Help
BUYING GUIDE
Making a purchase
on Kocca is quick and easy! If the product you want to buy is in our online
catalogue, select the required information in the product page and click on
"Buy"; if you have already registered an account on our online store
you will be immediately directed to the payment page and guided throughout the
purchase procedure. Otherwise, you will be asked for some simple information to
create your account and you can then complete your purchase by following our
guided procedure.
YOUR ACCOUNT
After placing an
order on Kocca, you can check all the details by logging into your account by
entering the email and password you chose when registering and clicking on
"My orders". From your account, you will be able to view the date,
content, amount and shipping address of your order, as well as the processing
status. From your account you can also contact our Customer Service from the
"Contact" section and carry out the online return procedure for each
order that has already been delivered.
GENERAL CONDITIONS
OF SALE
Index
- <="" span="" ><="">Definitions
- Object
- Conclusion of the Sale and Purchase
Agreements
- Availability of Products
- Price and shipping costs
- How to send Orders
- Terms of payment
- Shipping and delivery of Products
- Right of withdrawal
- Defects / discrepancies of the Products
- Product Liability
- Privacy
- Errors and/or inaccuracies in the Online
Shop
- Intellectual property
- Applicable law
- Contacts
- Definitions
The terms and
locutions listed below have the meaning indicated below, it being understood
that the terms defined in the singular are also defined in the plural and vice
versa.
- Customer: means
any subject (natural or legal person) who purchases one or more Products
through the On-Line Shop, accepting the General Conditions.
- B2X S.r.l. :
means B2X S.r.l Via Coponia 8, 00131 Rome, Kocca's concessionary company for
the retail sale of Products through the On Line Shop.
- Parties: jointly
means B2X S.r.l. and the Customers.
- General
Conditions: means these general conditions of sale and any future new versions
that may be published in the Online Shop by B2X S.r.l.
- On Line Shop:
means the virtual shop, managed by B2X S.r.l. and accessible via the URL
http://www.kocca.it, through which it is possible to purchase the Products.
- Sale and Purchase
Agreements: means the purchase and sale agreements for the concluded Products,
pursuant to art. 3., between B2X S.r.l. and Customers through the Online Shop.
- Orders: means the
purchase orders for Products sent by Customers, in compliance with the General
Conditions and following the procedure referred to in art. 6.
- Order
Confirmation: means the e-mail message through which Kocca communicates
acceptance of Orders to Customers.
- Price: means the
sale price of the Products as indicated in the On-Line Shop in correspondence
with the Products themselves.
- Products: means
the products published in the On-Line Shop for the purpose of their sale.
- Profile: means
the area of the Online Shop in which Customers can, after authentication: (i)
view and modify their personal data and the addresses where the Products
covered by the Orders must be shipped and delivered; (ii) view previous Orders;
(iii) access any other specific function related to their activity in the
Online Shop.
Object
2.1 The General
Conditions govern all the Sale and Purchase Agreements and form an integral
part thereof.
2.2 B2X S.r.l.
reserves the right to modify the General Conditions at any time without notice,
it being understood that those published in the Online Shop at the time the
Orders are sent by the Customers will be considered applicable to the Sale and
Purchase Agreements.
2.3 In the event
of a conflict between the General Conditions and any other terms and conditions
relating to the Sale and Purchase Agreements published in the On-Line Shop, the
General Conditions will apply.
Conclusion of the
Sale and Purchase Agreements
3.1 Kocca
undertakes to send the Order Confirmation to the Customers within 2 working
days of receiving the Orders from the Customers. In the same period of time
Kocca may deny or revoke an Order Confirmation if the same shows a Price of an
incorrect amount (even if this amount was actually indicated in the Shop) with
respect to the Price List applied by Kocca, as specified in the following point
5.1.
3.2 The Sale and
Purchase Agreements are understood to be concluded between the Parties when the
Customers receive the Order Confirmation. If the Customers do not receive the
Order Confirmation within the term indicated in art. 3.1, the relevant Order
shall be considered rejected by B2X S.r.l., Kocca's concessionary company for
online sales, and, therefore, ineffective.
3.3 By placing
and completing the Orders, the Customers declare that they have read all the
instructions relating to the method of purchasing the Products pursuant to art.
6 and that I have fully accepted these General Conditions as well as that I
have read all the additional information contained in the On-Line Shop, also
referred to via links.
3.4 The Orders
will be filed in the Online Shop database, according to the methods and in
compliance with the provisions of Legislative Decree 06.30.2003 n. 196
("Privacy") and will be accessible by contacting B2X S.r.l. to the
references referred to in art. 16 or by accessing the Profile.
Availability of
Products
4.1 The type of
Products published in the Online Shop and their availability may vary at any
time and the Customers, by accepting these conditions, agree that this does not
imply any liability on the part of B2X S.r.l. against the customer for any
variation in availability or non-availability of the products.
4.2 The
indication relating to the availability of the Products is not binding, it
being understood that the Products indicated as "not available"
pursuant to art. 4.1 (ii) cannot be ordered by Customers. In the event of
unavailability of a Product indicated as available at the time the Order is
sent by a Customer, B2X undertakes to cancel and refund the orders which cannot
be processed completely. For partially unanswerable orders, B2X undertakes to
reimburse the customer for the value of the missing products.
Price and
shipping costs; taxes and duties
5.1 The Price is
expressed in € (Euro), except for countries with different foreign currencies
or at the sole discretion of B2X S.r.l. The applicable Price is the one
published on the Online Shop at the time the Orders are placed by the
Customers. The Customer must do everything in his power to ensure that he is
aware of the currency used in the transaction, and B2X S.r.l. will not be held
responsible for any loss or damage due to using a different exchange rate.
5.2 The Price is
understood to include VAT in the applicable percentage and according to the
legislation (for example 22%, excluding countries in which the applicable VAT
number differs, such as for example the United Kingdom where it is 20%) if the
Products are shipped from B2X S.r.l. and delivered within the European Union.
If the Products are shipped by B2X S.r.l and delivered outside the European
Union, the Price does not include VAT.
5.3 The Price
does not include shipping costs. B2X S.r.l. reserves the right to ask Customers
for a contribution towards shipping costs which may vary according to the type
of delivery, the quantity of Products to be delivered, their volume, their
weight and their destination.
5.4 The
contribution requested by B2X S.r.l. for shipping costs it is indicated,
separately from the Price, before the Order is sent by the Customers and will
be paid by the Customers together and at the same time as the payment of the
Price according to the methods set out in art. 7.
5.5 Any taxes,
duties, and other charges established by the laws of the State where the
Products are shipped and delivered will be entirely borne by the Customers and
paid by them upon delivery of the Products, directly to the competent tax or
customs authorities or to the appointed courier of the delivery. These costs
will be, in complete transparency, paid to the courier at the moment of the delivery of the order.
How to send
Orders
6.1 In order to
proceed with sending the Orders, Customers can register in the Online Shop by
entering all the "mandatory" data and choosing a password to send the
Orders and to access their Profile, even at a later time.
6.2 Customers can
purchase the Products by selecting them in the section of the On-Line Shop
dedicated to the type of Product they are looking for and placing them in the
"cart". If the Products that the Customers intend to purchase are
more than one, the same procedure above must be repeated by clicking on
"add other products". Once the choice of Products has been completed,
the Customers must, if they have not already done so, proceed with the
registration pursuant to art. 6.1 or, if already registered, they must
authenticate themselves by entering their e-mail address and password in the
spaces provided and click on "proceed to checkout". Having verified
the correctness of the data relating to the chosen Product/s and of the
"shipping information", the Customers must choose the payment method
pursuant to art. 7. Once the payment method has been chosen, Customers can
proceed with sending the Orders by clicking on "send". The Client
shall ensure that his 'login' details are not disclosed to third parties. B2X
S.r.l. will not be held responsible if third parties are able to access the
customer's account using the correct "login" data.
Terms of payment
7.1 Customers can
pay the Price and the contribution for shipping costs pursuant to art. 5 by
credit card, PayPal or other means of payment which may be indicated by B2X
S.r.l. in the Online Shop. B2X S.r.l. reserves the right to vary, at any time,
the means of payment that can be used by the Customers, it being understood
that those published in the On-Line shop at the time the Orders are sent by the
Customers will be understood to be usable.
7.2 In case of
payment by credit card, the charge to the Customers of the Price and the
contribution for the shipping costs referred to in art. 5 takes place, once the
credit card details have been verified and the debit authorization has been
received from the company issuing the credit card used by the Customers, at the
same time as B2X S.r.l. of the Order Confirmation. The credit card data sent
during the execution of the Orders are protected and are sent directly to the
banking company that manages the payments. Payment is made directly on a secure
server, with an SSL encryption key. Credit card data are not accessible by B2X
S.r.l. or in any case of third parties, neither at the time the orders are sent
nor subsequently. For this reason, in the credit card statement, the Customers
will receive the charge with the reason "B2X srl – KOCCA".
7.3 In case of
payment via PayPal, at the time the Orders are sent by the Customers, the Web
session will be transferred to PayPal's secure website. On this website, Customers
can complete the payment of the Price and the contribution for the shipping
costs referred to in art. 5 using their PayPal account and according to the
conditions of use of the PayPal service signed by the Customers at that time or
previously. The charge of the Price and the contribution for shipping costs
pursuant to art. 5 on the Customer's PayPal account takes place at the same
time as B2X S.r.l sends the Order Confirmation.
7.6 If requested
by Customers at the same time as placing Orders, B2X S.r.l. will send the
Customers a regular invoice, by e-mail or post. For the purpose of issuing the
invoice, the information provided by the Customers shall prevail. No variation
of the invoice will be possible after its issue by B2X S.r.l.
7.7 The information
received from B2X S.r.l pursuant to this article 7 will be used exclusively to
complete the procedures relating to the sale of the Products and for the
reimbursement procedures in the event of exercising the right of withdrawal
pursuant to art. 9. by Customers.
Shipping and
delivery of Products
8.1 Given that
for "shipping" of the Products by B2X S.r.l. means the delivery of
the same to the couriers selected from time to time pursuant to art. 8.2, B2X
S.r.l. is not required to ship the Products until it has received payment of
the Price; once payment of the Price has been received, B2X S.r.l. agrees that
the Products are collected by couriers from the warehouses: (i) in the case of
available Products (as defined in art. 4.): - within 3 working days of receipt
of the debit authorization communication pursuant to art. 7.2 when paying by credit
card; - within 3 working days from the moment it was made available to B2X
S.r.l. the information of successful payment in case of payment by means other
than credit card; (ii) in the case of available Products which have become
unavailable (as defined in art. 4.3), within 3 working days from the moment in
which such Product or such Products are available again at Kocca's warehouses.
; if the products are not available again, the amount paid for these products
will be refunded as soon as possible on the same payment method used by the
customer and he will be notified by e-mail; (v) in the event that the
availability of one or more Products is not indicated (as per the option
pursuant to art. 4.6) and the Products are available in the warehouses of Kocca
S.r.l. at the time of sending the Order by Customers: - within 3 working days
of receipt of the debit authorization communication pursuant to art. 7.2 when
paying by credit card; - within 3 working days from the moment it was made
available to B2X S.r.l. the information of successful payment in case of
payment by means other than credit card; (vi) in the event that the
availability of one or more Products is not indicated (as per the option
pursuant to art. 4.6) and the Products are not available in Kocca's warehouses.
at the time the Order is sent by the Customers, within 3 working days from the
moment in which the Products are available at the Kocca S.r.l. warehouses B2X
undertakes to cancel and refund totally unfulfillable orders. For partially
unanswerable orders, B2X undertakes to reimburse the customer for the value of
the missing products.
8.2 B2X S.r.l.
agrees that the shipment of the Products, in the States indicated in the
On-Line Shop, takes place via express couriers selected from time to time according
to the Product object of the Order and the place of destination. The Products
are shipped by B2X S.r.l. and delivered by the courier selected by B2X S.r.l.,
to the address indicated by the Customers at the time of registration pursuant
to art. 6.1 or to a different address indicated at the time the Order is sent.
8.3 B2X S.r.l.
agrees that everything in its possibilities be done so that the Products
shipped pursuant to articles 8.1 and 8.2 are delivered by selected couriers: -
in Italy within 48 hours from the date of shipment; - outside Italy within 10
days from the date of shipment. B2X S.r.l. assumes no responsibility for the
delay in delivery of any product.
8.4 The delivery
terms pursuant to art. 8.3, cannot, in any case, be considered binding and B2X
S.r.l. not being able to directly control the deliveries of the Products after
their shipment, it cannot be held responsible in any way for their
non-compliance.
8.5 In order to
allow Customers to follow the status of the Orders, B2X S.r.l. generates an
Order number which, inserted in the "My orders" section - accessible
from all pages of the On-Line Shop - allows you to check all the information
relating to the Orders.
8.6 Customers can
also check the status of the Orders thanks to the online "Order
Tracking" function provided by the courier chosen by B2X S.r.l. for the
delivery. This verification can be carried out by the Customers only after the
shipment of the Products and using the tracking data communicated by B2X S.r.l.
by e-mail or by accessing the Profile.
8.7 Customers, or
other subjects appointed by Customers who are at the address indicated for the
delivery of the Products in the Order Confirmation, are required to verify, at
the time of delivery, that: (i) the Products correspond to what is indicated in
the courier transport document (DDT) both by number and by type; (ii) the
packaging/package of the Products is intact, not damaged, wet or otherwise
altered, even in the sealing materials.
8.8 Any damage to
the packaging/packaging of the Products must be immediately contested by the
Customers by affixing a written control reserve on the courier's proof of
delivery. It is understood that, once the courier's document has been signed
without any objection, the Customers can no longer raise any objection to B2X
S.r.l. with reference to the external characteristics of what was delivered.
8.9 The Products
can be delivered by couriers only to Customers or to persons authorized by
them; the person to whom the Products are delivered must affix a signature to
certify the delivery. Couriers do not deliver to post office boxes or by
placing the Products in letterboxes or other similar places.
Right of
withdrawal
9.1 If the
Customers are "consumers" (i.e. a natural person who acts for
purposes unrelated to any entrepreneurial, commercial, craft or professional
activity carried out), the Customers have the right, pursuant to and for the
purposes of art. 64 of Legislative Decree no. 206/2005, to withdraw from the
Sale and Purchase Agreements within 14 days from the date of receipt of the
Products covered by the Sale and Purchase Agreements. The right of withdrawal
must be exercised by customers by sending B2X S.r.l. a written communication,
by e-mail to the address referred to in art. 16., containing: (i) the
expression of will to exercise the right of withdrawal; (ii) the indication of
the Order that gave rise to the Sale and Purchase Agreement from which they
intend to withdraw.
9.2 In case of
exercise by the Customers of the right of withdrawal pursuant to this art. 9.:
(i) Customers undertake to return the Products within 10 working days from the date
of the notice of withdrawal pursuant to art. 9.1; (ii) all costs associated
with returning the Products are entirely borne by the Customers; (iii) B2X
S.r.l undertakes to reimburse the Price in the shortest possible time, and in
any case within 30 days from the date of receipt of the notice of withdrawal
pursuant to art. 9.1, provided that: - the Products have been returned and are
intact; - the original packaging/packaging of the Products is also returned and
is intact; - any accessories, instruction manuals, etc. are also returned and
are intact; - the Products have not been used; (iv) B2X S.r.l. will communicate
to the Customers the methods of reimbursement of the Price.
9.3 If the
Customers exercise the right of withdrawal in a way that does not comply with
the terms and conditions set out in this article 9, the Customers are not
entitled to a refund of the Price.
Defects /
discrepancies of the Products
10.1 If the
Products present a guarantee recognized by the manufacturer of the same
(commercial / conventional guarantee), any defects/non-conformities of the
Products must be reported by the Customers directly to the manufacturer
according to the methods and terms indicated in the guarantee itself.
10.2
"Consumer" Customers (as defined in art. 9.1) can request from the
seller, within the term set out in art. 132 of Legislative Decree 206/05
(Consumer Code), the remedies provided by the same Consumer Code for defects in
conformity of the Products existing at the time of delivery of the goods.
Product Liability
The manufacturer
of the Products is the person responsible for any damage caused by defects in
the Products themselves.
Privacy
Kocca through B2X
S.r.l. declares and guarantees that the Customers' personal data will be
treated in compliance with the provisions of Legislative Decree 196/03, and
subsequent amendments. The details relating to the methods of data processing
are communicated to customers at the time of registration pursuant to art. 6.1
or 6.2.
Kocca through B2X
S.r.l. has taken every precaution to avoid the publication, on the website, of
contents that describe or represent scenes or situations of physical or
psychological violence or such that, according to the sensitivity of the users
of the site, may be considered harmful to civil beliefs, human rights and the
dignity of people, in all its forms and expressions.
In any case Kocca
through B2X S.r.l. does not guarantee that the contents of the website are
appropriate or lawful in other countries, outside Italy.
However, if such
contents are deemed unlawful or illegal in some of these countries, please do
not access our website and if you choose to access it in any case, we inform
you that the use you decide to make of the services provided by the site will
be your exclusive and personal responsibility.
Kocca through
eB2X S.r.l. has also taken every useful precaution in order to ensure users
that the contents of the site are accurate and do not contain incorrect or
outdated information, with respect to the date of their publication on the
website and, as far as possible, even subsequently.
However Kocca
through B2X S.r.l. does not assume any responsibility towards users regarding
the accuracy and completeness of the contents published by Kocca S.r.l. through
B2X on the website, without prejudice to its liability for willful misconduct
and gross negligence and unless otherwise provided by law.
Furthermore,
Kocca through B2X S.r.l. cannot guarantee its users that the website will
operate continuously, without interruptions and in the absence of errors or
malfunctions due to the Internet connection.
For any problem
encountered in using the website, contact Customer Service. A manager of B2X
S.r.l. will be at your disposal to provide you with assistance and to help you
restore the functionality of your access to the website, if this is possible.
Likewise, we
advise you to contact your Internet service provider or to check that each
device for connecting to the Internet and accessing web content is correctly
activated, including your Internet browser.
Although Kocca
through B2X S.r.l. will try to do everything possible to ensure continuous
access to the website, the dynamic nature of the Internet and its contents may
not allow the site to operate without suspensions, interruptions or
discontinuity due to the need to update the website.
Kocca through B2X
S.r.l. has adopted adequate technical and organizational measures to safeguard
the security of the services on the site, the integrity of data relating to
traffic and electronic communications with respect to unauthorized forms of use
or knowledge as well as to avoid risks of dispersion, destruction and loss of
confidential and non-confidential data and information relating to its users,
or of unauthorized access, or access that does not comply with the law, to the
data and information themselves.
Intellectual
property
All intellectual
property rights connected to the Online Shop (including the contents) are the
exclusive property of B2X S.r.l. and/or Kocca. The On-Line Shop and its
contents may not be reproduced either in whole or in part, transferred by
electronic or conventional means, modified, connected and used for any purpose
without the prior written consent of Kocca and B2X S.r.l. .
Applicable law
15.1 The General
Conditions and the Sale and Purchase Agreements are governed by Italian law (and
in particular by Legislative Decree 206 of 06/09/2005 - which in articles 50 to
67 governs distance contracts - and by Legislative Decree 70 of 09/ 04/2003 on
electronic commerce) and must be interpreted in the light of this.
15.2 Any dispute
that refers to the interpretation, execution, non-fulfilment or termination of
the Contract, or that in any way is related to the General Conditions of Sale,
will be subject to the jurisdiction of the Court of Rome, when the law does not
provide for the exclusive jurisdiction of the consumer. The ODR platform can be
consulted at the following address http://ec.europa.eu/consumers/odr/
Contacts
For further
information and assistance on the Online Shop or on the methods of purchasing
on the Online Shop or on the Sale and Purchase Agreements, Customers can
contact B2X S.r.l. through our customer service at support@kocca.it.