Art. 1 - DEFINITIONS

1.1 - These general conditions, available in favor of the consumer for reproduction and conservation pursuant to art. 12 d. 70/2003, have as their object the purchase of products carried out remotely by means of a telematic network through the website www.luxurykidsshop.com belonging to Luxury Kids Srls (VAT number 09364681214) based in Pompeii (Na) at via Lepanto n. 84. 

1.2 - By "online" sales contract we mean the distance contract, that is the legal transaction having as object movable goods and / or services stipulated between a supplier www. luxurykidsshop.com (from now on Luxury Kids for convenience) and a final consumer (customer) in the context of a remote sales system organized by "Il Sogno di Esposito Assunta" which, for this contract, exclusively uses the technology of remote communication called internet.

1.3 - By consumer we mean the natural person who purchases goods and services for purposes that cannot be referred, either directly or medically, to the professional activity carried out.

1.4- By professional user we mean the natural or legal person who purchases goods and services for purposes directly or medically referable to any professional activity carried out.

Art. 2 - ACCEPTANCE OF THE TERMS OF SALE

2.1 - These general conditions are valid from 17.01.2020 and may be updated, integrated or modified, obviously having effect for the future, at any time by www.luxurykidsshop.com which will communicate them through the pages of the website .

2.2 - The conditions set out in the introduction are an integral and essential part of this contract. All contracts will be concluded directly through access by the consumer customer to the website corresponding to the address www.luxurykidsshop.com , where they can, in fact, conclude the contract for the purchase of the desired good and / or product by carefully following the indications and procedures envisaged. By placing an order, the Customer declares to be a consumer in accordance with the provisions of Article 3 of the Consumer Code; to be of age; that the data provided for the execution of the contract are correct and truthful; that I have read and fully accept the privacy and cookie policy, the shipping methods and times as well as these conditions of sale.

2.3 - These general conditions of sale must be examined "online" before completing the purchase procedure . The forwarding of the order confirmation therefore implies full knowledge of the same and their full acceptance.

2.4 - The customer, by electronically sending the confirmation of his purchase order, unconditionally accepts and undertakes to observe, in his relations with Luxury Kids, the general and payment conditions illustrated below, declaring that he has read and accepting all indications from  provided pursuant to the aforementioned rules, also acknowledging that Luxury Kids does not consider itself bound to different conditions unless previously agreed in writing.

2.5 - The sales operations are regulated for the consumer by the provisions of d. Igs. nn 70/2003 (decree implementing the European Directive on Electronic Commerce) and d. Igs. n. 206/2005 (Consumer Code), while the protection of confidentiality is subject to the discipline of Legislative Decree 30 June 2003, n. 196, as well as innovated and integrated by the EU Reg n. 679/2016 and subsequent amendments and additions.

Art. 3 - SALE PRICES AND PURCHASE METHODS

3.1 - All sales prices of the products displayed in the e-commerce are inclusive of VAT. These prices may change at any time without Luxury Kids being required to give any notice. in any case, once the order of the product has been placed, the same will not undergo any price change. 

3.2 - The products, prices and conditions of sale on the website www.luxurykidsshop.com - within the limits of their availability - constitute an offer to the public for the consumer and, therefore, require, for the conclusion of the contract, the acceptance of the same consumer, manifested through the exact compilation of all the sections and the online adhesion, following the instructions on the screen and, lastly, selecting and, therefore, accepting the boxes with the words ACCEPTANCE OF SALES CONDITIONS and PRIVACY LAW.

3.3 -  Transport costs are calculated at the time of placing the order and are indicated in the expense summary as well as any other collection costs. After the completion of the order, the order confirmation will be sent to the Customer by e-mail, showing the data of the holder, the addresses for delivery, any notes, prices and purchase costs. The the customer is required to verify its correctness and to promptly communicate any changes expressly relieving Luxury Kids from any liability even towards third parties for damages deriving from such errors. 

3.4 - All customers can pay for the goods ordered using the payment methods indicated "online" at the time of purchase. Luxury Kids offers the following payment systems:

PayPal : PayPal, the trusted leader in online payments, allows buyers and businesses to send and receive payments online. PayPal boasts over 100 million accounts in 190 countries and territories. It is accepted by traders all over the world. PayPal helps protect your credit card information with the security of industry leaders and fraud prevention systems. When you use PayPal, your financial information is never shared with the merchant.

Credit and debit card (eg Visa - Master Card - Postepay): credit card orders issued only by the cardholder will be accepted. Delivery is foreseen only to the address of the owner. Payment security is guaranteed by the "Stripe" international gateway and the transaction takes place on its "secure server". This payment method allows the user to provide their sensitive data directly to the Gateway and not to the virtual shop or service provider that manages it. Furthermore, thanks to our SSL (Secure Socket Layer) certificate your sensitive data are safe. All payment data are protected because they are encrypted with 256bit technology.

Postepay recharge : to take advantage of this payment method, the customer must send a request by e-mail to info@luxurykidsshop.com or contact the number 081 8743829 . Top-up can be done in all post offices or in tobacconists with Lottomatica service.

Bank transfer : when this payment method is selected, the IBAN where to make the payment will appear in the cart. In case of difficulty in identifying it, you can send a request by e-mail to info@luxurykidsshop.com or contact the telephone number 081 8743829 .

Payments made by bank transfer will be finalized only when the total price is actually credited to the current account in the name of Grass Fed Italia Srls.

However, to speed up the order fulfillment and shipping operations, it is possible to advance a copy of the bank accountant by e-mail to info@luxurykidsshop.com 

The transfer must be made within 3 working days of placing the order. After this period, the order may be canceled by Luxury Kinds on its own ed  unquestionable judgment.

 

Cash on delivery (so-called cash on delivery) : By choosing this type of payment it is possible to ship the goods anywhere, even to addresses other than that of the person who placed the order. This type of payment has an additional cost of 10 euros including VAT . This cost is therefore to be added to the cost of products and shipments. Payment must be made directly to the courier, only in cash and for the exact amount of the order: the courier does not return the rest and does not accept checks. When ordering, it is also necessary to indicate a telephone number of the recipient of the goods.  The customer who chooses this payment method declares to always act with lawfulness and good faith. If you wish to exercise your right of withdrawal, you are required to make a written communication within the times and in the manner provided for in art. 9 of these conditions of sale both to the Courier and to Luxury Kids. The fraudulent abuse of this payment method, 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.

Virtual Gift Card : The virtual "Gift Card", available in the fixed amounts provided on the Site, can be used several times by the Customer or by a third party to purchase any product on the Site, with the exception of additional Gift Cards, until the its value. The Gift Card is not nominative and cannot be reloaded. The Customer may purchase one or more Gift Cards for himself or give it to a third party. The amount paid for the purchase of the Gift Card will be transferred to Luxury Kids as a non-interest-bearing deposit and cannot be converted into cash, nor can it be credited to the customer's credit card or bank account. Multiple Gift Cards can be used for the same order of products on the Site.

In order to purchase products using a Gift Card, it is necessary to enter the Gift Card code in the appropriate field on the shopping cart page. In the event that the total amount of the order is greater than the credit available in the Gift Card, the remaining amount must be paid by the Customer or by the third party with one of the payment methods available on the Site, in order to complete the order. Luxury Kids reserves the right to cancel a purchase order paid (totally or partially) by Gift Card in total or partial way in case of unavailability of the products. Prénatal SpA will carry out: Full refund in case of total cancellation of the order. The amount paid by gift card will be re-credited to the same gift card used; any remaining sum paid with another means of payment will be returned through the same means of payment selected by the Customer at the time of order confirmation. Partial refund in case of unavailability of some purchased products. The amount paid by gift card will be reimbursed by means of a discount voucher or re-credit on the gift card and on other means of payment if used by the Customer; the selection of the refund method will be made in proportion to the amount to be refunded.The Customer is expressly warned and declares to be aware that knowledge of the Gift Card code allows it to be used by anyone through the Site: this code must, therefore, be diligently kept and guarded by the Customer or by any third party to whom it has been communicated. With reference to the use of the Gift Card, it is understood that between the Customer or the third party to whom the Gift Card was given and Luxury Kids  the information resulting from the records, including computerized ones, of the Luxury Kids sales system will prevail.

3.5 - The buyer expressly attributes to Luxury Kids the right to accept even partially the order placed, allowing the direct shipment of the goods within the limits determined by the seller. In this case, the contract will be considered completed in relation to the goods actually sold. Unless otherwise agreed, the excess amount will be refunded to the buyer within 14 working days from the shipment of the products.

Art. 4 - METHOD OF DELIVERY

4.1 - Luxury Kids will deliver to customers, at the address indicated by them, the selected and ordered products, in the manner provided for in the previous article, through their trusted couriers, usually within 24/48 hours of payment of the 'order.

4.2 - In the event that the payment is made by credit card, the delivery must necessarily take place at the domicile of the cardholder, as declared to the issuer.

4.3 - The purchased goods will be delivered in any case within the terms provided for by d. Igs. n. 206/2005. No responsibility can be attributed to the supplier for delayed or non-delivery due to force majeure or unforeseeable circumstances.

4.4 - The customer is required to verify, upon receipt, the conformity of the product delivered to him with the order placed; only after this verification, and obviously except for the right of withdrawal provided for in point n. 9 of these conditions of sale, the customer must sign the delivery documents. The signature of the delivery documents implies the unconditional acceptance of the goods by the customer.

4.5 - Luxury Kids is not responsible for damage or delays in delivery caused by the carrier to the products purchased, remaining totally unrelated to the relationship between the carrier and the customer.

4.6 - The customer may in any case that the shipment takes place with another carrier of his choice, obviously it being understood that in this case the transport will take place at different times and at his own risk, care and expense and that the payment cannot be made in cash on delivery, but only by advance payment.

Art. 5. AVAILABILITY OF PRODUCTS

5.1- The customer can purchase the products under the conditions indicated in the electronic catalog prepared by Luxury Kids and in the quantities existing in stock or available from Luxury Kids suppliers.

5.2- Luxury Kids does not guarantee the continuous availability of the products under the conditions offered, remaining committed, in case of unavailability and payment of the goods, to promptly inform the customer and to reimburse the price without additional charges, within 30 days.

5.3-In any case, Luxury Kids will have the right to confirm and / or modify the price indicated and in this case the consumer will be able to withdraw before delivery if the final price is excessively high compared to the one originally agreed.

Art. 6-LIABILITY

6.1-  Luxury Kids assumes no responsibility for inefficiencies attributable to force majeure such as accidents, explosions, fires, strikes and / or lockouts, earthquakes, floods and other similar events that prevented, in whole or in part, from executing within the agreed time. to the contract.

6.2- Luxury Kids will not be liable to any party or third party for damages, losses and costs incurred as a result of the failure to execute the contract for the reasons mentioned above, as the consumer is only entitled to a refund of the price paid.

6.3 - Luxury Kids is not responsible for any fraudulent or illegal use that may be made by third parties, credit cards, checks and other means of payment, upon payment of the purchased products. In fact, at no time during the purchase procedure, Luxury Kids is able to know the buyer's credit card number which, by opening a secure connection, is transmitted directly to the banking service manager.

Art. 7 - GUARANTEES AND ASSISTANCE METHODS

7.1 - Luxury Kids markets high quality products. The producers of these goods offer a guarantee whose minimum duration depends on the type of product purchased. The guarantee starts from the day the goods are purchased. This service is provided directly by the manufacturers of the goods, which are directly and exclusively responsible for the times and methods of intervention.

7.2 -  In case of lack of conformity, the provisions for distance selling from  consumer code.

Art. 8 - OBLIGATIONS OF THE CUSTOMER

8.1- The consumer undertakes and undertakes, once the "online" purchase procedure is completed, to pay and print and keep these general conditions, which, moreover, he will have already viewed and accepted as a step obliged to purchase, as well as the specifications of the product being purchased, and this in order to fully satisfy the conditions set out in Legislative Decree no. 206/2005 (Consumer Code).

8.2 - These general conditions can be updated or modified at any time by Luxury Kids, which will communicate it through its website. The consumer undertakes and undertakes, whenever there is a modification of these general conditions, to provide for their printing and storage, being well aware that those in force at the time of the purchase will apply.

8.3 - It is strictly forbidden for the buyer to enter false and / or invented and / or fictional data in the registration procedure necessary to activate the procedure for the execution of this contract and the related further communications. ; the personal data and the e-mail address must be exclusively their real personal data and not those of third parties, or of fantasy. It is expressly forbidden to make double registrations corresponding to a single person or to enter data of third parties. Luxury Kids reserves the right to legally pursue any violation, fraudulent action and abuse perpetrated against it and / or to the detriment of other consumers.

8.4 - The customer undertakes and undertakes to provide correct shipping data (address, recipient, etc.) and to check the correctness of the same before the order and to verify them later by viewing the order summary email. 

8.5 - The Customer indemnifies Luxury Kids from any liability deriving from the issue of incorrect tax documents or shipments to incorrect addresses due to errors relating to the data provided by the Customer, since the Customer himself is solely responsible for the correct insertion.

8.6 - The Customer undertakes, before the conclusion of the online purchase procedure, to request the issuance of the invoice, indicating the tax data as required by art. 22, paragraph 1, n. 1) of Presidential Decree no. 633/1972 which states: The issuance of the invoice is not mandatory, if it is not requested by the customer no later than the time of carrying out the operation.

8.7 - The customer undertakes in any case to always act in good faith, legally and in compliance with mandatory rules and morality.

8.8- The Customer declares to be aware of having no right to assign or transfer to any third party, in whole or in part, the contract you have entered into with Luxury Kids or the rights and / or faculties due to you under these conditions of sale.

Art. 9 - 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:

1. communicate by email ( info@luxurykidsshop.com ) or Pec ( luxurykids@pec.it ) 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. ___ ". 
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 / debit 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 Card has been used for the order, Luxury Kids will re-credit the relative sum on the customer's account or will issue a new Gift Card of the same amount.
7. 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 request for withdrawal is made by a person other than the consumer who made the purchase or by a customer who cannot be qualified as a consumer by the consumer code;
• 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;
• the product on which you want to exercise the right of withdrawal is a Gift Card partially or fully used for product purchases on the Luxury Kids website or, if the Gift Card has not been used and the request is made within 14 days of receipt of the code on the email from the customer, to request the application of this right is a third party other than the original purchaser; 
• 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.

Art. 10-AUTHORIZATIONS

10.1 - By filling in the appropriate space on the website, the Customer authorizes Luxury Kids to use their credit card, or other card issued to replace it, and to debit their current account in favor of Luxury Kids the amount total shown as the cost of the purchase made "on line". The whole procedure is done through a secure connection directly connected to the bank owner and manager of the "on line" payment service, to which Luxury Kids cannot access.

10.2 - If the consumer makes use of the right of withdrawal, as articulated in point 9 of these general conditions, or in any case in which the payment does not result in the completion of the sale, the amount to be refunded will be credited to the same card of credit.

Art. 11 - CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE

11.1 - Luxury Kids has the right to terminate the stipulated contract by simply communicating it to the customer indicating the reason; in this case, the customer will only be entitled to a refund of any sum already paid.

11.2 - The obligations assumed by the customer pursuant to art. 8. (Obligations of the purchaser), as well as the guarantee of the successful completion of the payment, are essential, so that by express agreement, the non-fulfillment, by the Customer, of only one of these obligations will result in the legal termination of the contract pursuant to art. 1456 cc, without the need for a judicial decision, without prejudice to the right for Luxury Kids to take legal action for compensation for further damage.

Art. 12 - PRIVACY

12.1. - Personal data is collected for the purpose of registering the customer and activating the procedures for the execution of this contract and the related necessary communications towards him; these data are processed electronically in compliance with the laws in force and may be exhibited only at the request of the judicial authority or other authorities authorized for this purpose by law.

12.2 - Personal data will be communicated to subjects delegated to carry out the activities necessary for the execution of the stipulated contract and disseminated exclusively for this purpose (eg shipping address and telephone number to the courier).

12.3 - Pursuant to art. 7 of Legislative Decree 196/2003 and of the articles 15/22 GDPR, the Customer has the right, where the conditions are met, to: request confirmation of the existence or not of their personal data; obtain information on the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom the personal data have been or will be communicated and, when possible, the retention period; obtain the correction and deletion of data; obtain the limitation of the processing; obtain data portability in a commonly used structured format; oppose the processing at any time for any purpose; oppose an automated decision-making process relating to individuals, including profiling. request access to personal data, rectification or cancellation, limitation or opposition to processing, as well as exercising the right to data portability; revoke the consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation; lodge a complaint with a supervisory authority. The rights can be exercised with a written request at the headquarters of Luxury Kids. The data controller and data protection officer is Luxury Kids Srls, which can be contacted at the e-mail address: info@luxurykidsshop.com .

12.4 - The rights deriving from the privacy legislation and the disclosure obligations arising from it by Luxury Kids are examined "online", before completing the purchase procedure. The forwarding of the order confirmation therefore implies full knowledge of the same.  For further information regarding the use of data and the privacy rules applied, please refer to the privacy policy of this site. 

12.5 - Luxury Kids informs customers that there is a particular risk of breach of network security, a risk that can also arise, due to the particular nature of the medium used, outside the scope of application of the minimum security measures that it is itself required to adopt in accordance with current legislation.

Art. 13 - ONLINE RESOLUTION OF DISPUTES 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:

Email: info@luxurykidsshop.com
Pec: luxurykids@pec.it 

Art. 14 - 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.

SCALAPAY

If you buy with Scalapay you will receive your order immediately and pay in 3 installments. You acknowledge that the installments will be transferred to Incremento SPV Srl, to related parties and their assignees, and that you authorize this transfer.

________________________
Luxury Kids Srls   

Registered office via Lepanto n. 84 

- 80045- Pompeii (Na)
VAT number: 09364681214

REA: NA - 1026868
Email: info@luxurykidsshop.com

Pec:  luxurykids@pec.it 

Tel: +39 081 874 3829