Terms and Conditions of Sale
1. GENERAL INFORMATION
1.1 These general sales conditions apply to the sale of products with the “Inceptum” ® brand (hereinafter “the Product” or “Products”), offered in ecommerce on the website www.inceptumitaly.it (hereinafter the “Internet Site “).
1.2 Only physical people who are over the age required to make an agreement (eighteen in most countries) and the ones who have the legal capacity to make agreements and companies and other agencies can order Products on this site, provided they use a shipping address in the country or countries we ship to.
1.3 This Website is managed by Kairos Innovation srl (hereinafter also “Inceptumitaly”), with registered office in 25124 Brescia, via Cefalonia 55, Tax Code / Registration Number in the Brescia Business Register 04380110983, which will invoice the products purchased (company identified as “Professional” pursuant to and for the purposes of Article 49 of Legislative Decree 206/2005, hereinafter also the “Consumer Code”).
1.4 All orders placed through the sales channels are subject to availability and our acceptance of the order.
1.5 Inceptumitaly is not responsible for any photographic or spelling errors on the Website.
1.6 These general terms and conditions are governed by Italian law. The competent court will be the Italian court with territorial jurisdiction under Italian law.
2. HOW TO BUY
2.1 Buying on Inceptumitaly is simple. Browsing the Website you can view the Products for sale, their characteristics and their price.
2.3 To proceed with the purchase it is then necessary to select the “serial number” of the watch by clicking on “select the number of your watch”. Once the serial number has been selected, you can proceed with the pre-ordering procedure by clicking on the “Pre-order” button. At this point, a page will appear indicating the pre-ordered product, where you can also download these contract general conditions in pdf format. Then, to continue, you will have to click on “proceed with the order”. At that point, a page will appear and you will have to enter your contact details (name, surname, postal address, telephone and e-mail address) and choose the payment methods, entering the necessary data, if requested (we do not keep data relating to means of payment used) and you will have to tick the acceptance box of these general conditions. At that point you will be asked to pay a deposit, indicating the amount of this deposit in Euros. Once the deposit has been paid, you will need to click on “Place order” and the procedure will be complete. All the details of your order are summarized at the end of the procedure and, once the pre-order process is confirmed, it will no longer be possible to make changes. At the end of the procedure, you will automatically receive an e-mail confirming the pre-order procedure with the summary and the code of the order placed.
2.4 The order of a Product on the Website is to be considered as an offer to purchase that Product in accordance with these Sales Conditions . Only after our checks on the correct payment of the deposit you will receive an e-mail confirming the purchase, which will be proof of the existence of a contract between Kairos Innovation and you, concerning exclusively the products included in the same.
2.5 By completing the procedure referred to in points 2.3 and 2.4 above, you will be placed on the Inceptumitaly “waiting list”. Being an artisanal production, our products are carefully and detailedly treated and therefore it is in no case possible for the purchase to be completed within a few days. The waiting list may involve a waiting of up to 18 (eighteen) months before the Product delivery . The waiting times depend on the number of orders received and on the technical times required for the completion of the Product production .
2.6 The price of each Product is the one on the Website for the corresponding Product, except in the case of manifest error. The indicated price includes VAT at the rate currently in force. Any change in the applicable rate may affect the price of the Products. Prices are subject to change at any time. However, the applicable prices are the ones valid on the day and time when you validate the order . Standard shipping and delivery costs within the European Union are partly borne by Inceptumitaly for a lump sum, any difference being borne by the buyer. Shipping and delivery costs outside the European Union are entirely borne by the buyer and can be estimated, before proceeding with the pre-order, at your request.
2.7 The payment of the deposit can be made by bank transfer, PayPal or by the cards indicated on the website, accepted when completing the order. For the price payment, you will be contacted when we are ready to deliver the Product and on that occasion you will be given the necessary information to make the payment, which must be by bank transfer with expenses and commissions shared between the sender and the beneficiary as for the foreign bank transfers. Upon payment of the price, the deposit you previously paid will be charged as partial payment of the price.
2.8 For the delivery of the Inceptumitaly Product you will be notified in advance via an e-mail message. Delivery will be in specially designed packaging. The delivery address will correspond to the data you indicated when you pre-ordered the Product (no deliveries are made to PO boxes). In case of non-delivery, a notice of passage will be left and it will be up to you to collect the package in the places and within the terms specified therein. In the event of failure to collect the package, the Products will be returned to Inceptumitaly and it will be up to you to contact Inceptumitaly for a possible new shipment of the same at your expense. We deliver within the borders of the European Union, the United Kingdom, Switzerland and Norway. For purchases in territories other than the aforementioned, please contact us before proceeding with the pre-order. If we are unable to meet the delivery deadline specified in the shipping confirmation email for your order, without any default on your part, (such as in the case of entire non-payment ), we will contact you immediately in order to notify you of the new delivery date , without this being a breach on our part.
2.9 The transfer of risks takes place at the delivery time , without prejudice to art. 63 paragraph 2 of the Consumer Code. The risks, under this provision, are the ones related to the loss or damage of the Product caused by the use, alteration or conservation of the same.
3. WITHDRAWAL (Article 49, paragraph 4 of the Consumer Code)
3.1 You are obliged to notify us, immediately after delivery, of partial receipt of the ordered Products, or the receipt of defective or damaged Products. Any complaints and problems (delivery errors, misunderstandings, etc.) must be communicated to the following electronic address: email@example.com
3.2 We inform you that you have the right to withdraw from the sales contract, without indicating the reasons, within 14 days since you or a third party, other than the carrier and designated by you, acquired the physical possession of the goods. To meet the withdrawal deadline, it is sufficient to send the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period . We specify that in accordance with art. 59 of the Consumer Code, the right of withdrawal is excluded for the supply of sealed goods that cannot be returned for hygienic reasons or related to health protection and have been opened after delivery. To exercise the right of withdrawal, you are required to inform us of your decision to withdraw from the sales contract by writing to the following address firstname.lastname@example.org. It will be our responsibility to send you a confirmation of receipt of the withdrawal by e-mail without delay
3.3 Effects of withdrawal. If you exercise your right of withdrawal, you will be reimbursed for all payments you have made in our favor, possibly including standard delivery costs – if due, without undue delay and in any case no later than 14 days from the day we were informed of your decision to withdraw from the sales contract. These refunds will be made using the same payment method you used for the transaction, without any costs being charged as a consequence of the refund. The refund may be suspended until the returned goods are received.
3.4 The right of withdrawal is reserved exclusively to physical people (consumers); therefore it cannot be exercised by legal people, other agencies and physical people acting for purposes related to any professional activities.
3.5 Returning a purchased customized Product is not allowed.
4. WARRANTY AND MAINTENANCE
4.1 All the Products offered for sale on this Website have the legal guarantee provided for by the Consumer Code (articles 128 et seq.). The warranty covers any defects in the material the watch was built with. The guarantee is valid and is recognized only by showing the “Delivery Note” document, which must therefore be kept diligently. The general conditions concerning the guarantee appear on the guarantee certificate supplied with each watch. If the Product is flawed, Inceptumitaly will replace it partially or totally- subject to verification of the flaw.
4.2 We remind you that pursuant to art. 132 of the Consumer Code, the seller is responsible, pursuant to art. 130, when the lack of conformity occurs within two years from the delivery of the goods. The consumer loses the rights provided for by art. 130, paragraph 2, if he does not report the lack of conformity to the seller within two months from the date of the flaw discovery . The report is not necessary if the seller has recognized the existence of the flaw or has concealed it. Unless proved otherwise, it is assumed that the lack of conformity that occurs within six months of delivery of the goods already existed on that date, unless this hypothesis is incompatible with the nature of the goods or with the nature of the lack of conformity. The direct action to assert the defects not maliciously concealed by the seller is prescribed, in any case, within twenty-six months from the delivery of the goods. The consumer, who is agreed for the execution of the contract, can however always assert the rights referred to in art. 130, paragraph 2, provided that the lack of conformity has been reported within two months of the discovery and before the expiry of the term referred to in the previous period.
4.3 Inceptumitaly is not liable for any damages caused by your action, omission or error, by events of force majeure or by third parties not connected to Inceptumitaly for the purpose of executing the contract. Inceptumitaly presents and describes the products with the utmost care. However, the photos of the products are shown for illustrative purposes only. Please refer to the description of the single Product to know its specific characteristics.
4.4 Inceptumitaly cannot be held responsible for any direct or indirect damage generated by an interruption, a malfunction, of any nature and for any cause, or even for any direct or indirect consequential damage, in any way, to a connection to the Internet Site. It is up to each Internet user to take all the appropriate security measures to protect against any attack on personal data and / or software stored in the computer device. Anyone connecting to the Website falls under their sole responsibility.
4.5 Since the Products are handcrafted winding watches, we inform you that their maintenance is essential in the long term. We ask you to contact us to agree on the methods and costs.