Terms and Conditions of Sale

1. Introduction


1.1. The sale of "Mariano Di Vaio" branded products terminated remotely through this site (hereinafter referred to as the "Website") is governed by the following General Conditions of Sale.
The products sold on the Website are sold directly by KPS srl (hereinafter referred to as "KPS"). KPS is a company incorporated under Italian law, with registered office in del Rame, 32 - 06134 Perugia (PG) - Italy, VAT number, tax code and registration number in the Perugia Register of Companies 03378740546, REA n. PG - 285066.

1.2. The use of the distance selling service regulated in these General Conditions of Sale is reserved exclusively for consumers (hereinafter referred to as "Customer" or, in the plural, "Customers") intended as physical persons acting for purposes not related to the own commercial, entrepreneurial, craft or professional activity carried out, over 18 years (or, if minors, authorized by their legal representative).
The resale or sale for any commercial or professional purpose of the products purchased on the Website is expressly prohibited.

1.3. These General Terms and Conditions of Sale are published on the Website in order to allow them to be known, as well as the memorization and reproduction by the Customer in accordance with current legislation.

1.4. The purchase of products is governed exclusively by the General Conditions of Sale published on the Website and in force at the time of purchase.
KPS reserves the right to make changes and / or additions to these General Conditions of Sale at any time.
Any changes and / or additions will be effective solely in relation to purchases effected after the date of publication of the new version of the General Conditions of Sale.
The replacement of these General Conditions of Sale with a new version implies the automatic inapplicability, ineffectiveness and unenforceability towards KPS of the same in relation to purchases effected after their removal from the Website and this even in the event that said General Conditions of In any case, sales may be consulted and / or accessible to the public through other websites, other than the one indicated above.


2. Products availability


2.1. The Customer acknowledges that the products supplied by KPS on the Website (hereinafter referred to as the "Products") are numerically limited and is therefore aware that KPS must verify availability at the time of purchase.

2.2. Occasionally, certain inconveniences may arise in connection with the availability of certain Products. In these circumstances, KPS will inform the Customer promptly (and in any case within the terms set out below) by e-mail of the cancellation of the order.
In the case of only partial unavailability, the customer will be asked if he prefers to receive the available products or proceed with the total cancellation of the order.

2.3. KPS reserves the right to vary the items offered for sale on the Website at any time, without notice.

3. Purchase procedure


3.1. Each Product sold on the Website can be viewed through a special link that allows viewing the photographic images of the article, the unit price, the colors and the different sizes (if any).

3.2. The Customer may purchase one or more Products, except as may be provided for certain types of Products. KPS reserves the right to change the limits to the quantities of Products that can be purchased through the Website at any time.

3.3. The Products chosen by the Customer will be included in a specific section (hereinafter referred to as the "Cart").
The description of the Products, including the measurements or sizes (if any), together with one or more photographic images in digital format, which allow a correct representation of the Products, will be included in the Customer's Cart.

3.4. Although KPS constantly adopts measures to ensure that the photographs shown on the Website faithfully reproduce the original products, some variations are always possible due to the technical characteristics and the color resolution of the device used by the Customer. Consequently, KPS will not be responsible for any inadequacy of the graphic representations of the Products shown on the Website if due to the aforementioned technical reasons.

3.5. To view the selected products and the total price of the purchase order, you need to access the Shopping Cart page.
Before confirming their order proposal (hereinafter referred to as the "Order Proposal"), the Customer is required to verify the accuracy of the contents of the Shopping Cart and complete the purchase form according to the instructions provided on the Website.

3.6. The purchase procedure ends when the Customer selects the appropriate confirmation button of the order (hereinafter referred to as the "Purchase Button"), thus validating his Order Proposal, which will be sent directly to KPS .
After selecting the Purchase Button, the content of the Order Proposal can no longer be modified by the Customer.

3.7. Before confirming the Order Proposal, the Customer must declare to have read and accepted these General Conditions of Sale. At the end of the purchase procedure, the Customer should save or print the General Conditions of Sale.

3.8. The purchase procedure must be completed in full; otherwise, the Order Proposal can not be sent to KPS.

3.9. Each Order Proposal and the Client data necessary for the purchase will be archived by KPS for the period of time and in compliance with the conditions established by current legislation.
Any use of data for purposes other than purchase will be subject to an estimate and express consent of the Customer, on the basis of the conditions specified in the "Privacy Policy" published on the Website.

3.10. Clients who have registered for the reserved area of the Web Site will be able to check the status of their order and make access to this area and enter the page relating to their own orders.

3.11. The Customer is aware of being responsible for the correctness and veracity of all data entered on the Website or otherwise used during the purchase phase.

4. Conclusion of the contract


4.1. Following confirmation of the Order Proposal, the order is sent to KPS to be processed and can not be further modified or canceled.
The Order Proposal issued by the Customer will be taken over by KPS only if the entire purchase procedure has been completed on a regular basis, without any indication of error on the part of the Website.
After having made the Order Proposal, the Customer will receive an email with which KPS will communicate that he has received the Order Proposal. This email can not be understood as acceptance of the Order Proposal. The acceptance of the Proposal of Order by KPS and the conclusion of the contract will take place according to what is provided in the following point 4.2.

4.2. The contract stipulated between KPS and the Customer must be considered concluded when the Customer receives a confirmation e-mail from KPS (hereinafter referred to as "Confirmation Email").
The Confirmation Email will be sent to the address indicated by the Customer in the purchase form and will contain the confirmation and the summary of the conditions of the purchase itself, such as: the description of the Product and its main features, the total price of the order , including any shipping costs, the address to present any complaints, information on after-sales assistance services, the existence of the right of withdrawal and the related methods of exercise.

4.3. KPS reserves the right not to accept the Order Proposal issued by a Customer in the following cases:
  • a) lack of availability, even temporary, of the Products included in the Order Proposal;
  • b) existence of a legal dispute between KPS and the Customer related to a previous order;
  • c) if the Customer on previous occasions has committed violations of the General Conditions of Sale or has not fulfilled his obligations;
  • d) if it emerged that the Customer purchases the Products in order to sell or sell the same for commercial or professional purposes;
  • e) if the Customer has been involved or is suspected of illegal or fraudulent activities.
In the aforesaid hypotheses, KPS will inform the Customer, within 30 (thirty) days from the effective date of the receipt of the Order Proposal, by e-mail, the possible cancellation of the orders received. In this case, no Order Proposal must be considered accepted by KPS and no contract will be considered concluded between KPS and the Customer.
In the case of partial unavailability of the ordered Product, before receiving the Confirmation Email the Customer will be able to choose whether to receive only the Products available or cancel the order entirely. If the cancellation is only partial, the Customer will be charged only the amount related to the Products purchased.



5. Price and Payment Method


5.1. The prices of all the Products sold on the Website are inclusive of VAT.

5.2. These prices will be indicated in Euros (EUR).

5.3. The total price shown in the Cart includes any shipping costs, which will be shown separately. In any case, KPS will request the express consent of the Customer for any additional additional cost.

5.4. The Client will be charged the prices published on the Website and shown on the Shopping Cart at the time of confirmation of the Order Proposal by selecting the Purchase Button by the Customer, provided that there is availability of the Products ordered at that time.
KPS reserves the right to change the prices of the Products sold for sale on the Website at any time and without notice.

5.5. KPS only accepts credit cards and other payment methods expressly indicated on the Website.

5.6. For the purpose of payment by credit card, the Customer confirms and guarantees to be the holder of the credit card used for the purchase and correctness of all data related to it, included during the purchase, such as: the number, the date expiry date and, if necessary, the security code.
The transaction will be debited to the Customer only after:
 the verification of the credit card details, the receipt of the debit authorization by the company issuing the credit card used by the Customer and confirmation of the availability of the product by KPS and in any case after the Order is ready to be escapee.

5.7. For the purposes of payment through other payment service providers, the Customer confirms and guarantees that he is the owner of the account used for the purchase.
The transaction will be debited to the Customer only after the latter has received the Confirmation Email from KPS.

5.8. The shipment of the purchased Products will be effected only after the payment of the amount due by the Customer has been successful. In the event that, for any reason, the debit of the amounts owed by the Customer proves impossible, the sales process will be automatically canceled and the sale canceled, as per the communication that will be sent to the Customer.

5.9. In the event that one or more Products are not available and the Customer has decided not to cancel the order in full, only the price and any shipping costs related to the only Products available will be charged.

6. Delivery


6.1. The Products will be sent to the address indicated by the Customer in the Order Proposal. At the time of delivery of the Products, the Customer's signature will be required.

6.2. For security reasons, KPS will not give rise to the evasion of any order addressed to a post office box or accept any order in which it is not possible to identify the physical person who is the addressee of the order and its address.

6.3. The Products sold on the Website may be purchased and delivered exclusively in the countries indicated above. Therefore, any Order Submissions with shipments to be effected outside these countries will be automatically rejected during the order processing procedure.

6.4. In cases where the customer is charged for shipping costs, these will be expressly indicated, separately from any other cost or expense, at the conclusion of the procedure for completing the Order Proposal and prior to the selection of the Buy Button by the Customer.

6.5. In compliance with current legislation, the maximum time within which KPS must provide for the delivery of purchased products, except in cases of force majeure or fortuitous events, is 30 (thirty) days from the date of conclusion of the contract.

6.6. If KPS does not deliver the Products ordered within the aforementioned time limit, the Customer must ask KPS to effect delivery within an additional time period appropriate to the circumstances, in accordance with current legislation.
The Customer has the right to immediately terminate the contract if the ordered Product is not delivered within the additional term indicated.

6.7. KPS reserves the right to split an order into several shipments, depending on the availability of the Products. In this case, KPS will inform the Customer by e-mail and will be able to charge the price to the Customer separately for the Products only sent or in a single solution.

6.8. Upon shipment of the purchased Product, the Customer will receive an e-mail to the address indicated in the Order Proposal. This e-mail will contain a shipping tracking code and an exclusive link (link) that will allow real-time delivery monitoring.
KPS Customer Service will provide assistance with any possible delivery problem. The Customer can contact KPS Customer Service by e-mail at: support@marianodivaio.com

6.9. The Customer will assume the risk of loss or damage to the Products only when the same, or a third party designated by him and different from the carrier, will physically enter into possession of such Products.
In the event that, on the contrary, the loss or damage of the Product occurs before the material is delivered to the Customer or to a third party designated by him, KPS will reimburse the Customer for the amounts already paid.

7. Product Compliance


7.1. At the time of delivery, the Products must be checked by the Customer in order to ascertain that they correspond to the ordered items and that they do not present manufacturing defects or conformity defects. The sale of the Products is subject to the legal guarantees provided by current legislation, as well as additional conventional guarantees provided to the customer.

7.2. In case of production defects or conformity defects, the Customer will have the right to restore, without charge, the conformity of the Product by repair or replacement, unless the remedy requested is objectively impossible or excessively burdensome compared to the otherIt is understood that the Customer loses this right if he does not report to KPS the lack of conformity within the term of 2 (two) weeks from the date on which he discovered the defect. In any case, KPS is only responsible for the conformity defects that occur within 2 (two) months from the delivery of the Product. The action aimed at enforcing the defects is prescribed within 2 (two) months from the delivery of the Product

7.3. In order to report the presence of faults and defects of the Products and obtain one of the remedies listed above, the Customer may contact KPS at the addresses indicated in the following article 12.

8. Returns and Refunds - Withdrawal


8.1. The Customer has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the Products. In the case of a split order, this term runs from the day of delivery of the last Product.

8.2. To exercise the right of withdrawal, the Customer may use the appropriate form that will be found in the "Return" section of the Website, or directly within the "My Account" section if registered on the Website. To this end, the Customer must: complete the on-line form with the required information,  activate a collection request from the courier appointed by KPS at the expense, specifying address, telephone number and the chosen date for collection of the package, to be confirmed with the courier.
A form with instructions to follow to make the return will be included in each package containing the Products purchased.

8.4 The Customer can retrieve the address to which the Products must be returned by contacting KPS at the following e-mail address: support@marianodivaio.com

8.5. The Customer undertakes to return the Products for which he has exercised the right of withdrawal without undue delay and, in any case, within 14 (fourteen) days from the date on which he communicated to KPS his decision to withdraw from the contract.

8.6. The Products must be returned in the same condition in which they were delivered. The Customer must therefore ensure that the Products are intact and complete, never used, worn or damaged in any way, and that they are returned in their original packaging, accompanied by all the labels with which they were received.
KPS will verify the packaging and the status of the single returned Products, constituting the substantial integrity of the same essential requirement for the exercise of the right of withdrawal.
KPS reserves the right to refuse the return of those Products that are damaged, deteriorated, dirty or in such a state as to be understood, unequivocally, that have been used for purposes other than the Client's checks strictly necessary to ascertain the nature and characteristics of the purchased Product.
In case of refusal of the return, KPS will send an appropriate communication to the Customer and will not proceed with the re-crediting of the price paid by the same, reserving also the right to request compensation for any damage attributable to the conduct of the Customer.

8.7. The refund of the price of the returned Products will be performed by KPS without undue delay and in any case within 14 (fourteen) days from the date on which KPS became aware of the right of withdrawal by the Customer.
In any case, KPS reserves the right to withhold the refund until it has received and veri fi ed the Product or until the Customer proves to have returned the product correctly and in intact condition, taking into account the situation that occurs first.
The aforementioned reimbursement will be made by crediting the amount paid by the Customer to be executed with the same payment method used for the purchase, unless the Customer has expressly agreed otherwise and on condition that the latter does not incur any cost as a consequence of the reimbursement.
KPS will confirm to the Customer by e-mail that the price has been refunded.

8.8. KPS will not be required to reimburse the costs of delivery of the Products if the Customer has expressly opted for a type of delivery different from the standard one delivered by KPS.

8.9. The return of the Products pursuant to this article is permitted only in relation to the purchases made on the Website.

9. Limitation of liability


9.1. Outside of cases of willful misconduct or gross negligence, KPS will not be in any way responsible towards the Customer for indirect or consequential damages that may derive from the purchase of Products sold for sale on the Website.

10. Product authenticity and intellectual property right


10.1. KPS guarantees the authenticity and high quality of all the Products sold on the Website.

10.2. The "Marino Di Vaio" brand, as well as all the figurative and non-figurative trademarks and more generally all the other brands, illustrations, images and logos on the "Mariano Di Vaio" products, on the relative accessories and / or packaging, whether they are registered or not, are and remain the exclusive property of "MDV & CO Srl". The total or partial reproduction, modification, tampering or use of these trademarks, illustrations, images and logos, for whatever reason and on any support, are absolutely forbidden.

11. Disputes


11.1. These General Terms and Conditions of Sale are governed by Italian law and will be interpreted according to it, without prejudice to any other mandatory regulations, more favorable to the Customer, applicable in the country of residence of the Customer itself.

11.2. In the event of a dispute arising from the interpretation and / or application of these General Conditions of Sale, the Court of the place of domicile or residence of the Customer will be competent, exclusively and without exception, if located in the territory of the Italian State. If the Customer's domicile or residence is located in a territory other than the Italian State, the Customer may, at his choice, take the Court of his place of residence or domicile or the Court of Perugia.

Alternatively, the Customer may promote one of the out-of-court dispute resolution procedures provided for by the applicable legislation. To this end, the Customer may use the on-line platform made available by the European Commission, which can be accessed through the website http:// ec.europa.eu/odr.

12. Contacts


12.1. For any complaint, further information or assistance related to the Website or to the purchase procedure and, in any case, for any request for information and / or clarifications regarding the contents of these General Conditions of Sale, Customers may send an e-mail. mail to the following address: support@marianodivaio.com or contact the E-commerce Client Service, KPS srl, Via del Rame 32, 06134 Perugia, Italy.



Last updated: 4 May 2018