Condition of sales
The Seller recommends that you read these General Terms and Conditions of Sale carefully before making any purchase via the Website.
GENERAL TERMS AND CONDITION OF SALE
This document contains the General Terms and Conditions of Sale governing online purchases made through the www.recaro-kids.com. The Products purchased through the Website can only be delivered in Italy, Germany and France.
For sales made in Italy, the products and services purchased on the Website are sold directly by Recaro Kids S.r.l. (the "Seller"), with registered office at Via Niccolò Tommaseo 68, 35131 Padova, registered with the Register of Companies of Padova No. 446994 VAT no 04925580286. The company is directly identified for VAT purposes in the following European Union member states: for sales to consumers in France under the VAT number FR63884195272; for sales to consumers in Germany under the VAT number VAT DE321209993
The Seller reserves the right to amend these General Terms and Conditions of Sale at any time; any new rules shall become effective as soon as they are published on the Website and shall only apply to sales made after their publication. Before placing an order and, therefore, entering into the purchase contract, the Customer must carefully read the General Terms and Conditions of Sale in force together with all the information that the Seller provides through the Website, both before and during the purchase process. The General Terms and Conditions of Sale are made available to the Customer in the "Terms and Conditions of Sale" section of the Website, which can be reached via the link of the same name in the footer of the Website. The Customer may store and reproduce them. They are also made available to the Customer via the appropriate link during the purchase process and must be accepted in order to proceed with the purchase.
For further information, you can contact the Seller's Customer Service through the on-line form in the "Contact me" section or through the chat box on the homepage of the Website or by phone at +39 02 4546 7740 or by email at email@example.com.
1.1 Customer: the Consumer, as defined below.
1.2 Order Confirmation: notice sent to the Customer by e-mail, giving the final details of the purchase contract entered into between the Seller and the Customer (of which these General Terms and Conditions of Sale form an integral part).
1.3 Consumer: natural person, of age or otherwise legally capable of acting, who places an order on the Website for purposes unrelated to any entrepreneurial, commercial, craft or professional activity carried out subject to the rules referred to in Legislative Decree no. 206/2005, as amended.
1.4 Seller: Recaro Kids S.r.l., whose details are specified above, as owner of the Website and supplier of the products sold online.
1.5 Price: the contractual amount stated in the Order Confirmation, including VAT.
1.6 Product(s): the products included in the electronic catalogue published on the Website, as described in the relevant product sheets and specified in detail in the Order Confirmation.
- Commercial policy - Scope of application
2.1 The mission is to promote and sell the Supplier's products, with specific regard to B2C (Business to Consumer) Trade with private consumers. Pursuant to its commercial policy,the purchase of Products via the Website is subject to registration and is permitted to natural persons who are consumers and over 18 years of age. The Seller therefore asks users who do not qualify as Final Consumers to refrain from seeking to establish commercial relations with the Seller through the Website and from placing orders through third parties.
These Terms and Conditions of Sale govern exclusively the offer, the placing of purchase orders for products and the entering into contracts between Customers and Seller via the Website (“Terms and Conditions of Sale").
2.2 On the other hand, these Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than the Seller that are present on the Website via links, banners or other hypertext links. Before placing purchase orders for products and/or services with parties other than the Seller, the Customer should check their terms and conditions of sale. The Seller is not responsible for the provision of services by third parties other than the Seller or for the conclusion of e-commerce transactions between users and third parties.
2.3 In the event of a computer, manual, technical or any other error that results in a material change, not foreseen by the Seller, in the sale price to the public, which makes it exorbitant or clearly negligible, the purchase order shall be considered invalid and shall be cancelled and the amount paid by the Customer shall be refunded within 14 days from the day of cancellation, after notifying the Customer.
2.4 The Seller reserves the right to check and assess the proper conduct and good faith of the customer, especially the entry of incorrect or untrue data or the use of promotions or discount coupons. If the customer's conduct is found to be unlawful and improper, the Seller reserves the right to take all necessary actions to put an end to the irregularities
2.5 These Terms and Conditions of Sale are published on the home page of the Website and can be viewed by the Customer at any time, before and during the placing of an order, and must be expressly accepted in order to proceed with the order.
- How to enter into the contract
3.1 In order to enter into a contract for the purchase of one or more Products on the Website, the Customer must fill in the electronic order form, making sure that his or her data are correctly entered as required in the form, and send it electronically to the Seller, by following the instructions given on the Website.
Registration on the Website is required to enter into the purchase contract: the Customer shall create a personal "account" (or personal profile) by filling in the form on the Website, making sure that his/her personal data are correctly entered as required in the electronic registration forms; registration with the Website facilitates the purchase process, also for subsequent purchases, as the Customer will not be required to fill in the forms each time.
In any case, the Customer assumes responsibility for the truthfulness and correctness of the personal data entered and provided to the Seller during registration and when sending the order form. Under no circumstances shall the Seller be liable for any damage/delay/discomfort relating and/or attributable to incorrect and/or untruthful personal data entered at the time of registration and/or subsequently modified. Inany event , before sending the order form, the Customer may identify and correct any data entry errors by going back to the relevant data entry forms
3.2 The order form contains a reference to these Terms and Conditions of Sale and a summary of the main information relating to each Product ordered. More specifically, it sets out the price (including all applicable taxes and/or duties), the payment method selected and the method of delivery of the products ordered (together with any relevant costs).
3.3 Before proceeding with the purchase of the products by submitting the order form, the Customer is required to read the General Terms and Conditions of Sale and the General Terms and Conditions of Use carefully, and to print and/or save a copy of them for future use. In particular, before completing the on-line purchase procedure and the payment, the Customer will be asked to read and accept these Terms and Conditions of Sale.
3.4 By submitting the order form, the Customer accepts and undertakes to observe these Terms and Conditions of Sale in his dealings with the Seller. If the Customer does not agree with any of the terms herein, he/she is advised not to submit the order form for the purchase of products on the Website.
3.5 By submitting the order form, the Customer confirms that he/she is also aware of and accepts the further information contained on the website, in the General Terms and Conditions of Use and in the Privacy Information Statement.
3.6 The order form is submitted after clicking on the "Buy now" button. The contract is formed when, after the Customer has checked the order data, the Seller receives the corresponding order form electronically, complete with all data (truthful and correct) and in accordance with the provisions of these GTC.
3.7 Once the contract has been entered into and the payment has been verified, the system shall automatically send an Order Confirmation to the Customer at the e-mail address and in the language specified in the order form. This document shall contain the list of products actually purchased together with their main characteristics, including the price inclusive of VAT. It shall also contain information on shipping data, costs and expected delivery times. In addition, the total cost of the order (with and without VAT) and the main information about the payment made will be included. Finally, this document will contain a summary of the Terms and Conditions of Sale, the General Terms and Conditions of Use of the Website and the Seller's tax data (Name, Legal Form, Registered Office, Registration with the Companies Register, Tax Code, VAT number and Person in Charge).
3.8 The order form shall be filed in the Seller's database for as long as it is necessary to process the order and in any case for the period specified by law. The Customer can access the order form in the Personal Area > "My orders” section
3.9 The Seller may choose to enter into the contract in English, German, French or Italian.
3.10 Product prices may be subject to updates. The Customer is required to ascertain the final sale price before submitting the relevant order form.
3.11 Purchase requests with delivery to countries other than Italy, France or Germany (see the "Product shipment and delivery” section) cannot be accepted by the Seller.
3.12 Once the contract has been entered into, the Seller shall process the corresponding purchase order.
3.13 The Seller may not process purchase orders submitted by the Customer if the data provided by the latter are incomplete or incorrect or if the Customer is not a natural person Consumer. In these cases, the Seller shall inform the Customer by e-mail that the contract has not been entered into, specifying the reasons. The Seller shall refund any price already paid according to the procedures described below (see section "Refund times and procedures").
3.14 In general, all items on the Website are available. If specific products displayed on the Website are no longer available or for sale after the order form has been submitted, the Seller shall inform the Customer of this unavailability. To the extent permitted by law (including, for example, an unforeseeable and insurmountable event of a third party to the Contract or a force majeure event), the Seller shall not be liable for the temporary unavailability of one or more products.
Without prejudice to what is agreed below, namely the Customer’s option to exercise the right to cancel the order for all the products (see "Right of withdrawal” section), by submitting of the order form the Customer accepts that delivery of the ordered products may be partial, limited to the products available. The Seller shall therefore refund the amount corresponding to the unavailable products according to the procedures described below (see "Refund times and procedures” section), without prejudice to any further rights of the Customers.
3.15 Upon dispatch of the products stated in the order form, the Seller shall send the Customer a Confirmation of Dispatch to the specified e-mail address and in the specified language.
6. Warranties and after-sales service
6.1 The essential characteristics of the products are stated on the Website, in each Product detail page. However, the images and colours of the products offered for sale may not correspond to the actual ones due to the Internet browser and monitor used. It is therefore agreed that, subject to the indications shown on the label and without prejudice to the right to withdraw, the Customer may not raise any objection against the Seller, in the event that the Product delivered does not correspond to the image of the Product shown on the Website in terms of colours.
6.2 The Seller pays the utmost attention to ensure that the description and appearance of the products on the website correspond to what is stated on the label on the product packaging. In any case, it is emphasised that, where differences are found, the label and the instructions for use of the Product provided by the Manufacturer shall always prevail.
6.3 Upon delivery of the purchased Product by the courier, the Customer is required to check that the number of packages delivered corresponds to the number stated in the transport document and that the packaging and the seals (adhesive tape or metal strapping) are intact, not damaged, wet or otherwise altered. Upon receipt of the Products, the Customer shall:
- make sure that the packaging is intact. If that is not the case, the Customer must NOT accept delivery of the Products and leave them with the courier. Should this occur, the Customer must promptly notify the Seller so that the purchased goods can be shipped back as soon as possible;
- sign the document of receipt of the goods submitted by the courier, always including the words "ACCEPTED SUBJECT TO CHECK”. This will make it easier and quicker to obtain a refund for damage attributable to transport;
- photograph the package - if the Products received are damaged or incomplete/incorrect - both outside and inside so that, in the event of request for refund, the Seller can request such material and verify the actual problem.
Without prejudice to the additional warranty offered by the Seller as per clause 6.4, once the courier's document has been signed, the Customer may not raise any objection with respect to the external characteristics of the Products delivered; as a result, the risk of damage to the Products - as regards these aspects - shall be transferred - unless otherwise provided for by the applicable legislation - to the Customer for all intents and purposes.
6.4 In any case, the Seller offers an additional warranty to the Customer, so that if the Customer does not comply with the provisions of clause 6.3 and therefore forfeits the right to make a claim against the shipping courier for damage to the products, the Seller shall refund the damaged goods in any case, in accordance with the procedures set out in this document (clauses 10 and 11).
6.5 The Seller shall be liable to the Customer for any product non-compliance at the time of delivery and for hidden defects that become apparent within two years of such delivery. The Customer may request service under warranty through the website (“contact us” section), specifying as reason “warranty for product non-compliance”, the order code and the reason for the complaint. The Seller reserves the right to request images/photos/videos in order to make a prior assessment. The Seller reserves the right to ask the user to enclose the Order Confirmation and/or the Delivery Note or any other document proving the purchase date and the delivery date along with the request to make use of the legal Warranty for non-compliance. If the Italian law applies, the non-compliance must be reported to the Seller, under penalty of forfeiture of the warranty, within two months from the date on which it was discovered. After verifying compliance with the above, the Seller shall inform the Customer of the procedures for the repair or replacement of the product under warranty. The Seller shall, where necessary, arrange for the defective Product to be collected by an express courier at its own expense, directly at an address specified by the Customer. In this case, unless otherwise specified by the Seller, the Customer must make the complete Product with all its parts available for collection. Following receipt of the product, the Seller shall assess the actual alteration and, in the event of affirmative response and subject to any request by the Customer on the remedy to be adopted pursuant to the applicable legislation, the Seller shall repair or replace the goods at its own expense, within and no later than 30 (thirty) days of the date of receipt of the returned product.
6.6 In the event of negative response, the Seller shall promptly notify the Customer of the negative outcome of the return procedure, and no replacement product shall be sent to the Customer. In any case, the Customer may, at his/her own expense, collect the product from the Seller within and no later than 30 (thirty) days from the notice of negative outcome of the procedure, without prejudice to the Customer’s rights under the law.
6.7 If French law applies, the Customer also benefits from the warranty against hidden defects in accordance with articles 1641 et seq. of the French Civil Code.
6.8 Except as otherwise provided by applicable law and without prejudice to the unwaivable rights of consumers, the Seller shall not be liable or obliged to pay any indirect, non-pecuniary or collateral damages, including (without limitation): loss of profit, loss of earnings, production limitations, administrative or staff costs, loss of customers or legal action by third parties.
6.9 The limitation of liability set out in clause 6.8 shall not apply in the event of fraud, wilful misconduct or gross negligence of the Seller, or in the event of serious injury or death caused by gross negligence of the Seller.
7.1 The Seller shall only accept payments in Euro.
7.2 Payment for the Products purchased on the Website and any shipping costs can be made by credit card The cards accepted are stated on the Website before entering the credit card details. The Customer warrants that he/she is authorised to use his/her credit card to pay for the order.
7.3 The entire payment procedure shall be handled, in fully security, by SHOPIFY PAYMENTS, SHOPIFY's collection and payment service. As such, the Seller shall never be in possession of any sensitive information (for example, the customer’s full credit/debit card number or security code). The data entered may be stored by the payment service provider as the Customer's payment method for subsequent purchases. The respective data protection rules of the payment service provider shall apply
8. Shipping and delivery of the Products
8.1 The Seller ships its products exclusively to Italy, Germany and France. The purchase through the Site is therefore allowed to Customers, regardless of their nationality and/or their place of residence and/or establishment, it being understood, however, that the Products may only and exclusively be delivered in the countries specified above.
8.2 The Seller uses major express couriers for the shipment of the products. The products are shipped by standard delivery which takes 4-7 working days (i.e. Monday to Friday) after dispatch of the Order Confirmation. In any case, the Seller reserves the right to deliver the ordered products within a maximum period of 30 days from the Order Confirmation email.
8.3 The Seller undertakes to use all necessary efforts to comply with the delivery times stated above; however, in the event of delays, the Seller shall not be held liable, to the extent permitted by the applicable laws and without prejudice to the unwaivable rights of consumers, for any resulting damage or inconvenience.
8.4 Standard delivery is free of charge.
8.5 The Customer is required to check the number and integrity of the packages at all times. In the event of anomalies or damage, the complaint must be made immediately to the courier, refusing delivery and promptly reporting the incident to Customer Service. The costs of replacement and return shall be borne entirely by the Seller.
8.6 Delivery is intended to the ground floor and, unless otherwise specified, it shall take place from Monday to Friday during normal office hours (9:00 a.m. to 6:00 p.m.), excluding public holidays and only in the above-mentioned countries.
- Right to withdraw
9.1 The Consumer Customer shall have the right to withdraw from the purchase contract for any reason, with no need to provide explanations and without penalty, in accordance with the terms and procedures set out in the following articles.
9.2 In order to exercise the right to withdraw, the Customer must send the Seller a notice to that effect within 30 days from the date of receipt of the Products by the Customer (or by a third party on his/her behalf), by contacting Customer Service through the on-line form in the "Contact me" section or through the chat box on the homepage of the Website, indicating the order code/number.
If the Order includes several products and these are delivered separately, the withdrawal period ends 14 days after the day on which the Customer (or a third party on his/her behalf) has received the last Product.
9.3 In view of the characteristics of the Products sold by the Seller, the right to withdraw only applies to the Product purchased in its entirety; it is not possible to exercise withdrawal on just one or more parts of the purchased Product. For Orders comprising several Products, withdrawal may be exercised in respect of one or more of the Products in the Order, by specifying the description of the Products to be returned in the withdrawal notice. In such cases, reimbursement shall be made as set out in the following paragraphs.
9.4 Once the aforementioned withdrawal notice has been received, the Seller, having checked that the terms for exercising the right to withdraw have been complied with, shall send an email to the Customer via its Customer Service, containing the procedure to be followed for returning the products.
In particular, the Seller shall contact the Customer in order to provide instructions for returning the product and the return shipment via the courier indicated by the Seller shall be free of charge.
If the Product is returned using a different courier, all costs shall be borne by the Customer.
The returned Product must be received by the Seller within 14 days of receipt of the notice opening the ticket for return due to withdrawal.
9.5 If withdrawal is notified by Customer in accordance with the procedures set out in the preceding article, the Seller shall reimburse Customer for all amounts paid by the latter, where applicable, or, for Orders comprising several Products, for the amount of the product returned, including, in the first case, the delivery costs, where applicable, within 14 days from the day the Seller was informed of the Customer's decision to withdraw from the contract. It is understood that the Seller is not required to reimburse the additional costs expressly requested by the Customer at the time of the Order.
9.6 Regardless of the matching between the recipient of the Products stated in the order form and the person who made the payment of the sums due for their purchase, the Seller shall refund the sums to the person who made the payment (identified as the holder of the credit card used for the purchase or as the holder of the current account from which the bank transfer for the purchase was made), unless the customer has expressly agreed otherwise. In any event, the Customer shall not bear any costs as a result of the refund The Seller reserves the right, where the applicable law so provides, to withhold the refund until it has received the returned Products or until the Customer has demonstrated that it has returned the Products, whichever is earlier.
9.7 The Customer shall only be liable for any decrease in the value of the goods resulting from any handling of the Product other than that necessary to establish the nature, characteristics and functioning of the Product. In any case, the Product must be handled with normal diligence and returned intact, complete in all its parts, fully functioning, accompanied by all its accessories, manuals/illustrative sheets and disposable seals, if any, still attached to the Product and intact and not tampered with, as well as free of any signs of use or dirt (such as, by way of example but not limited to, the wheels of the pushchairs must be in perfect condition and show no signs of any kind), and, if possible, in the original packaging.
9.8 If the Product for which the withdrawal has been exercised has suffered a decrease in value as a result of handling the goods other than that necessary to establish the nature, characteristics and functioning of the Product, the refund amount may be reduced by an amount equal to this decrease in value.
10.1 The return procedure is opened only upon request by the Customer to exercise the right to withdraw or in the cases provided for in these General Terms and Conditions. In any event, following the Customer's request, the Seller shall verify whether the conditions necessary for the opening of a return procedure are met.
10.2 Following the opening of a return procedure, the Seller shall send the Customer an email containing a description of the procedures for returning the product.
10.3 The return shipment via the courier specified by the Seller shall be free of charge. If the Product is returned using a different courier, all costs shall be borne by the Customer. The Customer shall allow the courier to collect the product on a working day at the address specified by the Customer.
10.4 Unless otherwise specified in these General Terms and Conditions of Sale or by the Seller, the returned package must contain a copy of the Order Confirmation sent to the email address specified by the Customer or of the waybill contained in the package at the time of receipt. Under no circumstances shall cash-on-delivery or carriage-forward parcels be collected.
- Time and method of refund
11.1 Without prejudice to other cases provided for in the applicable legislation, a refund procedure may refer to the following types of situations:
- refund for an order for which the right to withdraw has been exercised;
- refund for an order for which one or more products are not available.
- refund referred to in clauses 3.13 and 6.4.
11.2 Regardless of the method of payment used by the Customer and subject to the provisions on withdrawal in Article 9 above, the refund is activated by the Seller in the shortest possible time and in any case within 14 (fourteen) days of the sending of the relevant notice in the cases provided for above.
11.3 Regardless of the matching between the recipient of the Products stated in the Order Form and the person who made the payment of the sums due for their purchase, the Seller shall refund the sums to the person who made the payment (identified as the holder of the credit card used for the payment of the Price or as the holder of the current account from which the bank transfer for the payment of the Price was made).
- WEEE management
12.1 In accordance with the provisions of Legislative Decree 49/14 concerning the take-back of end-of-life electrical and electronic equipment (WEEE), the Customer may request the free take-back of equipment equivalent to the new one purchased online. There is no free take-back for the purchase of non-EEE Products. Free take-back may also be refused if there is a risk of contamination of the personnel making the take-back or if it is evident that the WEEE to be taken back does not contain its essential components or contains waste other than WEEE. The free take-back of WEEE requires the purchase of a new appliance of equivalent type and with the same functionality as the one covered by the Contract and shall be requested at the time of purchase: “one-to-one take-back".
13.1 Information on privacy is contained in the Privacy Information Statement which is an integral part of these Terms and Conditions of Sale Before placing an order and, therefore, entering into the purchase contract, the Customer must carefully read the Privacy information statement. This information is made available to the Customer in the "GDPR" section of the Website, which can be reached via the link of the same name in the footer of the Website, as well as via the appropriate link during the purchase process. The Customer may store and reproduce them.
- Applicable law and dispute resolution
14.1 Without prejudice to the European legislation on the law applicable to contractual obligations for contracts entered into by a natural person for purposes that can be considered unrelated to his or her commercial or professional activity with another person in the performance of their business or professional activity, these Terms and Conditions of Sale are governed by Italian law and in particular by the Consumer Code, with specific reference to the legislation on distance contracts and Legislative Decree No. 70 of 9 April 2003 and the Consumer Code Legislative Decree No. 206 of 6 September 2005. If there is a conflict between the applicable law and the clauses of these General Terms and Conditions that results in nullity or if said clauses are rendered inapplicable by effect of the law, this shall not cause the nullity of the Contract as a whole.
14.2 Any dispute which refers to the interpretation, performance, breach or termination of the Contract, or which is in any way related to the General Terms and Conditions of Sale, shall be submitted to the exclusive jurisdiction of the Court of Como, unless the exclusive jurisdiction of the Consumer’s courts is required by law.
- Amendments and updating
15.1 These Terms and Conditions of Sale shall be amended from time to time, also in consideration of any changes in legislation. The new General Terms and Conditions of Sale shall be effective from the date of their publication on the website.