Termini e Condizioni
Here you can find the different meanings to allow a complete understanding and acceptance of terms and conditions:
KOSMOS©: Is the owner company with an office in Via Porrettana 66, 40033 Bologna, BO, Italy.
KOSMOS©: It is an e-commerce platform for the purchase of clothing and accessories produced internally or by third parties.
Products: The products and/or services offered through KOSMOS©.
User: The subject who accesses KOSMOS© without distinction of legal nature and pursued purpose, interested in the products offered through KOSMOS©.
Consumer: Natural person who acts for purposes unrelated to any commercial, craft or professional entrepreneurial activity carried out.
Conditions: This contract governs the relations between KOSMOS© and the users and the sale or supply of the products offered through KOSMOS©.
STIPULATION, CONCLUSION AND EFFECTIVENESS OF THE CONDITIONS
The purchase contract for the products is concluded by completing and sending the order page correctly. This order page shows the details of the orderer and the order, the price of the purchased product, any additional accessory charges, the payment methods and terms, the address where the product will be delivered, the delivery times and the existence of a right of withdrawal as well as consent to the processing of personal data.
When KOSMOS© receives the order from the user, it sends a confirmation e-mail or displays a printable order confirmation and summary web page, in which the data was recalled in the previous point.
The Conditions are not considered effective between the parties in default of what is indicated in the previous point.
KOSMOS© may modify or simply update these conditions, in whole or in part. The user acknowledges and accepts that any changes to these conditions will apply to orders sent by users after the date of communication of the modification of the conditions. The user is therefore invited to view the conditions at each access to KOSMOS and it is advisable to print a copy for future reference.
It is understood that in no case KOSMOS© can be held responsible in case of loss, diffusion, theft or unauthorized use by third parties, for whatever reason, of the users' access credentials.
ACCOUNT CANCELLATION AND CLOSURE
Registered users can stop using the services at any time and deactivate their accounts or request their cancellation through the KOSMOS interface, if possible, or by sending a written communication to our customer service.
KOSMOS©, in case of violation by the user of these conditions or of the applicable legal provisions, reserves the right to suspend or close the user's account at any time and without notice.
PURCHASES ON KOSMOS
The purchase of one or more products through KOSMOS is allowed both to users who have the quality of consumers, and to users who do not have this quality.
Pursuant to art. 3, I comma D. Igs. 206/2005 ("Consumer Code") it is recalled that natural persons who, in relation to the purchase of the products, act for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out.
Natural persons are allowed to purchase only on the condition that they are eighteen years old (18).
KOSMOS© undertakes to describe and present the products sold on KOSMOS in the best possible way. Nevertheless, some errors, inaccuracies or small differences between KOSMOS and the actual product may emerge.
Furthermore, any photographs of the products on KOSMOS do not constitute a contractual element, as they are only representative.
The user expressly attributes to KOSMOS© the right to accept even only partially the order placed (for example in the event that all the products ordered are not available). In this case, the contract will be considered finalized in relation to the products actually sold.
KOSMOS© reserves the right to refuse and cancel an order:
When the product is not available.
When the authorization to debit the cost of the product to the user is denied.
When at the time of purchase an obviously incorrect and recognizable price is indicated. In this case, the user will be contacted by customer service to be informed and will receive a refund for the transaction made.
PRICES AND PAYMENTS
KOSMOS© reserves the right to modify, at any time, the price of the products and any shipping costs of the same. It is understood that any changes will in no case affect the contracts already concluded before the change.
Any other tax and/or shipping costs charged to the user will be indicated before confirming the purchase.
The user undertakes to pay the price of the product purchased in the times and methods indicated on KOSMOS.
Any refund to the user will be promptly credited after careful verification and inspection of the returned product, using one of the methods proposed by KOSMOS© and chosen by the user and, in case of exercise of the right of withdrawal, at the latest within 14 days from the date in which KOSMOS© became aware of the withdrawal itself and unless there are delays in returning the product.
KOSMOS uses third-party tools to process payments and does not in any way come into contact with the payment data provided (credit card number, name of holders, passwords, etc.).
Should such third-party tools deny the authorization to pay, KOSMOS© will not be able to supply the products and will not be liable for any delay or failure to deliver.
The user who wishes to receive the invoice will be asked for the billing data at the time of purchase and subsequently must request it personally by writing an email to our customer service. For the issuance of the invoice, the information provided by the user, which he declares and guarantees to be truthful, will prevail, releasing to KOSMOS© every broadest indemnity in this regard.
METHOD OF DELIVERY OF MATERIAL PRODUCTS
Material product means any movable or digital good provided on a tangible medium offered through KOSMOS.
The material products ordered will be delivered to the user, at the address indicated by him, in the manner chosen by the user or indicated on KOSMOS at the time of purchase. Delivery will take place within the terms indicated in the order confirmation.
Upon receipt, the user is required to verify the conformity of the package and the product delivered with the order placed; only after this verification will the delivery documents be signed, without prejudice to the right of withdrawal.
Should an order exceed the quantity existing in the warehouse, KOSMOS©, by e-mail, will inform the user if the product is no longer bookable or what are the waiting times to obtain it, asking if it intends to confirm the order or not.
KOSMOS© assumes no responsibility for the delay or failure to deliver the product due to force majeure such as accidents, explosions, fires, strikes and/or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, to execute within the agreed time.
KOSMOS© will not be liable to any party or third party for damages, losses and costs incurred as a result of the non-execution of the contract for the reasons mentioned above, as the user is only entitled to a refund of any price paid.
RIGHT OF WITHDRAWAL OF MATERIAL PRODUCTS
The user who plays the role of consumer and who for any reason is not satisfied with the purchase of material products has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason within the term of 14 days from the product delivery date.
In order to withdraw from the contract, the user must contact KOSMOS© at the customer service (email@example.com). The user will be informed of the modalities concerning the return of the product. The date of delivery to the post office or to the forwarder will be valid between the parties.
In the event of withdrawal, KOSMOS© will refund the payments received from the user without undue delay and, in any case, no later than 14 days from the day on which the user communicated to KOSMOS© that he wishes to withdraw from the contract unless there are delays in the return.
KOSMOS© will refund the user in the same payment methods used by the user for the online purchase.
In case of return in compliance with all requests, KOSMOS© will proceed with the refund, withholding only the return shipping costs charged to the customer.
The user is responsible for the integrity of the product as long as the same asset is in his possession and must take all appropriate measures to preserve the product and do everything possible to ensure that the product is returned in the best possible conditions, including the instruction labels, accessories, any separate items and any other components. The product must not have been subject to manipulation other than that necessary to establish the nature, characteristics and functioning of the product.
KOSMOS© will not take into consideration requests for return in the event that the returned product is malfunctioning due to improper use, negligence, damage or physical, aesthetic or superficial alterations, tampering or improper maintenance or wear and tear.
We cannot therefore take into consideration a return request or dispute after the product has been worn, washed, tried on and used in a bad way. Before trying each product, we invite you to check that there are no holes or alterations in the product, in case there is any problem the product must not be tried or used but the customer must simply contact us indicating everything as soon as possible.
OPTIONAL FORM TO EXERCISE THE RIGHT OF WITHDRAWAL
The return/refund request must be made via email and must contain the name, surname, email with which the order was placed, the order number, the return method and if possible, but not mandatory, motivation (which will help us understand and improve the services provided).
After forwarding the aforementioned request to customer service with all the required data, if the request is compliant, the customer will receive a return authorization email and instructions to follow in order to do so.
Furthermore, customers are requested to faithfully follow the instructions provided to them for the correct management of the return and refund.
GUARANTEE OF CONFORMITY
All Products that fall within the category of "consumer goods", as governed by art. 128, 2nd paragraph of the Consumer Code, sold through KOSMOS are covered by the legal guarantee of conformity provided for by art. 128-135 of the Consumer Code.
The legal guarantee of conformity is reserved for consumers. It therefore applies only to users who have made the purchase through KOSMOS for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out.
Those who have purchased on KOSMOS and who do not hold the quality of consumers will be subject to the guarantees for defects in the thing sold, the guarantee for defects in quality promised and essential and the other guarantees provided by the civil code with the relative terms, forfeiture and limitations (articles 1490 et seq. cc).
The lack of conformity that occurs within 24 months from the date of delivery of the product must be reported within 7 days from the date of discovery of the defect.
Unless proven otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the product or with the nature of the lack of conformity. After the six months, the user will have to provide proof that the damage was not caused by incorrect or improper use of the product.
Pursuant to art. 130 of the Consumer Code, in the event of a lack of conformity of the product, the user has the right to restore the conformity of the product, without charge. To this end, the user can normally choose between the repair of the product or its replacement. This right of choice cannot be exercised if the requested remedy is objectively impossible or excessively onerous.
Furthermore, the user has the right to an adequate price reduction or termination of the contract, only if one of the following situations occurs:
1) the repair and replacement are impossible or excessively expensive
2) KOSMOS© has not repaired or replaced within a reasonable time; the replacement or repair have caused considerable inconvenience to the consumer.
If the user intends to take advantage of the remedies provided for by the legal guarantee that accompanies the products, he must contact KOSMOS© at the customer service.KOSMOS© will promptly reply to the communication of the alleged lack of conformity and will indicate to the user the specific procedure to follow, also taking into account the product category to which the product belongs and/or the reported defect.
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
KOSMOS© declares to be the owner and/or licensee of all intellectual property rights relating to and/or relating to ww.KOSMOS-bo.it and/or the materials and contents available on ww.KOSMOS-BO.it.
These conditions do not grant the user any license to use ww.KOSMOS-BO.it and/or individual contents and/or materials available therein, unless otherwise regulated.
All trademarks, figurative or nominative and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos that appear on ww.KOSMOS-BO.it are and remain the property of KOSMOS© or its licensors and are protected by current trademark laws and related international treaties.
Any reproductions in any form of the explanatory texts and contents of ww.KOSMOS-BO.it, if not authorized, will be considered violations of the intellectual and industrial property rights of KOSMOS©.
DISCLAIMER OF WARRANTY
ww.KOSMOS-BO.it is provided "as is" and "as available" and KOSMOS© does not provide any explicit or implicit guarantee in relation to ww.KOSMOS-BO.it, nor does it provide any guarantee that ww.KOSMOS-BO.it will meet the needs of users or that it will never be interrupted or error free or virus or bug free.
KOSMOS© will endeavor to ensure that ww.KOSMOS-BO.it is available continuously 24 hours a day, but will in no way be held responsible if, for any reason, ww.KOSMOS-BO.it is not accessible and/or operational at any time or for any period. Access to ww.KOSMOS-BO.it may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons completely unrelated to the will of KOSMOS© or for events of force majeure.
LIMITATION OF LIABILITY
KOSMOS© cannot be held responsible towards the user, except in the case of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet outside of its own control or that of its sub-suppliers.
Furthermore, KOSMOS© will not be liable for damages, losses and costs suffered by the user as a result of the non-execution of the contract for reasons not attributable to him, since the user is only entitled to a possible full refund of the price paid and any additional charges, incurred.
KOSMOS© assumes no responsibility for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the services purchased, if it proves that it has adopted all the possible precautions based on the best science and experience of the moment and based on ordinary diligence.
The user undertakes to indemnify and hold harmless KOSMOS© (as well as any companies controlled or affiliated by the same, its representatives, collaborators, consultants, administrators, agents, licensees, partners and employees), from any obligation or liability, including any legal costs incurred to defend themselves in court, which should arise in the face of damage caused to other users or third parties, in relation to the content uploaded or the violation of the terms of the law or the terms of these conditions.
Therefore, KOSMOS© will not be responsible for:
- Any losses that are not a direct consequence of the breach of contract by KOSMOS©;
- Any loss of commercial opportunity and any other loss, even indirect, possibly suffered by the user (such as, but not limited to, commercial losses, loss of revenues, revenues, profits or presumed savings, loss of contracts or relationships commercial, loss of reputation or goodwill, etc.);
- Incorrect or unsuitable use of ww.KOSMOS-BO.it by users or third parties;
- The issuance of incorrect tax documents due to errors in the data provided by the user, the latter being solely responsible for the correct insertion.
In no case KOSMOS© can be held responsible for a sum greater than double the cost paid by the user.
KOSMOS© cannot be held responsible for the failure or delayed fulfillment of its obligations, for circumstances beyond the reasonable control of KOSMOS© due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of will such as, by way of example but not limited to, breakdowns or interruptions to telephone or electricity lines, to the internet and/or in any case to other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruptions in the supply of third party products, services or applications.
The fulfillment of the obligations by KOSMOS© will be considered suspended for the period in which events of force majeure occur.
KOSMOS© will carry out any act in its power in order to identify solutions that allow the correct fulfillment of its obligations despite the persistence of force majeure events.
LINK TO THIRD PARTY SITES
ww.KOSMOS-BO.it may contain links to third party sites. KOSMOS© has no control over them and, therefore, is in no way responsible for the contents of these sites.
Some of these links may lead to third party sites that provide services through ww.KOSMOS-BO.it. In these cases, the general conditions for the use of the site and for the use of the service prepared by third parties will apply to the individual services, with respect to which KOSMOS© assumes no responsibility.
No waiver by either party of an article of these terms will be effective unless it is expressly stated to be a waiver and is communicated in writing.
INVALIDITY OF INDIVIDUAL CLAUSES
If any provision of these terms is found to be illegal or invalid, it will not be considered as part of the terms and this will not affect the remaining provisions which will continue to be valid to the fullest extent permitted by law.
APPLICABLE LAW AND JURISDICTION
These conditions and all disputes regarding execution, interpretation and validity are subject to Italian law and to the exclusive jurisdiction of the court of the place where KOSMOS© is based.
If the user is a consumer pursuant to Article 3 of the Consumer Code, the mandatory territorial jurisdiction is of the judge of the place of residence or domicile of the consumer himself, if located in the territory of the Italian State, without prejudice to the right for the user -consumer to appeal to a judge other than that of the "consumer court" pursuant to art. 66 bis of the Consumer Code, competent for the territory according to one of the criteria set out in art. 18, 19 and 20 of the civil procedure code.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
Consumers residing in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the consumer to resolve in a non-judicial way any dispute relating to and/or deriving from contracts for the sale of goods and services entered into online.
Consequently, the consumer can use this platform for the resolution of any dispute arising from the online contract stipulated with KOSMOS ©. The platform is available at the following address: http://ec.europa.eu/consumers/odr/
PRICES AND CURRENCY
The published prices and final invoices will be in Euros (EUR). Credit cards will be charged in Euros, and therefore, due to variable exchange rates, the final price will be calculated and charged to the credit card with the exchange rate applicable on the day of the transaction.