General terms and conditions of sale
1.1 The object of these General Conditions of Sale is the sale of products made online through the eCommerce service of the site www.klyaksa.us.
1.2 The products on the site can only be purchased and delivered in the countries listed on the Order Form. Any orders for shipment outside of these countries will be automatically rejected during the order processing procedure.
2.1 The products are sold directly by Klyaksa US LLC with a registered legal office in 530 West St, Braintree, MA 02184. United States Business Registry no. EIN 86-2039411 (hereinafter Klyaksa US or the Seller).
For any information, you can contact the eCommerce Department:
- by e-mail at the following address: email@example.com
- by mail at the following address:
Klyaksa US LLC
530 West St, Braintree, MA 02184
2.2 These General Conditions of Sale discipline the entry, sending and acceptance of purchase orders for products on www.klyaksa.us and do not, instead, discipline the supply of services or the sale of products by subjects other than the Vendor that are present on www.klyaksa.us through links, banners or other hypertext connections. Before entering orders and purchasing products and services from subjects other than the Vendor, we suggest that you check their conditions of sale because the Vendor is not responsible for the supply of services by third-party subjects other than the Vendor.
2.3 The products are sold to the Customer identified by the data entered at the time the electronic order form was filled out with the simultaneous acceptance of these General Conditions of Sale.
2.4 The offers of products on the site www.klyaksa.us are intended for adult customers. If you are below age 18, you must have the permission of one of your parents, or a legal guardian, before you can purchase on the site www.klyaksa.us. Remember: this is always the case, not only for our site but for all the sites that you visit on the Internet: always ask for your parents’ help if you see, or are asked for, information you do not understand when surfing the Internet. By placing an order on this web site, you are guaranteeing us that you are an adult (18 years old) and have the legal ability to enter into a binding contract.
2.5 The Customer is forbidden to enter false, invented or imaginary names during the online order procedure and additional communications. The Vendor reserves the right to prosecute any violation or abuse, in the interests and protection of all consumers.
2.6 Moreover, by accepting these Conditions of Sale, you release the Vendor from any liability deriving from the issuing of incorrect tax documents due to errors in the data you provided at the time of the entry of the online order, since, as the customer, you are the only one responsible for their correct entry.
3. Sales through the eCommerce service
3.1 “Online sales contract” means the remote contract for the sale of chattel goods (hereinafter the Products) signed entered into between you, as the Customer, and Klyaksa US, as the Vendor, in the context of an eCommerce service organized by the Vendor, which uses the remote communications technology known as the Internet.
3.2 To conclude a contract for the purchase of one or more Products, you must fill out the electronic order form (hereinafter, the Order) and send it to the Vendor over the Internet by following the relative instructions. Before transmitting the Order, Customers, who have registered on the website, shall have the option to access their My Account section where they can modify and correct the list or products contained in their basket. The products saved in the basket shall remain in said area for at least 3 days, following which, if the Order is not placed, it shall be cancelled automatically. Once placed, the Order may still be consulted (but not modified) by Customers, who have registered on the website, in the My Account section for at least 6 months following the transmission of the Order. If the Customer has not registered on the website and has chosen to make their purchase as a “guest”, that is to say without inputting their data, then the Order shall not be saved and, thus, may not be consulted.
3.3 The Order contains:
- a reference to these General Conditions of Sale;
- information and pictures for each Product and its price;
- the means of payment that you can use;
- the delivery methods for the Products purchased and the relative shipping and delivery costs;
- a reference to the conditions for exercising you right of withdrawal;
- the methods and times for returning the Products purchased.
3.4 Despite Klyaksa’s adoption of measures to ensure that the photographs on the site are faithful reproductions of the original products, including the use of every possible technical solution to reduce inaccuracies to a minimum, there may always be differences due to the technical characteristics and resolution of colors on the computer you are using. Consequently, the Vendor will not be liable for any shortcomings of the product pictures on the site due to the above technical reasons, since these pictures are only for purposes of illustration.
3.6 The contract is concluded when the Vendor receives your Order Form over the Internet and checks the correctness of the data on your order.
3.7 The language available for concluding the contract with the Vendor is English and the contract is governed by the USA law.
3.8 After the conclusion of the contract, the Vendor will be responsible for filling your order.
3.9 PURCHASE OF CUSTOMISED PRODUCTS: The Client may customise the item selected by having a word, letters (Text), symbols or numbers of their choosing added onto it.
However, clients may not request the addition of offensive, pornographic, defamatory or blasphemous Text or Text containing threatening messages or incitements to violence, Text that infringes upon the rights of third parties, in particular intellectual property rights, or Text that reproduces third party registered trademarks.
Furthermore, Text consisting of or including the name or nickname of a famous/well-known/popular person may not be added.
The Vendor reserves the right to refuse any name, word or phrase that falls under any of the above categories or that otherwise contains a message deemed inappropriate by the Vendor, for any reason and without needing to provide any explanation to the Client.
Should the Vendor refuse the Text requested by the Client, then the order shall be cancelled.
By placing an order for Customised Products, the Client agrees to:
- Confirm and guarantee that no name, word or phrase requested for addition to the Customised Product falls under any of the prohibited categories;
- To indemnify and hold harmless the Vendor and the companies belonging to the Klyaksa US for any cost, expense, damage, loss or liability that the Vendor or the companies belonging to the Klyaksa US may suffer as a result of the Client's use of any name, word or phrase on the Customised Product.
- To grant the Vendor and the companies belonging to the Klyaksa US the worldwide, non-exclusive, irrevocable, royalty-free right, which is fully sub-licensable to third parties, to use, reproduce and disclose names, words or phrases sent by the Client for the purpose of customising and completing his/her order.
Lastly, please note that even though the Vendor reserves the right to refuse the user's customisation or design, the Client shall be solely liable for his/her customisation and the Vendor shall not assume any obligation to verify or refuse the aforementioned customisation.
4. Order Fulfillment
4.1 By sending the Order over the Internet, you unconditionally accept, and undertake to observe, these General Conditions of Sale in your relations with the Vendor.
4.2 After the contract is concluded, the Vendor will send you an Order Confirmation, by e-mail, containing a summary of the information already contained in the Order described in paragraphs 3.3, 3.4 and 3.5.
4.3 It is possible that, before sending the Order Confirmation, the Vendor will contact you at the e-mail address or telephone number you indicated to request additional information about the Order you sent over the Internet.
4.4 The Vendor may refuse to fill your purchase orders that do not provide a sufficient guarantee of solvency, are incomplete or incorrect or if the Products are not available. In these cases, we will inform you by e-mail that the contract is not concluded and that the Vendor has not filled your Order, specifying the reasons. In this case, the sum authorized on the Customer’s means of payment will be released. Moreover, despite our best efforts, it could sometimes happen that the prices for the products on our site are wrongly indicated. In any case, we will check the right price of our products whilst going through your order prior to dispatch. Should the price indicated on the site be lower than the actual sales price as a result of oversights or other errors, we will get in touch with you to check whether you still want to make the purchase at the right price. If you decline, we will not be able to proceed with your order. Should the right price of an item be lower than that shown on the site, we will only charge you the right lower price and we will send you the product.
4.5 If the Products shown on the web site are no longer available or for sale after the sending of the Order, the Vendor will notify you of the unavailability of the Products ordered in a timely manner and, in any case, within thirty (30) working days after the date on which you sent your Order to the Vendor. In this case, the sum authorized on the Customer’s means of payment will be released.
4.6 Each sale made by the Vendor through the online sales service can regard one or more Products. Nevertheless, all orders made on the site must be in keeping with ordinary consumption requirements. This applies to a number of products purchased in a single order, but also to many different orders for the same product, even if each single order contains an amount of products in keeping with ordinary consumption requirements.
4.7 Klyaksa US reserves the right to refuse orders from a customer that is suing relative to a previous order or with whom it has a dispute. This applies equally to all cases in which Klyaksa US considers the client to be unsuitable, including by way of example, the case of previous violations of the contract conditions for online purchases from the site or for any other legitimate reasons, especially if the customer was involved in any kind of fraudulent activity.
5. Sale Prices
5.1 Except where indicated otherwise in writing, all Product prices and shipping and delivery expenses indicated on the web site and in the Order include VAT and are expressed in US Dollars. The validity of the prices shown is always and only that indicated on the web site at the time the Order is sent over the Internet. Product prices and shipping and delivery expenses can be changed without any obligation to give advance notice. So, check the final sale price before sending the relative Order.
5.2 All Products are shipped directly from the USA. Where not specified otherwise, Product prices and shipping and delivery costs shown on the web site and on the Order do not include any customs duties or taxes if shipping to countries outside the USA or to countries in which current law requires importation fees.
5.3 Therefore, the Customer is responsible for these costs and they must be paid at the time the Products are delivered, according to the specific instructions in the Order Confirmation.
6. Method of payment
To pay the price of the Products and the relative shipping and delivery expenses, you can use one of the methods indicated on the Order Form of the site www.klyaksa.us and which are summarized below.
6.1 Credit cards and prepaid cards
6.1.1 For orders on our site, we accept payments by credit cards and prepaid cards (such as, for example, PostePay) without adding any fees to the Product and shipping costs. You must be the holder of a credit card that is valid at the time of the order for the Products purchased online and the name shown on the card must be the same as that indicated on the invoice. If these requirements are not met, it will not be possible to proceed with the order.
6.1.2 At the time of the online purchase, simultaneously with the Order Confirmation, the bank of reference will deduct the amount of the order from the available credit on your credit card. The amount will only be debited to your credit card at the time the Products purchased are shipped.
6.1.3 If, after paying for the products purchased online and receiving the package with your order, you wish to exercise your Right of Withdrawal, for any reason, the Vendor will instruct the bank to credit the amount to be reimbursed directly to your credit card.
6.2.1 If you have a Paypal account, Klyaksa US provides the option of paying directly using the e-mail account and password you used when you registered with www.paypal.com.
6.3 At no time during the purchase procedure will Klyaksa US have access to your credit card information (such as the number of the credit card or its expiration date), which is sent using directly to the subject that manages the electronic payment (bank or Paypal) over a connection protected by an encryption protocol. This data is not kept by the Vendor in any computer archive.
6.4 So, the Vendor cannot, in any case, be considered liable for any fraudulent or undue use of credit and prepaid cards by third parties.
7. Shipping and delivery of the products
7.1 Each shipment contains:
- the products(s) ordered;
- the relative accompanying shipping document/invoice;
- any accompanying documentation required by the country to which it is being shipped;
- any informational and marketing materials.
7.2 The Products purchased on the web site from the Vendor can be delivered in various ways.
7.3 Delivery to the Customer’s home
7.3.1 The products purchased will be delivered by the courier identified by the Vendor to the shipping address indicated by the Customer on the order with insured shipping.
7.3.2 When the merchandise is received at your home, please check the integrity of the packages at the time of the delivery by the courier. In the case of problems, point them out to the courier, make sure they are noted exactly and reject the delivery. Otherwise, you may lose your rights in this regard.
8. LEGAL GUARANTEE FOR NONCONFORMING PRODUCTS
The Products must be checked by the Customer at the time of delivery in order to ensure that they correspond to the items ordered and that they do not present any defect or lack of conformity. Upon the sale of the Products, the legal guarantees apply, as provided for by current legislation (article 129 and according to the Consumer Code regarding the legal guarantee for the conformity of goods). All products sold by the Seller are covered by the legal guarantee should there be any lack of conformity within two (2) years from the delivery of the item: this signifies that the Seller is liable for any lack of conformity that presents within this time period. Any product defect must be communicated to the Seller within two (2) months of its discovery (unless it is contrary to mandatory regulations applicable in the Customer's habitual country of residence) by contacting Customer Services or the addresses provided in the following article 10 and filling in the Online Return Form located in the Order Status. In the event that the Customer does not communicate this defect within this time period, the aforementioned rights become null and void.
In the event of a defect, the Customer has the right to request that the product be repaired or replaced, at no extra cost to them. In the event that neither of these two options is possible or are excessively costly, the Customer shall have the right to a discount on the price paid or to the termination of the contract of sale and, consequently, a refund for the price paid, according to art. 130 of the Consumer Code.
The Seller shall bear all return costs for the defective products.
The Klyaksa US team is available to answer any questions and can be contacted at the following e-mail address, firstname.lastname@example.org, or at the following postal address:
Klyaksa US LLC
530 West St, Braintree, MA 02184
10. Communications to the customer
10.1 Communications to the customer The Customer acknowledges, accepts and gives his consent to the fact that all communications, notifications, certifications, information, statements and, in any case, all documentation about the operations executed, referring to the purchase of the Products, will be send to the electronic mail address indicated at the time of registration, with the possibility of downloading the information on durable media using the methods, and within the limits, required by the site.
12. Governing law, dispute settlement and competent jurisdiction
12.1 These General Conditions of Sale are governed by the US law and will be interpreted according to it, without prejudice to any other mandatory rule prevailing in the country of habitual residence of the Customer. Therefore, the interpretation, execution and cancellation of the General Conditions of Sale are subject exclusively to the US law (subject to any other mandatory law provision of the Customer's country which may prevail) and any disputes relating to and/or consequential to them shall be resolved exclusively by the US courts (as specified below). In particular, if the Customer qualifies as a Consumer, any disputes will be resolved by the court of his domicile or residence based on the applicable law or, at the consumer’s option in the case of a suit filed by the consumer, by the US Court. If, instead, the customer is acting in the exercise of his business, commercial, craft or professional activities, the parties consensually establish the exclusive jurisdiction of the US Court.
13. Modification and updating
The Vendor may make changes or amendments to these General Conditions of Sale at any time. Therefore, we will ask the customer to accept only the General Conditions of Sale in force at the time of the purchase. The new General Conditions of Sale will be effective from the date of publication on the website www.klyaksa.us and in relation to purchase orders submitted after that date.