General Sales Terms and Conditions
The following General Terms and Conditions govern the offer and sale of products on our website (“K-OVER.com” or “Website”). Please read these terms and conditions carefully before ordering any products: by ordering any of our products, you agree to be bound by these terms and conditions. The products purchased on K-OVER.com are sold directly by P.M.P. FIRENZE SRL (“K-OVER “) (hereinafter referred to as the “Seller” or “We”). K-OVER BY PMP FIRENZE SRL, with registered office at FIRENZE, Via Borromini 14 -50028 Barberino Tavarnelle, Florence, Italy, registered with the FIRENZE Business Register and VAT No. 01540140488. Telephone No. Tel 055 8071641- Fax 055 8061383, email info@K-OVER.com.
If you require assistance with orders, shipments, complaint handling, refunds, and product returns purchased on K-OVER.com, as well as other general information on services provided by K-OVER.com, you can always contact our Customer Service via email: info@K-OVER.com .
Our Corporate Policy
1.1 The present General Terms and Conditions apply to all services provided by the Website and the purchase of any of the products offered on the Website (“Products”) to “consumers”, meaning natural persons acting for purposes outside of their trade, business, or profession (the “Customer”).
1.2 If you are not a consumer, please refer to our Terms and Conditions for business customers.
1.3 The offer and sale of the Products are available exclusively to countries listed on the respective page of the Website, accessible via the homepage.
1.4 The Seller reserves the right not to process any order that does not comply with the Seller’s commercial policy.
1.5 The current General Terms and Conditions of Sale (together with the documents referred to herein) govern the offer, forwarding, and acceptance of purchase orders for products on K-OVER by PMP Firenze SRL between users of K-OVER by PMP Firenze SRL and the Seller.
1.6 The Seller reserves the right to modify these General Terms and Conditions of Sale from time to time, provided that no modification shall affect any order that the Customer may have already placed with K-OVER BY PMP FIRENZE SRL. Any changes and/or new conditions will be effective upon their publication on the Website. To this end, the Seller kindly invites Customers to access the Website regularly and check for the publication of the updated General Terms and Conditions.
1.7 The applicable General Terms and Conditions of Sale are those in force and effect at the time an order for a product is placed by the Customer.
1.8 The Customer acknowledges that continued use of the Website’s services subsequent to the effective date of any notice of modification indicates the Customer’s intention to accept and be bound by the updated General Terms and Conditions of Sale from time to time.
1.9 If the Customer wishes to no longer be bound by the General Terms and Conditions, or any updated version thereof, they may withdraw by sending written notification either via registered mail with return receipt or by email. Such withdrawal will become effective 14 days after the date stamped on the envelope if by mail, or 14 days after the sending date of the email.
1.10 The General Terms and Conditions of Sale do not govern the provision of services or the sale of products by third parties that appear on K-OVER .com through links, banners, or other hyperlinks. Prior to placing orders and purchasing products and services from third parties, customers are advised to review their terms of sale, as the Seller shall in no event be liable for the provision of services by third parties or for the conclusion of electronic commerce transactions between K-OVER.com users and third parties.
Registration
2.1 To avail the services and purchase one or more Products, it’s mandatory to register on the Website and create an account. Failure to accept the General Terms and Conditions of Sale or any reservation of rights by the Customer will prevent them from registering on the Website.
2.2 Website registration is free of charge. To register, the Customer must fill out the registration form, providing their first name, last name, email address, and password (hereinafter referred to as ‘Registration Credentials’). Registration is confirmed via an email sent to the address provided by the Customer. The Seller expressly rejects any terms and conditions contained in emails sent by the Customer to the Seller.
2.3 The Registration Credentials shall be exclusively used by the Customer and may not be transferred to any third party. The Customer must promptly notify the Seller of any suspected unauthorized use of their Registration Credentials. The Registration Credentials can be amended by the Customer at any time by accessing the user profile section on the Website.
2.4 The Customer represents and warrants that the information provided during the Registration Credential process is complete, accurate, and truthful. The Customer agrees to indemnify and hold the Seller harmless from any damages, penalties, or claims arising from or related to the violation of website registration rules or the improper use (e.g., incorrect storage and protection) of the Registration Credentials. All operations conducted using the Registration Credentials are deemed to be performed by the Customer to whom the Registration Credentials pertain.
2.5 Only one registration per Customer is permissible. Multiple registrations will be removed.
2.6 The Seller reserves the right to deny registration of any user, block the account of any Customer, and/or decline orders from any Customer who breaches these General Terms and Conditions or the applicable law, or for security reasons.
2.7 Notwithstanding the foregoing in sections 1.9 and 1.10, the Customer may terminate their account with immediate effect by sending an email to info@k-over.com.
GENERAL TERMS OF SALE
Contractual Agreement with the Seller
3.1 To complete a purchase of one or more Products on K-OVER.com, you must fill out the online order form and submit it to the Seller electronically, following the provided instructions.
3.2 The order form contains information on the fundamental characteristics of each ordered product, its unit price, the payment methods available, and the delivery terms of the purchased products.
3.3 The language used to finalize contracts with the Seller may be either English or Italian.
3.4 Once the order form is submitted, the Seller will process your order.
3.5 An order is considered placed and finalized when the Seller, after receiving your electronic order form and verifying the accuracy of the order details, sends you a confirmation email through K-OVER by PMP Firenze SRL. This email will provide a summary of the product features, detailed price information, payment method, return policy, shipping costs, any additional fees, and the customer care reference. It is advisable to retain this email as proof of purchase or save it on a durable medium.
3.6 The order form will be stored in our database for the time required to process your order and as mandated by law. You can access your order form by clicking on the “My Account” section.
3.7 The Seller might not process purchases when there are not enough solvency guarantees, if the orders are incomplete or incorrect, or if the products are no longer available. In such cases, you will be informed at the time of order confirmation that the agreement hasn’t been finalized and why the Seller hasn’t processed your purchase order. If the products listed on K-OVER.com are no longer available after you’ve placed an order, the Seller will notify you about the unavailability of the ordered products as soon as possible, and in any event, within fourteen (14) days from the day after the Seller received your order. If the order form was submitted and payment made for items no longer available, the Seller will refund the amount you paid for those items.
3.8 By submitting the order form and finalizing the contract with the Seller, you unconditionally accept and commit to adhering to the provisions of these General Terms and Conditions of Sale, along with additional information contained in K-OVER.com, even those accessed via links, including the Privacy Policy. If you disagree with any of the terms mentioned in the General Terms and Conditions of Sale, please refrain from submitting an order for the purchase of products on K-OVER.com.
3.9 You have the right to cancel an order within 48 hours from the receipt of the order confirmation email. Should you wish to cancel your order, you will be required to send an email to info@K-OVER.com or contact our Customer Care service within the aforementioned timeframe. The Seller shall refund the full price paid within fourteen (14) days from the receipt of the cancellation request. Such a right in no way prejudices your right of withdrawal as set out in articles 52-58 of the consumer code DLGS 206/2005.
4. Warranties and Product Price Indication
4.1 On K-OVER.com, we offer only products from selected craftsmen.
4.2 The primary features of the products are shown on K-OVER.com on each product sheet. The products offered for sale on K-OVER.com may not correspond exactly to the real products in terms of image and colors due to the internet browser or monitor used.
4.3 The Client will be charged the product price indicated on the website at the time of order placement. Prices are subject to change, reflecting those stated on our website from time to time, barring manifest error. Ensure to verify the final sale price before submitting the relevant order form.
4.4 Orders made from a country different from where you request delivery, or to addresses to which the Seller cannot ship, will be automatically canceled.
4.5 The cost of delivery is explicitly stated in the order confirmation email. This amount will be distinctly highlighted in the order form before purchase confirmation.
4.6 All products sold by K-OVER.com will be delivered in their original packaging. When trying out products, you should not damage the original packaging of purchased products if you wish to return the bought product.
4.7 As a Client (as defined in section 1.1 above), you are entitled to various statutory warranties, including a warranty that the products supplied are consistent with our contract with you. Particularly, should a product sold by the Seller exhibit manufacturing defects or any conformity defects, you should promptly contact our Customer Care service via email: info@k-over.com.
4.8 The statutory warranties established by article 129 and subsequent of the Italian Consumer Code, as defined below, apply to the sale of products by the Seller. Pursuant to these articles, you have the right to have the conformity of products restored free of charge by repair or replacement (with the provision that you may choose whether to have the product repaired or replaced, subject to legal limitations), or (pursuant to article 135 quater of the Italian Consumer Code) to obtain a suitable reduction in the price of the products, or the contract’s resolution. Regardless, actions aimed at asserting a non-fraudulently concealed conformity defect by the Seller expire automatically 26 (twenty-six) months after product delivery.
4.9 In the event that you have requested to repair or replace the product due to a conformity defect under this Section 4, the delivery expenses for returning the product to be repaired or replaced will be borne by the Seller, as well as all costs associated with the delivery of the repaired or replaced product.
4.10 Return Procedure: For returning a product that needs repair or replacement, please contact info@k-over.com.
5. Payments
5.1 Payment Methods: The payment for product prices and related shipping and delivery costs must be made using one of the methods indicated on the order form.
5.2 Credit Card Payments: In the event of a payment with a credit card, K-OVER by PMP Firenze SRL will send a link containing the payment details. The customer has 24 hours to access the secure site and authorize the payment. This data will only be used by the Seller to complete the purchasing procedure, issue refunds in the case of returns in compliance with the right of withdrawal, or to report fraud cases to the police.
5.3 Bank Transfer: In case of payment via bank transfer, the order will be confirmed once the Seller has received a valid credit of funds.
6. Shipping and Delivery of Products
6.1 Delivery Address: Purchased products will be delivered to the address you specified in the order.
6.2 Invoicing: For each order, the Seller will invoice the purchased products in accordance with applicable laws and regulations. The invoice will be based on the information provided by the user at the time of ordering. No changes to the invoice are possible after its issuance.
6.3 Shipping Costs: Shipping costs are your responsibility and are indicated separately on the order form and in the invoice unless otherwise specified.
6.4 INTERNATIONAL SHIPPING AND EXPORT CHARGES: Orders shipped outside of the European Union, United Kingdom, United States, or Canada may be subject to import duties. Orders shipped within the EU will be subject to VAT at a rate of 22%, which will be added to the K-OVER.com website price. As soon as the items arrive at their destination, the sales tax on imports, as well as customs duties and handling costs, will be determined by the respective customs office. In such cases, you will be fully responsible for the payment of all applicable import charges directly to the competent authority (and their claim in the event of cancellation or return of the Products, as allowed in these General Terms and Conditions) as determined by the authorities of the destination country. Neither K-OVER BY PMP FIRENZE SRL nor the logistics partner will have any responsibility in this regard.
The Seller’s designated shipping partners may enter into a contract with a local customs broker in the destination country. By accepting these General Terms and Conditions, you are granting the customs broker authorization to act as your agent to: (i) conduct transactions with the applicable local authority, (ii) complete, submit, and execute related documents on your behalf concerning the importation of Products in your order, (iii) facilitate the payment of applicable import fees, and (iv) if applicable, return the Product to us (subject to these General Terms and Conditions). Nevertheless, the user acknowledges that in the event of a product return, the User (and not the Seller, logistics partners, or anyone on their behalf) shall bear full responsibility for the reimbursement of import charges from the tax authority if feasible. Neither the logistic partner nor the Seller shall bear any responsibility concerning such claims.
Furthermore, should you fail to pay the import charges without a valid reason, or should our logistics partners or carriers default, we reserve the right to deduct the amount of import fees from any refunds or other sums you may claim, to the extent allowed by applicable law.
If you have not paid the import fees or have declined to accept the Products in a manner other than outlined in the return procedure stipulated in these General Terms and Conditions (including the failure to provide customs with the required documentation), leading to the return or need to return the Products, you may be liable for the product return costs and may not receive a refund for the delivery charges you incurred. We may also charge you additional costs incurred due to such refusal or non-payment, as permitted by applicable law.
6.5 Product Delivery: The purchased product will be delivered by a courier chosen by the Seller (hereinafter referred to as “Courier”). Purchased products will be delivered on working days (excluding Saturdays, Sundays, and local or national holidays) within the timeframe stated during the checkout procedure. If no specific delivery period is mentioned, it will occur within thirty (30) days from the day following the order confirmation.
6.6 Delivery Completion: The delivery is considered complete when the Product is made available to the Customer at the address specified in the order form.
6.7 Inspection upon Delivery: At the moment of the delivery of the purchased products by the designated Courier, the Consignee (either you or a duly appointed representative) is under a legal duty to:
Ascertain that the quantity of items delivered is congruent with that enumerated in the accompanying delivery note; and
Confirm that the packaging, inclusive of its sealing mechanisms, remains in a pristine state, unaffected by any form of degradation, moisture, or any other undue alterations.
6.8 Reporting Discrepancies: Any perceptible damages to the packaging and/or the product, or discrepancies in the item count or accompanying documentation, should be promptly annotated in written form on the Courier’s delivery note. In the absence of any recorded grievances upon signing the Courier’s manifest, the Consignee relinquishes the right to subsequently contest the manifest attributes of the delivered consignment.
It behooves you to swiftly validate the accuracy and completeness of received goods, vis-a-vis the placed order. Notwithstanding the provisions elucidated in article 4 mentioned earlier, any detected inconsistencies must be communicated to us in written form within two (2) working days subsequent to the receipt of your consignment. The absence of timely communication will be construed as unequivocal acceptance of the consignment. All claims must be corroborated with photographic or videographic evidence of the noted discrepancies.
7. Client Support Services:
You are encouraged to reach out to our dedicated Client Support Services for any requisite clarifications via electronic mail at: info@K-OVER.com.
8. Consumer Rights & Right of Withdrawal:
8.1 Contractual Rescission: If you are transacting as a Consumer, you reserve the prerogative to rescind the purchase agreement entered into with the Seller pertaining to products procured from K-OVER.com. This can be executed sans any pecuniary penalties and without necessitating a delineation of cause, provided you convey the intent in written form to the Seller within fourteen (14) calendar days, commencing from the day of product receipt.
8.2 Product Returns: You are mandated to facilitate the return of the products to the Seller within the span of fourteen (14) calendar days, starting from the date on which you declare your withdrawal intent. The products must be reverted in the condition they were received, with return shipment costs being borne by you. A statutory duty mandates that you exercise reasonable care and prudence in handling the products whilst they remain within your purview. Failure to adhere to this duty could render you liable for potential damages claims.
8.3 Return Protocols: To instigate a product return:
You must formally convey your intent within fourteen (14) calendar days, reckoned from the day of product receipt (or for orders containing multiple items, the day the final product is received), by engaging with our Client Support Services. As an alternate recourse, you may populate the withdrawal form, using the template provided herewith, and transmit it to us at the following electronic mail address: info@K-OVER.com. It’s imperative to retain proof of dispatch of your withdrawal notice.
8.3 Product Return Conditions:
The products must remain in an untouched, unutilized state, devoid of any deterioration or impairment.
The products are to be returned ensconced in their original packaging, which is deemed an intrinsic component of the products themselves. It is incumbent upon you to facilitate the return of said products, utilizing a carrier of your own discretion and at your own expense, within a temporal frame of fourteen (14) calendar days from the date of withdrawal notification. The financial burden and risks associated with the product return lie squarely upon the customer’s shoulders.
8.4 Refund Mechanisms upon Exercising Withdrawal Rights: In instances where the right of withdrawal is invoked, the Seller shall expedite a refund to the Customer encompassing the full quantum paid for the returned products. This shall occur within fourteen (14) calendar days from the receipt of the withdrawal communication. The Seller reserves the right to withhold the refund until the product has been duly received and its integrity ascertained. The method of refund will be executed via bank transfer.
8.5 Refund Amounts: The Seller will reimburse the entirety of the product’s price. You remain liable for the costs associated with the product’s return unless such a return is predicated on an error on our part or due to the product being flawed or defective. Any diminution in the product’s value arising from undue handling, beyond what is necessary to ascertain the nature, features, and operability of the goods, may be subtracted from the refund due to you. Save for the provisions delineated herein, there shall be no subsequent costs borne by you following your refund request.
8.6 Return Procedures: You are obligated to revert the products to the Seller by securely packaging and dispatching them at your own risk and cost, using the designated return number (as furnished through the online return form). It’s imperative that the shipment tracking number be shared with us. As an alternative, K-OVER DI PMP FIRENZE SRL may offer assistance in facilitating the product return through a prepaid mechanism utilizing an authorized courier service (this service bears a fixed fee). Kindly reach out to us at info@k-over.com for further details.
8.7 Stipulations Governing the Right of Withdrawal:
The right applies to a product in its entirety; consequently, if a product comprises multiple components or parts, the withdrawal cannot be exercised solely on a fragment of the purchased product.
Additionally, the right of withdrawal is precluded under the following circumstances (and any other scenarios delineated under Article 59 of the Consumer Code):
Orders comprising products tailor-made or distinctly customized.
Orders of sealed products which are not suited for return due to health protection or hygiene considerations and have been unsealed post-delivery.
9. Points of Communication
For additional information and support pertaining to the modalities of online purchases, you may engage the Seller via the Customer Care Service at the following electronic correspondence: info@k-over.com.
10. Data Confidentiality
10.1 Specifics on how we process your personal data can be ascertained by accessing our ‘Privacy Policy’.
10.2 For detailed insights on our Privacy Policy, you’re encouraged to liaise with our Customer Care Service via email at: info@k-over.com.
11. Service Interruption
11.1 The Seller expressly reserves the unilateral right to temporarily suspend the provision of the Site and its associated services, without prior notice, for the time frame deemed strictly necessary to effectuate technical interventions envisioned to augment the quality of said site.
12. Site Content & Intellectual Property Rights
12.1 All constituents of the Site, encompassing but not limited to literary works, auditory and visual outputs, photographs, dialogues, musical elements, documentations, sketches, logos, and any other material in whichever format, are safeguarded by copyright laws and other intellectual property rights held either by the Seller or other rightful proprietors. Any reproduction, amendment, duplication, copying, dissemination, commercialization, or any form of exploitation of the Site’s images and content is strictly proscribed unless explicitly sanctioned in writing by the Seller.
12.2 This site is provisioned solely for personal, non-commercial utilization. The Customer is precluded from altering, copying, disseminating, broadcasting, displaying, performing, reproducing, publishing, licensing, commercially capitalizing upon, deriving works from, transferring, data mining, or vending any content, software, products, or services housed within this Site. Further, the Customer is forbidden from leveraging this Site, or any of its content, to champion any commercial endeavors, inclusive of any advertising activity or revenue generation endeavors.
12.3 All distinctive trademarks that typify the products/services showcased on the Site are registered trademarks of their respective proprietors and are employed by the Seller either as the proprietary holder and/or a licensed grantee, solely for the purpose of distinguishing, elucidating, and marketing the products/services showcased/available for purchase on the Site.
12.4 Any utilization of the aforementioned distinctive marks that is non-compliant with prevailing legislation and unauthorized is strictly forbidden. Utilization of any of these distinctive marks available on the Site for the purpose of unduly benefiting from the inherent reputation of said marks or in any manner that might be detrimental to them or their rightful proprietors is expressly prohibited.
12.5 Under no circumstances shall the Customer modify, alter, adjust, or adapt the Site or any material proffered by the Seller. The Customer is expressly forbidden from circumventing any technical limitations embedded within the software, from translating, decrypting, decompiling, or disassembling said software, from attempting access to its source code, from crafting derivative works predicated upon the software, or from publishing the software with intent to allow third-party replication, leasing, sublicensing, financial renting, or lending of the software.
13. Errors and Limitation of Liability
13.1 The Seller cannot assure uninterrupted, continual operational functionality of the Site or the absence of errors or malfunctions pertaining to internet connectivity. Even though the Seller endeavors to assure regular access to the Site, the inherent dynamic nature of the internet and its contents might result in sporadic suspensions, interruptions, or discontinuity, especially during website updates.
13.2 The Site provides no declarations, warranties, or assurances beyond those stipulated in these General Conditions. It’s understood that the Customer accesses the Site at their sole discretion and liability, complying with all directives delineated by the Seller.
13.3 The Seller provides no guarantees regarding the Site’s content accuracy. Product-related information on the Site undergoes regular updates; however, complete absence of errors cannot be guaranteed.
13.4 The Seller retains the right to rectify any inaccuracies, errors, or omissions even post order submission, or to modify or update details at any given time without prior notification, safeguarding customer rights as delineated within these General Conditions and the Consumer Code.
14. Applicable Law and Jurisdiction
14.1 These Terms and General Sales Conditions are governed by Italian law, specifically the Italian Legislative Decree No. 206 of September 6, 2005, concerning distance contracts (Consumer Code) – specifically, “Chapter I, Title III of Part III” – and the Italian Legislative Decree No. 70 of April 9, 2003, on certain aspects related to electronic commerce. This choice of applicable law doesn’t strip the Customer of the protection conferred by provisions that cannot be conventionally derogated under the law of the country where the Customer habitually resides.
14.2 The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded.
14.3 Any disputes arising from the interpretation, validity, and/or execution of these General Sales Conditions shall be subject to the non-waivable territorial jurisdiction of the court of competent authority located in the place of residence or domicile of the Consumer.
14.4 For customers not domiciled within a Member State of the European Union or the United Kingdom, territorial jurisdiction lies exclusively with the Court of Milan (Italy), to the exclusion of any other competent forum.
14.5 Should a dispute arise that the Seller has been unable to amicably resolve directly with you, EU-domiciled customers may seek alternative dispute resolution via the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr). For further details, please contact our Customer Care Service.
15. Amendments and Updates
The General Sales Terms and Conditions may undergo periodic modifications due to new laws and regulations or other reasons. The revised General Sales Terms and Conditions will become effective from the date of publication on K-OVER.com and will thus apply to orders placed subsequent to such date.