PREAMBLE
The present general conditions have as object the distance purchasing of products by means of telematics through the website www.killpick.com
This service is run by Killpick.com, property of Tommaso Galli, owner of the internet domain https://www.killpick.com, enrolled in the enterprises’ register of Napoli, REA CE 274236, Fiscal code GLLTMS66T13B990E. Its registered office is placed in Via Cupa S. Croce, 25 80143 Napoli Italia, e-mail: info@killpick.com. The purchase operations will be regulated by the provisions established in the Italian Legislative Decree n.185 of the 22nd May 1999, while the deservedness’ guardianship (privacy) will be disciplined by the Italian Legislative Decree 196/03. These general conditions are valid since the 1st July 2014 and they will be updated or modified by Killpick.com in any moment, without forewarning. They will as well have effectiveness since the date of publication on the website www.killpick.com. The user commits himself and is obliged, every time a modification to any of the present general conditions shall happen, to examine it and, if necessary, to print them and preserve them. An on-line selling contract is intended to be a contract, stipulated at distance, between a supplier, Killpick.com, property of Tommaso Galli, and a customer, a user, within a distance sale system organized by the supplier, that is, the legal transaction having for subject matter movables and/or services which, for such contract, only uses the distance communication technology called Internet. A consumer is intended to be the physical person which buys goods and services.
Art. 1: DISTINGUISHING MARKS
All the trademarks, the social denominations, images, logos and every other distinguishing mark which may appears in the service and which identifies Killpick.com, Tommaso Galli’s Killpick.com company or outside parties and the related products and services are distinguishing marks respectively of property of Tommaso Galli’s Killpick.com and/or of outside parties. Killpick.com, Killpick.com of Tommaso Galli or outside parties do not mean to grant to any subject possible license or to transfer copyrights on images, logos or on distinguishing marks of their own legal ownership.
Art.2 : COPYRIGHTS
2.1 Except where differently specified, Killpick.com is the owner of the copyrights and of the database rights related to the service and its contents. In particular, it is forbidden to publish, to distribute, to extract, to re-use or to copy such content with any equipment or through any way (included the photocopier or the process of storage on whichever medium through electronic device) which does not suit the limited usage license describe in our note on the copyright and in our copyrights provisions.
Art. 3: NOTICE ON COPYRIGHTS INFRINGEMENT
3.1 If the copyrights on one’s own deeds are considered infringed through the present service, it is necessary to contact us for the complaints related to copyrights infringement by writing to the e-mail address info@killpick.com or to Tommaso Galli Killpick.com, via Cupa S. Croce, 25 80143 Napoli Italy. It is necessary to provide the agent with the information which follow and which Killpick.com has the right to forward to the presumed infringer of such rights.
(a) Indicate the material in the service which is considered to be a damage for the copyright on one’s own work, with enough details in order to identify it inside the service area.
(b) Provide address, telephone number and e-mail address.
(c) Supply a statement which may faithfully clarify that the challenged usage is not authorized by the copyrights’ owner, by his business agent or by the law.
(d) Give a declaration where it is confirmed that (I) the transmitted information are correct and complete and (II) the declarant at issue is the copyrights’ owner or the declarant is authorized directly by the owner himself.
(e) Sign the claim by using autographical or electronic signature. Once the claim is received, Killpick.com will be able to suspend the account of the customer who is considered to have violated such rights.
Art. 4 : LINKS
In certain cases, Killpick.com can furnish links which address to outside parties websites. Such links are given as further comforts for the user. The access to the linked websites is made under the full and sole responsibility of the user. Killpick.com does not grant and it’s not responsible upon the content present on other websites or upon the availability of such websites; furthermore, the user exonerate Killpick.com from any responsibility for incidental damages deriving from the use of other websites.
Art. 5: SALE CONDITIONS’ ACCEPTANCE
5.1 The conditions provided in the preamble are part and parcel of the present contract.
5.2 All contracts will be directly concluded through the access, made by the client, to the website www.killpick.com. At this point, the client will be able to conclude the contract as far as the purchased product is concerned, following with attention the indications and the procedures provided.
5.3 The present general sale conditions must be examined on-line by the customer, before the purchase process is completed. So, the forward of the request’s confirmation means total knowledge of them and their full acceptance.
5.4 The client, through the on-line mailing of his own purchase order, unconditionally accepts and commits himself to observe, in his relations with Killpick.com, the general conditions and the payment regulations explained later, declaring that he has controlled and accepted all the indications furnished by he himself according to the aforementioned provisions and, furthermore, recording that Killpick.com does not consider itself bound by different conditions if these are not beforehand fixed and put down in writing.
5.5 Any request towards Killpick.com involves the client’s acceptance without reserve of the whole general sale conditions. Therefore, no possible clause quoted by the customer (on the purchase conditions in general, on the gift vouchers, in the correspondences or in any other document which we may receive) shall be able to derogate such conditions. If the client decides to annul an order already accepted by Killpick.com, then, what has been lodged will be kept as a partial indemnity without limiting Tommaso Galli’s Killpick.com with the possibility to ask a compensation for the damages that such order’s cancellation may provoke.
Art. 6: SALE’S PRICES AND CONDITIONS OF PURCHASE
6.1 All sale’s prices shown and indicated in the website www.killpick.com, which according to the article 1336 of the Italian civil code are legally offered to the public, include VAT number.
6.2 The total cost of the shipment to the customer’s domicile is charged to the customer himself. Anyway, such cost will be acknowledged by the client before purchase’s confirmation.
6.3 The purchase contract improves itself through the correct purchase drawing up and permission shown by the on-line agreement and after the subscription.
6.4 The customer can pay the ordered products by using the payment conditions specified on-line during the purchase process.
6.5 Killpick.com reserves the right to modify in any moment and without notice its prices.
Art. 7: DELIVERY CONDITIONS
7.1 Killpick.com will provide for delivering to the customers, at the address indicated by them themselves, the products selected and ordered, within the conditions expressed in the previous article and by means of carriers.
7.2 The purchased goods will be delivered within the terms provided in the article 6 of the Italian legislative Decree 185/1999. No responsibility shall be ascribed to the supplier for any delay or any failed delivery due to circumstances beyond one’s control or by pure chance.
7.3 The client is compelled to verify, during the wares deliverance, the conformity between the delivered product and the order executed; only after such verification and obviously excepting the renunciation’s right provided at point 8, the customer shall subscribe the delivery documents.
7.4 At the time of the merchandise delivery, the client must verify the items’ entireness as well as the quantitative and qualitative correspondence with what has been requested. In case of diversity, such differences must be indicated on the accompanying document and confirmed within seven days by means of fax or registered letter with return receipt to Tommaso Galli’s Killpick.com. Also in the presence of an integral package, the commodities shall be verified within seven days from the receipt of the goods. Any possible hidden anomalies shall be signaled in writing or by means of fax or also registered letter with return receipt. Every signal beyond the above-mentioned terms will not be taken into exam. For any declaration, the client is fully liable for his statements.
7.5 The delivery straight to the domicile, except for any different written agreement between the parties, will take place at the ground-floor during the office hours: from 8.30 to 1.00 p.m. and from 2.00 p.m. untill 5 p.m., every day, excepting holidays, from Monday to Friday.
7.6 The client must be effectively available during the hours mentioned at point 7.4 in order to avoid possible additional charges due to failed deliveries by the express carrier; such debits shall be charged on the customer himself.
7.7 Killpick.com is not responsible for the damages caused by the purchased goods’ carrier.
Art. 8: PRODUCTS’ AVAILABILITY
8.1 The client can only purchase the products which are present on the electronic catalogue shown on-line at the URL address www.killpick.com. If the request executed by means of an on-line order shall overpass the available quantity for each article, Killpick.com will accept the purchase within the limits offered by the effective availability in store. Our Customer Service will carefully let the client know (in the most suitable times and conditions) whether the ordered products will be available in the future or not.
Art. 9: LIABILITY
9.1 Killpick.com is not at all responsible for any inefficiency due to circumstances beyond one’s control as accidents, explosions, fires, strikes and/or lock-outs, earthquakes, floods and other similar events which may partially or totally prevent the right services provided in the contract.
9.2 Killpick.com shall not be considered liable towards any party or outside parties as far as damages, losses and sustained costs are concerned with reference to the unsuccessful carrying out of the contract for the aforementioned causes, as the consumer only has the right to be compensated with the price paid.
9.3 Killpick.com is not responsible for the possible illegal and fraudulent usage, which might be done by outside parties, of credit cards, cheques and other means of payment, during the act of paying the purchased products. Killpick.com, in facts, is not able to know the buyer’s credit card number in any time of the purchase process. Such number, through a safe connection, is directly transmitted to the bank service’s manager.
9.4 Killpick.com expects that the photos to print sent by the client are in its full availability and, however, Killpick.com presumes to feel acquitted by any liability concerning an illegal and non-authorized usage of such images.
9.5 Killpick.com won’t keep any archive of the images sent by the Client to obtain its service: the images sent will exclusively be kept within the time necessary to the realization of the print given by the service.
Art. 10: WARRANTIES AND CONDITIONS OF ASSISTANCE
The quality of our products is among the commodity economics’ tops. Killpick.com directly purchase from the manufacturing and/or distributing companies which have been selected by Killpick.com itself for the quality and the standards of control. All our products are granted for any imperfection or fault concerning the product itself, and it must be signaled within 8 days from its discovery. It will be our care to substitute the product on our charge or to refund the customer with the expenses paid, shipping costs included, in compliance with what provided by the articles 1519 fourth and sixth paragraph of the Italian Civil Code.
Art. 11 : USER’S BEHAVIOUR
The user is responsible of the photos he uploads, shares or copies using the service. It is necessary to legitimately dispose of the copyright and of the visualization’s right for each image uploaded, shared or printed. The professional images provided by professional photographers or made available through websites, reviews, books or other resources, are protected by the copyrights and cannot be uploaded, shared or copied through the Killpick.com service.
11.1 The user accepts to avoid the use of the service:
(a) for aims not allowed by the law;
(b) to upload, publish, demand in printed form, send by e-mail, transmit or communicate in any other way, material which may result indecent, offensive, blasphemous, pornographic, illegal, provoking, threatening, slanderous, dangerous or which may constitute a violation of the privacy and it may be defamatory, vulgar, illegal, calumnious or of doubtful lawfulness;
(c) to upload, publish, demand in printed form or communicate in any other way, material which is not authorized to be transmitted or to be communicated according to contractual agreements or relationships based on trust or which may violate copyrights, brands, patents or any other right of intellectual, moral or patrimonial property of all subjects, with no limitation;
(d) to harm minors in any way; this regards, without any limitation, material which may violate the laws concerning the childish pornography, the laws concerning the juveniles’ sexual exploitation and laws which may forbid the representation of minors in sexual acts,
(e) to counterfeit the headers or manipulate in some other way IPs in order to hide the origin of whichever content transmitted through the Service;
(f) to upload, publish or transmit in any other way material which may damage Killpick.com or the data processing systems of anyone, included materials contenting viruses, codes, worms, data or other files or programs intended to bring damage or to allow the non-authorized access to the service and which may cause troubles, errors, malfunction or damage to the service;
11.2 The user commits itself to not violating or interrupting (or trying to violate or interrupt) the service or the servers and the networks linked to the service or violating the requirements, the procedures, the criteria and the regulations linked to the service.
Art. 12 : CONTENT’S CONTROL
Killpick.com does not systematically control the content of each member’s account and it is not obliged to monitor the content for any reason. The user declares to be the only responsible of all contents and materials provided to the service.
Art. 13: OBLIGATIONS OF THE BUYER
13.1 The consumer commits himself and is obliged, once the on-line purchase procedure is over, to print and preserve the present general conditions which, what’s more, will already be read and accepted, being them an obliged step of the purchase process. Through the latter passage it is possible to fully satisfy the condition provided by the articles 3 and 4 of the Italian Legislative Decree n. 185/1999.
13.2 The present general conditions can be updated or modified in any moment by Killpick.com which will provide to communicate any change through its own website. The user commits himself and is obliged, every time a modification of the present general conditions may intervene, to provide to their print and preservation.
13.3 It is strictly forbidden for the purchaser to insert false and/or invented data and/or fruit of fantasy during the registration procedure necessary to activate for him the itinerary which leads to the fulfillment of the present contract and the related further communication; the personal data and the e-mail address must exclusively be the own real personal data and not those of outside parties, or fantasy.
13.4 It is expressively forbidden to effect double registrations corresponding to one person or enter outside parties’ data. Killpick.com puts off to legally prosecute every abuse or violation, within the interest and the guardianship of all consumers.
13.5 The Client releases Killpick.com from every responsibility deriving from the emission of incorrect fiscal documents, mistaken because of errors related to data given by the Client, being the Client itself the unique responsible of the correct insertion.
Art. 14: RIGHT OF WITHDRAWAL
14.1 In compliance with the article 5 of the Italian Legislative Decree 22nd May 1999, n. 185 the client can exercise the right of withdrawal, giving back the good received and obtaining the compensation of the paid price.
14.2 The consumer who, for any reason, does not consider himself satisfied of the purchase effected has the right to withdraw from the stipulated contract with no penalty and without specify its motivation within 10 working days starting from the day of the purchased good’s receiving.
14.3 All costs of products’ returning are in charge of the client who, directly or through any other way, will provide to the delivery of the wares themselves in the seller’s domicile; all goods will have to arrive in the same conditions of receipt, provided with the original burlaps; it is not allowed the goods’ re-dispatch through other ways.
14.4 To exercise the right of withdrawal the client will have to send, within the aforementioned term, a registered letter with return receipt to the following address: Tommaso Galli’s Killpick.com, Via Cupa S. Croce, 25 80143 Napoli Italy. The communication can be sent within the same term to the following e-mail address, too: info@killpick.com, on condition that it will be confirmed by means of registered letter with return receipt within the following 48 hours. Then, we will provide to refund the amounts paid to the client within the shortest possible time, and in any case within 30 days from the abovementioned communication receipt date, retaining the sole amount of the shipment costs, which will definitely remain at the client’s expense.
14.5 Killpick.com will accept the given back wares putting off to verify that the products have been returned in the original condition and with the original burlaps; in that case only Killpick.com will provide to the dispatch of the sum paid by the consumer for products’ buying.
14.6 The transportation’s costs, necessary in order to deliver the product to the client and for the possible redelivery to Killpick.com, are not refundable.
Art. 15: MERCHANDISE RETURN
Possible returns will not be accepted excepting preliminary written agreement by Killpick.com.
Anyway, these returns must be carried out in free port, in their original packaging and accompanied with a return bill which mentions the motivations of return. If the return is due to an order error of the customer, an amount equivalent to the 40% of the invoice’s total will be held as expenses’ compensation. The already paid amount cannot be refunded and will give rise to a purchase voucher valid one year long starting from its emission date. After such period, no deduction can be applied upon the subsequent orders. In case of an error occurred during the ordering process by Killpick.com and the Client may receive a product different from what has been ordered, the Client itself will be able to ask for a substitution. In this latter case, the costs pegged for the return shipment shall be fully refunded, too.
Art. 16: AUTHORIZATIONS
16.1 Filling the proper space present on the website, the Customer authorizes Killpick.com to use its own credit card or any other card emitted in its substitution and to debit on the own current account in favor of Killpick.com the total amount highlighted as cost of the on-line purchase. The whole process is done through a protected connection directly linked to the bank institute owner and director of the on-line payment service, to which Killpick.com cannot gain access.
Art. 17: CONTRACTUAL DISSOLUTION AND EXPRESSED RESOLUTIVE CLAUSE
17.1 Killpick.com has the faculty of rescinding the stipulated contract by giving a simple communication to the client and indicating the reason; in such case the costumer shall exclusively have right to the restitution of the probable sum already given.
17.2 The obligations taken by the client (see art. 13, Obligations of the buyer) and the guarantee of the good ending of the payment that the client carries out according to art. 6 have an essential feature so, as an expressed covenant, the non-fulfillment, by the client, of any abovementioned obligations will determine by right the dissolution of the contract according to the art. 1456 of the civil code, with no necessity of judicial verdict, except for the Killpick.com, it’s right to act in a legal place for the refund of a possible further damage.
Art. 18: PRIVACY
Killpick.com has the full respect of your privacy. The data you shall send us will be treated by means of electronic disposals and will be used by Killpick.com only to allow us the orders and shipments direction. In compliance with the Italian Legislative Decree 196/03 concerning the “Code upon personal data protection”, all information related to personal data, accomplished orders and payments are strictly reserved. We assure you that in no case we shall reveal personal data to outside parties.
18.1 The personal data are gathered with the aim of registering the client and activate towards he himself the procedures necessary to the carrying out of the present contract and the related possible communications; such data are electronically treated in respect with the laws in force and can be exhibited upon judicial authority’s request only, or any other proper authority if necessary.
18.2 The personal data shall be communicated to persons deputed to the completion of the activities necessary for the right carrying out of the stipulated contract and exclusively spread within such goal.
18.3 The party concerned benefits of the rights exposed in the article 13 of the Italian law 675/1996, that is, to ask confirmation of the existence of his own personal data inside the Killpick.com center; to know their origin, the logics and the aims of their treatment; to obtain their updating, their correction and their integration; to ask for their cancellation, their transformation in an anonymous form or their blockage in case of illegal treatment; to set against their treatment for legitimate reasons or in case of using data in order to send advertising material, commercial information, merchandise researches, or also in case of detail selling and interactive commercial communication.
18.4 Obtaining the cancellation of the own personal data is subordinated to the forwarding of a written communication sent via fax or postal mailing to the address of our company office.
18.5 Owner and responsible of the gathering and treatment of personal data is Tommaso Galli’s Killpick.com.
Art. 19: JURISDICTION AND PLACE OF LAWFUL JURISDICTION
19.1 Every controversy concerning the application, the execution, the interpretation and the violation of the purchase contracts stipulated on-line through the website Killpick.com is subjected to the Italian jurisdiction; the present general conditions are subjected, although not expressly provided here, to the joint provisions of the Italian Legislative Decree number 50 of the 15th January 1992 and of the Italian Legislative decree number 185 of the 22nd May 1999.
19.2 Any controversy between the parties concerning the present contract shall exclusively be competence of the place of jurisdiction of Naples.
