General Terms and Conditions of sale

These general terms and conditions govern the contractual relationship between Kidaria Bioscience S.r.l. with registered office in Monterosso al Mare, 8 (SP), C.F. and P.IVA 01542720113 in the person of the l.r.p.t.  (the “Company” or “Kidaria“) which operates in the market of cosmetic products and the Client as defined below.

(each a “Party” and when collectively the “Parties”)

  1. Definitions
    • Customer Account or Account: credentials, username and password by means of which the Client can access a web area of the Site as identified below and reserved for the same.
    • Customer: purchaser and/or potential purchaser of the products marketed by Kidaria through  the use of the  functions on the Site in the “Products” or “Shop” section.
    • General Terms and Conditions of Sale (or “T&Cs”): these terms and conditions of sale that govern the purchase and sale of Kidaria products through the Website.
    • Contents: all information regarding Products marketed by Kidaria (i.e.: descriptions, characteristics, prices, etc.) published on the Site, including that found in the “Products” section.
    • Purchase Order(s) or Purchase Order(s): the request for the purchase of Products sent through the Website by the Client to Kidaria with an indication of the type, quantity, prices charged, any discounts and other relevant conditions.
    • Product(s) offered for sale by Kidaria on the Website as well as any ancillary services connected to them and which can be found in the “Products” or “Shop” section.
    • Website: means this website owned by Kidaria [kidaria.it].
  1. Purpose of the General Terms and Conditions of Sale
  1. These T&Cs govern the contracts between the Client and  Kidaria relating to the purchase and sale of Products offered for sale on the Site as well as any ancillary services and/or complementary products. It should be noted that the Products available for sale will be exclusively those present on the Site in the and related sections accessible to the Customer on the day of consultation and/or navigation by the latter.
  2. If a Kidaria Product is unavailable at any given time, the Customer is informed of such unavailability as follows:
    1. at the time of placing the Order, a message will appear indicating that the Kidaria Product is temporarily unavailable, or
    2. after the validation of the Order and before delivery, by e-mail.
  3. In the event that the Client requests the withdrawal of the entire Order, KIDARIA undertakes to reimburse the Client for the  sums paid by the latter within a maximum period of 14 (fourteen) days from the date of receipt of the request, depending on the payment method used by the Client.
  4. In the event that a Product becomes unavailable after the validation of the Order but before delivery, the Order will be considered cancelled without Kidaria being able to have any responsibility in this regard.
  5. The Client is informed that the photographs and texts illustrating the Kidaria Products are indicative and subject to change.
  6. Kidaria reserves the right to modify these General Terms and Conditions, by promptly publishing the changes on the Site. The new General Terms and Conditions will govern all Orders placed after their publication on the Site.
  1. Terms and conditions of purchase of Kidaria Products 
  1. The Kidaria Products on the Site are reserved for people:
    1. Adults
    2. minors who hold an authorisation from the person exercising parental responsibility;
    3. possess the full capacity to place Orders on the Site in accordance with applicable law
  2. Kidaria reserves the right at any time to request a document (i.e. identity document) attesting to points 1(a) to 1(c) above.
  3. Kidaria reserves the right not to follow up on a Purchase Order and/or to exclude Customers from its databases if the latter have not responded to the above request
  4. It should be noted that the Kidaria Products are intended for the personal use of the Customer and that their purchase must not have any connection with the latter’s professional activity, including the resale of the Products
  5. To this end, the Buyer must pay particular attention to ensure that the amount of the Products purchased does not exceed the sum of Euro 500.00 (five hundred/00 euros) for each Order
  6. It should be noted that:
    1. the same Customer may only purchase a maximum of 3 units  of  Kidaria Products of the same item, for each Order.
  7. In the case of an order whose amount exceeds the aforementioned amount and/or the number specified above, Kidaria, even after its acceptance, may consider the Order invalid and not process it without any liability towards the Customers.
  1. Prices
  1. Prices are indicated in Euros (€) and are valid throughout the European territory, it is understood that the software system that governs online purchases may not allow Orders that include shipments in some geographical areas.
  2. Prices take into account any discounts and VAT applicable on the day the Order is placed.
  3. The prices indicated do not take into account processing and delivery costs, which will be invoiced in addition according to the policies published from time to time on the Site.
  4. It should be noted that:
    1. For certain product categories, some delivery methods may not be available;
    2. any promotions granted will be valid only for limited periods and/or for specific Customers and may not be cumulative with other discounts, all according to the rules of the individual promotion that Kidaria will take care, from time to time, to publish on the Site.
  5. Kidaria reserves the right to change prices at any time; however, the Products are invoiced on the basis of the prices in force at the time the Order is placed, subject to their availability.
  1. Activation of the Customer Account on the Website
  1. In order to proceed with the placement of an Order through the Site, the Client may:
    1. Fill in the appropriate online form that will request the data necessary to process the Order (the “Form“), or
    2. register the Customer Account in accordance with the procedures and information requested on the Site in the relevant section.
  2. The Client guarantees the truthfulness and fullness of the information transmitted to Kidaria by filling in the Form or by registering the Account and will be directly responsible for any error, omission or failure to update the update;
  3. In the event that the Client has chosen to register the Account:
    1. Kidaria will send the Customer Account credentials (the “Credentials“) to the Client via email to the address indicated by the Client during registration. With this message, the Client will be notified of the acceptance of his/her registration request;
    2. These T&Cs shall be deemed known, accepted and effective with the ticking by the Client in the appropriate section dedicated to their acceptance;
    3. It is understood that:
      1. the activation of the Customer Account is at the complete discretion of Kidaria;
      2. Kidaria is not responsible for any delays in activation and therefore the Client will not be able to claim anything in this regard;
    4. The Client guarantees the confidentiality of the Credentials that he/she undertakes not to communicate to third parties, acknowledging that he/she will be solely responsible for the consequences of the use, even fraudulent, of the same and maintaining exclusive responsibility for the activities, of whatever nature they may be, carried out on his/her Customer Account, declaring to indemnify and hold harmless Kidaria from any and/or any claim, direct or indirect, should be brought against the same, due to any violations and/or undue and illegitimate use of the Customer Account;
  4. Otherwise, if the Client has chosen to use the Form:
    1. These T&Cs shall be deemed known, accepted and effective by ticking the box in the appropriate section dedicated to their acceptance.
  1. How to place a Purchase Order by the Client
  1. To place an Order, the Customer must have Credentials and Customer Account or in any case must enter their data in the Form and accept these T&Cs. Subsequently, you will be able to view the different Kidaria Products offered for sale on the day of consultation of the Site and choose which one to purchase:
    1. browsing through the various categories of Kidaria Products or
    2. by typing the name of the Kidaria Product directly in the search area.
  2. While browsing the Site, the Customer who wishes to place an Order can do so by simply clicking on the button intended to add the Kidaria Product to the cart. Once this operation has been carried out, the Customer will be able to check the number of Kidaria Products in their shopping cart. The contents of the shopping cart may be subject to an expiration date.
  3. The Customer can continue the visit or click on the shopping cart to check its contents, viewing all the elements of the Order, the fundamental characteristics of the Kidaria Products, the total amount of the Order, the data for invoicing and delivery, the delivery times, the costs and these T&Cs.
  4. The Customer can return to his Order, complete it, modify it, delete it if he has not yet validated it. If the Customer wishes to choose other Kidaria Products, he/she can continue browsing the Site, keeping the Kidaria Product(s) already selected in his/her shopping cart as long as it is within the expiry period.
  5. Once the selection of Kidaria Products has been completed, the Customer can validate the Order using the appropriate virtual button. At that point, a new page will open inviting him to:
    1. provide your username and password if you are already registered on the Site using your Account details; or
    2. fill in the Form accurately, the mandatory fields (appropriately indicated) such as Surname, First Name, E-mail Address, Postal Delivery Address (i.e., the address to which the delivery can be made).
    3. Fill out the billing form if necessary.
    4. Confirm your shipping and/or billing information as well as your chosen payment method.
  6. The Client undertakes to fill in the forms made available to him in good faith and acknowledges that the data communicated by him and stored in Kidaria’s information systems are accurate and constitute proof of his identity. Please note that such personal data will be processed in compliance with the Privacy Policy accessible here
  7. After providing the necessary information, the Client may view the Order and proceed with the payment, under the conditions described in these T&Cs, or click on the button that allows you to modify the shopping cart and/or the information relating to your personal data.
  8. Before paying for the Order, the Client must read these T&Cs and then confirm their consent to them, confirming the acceptance requested by the Site (such as, for example, by ticking the appropriate box).
  9. As soon as the Client confirms the acceptance of the T&Cs, a website dedicated to the payment of the Order will open. The Client must then proceed with the payment of the Order according to the type of payment chosen.
  10. It is understood that the Client has the possibility, at any time during the processing of the Order – i.e. until the actual payment – to return to his Order, complete it, modify it, cancel it until he has effectively validated it by ordering the payment.

 

  1. Order Confirmation
  1. Once the Order has been confirmed and the payment has been validated in accordance with the procedures set out in these T&Cs, a printable and saveable summary of the Customer’s Order is displayed, showing the references of the Purchase Order itself. Kidaria will then send, as soon as possible, an e-mail confirming the Order to the e-mail address provided by the Customer, with the following information:
    1. Kidaria’s identification data and its contact details,
    2. the reference of the Order registered at the time of placing the Order,
    3. the summary of the Order and the fundamental characteristics of the products,
    4. the total amount of the Order, including taxes,
    5. confirmation of payment.
  2. In order to protect Kidaria against fraud and in the event that Kidaria or the online payment service provider suspects that an order is fraudulent, Kidaria or the payment service provider reserves the right to ask the Customer (prior to processing the order) for additional documents (in particular proof of address and charge in the name of the Customer, photocopy of the Client’s identity card, photocopy of the Client’s credit card) in order to verify the non-fraudulent nature of the Order.
  3. In the above case, for the entire period of the verification, the term of delivery of the Products will be considered suspended and, in the absence of a response from the Customer within 14 (fourteen) days following the sending of the request by the Seller or the online payment service provider, the Order will be cancelled and Kidaria will proceed within the additional 14 (fourteen) days following the expiry of the aforementioned term to refund any amount paid by the Customer.
  1. Proof of Confirmation of an Order

 

  1. By express agreement between the Parties, the e-mail messages are authentic between them, as well as the automatic registration systems used on the Site, in particular with regard to the content and date of the Order.
  2. The Client may access, if necessary, in accordance with the applicable regulations, the electronic contract entered into between the Parties. To this end, you must contact the Consumer Service at customercare@kidaria.it to which you will provide all the necessary information, in particular the order number and its details.
  1. Obligations of the Clients
  1. For the entire period in which these T&Cs are in force, the Client undertakes to:
    • not to copy, reproduce, download, republish, sell, distribute or resell any information, text, images, graphics, videos, audio, directories, files, databases, lists and/or content available on the Site that are owned by Kidaria or third parties. It is forbidden to use any content or material on the Site for purposes other than those expressly permitted in these T&Cs. In addition, the Client acknowledges and acknowledges that the Kidaria Products, their representations and all related trademarks and distinctive signs (by way of example: website, trademark, etc.) are the exclusive property of Kidaria;
    • not to use their Account to publish, transmit and/or otherwise disseminate illicit content or in any case of an offensive nature, harmful to the privacy of others or vulgar content, which incites conduct punishable by law. Furthermore, it undertakes not to publish, transmit and/or otherwise disseminate content that includes or represents advertising of third-party products and services, unless it has the right to do so by virtue of a specific and separate contract signed between the Parties;
  1. Payment Methods
  1. The amount due by the Client is the amount indicated in the Order confirmation and displayed on the related page of the Website and subsequently transmitted by e-mail from Kidaria to the Client. At the time of validating the Order, the Client can choose between one of the payment methods indicated in the Checkout section of the Site:
  2. The Order, even if forwarded and validated by the system, will be considered binding for Kidaria only after acceptance of the T&Cs, and verification and confirmation of the validity of the payment made.
  3. In any case, Kidaria reserves the right to refuse any Order or any delivery in the event of:
    1. exceeding the maximum thresholds indicated in Article 3 – ” Terms and conditions of purchase of Kidaria Products ” of these T&Cs,
    2. ongoing dispute between the Parties,
    3. non-payment of all or part of a previous Order by the Client,
    4. refusal of credit card payment authorization by banks,
    5. unavailability of the Product requested by the Customer.
  1. Delivery
  1. Once prepared, the Products referred to in the order will be shipped to the postal address communicated or confirmed by the Customer during Checkout.
  2. Kidaria Products are delivered by postal services or by a specialized supplier (hereinafter referred to as the “Carrier“). In the event of the Customer’s absence, the Carrier leaves a notice of passage in the Customer’s mailbox. The Order will be available for collection at the post office or at the nearest affiliated place, in any case at the places indicated by the Carrier.
  3. Orders are prepared by the logistics centre and are delivered by the courier chosen by Kidaria.
  4. The estimated delivery times are indicated on the Website and taken into account from the date of placing the Order. The estimated time is approximate and may be subject to changes that do not depend on Kidaria.
  5. Please note that for certain product categories some delivery methods may not be available.
  6. For destinations such as islands, the delivery time may take at least one working day longer.
  7. Kidaria is not responsible for delivery problems due to events or situations beyond its control, including cases of delays attributable to the transport service or loss of products.
  8. In case of delays, the Client must inform Consumer Service as soon as possible by contacting Kidaria at the email address: customercare@kidaria.it
  9. The courier will then be contacted to carry out the relevant checks. The Client is informed that the conduct of an audit is an uncertain and relatively lengthy process that Kidaria cannot control.
  10. In case of exceeding the maximum delivery term of 30 (thirty) days, the Customer may exercise the right of withdrawal by contacting Consumer Service. Starting from the exercise of the right of withdrawal, Kidaria will reimburse all sums paid by the Client (including delivery costs), according to the payment method used by the Client, within a maximum period of 14 (fourteen) days from receipt of the notification, with the exclusion of any other compensation.
  11. Delivery can be made at multiple times. Therefore, in the event of partial delivery, the right of withdrawal can only be exercised with reference to the part of the Order that has not yet been delivered. If, during the course of the verification, the Order is found, it will be immediately redirected to the place of delivery indicated in the Order.
  12. If, at the end of the verification, the loss of the Order is confirmed, Kidaria will re-ship the Kidaria Product(s) at its own expense or, in the event of final unavailability, will refund the Client for the sums collected from the bank account debited at the time of the O
  13. Any delivery is deemed to have been made from the time the Carrier makes the Kidaria Product(s) available to the Customer. It is the Customer’s responsibility to immediately verify, upon receipt of the Kidaria Product(s), the conformity and integrity of the Kidaria Product(s) shipped, reporting any anomalies or defects on the Carrier’s delivery receipt.
  14. Any defect must be reported to Kidaria’s Consumer Service as soon as possible. A copy of the complaint forwarded to the Carrier must be attached.
  1. Warranties

 

  1. Pursuant to articles 129 and s.s. of Legislative Decree no. 21/2014 (Consumer Code), Kidaria is required to deliver to the Customer the Kidaria Products that comply with the Order placed. Kidaria Products are presumed to be compliant if:
    1. suitable for the use for which goods of the same type are usually used;
    2. conform to the description provided on the Site;
    3. present the qualities that an average buyer can legitimately expect taking into account the nature of the goods and the public statements, also contained on the Site, made by Kidaria on the specific characteristics of Kidaria Products;
    4. they are suitable for the particular use desired by the Customer who has been brought to the attention of Kidaria, provided that the latter has accepted it.
  2. Likewise, pursuant to Article 1490 of the Italian Civil Code, Kidaria is required to ensure that the Kidaria Products sold are free from hidden defects that make them unsuitable for the use for which they are intended or that appreciably reduce their value.
  3. If the Kidaria Products delivered do not conform to those ordered by the Customer or if they have hidden defects, the Customer must connect to the dedicated page of the Site and generate the return request. You will be able to indicate the reason for the return, download the prepaid label and the returned document to be inserted inside the box.
  4. The Customer has 26 (twenty-six) months from the delivery of the purchased Products to exercise the warranty against hidden defects.
  5. Following the notification of non-conformity or the presence of defects, Kidaria’s Consumer Service will confirm that it has received the return request and will inform them of the procedure to be followed. Upon receipt of the instructions from the Consumer Service, the Client will send the non-compliant Kidaria Products or those affected by a hidden defect to Kidaria to the registered office of the latter or to another address that may have been indicated in the appropriate section of the Site.
  6. The Kidaria Product(s) must be strictly:
    1. returned complete, unused, in the original intact packaging, and
    2. accompanied by the original packaging as well as the return note provided by Kidaria’s Consumer Service and the invoice.
  7. Any risk associated with the return of the Kidaria Product(s) shall be borne by the Customer.
  8. Upon receipt of the presumed non-compliant Kidaria Product(s) or affected by a hidden defect, Kidaria will carry out a check of the Kidaria Product(s) to establish their conformity. Likewise, Kidaria may carry out a quality test on the Kidaria Product(s) returned by the Customer to verify that the returned Product(s) is/are the original Kidaria Product(s). It is understood that these verifications shall be carried out as soon as possible and within a maximum period of 1 (one) month.
  9. If the non-conforming character or if the hidden defect is confirmed, Kidaria will proceed, at the Customer’s choice:
    1. reimbursement of the non-compliant Kidaria Product(s) or affected by a hidden defect, as well as shipping costs, depending on the payment method used by the Customer, within 14 (fourteen) days of receipt of the non-compliant or defective Kidaria Product(s), or;
    2. at the Customer’s request, when the Kidaria Product(s) is not compliant or affected by a hidden defect. The Kidaria Product(s) are sent to the Client at Kidaria’s expense and under the conditions of these T&Cs. 
  1. Right of withdrawal
  1. In full compliance with art. 52 of the Consumer Code, the Customer has a period of 14 (fourteen) days, starting from the day of actual delivery of the Order, to withdraw from the purchase contract of the Kidaria Products, without having to give reasons, or pay penalties, with the exception of the shipping costs to make the return which are borne by the Customer. In the event of the purchase of several Kidaria Products delivered at different times, the aforementioned term will start from the receipt of the last item subject to the purchase order.
  2. In case of failure to exercise the right of withdrawal within the term of 14 (fourteen) days referred to above, there can be no withdrawal and no refund will be made. The right of withdrawal can only be exercised by the Customer and not by third parties.
  3. The Client may exercise the aforementioned right of withdrawal within the terms established herein by sending a specific free notice drawn up by the Client with an explicit declaration of the decision to withdraw from the contract, to be sent to the address customercare@kidaria.it
  4. Kidaria will confirm that it has received the withdrawal request from the Client.
  5. The Customer has a period of 14 (fourteen) days, starting from the date on which he/she has notified Kidaria that he/she wishes to exercise the right of withdrawal, to make the return.
  6. In case of failure to return the Kidaria Products within the period of 14 (fourteen) days referred to above, the Order is considered final and no refund can be made.
  7. Kidaria undertakes to reimburse the Client for all sums paid. The refund is made according to the payment method used by the Client for the initial transaction, within a maximum period of 14 (fourteen) days from the exercise of the right of withdrawal by the Client.
  8. The refund of the sums may be postponed until the return of the Kidaria Products by the Customer or until the Customer has demonstrated that he has sent back the goods, whichever is earlier.
  9. Pursuant to art. 59 of Legislative Decree no. 21/2014 (Consumer Code), the right of withdrawal referred to in this article is excluded in the following cases:
    1. waiver expressly expressed by the Client;
    2. supply of tailor-made or clearly personalized Kidaria Products;
    3. supply of sealed Kidaria Products that cannot be returned for reasons of hygiene or health protection and have been opened after delivery;
    4. supply of Kidaria Products combined with other Kidaria Products (e.g. individual Kidaria Products within a box consisting of different Kidaria Products).
  10. For any further information on the extension, content and instructions relating to the exercise of the right of withdrawal, the Customer may contact the after-sales service at the following address customercare@kidaria.it
  1. Force Majeure
  1. Neither Party shall be liable for any total or partial breach or delay in performance of its obligations under this contract which is caused by an event which cannot be prevented (hereinafter the “Force Majeure Events“).
  2. Force Majeure Events may include, but are not limited to, wars, riots, insurrections, epidemics and pandemics, serious disruption of Internet security, technical failures, unauthorized access to and/or intrusions into the website’s servers, strikes of any form, telematic or telephone failures, etc.
  3. A Party that assumes that a Force Majeure Event has occurred or is likely to occur shall notify the other Party within 5 business days of the event or risk occurring. The Parties agree to meet in order to jointly determine the terms and conditions for the compilation of orders during the presence of a Force Majeure Event.
  4. After 1 (one) month of interruption due to a Force Majeure event, Kidaria may choose to cancel orders and refund the Customer, if due.
  1. Disclaimer for KIDARIA
  1. Kidaria shall be held harmless and indemnified from any and all liability in relation to the use of Kidaria Products by the Customer that differ from those indicated in the documentation on the Site or delivered with them.
  2. In all other cases not expressly regulated by these T&Cs, Kidaria shall not be held liable for any damage in the event of mistakes, omissions and inaccuracies in the data transmitted as well as in the event of interruptions, suspensions, delays and anomalies in the management of the on-line purchase service and in the provision of services, unless they are directly and immediately attributable to intentional or grossly negligent conduct of the same.
  1. Effectiveness
  1. These T&Cs will come into force from the moment of registration of the Client Account and will govern every transaction of the Client with Kidaria through the Site, except for changes to the T&Cs made by Kidaria in the manner indicated above.
  1. Applicable law
  1. This Agreement shall be governed exclusively by the laws of Italy, excluding its conflict of law rules.
  1. Final Clauses
  1. These contractual conditions constitute the only agreement between the Parties with reference to the matters deduced and described therein and cancel and replace any previous act, document, written and/or verbal agreement between the Parties on the same matters governed therein, having overall effectiveness and value;
  2. The invalidity of one or more clauses or paragraphs contained in the T&Cs shall not affect the remaining provisions of the contract or any part thereof. In the event that one or more such clauses or paragraphs are declared invalid by a final decision, decree or judgment, this Agreement shall be construed as if such invalid clauses or provisions have not been inserted therein.