GENERAL CONDITIONS OF SALE
This information is provided for the site " https://stardustkshop.it/ " ( Site ) owned by Stardust K-Pop Shop, with headquarters in Via Piave 163/c Cesate MI 20031 IT, Chamber of Commerce of MI - 2619626 , with VAT no. 11696830964 ( Seller ).
Art. 1. Scope of application
1.1 Any sale on the Site constitutes a distance contract governed by Chapter I, Title III (articles 45 et seq.) of Legislative Decree 6 September 2005, n. 206 ( Consumer Code ) and by Legislative Decree 9 April 2003, n. 70, containing the regulation of electronic commerce.
1.2 The General Conditions of Sale apply to all sales made by the Seller on the Site. The terms indicated are to be understood as working days, therefore excluding Saturdays, Sundays and national holidays.
1.3 The General Conditions of Sale can be modified at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. You are therefore invited to regularly access the Site and to consult, before making any purchase, the most updated version of the General Conditions of Sale.
1.4 The applicable General Conditions of Sale are those in force on the date of sending the purchase order.
1.5 These General Conditions of Sale do not regulate the sale of products and/or services by parties other than the Seller who may be present on the Site via links, banners or other hyperlinks. Before carrying out commercial transactions with these entities it is necessary to check their conditions of sale. The Seller is not responsible for the provision of services and/or the sale of products by such entities. The Seller does not carry out any checks and/or monitoring on the websites that can be consulted via these links. The Seller is therefore not responsible for the contents of such sites nor for any errors and/or omissions and/or violations of the law by them.
1.6 You are required to carefully read these General Conditions of Sale as well as all other information that the Seller provides on the Site, including during the purchase procedure.
1.7 The submission of the purchase order constitutes acceptance of these General Conditions of Sale.
Art. 2. Purchases on the Site
2.1 Purchasing on the Site
- can take place after registering on the Site
- it is permitted both to users who have the status of consumers and to users who have the status of professionals. Pursuant to art. 3, I paragraph, letter. a) of the Consumer Code, please note that the quality of consumer is the natural person who acts for purposes unrelated to any entrepreneurial, commercial, professional or artisanal activity carried out; while pursuant to art. 3, paragraph I, letter. c) of the Consumer Code, the natural or legal person who acts in the exercise of his entrepreneurial, commercial, artisanal or professional activity, or his intermediary, holds the status of professional.
2.2 Under no circumstances will retailers, wholesalers or, in general, anyone who intends to make purchases for the purpose of subsequent resale be able to make purchases on the Site. Such subjects are therefore prohibited from making purchases on the Site.
2.3 The Seller reserves the right to refuse or cancel orders that come from:
- by a user with whom the Seller has an ongoing legal dispute
- by a user who has previously violated the General Conditions of Sale
- by a user who has been involved in crimes
- by a user who has provided false, incomplete or otherwise inaccurate identification data or who has not promptly sent the Seller the documents requested by the same or who has sent invalid documents.
Art. 3. Registration on the Site
3.1 To register on the Site you must complete the appropriate form, entering the following data:
3.2 You undertake to immediately inform the Seller if you suspect or become aware of improper use or improper disclosure of your access credentials to the Site.
3.3 The user registered on the Site guarantees that the personal information provided is complete and truthful and undertakes to hold the Seller harmless and indemnified from any damage, compensation obligation and/or sanction deriving from and/or in any way connected to the violation by the user of the rules on registration on the Site or on the conservation of registration credentials and/or from the provision of false, incomplete or otherwise inaccurate personal data, without prejudice to the Seller's right to proceed with disabling the user's account.
Art. 4. Information aimed at the conclusion of the contract
4.1 In compliance with Legislative Decree 9 April 2003, n. 70 containing provisions on electronic commerce, the Seller informs you that:
- to conclude a purchase contract on the Site, you must complete an order form in electronic format and send it to the Seller, electronically, following the instructions that appear from time to time on the Site
- the contract is concluded when the order form reaches the Seller's server
- once the order form has been received, the Seller will send you the order confirmation containing:
- the indication of the price
- the indication of the means of payment used
- indication of delivery costs.
Art. 5. Availability of Products
5.1 The Products offered on the Site are limited in number. It may therefore happen, also due to the possibility that multiple users purchase the same Product at the same time, that the ordered Product is no longer available following the transmission of the purchase order.
5.2 The Site contains information relating to the availability of each Product.
5.3 You will be informed in the event of unavailability of the Product ordered. In this case you will be entitled to terminate the purchase contract pursuant to and for the purposes of the provisions of the art. 61, IV and V paragraphs of the Consumer Code.
5.4 Alternatively, you may accept:
- if a restocking is possible, an extension of the delivery terms, offered by the Seller, with indication of the new delivery term
- if a restocking is not possible, the Seller will provide a different product, of equivalent or greater value, subject to payment, in the latter case, of the difference, and subject to express acceptance by the user.
5.5 If a refund of the amount paid for the purchase of Products which later turned out to be unavailable is requested, the Seller will refund the refund within a maximum of 20 days.
5.6 In the event that you exercise the right of termination referred to in the art. 61, IV and V paragraphs, Consumer Code, the contract is terminated; in the event that the payment of the total amount due, consisting of the price of the Product, the shipping costs, if applied, and any other additional costs, as resulting from the order ( Total Amount Due ) has already occurred, the Seller will refund the Total Amount Due pursuant to the provisions of the "Payment Method" article below.
Art. 6. Information sheet
6.1 Each product is accompanied by an information page which illustrates its main characteristics ( Information Sheet ). The images and descriptions on the Site reproduce the characteristics of the Products as faithfully as possible. The colors of the Products, however, may differ from the actual ones due to the settings of the information systems or computers used by you to view them. Furthermore, the Product images present in the Information Sheet may differ in size or in relation to any accessory products. These images must therefore be understood as indicative and with the tolerances of use.
Art. 7. Prices
7.1 All prices of the Products published on the Site are inclusive of Value Added Tax.
7.2 The Seller reserves the right to change the price of the Products at any time, without notice, it being understood that the price charged to you will be that indicated on the Site at the time the order is placed and that any variations (increasing or decreasing) following the transmission of the same.
7.3 Shipping costs, if any, are expressly and separately indicated in the order form, before the user proceeds with the transmission of the same.
7.4 The use of discount vouchers is regulated on the site according to the following principles:
- Discount codes cannot be combined with each other for a single purchase
- Discount codes can also be used for the purchase of products already on promotion
- Discount codes can also be used for payments of spending amounts lower than their value; in this case the remaining discount amount cannot be credited back and is considered lost.
Art. 8. Purchase orders
8.1 The Seller will ship the Products only after receiving confirmation of payment authorization or crediting of the Total Amount Due. Ownership of the Products will be transferred to you at the time of shipment, to be understood as the moment of delivery of the Product to the carrier. The risk of loss or damage to the Products, for reasons not attributable to the Seller, however, will be transferred to you when you, or a third party designated by you and other than the carrier, physically comes into possession of the Products.
The Service you have chosen will only be carried out following payment of the Total Amount Due. The Seller reserves the right not to provide the service if, after submitting your purchase order, it is ascertained that you have not paid all or part of the Total Amount Due.
8.2 The purchase contract is decisively conditional on non-payment of the Total Amount Due. Unless otherwise agreed in writing with you, the order will be consequently cancelled.
8.3 In order to send a purchase order it is necessary to read and approve these General Conditions of Sale, by selecting the appropriate box on the purchase procedure pages. Failure to accept these General Conditions of Sale will make it impossible to make purchases on the Site.
Art. 9. Payment methods
9.1 The following payment methods are permitted on the Site:
9.2 The Seller accepts credit cards from the following circuits:
- MasterCard (Cirrus Maestro)
- google pay
They are, in any case, indicated in the footer of each page of the Site.
The debit will be made only after (i) the details of your payment card used for the payment have been verified and (ii) the company issuing the payment card used by you has issued the debit authorization.
In application of Directive 2015/2366/ (EU) on payment services in the internal market (PSD2), the user is informed that he may be required to complete the purchase process by satisfying the authentication criteria required by the payment institution responsible for manage the online payment transaction. The authentication criteria refer to the user's identity (to satisfy this criterion the user must be registered on the Site at the time of the purchase transaction) and to the contextual knowledge of the authentication code transmitted by the payment institution (Strong Customer Authentication ). Failure to complete the procedure described above may make it impossible to finalize the purchase on the Site.
The confidential data of the payment card (card number, holder, expiry date, security code) are encrypted and transmitted directly to the payment manager without passing through the servers used by the Seller. The Seller therefore never has access to and does not store, even if you choose to store such data on the Site, the data of your payment card used to pay for the Products.
The charge will be made when the order is placed.
9.3 On the Site it is also possible to make purchases using the PayPal payment solution. If you choose PayPal as a means of payment, you will be redirected to the website www.paypal.it where you will make the payment according to the procedure established and regulated by PayPal and the terms and conditions of the contract agreed between the user and PayPal. The data entered on the PayPal website will be processed directly by PayPal and will not be transmitted or shared with the Seller. The Seller is therefore not able to know and does not store in any way the payment card data connected to your PayPal account or the data of any other payment instrument connected to this account.
In the case of payment via PayPal, the Total Amount Due will be debited by PayPal upon conclusion of the contract via the Site. In the event of termination of the purchase contract and in any other case of reimbursement, for any reason, the amount of refund due to you will be credited to your PayPal account. The crediting times on the payment instrument connected to this account depend exclusively on PayPal and the banking system. Once the credit order has been placed in favor of this account, the Seller cannot be held responsible for any delays or omissions in crediting the refund amount, to dispute which you must contact PayPal directly. Any type of refund to be made pursuant to these General Conditions of Sale will be credited to your PayPal account.
Art. 10. Delivery of the Products
10.1 There are no limitations on delivery, except in the cases indicated on the Site and/or in the Product Sheet.
10.2 Shipping costs are indicated from time to time on the Site and/or in the Product Sheet.
10.3 Starting from the date of sending the order, the Products will be delivered within 5 days and, in any case, within thirty days from the date of conclusion of the contract.
10.4 It is up to you to check the conditions of the delivered Product. Without prejudice to the fact that the risk of loss or damage to the Product, for reasons not attributable to the Seller, is transferred when you, or a third party designated by you and other than the carrier, physically comes into possession of the Product, the Seller recommends that you check the number of Products received and that the packaging is intact, not damaged, wet or otherwise altered, even in the closing materials and you are invited, in your interest, to indicate any anomalies on the carrier's transport document, accepting the package with reservation . In the event that the package shows obvious signs of tampering or alteration, it is advisable to promptly notify the Seller. In any case, the application of the rules regarding the right of withdrawal (if existing for the Product) and the legal guarantee of conformity remains unchanged.
Art. 11. Right of withdrawal
11.1 If you are a consumer, you have the right to withdraw from the purchase contract of the Product without having to provide any reason and without having to incur costs other than those provided for in this article within the period of fourteen calendar days ( Withdrawal Period ). The Withdrawal Period expires after 14 days:
to. in the case of an order relating to a single Product, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the Products;
b. in the case of a Multiple Order with separate deliveries, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last Product; or
c. in the case of an order relating to the delivery of a Product consisting of multiple lots or pieces, from the day on which you or a third party, other than the carrier and designated by you, acquires physical possession of the last lot or piece.
11.2 To exercise the right of withdrawal, you must inform the Seller, before the expiry of the Withdrawal Period, of your decision to withdraw.
11.3 You have exercised your right of withdrawal within the Withdrawal Period if the communication relating to the exercise of the right of withdrawal is sent by you before the expiry of the Withdrawal Period. This communication must be sent in the following way:
Please note that since the burden of proof relating to the exercise of the right of withdrawal before the expiry of the Withdrawal Period lies on you, it is in your interest to make use of a durable medium when communicating your withdrawal to the Seller.
11.4 In case of exercising the right of withdrawal, you must deliver the Product to the registered office indicated in the epigraph to these General Conditions of Sale.
11.5 The direct costs of returning the Products are your responsibility, as is the responsibility for their transport.
11.6 If you withdraw from the contract, the Seller will refund the Total Amount Due, including delivery costs, if applicable, without undue delay and in any case no later than 14 calendar days from the day on which the Seller was informed of the Your decision to withdraw from the contract. The refund will be made using the same payment instrument used for the initial transaction. In the event that you have returned the Products using a carrier of your choice and at your own expense, the Seller may suspend the refund until receipt of the Products or until you demonstrate that you have sent the Products back, whichever is earlier.
11.7 You are solely responsible for any decrease in the value of the goods resulting from handling the Product other than that necessary to establish the nature, characteristics and functioning of the Product. The Product must in any case be kept, handled and inspected with normal diligence and returned intact, complete in all its parts, in perfect working order, accompanied by all accessories and information sheets, with identification tags, labels and disposable seals, where present. , still attached to the Product and intact and not tampered with, as well as perfectly suitable for the use for which it is intended and free of signs of wear or dirt. Furthermore, the withdrawal applies to the Product in its entirety. It cannot therefore be exercised in relation to parts and/or accessories of the Product.
11.8 In the event that the Product for which the withdrawal was exercised has suffered a decrease in value resulting from handling of the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the Seller reserves the right to deduct from the refund amount an amount equal to this decrease in value. The Seller will notify the Seller of the circumstance and the consequent decreased refund amount within 5 days of receipt of the Product, providing, in the event that the refund has already been paid, the bank details for the payment of the amount due by the user due of the decrease in value of the Product.
11.9 In the event that the withdrawal has not been exercised in accordance with the provisions of the applicable legislation, it will not lead to the termination of the contract and, consequently, will not give the right to any refund. The Seller will notify the user within 5 (working) days of receiving the Product, rejecting the withdrawal request. The Product will remain with the Seller at your disposal for collection, which must take place at your expense and under your responsibility.
11.10 In the case of partial withdrawal from Multiple Orders, the amount of delivery costs to be refunded to you will be quantified in proportion to the value of the Product subject to withdrawal. Therefore, if for example, you have placed a total order of 200.00 Euros, which includes two Products, the first with a value of 50.00 Euros and the second with a value of 150.00 Euros, and you return the Product of value of 150.00 Euros, you will be refunded an amount equal to 75% of the delivery costs incurred. In any case, the amount of delivery costs to be returned can never exceed the amount actually paid.
According to the provisions of the Art. 59 (Exceptions to the Right of Withdrawal), the right of withdrawal for distance contracts and contracts negotiated away from business premises is excluded in relation to:
(i) the supply of sealed audio or video recordings or sealed computer software which has been opened after delivery;
l) the supply of newspapers, periodicals and magazines with the exception of subscription contracts for the supply of such publications
Art. 12. Legal guarantee
All Products sold on the Site are covered by the Legal Guarantee of Conformity provided for by the articles. 128-135 of the Consumer Code ( Legal Guarantee ).
To whom it applies
The Legal Guarantee is reserved for consumers. It, therefore, applies only to users who have made a purchase on the Site for purposes unrelated to any entrepreneurial, commercial, artisanal or professional activity carried out.
When it applies
The Seller is responsible towards the consumer for any lack of conformity of the Product which occurs within two years of such delivery.
Unless proven otherwise, it is presumed that defects of conformity which appear within 12 months of delivery of the Product already existed on that date, unless this hypothesis is incompatible with the nature of the Product or the nature of the lack of conformity. Starting from the twelfth month following delivery of the Product, it will be the consumer's burden to prove that the lack of conformity already existed at the time of delivery of the same.
In order to take advantage of the Legal Guarantee, the consumer must therefore first provide proof of the date of purchase and delivery of the goods. It is therefore advisable for the consumer, for the purposes of this proof, to keep the purchase invoice or any other document that can certify the date of the purchase (for example the payment card statement) and the date of delivery.
In the event of termination of the contract, the Seller will refund the consumer the total amount paid, consisting of the purchase price of the Product, shipping costs and any other additional costs. In the event of a price reduction, the Seller will refund the amount of the reduction, previously agreed with the consumer. The refund or reduction amount will be credited to the payment method or solution used by the consumer for the purchase.
The Seller is not responsible in case of damage, of any nature, deriving from the use of the Product in an improper manner and/or not in compliance with the instructions provided by the manufacturer as well as in case of damage deriving from unforeseeable circumstances or force majeure.
If you made the purchase as a "professional" in accordance with the provisions of the Consumer Code, the previous paragraphs of this article do not apply. The legal guarantee provided for by art. will apply to your purchase on the Site. 1490 cc
Art. 13. Conventional manufacturer's guarantee
13.1 The Products sold on the Site may, depending on their nature, be covered by a conventional guarantee issued by the manufacturer ( Conventional Warranty ). You can assert this guarantee only against the manufacturer. The duration, extension, including territorial, conditions and methods of use, types of damage/defects covered and any limitations of the Conventional Warranty depend on the individual manufacturer. The Conventional Guarantee is voluntary in nature and does not replace, limit, prejudice or exclude the Legal Guarantee.
Art. 14. Applicable law and competent court; out-of-court settlement of disputes - Alternative Dispute Resolution/Online Dispute Resolution
14.1 Purchase contracts concluded through the Site are governed by Italian law. This is without prejudice to the application to consumer users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence.
14.2 Please note that in the case of a consumer user, for any dispute relating to the application, execution and interpretation of this document, the court of the place where the user resides or has elected domicile is competent. In the case of a professional user, for any dispute relating to the application, execution and interpretation of this document, the Court where the Seller is based is competent pursuant to the provisions of article 1 above.
14.3 Pursuant to art. 141-sexies, paragraph 3 of the Consumer Code, the Seller informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter. a) of the Consumer Code, that, in the event that he has submitted a complaint directly to the Seller, following which however it has not been possible to resolve the dispute thus arising, the Seller will provide information regarding the body or bodies of Alternative Dispute Resolution for the extrajudicial resolution of disputes relating to obligations deriving from a contract concluded on the basis of these General Conditions of Sale (ADR bodies, as indicated in articles 141-bis and following of the Consumer Code), specifying whether it intends to make use of or not of such bodies to resolve the dispute itself.
14.4 The Seller also informs the user who qualifies as a consumer pursuant to art. 3, paragraph 1, letter a) of the Consumer Code that a European platform for the online resolution of consumer disputes (so-called ODR platform) has been established. The ODR platform can be consulted at the following address http://ec.europa.eu/consumers/odr/ ; through the ODR platform the consumer user will be able to consult the list of ADR bodies, find the link to the website of each of them and start an online resolution procedure for the dispute in which he is involved.
14.5 In any case, the right of the consumer user to appeal to the competent ordinary judge of the dispute deriving from these General Conditions of Sale is without prejudice to the outcome of the out-of-court settlement procedure of disputes relating to consumer relations through recourse to the procedures referred to in Part V, Title II-bis Consumer Code.
14.6 The user who resides 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 disputes of modest entity, by Regulation (EC) no. 861/2007 of the Council, of 11 July 2007, provided that the value of the dispute does not exceed, excluding interest, rights and expenses, Euro 2,000.00. The text of the regulation can be found on the website www.eur-lex.europa.eu .
Art. 15. Customer service and complaints
It is possible to request information, send communications, request assistance or submit complaints by contacting the Seller in the following ways:
- by email, at the following address: firstname.lastname@example.org .
The Seller will respond to complaints submitted within 5 days of receiving them.