begun with the express agreement of the consumer and with the acceptance of the loss of the right of withdrawal following the full execution of the online sales contract by the Seller; 2. b) the supply of goods or services whose price is linked to fluctuations in the financial market which the Seller is unable to control and which may occur during the withdrawal period; 3. c) the supply of goods made to measure or clearly personalized; 4. d) the supply of goods which are liable to deteriorate or expire rapidly;
5. e) the supply of sealed goods which are not suitable for return for reasons of hygiene or health protection and have been opened after delivery;
6. f) the supply of goods which, after delivery, are, by their nature, inseparably mixed with other goods;
7. g) the supply of alcoholic beverages, the price of which has been agreed at the time of conclusion of the online sales contract, the delivery of which can only take place after thirty days and the actual value of which depends on fluctuations on the market which cannot be controlled by the Seller;
8. h) contracts where the Consumer has specifically requested a visit by the Seller for the purpose of carrying out urgent repair or maintenance work; if, during such visit, the Seller provides services in addition to those specifically requested by the Consumer or goods other than spare parts necessary to carry out the maintenance or repairs, the right of withdrawal applies to such additional services or goods;
9. i) the supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery;
10. l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications;
11. m) contracts concluded at a public auction;
12. n) the supply of accommodation for non-residential purposes, the transport of goods, car rental services, catering services or services relating to leisure activities where the contract provides for a specific date or period of performance;
13. o) the supply of digital content on a non-material medium if the performance has begun with the express agreement of the consumer and his acknowledgment that he would then lose the right of withdrawal. 15. Liability and obligations of the Seller towards the Consumer: liability for defect, proof of damage and compensable damages 15.1. The Consumer undertakes to pay the price of the products in the manner and according to the terms better described above and to print and keep the order confirmation email containing the order number, a summary of the order placed and the General Conditions of Purchase; 15.2. Pursuant to articles 114 et seq. of the Consumer Code, the Seller is responsible for damage caused by defects in the goods sold if he fails to communicate to the damaged party, within three months of the request, the identity and address of the manufacturer or of the person who supplied him with the goods;
15.3. The aforementioned request, by the injured party, must be made in writing and must indicate the product that caused the damage, the place and date of purchase; it must also contain the offer to view the product, if it still exists;
15.4. The Seller cannot be held liable for the consequences arising from a defective product if the defect is due to the conformity of the product, to a mandatory legal provision or to a binding provision, or if the state of scientific and technical knowledge, at the time the manufacturer put the product into circulation, did not yet allow the product to be considered defective;
15.5. No compensation will be due if the injured party was aware of the defect of the product and of the danger resulting from it and nevertheless voluntarily exposed himself to it. In any case, the injured party must prove the defect, the damage, and the causal connection between the defect and the damage;
15.6. The injured party may request compensation for damages caused by death or personal injury or by the destruction or deterioration of something other than the defective product, provided that it is of a type normally intended for private use or consumption and is thus mainly used by the injured party;
15.7. Damage to things referred to in art. 123 of the Consumer Code will, however, be compensable only to the extent that it exceeds the sum of three hundred and eighty-seven euros (387 euros);
15.8. In no case may the Consumer be held liable for delays or errors in payment if he can demonstrate that he made the payment within the times and methods indicated by the Seller;
15.9. The Seller cannot be held liable for damages, losses and costs incurred by the Consumer as a result of failure to execute the contract for reasons not attributable to him, the Consumer being only entitled to a full refund of the price paid and any additional costs incurred. 16. Guarantees and methods of assistance to the Consumer 16.1. The Seller is liable for any lack of conformity that becomes apparent within two years (24 months) of delivery of the goods to the Consumer;
16.2. For the purposes of this contract, consumer goods are presumed to be in conformity with the contract if, where relevant, the following circumstances coexist: a) they are suitable for the use for which goods of the same type are normally used; b) they conform to the description given by the seller and possess the qualities of the goods which the seller has presented to the Consumer as a sample or model; c) they have the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, taking into account the nature of the goods and, where applicable, public statements on the specific characteristics of the goods made in this regard by the Seller, the manufacturer or his agent or representative, in particular in advertising or on labelling; d) they are also suitable for the particular use intended by the Consumer and which was brought to the attention of the Seller by the latter at the time of conclusion of the contract and which the Seller has accepted also by conclusive facts;
16.3. The Consumer loses all rights if he does not report the lack of conformity to the seller within two months of the date on which the defect was discovered. The complaint is not necessary if the seller has acknowledged the existence of the defect or has concealed it;
16.4. In any case, unless proven otherwise, it is presumed that the lack of conformity that becomes apparent within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity;
16.5. In the event of a lack of conformity, the Consumer may request, alternatively and without charge, under the conditions indicated below, the repair or replacement of the purchased goods, a reduction in the purchase price or the termination of this contract, unless the request is objectively impossible to satisfy or is excessively onerous for the Seller pursuant to art. 130, paragraph 4, of the Consumer Code;
16.6. The request must be sent in writing, by registered mail with return receipt or by certified e-mail or electronic mail to the Seller, who will indicate his willingness to proceed with the request, or the reasons that prevent him from doing so, within seven working days of receipt. In the same communication, where the Seller has accepted the Consumer's request, he must indicate the methods of shipping or returning the goods as well as the deadline for returning or replacing the defective goods;
16.7. If the repair and replacement are impossible or excessively expensive, or the Seller has not repaired or replaced the goods within the term indicated in the previous point or, finally, the replacement or repair previously carried out has caused significant inconvenience to the Consumer, the latter may request, at his choice, an appropriate reduction in price or termination of the contract. In this case, the Consumer must send his request to the Seller, who will indicate his willingness to proceed with the same, or the reasons that prevent him from doing so, within seven working days of receipt;
16.8. In the same communication, if the Seller has accepted the Consumer's request, he must indicate the proposed price reduction or the methods of returning the defective goods. In such cases, it will be the Consumer's responsibility to indicate the methods for re-crediting the sums previously paid to the Seller;
16.9. The Consumer may communicate any complaints to the Seller or request support and assistance either by mail or by telephone, fax or email to the following addresses: Kristine Marti di KM via Gattamelata, 38 20149 – Milan (MI), email: customercare@kristinemarti.it, Assistance and support also available by clicking on the homepage of kristinemarti.it and on the green WhatsApp button.
Any notes: the consumer may choose to receive in place of the (monetary) refund A COUPON OF THE SAME AMOUNT to be used for a new order on the website www.kristinemarti.it.
17. Use of the Portal and Responsibility of the Seller | Users
17.1. The User uses the services offered by the online shop platform at his own expense: the provision of the PC and the internet connection is at his expense;
17.2. The Seller is not responsible for improper use of the site by Users, for disservices or malfunctions of the site and does not assume responsibility for disservices attributable to force majeure, in the event that it is unable to execute the order within the times set out in the contract;
17.3. In the event of failure to execute the contract for reasons not attributable to the Seller, the latter will not be liable towards the professional Buyer or Consumer for damages, losses or costs incurred, the Buyer having the right to a full refund of the price paid and any additional charges incurred;
17.4. The Seller assumes no responsibility for any fraudulent or illicit use that may be made by third parties of credit cards, checks and other means of payment, if it can demonstrate that it has adopted all possible precautions based on the best science and experience of the moment and based on ordinary diligence;
17.5. The Portal is made available without the release of any specific guarantee or license: the User who uses it assumes all risks related to the use of the Internet and computer applications (hardware and software) and must ensure that he or she is in compliance with basic computer security measures (antivirus, firewall, etc.) and avoid downloading unsafe or dangerous material;
17.6. The Seller is not responsible and is not liable for any viruses, malicious codes or any problems related to the User's Internet browsing as they do not depend on the Seller's actions;
17.7. In particular, the Seller declines all liability in connection with the following:
1. a) Incompatibility of the Site with the equipment, software and telecommunication connections available to the User;
2. b) Attacks suffered by the buyer/consumer during web browsing (by way of example but not limited to: viruses, malicious codes, etc.);
3. c) Damage to the computer equipment/software that the professional Buyer uses for browsing not directly attributable to the seller,
4. d) Disruptions or malfunctions of the Portal attributable to force majeure;
5. e) Disruptions or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers, except in cases of fraud or gross negligence;
6. f) Interruptions of the online shop service;
7. g) Fraudulent or illicit use by third parties of credit cards, checks and other means of payment, when paying for the products purchased, if the User demonstrates that he has taken all possible precautions based on the best science and experience of the moment and based on ordinary diligence.
17.8. The User undertakes, once the online purchase procedure has been concluded, to print and keep this contract. 18. Causes for termination 18.1. The obligations referred to in points 11 and 15, undertaken by the parties, are essential, so that the failure to fulfill even one of said obligations, where not determined by fortuitous event or force majeure, will result in the termination of the contract by right pursuant to art. 1456 of the Italian Civil Code, without the need for a judicial ruling. 19. Method of archiving the contract 19.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Seller informs the Consumer and/or the Professional Buyer that each order sent is stored in digital/paper form at the Seller's headquarters or on the information system/computer tools of the seller's service providers and whose relationships are regulated by a regular service contract (Server Farm for example). 20. Intellectual property 20.1. The Seller maintains all intellectual property rights on the products offered for sale on the Portal www.kristinemarti.it, in particular with respect to models, images, characteristics and specifications of the product and other information that may be accessible to Users and more generally to visitors to the site; 20.2. It is prohibited to copy, sell, take possession or in any other way share the images viewable on the Portal without the prior permission of the Seller. Any violation is punishable according to the applicable laws. 21. Protection of personal data 21.1.1. The personal data provided will be processed in accordance with the provisions of Legislative Decree 196/03 and subsequent amendments. A full copy of the information on data processing (privacy policy) and the use of cookie technology (cookie policy) is available in the footer of the site or by clicking on the following links: “privacy policy” “cookies policy” 22. Settlement of disputes | Applicable law and competent court 22.1. This contract is governed by Italian law; 22.2. The contract concluded by the Professional Buyer is governed by the Civil Code, in particular by art. 1341 et seq., art. 1470 et seq.;
18. Causes of termination
18.1. The obligations referred to in points 11 and 15, assumed by the parties, are of an essential nature, so that the non-performance of only one of these obligations, unless caused by unforeseeable circumstances or force majeure, shall entail the legal termination of the agreement pursuant to Art. 1456 of the Civil Code, without the need for a court ruling.
19. Manner of terminating the contract
19.1. Pursuant to Article 12 of Legislative Decree No. 70/2003, the Seller informs the Consumer and/or professional Buyer that each order sent is stored in digital/paper form at the Seller's premises or on the Seller's service providers' information system/computer tools and whose relations are regulated by a regular service contract (Server Farm for example).
20. Intellectual Property
20.1. The Seller retains all intellectual property rights over the products offered for sale on the www.kristinemarti.it Portal, in particular with respect to models, images, product characteristics and specifications and other information that may be accessible to Users and visitors to the site in general;
20.2. It is prohibited to copy, sell, take possession of or otherwise share the images displayed on the Portal without the prior permission of the Seller. Any violation shall be punished in accordance with applicable laws.
21. Protection of personal data
21.1.1. The personal data provided will be processed in accordance with the provisions of Legislative Decree 196/03 and subsequent amendments. A full copy of the information on data processing (privacy policy) and the use of cookie technology (cookie policy) is available in the footer of the site or by clicking on the following links:_ ‘privacy policy’ ‘cookie policy’
22. Dispute resolution | Applicable law and jurisdiction
22.1. This contract is governed by Italian law;
22.2. The contract concluded by the professional Buyer is regulated by the Italian Civil Code, in particular by Art. 1341 et seq. and Art. 1470 et seq;
22.3. Pursuant to and for the effects of Articles 1341 and 1342 of the Italian Civil Code, the professional Buyer declares to have carefully read and specifically approved the clauses set forth in point 15 entitled ‘Responsibility and obligations of the Seller towards the Consumer: liability for defects, proof of damage and indemnifiable damages’, as well as point 22.5 that indicates the competent court in the event of disputes;
22.4. With regard to the contract concluded by the Seller with the Consumer, for all that is not expressly provided for herein, the provisions of law applicable to the relationships and the cases provided for in this contract shall apply: Article 1341 et seq. and Article 1469 bis, as well as Article 1470 et seq. of the Civil Code and the Consumer Code (Legislative Decree 206/2005) Part III, Title III, Chapter I, which the Consumer shall see applied in full;
1.1. The Court of Trento shall have jurisdiction over any dispute related to the online sales contract or to these General Conditions that may arise between the Seller and the professional Buyer;
1.2. For any dispute related to the online sales contract or to these General Conditions that may arise between the Seller and the Consumer, the competent Court shall be the Court of the place of residence or domicile of the consumer, if located in the territory of the State, pursuant to Article 66 bis of the Consumer Code.
We also reserve the right to amend this document at any time without prior notice to users who have already registered on the www.kristinemarti.it website.
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Kristine Marti di K.M. via Gattamelata, 38 20149 – Milano (MI) - P.iva 03043630346 - REA MI - 2691924