These are the general conditions of sale, in accordance with the Italian Legislative Decree number 70/2003, Italian Legislative Decree number 206/2005 as modified by Italian Legislative Decree number 21/2014 (“Consumer Code”) and with Civil Code, that regulate the purchase of products sold on the website www.karaba.net (hereafter also known as the “Site”).
The marketed products are sold by Karabà s.r.l. (hereafter also known as the Seller) to the consumer (hereafter also known as the Buyer) through a remote sales system via telematics.
A distance contract is defined as a contract concluded between a professional and a consumer concerning the supply of goods or the provision of services, without the physical and contemporary presence of the professional and the consumer. It is executed through the exclusive use of one or more means of remote communication for the duration of the contract, including the ending of the contract itself (article 45 Consumer Code).
The consumer is defined as the physical person who is acting for purposes extraneous to the entrepreneurial, commercial, artisanal or professional activity carried out (article 3, Consumer Code).
Art. 1 – Details of the Seller
Registered office: Via della Fonte di Fauno, 15 – 00153 Roma
Certified E-mail: firstname.lastname@example.org
Fiscal code/Vat number and registration number in the business register of Rome: 15920761002
Art. 2 – Features of products sold on the Site
The products sold on this Site are entirely made in Italy.
It must be specified that:
- the swimsuits – bikini models- are sold as a single item and in a single size only;
- the following models: PONZA, CAPRI, VENTOTENE, LIPARI and VULCANO comprise 3 pieces (1 top + 2 bottoms);
- for the sale of made-to-measure or clearly personalised articles, the right of withdrawal is excluded (article 59, Consumer Code) nor is it possible to exchange, refund or return the article;
- bags are handmade which is why every imperfection should be seen as a feature and not a flaw;
- photos of products featured on the site are purely for illustration purposes, so live colors and size of the product may differ slightly.
Art. 3 – Procedure for the conclusion of a contract
For the purchase of one or more articles for sale on the Site, a contract is concluded by remote telematics using internet. For access to the Site an internet connection is required, the cost of which is sustained by the Buyer and depends on the tariffs imposed by their provider. Any poor or bad connections are in no way the responsibility of the Seller.
To conclude a contract of sale online, the Buyer must follow the specific procedure described on the Site according to the following steps:
- placing the products to be purchased in the shopping cart;
- acceptance of General Conditions of Sale;
- insertion of all required information; to request an invoice or to indicate a delivery address different to that indicated on the registration form, the specific boxes must be filled in;
- summary of the order containing the following information: list of products and respective prices, Buyer’s data, delivery costs, method and terms of payment, delivery address, approximate delivery times, terms of the right to withdrawal where applicable;
- sending purchase form.
When the purchase form is sent, the Site provides a webpage summary of the order.
The Seller sends an automatic e-mail of confirmation containing a summary of the order, delivery details and referral to the General Conditions of Sale – read and accepted at the moment of placing the order.
The Seller reserves the right to annul (completely or in part) the order placed by the Buyer for one or more of the following reasons:
- one or more products are not available; in the case of partial unavailability, the order will go ahead for those articles available;
- a price error or a bug in the system has been detected;
- the Buyer is not valid as a consumer according to the Consumer Code;
- there is pending litigation and/or complaints concerning previous orders placed by the same Buyer;
- there are not sufficient guarantees of solvency;
- data provided by the Buyer are incomplete or incorrect.
In the above-mentioned cases, the Seller informs the Buyer within 30 days of receipt of the order that it has been cancelled, totally or in part. The communication will be sent to the e-mail address supplied by the Buyer in the order. If the Buyer has already made a payment, this will be totally reimbursed by the Seller who will credit the sum to the same payment means used by the Buyer.
The Seller is not responsible for damage suffered on the part of the Buyer because of non-execution of the contract for any reasons not attributable to him.
The Seller is not responsible for problems attributable to force majeure or unforeseeable circumstances.
Art. 4 – Selling Prices
The selling price of products, delivery costs and methods of payment are those stated on the Site and are expressed in Euro (€).
With reference to the model “Ponza” in the colour petrol blue, the Seller has made an agreement with the Cetacea Non-profit Foundation stating that € 4,00 (four/00 euro) for each bikini sold will be donated to that Foundation. This charity donation will not involve an increase in the selling price and is exclusively borne by the Seller.
Prices may be subject to change, but variations will not be imposed on products already ordered by the Buyer. Delivery costs and possible extra costs are calculated separately and specifically stated in the summary of the purchase order.
In the case of promotions, these will be explicitly stated on the Site.
As specified in article 3, if there is a pricing error due to clerical errors or technical problems, the Seller reserves the right to annul the order, refunding any payment already received from the Buyer.
Art. 5 – Payments
To complete the purchase order, the Buyer can choose solely from among the following methods of payment:
- Credit card
- Rechargeable credit card
- Paypal account
- Bank transfer (if this method of payment is chosen, once the transfer has been made the TRN should be sent to the e-mail address email@example.com. The Seller will reserve the product and dispatch it according to the timing stated in the section “Consignment” upon receipt of payment)
The Seller may at any time modify payment methods, but it is understood that for the Buyer those stated on the Site at the time of ordering will remain valid.
In case of cancellation by the Buyer or in those cases where a refund is necessary, the crediting will be made to the same means of payment as for the purchase order.
The Seller does not handle payment details, which are directly managed by a third party in charge of the payment itself. Furthermore, the Seller is not responsible for security measures used to protect the transaction, nor for possible fraudulent use of credit cards or other payment methods by third parties.
Art. 6 – Consignment
Once the contract is concluded, the ordered products are dispatched according to the timing and methods listed below.
- for orders placed before 12.00 (midday), delivery will be made within approximately 48/72 hours (possible delays will be notified to the e-mail address supplied at the moment of ordering);
- for orders placed after 12.00 (midday), the 48/72 hours for delivery is calculated starting from the following day (possible delays will be notified to the e-mail address supplied at the moment of ordering);
- for orders relating to bags, 10 days of working are foreseen, after which the delivery will be made in approx. 48/72 hours (possible delays will be notified to the e-mail address supplied at the moment of ordering);
- for payments by bank transfer, delivery will follow the above-mentioned timing upon receipt of payment;
- for shipments abroad, the Seller informs the Buyer that expenses for customs duties or import taxes or other extra charges must be paid by the Buyer and will be debited when the package reaches the country of destination. The Seller has no responsibility for such expenses.
In the table below are listed the delivery costs debited to the Buyer according to the country of destination.
|Destination country||Delivery cost|
|Italy||€ 7,50 including VAT|
|Austria, Belgium, France, Germany, Luxembourg, Holland, Spain||€ 15,00 including VAT|
|Denmark, Finland, Greece, Ireland, Portugal, Sweden||€ 17,50 including VAT|
|Croatia||€ 20,00 including VAT|
|Bulgaria, Estonia, Lettonia, Lithuania, Rumania||€ 22,50 including VAT|
|Great Britain (excluding N.Ireland), Norway, Switzerland||€ 25,00 including VAT|
|Canada, United States||€ 30,00 including VAT|
|China, Hong Kong||€ 45,00 including VAT|
|Japan, Singapore||€ 50,00 including VAT|
In compliance with article 61 of Consumer Code, products should be received by the Buyer within a maximum of 30 days from the initial order. Should the Seller not be able to respect delivery times, he will inform the Buyer with a specific e-mail to the address supplied at the time of order.
Once the products have been dispatched, the Buyer will receive confirmation of dispatch together with details for tracking.
On delivery of the products, the Buyer must check that the products contained in the parcel correspond to the order and the details of the delivery document are correct. The Buyer must also check that the packaging has not been tampered with. If the goods have been damaged during transport or there are other defects, the Buyer can refuse the delivery, pointing out the reasons to the courier and must also inform the Seller of this refusal. The Seller will check the returned products, make the necessary complaints to the courier service and prepare a new dispatch.
In compliance with article 63 of the Consumer Code, the risk of loss or damage of goods, for reasons not attributable to the Seller, is transferred to the Buyer only in that moment when he, or a third party delegated by him or different to the courier, comes materially into possession of the goods.
Art. 7 – Cancellation (art. 52 Consumer Code)
The Buyer, as Consumer in compliance with the Consumer Code, has the right to withdraw from the contract for the purchase of products and services without incurring any penalties and without specifying the reason.
The Buyer is obliged to inform the Seller within 14 days (fourteen) of receiving the goods of his wish to make a withdrawal. Where more goods belonging to the same order are delivered separately, the 14-day period begins from the day of delivery of the final goods in the order.
To make a cancellation, the Buyer should send within 14 (fourteen) days:
- the specific form for withdrawal (Attachment 1, part B of the Consumer Code) which can be downloaded by clicking on the specific link
- any other declaration stating his decision to withdraw by means of registered post with a return receipt to the address Via della Fonte di Fauno, 15 – 00153 Rome ( official address), or e-mail/ certified e-mail firstname.lastname@example.orgemail@example.com
The burden of proof of exercising the right of withdrawal shall be on the Buyer.
In the communication of withdrawal, the Buyer must state his wish to withdraw, without necessarily giving the reasons. However, it is necessary to indicate the specific products being withdrawn and to attach the purchase documents.
Once the withdrawal has been received, the Seller confirms receipt by sending an e-mail to the Buyer at the address indicated on the order.
The right to withdrawal is not applicable to (article 59 Consumer Code):
- made-to-measure or personalised goods;
- sealed goods which cannot be returned for reasons of hygiene or health and which have been opened after delivery.
The Buyer must return products in integral state and with the original packaging without undue delay and in any case within 14 days of the date of communication to the Seller of his intention to withdraw.
The Buyer will pay for the cost of returning the items, that is transport costs, as stated in article 57 of the Consumer Code. The original packaging, if undamaged, may be used to return products.
The Seller, having received and checked the returned products, will refund the sum paid by the Buyer (excluding delivery costs) within 14 days by crediting to the means of payment used to buy the goods. The Seller may choose not to refund the price of purchase in the following cases:
- the Buyer does not respect the aforementioned conditions of withdrawal;
- the returned products have been used, worn, dirtied, washed, damaged;
- the returned products are not integral, labels and packaging bag are missing;
- the kit is incomplete (1 top +1 bottom or 1 top + 2 bottoms according to model).
In these cases, the Buyer can ask for a replacement product at his expense.
Art. 8 – Faulty Products
According to article 117 of Consumer Code, a product is considered faulty when it does not offer the assurances one can justifiably expect.
The Seller bears no responsibility for faulty products (article 118 Consumer Code):
- if the defect is due to compliance with a compulsory judicial norm or a binding legislation;
- if scientific and technical knowledge at the time of sale did not consider the product faulty.
Furthermore, the Seller has no responsibility if the Buyer noted the defect after a wrong use of the purchased goods or if the defects resulted from external causes not related to the Seller.
The burden of proof falls on the Buyer, who must prove the defect, damage and causal link between defect and damage.
Art. 9 – Legal Guarantee of conformity (article 128 Consumer Code)
The Seller answers for every eventual defect of conformity that arises within 2 (two) years of the delivery date of the product.
The Buyer must report to the Supplier the defect of conformity within 2 (two) months of the date in which the defect was discovered under penalty of forfeiture.
Excepting proof to the contrary, defects in conformity that appear within 6 (six) months of delivery of the goods are presumed to have already existed at that date, except where this is incompatible with the type of goods or flaw in question.
In the case of a defect of conformity, the Buyer may ask the Seller, in alternative and without cost, except where it is impossible to satisfy the customer or where it would be too heavy an expense for the Seller:
- for the repair or replacement of the purchased item;
- a reduction in price;
- cancellation of the contract and initiation of the procedure of return of goods.
The guarantee is not applicable for goods damaged by improper use or external causes not attributable to the Seller.
The Buyer must send the Seller a formal written request by registered post with a return receipt addressed to Via della Fonte di Fauno, 15 – 00153 Rome (official address) or by e-mail/ certified e-mail to firstname.lastname@example.orgemail@example.com stating the defect and attaching:
- a photo of the product;
- the confirmation of the order sent by the Seller.
The Seller will assess the request and reply, positively or negatively, within 7 (seven) days from receipt of the above. In case of a request for repair or replacement, the Seller will indicate the method of return of the goods as well as the timing to comply with the request.
In the case of a full or partial refund of the price paid, the Seller will make the refund by the same payment means used by the Buyer to buy the product.
All costs related to goods deemed defective will be paid by the Seller.
Art. 10 – Protection of Personal Data
Art. 11 – Applicable Law and Settlement of Disputes
The present General Conditions of Sale are governed by Italian law and shall, therefore, be interpreted and enforced accordingly. For disputes regarding interpretation, validity and execution of the above, the territorial imperative Court is in the place of residence or domicile of the consumer, if located in Italy. This is because the Buyer is a consumer under the discipline of the Consumer Code.
The Seller is willing, where possible, to resolve any eventual disputes with the Buyer in a friendly way. Therefore, any complaint or notification can be sent to the e-mail/certified e-mail firstname.lastname@example.orgemail@example.com.
In compliance with EU REG 524/2013 and the ODR (online dispute resolution) of which the Statutory Instrument 500/2015, the Seller must inform the Buyer that the European Commission has formed an online platform for Online Dispute Resolution related to the purchase of goods online. The ODR platform can be contacted on the link: http://ec.europa.eu/consumers/odr/.
The Buyer has every right to resort to legal proceedings or out-of-court settlement for the disputes described in Part V, title II-bis of the Consumer Code.