The order you did on sextoyimjoy.it (“CONTRACT”) is a distance contract as established by the art. 50 e ss. Del D.Lgs. 6 settembre 2005, n. 206 ("Code of Consumption"). The Contract’s object is the sale of chattels between KTP Srl, located in Strada Massetana Romana, 50/A
53100 Siena, VAT IT 01407710522 ("KTP") and the consumer (the "Client").
“Client” means any person, who registers or not, who visits our Website, either they are Consumer Client or Pro Client.
“Consumer Client” stands for a natural person that acts for reasons that has nothing to do with entrepreneurial, business, handcrafted or professional activities as said by the article 3 of the Code of Consumption.
“Pro Client” stands for a natural or legal person who has a entrepreneurial, business, handcrafted or professional activity as established by the article 3, point c), of the Code of Consumption.
The Contract ends once KTP accepts a proposal of purchase sent by the Client via phone, fax or internet according to the terms described in the art. 3.
Prices and Shipment
All the prices you see includes the 22% of VAT and any other tax. Prices may change, even for a short period of time, due to certain limited or expiring offers.
Delivery costs are gradual and change according to the amount of the order, orders are visible in the cart section and in the summary of the order.
For certain items the shipment is for free and this is specified in the details of the item. Delivery costs are not cumulative but refers to the single order independently from the number of items you want to purchase.
Ways to purchase
the Contract by telephone can be perfected through the communication to the Client (who called KTP and in this occasion proposed a purchase by providing the operator with the info necessary for the procedure of registration of his/her name, of the order and the way to purchase chosen) that the proposal is accepted.
In case of proposal of purchase sent through the Website the Client will receive from KTP an e-mail with all the details and will be informed that the proposal will be processed and that is considered accepted, otherwise KTP will send an e-mail or will call.
The Client is allowed to choose the following method of payment:
· Credit Card through the safe server BrainTree by PayPal®
· Bank transfer on the account Banca MPS Spa
· Payment on the account of Paypal® or credit card through PayPal®
Fulfillment and Complaints
The fulfillment will be processed as soon as possible according to the availability of the items and in any case will happen within 30 (thirty) days starting from the end of the Contract.
The delivery will take place with the courier GLS directly to the address written by the Client. Any complaint can be sent to the following address : KTP Srl, Strada Massetana Romana, 50/A - 53100 Siena or to firstname.lastname@example.org
Warranty, Assistance and Responsibility.
LEGAL WARRANTY OF CONFORMITY
All the items purchased at KTP include the legal warranty of conformity according to the Code of Consumption.
The lack of conformity subsists when the item is not fit for the use assigned to it , when it does not suit the description or does not have the qualities stated by the producer, when it does not offer the properties and the performances of a similar item, when it does not suit the use requested by the seller if informed by the seller at the moment of the purchase and accepted by the seller (art. 129 of the Code of Consumption).
The Pro client has the right to make the warranty for faults count for 1 (one) year starting from the delivery of the purchased item (art.1490 and following of the Civil Code) and the respective faults will have to be denounced according to the terms of the art. 1495 c.c.
The consumer (the natural person that acts for reasons that have nothing to do with entrepreneurial, business or professional goals or different from one’s job) that purchased an item from our company has the right to have a 24-month warranty for lacks of conformity, according to the Code of Consumption (d.lgs.206/05, articles 128-135). In order to make use of the assistance during the period of warranty the Client will have to keep the invoice or the receipt that will receive in paper format at the moment of the purchase of the item. When the client accepts the contract of purchase agrees with the ways of assistance in effect at the moment of the purchase.
The 24-month warranty (according to the law n.206 of the 06/09/2005 of the Code of Consumption) will be valid for those products that will show a lack of conformity as long as they will be used correctly and according to their actual use and to the instructions attached to the package. This warranty is reserved to the private Consumer (natural person that purchases the item which has nothing to do with business activities or that buys it without mentioning the VAT number in the form of the order).
In case of lack of conformity, KTP will take care of it by adjusting or replacing the product or by decreasing the price, until the end of the contract. Once when the Client will receive the number of the authorization RMA (code of assistance assigned), that can be obtained by sending the request to email@example.com; the client will have to send the product by following the instructions listed in the email that KTP will send as soon as the damage will be communicated.
If, for any reason, KTP is not able to provide the Client with a adjusted or replaced product, it may decide to return the amount paid or to provide a similar product with the same or with better characteristics.
If the damage is not considered a lack of conformity according to the Law 24/02 once the Authorized Assistance Centre has checked on it, the Client will be charged with the possible costs requested by the Center plus the shipments costs paid by KTP.
KTP is not responsible for damages to things or people caused by malfunctioning or wrong use of the products. As they are electronic devices they must be considered not covered by warranty if the damage is due to incompetence or negligence.
Rights of Withdrawal.
The Consumer Client (natural person that, while stipulating the contract, acts with targets different from business or professional or entrepreneurial activities) has the right to withdraw the contract, as stated by the Law n. 206 of 06/09/2005, with no fees and with no explanation.
The Client had the right to withdraw the Contract stipulated by 14 days after the delivery of the goods. To communicate this withdrawal it is necessary to send a registered mail with return receipt , or an e-mail or a fax to the following :
Strada Massetana Romana, 50/A
The Client who intends to take advantage of the right of withdrawal will have to return the goods to the above-mentioned address by sending everything by 14 days starting from the day the Client will receive the authorization email from KTP.
The returned products will have to show no signs of use, will have to work perfectly, their package will have to be the original one and will have to be intact, with no sign of damage or use.
Costs of return are on the Client.
In case the above-mentioned procedure will not be followed (conditions and terms for the right of withdrawal) the Client will not be refund with the amount he had already paid.
If the product or its package will be damaged for any reason the amount of this damage will be established and the Client will be refund with only with the difference between the amount he paid and the amount of the damage.
The Consumer Client who will not respect the conditions of return we have described so far will be allowed to ask for the product back in the same conditions and will have to take care of the delivery costs again. Otherwise KTP will keep the returned products, plus the amount paid by the Client for the purchase.
The delivery and the shipping costs are on the Client.
KTP will refund the Client with the price of the product , 14 days starting from the restitution of the product that must be intact and that must work perfectly.
STEP BY STEP:
1) By 14 days from the reception of the products, the client must communicate the decision to take advantage of the right of the withdrawal through a registered mail with return receipt or through an e-mail to the above-mentioned address. The Client will have to mention the way he wants to be refund choosing between bank transfer (specify IBAN and owner) or Paypal (if this is the method he used to pay) and the necessary information of the chosen method.
2) Once KTP will have received this communication, it will authorizes the Client to send the products by sending an email to the Client itself.
3) The client will get the product ready in order to return it by packing it carefully with the original package and all the accessories contained in the original package. The product and its accessories must not show any sign of use.
The client will send it by 14 days after the reception of the authorization email from KTP.
4) Costs of return of the products are on the Client.
In case of damages or losses during the transport, KTP might decide to charge the Client for those possible damages.
5) As soon as KTP receives the products it will check on the entirety and well functioning of the goods. If everything is all right it will refund the costs of the purchase (shipping costs excluded) according to the ways mentioned in the previous communication, by 14 days starting from the reception of the communication of withdrawal unless KTP has not received the products correctly.
Information about the Privacy D.LGS. 196/03
CODE REGARDING PERSONAL DATA PROTECTION
KTP Srl, located in Strada Massetana Romana, 50/A - 53100 Siena – Italy, informs you that the personal data you provided KTP Srl with, will be processed according to the L D. 30 June, 2003 n.196.
Purposes of the processing.
The data provided from the users will be processed for the following purposes :
a. activities connected and/or necessary to process some requests made by the client regarding the on-line purchase.
b. obligations under the law, regulations and community legislation and instruction given by authorities that have the right to or by authorities of vigilance and control;
The data provided will be processed through paper documents and/or electronic ones for the purposes above-mentioned and in any case their safety and privacy will be always respected.
This may be done , on behalf of KTP with the same modalities by those who perform a service regarding the data processing or those who take care of similar or collateral activities which are necessary for the services or operations requested by the client. Those may be nominated time after time Responsible for the data processing on behalf of KTP.
PROVISION OF DATA
KTP informs that the provision of data is mandatory for the above-mentioned purposes at the points a and b, for this reason a possible refusal or inaccuracy of the provided data determines the impossibility of meeting the client’s requests.
RIGHTS OF THE PERSON INVOLVED
The person involved may be take advantage of the rights provided for by the law art.7 del D.Lgs. 196/03 :
Legislative Decree n.196 of 30 June, 2003 -
Rights of the person involved
Art. 7. Right of access to personal data and other rights
1. The person involved has the right to obtain the confirmation of the existence or not existence of personal data that regard him/her, even if the person involved has not registered yet, and their intelligible communication.
2. The person involved has the right to obtain the information :
a) the origin of the personal data;
b) the purposes and modalities of the processing;
c) the logic used to process the data with the cooperation of electronic tools;
d) the identity of the holder , of the responsible and of the representative designated according to the article 5, clause 2;
e) the people or the categories of people who those data may be sent to or who may be informed with as they are the representatives designated in that area of the Country, or responsible or individuals in charge.
3. The person involved has the right to obtain :
a) the update, rectification that is , when requested, and the integration of the data;
b) the cancellation, transformation in anonymous way or the block of the processed data by violation of the law, included those that must not be kept for the common uses or following needs;
c) the certification that the processes mentioned at the points a) and b) have been communicated, in terms of content as well, to those who have received the data, unless this is not possible or involve the use of means and tools that are excessive if compared to the right protected.
4. The person involved has the right to object totally or partially :
a) for legitimate reasons of the data processing that regards him/her if relevant for the data collection;
b) the personal data processing that regard him/her in order to send some adverts or to obtain information for market researches or commercial communications.
KTP Srl is the data controller, located in Strada Massetana Romana, 50/A - 53100 Siena (SI).
For any request concerning the data processing, according to the art. 7, d. lgs 196/2003, you can speak to the controller by contacting him at the above-mentioned address in the following ways:
1. sending an e-mail at the address firstname.lastname@example.org
2. sending a letter to: KTP Srl - Strada Massetana Romana, 50/A - 53100 Siena (SI)
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The Contract is governed by the Italian law. Any dispute regarding the application, execution , interpretation and breach of the Contract will be competence of the courts of Siena .