Terms and conditions of sale
- GENERAL DISPOSALS
- SELLER IDENTIFICATION
- INFORMATION RELATING TO THE PRODUCTS AND THEIR AVAILABILITY
- PRICE
- CONCLUSION OF THE CONTRACT
- PAYMENT METHODS
- TRANSPORT AND DELIVERY
- 8. CONFIRMATION OF SHIPPING AND DELIVERY
- PACKAGING
- RIGHT OF WITHDRAWAL
- CUSTOMIZED PRODUCTS
- REPLACEMENT OF PRODUCTS
- DEFECTS OF CONFORMITY
- APPLICABLE LAW AND JURISDICTION
- CONTACTS
GENERAL DISPOSALS
1.1 – These general conditions of sale govern all sales of products concluded remotely on the website www.krys-official.com.
1.2 – The language used for the conclusion of sales contracts through this Site are Italian and English.
1.3 – Customers are required to carefully read the General Conditions, available on the Site, in order to become aware of them, memorize them and reproduce them. Krys (as defined below) will send a copy of the General Conditions to the Customer in accordance with the provisions of the following article 5.10 of these General Conditions. The contracts concluded with the Customers will be archived by Krys for the period required by current legislation.
2. SELLER IDENTIFICATION
2.1 – The seller is Krys di Krystal Blair Rossi, a company with registered office in via Bruno Buozzi 39, 06024, Gubbio, Italy, VAT number no. 03865240547, tax code RSSKYS93H67Z404P, REA PG-358741.
3. INFORMATION RELATING TO THE PRODUCTS AND THEIR AVAILABILITY
3.1 – Information relating to the Products, together with the Product codes and their prices, are available on the Site.
3.2 – The graphic representation of the Products displayed on the Site may differ from reality; the Customer must rely exclusively on the description of the Product and its characteristics reported on the Site.
3.3 – Krys reserves the right to limit, at any time, the quantity and/or type of Products that can be purchased on the Site. The style, models and colors of the Products described on the Site may be modified without notice. During the purchase procedure, if it is not possible to process the order due to the unavailability of the ordered Product, the Customer will be notified via an automatic message. Krys is not responsible towards the Customer in the event of unavailability of a Product if this occurs before the conclusion of the contract.
3.4 – Krys is in no case responsible for any errors resulting from the failure of the Customer’s connection to the Site.
4. PRICE
4.1 – The price of the Products indicated on the Site is expressed in Euros and is inclusive of all applicable taxes or duties. Any delivery costs must be added to the price of the Products, which will be indicated separately in the order form, if applicable.
4.2 – Krys constantly checks the accuracy of the prices indicated on the Site; however, the absence of errors cannot be guaranteed. In the event that an error is found in the indication of the price of a Product, Krys will reject the order and offer the Customer the opportunity to purchase the Product at the correct price. If the error is discovered only following acceptance of the order, Krys will offer the Customer the possibility of canceling the order.
5. CONCLUSION OF THE CONTRACT
5.1 – The Site reports the essential characteristics and price of each Product. The information on the Site does not constitute an offer by Krys
5.2 – Before sending an order proposal via the Site, the Customer is required to carefully read all the instructions provided during the purchase procedure (also regarding delivery costs, the conditions for exercising the right of withdrawal and the Privacy Policy) as well as these General Conditions.
5.3 – To purchase the Products, the Customer must (i) insert the selected Products into the “Cart” by clicking on the appropriate button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) transmit the order proposal to Krys via the Site.
5.4 – The transmission of the order proposal constitutes a purchase proposal relating to the selected Products, governed by these General Conditions and binding for the Customer, without prejudice to the right of withdrawal provided for in the following article 10. The transmission of the order proposal by of the Customer entails the latter’s obligation to pay the price of the Products ordered.
5.5 – Before forwarding the order proposal, the Customer has the possibility to make any corrections/modifications to the data entered by following the specific procedure indicated on the Site (by way of example and not limited to, the Customer has the right to modify the quantity of the Products who intends to purchase by adding or deleting one or more Products from the “Cart”).
5.6 -The form with the order proposal and the Customer’s data relating to the order proposal will be kept by Krys for the period of time required by current legislation, as described in the Privacy Policy. Based on Krys’ legitimate interest, we may use the personal data you provide to make a purchase as a guest, with the purpose of classifying our guest profiles based on the amount and frequency of purchases, the number and the type of products purchased, the billing and shipping country and the returns made.
5.7 – Krys may, at its discretion, refuse an order proposal within 30 days of receiving it. In this case, no amount will be owed by the Customer to Krys. Krys may refuse an order proposal, by way of example and without limitation, in the following cases: (i) in the event of unavailability of the Products (without prejudice to the provisions of article 3.3); or (ii) if there is a report, or suspicion, of fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes; or (iii) in the event of failure by the Customer to fulfill its obligations arising from a previous contract concluded with Krys
5.8 – The contract between Krys and the Customer ends when the Customer receives confirmation from Krys of acceptance of the order proposal (“Order Confirmation”). Krys’s acceptance (or rejection) of the order proposal will be sent to the Customer at the e-mail address indicated by the Customer in the order proposal.
5.9 – In case of unavailability of one or more Products ordered, the Customer will be notified by e-mail. In this case the order proposal is canceled or accepted limited to the available Products. In the event of partial acceptance, the Customer is required to pay only the price relating to the available Products (if payment is made by credit card, the Customer will only be charged the amount corresponding to the available Products).
5.10 – The Order Confirmation will contain a summary of the essential characteristics of the Products purchased, a detailed indication of the price and payment methods, information relating to delivery costs, if applicable, the conditions and methods of exercising the right of withdrawal ( including the indication of the exclusion of the right of withdrawal in the case of customized Products), the indication of an address to which complaints can be submitted, information on after-sales assistance services and existing commercial guarantees and a copy of these General Conditions.
5.11 – After receiving the Order Confirmation, the order can no longer be canceled or modified. The return of Products already shipped must be carried out in accordance with the procedure set out in article 10 below.
5.12 – The risk of loss or damage to the Products passes to the Customer when the latter (or a third party designated by him and other than the carrier) physically takes possession of the Products.
6. PAYMENT METHODS
6.1 – The Customer may pay the fee relating to the Products contained in the order proposal and shipping costs, if applicable, by credit card or PayPal. As a buyer, the Customer represents and warrants that he has legally obtained the funds used to pay the price of the Products included in the order proposal (and the related delivery costs, if any) and that he is not involved in any transaction intended to hide the identity, origin or destination of the funds with which the Customer pays the price of the Products ordered (and the related delivery costs, if any).
6.2 – Krys accepts payments made via the following credit cards:
- Visa;
- MasterCard;
- American Express;
- Paypal.
6.3 – Transactions will be charged to the Customer’s credit card only after: (i) the credit card details have been verified; (ii) the debit authorization has been received from the company issuing the credit card used by the Customer, and (iii) the availability of the Products has been confirmed by Krys
6.4. – In some cases (such as for the purchase of customized Products, which will be reported on the Site before the Customer submits the order proposal) the transactions will be charged to the Customer’s credit card only after: (i ) your credit card details have been verified; and (ii) authorization to debit has been received from the company issuing the credit card used by the Customer.
6.5. – Except as provided in article 6.4, no charge will be made to the credit card at the time of transmission of the order proposal, except for the temporary charge that may be necessary to verify the validity of the credit card. It is understood that, following the processing of the order, this temporary charge will be canceled and replaced by the charge corresponding to the amount owed by the Customer. The temporary charge will also be canceled in the event of cancellation of the order.
6.6 – In the event that, for any reason, it is not possible to charge the credit card with the amounts owed by the Customer, it will not be possible to execute the contract and the order will be considered cancelled.
6.7 – For each order Krys will issue a specific invoice which will be sent to the Customer via e-mail or post in compliance with current legislation. The invoice will be issued based on the information provided by the Customer at the time of the order. No changes to the invoice are permitted after its issuance.
7. TRANSPORT AND DELIVERY
7.1 -The purchased Products will be delivered via courier selected by Krys on working days. The Products will be delivered to the address indicated by the Customer in the order proposal. Deliveries are not made to post office boxes.
7.2 – Except in the case of force majeure events or unforeseeable circumstances, deliveries will be made within 30 (thirty) days from the date indicated in the Order Confirmation. In case of non-delivery within the before mentioned deadline, the Customer may terminate the contract and Krys will have to reimburse without delay all expenses incurred under the contract.
7.3 – At the time of delivery. the Customer (or his delegate) must:
- (i) check that the number of packages delivered corresponds to that indicated on the delivery note;
- (ii) check that the packaging and related seals are intact, not damaged, not wet or altered in any way;
- (iii) sign the delivery document; and
- (iv) if requested by the Courier, show an identity document.
Any damage to the packaging and/or the Products or the mismatch in the number of packages or indications must be immediately reported in writing on the Courier’s delivery note. Where permitted by current legislation, once the Courier’s document has been signed without the Customer having raised any objections, the Customer will not be able to raise any objections regarding the external characteristics of the delivered package; it is understood that the Customer may also raise complaints subsequently, in accordance with the provisions of the following article 13 where such complaints concern the Products.
7.4 – Delivery costs, if expected to be paid by the Customer, will be highlighted separately in the order form.
8. CONFIMATION OF SHIPPING AND DELIVERY
8.1 – Krys will send the Customer an email confirming shipment after the Products have been shipped, as well as a second email confirming delivery of the same.
9. PACKAGING
9.1 – The Products purchased on the Site are delivered using the normal packaging used in Krys stores.
10. RIGHT OF WITHDRAWAL
10.1 – The Customer has the right to withdraw from the contract, without specifying the reason, within 15 (fifteen) days from the date on which the Customer (or his delegate for receipt of the Products) physically takes possession of the Products themselves or, in the case of delivery prorated from the day on which the Customer physically takes possession of the last Product.
10.2 – Within the deadline set out in the previous article 10.1, the Customer can start the return process by contacting a Client Advisor info@krys-official.com.
10.3 – Within 14 (fourteen) days from the notice of withdrawal (sent in accordance with the previous article 10.2) the Customer must return the purchased Products to Krys by sending them to the following address: Krys, via Bruno Buozzi 39, 06024, Gubbio (PG), Italy. Unless otherwise indicated on the Site, the costs for returning the Products to Krys are borne by the Customer. The Products must be returned intact, unused, undamaged and with the labels still attached. The Customer is exclusively responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning.
10.4 – Krys will provide a full refund of the sums paid by the Customer, including any reasonable delivery costs, within 14 (fourteen) days from the date on which Krys receives the Products returned by the Customer or from the moment in which the Customer provides proof of having sent back the Products, whichever occurs first. This refund will be made by Krys with the same payment methods used by the Customer for the initial transaction, unless otherwise expressly agreed between the parties and on condition that the Customer does not have to incur additional expenses for this refund.
11. PERSONALIZED PRODUCTS
11.1 – The right of withdrawal does not apply to orders relating to customized Products such as, by way of example and not limited to, Products made based on the specific indications provided by the Customer on the Site.
12. REPLACEMENT OF PRODUCTS
12.1 – Without prejudice to the Customer’s rights provided for in articles 10 and 13 of these General Conditions and with the exclusion of the customized Products referred to in article 11, Krys grants the Customer the possibility of replacing the Products purchased on the Site.
12.2. – The Products must be returned intact, unused, undamaged and with the labels still attached. The Customer is exclusively responsible for any decrease in the value of the Product resulting from handling the Product other than that necessary to ascertain its nature, characteristics and functioning.
12.3 – Krys will refund the amount paid by the Customer with the same payment methods used by the Customer for the purchase, no later than 14 (fourteen) days from Krys’ receipt of the returned Products.
12.4. – Krys will agree to carry out the replacement after verifying the availability of the Products requested in replacement.
12.5. – The replacement will be processed by Krys with the same methods used for each new order, and the same terms and conditions applied to the Customer’s initial order will therefore apply in accordance with the provisions of these General Conditions. In the event of a price difference, this will be paid by Krys to the Customer, if in default; on the contrary, if in excess, Krys will ask the Customer to pay this difference.
13. DEFECTS OF CONFORMITY
13.1 – If the Products sold by Krys present production defects or in any case any alleged lack of conformity, the Customer will be required to contact online assistance, by e-mail or by post, at the addresses indicated below:
Krys by Krystal Blair Rossi, via Bruno Buozzi 39, 06024 Gubbio (PG)
13.2 – The Customer has the right to obtain the total restoration of the conformity of the goods through, at his choice, repair or replacement, and without any expense at his expense. In the event that one of these remedies is objectively impossible or excessively onerous compared to the other, the Customer may obtain an appropriate reduction in the price of the Products or, alternatively, the termination of the contract. The Customer loses these rights if he does not report the alleged lack of conformity to Krys within 15 (fifteen) days of receipt of the goods. In any case, the action aimed at asserting an alleged lack of conformity is prescribed by law within 26 (twenty-six) months from the date on which the Products were delivered to the Customer.
13.3 – In the event that the Customer requests the repair or replacement of the Products due to an alleged lack of conformity of the same within the terms set out in this article 13, the delivery costs for the return to Krys of the Products to be repaired or replace, as well as all costs for returning the repaired or replaced Products to the Customer, will remain the sole responsibility of Krys
14. APPLICABLE LAW AND JURISDICTION
14.1 – These General Conditions and, consequently, the contracts concluded with the Customers are governed by Italian law (in particular, the Consumer Code and Legislative Decree no. 70 of 9 April 2003, “E-commerce Decree”) and must be interpreted on the basis of it.
14.2. – Disputes arising from the interpretation, validity and/or execution of these General Conditions will be referred to the jurisdiction of the judge of the place of residence or domicile of the Customer.
Alternatively, the Customer may choose to access the platform for the extra-judicial resolution of disputes provided by the European Commission, present on the website http://ec.europa.eu/odr
15. CONTACTS
15.1 – For further information and assistance on the Site or on online purchasing methods, the Customer can contact Krys at the following addresses:
Krys by Krystal Blair Rossi, via Bruno Buozzi 39, 06024 Gubbio (PG)