Online Sales Contract and any related subdomains

Seller identification

The goods covered by these general conditions are offered for sale by Dr. Kleein S.r.l., with a registered office in Via Sistina, no. 121 – 00187 Rome, e-mail, registered with the Chamber of Commerce of Rome at no. RM_____ of the Register of Companies, tax code 16042281002, VAT number 16042281002, hereinafter referred to as the “Seller”.

1. Definitions

1.1 The term “online sales contract” or “contract” means the contract of sale of the Seller’s tangible movable property concluded between the Seller and the Purchaser within the framework of a system of distance selling by means of telematic tools, organised by the Seller.

1.2 The term “Purchaser” means the natural person who makes the purchase under this contract for purposes that are not related to his or her commercial or professional activity.

1.3 “Seller” means the party as identified above or the party selling the goods through the website referred to in the following article.

2. Object of the contract
2.1 The Seller hereby sells and the Purchaser purchases at a distance, by means of telematic tools, the tangible movable goods presented and offered for sale on the website and on other and possible sub-domains linked to the aforementioned website.

2.2 The products referred to in the preceding point are shown, with a detailed indication of their characteristics, in the dedicated section within the web portal that can be reached at the address: and in other and possible sub-domains linked to the aforementioned site.

3. Conclusion of the contract and acceptance of the general conditions

3.1 The contract between the Seller and the Purchaser is concluded exclusively via the Internet in remote computerised mode, through the Purchaser’s access to the web address and other possible sub-domains connected to the aforementioned site, where, following the procedures indicated therein, the Purchaser formalises the purchase of the goods referred to in point 2.1 of the previous article. The Purchaser is aware that in order to access the site it is necessary to have an Internet connection, the costs of which are borne by the Purchaser according to the terms established by his connectivity vendor.

3.2 These general terms and conditions are valid from the day of conclusion of this contract and may be updated, supplemented or amended at any time by the Seller, who shall give notice thereof through the pages of the Website and such updates/amendments and/or supplements shall be effective for future purchases.

3.3 These general terms and conditions of sale must be examined “on line” by the Purchaser before the purchase procedure is completed. The forwarding of the purchase order confirmation, therefore, implies full knowledge of them and their complete acceptance.

3.4 Acceptance of the terms and conditions of sale must be manifested by accepting the “Terms and Conditions of Sale” as well as by sending the purchase form filled in by the system after inserting the selected products in the electronic shopping cart. Before sending the order definitively, the Purchaser will be asked to check the contents of the shopping cart, with a summary of the same in which the details of the orderer and the order, the price of the goods selected, any shipping costs and any additional charges, the payment methods and terms, the address where the goods will be delivered, and the acceptance of the order are indicated. Once the delivery address has been confirmed in the pop-up window, it will not be possible to change it.

3.5 By confirming the Order by clicking on “Complete your Order”, the Purchaser declares that he/she has consciously accepted the contents and conditions of the Order in question and, in particular, these General Conditions of Sale, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by the Purchaser, as well as the terms of payment, declaring that he has read and accepted all the indications provided by him pursuant to the aforementioned rules, also acknowledging that the Seller does not consider itself bound to different conditions unless previously agreed in writing.

3.6 When the Seller receives the order from the Purchaser, the latter sends an e-mail confirming receipt of the order or displays a web page confirming and summarising the order, which also contains the data referred to in point 3.4. The confirmation email then indicates the order number, the products purchased and the delivery address, as well as other information relating to the order being processed.

4. Terms of purchase and selling prices

4.1 The products, prices and conditions of sale present on the Site – within the limits of their availability – do not constitute a public offer for the consumer; therefore, they must always be considered indicative and subject to express confirmation by e-mail by the Seller upon payment, which constitutes acceptance of the purchase order.

4.2 The prices of the products offered for sale on the Internet Site and in other and any related sub-domains are indicated in euros and are the prices in force at the time the Order is sent by the Purchaser. The Seller may change the sale prices of the products at any time and without notice. However, the Buyer will be informed of any such change before any Order is placed.

4.3 The prices of the products include VAT, but do not include shipping costs. Shipping costs vary depending on the shipping method and destination location selected by the Buyer.

4.4 Receipt of the order does not bind the Seller until the Seller has sent an e-mail confirming payment with the order number as indicated in point 3.6.

4.5 The Purchaser expressly grants the Seller the right to accept even only part of the order placed (e.g. if not all the products ordered are available). In this case, the contract shall be considered completed with regard to the goods actually sold.

4.6 By accepting these contractual terms and conditions, the Purchaser expressly declares that he is making the purchase for purposes unrelated to his commercial or professional activity.

4.7 It is not possible to request the cancellation of an Order from the moment the Order processing has begun.

5. Conclusion of the contract

5.1 The Contract entered into through the Site is understood to be concluded when the Purchaser receives formal confirmation of the order by e-mail (“Order Processing Confirmation E-mail”). The Contract is concluded in the place where the Seller’s registered office is located

5.2 The order can no longer be cancelled when, regardless of the method of payment, you have proceeded to click on the “complete your order” button in step 3 of the Order. Once this step has been completed, you can only proceed to return the order once the package has been received in the manner indicated in point 14.

6. Delivery times and methods for purchases made within or in other connected subdomains
a) Delivery methods

Once prepared, the order is shipped to the postal address communicated by the Buyer when placing the order.

The Products are delivered by a specialised supplier (hereinafter the “Carrier”). If the Buyer is absent and it is not possible to deliver the Shipment to the recipient, it will be held in storage. In particular, the Buyer expressly recognises the right of the Carrier to charge him storage costs of €6 per day + 5% of the value of the Order.

b) Timing

Orders are prepared by the logistics centre and are delivered by the Carrier. The Buyer can follow the progress of his/her order via the special link that will be sent with the electronic notification of successful shipment.

The estimated time for delivery varies from two (2) to a maximum of five (5) working days and is considered from the date the order is placed. The estimated time is indicative and may be subject to change.

For destinations such as Islands, delivery time may need to be extended by one additional business day

7. Prices and Payments

7.1. All sales prices of the products are indicated on the web address or other available page within the website and are expressed in Euros

7.2 The sales prices referred to in the previous point are inclusive of VAT and any other taxes. Shipping costs and any additional charges, if any, even if not included in the purchase price, are indicated and calculated in the purchase procedure before the Purchaser submits the order and contained in the order summary web page

7.3 The Buyer warrants to the Seller that he has the necessary authorisation to use the payment method chosen for his Order at the time the Order is placed. Envisaged methods of payment: Credit Cards;

7.4 The ownership of the ordered products shall remain with the Seller until the entire consideration for the Order, including shipping costs, taxes and other mandatory contributions (where applicable) are fully paid by the Purchaser.
 All orders, before being processed, are subject to authenticity checks directly by the relevant credit card issuers, in order to protect the customer. If, for any reason, it is not possible to charge the amount due, the sale process shall be automatically cancelled and the sale shall be terminated pursuant to Article 1456 of the Italian Civil Code. The Customer shall be informed by an automatic e-mail communication.

7.5 Communications relating to the payment and the data communicated by the Customer at the time the payment is made take place on specially protected lines and with all the guarantees provided by the use of the security protocols provided by the payment circuits.

8. Availability of products

8.1 The Vendor shall ensure, by means of the telematic system used, that orders are processed and carried out without delay. To this end, it shall indicate in its electronic catalogue, with the quickest possible updates, the products available and those not available, as well as an estimate of when the order will be handled.

8.2 The Seller’s computer system will confirm the registration of the order as soon as possible by sending the Purchaser a summary e-mail, pursuant to point 3.6.

9. Seller's Liability

9.1 The Seller shall not be liable for inefficiencies attributable to force majeure or unforeseeable circumstances.

9.2 The Seller shall not be liable to the Purchaser, except in the event of fraud or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its subcontractors.

9.3 In the event of inefficiencies related to the Carrier, the Purchaser shall send a report to the Seller, who shall contact the Carrier as appropriate.

9.4 The Seller assumes no liability for any fraudulent or illegal use that may be made by third parties with respect to credit cards, cheques and other means of payment, for the payment of the purchased products, if it proves that it has taken all possible precautions based on the best science and experience at the time and on the ordinary diligence required.

10. Guarantees and terms of assistance

10.1 The Seller shall be liable for any lack of conformity that becomes apparent within the term of 2 (two) years from delivery of the goods.

10.2 The Purchaser shall forfeit all rights if he does not notify the Seller of the lack of conformity within the term of 2 (two) months from the date on which the defect was discovered.

10.3 In any event, unless there is evidence to the contrary, it shall be assumed that the lack of conformity which becomes apparent within 6 months from delivery of the goods already existed on that date, unless such an assumption is incompatible with the nature of the goods or the nature of the lack of conformity.

11. Claims for damage and/or loss

11.1 Only one claim can be made for each purchase, and only one refund will be made for all losses or damages related to the purchase itself.

11.2 Requests to open a file for reimbursement due to damage or partial failure must be reported to the appropriate addresses in the tracking email received by the Purchaser within 7 (seven) days from the date of delivery, except for any longer period provided for by applicable regulations. For the purposes of opening and managing the claim, the Purchaser shall provide the documentation listed below and any other requested document that is preliminary to the definition of the claim:

a) copy of the purchase/sale invoice proving the value of the damaged/missing goods or the declaration of the value of the goods in the case of non-EU shipment of goods not intended for sale;
b) an indication of the damaged items and their weight;
c) repair invoice, if any;
d) credit note to cancel the damaged/lost goods, or DDT of reinstatement of the damaged/lost goods;
e) photos of the packaging and of the goods at the time of return, proving the damage suffered.

11.3 In any case, the damaged party must prove the defect, the damage and the causal connection between the defect and the damage, also through descriptions, photographs and means available to the damaged party. It is specified that, in case of visible damage at the moment of the return of the goods (so called evident damage), the Seller will not accept claims if there are no specific and detailed reservations on the POD. In the event that the damage is not visible at the time of return (so-called hidden damage), the recipient shall have 7 (seven) days from the time of receipt to report it to the Seller, under penalty of cancellation of the right to compensation. The Seller shall not be obliged to settle the claim if the relevant documentation is incomplete.

12. Obligations of the Buyer

12.1 The Purchaser undertakes to pay the price of the goods purchased in the time and manner indicated in this contract.

12.2 The Purchaser undertakes, once the online purchase procedure has been completed, to print and keep this contract received by e-mail as an attachment to the purchase order confirmation.

12.3 The information contained in this contract has, moreover, already been viewed and accepted by the Purchaser – who acknowledges this – prior to confirmation of the purchase, through telematic procedures.

13. Right of withdrawal

13.1 In full compliance with Article 52 of Legislative Decree no. 21/2014 (Consumer Code), the Purchaser has a term of 14 (fourteen) days, starting from the day of actual delivery of the order, to withdraw from the contract for the purchase of the Products, without having to provide reasons or pay penalties, with the exception of the shipping costs for making the return, which are borne by the Purchaser. In the event of the purchase of several Products delivered at different times, the aforementioned time limit shall run from the receipt of the last Product covered by the purchase order. If the right of withdrawal is not exercised within the 14 (fourteen) day period referred to above, the order is considered final and no refund can be made.

13.2 The right of withdrawal may be exercised exclusively by the Purchaser and not by third parties.

13.3 The Purchaser may exercise the aforementioned right of withdrawal within the established terms by filling in the form as per Annex 1 to Legislative Decree no. 21/2014, or in a free form drafted by the Purchaser with an explicit statement of the decision to withdraw from the contract, to be sent to

13.4 If the Products are not returned within the aforementioned 14 (fourteen) days, the order shall be considered final and no refund shall be made.

14. Termination of the contract

14.1 If one Party is in default with respect to the other with regard to any of the obligations under this contract, the other Party may request termination pursuant to art. 1453 of the Italian Civil Code and subsequent articles, without prejudice to the right to compensation for damages.

14.2 Pursuant to art. 1456 of the Italian Civil Code, the Party intending to make use of the termination shall communicate it to the other Party by registered letter with return receipt or PEC (Certified Email), indicating the reason; the termination effects shall start from the date of receipt of the termination communication resulting from the receipt given to the terminating Party and the Purchaser shall only be entitled to the refund of the amount already paid, if any.

15. Protection of confidentiality and processing of Buyer's data

15.1 The Seller protects the privacy of its customers and guarantees the compliance of the processing of personal data with the provisions of the privacy legislation set forth in Regulation (EU) 2016/679 and the applicable legislation on the protection of personal data.

15.2 The personal and fiscal data acquired by the Seller, the data controller, are collected and processed in the forms and according to the procedures provided for by the Privacy Policy of the site and the specific information.

16. Applicable law and competent court

16.1 This online sales contract is governed by the Italian law. The Court of Rome shall have jurisdiction over any dispute relating to the interpretation and execution of this contract.

16.2 Should any of the provisions contained in this online sales contract be deemed invalid, void or unenforceable for any reason whatsoever, such provision shall be deemed separate and shall not affect the validity and enforceability of the other provisions.