Terms and Conditions
Section I - General Conditions of Sale apply to purchases made through the www.kippy.eu site
These Conditions of Sale govern the offer and sale of products and/or services on the www.kippy.eu site (“Site”).
The products and/or services purchased on the Site (“Products”) are sold directly by Ecommerce Outsourcing S.r.l., with registered office in Italy, Via Sesia snc, 20017 Rho (Milan), enrolled on the Register of Companies of Milan, under entry no. 2034727; VAT and Tax Code no. 08576060969; Milan REA n. 2034727, with fully paid up capital stock of € 30,000 (“Ecommerce Outsourcing”).
The Site is managed and maintained by Kippy s.r.l.
Kippy is a registered trademark of Kippy s.r.l.
The detailed information to contact, communicate directly with, request assistance from or send complaints to Ecommerce Outsourcing is provided in the section “Customer Service” of the Kippy site.
Scope of Application and Site Navigation
- The offer and sale of the Products on the Site constitute distance agreements governed by Legislative Decree no. 70, of 9 April 2003, which includes the rules of electronic commerce (e-commerce) and Articles 45, et seq. of Legislative Decree n. 206 of 6 September 2005, (“Consumer Code”), and subsequent amendments.
- The Customer is required to read these General Conditions of Sale, which Ecommerce Outsourcing makes available in pdf format, at the beginning of this section of the site. Storage and reproduction of this document, as well as of other information that Ecommerce Outsourcing provides on its site, are permitted prior to or during purchasing.
- The applicable General Conditions of Sale are those in effect on the date of the submission of the purchase order. They can be changed at any time. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Therefore, Customers are advised to regularly access the Site to check for any changes to and/or updates of the General Conditions of Sale.
- These General Conditions of Sale do not regulate the sale of products and/or the provision of services by persons other than Ecommerce Outsourcing entities,that may be located on the Site through links, banners or other hypertext links. Before engaging in transactions with these parties, we recommend checking their conditions of sale. Ecommerce Outsourcing is not responsible for the provision of services and/or for the sale of products on the part of such individuals. Ecommerce Outsourcing exercises no control and/or monitoring on sites accessible through such links. Ecommerce Outsourcing is, therefore, not responsible for the contents of these websites, nor for any errors and/or omissions and/or breaches of the law committed by them.
- These General Conditions of Sale are applicable in countries in relation to which is associated a specific section of the Site (“Country”).
- The Site allows each customer to navigate and make purchases in the Countries listed on the site, without the need for registration on the Site itself.
- When the customer enters the Site, the latter through the IP address, recognize the Country from which the customer is accessing. In the case of subsequent accesses with the same IP address, the last Country selected in the previous section will be selected. The customer can change the Site language.
- The navigation Country is, therefore, either the one chosen by the customer, using the appropriate option, or, lacking a selection, the one associated with the Country from which the customer is accessing the Site.
Shopping on the Site
- The purchase of the Products on the Site is restricted to customers who are no less than 18 years old.
- The purchase of the Products on the Site is allowed both to customers who qualify as consumers and those who do not meet such qualification. Pursuant to Article 3, paragraph I, letter a) of the Consumer Code, a consumer is a natural person who is acting for purposes unrelated to entrepreneurial, commercial, professional or artisanal activities, if any. The inclusion of a VAT number during the purchase process is tantamount to purchasing for purposes related to commercial, business, professional or artisanal activities.
- The customer warrants that personal information provided during the purchase process on the Website is complete and accurate, and undertakes to hold Ecommerce Outsourcing harmless against any damages, claims for damages and/or penalties arising from and/or in any way connected to the violation by the customer of the Site purchase rules or on the preservation of login credentials.
- The Web site is reserved to retail sales. Under no circumstances shall on-site retailers, wholesalers or, in general, all those who wish to purchase the Products for the purpose of resale make purchases on the Site.
- In case of violation of the prohibitions contained herein, Ecommerce Outsourcing reserves the right to take all necessary actions to put an end to abuses, including suspension of access to the Website, cancellation of registration or non-acceptance or cancellation of orders.
- Outsourcing e-commerce is a virtual retailer that builds its product offering on goods stocked in its warehouses, as well as on the basis of availability provided by its own suppliers. The Site is constantly updated automatically to ensure the best match between availability provided by suppliers and the offerings listed on the Site.
However, it may be possible that, a Product may not be available after the submission of the purchase order, due to fact that the same Product may have been simultaneously purchased by multiple customers. In such case, and in all cases of sudden unavailability of Products, and notwithstanding all rights granted to customers by effect of the law, and, in particular, by Chapter XIV of Title II of Book IV of the Civil Code, the customer will be promptly notified by e-email and entitled to immediately terminate the purchase agreement, without prejudice to the right to compensation for damages, pursuant to and by effect of Article 61, paragraphs 4 and 5, of the Consumer Code. Upon choosing to terminate the purchase agreement, the customer shall immediately notify Ecommerce Outsourcing of his/her decision, at the address listed in the “Customer Service” section of the Site. When the customer exercises his/her right to terminate the purchase agreement, or if he/she does not make any choice, the purchase agreement shall be immediately terminated. If a customer has made a payment prior to termination (see Terms of Payment), the total amount paid will be immediately refunded, including any shipping costs and any other fee incurred for the order (“Total Amount Due”). Alternatively, and notwithstanding the customer’s right to termination, the customer may choose to accept one of the following solutions proposed by Ecommerce Outsourcing: (i) if the Product is expected to re-stock, an extension of the delivery terms, with an indication of the new delivery date; (ii) is the Product cannot be re-stocked, the offer of a new Product of equal or greater values, subject to payment of any price variance, in the latter case, and after express acceptance of the proposal by the customer.
Information to Finalize the Purchase Agreement
In accordance with Legislative Decree n. 70 of 9 April 2003, which governs e-commerce rules, Ecommerce Outsourcing informs the customer that:
- in order to purchase one of more Products on the Site, the customer must fill in an electronic order form and send electronically to Ecommerce Outsourcing, following the instructions that appear from time to time on the Site;
- prior to submitting an order form, the customer may identify and correct any input errors by following the instructions that accompany the different purchase phases, as indicated from time to time on the Site; furthermore, the customer must accept the General Conditions of Sale;
- the agreement becomes effective when the order form is received by the Ecommerce Outsourcing server;
- once the order form has been registered, Ecommerce Outsourcing will send the customer a “Order Registration Confirmation” email containing: a summary of the General Conditions of Sale and the particular conditions applicable to the agreement, the information on the essential features of the Product purchased; price information, mode of payment, shipping charges and any additional costs, as well as termination forms and instructions;
- the order form will be stored in the Ecommerce Outsourcing database for the amount of time necessary to complete the order and, in any case, within the terms provided for the law.
- Each Product is accompanied by a sheet containing information on primary features, on the basis of information provided by the manufacturers. Ecommerce Outsourcing, reserves the right to edit the page, without any notice.
- Ecommerce Outsourcing will do its best so that the images of the Products published on the Site reproduce as faithfully as possible the Products sold. The Product colors, however, may differ from actual colors due to computer settings or processors used for their display. The images of Products on the Site, furthermore, may also differ in size or in respect of any ancillary products. For the purposes of the purchase agreement, the description of the Product contained in the order form sent by the customer shall be deemed authentic.
- In addition, the Site may also be offer general purchase supporting information, such as those found, for example, in the Glossary or in the Buyer's Guide. Such information is intended as mere general information material that may not refer, however, to the faithful features of each single Product. For the purposes of the purchase agreement, the description of the Product contained in the order form sent by the customer shall be deemed authentic.
- Depending on their nature, the Products may be accompanied by identification tags affixed with disposable seals (i.e., clothing products).
- In particular, through the Site is marketed a “Kippy Life” GPS locator for pets (“Device”), which allows accessing a series of services and contents (“Packages”), through a dedicated cell phone network, which sends collected data to specially developed applications called “”Kippy Life” and “Kippy Finder” (“Kippy APP” or “APP”). In order to use the Device, the customer will have to install the Kippy APP on his/her Smartphone and/or tablet, register, insert the code on the Device (“Kippy ID”), and purchase the most suitable Package, in accordance with the general terms and conditions, set forth in Section II of this document, as well as all the instructions specifically outlined in the Package purchase procedures.
- All prices displayed on the Site are expressed in local currency and are inclusive of VAT.
- Customers must keep in mind that, due to a variety of factors, including the commercial policies of trademark owners, the price of the Products for sale on the Site may vary in different countries.
- Ecommerce Outsourcing reserves the right to change the price of Products at any time, including, if necessary, several times during the course of the same day, provided that the price charged to the customer will be the same shown on the Site at the time of order and further changes to the price (increase or decrease) made after the order submission are not applied.
- Some shops or retailers may also sell Products and, in particular, the Device, at a higher price or, if on sale, at a price that is lower than the price listed on the Site.
- The price of the Device, as indicated on the Site, does not include the price of Packages, unless otherwise communicated on the Site.
- The price of each Package is listed separately on the Site in the information pages accessible through the appropriate links on the Site, even during the procedures to purchase the Device, and on the APP during the procedures to purchase a single Package, before the customer can proceed to the transmission of the purchase order.
- In addition to the Conditions of Sale, the “Registration Confirmation Order” email will contain the “Customer Order Number”, which must be used for any subsequent communication with Ecommerce Outsourcing, as well as a summary of all customer data included in the order. The customer agrees to verify the accuracy of the order and to promptly contact Customer Service through the “Customer Service” section of the Site, to make corrections, if any.
- Ecommerce Outsourcing reserves the right to make changes to orders submitted by:
- customers with whom they have ongoing legal disputes;
- customers who have previously violated the conditions and/or the terms of the purchase agreement with Ecommerce Outsourcing;
- customers who were involved in fraudulent activities of any kind and, in particular, frauds related to credit card payments;
- wholesalers and distributors.
Ecommerce Outsourcing also reserves the right to reject orders from customers who have provided false, incomplete or inaccurate identification data.
Payments for the Products can be made by the methods of payment described in the following paragraphs. Some payment methods may not be usable due to the type of product purchased and / or delivery or shipping arrangements. The payment methods actually available to the customer in relation to the single product will be specifically indicated during the purchase process.
- Products can be purchased by credit card payment directly through the Site. Credit cards accepted by Ecommerce Outsourcing will be specifically listed in the payment page. For some credit cards, payment of an additional fee may be required. Payment of additional fees, and their amount, if any, will be clearly and specifically identified on the selected payment page during the checkout process.
- In case of payment by credit card, the specific card issuer will be requested to authorize only the purchase amount (“Authorization”). The Total Amount Due for the purchase of the Product will be actually charged on the day following shipment, even partial, of the Product purchased. However, in case of product with “Upon Request” availability, or for types of availability other than immediate availability, Ecommerce Outsourcing reserves the right to charge the due amount before shipment, in order to prevent the original purchase authorization to expire.
- In all cases of agreement termination and subsequent cancellation of the order prior to charging the customer’s credit card, Ecommerce Outsourcing will require the card issuer to release the original purchase amount. Release times depend exclusively on the credit card issuer, and for some cards, can take up to their natural expiry date, which is normally 24 days from the authorization date.
Once the release of the purchase amount has been requested, Ecommerce Outsourcing will no longer be liable for any damages, whether direct or indirect, caused by a released delay and/or failure to release for reasons attributable to the banking system.
- If the purchase agreement is terminated and, therefore, the order is cancelled after the Total Due Amount has been charged on the customer’s credit card, Ecommerce Outsourcing will credit the Total Amount Due without undue delay and, in any case, within 14 working days from agreement termination.
- In order to ensure the safety of payments made on the Site, and to prevent any fraud, Ecommerce Outsourcing reserves the right to ask the customer for additional information (e.g., telephone number, or front/back copy of a valid ID, by email or fax). The request e-mail will also specify the period within which the document must be returned to Ecommerce Outsourcing. This deadline will not be, in any case, more than 4 working days from receipt of the request from the customer. Pending receipt of the requested document, the order will be suspended.
In case of request, the customer must send the required documents within the period indicated. If Ecommerce Outsourcing does not receive the documents requested within the period indicated, or receives expired or invalid documents, the agreement will be terminated pursuant to and for the purposes of Article 1456 of the Civil Code, and, consequently, the order will be cancelled, notwithstanding Ecommerce Outsourcing’s right to compensation for any damage suffered due to the customer’s non-compliance. Agreement termination, which will be notified to the customer by email no later than 4 working days after the deadline for the submission of the required documents to Ecommerce Outsourcing, will result in order cancellation and the reimbursement of the Total Amount Due already paid by the customer.
If Ecommerce Outsourcing receives the required documentation within the time specified, the delivery terms applicable to the Product shall elapse from the date of receipt of such documentation.
- At no time during the purchase process, will Ecommerce Outsourcing become aware of the customer’s credit card information, which is safely transmitted to the credit card issuer via the Website. No archive of Ecommerce Outsourcing retains such data, except, limitedly to the credit card holder, for provisions set forth above.
- Payment for Products can be made through PayPal, according to the terms and conditions of any agreement entered into between the customer and PayPal. In case of payment by PayPal, the specific amount will be withdrawn by PayPal immediately.
- In all cases of agreement termination and subsequent cancellation of the purchase order, the Total Amount Due will be credited back to the customer's PayPal account from which payment was made. Crediting methods shall be solely determined by PayPal. Once the Total Amount Due has been credited back to the customer’s PayPal account, under any circumstances shall Ecommerce Outsourcing be held liable for any damages, whether direct or indirect, caused by delays in the crediting process that are attributable to PayPal or the banking system.
- In order to ensure the safety of payments made on the Site, and to prevent any fraud, Ecommerce Outsourcing reserves the right to ask the customer for additional information (e.g., telephone number, or front/back copy of a valid ID, by email or fax). The request e-mail will also specify the period within which the document must be returned to Ecommerce Outsourcing. This deadline will not be, in any case, more than 4 working days.
Pending receipt of the requested document, the order will be suspended.
In case of request, the customer must send the required documents within the period indicated. If Ecommerce Outsourcing does not receive the documents requested within the period indicated, or receives expired or invalid documents, the agreement will be terminated pursuant to and for the purposes of Article 1456 of the Civil Code, and, consequently, the order will be cancelled, notwithstanding Ecommerce Outsourcing’s right to compensation for any damage suffered due to the customer’s non-compliance. Agreement termination, which will be notified to the customer by e-mail no later than 4 working days after the deadline for the submission of the required documents to Ecommerce Outsourcing, will result in order cancellation and the reimbursement of the Total Amount Due already paid by the customer.
If Ecommerce Outsourcing receives the required documentation within the time specified, namely, the time in which the courier accepts the Product for delivery, the delivery terms applicable to the Product shall elapse from the date of receipt of such documentation.
- PayPal will process directly data entered on its website; such data will not be disclosed to or shared with Ecommerce Outsourcing. Therefore, Ecommerce Outsourcing cannot know and does not store in any way customers’ credit card information linked to the PayPal accounts, or data relating to any other payment instrument associated with those accounts.
Cash on Delivery (C.O.D.)
- This payment method is only available for deliveries made in Italy. If the customer chooses this method of payment, he/she can pay directly the courier (cash or check made payable to the courier). The specific methods of payment accepted may vary depending on the courier and/or the selected delivery method. The “Confirm Delivery” email will specify the correct header of the check and the specific forms of payment accepted by the selected courier (amount limits, type of check, etc.). If the customer pays in cash, it is advisable to prepare the exact amount as the carrier usually does not carry any change. In case of cash payment, the courier generally expects a small fee to be added to the due amount. The exact fee amount will be specified during the checkout on the Site and on the payment method page. The maximum amount accepted by courier is Euro 999,00; if the merchandise value is greater than the maximum amount, COD payment is not allowed; in this case, the customer can select an alternative mode of payment.
Methods, Costs and Terms of Delivery
- The delivery of the Products can be carried out in all Countries listed herein and to the shipping address specified by the customer in the order form. However, delivery is only possible within the borders of the Country from which the customer adds the Product to the cart and fills out the order form; therefore, the customer must enter a delivery address on the order form that is within the boundaries of such Country. Orders that bear a shipping address outside of the boundaries of such Country will be deleted, in accordance with and by effects of Article 1456 of the Civil Code and the Total Amount Due will be refunded, if already paid.
- In addition, delivery cannot be carried out in the following location: towns of Livigno and Campione d'Italy, Ahvenanmaan lääni (FI), Açores, Madeira (PT) Ceuta, Las Palmas, Melilla, Santa Cruz de Tenerife (SP), the Channel Islands (GB), or to post offices or postal boxes. If the address entered is a post office box or a post office, or one of the locations indicated, Ecommerce Outsourcing will delete the order, pursuant to Article 1456 of the Civil Code and return the Total Amount Due, if already paid. In case of doubt as to the place of delivery, customers can ask questions in this regard by “Customer Service”. of our website.
- Delivery shall be considered completed at the time the customer takes possession or control of the Products. The risk of loss of or damage to the Products, for reasons not attributable to Ecommerce Outsourcing, however, will be transferred to the customer when the customer or a third party designated by him/her, other than the courier, takes possession of the Products.
- Delivery costs are borne by the customer, unless otherwise indicated on the Site. The delivery amount (including VAT), which can vary depending upon the delivery mode selected by the customer, as well as destination, number and weight/volume of the Products chosen by the customer, will be clearly and separately listed on the Site next to each single Product prior to the order completion. This amount will also be listed in the “Order Registration Confirmation” and “Delivery Confirmation” emails. For the delivery of Products in certain geographical areas specifically indicated during the purchase process, the customer may be required to pay a surcharge (“additional cost for delivery in remote area”), though the exact amount will be clearly indicated during the purchase process and before placing the order. Click here to access the list of countries for which an additional delivery charge is due.
- Where applicable, customs duties and fees shall be borne by Ecommerce Outsourcing.
- The order summary will contain the total price of the order, with a separate entry for delivery charges and any other possible additional costs to be incurred to complete the order. The order total, which will be confirmed to the customer in the “Order Registration Confirmation”, will constitute the total amount owed by the customer in connection with the order. Nothing more shall be due by the customer in relation to the specified amount.
In case of partial cancellation of a purchase agreement for Multiple Orders, the shipment costs to be refunded will be calculated on the basis of the weight of the Product subject to cancellation, then making a pro rata distribution of the shipment costs with respect of each Product in the multiple order, and returning only the shipping costs relating to the Product cancelled. In any case, the shipment costs to be returned will never exceed the amount effectively paid by you for the entire order.
Pursuant to Article 14 of Presidential Decree 445/2000 and Decree-Law 52/2004, for every purchase made on the Site, Ecommerce Outsourcing will issue an invoice for the material shipped, sending it via e-mail to the individual listed on the purchase order (“Shipping confirmation”, attached to the email).
The customer can download a PDF copy of the invoice uploaded on the “Order History” section after delivery of the Product purchased.
The invoice shall contain the information provided by the customer during the purchase process, and which the customer warrants to be true and accurate. No changes shall be made to an invoice after its issuance.
- Products will be delivered at street level.
- We recommended the customer to check the following at the time of delivery:
- that the number of boxes delivered is the same as indicated in the packing list received by email prior to the delivery;
- that the packaging is not damaged or wet or otherwise altered;
- that the sealing materials (adhesive tape or plastic strapping) have not been tampered with in any way.
- Furthermore, in his/her interest, we invite the customer to report any damage to the packaging or the mismatch in the number of boxes writing “WITH RESERVATION” on the courier’s delivery form, specifying the reasons for the reservation (e.g., “Damaged box”, “Crushed box”, etc.) thereon.
Acceptance of Products without reservation shall not allow the customer to take legal action against the courier in case of loss of or damage to the Products, except in the case where the loss or damage is due to willful misconduct or gross negligence by the courier and except for the partial loss or damage not identified at the time of delivery. In the latter case, however, the damage must be reported as soon as discovered and, in any case, no later than eight days after receipt. This is without prejudice, in any case, to the application of the provisions governing the right of withdrawal and the legal guarantee of conformity.
- The customer must report any matter relating to the delivery location: if no information is provided in this regard or if the information provided is not accurate, additional expenses that Ecommerce Outsourcing must incur, if any, to complete the delivery of the Product shall be borne by the customer.
- The customer acknowledges that the collection of the Product is an obligation arising from the purchase agreement. In case of non-delivery due to the absence of the recipient at the address specified in the order form, the package will be considered “in storage” after two failed delivery attempts. If the customer fails to collect the Product within five working days from the day following the day in which the courier left the “missed delivery” notice, the purchase agreement will be terminated and the purchase order deleted, pursuant to Article 1456 of the Civil Code. In case of agreement termination, and within 15 days following termination, Ecommerce Outsourcing will refund the customer any amount paid, minus the shipping costs, as well as any further fees incurred by Ecommerce Outsourcing due to missed delivery caused by the absence of the recipient. Agreement termination and the amount of the refund will be notified to the customer via email.
- Customers who have failed to collect their deliveries for more than two times, no matter the delivery or payment method chosen, will no longer be allowed to make purchases on the Site. In the event that such persons submit orders on the Site in violation of this provision, the purchase agreement shall be considered terminated, pursuant to and by effect of Article 1456 of the Civil Code. Agreement termination will be notified to the customer via email.
- The delivery dates will be indicated during the purchase process, before the customer submits the order; they elapse from the date the order is submitted, unless otherwise specified.
In the case of Multiple Orders, all Products listed in the Multiple Order will be delivered simultaneously; the delivery date, in this case, will be the longest one of those relating to each Product listed in the Multiple Order, as indicated on the Site or during the purchase process, before the customer submits the order. The delivery date of a specific order (whether single or multiple) will also be listed in the Order Registration Confirmation email.
Even if the delivery date is not specifically listed on the order, it is important to remember that, in any case, the delivery date will be within thirty days from signing of the purchase agreement.
It may become necessary to contact the customer concerning the solution of certain logistic problems or issues of other nature that may arise from delivery.
In any case, the customer is notified via SMS and a “Delivery Confirmation” email when Ecommerce Outsourcing entrusts the package to the courier. The email will contain all the delivery details: packing list, amount owed, specific forms of payment accepted by the courier entrusted with the delivery, delivery tracking number with relating link to the courier site (if available).
- If the purchased Product is not delivered or delivered later than listed on the purchase order and in the Order Registration Confirmation email, the customer, in accordance with Article 61 of the Consumer Code, will request Ecommerce Outsourcing to make the delivery within an additional period appropriate to the circumstances (“Supplemental Term, pursuant to Article 61, paragraph III of the Consumer Code”). If the Products are not delivered within such Supplemental Term, the customer is entitled to terminate the purchase agreement (“Resolution of the purchase agreement, pursuant to Article 61, paragraph III of the Consumer Code”), without prejudice to the customer’s right to compensation. The customer is not encumbered by the burden of granting Ecommerce Outsourcing any Supplemental Term, pursuant to Article 61, paragraph III of the Consumer Code (“Exceptions”) if:
- Ecommerce Outsourcing expressly refused to deliver the Products;
- compliance with the delivery date indicated during the purchase procedure and listed on the “Order Registration Confirmation” is essential, taking into account all the circumstances leading to the signing of the purchase agreement;
- the customer has informed Ecommerce Outsourcing, before signing the purchase agreement, that delivery by a specified date is essential.
Relative to the Exceptions, if the customer does not receive the Products within the delivery date indicated during the purchase process and listed on the “Order Registration Confirmation”, he/she can legitimately terminate the purchase agreement, without prejudice to his/her right to compensation (“Purchase Agreement Termination in Exceptions”). Notification of the Supplemental Term, pursuant to Article 61, paragraph III, of the Consumer Code, and of purchase agreement termination, pursuant to Article 61, paragraph III of the Consumer Code or of Purchase Agreement Termination in the Exclusions shall be made by the customer to Ecommerce Outsourcing via email at the “Customer Service” address. In case of Purchase agreement termination, pursuant to Article 61, paragraph III of the Consumer Code or of Purchase Agreement Termination in the Exclusions, Ecommerce Outsourcing will refund the customer the Total Amount Due without undue delay. Refund will be made in the manner described in the section “Methods of Payment”, as applicable. In the event that the customer does not schedule a Supplemental Term, pursuant to Article 61, paragraph III, or the Consumer Code, or, where circumstances warrant, does not terminate the Purchase Agreement, pursuant to Article 61, paragraph III of the Consumer Code, or terminate the Purchase Agreement in the Exceptions, Ecommerce Outsourcing, notwithstanding the possibility for the customer to use remedies and/or protection provisions pursuant to the law, and, in particular, Chapter XIV of Title II of Book IV of the Civil Code, undertakes to:
- give timely notice to the customer by e-mail of delay in delivery, also providing the new delivery data, if available, which must be accepted by the customer via email;
- in case of delivery delayed by 10 days or more, to grant the customer, if requested, a refund of the delivery charges and any other costs, even for “Additional Delivery Services” or other services purchased by him/her, immediately and no longer than 10 days from such request, or, alternatively, issue the customer a voucher equal in value to the amount of the delivery costs paid by the customer. The voucher is redeemable within 3 months of issuance.
Right of Cancellation of Device Purchase
- Notwithstanding the provisions of the “Rights of Cancellation of the Package Purchase” section, pursuant to Section II of this Agreement, the customer who qualifies as consumer, pursuant to Article 52 et seq., of the Consumer Code, has the right to terminate the purchase agreement relating to the Product, without incurring costs other than those related to returning the item, as provided for in this section, without providing any reason, and within fourteen calendar days (“Withdrawal Period”). The Withdrawal Period will expire after 14 days:
- in the case of an order for a single Product, commencing upon the day in which you have, or an individual designated by you has physical possession of the Product;
- in the case of an order for multiple Products with disaggregated shipping, commencing upon the day in which you have, or an individual designated by you has physical possession of the last Product of the ordered batch;
- in the case of an order relating to the delivery of a Product comprising several batches or multiple pieces, commencing upon the day in which you have, or an individual designated by you has physical possession of the last batch or piece of the Product.
- To exercise the right of withdrawal, the customer must inform Ecommerce Outsourcing of his/her decision to terminate, prior to the expiration of the Withdrawal Period: To this end, the customer may:
(i) contact the Kippy customer service at https://www.kippy.eu/en-gb/customer-care, following the procedure specified therein; Ecommerce Outsourcing will send to the customer via email, without delay, a confirmation of receipt of the withdrawal notice;
(ii) use the sample withdrawal form (“Sample of Withdrawal Form”), provided by Ecommerce Outsourcing on the site and attached to the “Order Confirmation Registration” email, which, once duly completed, will be sent to Ecommerce Outsourcing at the address and/or fax provided by the latter, prior to the withdrawal period;
(iii) submit any other explicitly statement concerning his/her decision to terminate the purchase agreement (“Withdrawal Statement”). The Withdrawal Statement must be sent to the following addresses: by fax to +39 02 99762935, or at Ecommerce Outsourcing s.r.l., Via Sesia snc, 20017 Rho (MI). If the customer wishes to make a Withdrawal Statement, he/she must list thereon the order number, the name of the Product subject to termination, and his/her address.
- The customer will have exercised his/her own right to termination if the Withdrawal Statement is sent by the customer before the expiry of the Withdrawal Period. Since the customer bears the burden of proof in matter of exercising the right of withdrawal before the expiration of the Withdrawal Period, it is in the customer’s interest to use a reliable medium of communication when notifying Ecommerce Outsourcing of his/her intent to terminate.
- Instructions on Withdrawal, which contain information on exercising the right of withdrawal, are available to the customer on the Site at the time of order submission, on the “Withdrawal Rights” link, and attached to the Order Registration Confirmation email.
- In any case, the customer is only responsible for the decrease in value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product. The Product may be tried, tested or verified but cannot be used, washed or damaged; therefore, it must be treated with standard care and returned intact, perfectly suited to its intended use and without signs of wear or dirt, complete in all its parts, accessories and package leaflets with its identification tag, labels and disposable seal, if any, still attached to it and intact.
Products sold on the Site are original and shipped in their authentic packaging; when returned, Products must be in their original packaging, if possible, and include any accompanying accessories (e.g., hangers, garment covers, belts, cables, batteries, manuals, etc.) and/or elements (e.g., identification tag with disposable seal).
Furthermore, purchase agreement termination is contingent upon the return of the Product in its entirety. It cannot be applied only to parts and/or accessories of the Product.
- The Product, properly packed and protected, must be sent to Ecommerce Outsourcing without undue delay and, in any case, within 14 calendar days of the date on which the customer has informed Ecommerce Outsourcing of his/her decision to terminate the purchase agreement (“Return Deadline”). The Return Deadline is met if the customer returns the Product before the expiry of the Deadline. The Product must be sent to the following address: Ecommerce Outsourcing s.r.l., via Sesi snc, Rho (20017). The customer is responsible for returning the Product to Ecommerce Outsourcing s.r.l. using a courier of his/her choice. The direct cost of returning the Product is the customer’s responsibility.
- In the case of goods which by their nature cannot normally be returned by post, the maximum estimated return cost for such Products will be identified in the Withdrawal Instructions.
- In order to return the Product within the Restitution Deadline, the customer may, at his/her option and without prejudice to the right to follow the return procedure provided for in the preceding paragraph, elect to use a courier recommended by Ecommerce Outsourcing . In this case, the customer will use the pre-filled label that Ecommerce Outsourcing will send by e-mail following receipt of the customer’s cancellation notice. The label must be attached to the package containing the Product to be returned, making sure that it covers the label relating to the original delivery to the customer. The user can then contact the courier recommended by Ecommerce Outsourcing by email to schedule the package pickup, also agreeing on a collection date and place. As indicated in the email, the cost of the call to the courier will be the customer’s responsibility. Shipment will be under the responsibility of Ecommerce Outsourcing, but the direct costs of returning the Product are borne by the customer; these costs will be equal to those incurred by the customer to receive the original Product and will be deducted by Ecommerce Outsourcing from the amount due to the customer as a result of his/her request to cancel the purchase agreement.
- If the customer terminates the contract, Ecommerce Outsourcing will reimburse Total Amount Due paid by the customer for the Product, including delivery costs, if applicable, without undue delay and, in any event, no later than 14 calendar days from the day when Ecommerce Outsourcing was informed of the customer's decision to withdraw. Pursuant to Article 56, paragraph III, of the Consumer Code, Ecommerce Outsourcing Code may suspend the refund until receipt of the Products, or until the customer can offer proof that the Products have been shipped, whichever comes first, except in cases when the customer uses a courier recommended by Ecommerce Outsourcing.
- Without prejudice to the provisions set forth above concerning the refund of shipping costs for Products for cases when customers use couriers recommended by Ecommerce Outsourcing, the refund will be made using the same means of payment used by the customer for the initial transaction, unless the customer has expressly agreed otherwise and provided that no costs are incurred as a result of such refund. Where, due to the medium used for the initial transaction (i.e., check), it is not possible to use the same means of payment, reimbursement shall be by bank transfer. To this end, Ecommerce Outsourcing we will ask the customer to provide his/her bank information necessary to complete wire transfers, in case the customer has not previously provided such information.
- If there is a discrepancy between the recipient of the Products listed on the order form and the person who made the payment to purchase the Products, the refund, in the event of exercise of the right of withdrawal, will be send by Ecommerce Outsourcing to the person who made the original payment.
- In the event that, by applying one of the assumptions of the law, the right of withdrawal does not apply, the Site provide such information on during the purchase process and, in any case, before the customer submits the order.
- If the Product for which the purchase agreement was terminated has decreased in value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the Product, the refund amount will be reduced by an amount commensurate with the decrease in value. Ecommerce Outsourcing will provide information to the customer on the circumstances of and subsequent decrease in value, by email within 14 working days from receipt of the Product, also providing, where the refund has already been paid, the bank details for the payment of the amount due by the customer due to the decrease in value of the Product. If it has already been received by Ecommerce Outsourcing, the Product will remain available to the customer for collection, which will be at the cost and under the responsibility of customer.
Legal Guarantee of Conformity
- All Products sold are covered by the Legal Guarantee of Conformity, pursuant to Articles 128-135 of Legislative Decree n. 206/2005 (“Consumer Code”) (“Legal Guarantee”).
- RECIPIENTS OF GUARANTEE
The Guarantee is reserved exclusively to consumers, as defined by the Consumer Code. Therefore, it is applicable exclusively to Customers who have purchased the Product for purposes not related to business, commercial, craft or professional activities.
- APPLICATION OF GUARANTEE
The seller (and, therefore, with regard to purchases made on the Ecommerce Outsourcing Website) is liable to the consumer for any lack of conformity of the Product at the time of delivery and which becomes apparent within two years from delivery thereof. The lack of conformity must be reported to the dealer, under penalty of voiding of such guarantee, within two months from the date on which it was discovered.
Unless proved otherwise, it is assumed that any lack of conformity which becomes apparent within six months of delivery of the Products already existed on that date, unless this presumption is incompatible with the nature of the Product or the nature of the lack of conformity. From the seventh month following the delivery of the Product, it will be the consumer's burden to prove that the defect existed at the time of delivery thereof.
- In order to use the Legal Guarantee, the Customer must first provide evidence of the date of purchase and delivery. Therefore, the Customer must retain the purchase invoice which Ecommerce Outsourcing will send via email in PDF format, as well as the Product packing list or any other document that can confirm the date of purchase (for example, bank wire receipt or credit card statement).
- WHAT IS LACK OF CONFORMITY
Lack of conformity exists when the purchased item:
- is not suitable for the purposes for which goods of the same type are normally used;
- does not comply with the description provided by the seller and does not possess the qualities which the seller has warranted to the consumer as sample or model;
- does not have the usual quality and performance of goods of the same type and which the consumer can reasonably expect, taking into account the advertising or label statements;
- is not suitable for the particular use which the consumer requires and which was made known to the seller at the time of purchase, as accepted by the seller.
- The scope of application of the Legal Warranty does not cover any failure or malfunction determined by accidental facts or responsibility of the customer or by the use of the product that does not conform to its intended use and/or to what is described in the technical documentation supplied with the Product.
- REMEDIES AVAILABLE TO THE CUSTOMER
In case of lack of conformity duly reported within the established deadline, the Customer is entitled to:
- primarily, the free repair or replacement, unless the remedy requested is impossible or excessively expensive compared to another course of action;
- secondarily, (i.e., in cases where repair or replacement is impossible or prohibitively expensive or the repair or replacement were not made within a reasonable time or the repair or replacement previously made have caused significant inconvenience to the consumer) to a price reduction or termination of the contract, at his/her discretion.
- The remedy requested is overly burdensome if it imposes the seller unreasonable costs compared to alternative remedies that may be exercised, taking into account:
- the value of the item if it were free from defects;
- the magnitude of the defect;
- that the alternative remedy could be completed without significant inconvenience to the consumer.
WHAT TO DO IN CASE OF A CONFORMITY DEFECT
In the event that a product purchased during the period of validity of the legal warranty, shows what could be a defect, the customer must send a special notice to Ecommerce Outsourcing; Ecommerce Outsourcing reserves the right to ask the customer to attach to the Product the request of purchase and/or packing slip or any other document indicating the date of the purchase. The “Customer Service” office will promptly acknowledge promptly customer’s notification, also providing details on the steps to follow.
Section II - General Conditions of Sale apply to the Purchase of Packages
In order to use the Device, the customer will have to install the Kippy APP on his/her Smartphone and/or tablet, register, insert the code on the Device (“Kippy ID”), and purchase the Package that is most suitable to his/her needs.
Packages are sold directly by Ecommerce Outsourcing.
All the provisions of Section I of this document, with the exception of provisions that are expressly replaced by provisions set forth below are applied to the offer and sale of Packages.
The private Site area accessible via the Kippy APP, it is not possible to purchase the Device; therefore, the provisions of Section I related to the Device or, at least, to a physical product and/or goods are not applicable.
The Kippy APP can be downloaded for free from Google Play, The App Store and Windows Store, is compatible for iPhone 5, iPad, iPad Retina, Android Froyo, Gingerbread, Honeycomb, Ice Cream Sandwich, Jelly Bean, KitKat and Windows 8. If the customer does not own one of the devices with which the APP is compatible, the app can be downloaded by accessing the myKippy area of the Site.
The APP registration and use are free of charge.
Availability of the General Conditions of Sale
The GCS are made available to the customer prior downloading the APP in the APP Store and after downloading, in a special section of the APP aw well as on the Site. Any changes and/or new conditions will be in force from the moment of their publication on the Site. Customers are, therefore, invited to access the Site and/or the specific APP section and read the most recent version of the GCS before making any purchase.
Information on the Purchasing of Packages
After downloading the APP, the customer must first register the app and enter his/her Kippy ID, and can then proceed with the purchase of Packages, choosing the one best suited to his/her needs.
Contrary to what is provided for under “Payment” of Section I of this Conditions of Sale, Packages can only be paid by credit card or PayPal. Notwithstanding the “Credit Card” provisions of Section I of these Conditions of Sale, in the case of payment of Packages by credit card, the purchase amount will be charged by Ecommerce Outsourcing at the time of or immediately after the signing of the purchase agreement (i.e., submission of the purchase order).
In the event that the customer does not provide instructions to the contrary by clicking the link “Cancel Service” on the “Billing Information” page of his/her APP account, the new Package will be activated with the same services or more services, depending on the individual Package purchased at the same price as the previous one. The price will be charged to the customer’s credit card and/or to the payment instrument used by the customer for the purchase of the previous Package.
Through the appropriate APP function, the customer can also download and/or upgrade the Package already purchased and activated (“Active Package”).
In case of upgrade of an Active Package, i.e., purchase, prior to the expiration of the Active Package, of a new package containing multiple services (“Premium Package”), the Premium package will be activated immediately. The customer will enjoy the Premium package until the Active Package is active and until the former’s own period of activation.
In case of upgrade of an Active Package, i.e., purchase, prior to the expiration of the Active Package, of a new package containing less (“Base Package”), the Base package will be activated upon expiration o of the Active Package.
Right of Cancellation of the Package
Notwithstanding the provisions of the “Rights of Cancellation of the Package Purchase” section, pursuant to Section I of this Agreement, the customer who qualifies as consumer, pursuant to Article 52. et seq., of the Consumer Code, has the right to terminate the purchase agreement relating to the Product, without incurring costs other than those related to returning the item, as provided for in this section, without providing any reason, and within the Withdrawal Period. The Withdrawal Period will expire after 14 days from the implementation of the Package purchase agreement.
By clicking on “Buy Now”, which appears on the summary of the Package purchase agreement, the customer is asking for the Package to be activated prior to the expiration of the deadline to exercise his/her right to withdraw, pursuant to and by effect of Article 51, paragraph VIII, of the Consumer Code, without prejudice to the customer’s right to exercise this option, pursuant to the terms and conditions set forth in the Instructions on Termination, which are available on the APP link and the “Order Confirmation” email. If the customer exercises his/her right to termination, he/she will pay Ecommerce Outsourcing an amount proportional to what was provided up to the time in which the customer informed Ecommerce Outsourcing of his/her decision to cancel all remaining services to be provided for by the purchase agreement (“Proportional Amount”). The Proportional Amount will be calculated by dividing the cost of the Package by the number of days elapsed between the execution of the Package purchase agreement and the day in which the customer informed Ecommerce Outsourcing of his/her decision to cancel the agreement, and will be deducted from the amount Ecommerce Outsourcing is required to return to the customer as a result of his/her decision to cancel.
Section III - Common Provisions
Additional Paid Support Services
No additional paid support services are offered.
Customers and Complaints Service
Customers can request information, send communication, ask for assistance and submit complaints to Ecommerce Outsourcing through the “Customer Service” section of the Site. Ecommerce Outsourcing will respond to complaints by email or by post within 5 working days.
Applicable Law - Out-of-court Disputes - Alternative Dispute Resolution/Online Dispute Resolution
- The purchase agreement entered into on the Site is governed by Italian law.
- Customers/Consumers whose residence is outside of Italy may apply provisions deemed more favorable and mandatory, if any, in force in the country where they habitually reside, in particular, as it pertains to the deadline to exercise the right to cancel a purchase, and, where such right is exercised, to the terms and conditions of notification of such option and the warranty.
- Any dispute concerning the application, implementation and interpretation of these General Terms shall be under the jurisdiction of the court system where the Customer resides, provided that the latter is a consumer, as defined by the Consumer Code.
- Pursuant to Article 141-sexies, paragraph 3, of the Consumer Code, the Company notify Customers who qualify as consumers, in accordance with Article 3, paragraph 1, lett. a) of the Consumer Code, that, in case complaints are submitted to the Company and where such complaints have not been successfully resolved, the Company will provide the information about Alternative dispute resolution bodies tasked with the settlement of disputes related to obligations deriving from these General Conditions (so-called, ADR entities, as set forth in Articles 141-bis et seq., of the Consumer Code), specifying whether or not it intends to make use of such bodies to resolve the dispute. Furthermore, Ecommerce Outsourcing notifies Customers who qualifies as consumers, in accordance with Article 3, paragraph 1, letter a) of the Consumer Code, that a European platform has been designated for the online dispute resolution of consumer disputes (ODR platform). The ODR platform is available at the following address http://ec.europa.eu/consumers/odr/; through the ODR platform, consumers can consult the list of ADR entities, find the link to the website of each of them and start an on-line dispute settlement proceeding, as warranted by circumstances. Customers who qualify as consumers shall retain the right to seek redress through an ordinary court system to solve any dispute arising from these General Terms, whatever the outcome of the court settlement procedure may be, as well as the possibility, where it can be justified, to lodge an out-of-court resolution of controversies relating to consumer relations through recourse to the procedures set forth in Part V, Title II bis of the Consumer Code.
- Customers who reside in a European Union Member State other than Italy, may also have access, for any dispute concerning the application, implementation and interpretation of these General Conditions, to the European procedure established for small claims, by Regulation (EC) No. 861/2007 of 11 July 2007, provided that the amount in dispute does not exceed, excluding interest, fees and expenses, Euro 2,000.00. The text of the regulation is available on the website www.eur-lex.europa.eu.
Rho (Milan), 23/03/2016