These general conditions of sale and use hereby indicated (hereinafter the "General Conditions") shall apply to the European Union. The General conditions are regulated by the Directive 2011/83/Eu of the European Parliament and of the Council of 25 October 2011 on consumer rights. These General Conditions shall be applied exclusively to online purchases.
Kubikoff Srl (“http://www.kubikoff.com”) owns and operate this Website. This document governs your relationship with Kubikoff (“http://www.kubikoff.com”). Access to and use of this Website and the products andinfosavailable through this Website (collectively, the "infos") are subject to the following terms, conditions and notices (the "Terms of info"). By using theinfos, you are agreeing to all of the Terms of info, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of info.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend theinfoswithout notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Kubikoff Srl or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Kubikoff Srl and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Intellectual Property, Software and Content
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sensitive and private data exchange between the Site and its Users happens over a SSLsecured communication channel and is encrypted and protected with digital signatures.
Sharing your personal information We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party info providers to help us operate our business and the Site or administer activities on ourbehalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Terms of sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Kubikoff Srl you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.Kubikoff Srl retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Kubikoff Srl or may in some cases be a third party. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products andinfosmay fluctuate. All prices advertised are subject to such changes.
- Our Contract:
You agree to our terms andinfosand are committed to the purchase When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
- Pricing and Availability:
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Kubikoff Srl uses Multisafepay for all online payments. The Multisafepay (MSP) terms and conditions apply. MSP uses Secure Sockets Layer. All data will be transferred through a secure connection. The following payment methods are allowed; iDEAL, Banktransfer (NL & BE), Creditcard (Visa, MasterCard), Mister Cash (BE), Giropay and SofortBanking.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
- Order Cancellation:
If you wish to cancel the purchase, you have to proceed within 24 (twenty-four) hours from the order issue date. Cancellations requested by Clients shall not entail any additional costs.
- Delivery terms:
Deliveries shall be made at the postal address provided by user when performing the purchase procedure and recorded in the order. Therefore, users are responsible for the address provided. Kubikoff Srl shall not be liable for any mistakes related to shipments or wrong delivery of products, due to mistaken or incomplete information provided by user when filling in their address.
Delivery times are listed on the website as a date range (minimum-maximum delivery date), and take into account production and shipment lead time. Deliveries are made by means of the most appropriate courier info related to the type of goods and shipping area. Indicatively, the shipment lead time vary from 7 to 14 working days for Europe, and from 14 to 21 days for other destinations.
- Product Claims:
Should customers find that there are problems with the products received, they have the right to contact Kubikoff Srl at firstname.lastname@example.org within (three) days from delivery, in order to advise any discrepancies with their order, may these be wrong items, damaged items, defective items or items with missing parts. Any returned item shall be replaced or, if not replaceable, Kubikoff Srl will refund the product. Please make sure to send a document with photos of the original packaging and the delivery document to email@example.com. Kubikoff Srl will contact you within 3 (three) working days. When a product is returned, it is the customers responsibility to package the item, and all its parts, correctly inside the original packaging material in order to avoid damages. The replacement product manufacturing process and its shipment shall start upon reception of the returned product. Replacing a product or a part of it may require the same or longer shipment and delivery time indicated in the relevant Purchase Order. All expenses linked to returning and replacing a product, as indicated in the above-mentioned clauses of this section, shall be borne by Kubikoff Srl. Kubikoff Srl will provide details for returning every product claim.
- Right of withdrawal:
According to the Code of EU Online Rights and the Directive 2011/83/EU of the European Parliament, customers can exercise the right to withdraw from a Purchase Contract (hereinafter "Right of Withdrawal"), without providing any reason. This shall also entail no penalties. The right of withdrawal can include all purchased goods (complete withdrawal) or only part of them (partial withdrawal). In order to exercise the right of withdrawal, customers shall send a withdrawal communication within 14 (fourteen) days starting from the day the products are physically delivered to a customer or to a Consignee acting on behalf of the customer, and either subject signs the delivery note thereby accepting the goods. The customer is free to withdraw in his own words, provided his/her statement describing his/her decision to withdraw is unequivocal. The goods can be send to our contact address.
The right of withdrawal shall not be applicable to the supply of goods made to the consumer’s specifications, i.e., non-prefabricated goods made on the basis of an individual choice of or decision by the consumer. If the right of withdrawal is not applicable on the products on sale, the Site shall show the phrase "right of withdrawal not applicable" in the product data sheet, in the page of the purchase procedure or in the order confirmation sent via email. Clients are kindly invited to always check the presence of this phrase.
The Product/s shall be returned to the Seller not later than 14 (fourteen) days after having informed the Seller about his/her the decision to withdraw from the purchase. The postmark date will determine the real posting date, alternatively, the collection date by the forwarding agent shall be considered as the return date.
If the customer has exercised his right of withdrawal in accordance with the provisions set forth in these terms and conditions, the Seller will fully reimburse all payments received from the customer, including shipping costs. The reimbursement will be carried out using the same means of payment as the customer used for the initial transaction, without undue delay and, in any event, not later than 14 (fourteen) days from the day on which we are informed about the customer’s decision to withdraw from his/her contract. The Supplier may withhold reimbursement until the goods are received back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
The customer will have to bear the direct cost of returning the goods.
The goods shall be returned in resalable conditions, preferably their original packaging and together with all accessories. Customers are liable for any diminished value of the goods when these are handled differently from the provided instructions regarding verification of an item's nature, features and function. Should this happen, the Seller reserves the right to require a refund from the user due to the decrease in value of the product. Therefore, even if the law in force does not oblige the Buyer to purchase an insurance policy on the goods returned, when exercising the right to withdrawal, may we suggest that Clients acquire one.
All products are sold with a "Legal Guarantee of conformity" in compliance with the Directive 2011/83/EU.
The Legal Guarantee provides for the Consumer to advise the Manufacturer of any flaws found in the purchased item within 2 (two) months from the moment it becomes visible. As soon as the information is communicated to Kubikoff Srl , the consumer shall be entitled to have the item repaired or replaced, with no prejudice to all other rights provided for by this law in favour of Consumers.
The Legal Guarantee shall not be applicable to products that have been repaired, modified or in any way changed by the user. By the same principle, the Legal Guarantee shall not be applicable to any malfunctions, flaws and damages caused by incidents or due to responsibility of the user, or when the product has been used differently from the description in technical documents provided or for a different purpose than the one indicated by the Manufacturer, or in a way that runs counter to the user instructions provided.
Customers have to contact Kubikoff Srl customer info at firstname.lastname@example.org in order to exercise their warranty. The Customer info shall provide all necessary information supporting Clients in exercising their rights.
Customers shall only be able to access their warranty when they have their proof of purchase available.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Kubikoff Srl and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and infos, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Kubikoff Srl liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, infos and/or locations featured on this Website are in no way associated, linked or affiliated with Kubikoff Srl and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and infos and is in no way an assertion that such products or infos are endorsed by or connected to Kubikoff Srl.
You agree to indemnify, defend and hold harmless Kubikoff Srl its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of info.
Kubikoff Srl shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the infos and/or any page of this Website
If any part of the Terms of info is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of info will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments at email@example.com.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of info constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Kubikoff Srl Any waiver of any provision of the Terms of info will be effective only if in writing and signed by a Director of Kubikoff Srl.
Via Pisana, 80 - Loc. Le Grillaie 50021
Barberino Val D'elsa (Florence) ITALY
Tel: (+39) 055 53 59 087
Fax: (+39) 055 8078 330
VAT: IT01133900520 | REA: FI-604278