Terms and conditions of sale
Terms and conditions of sale
Each order sent constitutes an offer to purchase the products. Orders are subject to availability and to the Owner’s discretionary acceptance.
Users must select the products and complete the check-out, after having attentively verified the information in the order summary. The order is placed by the confirmation of the same, and is subject to payment of the price, taxes and shipping and further payment fees indicated in the order summary.The Order Processing Receipt does not constitute acceptance of the order. The order shall be confirmed at the time the Order Confirmation is sent by the Owner to the email address provided by the User. The Owner reserves the right to invalidate an order by informing the User within 5 business days of placing the order, using the email address associated with their purchase, about the unavailability of one or more of the purchased products. In this case, the Owner will refund the price and the delivery costs incurred by the User.
Kynotex reserves the right not to accept incomplete or improperly filled orders. Kynotex also reserves the right (at its sole discretion) not to accept or process orders in the event of (I) unavailability of the Products; (II) unsuccessful payment made by the User (by way of example, in the event of failure to charge the Customer's credit card or, if payment is made by bank transfer, failure to confirm receipt of the transfer within 10 (ten) working days from the date of the order); (III) where there is a report of, or suspicion of, fraudulent or illegal activity, including suspicion that purchases are being made for commercial purposes or (IV) in case of non-fulfilment by the Customer of its obligations deriving from a previous contract concluded with Kynotex.
ORDER CHANGE AND CANCELLATION
After a product is delivered to the carrier, no order can be modified and/or cancelled by the User, who can still exercise the right of withdrawal once the product is received.
If the User's change refers to a different product from the one originally ordered, the prices of the new product will be the one indicated on our website at the time of the change. If the change only concerns the quantity, the price will remain unchanged.
Modification and cancellation of the order can be made by phone or email, as long as the product has not yet been delivered to the carrier.
METHODS OF PAYMENT
Kynotex uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way.
Any declined payment costs shall be borne by the User.
RETENTION OF TITLE
Until the complete payment of the price of the products ordered, the products remain the property of the Owner.
The Order is completed in accordance with the details specified on the order summary page and within the Order Confirmation email, subject to availability of the product ordered.
The Owner shall not be liable for damages suffered as a result of delays in delivery which are not dependent on circumstances foreseen by the parties at the time of the order confirmation.
AVAILABILITY OF PRODUCTS
Prices, descriptions or availability of the products on display are subject to change without notice. The photos posted are for representation purposes only and may not be an exact representation of the product.
The Owner will do its best to present the characteristics of the products with the greatest level of detail permitted by Kynotex in each tab corresponding to the product viewed by the User. However, images and colors of products offered for sale on Kynotex may differ from the real ones due to many factors, including, by way of example, User's device monitor, photographic filters, etc. Therefore, the User acknowledges and agrees that any such minor differences do not constitute a lack of conformity of products.
Kynotex constantly checks the accuracy of the prices indicated on the website. However, in the event of an error in displaying the price of a product, Kynotex will block the order and offer the User the opportunity to purchase the same product at the correct price or, alternatively, any other product with the same price already paid.
OFFERS AND DISCOUNTS
The Owner reserves the right, at its sole and unquestionable discretion, to offer discounts and / or offers for a limited period of time. The conditions of these discounts and / or offers will be specified each time on the corresponding information page of Kynotex. Each discount and / or offer will be valid for the fixed term or, where appropriate, while stocks last. If the discount and / or offer are for a limited time only, the time refers to the time zone of the Owner, as indicated by its location in this document.
Kynotex provides User the opportunity to offer coupon in order to purchase the products with particular discounts applied at the sole discretion of Kinotex.
Coupon can be used according to the following terms:
- Each coupon is valid for one person and can be used a single time in the manner and on the date specified in the instructions on the website and/or accompanying the coupon;
- The coupon must be redeemed exclusively within the period of time specified in the offer. After this period, the coupon will automatically expire, precluding any possibility for the User to claim rights in its regard;
- If the coupon is used for services other than those outlined in the initial offer, the User is not entitled to any credit/refund/compensation if there is a difference between the original value of the offer and the redeemed value.
If any illegal act is committed, the Owner can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Deliveries are made during normal business hours at the address indicated by the User and in the manner specified in the order summary.
Upon delivery, the User must verify the contents specifying any anomalies in the delivery form.
In case of failure to collect the products by the deadline set by the carrier, the products will be returned to the Owner, who will refund the purchase price but not the shipping cost. The Owner cannot be held responsible for errors in delivery due to inaccuracies or incompleteness in the completion of the purchase order by the User, for any damage occurring to products after delivery to the carrier company where arranged by the User or for delays in delivery attributable to it.
Right of withdrawal and guarantee
RIGHT OF WITHDRAWAL
In case of purchase of products or services via Kynotex the User has the right to terminate the contract without specifying the reason, within 14 days. The withdrawal period expires after 14 days from the day on which the User or a third party – other than the carrier and designated by the User – takes physical possession of the products. To exercise the right of withdrawal, the User is obliged to inform the Owner of their decision to cancel by sending an unequivocal statement to the designated contacts.
To this end, a template withdrawal form provided within the “definitions” section of this document is available to the User. Users are, however, free to express their wish to withdraw in any other equivalent way.
EFFECTS OF WITHDRAWAL
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, excluding those covering the cost of delivery. The reimbursement may be withheld until reception of the goods by the Owner.
The User shall send back the goods and return them to the Owner without undue delay and in any event not later than 14 days from the day on which the User communicated his/her intention to withdraw from the contract. The deadline is met if the User sends back the goods before the above 14 day period has expired. The costs of returning the goods shall be borne by the Owner, unless the User returns the goods via a courier of their choice that is not available on Kynotex. In such case the return costs will be charged to the User and the Owner would not be responsible in case of damages or loss of the goods.
The User is solely liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
Reimbursements will be made using the same means of payment as used by the User for the initial transaction, unless the User has expressly agreed otherwise; in any event the User shall not incur any additional costs as a result of such reimbursement.
LIMITATIONS ON THE RIGHT OF WITHDRAWAL
Products returned damaged, or used beyond what is necessary to establish their nature, characteristics and inherent functions, will not be refunded. The User is asked to return the goods attaching a copy of the delivery slip received.
The right of withdrawal is excluded in all cases relating to:
- Goods made to specifications or clearly personalized;
- Goods which are liable to deteriorate or expire rapidly;
- Sealed goods which are not suitable to be returned for reasons of hygiene or the protection of health, if such goods were unsealed after delivery. If one of the above exceptions is applicable to the goods purchased, the User may not exercise the right of withdrawal.
APPLICABILITY OF THE RIGHT OF WITHDRAWAL
The clauses referring to the exercise of the right of withdrawal and its consequences and exceptions, shall apply exclusively to those Users who qualify as consumers, i.e. Users who are acting for purposes which can be regarded as outside their trade (or entrepreneurial activity) or profession.
The User who buys as a consumer has the right to a guarantee of conformity for purchased products and services, within 24 months of the purchase, on condition that notice is given to the Owner of the defects found, within 2 months of their discovery.
To exercise the right of guarantee, the User is obliged to contact the Owner, using the contact information contained in this document, and provide an accurate description of the defect.
If the product does not conform to the description, the User has the right to a repair or replacement of the product.
The User also has a right to request a fair price reduction or the termination of the contract, in the following cases:
- If repair and replacement are impossible or prohibitively expensive;
- If the Owner has not taken steps to repair or replace the goods within a reasonable period, not less than 15 days;
- Whenever a previously carried out replacement or repair has caused significant inconvenience to the User.
The User is obliged to return the defective products.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
LIMITATIONS OF LIABILITY
Kynotex and all functions accessible through Kynotex are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals.
Kynotex and functions accessible through Kynotex are used by the Users at their own risk and under their own responsibility.
In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Kynotex. Therefore, the Owner shall not be liable for:
- any losses that are not a direct consequence of the breach of the Agreement by the Owner;
- any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);
- damages or losses resulting from interruptions or malfunctions of Kynotex due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and
- incorrect or unsuitable use of Kynotex by Users or third parties.
In order to guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Kynotex.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Kynotex and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Kynotex are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Kynotex are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.
Users declare to be adult according to their applicable legislation.
CHANGES TO THESE TERMS
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Kynotex.
Users who continue to use Kynotex after the publication of the changes accept the new Terms in their entirety.
ASSIGNMENT OF CONTRACT
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Kynotex must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
GOVERNING LAW AND JURISDICTION
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices.
An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.