Terms & Conditions

1. PURCHASE PROPOSAL AND CONCLUSION OF THE CONTRACT.

These general conditions of sale have as their object the purchase of products carried out at a distance via the internet on the website www.kuader.com.

These conditions may be updated or modified at any time by Kuader, and the consumer/purchaser undertakes and is obligated to review them before placing any order.

The legislation expressly referred to for distance contracts is provided for in Section II of Legislative Decree no. 206 of September 6, 2005.

The contract will be concluded directly through the consumer/purchaser's access to the website corresponding to the address www.kuader.com, where, by following the indicated procedures, they will formulate the proposal for the purchase of the products.

The contract is considered concluded with the acceptance of the order by Kuader, and the consumer/purchaser will receive confirmation of acceptance via email.

By submitting the order, the consumer/purchaser declares to have reviewed all the information provided during the purchase procedure and to fully accept the general and payment conditions transcribed below. In the event that the order is not accepted, Kuader will promptly notify the consumer/purchaser.

Once the online purchase proposal has been formulated, the consumer/purchaser must print or save an electronic copy and, in any case, keep these general conditions of sale in compliance with the provisions of Legislative Decree no. 206/2005 on distance selling.

Any right of the consumer/purchaser to damages or compensation is excluded, as is any contractual or extra-contractual liability for direct or indirect damages to persons and/or property resulting from the non-acceptance or partial or total non-fulfillment of an order. Communications to Kuader must be made exclusively to the address indicated above or via email.

2. SALES PRICES AND PURCHASE METHODS.

Purchase proposals must be made exclusively by persons who are at least 18 years old and who possess a tax code (codice fiscale). All sale prices of the products displayed and indicated on the website, which constitute an offer to the public pursuant to art. 1336 of the Civil Code, are inclusive of VAT. Sale prices are considered valid until the communication of the acceptance of the purchase proposal. The images of the products published on the site are purely indicative. In the absence of specific indications in the order notes, no claim can be made regarding the lack of conformity of the purchase. By submitting the purchase proposal, the consumer/purchaser consents to the use by Kuader, for distance communications, of the telephone, email, or fax.

3. PAYMENT METHODS.

The consumer/purchaser may pay for the ordered products using the following payment methods indicated online at the time of purchase:

a) Advance bank transfer. Bank details will be provided at the time of communication of order acceptance;

b) Cash on delivery (for designated areas);

c) PAYPAL circuit and credit cards;

d) Installment payment via SCALAPAY.

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

4. PRODUCT AVAILABILITY.

Should an order exceed the quantity of product in stock, Kuader undertakes to guarantee the fulfillment of the order in the quantities indicated by the consumer/purchaser by ordering the missing items as quickly as possible. If the availability of the missing product is denied, Kuader, after notifying the consumer/purchaser, undertakes to replace it with a product similar in composition and desired effect. If the consumer/purchaser does not accept the replacement nor a more prolonged wait—and in any case no longer than the 30 days provided for by art. 54 of Legislative Decree no. 206/2005—Kuader undertakes to ship the ordered goods regardless. If the consumer/purchaser does not agree to wait the necessary time for delivery (beyond the 30-day term provided for by art. 54 of Legislative Decree no. 206/2005), the contract will be considered terminated and Kuader will provide for the immediate cancellation of the order.

5. DELIVERY METHODS AND COSTS.

Kuader will arrange for the selected and ordered products to be delivered to consumers/purchasers through trusted couriers and/or freight forwarders. Delivery is guaranteed within 24/48 hours of order fulfillment, and within 96 hours only for destinations in Calabria, Sicily, and Sardinia. In the months of August and January, due to the reduction of services provided by couriers, shipments may be delayed by 48/72 hours. In any case, delivery times will never exceed 30 days (the maximum term provided for by art. 54 of Legislative Decree no. 206/2005). The delivery date is considered valid as the date of the first attempt by the courier to deliver the goods to the indicated address (understood as the main entrance of the building and not the entrance to the private dwelling), even if the attempt is unsuccessful due to the recipient's absence or refusal of the goods. The delivery time for the goods is the courier's working hours: from 9:00 AM to 6:00 PM, Monday to Friday, and it is absolutely necessary to be reachable during these hours in the days following the communication of order acceptance. Kuader is not responsible for damage or theft caused during the transport of the goods. In the event that a package arrives that is not intact, damaged, or shows obvious signs of tampering, it is necessary to point out the irregularity to the courier personnel delivering the package and sign the transport document by adding the wording "SUBJECT TO INSPECTION" (CON RISERVA). This formality will allow for protection in the event of any type of anomaly discovered after opening the package (broken or missing pieces). In this case, you must report the incident via email to the local courier office and, for information, to Kuader. In case of partial loss or damage not recognizable at the time of delivery, the damage must be reported by the consumer/purchaser to the carrier via registered letter with return receipt as soon as it is discovered and no later than eight days after receipt (art. 1698 of the Civil Code). Kuader must be considered exempt from any liability for losses or damages to the goods from the moment they are delivered without reservations to the carrier for transport. If a product different from the one ordered is shipped to the consumer/purchaser, Kuader will replace the erroneously sent product with the one ordered. In this case, the consumer/purchaser must promptly contact Kuader via email or telephone to report the incident. Kuader will provide the necessary instructions for the replacement and return of the incorrect product. In the event that the requested product is not available, Kuader will reimburse the amount paid or send a product of equal value to the one ordered, at the choice of the consumer/purchaser. The incorrect product must be returned intact, meaning complete and sealed in its original packaging, with adequate external packaging to prevent it from being damaged during transport. In the event that the returned product shows signs of use and its packaging has been opened by cutting the original seals, the replacement procedure will not be activated.

6. BUYER'S OBLIGATIONS.

It is strictly forbidden for the consumer/purchaser to enter false and/or fictional data in the registration procedure necessary to activate the process for the execution of this contract and related further communications; the personal data and email must be exclusively their own real personal data and not that of third parties or fictional. Kuader reserves the right to legally prosecute every violation and abuse in the interest and protection of all consumers. The consumer/purchaser releases Kuader from any liability deriving from the issuance of incorrect tax documents due to errors relating to the data provided by the consumer/purchaser, as they are solely responsible for its correct entry. The consumer/purchaser expressly undertakes to accept the jurisdiction of the Court of Turin for all disputes relating to the application, execution, interpretation, and violation of this contract.

7. DATA COLLECTION AND PROCESSING.

By filling out the personal data sheet in the registration procedure necessary to activate the process for the execution of this contract and related further communications, the consumer/purchaser AUTHORIZES Kuader to communicate non-sensitive personal data (residence, telephone number) to trusted couriers and/or freight forwarders used for the delivery of the purchased products in order to allow the procedures necessary for delivery. Such data is processed electronically in compliance with current laws and may be exhibited only upon request of the judicial authority or other authorities authorized for this purpose by law. 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. The processing takes place, also with the aid of electronic means, in compliance with the methods that art. 11 of Legislative Decree no. 196 of June 30, 2003, establishes as a guarantee for the consumer/purchaser and, in general, protecting their rights, fundamental freedoms, and dignity, with particular reference to confidentiality and personal identity. The processing will take place for a period of time not exceeding that strictly necessary for the fulfillment of the purposes described above. Personal data will not be communicated to third parties. The deletion of personal data is subject to sending a communication via email or postal mail to the shop's headquarters.

8. WARRANTIES AND ASSISTANCE METHODS.

The clauses of this warranty replace every other warranty or condition, except those provided by law. This warranty does not affect any rights granted by law and does not preclude any protections guaranteed by law. All products marketed by Kuader are covered by the manufacturer's conventional warranty and by the 24-month warranty for conformity defects, pursuant to Legislative Decree no. 24/02. To benefit from warranty assistance, the consumer/purchaser must keep the invoice or transport document received. The manufacturer's conventional warranty is provided according to the methods illustrated in the documentation inside the product packaging. The 24-month warranty pursuant to Legislative Decree no. 24/02 applies to the product that shows a lack of conformity, provided that the product itself is used correctly and in compliance with its intended use and the provisions of the attached technical documentation. In case of lack of conformity, Kuader provides for the replacement of the product at no cost to the consumer/purchaser. In the event that, for any reason, it is unable to replace the product under warranty, Kuader may proceed, at its discretion and after notification, to send a product with equal characteristics and value or to issue a discount voucher of equal amount that can be spent on another product within 6 months. This warranty is transferable, provided that the current owner provides the original proof of purchase issued by Kuader. In countries where the limitation of liability is not precluded, Kuader's maximum liability cannot in any case exceed the price actually paid for the purchase of the product, except in cases of willful misconduct or gross negligence. Kuader declines all liability for special, incidental, consequential, or indirect damages, except in cases of willful misconduct or gross negligence. The report of a manufacturing defect must be made within two months of discovery, under penalty of forfeiture (art. 1519-sexies of the Civil Code). To request the remedy of replacement, the consumer/purchaser must file a specific claim following the procedure indicated in point no. 10 below.

9. RIGHT OF WITHDRAWAL.

Products prepared by Kuader are completely handcrafted and respond to the needs of the customer, who selects the motif and size of the painting. This means that the ordered object is completely personalized. Pursuant to Article 59, Section c, of Legislative Decree no. 21 of February 21, 2014, the supply of goods made to measure or clearly personalized does not provide for any right of withdrawal. This means that Kuader is unable to accept returns for orders purchased on www.kuader.com. Replacement and re-shipment of a new product are provided in the event that the item arrives damaged due to handling, transport, or force majeure. For clarifications, contact [email protected].

10. COMPLAINTS.

Any complaint must be forwarded via email to the seller's address provided above. The consumer/purchaser will receive an email confirming the opening of the complaint within the following three working days; with the same communication, instructions for defining the procedure will be provided, and requests for clarifications or documentation will be forwarded. In compliance with current legislation, the consumer/purchaser, in case of a complaint submitted more than six months after the delivery of the product, must provide suitable documentation proving that the lack of conformity existed at the time of delivery. For complaints submitted within six months of delivery, Kuader reserves the right to verify the existence of the complained defect before granting the requested remedy or the alternative provided by law.

11. CONTRACTUAL TERMINATION AND EXPRESS TERMINATION CLAUSE.

Kuader has the right to terminate the stipulated contract by giving simple notice to the consumer/purchaser with adequate and justified reasons; in this case, the customer will be entitled exclusively to the refund of the sum possibly already paid. The guarantee of successful payment that the customer makes with one of the means referred to in point no. 3 of these conditions and the obligations assumed by the customer are essential, so that, by express agreement, the failure of the consumer/purchaser to fulfill even one of said obligations will determine the termination of the contract by law pursuant to art. 1456 of the Civil Code, without the need for a judicial pronouncement, without prejudice to the right for Kuader.

12. COPYRIGHT AND LIABILITY

This site is an incubator of works created by different sources and uploaded automatically via API connections. In the event that there are works or illustrations that violate the copyright of third parties, please write to [email protected]; our staff will be happy to verify and remove the disputed works.