Any complaint must be addressed in writing, by registered letter with return receipt to “Luxury Kids Srls (VAT number 09364681214) based in Pompei (Na) at via Lepanto n. 84 - by email: email@example.com or to the PEC: __________
If the Customer is a consumer, any civil and / or criminal dispute relating to the application, execution, interpretation and violation of the distance sales contract will be within the territorial jurisdiction of the reference forum in which the Customer has his residence or domicile, if located in the territory of the Italian State.
RIGHT OF WITHDRAWAL
9.1- Purchases made on the website www.luxurykidsshop.com are governed by the Italian law on distance selling pursuant to Legislative Decree 21/2014 of "implementation of the European Directive 2011/83 / EU on consumer rights" and subsequent amendments. Therefore pursuant to and for the purposes of art. 64 of d. Igs. n. 206/2005, the customer qualifying as a consumer can exercise the right of withdrawal, except for the cases referred to in art. 9.3 , by returning the goods received in their original packaging, without tampering with any guarantee seal or simple opening and / or deterioration of the same external packaging, and obtaining a refund of the price paid or, upon request, the issuance of an equivalent credit (Gift Card) spendable on www.luxurykidsshop.com .
9.2- The consumer who for any reason is not satisfied with the purchase made, has the right to withdraw from the stipulated contract, without any penalty and without specifying the reason, within 14 days from the day of receipt of the purchased good. To exercise the right of withdrawal, the consumer who has made a purchase must:
- communicate by email ( firstname.lastname@example.org ) or Pec ( email@example.com ) the desire to withdraw from the purchase within 14 days from the date of receipt of the goods. The consumer can use any explicit declaration of his decision to withdraw from the contract or, optionally, can use the following form / standard text " the undersigned _____________, with this notification the withdrawal from the contract concluded on your electronic store - order no .___________ - dated _________ and received on ___________ in (city) at street _____________ n. ___ ".
- Once the communication has been sent, the customer must make the shipment promptly and in any case within 14 days from the day on which he communicated his intention to withdraw from the sale contract, taking care to carefully pack the goods, where possible by inserting them in an external box. avoiding damaging the original packaging with adhesive tapes, labels etc. The product must be returned intact in the original packaging complete with all its parts and accessories, including any guarantees and instructions.
- The shipping costs and the responsibility of the goods during the same, as required by law, are charged to the customer: it is therefore advisable to insure the products during shipment to the chosen courier. In the event of transport damage occurring during the return, Luxury Kids will notify the Customer within five working days of receipt of the goods, allowing him to file a complaint with the courier used for the transport. The damaged goods will be made available for return at the expense of the customer and the request for withdrawal will be canceled at the same time.
- After receipt of the goods in the warehouse, Luxury Kids will check their integrity. In the event of any damage that does not in any case compromise the use of the product or tampering with the original packaging (not due to transport) or lack of the packaging itself, Luxury Kids will retain a percentage equal to a maximum of 10% of the value of the well, attributable to restoration costs.
- Without prejudice to any repair costs for ascertained damage, Luxury Kids will refund the full amount of the purchased goods within 14 days or, upon request, issue a Gift Card of an equivalent amount that can be spent on www.luxurykidsshop.com . The refunded amount does not include shipping costs as the transport costs incurred for the delivery of the product to the customer and for the eventual return to Luxury Kids are non-refundable.
- Refunds are credited directly to the account or payment instrument used at the time of purchase. For payments made by bank transfer, the refund will be made to the account used for the payment. For payments made via Paypal, Postepay or credit card, the refund will be made to the Paypal account or credit card. For payments made by cash on delivery, the refund will be made, alternatively, to the current account that the customer will indicate to Luxury Kids or by crediting the customer's account.If a gift voucher was used for the order, Luxury Kids will re-credit the relative amount on the customer's account.
- The fraudulent and / or continued abuse of the right of withdrawal, in addition to leading to the categorical refusal to accept further orders from this customer, will be prosecuted according to the law by Luxury Kids subject to compensation for damages suffered and suffered including non-pecuniary ones. . Luxury Kids will also file a complaint with the competent public prosecutor.
9.3 - The right of withdrawal is expressly excluded , pursuant to and for the purposes of articles 52, 57 and 59 paragraph 1 letter. c) and e) of d. lgs. n. 206 of 2005, in cases where:
- the request for withdrawal occurs after 14 days from the date of delivery of the goods to the customer;
- the customer fails to return the goods - by post or courier - within 14 days following his communication of wanting to withdraw. The deadline is met if the consumer sends back the goods before the expiry of the fourteen-day period. In the case of returning the goods to Luxury Kids more than 14 days following the communication of the Luxury Kids wish to withdraw will be available for the return of the same at the expense of the customer and the request for withdrawal will be simultaneously canceled due to forfeiture of the terms;
- these are sealed products that are not suitable for return for hygienic reasons or related to health protection and that have been opened after delivery, such as, but not limited to: pacifiers and underwear;
- whether they are damaged or incomplete products or missing parts, accessories, labels, original packaging and components included therein;
- whether it is products that have been used, worn or soiled by the customer. The consumer must return the products without obvious signs of use, if not those compatible with the carrying out of a normal test of the article (they must not bear any trace of prolonged use or in any case exceeding the time necessary for a test and must not be in state such as not to allow resale).
- there is a repeated and fraudulent abuse of this right subject to any civil and criminal action against the agent.
the consumer, therefore, acknowledges and expressly accepts that in the cases highlighted above and in any further case provided for by the law and the consumer code, he will not be able to exercise the right of withdrawal pursuant to and for the purposes of articles 52, 57 and 59 paragraph 1 letter. c) and e) of d. lgs. n. 206 of 2005.
ONLINE DISPUTE RESOLUTION FOR CONSUMERS
13.1 - The consumer resident in Europe must be aware of the fact that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial way any dispute relating to and / or deriving from contracts for the sale of goods and services stipulated online. Consequently, if you are a European consumer, you can use this platform for the resolution of any dispute arising from the online contract entered into with Luxury Kids ( www.luxurykidsshop.com ).
13.2 The platform is available at the following link ( http://ec.europa.eu/consumers/odr/ ).
Luxury Kids is available to answer any question sent via email or Pec to the addresses indicated below:
JURISDICTION AND COMPETENT COURT
14.1 - Any dispute relating to the application, execution, interpretation and violation of the purchase contracts stipulated "online" through the website www.luxurykidsshop.com is subject to Italian jurisdiction; these general conditions report, for what is not foreseen, to the provisions of d. Igs. n. 206/2005.
14.2. For any dispute between the parties regarding this contract, the Court in whose district the consumer has his domicile will be competent, in accordance with current legislation; for all other customers (foreigners or non-consumers) it is agreed that any dispute, even in derogation of the rules relating to territorial jurisdiction, will be the exclusive competence of the Court of Naples.
Luxury Kids Srls
Registered office via Lepanto n. 84
- 80045- Pompeii (Na)
VAT number: 09364681214
REA: NA - 1026868
Tel: +39 081 874 3829