General Conditions of Sale
These General Conditions of Sale are drawn up in the English language and govern the supply and sale of products and/or services on the site https://www.kartell.com ("Site"), with the Customer's home being the agreed shipping destination (identified on the Site by the wording "Receive it at home").
Kartell is a registered trademark of which Kartell S.p.a
1. Identification of the seller
The products and/or services purchased on the Site ("Products") are offered for sale and sold by Kartell with its registered office in Italia, Via delle Industrie, 1 - 20082 Noviglio (MI) ("Kartell" or "Seller"), which also manages and maintains the Site on behalf Kartell S.p.a with its registered office in Italy, Via delle Industrie, 1 - 20082 Noviglio (MI) ("Kartell")
2. Applicable legislation and browsing on the Site
The supply and sale of the Products on the Site constitute a distance contract governed by Legislative Decree no. 70 of 9 April 2003 containing electronic commerce (e-commerce) rules, by articles 45 and ff. of Legislative Decree no. 206 of 6 September 2005 ("Italian Consumer Code") and subsequent amendments, and by the Italian Civil Code.
Customers are required to carefully read these General Conditions of Sale, which they are allowed to store and reproduce, as well as all other information that the Seller provides them with on the Site, both before and during the purchase process.
The applicable General Conditions of Sale are those in force on the date of submission of the purchase order. They can be amended at any time unilaterally by the Seller. Any changes and/or new conditions will be effective from the moment they are published on the Site.
These General Conditions of Sale do not govern and are not responsible for the sale of products and/or the provision of services by parties other than Kartell who are present on the Site through links, banners or other hypertext links. On the websites that can be consulted through these links, Kartell do not carry out any checks and/or monitoring and are therefore not responsible for the content of these sites or for any errors and/or omissions and/or infringements of the law by them.
These General Conditions of Sale are applicable in the following countries: "Italy".
The Site allows each Customer to browse and make purchases in Italy, regardless of the State in which they are physically located at the time they access the Site.
3. Purchases on the Site
3.1. Who can make purchases
Only those aged 18 and over are permitted to purchase Products on the Site.
Customers who are considered consumers and Customers who are not considered as such are permitted to purchase Products on the Site.
Pursuant to art. 3, para. 1, lett. a) of the Italian Consumer Code, a Consumer is a natural person who is acting for purposes unrelated to any entrepreneurial, commercial, professional or craft activity in which they are involved. The inclusion of a VAT number during the purchase process indicates that the purchase has been made for purposes related to such entrepreneurial, commercial, craft or professional activities.
The Site is exclusively for retail sales. Under no circumstances may resellers, wholesalers or, in general, anyone who intends to purchase the Products for resale thereafter, make purchases on the Site; Kartell therefore reserves the right not to accept orders from individuals who, due to the quantity of products ordered, the frequency and continuity of orders placed and the recurring nature thereof, or other elements that will be evaluated from time to time, may be considered irregular in view of the normal consumption and usage needs of end consumers, families and businesses.
3.2. Customer registration and obligations and guarantees
Products can be purchased on the Site only by registering on the Site.
Registering on the Site is free. To register on the Site, the Customer must fill in the appropriate form by clicking on "Register/Login".
Registering on the Site allows Customers to carry out the following activities:
- consult the status of their orders online and check the "history" of orders placed (for example, by clicking on the number of each order placed, it is possible to check the order details in full, including the product details, the shipping address and the billing address);
- follow the shipment tracking directly from the order history;
- manage their delivery addresses to speed up new order placements;
- access the after-sales service faster by entering "online reports" directly from their order history;
Furthermore, by accessing their personal area ("Login"), it is always possible:
- to manage information relating to their personal profile (for example, to change the password used to access the restricted area);
- to change data relating to the shipping or billing address and/or add new shipping addresses;
- to modify and manage their preferences and privacy consent.
The Customer affirms that the personal information provided during the registration process on the Site is complete and truthful, and undertakes to hold Kartell harmless and indemnified from and against any damages, compensation obligations and/or sanctions arising from and/or in any way connected to the Customer's infringement of the Site registration rules or rules on the storage of registration information.
In case of a breach of the prohibitions contained in the article hereunder, Kartell reserves the right to take all necessary actions to stop such breach, including suspending access to the Site, cancelling the Customer's registration, or refusing to accept or cancelling orders.
3.3. The Catalogue of products offered on the Site
The Site represents:
- Products and services of the so-called National Catalogue, i.e. products that are offered to all users by Kartell
3.4. Purchase limits
The purchase of featured products is subject to a maximum limit in one cart, represented by a maximum number of 3. Further limitations may be implemented for promoted products, which will be specifically listed as "limited offer applies" (or similar wording) and may be subject to a daily purchase limit of only one item for each customer.
In case of a breach of the prohibitions contained in the article hereunder, Kartell reserves the right to take all necessary actions to stop such breach, including suspending access to the Site, cancelling the Customer's registration, or refusing to accept or cancelling orders.
4. Information required to conclude the contract
In accordance with Legislative Decree no. 70 of 9 April 2003, containing e-commerce provisions, Kartell informs the Customer that:
- to purchase one or more Products on the Site, the Customer must fill out an order form in electronic format and send it to Kartell electronically, in accordance with the instructions that will appear on the Site from time to time;
- before taking steps to submit the order form, the Customer will be able to identify and correct any data entry errors by following the instructions indicated on the Site from time to time, and which will accompany the various stages of the purchase; they must also accept the General Conditions of Sale;
- the contract is concluded when the order form reaches the server used by Kartell;
- once the order form has been registered, the Customer will receive an "Order Registration Confirmation" email at the email address indicated at the time of the order, containing: a summary of the General Conditions of Sale and the special conditions applicable to the contract, the indication of the seller in addition to information relating to the essential characteristics of the product purchased, the detailed indication of the price, the payment means used, the delivery costs and any additional costs, as well as the standard instructions on withdrawal and the template withdrawal form;
- in the "Order completed successfully" email, the Customer will also find a reference to the "Customer Order Number", which they must then use in any subsequent communication with Kartell, as well as a summary of all the Customer data entered in the order. The Customer undertakes to check that it is correct and to promptly communicate any corrections through the Online Customer Service, which can be contacted by accessing the "Customer Service" section of the Site or by retrieving the order details on the Site from the "Order History" or from the "Track your order" section;
- the Customer will be able to access their "Order Details" and check its status through the "Order History" section of the Site;
- from within the "Order Summary", it is possible to make reports and/or request information by way of the "Online Assistance Service";
- Kartell reserves the right to refuse orders made by:
- a Customer with whom it has an ongoing legal dispute;
- a Customer who has previously breached the conditions and/or terms of the purchase contract with Kartell;
- a Customer who has been involved in fraud of any kind and, in particular, fraud relating to credit card payments;
- Kartell also reserves the right to refuse orders from customers who have released false, incomplete or otherwise inaccurate identification data.
- the order form will be filed for the time necessary to execute it and, in any case, in accordance with the law. To access their order form, the Customer can follow the procedure defined in the "Purchase orders" paragraph;
The languages available to users to access the booking service are: Italian. Customer Service is able to communicate with customers in Italian and English.
5. Availability of Products
Kartell is a virtual reseller that lists its products and services based on the availability communicated by its suppliers. The Site constantly undergoes automatic updates to ensure the availability communicated by suppliers reflects what is indicated on the Site as accurately as possibly.
Within the information sheet relating to each Product ("Technical Sheet"), there will be a special section containing information on the availability of the latter. In the event that the Product is accompanied by the wording "On Request", the Customer can take steps to book the Product, which will be ordered by Kartell on behalf of the Customer, who will be notified by email when it becomes available.
5.1. Product Unavailability in Single Orders
Due to simultaneous purchases on the Site, it may be that the Product, even if accompanied by the wording "Immediate Availability", is not immediately available after the submission of the order ("Single Order"). This is for technical reasons. Where the ordered Product is unavailable, without prejudice to the Customer's rights conferred by law and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, Kartell will immediately notify the Customer by email. The Customer will then be entitled to immediately terminate the contract, without prejudice to the right to compensation for damages, pursuant to and in accordance with the provisions of article 61, paragraphs IV and V, of the Italian Consumer Code. The termination of the purchase contract pursuant to this paragraph entails the termination of the credit agreement, ancillary to the purchase contract, if any, entered into by the Customer.
In the event that the Customer makes use of the right of termination pursuant to art. 61, paragraphs IV and V, of the Italian Consumer Code, and the payment of the Total Amount Due has already been made, Kartell will refund the Total Amount Due without undue delay and, in any case, within 14 days of termination of the contract. The refund amount will be communicated to the Customer via email. This amount will be credited using the same payment method used by the Customer for the purchase, according to the provisions of the "Payment Methods" section.
5.2. Product Unavailability in Multiple Orders
In the case of orders relating to multiple Products ("Multiple Order"), if the unavailability concerns only some of the Products covered by the Multiple Order – without prejudice to the Customer's rights conferred by law, and, in particular, by Chapter XIV of Title II of Book IV of the Italian Civil Code, and without prejudice to the application of the previous paragraphs, if the unavailability relates to all Products ordered – Kartell will immediately notify the Customer by email. The Customer will therefore be entitled to immediately terminate the contract, but only as regards the Product and/or Products that have become unavailable, without prejudice to the right to compensation for damages, pursuant to and for the purposes of the provisions of art. 61, paragraphs IV and V, of the Italian Consumer Code.
In the event that the Customer makes use of the right of termination pursuant to art. 61, paragraphs IV and V, of the Italian Consumer Code provided above, the purchase contract concerning the Product and/or Products included in the Multiple Order and that have become unavailable will be partially terminated, but only as regards such Product/s, with the amount due in respect of such Products consequently being paid back, if it has already been paid, including delivery costs, calculated as indicated in the "Delivery methods, costs and terms" section below, and any other additional costs due in specific relation to such Products ("Partial Amount Due ").
The entire Multiple Order can be terminated only if the Multiple Order Products that have become unavailable when other Multiple Order Products are available are proven to be clearly ancillary. In this case, the rules on Product Unavailability in Single Orders will apply.
6. Product Information
Each Product is accompanied by a Technical Data Sheet that illustrates its main characteristics based on the information provided by the manufacturers of the goods. Kartell reserves the right to modify the Technical Data Sheets, without the need for any prior notice.
Kartell will do its best to ensure that the images of the Products published on the Site, accompanying the Technical Data Sheet of a Product, represent the Products offered for sale as closely as possible. The Product colours, however, may differ from the actual colours due to the way users have set their IT systems or computers to display them. Furthermore, the images in the Technical Data Sheet may differ in size or in relation to any ancillary products.
The Site may also contain general purchasing support information, such as that present, by way of example, in the Glossary or in the Buying Guide. This information is intended as general information material that does not represent the Product's actual characteristics. For the purposes of the purchase contract, the description of the Product contained in the order form sent by the Customer will prevail.
All prices published on the Site are expressed in Euros and are inclusive of VAT (and WEEE contributions, where applicable).
Due to various factors, including the commercial policies of the trademark owners, the price of the Products offered for sale on the Site may be different from that used in the Stores
For products booked on the Site with In-Store Purchase mode, the Store undertakes to ensure the price displayed by the Customer on the Site remains valid.
In the event that a list price is indicated on the Site next to the price of a Product, the latter will refer to the usual recommended retail price and will not represent the selling price.
8. Methods, costs and terms of delivery
The Products will be delivered to the shipping address indicated by the Customer in the order form ("Home Delivery").
Products must be delivered within Italy.
The Customer is therefore obliged to enter a shipping address located within Italy in the order form. Orders that contain a reference to a shipping address outside these borders will be cancelled pursuant to and for the purposes of art. 1456 of the Italian Civil Code and the Total Amount Due will be reimbursed, if already paid.
8.1. Place of delivery
Home Delivery is understood as street level, except:
- if communicated otherwise by Kartell Customer Service;
- as provided in the Product Technical Data Sheet;
- if the service "deliver to the required floor" is purchased, where provided.
In the event that delivering "to the living area" proves impossible because the stairs and doors specified in the Product Data Sheet or communicated by Kartell Customer Service do not meet the size requirements, the Courier will deliver the Product at street level. In case of rejection by the Customer, Kartell will still charge the delivery costs.
The Customer is required to report any particular characteristics relating to the place of delivery of the Product and/or its location. In the event that they fail to provide such information or provide incorrect information, any additional costs that Kartell must cover to complete the delivery of the Product will be at their expense.
8.2. Delivery costs
Home Delivery costs are charged to the Customer, unless otherwise indicated in the Product Sheet and during the purchase process. The amount of these charges (including VAT), which may vary depending on the delivery methods chosen by the Customer, as well as the destination, number and weight/volume of the Products that the Customer decides to purchase, will be indicated expressly and separately in relation to the order during the purchase process and, in any case, before the Customer submits the purchase order. This amount will eventually be reported in the order confirmation email.
Where Products are delivered to certain territorial areas, to the smaller islands and to some remote areas specifically indicated during the purchase process, a surcharge may be required ("shipping cost contribution for remote area"); the shipping price including the surcharge is calculated in the cart after entering the shipping address. In case of doubts about the destination, the Customer is invited to ask for information by accessing the following section of the Site: "Online Customer Assistance Service".
8.3. Charges in case of withdrawal
In the event of partial withdrawal from Multiple Orders or partial termination of the purchase contact, the amount of the delivery costs to be reimbursed to the Customer will be calculated based on the weight of the Product subject to withdrawal or termination, by proportionally breaking down the Home Delivery costs in relation to each Product that is part of the Multiple Order, with those attributable to the returned Product being paid back. In any case, the amount of the Home Delivery costs to be paid back will never exceed that actually paid by the Customer.
8.4. Charges for Additional Delivery Services
It is possible to purchase "Additional Delivery Services".
The list of "Additional Delivery Services" available in relation to each Product and their detailed description will be provided in the Product Sheet, via the "Additional Services" button, and in the cart, indicating their exact cost and the details of the service (in Euros and VAT included), and in any case before the Customer sends the order, as the availability and cost of the service are often linked to the destination of the goods.
If the right of withdrawal is exercised, all Home Delivery costs will be paid back to the Customer, including those relating to the "Additional Delivery Services" purchased by the Customer, while the costs for any "Additional Services", other than "Additional Delivery Services", possibly purchased by the Customer, will not be paid back.
8.5. Customer recommendations and obligations upon delivery
The Customer is advised to check on delivery: that the number of packages delivered corresponds to what is indicated in the transport document sent in advance via email; that the packaging is intact and not damaged, wet or otherwise altered; and that the sealing materials (adhesive tape or plastic strapping) have not been tampered with in any way.
The Customer acknowledges that there is a specific obligation to collect the Product under the purchase contract. In case of unsuccessful Home Delivery due to the recipient being away from the address specified in the order form, after two attempts at successful delivery, the package will be left "in storage". In the event of failure to collect the Product from storage within five working days from the day following that on which the Courier left the delivery note, the contract will be considered terminated and the purchase order consequently cancelled pursuant to art. 1456 of the Italian Civil Code. Once the contract is terminated, Kartell will reimburse the Total Amount Due within 14 working days following the termination of the contract, if already paid by the Customer, less the costs of non-delivery of the Product, the costs of returning the Product to Kartell, and any other expenses incurred due to non-delivery as a result of the recipient's absence. The termination of the contract and the refund amount will be communicated to the Customer by email.
In the event of failure to collect the shipment more than twice, the Customer will not be able to make further purchases on the Site. In the event that such individuals place orders in breach of this provision, the purchase contract may be considered terminated by law pursuant to and for the purposes referred to in art. 1456 of the Italian Civil Code, with the Total Amount Due consequently being reimbursed, if paid, according to the procedure and timing referred to in the "Payment Methods" section. The contract's termination will be communicated to the Customer by email.
8.6. Terms of delivery
The Home Delivery times are indicated on the Site in the "Shipping" section accessible via the heading of the same name in the footer of the Site or in the product sheet. They start from the expected shipping date indicated in the product sheet. Furthermore, based on the shipping address entered, the expected delivery date is calculated more precisely in the cart. In the event of failure to indicate the Home Delivery time, it will in any case take place within thirty days from the date the contract is concluded. In the event that the Customer, if available, chooses delivery to the required floor and/or home delivery, which provides for delivery on appointment, the Home Delivery times indicated on the Site refer to the date of the telephone notice as opposed to that of the actual delivery that will be agreed by the Customer with the Courier.
In the case of Multiple Orders, the products included in the multiple order can be divided by shipping method in the cart (e.g. home delivery/delivery by express Courier) and can be delivered at different times. In this case, the home delivery time is specified in the cart for each expected shipment and in any case before the Customer sends the order.
The Home Delivery time of each order (single or multiple) will also be indicated in the "Order completed successfully" email.
Home Delivery is usually carried out on working days, excluding Saturdays, during normal business hours. When calculating the Home Delivery times, neither public holidays nor Saturdays must be calculated.
For the resolution of any logistical or other problems that may arise in relation to Home Delivery, it may be necessary to contact the Customer.
In any case, when Kartell entrusts the order's shipment to the Courier, the Customer is notified via text message and a "Shipping Confirmation" email. This email contains all the details relating to Home Delivery (e.g. list of Products shipped, Total Amount Due, specific forms of payment accepted by the Courier in charge of delivery, tracking number of the shipment linked to the Courier's website (if available), etc.).
8.7. Non-delivery or delay in delivery
The obligation to deliver will be fulfilled once the Products are in the physical possession of the Customer or control thereof is transferred to the Customer.
The risk of loss or damage to the Products, for reasons not attributable to the Seller, will be transferred to the Customer when the Customer or a third party designated by them and other than the carrier, enters into physical possession of the Products.
In the event that the purchased Product is not delivered or is delivered late with respect to the delivery times indicated during the purchase process and in the Order Registration Confirmation email, the Customer, pursuant to art. 61 of the Italian Consumer Code, will prompt the Seller to make the delivery within an additional period appropriate to the circumstances (" Additional Period pursuant to art. 61, paragraph III, Italian Consumer Code"). If this Additional Period expires without the Products having been delivered, the Customer is entitled to terminate the contract (" Termination of the contract under art. 61, paragraph III, Italian Consumer Code"), without prejudice to the right to compensation for damages. The Customer is not obligated to grant the Seller the Additional Period pursuant to art. 61, paragraph III, Italian Consumer Code ("Cases Excluded") and may immediately terminate the contract if:
- the Seller has expressly refused to deliver the Products;
- compliance with the delivery time indicated during the purchase process and in the "Order Registration Confirmation" email is deemed essential, taking into account all the circumstances that accompanied the conclusion of the contract;
- prior to the conclusion of the contract, the Customer has informed the Seller that the delivery must be made by a specified date.
The Customer must notify the Seller of the contract's termination at the addresses indicated in the "Customer Service" section of the Site. In the case of Termination of the Contract pursuant to art. 61, paragraph III, of the Italian Consumer Code, or Resolution in Excluded Cases, the Seller will reimburse the user, without undue delay, the Total Amount Due, if already paid, or will not ask for payment, if not yet paid, as per the procedures indicated in the "Product Availability" section.
In any case, the Seller undertakes to promptly notify the Customer by email of the delay in delivery, at the same time indicating the new delivery time, if available, which must be accepted by the Customer by email. In case of a delivery delay equal to or greater than 10 days, the Seller also undertakes to reimburse the Customer for delivery charges and any other costs requested, as well as for "Additional Delivery Services" or other services purchased by the latter, immediately and in any case within 10 days of the request or, alternatively, to give the Customer a discount voucher equal to the value of the delivery costs paid by the Customer that can be spent on the Site within 3 months.
8.8. Collection of used product
Collecting a used WEEE product (Waste Electrical and Electronic Equipment) involves the online purchase of a new item of an equivalent type. In the Technical Data Sheet in the "Additional Services" section, the WEEE product categories are always indicated and links contain information about how a free collection is carried out and how the Customer can request such a collection. To request this service, the Customer must contact the Customer Service by telephone or the Online Customer Service within one working day of placing the order by accessing the "Customer Service" section of the Site. In the event that the Customer purchases the "Premium" service, the most favourable conditions provided by this service will apply to the collection of used WEEE products, instead of those referred to in this paragraph.
9. Payment Methods
The Products purchased on the Site can be paid for using the Payment Methods described in the following paragraphs. Some Payment Methods may not be usable due to the type of Product purchased and/or the method of delivery or shipment. The Payment Methods actually available to the Customer in relation to each Product will be specifically indicated during the purchase process.
Payments available for orders with Customer Home Delivery:
9.1. Credit card
The Products purchased on the Site can be paid for by credit card directly through the Site. The credit cards accepted by Kartell will be specifically indicated in the "Payments" section accessible from the footer.
In case of payment by credit card, the issuer of the relevant card will only authorise the amount of the actual purchase to be withheld at the same time the contract is signed ("Authorisation"). The Total Amount Due in relation to the purchased Product will actually be charged to the Customer's credit card the day after the shipment (even partial) of the purchased Product. However, in the case of a Product available "On Request", or anything other than immediate availability, Kartell reserves the right to make the charge before shipment, to ensure the Authorisation does not expire.
In all circumstances involving termination of the contract and consequent cancellation of the order before the Customer's credit card is actually debited, Kartell will request the issuer of the relevant card to release the amount committed through the banking systems. The release times depend exclusively on the credit card issuer, and some types of cards may reach their natural expiry, which is normally 24 days from the date of the Authorisation.
Once the issuer of the relevant card has been requested to release the committed amount, in no case can Kartell be held liable for any direct or indirect damage caused by the delay in the release and/or the failure to release the withheld amount on the part of the banking system.
If, after the Total Amount Due is debited from the Customer's credit card, the termination of the contract occurs, with the order consequently being cancelled, Kartell will pay back the Total Amount Due without undue delay and, in any case, within 14 working days from the termination of the contract.
At no time during the purchase process may Kartell access information relating to the Customer's credit card, which is transmitted via a secure connection directly to the site of the card issuer. None of Kartell's computer databases store such data, except in the case referred to in the previous paragraph, but only as regards cardholder information.
9.2. Cash on delivery
The Products purchased on the Site can be paid for on delivery by choosing the "cash on delivery" payment method.
This option is also indicated in the Technical Data Sheet via the "Payments" button. Payment by cash on delivery must be made to the Courier in cash (within the limits of the law).
In the event that the Customer has chosen cash on delivery as a payment method, the Product cannot be delivered until the Total Amount Due is paid by the means indicated above.
The Products purchased on the Site can be paid for via the PayPal payment solution according to the contractual terms and conditions agreed between the Customer and PayPal. In case of payment by PayPal, the amount of the purchase made will be charged by PayPal immediately, at the same time the contract is concluded.
In all circumstances involving termination of the contract and consequent cancellation of the order, the Total Amount Due will be simultaneously paid back to the Customer's PayPal account. The procedures for refunding amounts to the payment instrument connected to the PayPal account are exclusively at the discretion of PayPal. Once the amount of the purchase made on the PayPal account has been credited, in no case can Kartell be held responsible for any direct or indirect damages caused by repayment delays attributable to PayPal or the banking system.
The data entered on the PayPal site will be processed directly by the same and will not be transmitted or shared with Kartell. Kartell is therefore not able to access and in no way stores in any information on the credit card connected to the Customer's PayPal account or information related to any other payment instrument connected with this account.
9.4. Advance Bank Transfer
The Products purchased on the Site can be paid for by Advance Bank Transfer.
In the event that the Customer chooses bank transfer as a payment method, the bank details for making the transfer will be shown on the order confirmation page under the details of the chosen payment method. The same will also be reported in the order confirmation email.
Payment for the Products by bank transfer must be received no later than 7 working days from the date of receipt of the email "communication of bank details". Once this term has elapsed, the contract may be considered terminated pursuant to and for the purposes of art. 1456 of the Italian Civil Code. In the event that Kartell chooses to terminate the contract, it will notify the Customer of this decision without delay.
In the case of payment by Advance Bank Transfer, the delivery times will start from the date of receipt of the transfer by Kartell and not from the date of submission of the order, as happens if the Customer chooses other payment methods.
To facilitate the connection between the payment received by bank transfer and the order placed, the Customer is asked to indicate in the description of the bank transfer:
- the order reference number;
- the date the order was placed;
- the name and surname of the individual who placed the order, if different from the holder of the current account from which the transfer is made.
It is also advisable for the Customer to email Kartell proof of the bank transfer once it has been made.
9.5. Provisions valid for all types of payment
In order to ensure the security of payments made on the Site and to prevent any fraud, Kartell reserves the right to ask the Customer for additional information (for example, a landline telephone number, or a front/back copy of a valid identity card by email or fax). The deadline by which the document must reach Kartell will be specified in the email request. In any case, this deadline will not exceed 4 days. Pending receipt of the requested document, the order will be suspended.
In the event that Kartell does not receive these documents within 4 days of the request or receives expired or invalid documents, the contract will be considered terminated by law pursuant to and for the purposes of art. 1456 of the Italian Civil Code, and the order consequently cancelled, without prejudice to Kartell's right to compensation for any damages it may have incurred due to the Customer's breach. The Customer will be notified by email of the termination.
In the event that Kartell receives the requested documentation within the stated deadline, the delivery terms applicable to the Product will start from the date of receipt of the documentation.
Pursuant to article 14 of Presidential Decree 445/2000 and Legislative Decree 52/2004, for each purchase made on the Site, Kartell will issue an invoice for the material shipped, emailing it to whoever the purchase order is made out (attached to the "Shipping Confirmation" email). The Customer can also download a PDF copy of the invoice, after the delivery of the purchased product, in the "Order History" section. For the issuance of the invoice, the information provided by the Customer when the order is submitted through the Site and that the Customer affirms to be true will apply. No changes can be made to the invoice after its issuance.
10. Right of withdrawal
Pursuant to art. 52 and ff. of the Italian Consumer Code, the Consumer Customer has the right to withdraw from the Product purchase contract without incurring costs other than those directly incurred in returning the goods, as provided for in this section and without having to provide any reasons, within fourteen calendar days ("Withdrawal Period") starting:
- in the case of an order for a single Product, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the material possession of the Products;
- in the case of a Multiple Order with separate deliveries, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the material possession of the last Product;
- in the case of an order for the delivery of a Product consisting of multiple lots or pieces, from the day on which the Customer or a third party, other than the carrier and designated by the Customer, acquires the material possession of the last lot or piece.
In compliance with the provisions of art. 59 of the Italian Consumer Code, the Consumer Customer cannot exercise the right of withdrawal in the cases referred to in the same article 59.
In the event that, should one of the legal hypotheses apply, the right to withdraw is not applicable, this exclusion will be specifically and expressly communicated in the Product Data Sheet and during the purchase process and, in any event, before the user takes steps to submit the order.
10.1. Procedures for withdrawal
To exercise the right of withdrawal, the Customer must inform Kartell, before the expiry of the Withdrawal Period, of its decision to withdraw. To this end, the Customer can:
- use the online return form in the order history for registered users or the link "track your order" in the footer of the Site and select the return request button on the product/s concerned; the reason for the return will be asked via the drop-down menu and, if necessary, more information such as photos of the product. Following receipt of the return request, Kartell will promptly send the Customer confirmation of receipt of the Online Declaration of Withdrawal by email, with the relevant times (date/time of receipt);
- submit any other explicit declaration of their decision to withdraw from the contract ("Declaration of Withdrawal"). The Declaration of Withdrawal must be sent to the following addresses: by registered mail to Kartell - Italy - Via delle Industrie, 1 - 20082 Noviglio (MI). In the event that the Customer makes use of the Declaration of Withdrawal, they are invited to indicate in the Declaration of Withdrawal the order number, the Product(s) for which they intend to exercise the right of withdrawal, and their address.
Since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period rests with the Customer, it is in the Customer's interest to use a durable medium when communicating their withdrawal to Kartell.
10.2. Returning the product in case of withdrawal
The Product, properly packaged and protected, must be sent to Kartell at the Customer's expense without undue delay and in any case within 14 calendar days from the date on which the Customer informed Kartell of their decision to withdraw through a carrier of the customer's choice.
The Consumer is liable for any diminished value of the goods only where that results from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods. The Product may be tried, tested or checked, but must not have been used; it must therefore be stored with normal diligence and returned intact, perfectly suitable for its intended use and free from signs of wear or dirt, completely assembled, accompanied by all accessories and leaflets, with identification tags and labels (where present) still attached to the Product and intact and not tampered with.
The Products sold on the Site are original and are shipped in their authentic packaging; when returning them, the Products must be returned as received, possibly in their original packaging, and including any accessories (e.g. cables, batteries, manuals, etc.) and/or elements that form an integral part thereof.
Furthermore, the withdrawal applies to the Product in its entirety. It cannot be exercised in relation to parts and/or accessories of the Product.
The Standard Instructions on Withdrawal, containing information on exercising the right of withdrawal, are made available to the Customer on the Site before the conclusion of the contract, through the "Right of Withdrawal" link and attached to the "Order placed successfully" email.
10.3. Ineffectiveness of the withdrawal and charges to be borne by the Customer
In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation and/or the Product is not returned intact, completely assembled and/or accompanied by its accessories and/or elements that form an integral part thereof (e.g. cables, batteries, manuals, etc.), it will not result in the termination of the contract and, consequently, will not give the right to a refund of the amount paid by the Customer for the Product. Kartell will notify the Customer by email within 5 working days of receipt of the Product, rejecting the request for withdrawal. If the Product has already been received by Kartell, it will retain it in order for the Customer to collect it which must take place at the expense and under the responsibility of the Customer.
In the event that the Product for which the withdrawal has been exercised has diminished in value as a result of handling the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount equal to this decrease in value. Kartell will notify the Customer, by email, of the circumstances and the consequent reduced refund amount, within 5 working days of receipt of the Product, providing the same, in the event that the refund has already been paid, with the bank details for the payment of the amount owed by the Customer due to the diminished value of the Product.
11. Legal Guarantee of Conformity
All products sold on the Site are covered by the Legal Guarantee of Conformity provided for by articles 128-135 of Legislative Decree no. 206/2005 ("Italian Consumer Code") ("Italian Legal Guarantee").
11.1. Who it applies to
The Legal Guarantee is reserved for consumers. Therefore, it applies only to Customers who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, craft or professional activity in which they are involved.
11.2. When it applies
Kartell is liable to the consumer for any defect found when the product is delivered and which occurs within two years of such delivery. The defect must be reported to the seller, under penalty of voiding the guarantee, within two months from the date on which it was discovered.
11.3. What is considered a defect
Something is considered a defect when the purchased good:
- is not fit for the purpose for which goods of the same type are usually made;
- does not comply with the description made by the seller and does not possess the qualities of the goods that the seller presented to the consumer as a sample or model;
- does not present the usual qualities and features of a similar product of the same type, which the consumer can reasonably expect, taking into account the declarations made in advertising or labelling;
- is not suitable for the particular use intended by the consumer and which was brought to the attention of the seller at the time the contract was concluded and which the seller accepted.
Any failures or malfunctions caused by accidental events or through the fault of the Customer or any use of the product that does not comply with its intended use and/or as provided in the technical documentation attached to the product are therefore excluded from the scope of the Legal Guarantee.
11.4. What to do in case of a defect
In the event that a defect potentially affects the product purchased on the Site, during the validity period of the Legal Guarantee, the Customer must send a specific communication to Kartell, using the Online Assistance Service from within their own "Order details", accessible via the "Order History" section.
Kartell reserves the right to ask the Customer to attach the purchase invoice and/or transportation document or another document proving the date of the purchase made. The Customer Service will promptly reply to the Customer's communication, indicating the next steps they will have to take.
11.5. Remedies available to the Customer
In case of a defect duly reported within the time limits, the Customer has the right:
- primarily, to the free repair or replacement of the goods, at their discretion, unless the requested remedy is objectively impossible or excessively expensive compared to the other remedy;
- secondarily (i.e. in the event that the repair or replacement is impossible or excessively expensive, or the repair or replacement has not been carried out within a reasonable time frame, or the repair or replacement previously carried out has caused significant inconvenience to the Consumer), to a price reduction or the termination of the contract, at their discretion.
The requested remedy is excessively expensive if it incurs unreasonable charges against the seller compared to the alternative remedies that can be carried out, taking into account i) the value the good would have if there were no defect; ii) the extent of the defect; iii) the possibility that the alternative remedy might be carried out without significant inconvenience to the Consumer.
12. Manufacturer's Conventional Guarantee
The products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ("Conventional Guarantee"). The Customer can only enforce this guarantee against the manufacturer. The conditions of application of the Conventional Guarantee depend on the individual manufacturer and are indicated in the so-called guarantee certificate contained in the product packaging.
The Conventional Guarantee is voluntary and does not add to, replace, limit, affect or exclude the Legal Guarantee.
13. Additional Assistance Services for a fee
The Site does not currently contain a provision for the sale of additional after-sales assistance services.
14. Customer Service and Complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting Kartell via the Site by accessing the "Online Customer Assistance Service" section. Kartell will respond to complaints by email or post within a maximum of 5 working days.
15. Customer Service and Complaints
The purchase contract concluded on the Site is governed by Italian law.
For consumer customers who do not reside in Italy, this is without prejudice to the application of any more favourable and mandatory provisions provided for by the law of the country in which they have their residence, particularly in relation to the deadline for exercising the right of withdrawal, to the deadline for the return of the Products where this right is exercised, to the procedures and formalities for communicating the same, and to the legal guarantee of conformity.
16. Dispute resolution
For any disputes relating to the application, execution and interpretation of these General Conditions of Sale, the court of the place where the Customer resides or is domiciled has jurisdiction, if the latter is a Consumer, as defined by the Consumer Code.
Pursuant to and for the purposes of Legislative Decree no. 130 of 6 August 2015, containing provisions for the implementation of Directive 2013/11/EU on alternative dispute resolution for consumer disputes, notice is hereby given of the existence of an online European Union resolution platform, which can be reached at the following address:https://webgate.ec.europa.eu/odr
Customers who reside in a Member State of the European Union other than Italy, can also access, for any dispute relating to the application, execution and interpretation of these General Conditions of Sale, the European procedure established for small claims with Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, and by the subsequent Regulation (EU) 2015/2421 of 16 December 2015, recently amending Regulation (EC) 861/2007, provided that the value of the claim does not exceed, excluding interest, rights and expenses, 5,000.00 euros. The text of the regulation is available on the following website: www.eur-lex.europa.eu.
Last update: 13th August 2022