Contract for the online sale of products marked with the Bubblekid trademark Identification of the Supplier The goods covered by these general conditions for online sale are promoted and offered for sale by the company HCH Srl, Via dell'Industria, 11, 35028 Piove di Sacco (PD), VAT number 04680590280 hereinafter referred to as "Supplier";
1.1. The term "Online Sales Agreement" means the contract drawn up between the Supplier and the Purchaser in a sales system organized by the Supplier through tele-information devices.
1.2. The term "Buyer" means the consumer who is a natural person or legal person making the purchase, referred to in this contract, for purposes unrelated to any commercial or professional activity carried out. In the event that the Purchaser is a legal person (e.g. companies, resellers, etc.) acting for purposes indirectly and / or directly related to their business, it follows that the right of renunciation, also known as withdrawal or more generally rethinking, will not be applied.
1.3. The term "Supplier" refers to the person who promotes and offers for sale their tangible goods, described and presented on the website www.bubblekid.it
2. Object of the contract
2.1. With this contract, the Supplier offers for sale and the Buyer remotely purchases the tangible goods marked with the Bubblekid brand.
2.2. The products offered for sale referred to in Article 2.1. of these conditions are illustrated on the website www.bubblekid.it
2.3. After giving consent to the use of personal data and the use of photographic material, it is also possible to place an order with the Supplier, the Purchaser acknowledges having read and accepted all the conditions of sale, payment and any other contractual condition governed by this contract and put in place during the acquisition procedure;
2.4. The Buyer is not entitled to compensation for damage caused by the non-approval, even if limited, of an order.
2.5. The Purchaser can purchase the products offered for sale by the Supplier at the time the order is sent and which can be viewed on the website www.bubblekid.it as described in the relevant information sheets.
3. Methods of signing the contract
3.1. The contract between the Supplier and the Buyer is concluded remotely, only through the internet. By proceeding according to the procedures indicated, the Buyer will reach the formalization of the proposal for the purchase of the goods offered on the Supplier's website.
4. Conclusion and effectiveness of the contract
4.1. The purchase contract is concluded through the correct finalization of the purchase order, always after viewing a web page summarizing the order, printable, which shows the details of the orderer and the order, the price of the product / s purchased / s, shipping costs and any additional accessory charges, the methods and terms of payment, the address where the goods will be delivered, the delivery times and the existence of the right of withdrawal.
4.2. When the Supplier receives the order from the Buyer, he sends a confirmation e-mail or displays a web page of confirmation and order summary, printable, in which it is important that the data recalled in the previous point.
5. Methods of payment and reimbursement
5.1. Payment by the Buyer can only be made by means of one of the methods indicated on the Supplier's web page, specifically through the Stripe platform.
5.2. Refunds to the Buyer will be credited promptly and, in the event of exercising the right of withdrawal as governed by clause 11 and following of this contract, within 30 (thirty) days from the date on which the Supplier became aware of the withdrawal.
6. Delivery times and methods
6.1. The Supplier undertakes to deliver the selected and ordered products, in the manner chosen by the Buyer at the time of the offer of the goods.
6.2. The Supplier will promptly deliver the purchased products by express courier.
6.3. In the event that in the same order there are items available in stock and ready for delivery together with items to be ordered, the order will be delivered in a single time, therefore upon arrival of the items not immediately available. The Supplier reserves the right to process orders even partially.
6.4 Direct and / or indirect damages due to delayed delivery cannot be charged to the Supplier only in the event that the delayed delivery is attributable to force majeure or unforeseeable circumstances.
6.5. In the event that multiple purchases are made, at the same time (by multiple users), the Supplier reserves the right, once the order has been received, to check the availability of the goods and, in the absence of the latter, to communicate promptly the non-acceptance of the order sent.
6.6. In the event that the courier is unable to deliver due to the absence of the recipient, or because the destination facility is closed, a new delivery attempt will be made. In all other cases (shipment refused, customer transferred, incorrect address or inability to contact the customer to request the collection of the shipment) or if the second delivery attempt is also unsuccessful due to the recipient's fault, the product will be returned to the Supplier , at the expense of the recipient or the buyer who will be awarded a voucher for the money in advance for the purchase of the asset minus the shipping costs.
6.7. Upon delivery of the goods, the Buyer must check that the packaging is intact, not damaged or altered. It is advisable that the consumer affix the words "WITH RESERVE OF CONTROL" on the courier's proof of delivery in order to allow to the Supplier to ascertain the carrier's possible liability in the event of visible and external damage to the delivered package.
6.8. The Supplier requests that any problems relating to damage to the products received be reported within 2 (two) days of delivery, by promptly contacting customer service at the following e-mail address email@example.com who will open a case of damage , theft or anomaly necessary to ascertain any liability of the carrier and verify the presence, the extent of the damage to the physical integrity of the products caused by transport, all must be documented with an image in digital format, to be attached to the communication addressed to the Service Customers of the Supplier. Without prejudice to the Legal Guarantee referred to in art. 132 co. 2 C.d.C. to the consumer.
6.9. Shipping methods, times and costs are indicated and highlighted on the Supplier's website.
7.1. Selling prices of the products displayed and indicated are expressed in euros and constitute an offer to the public pursuant to art. 1336 of the Italian Civil Code
7.2. The sales prices include VAT and any other tax. Shipping costs and any ancillary charges will be promptly quantified by the Supplier with an order confirmation e-mail confirming receipt of the Buyer's order.
7.3. The prices indicated for each of the goods offered to the public are valid until the date indicated, and unless stocks last, on the site www.bubblekid.it
8. Availability of products
8.1. The Supplier ensures the preparation and dispatch of orders without any delay.
8.2. In the event that an order exceeds the quantity existing in the warehouse, the Supplier, by e-mail, will inform the Buyer if the good is no longer available or what are the waiting times to obtain the chosen good, asking if it intends to confirm. the order or not. 9. Limitations of liability
9.1. The Supplier assumes no responsibility for inconvenience attributable to force majeure and accidental cases and in the event that it fails to fulfill the order within the time stipulated in the contract.
9.2. The Supplier will not be liable for damages, losses and costs incurred by the Buyer as a result of the non-execution of the contract for reasons not attributable to him.
10. Obligations of the Buyer
10.1. The Purchaser undertakes to pay the price of the purchased goods within the times and methods indicated in the contract.
10.2. The Purchaser undertakes to print and keep the contract once the electronic purchase procedure has been completed.
11. Right of Withdrawal and Returns
11.1 The Buyer will not be able to exercise the right of withdrawal, in accordance with art. 55 of the Consumer Code, in the following cases: • for the supply of all goods made to measure and personalized; • for the supply of goods which by their nature cannot be returned, which risk deteriorating or perishing rapidly. The right of withdrawal is not allowed to legal and natural persons acting for commercial purposes or in any case related to their business activity, either directly or indirectly.
11.2 To exercise this right, the Purchaser must simply send the Supplier a communication within 14 days from the date of receipt of the selected products. This communication must be sent by registered letter with acknowledgment of receipt addressed, using the appropriate form, called "WITHDRAWAL FORM" which can be downloaded HERE HCH Srl, Via IX Strada, 53, 30030 Fossò (VE), VAT number 04680590280 Once the Supplier receives the withdrawal form, the customer service will communicate to the Buyer an acknowledgment of receipt and instructions to proceed with the return of the goods.
11.3. The right of withdrawal, if granted, is subject to the following conditions: • the right applies on the purchased good in its entirety, as the right of withdrawal cannot be exercised on part of the purchased product; • the purchased product must be intact and returned in its original packaging, complete in all its parts, with packaging and ancillary documentation; • the Supplier is not liable for damage, theft or loss of goods returned by uninsured shipments; • as soon as it arrives in the warehouse, the product will be carefully analyzed to assess any damage or tampering not caused by transport. • Except for possible repair costs for damage to the original packaging, the Supplier will refund the customer the full amount paid within 14 days.
11.4. The right of withdrawal lapses due to the absence of integrity of the goods (packaging and / or its contents), in cases where the Supplier ascertains: • the lack of external and / or internal packaging; • the lack of integral elements of the product; • the lack of the label no longer attached to the product; • damage to the asset. If the right of withdrawal lapses, the Supplier will return the purchased goods to the sender, charging the Buyer the shipping costs and without returning the value of the goods already paid.
11.5 The items must reach the Supplier intact and intact in their original packaging. In no case will unauthorized returns or returns in makeshift packaging be accepted, furthermore, returns will be authorized and accepted regarding products that tend to deteriorate. 11.6 The procedure for replacing a product or one of its components can only be activated with the occurrence of one of the following hypotheses (without prejudice to what is provided for in the event of a lack of conformity in Articles 128 and following of the Consumer Code): • A product other than the one selected by the Buyer was incorrectly shipped by the Supplier and, therefore, not present in his order. Should this misunderstanding occur, the Buyer is obliged not to open the package and report the error to the Supplier;
11.7 In the event that the Purchaser makes use of the right of withdrawal or activates the request to replace an item, before arranging the return shipment, the Purchaser is obliged to contact the Supplier's Customer Service by e-mail. In any case it is necessary to prepare the following documents and data: • original invoice (order number, invoice number, customer code number); • in case of partial withdrawal, in addition to the purchase invoice, the identified code of the item; • specify, especially if you prefer to obtain a refund of the total amount or the replacement of the item.
11.8 In case of Withdrawal: • The product must be returned to the courier, in the original packaging; • the product must not have been used; • the label must still be affixed to the product; • in the event of a return of several items, the return shipment must be made in a single one solution. If all the required conditions are met, the customer will be given the opportunity to choose between exchanging the item or refunding the purchased item using the same payment method used for the purchase within 14 days.
12.1 The products sold by the Supplier are accompanied by the official guarantee of the manufacturer and the legal guarantee of the seller provided for by art. 128 and ss. of the Consumer Code. In any case, the guarantee applies to the product that has aesthetic defects and / or malfunctions that cannot be found at the time of purchase, provided that it is used correctly and with due care.
12.2 To take advantage of the guarantee, the Purchaser must keep the invoice received in electronic format and if possible attach the photographic documentation of the product to the complaint.
12.3 The presumption of lack of conformity is equal to 24 days.
13. Causes for termination
13.1. The constraints referred to in point 10.1 have essential character, so that by express agreement, the non-fulfillment of only one of the aforementioned obligations, if not determined by chance or force majeure, will result in the legal termination of the contract pursuant to Article 1456 of the Italian Civil Code, without the need for a judicial ruling.
14. Method of archiving the contract
14.1. Pursuant to art. 12 of Legislative Decree 70/2003, the Supplier informs the Buyer that each order sent is stored in digital / paper form on the server / at the headquarters of the Supplier itself, according to criteria of confidentiality and security.
15. Applicable law and settlement of disputes
15.1. This contract is regulated by the Italian law. The Competent Court is that of the consumer in the event that the Purchaser is, in fact, a consumer who is a natural person or legal person making the purchase, referred to in this contract, for purposes unrelated to any commercial or professional activity carried out. In the event that the Purchaser was a legal person acting for purposes indirectly and / or directly connected to its commercial activity, for any dispute concerning the validity, interpretation and execution of this sales contract, the parties recognize the exclusive competence of the Court of Padua. In accordance with art. 52 of the Consumer Code, the consumer acknowledges having received all the information necessary for the valid conclusion of this distance contract.
Date Signature Pursuant to art. 1341 of the Civil Code, the Purchaser declares to expressly approve the articles 4,6,9,10,11,12,13,15 of the contract in place here. 2
Date and Signature (attention there must be a second signature with respect to the date and signature above)