Contracting parties under the following general conditions of sale are the Edart Srls, Via Castagneto, Leone Park c / o TPM - 04023 Formia (Lt) - Italy - VAT number IT02924410596 (hereafter referred to as " ikuart ") and the customer.
For the business relationship between " ikuart " and the customer only the following general conditions of sale are valid in the version valid at the time of ordering. ikuart does not accept divergent conditions from the customer unless ikuart has confirmed its validity in writing explicitly.
The prices shown include the taxable tax currently in force (at this time 19%) without shipping costs and packaging. In accordance with our dispositions, the shipping and packing costs (shipping costs) are invoiced separately. All prices shown, including those relating to shipping and packaging are valid only when ordering. With the update of the internet pages of ikuart all prices and other previous indications on the goods lose their validity. The version in force at the time of the order is applied.
Terms of payment
The customer can choose the method of payment during the order (Payment by credit card, withdrawal from current account, PayPal). Payments are considered paid when ikuart can take possession of the sums of money. The customer bears the costs related to the payment, in particular for transfers from abroad.
To keep you updated on our news we will send you the ikuart newsletter and the companies linked to the email address you provide. You can unsubscribe from receiving the newsletter, at no additional cost beyond the normal data transmission costs, at any time by sending an email to info @ ikuart .com. Cancellation is also possible via the unsubscribe link in each newsletter.
Right of withdrawal
Pursuant to Article 55 paragraph 2 c of Legislative Decree 206/2005 (Consumer Code) the consumer can not exercise the right of withdrawal in the case of the supply of goods made to measure or clearly personalized or which, by their nature , they can not be returned or are liable to deteriorate or expire rapidly. For this reason we expressly draw your attention to the fact that the customer has no right of withdrawal for orders with personalized writing. In the case of advance payment, if, pursuant to art. 2 of the present general conditions of sale, the payment has not been received on the account indicated in the order confirmation within 7 days from the signing of the contract. ikuart ha il diritto di annullare l’ordine e recedere dal contratto.
Delivery takes place by sending the delivery address provided by the customer to the conditions indicated on the website. The delivery time results from the information on the website also reported in the order confirmation sent to the customer. Each delivery takes place with the result that ikuart is in turn supplied on time and regularly. If unexpectedly a product ordered by the customer should not be available for reasons independent of ikuart , ikuart is authorized to offer the customer an equivalent product by price and quality to the product ordered or withdraw from the contract. ikuart will promptly inform the customer of the non-availability and will immediately refund the customer of the payments made in case of withdrawal. ikuart is authorized to make partial deliveries. A delay in delivery by ikuart does not authorize the customer to request damages except in the case of ikuart serious negligence or intention to do so. If the delays in delivery should depend on reasons not attributable to ikuart (due to force majeure, third party liability, etc ...) the deadlines are appropriately extended. In this case the customer will be informed promptly. Should the causes of the delay last longer than four weeks from the signing of the contract each party is authorized to withdraw from the same. If the customer is not at home at the time of delivery of the package and if the customer does not collect the package at his post office within 7 working days or if the customer refuses the acceptance of the package, ikuart holds the right to cancel the order by withdrawing from the contract. Delivery takes place exclusively via SDA courier (Crono International).
Liability for any defects
Liability for defects according to the law is applicable. The assignment of rights by the customer is excluded. In addition to what is indicated below, the customer can not claim any further claim - regardless of any legal reason. For this reason ikuart is not liable for damages that have not been caused to the delivery object; in particular ikuart is not liable for lost profits or other damages to the client's assets. If the contractual liability of ikuart is excluded or limited, this also applies to the personal liability of employees, representatives and auxiliaries. The customer is required to promptly communicate in writing defects of the goods and in any case within a maximum of two weeks from receipt of delivery. A subsequent notification of such a defect should be excluded. There is no substantive defect if the quality of the goods conforms to the technical standard of the development and processing of digital photos. Technically it is not possible to avoid differences in color between the photos and the original file and for this reason they do not represent a lack of substance. Likewise there is no defect if a decline in quality is caused by poor quality (eg "resolution" of the original files). No particular quality conditions of the goods to be delivered are agreed. The previous limitation of liability is not valid when the cause of the damage is due to malice or gross negligence or if there is damage to the person. Furthermore, it is not valid if the customer claims rights regulated by law. If ikuart violates an obligation in the contract with negligence, the obligation to pay compensation for damage to property is limited to the applicable standard damage. After execution of the postponed delivery within the scope of a replacement delivery, the customer is obliged to return to ikuart the goods initially received within 30 days at the expense of ikuart . The return of defective goods must be made according to the legal provisions. ikuart reserves the right to claim damages according to the conditions governed by the law. The limitation period amounts to 24 months from delivery.
Reserve of ownership
The ordered goods remain the property of ikuart until the payment is completed. Prior to the transfer of ownership, assignment to third parties, letting, pledging, pledging, transformation and any other arrangement or transformation without explicit approval by ikuart is prohibited.
Ban on debit, right of retention
The client is not authorized to charge against own payment claims by ikuart unless the client's requests are ascertained as incontestable or have legal force. The customer is not authorized to charge the fee for payment by ikuart or retention rights even after a claim for defects, unless they result from the same contractual relationship.
Only the customer is responsible for the contents of the transferred files. In all works, the files and images transferred as well as the filing of image files assume the necessary copyright, trademark or other rights by the customer. In case of violation of these rights the customer is obliged to raise ikuart from claims by third parties. Essentially this happens through the assumption of debt in the relationship with the applicant. If the client does not agree with such debt assumption, he raises an internal ikuart relationship from any claim. In this case the customer will have to support ikuart in the defense of the claim the costs resulting from this (legal defense, judicial rights, penalties etc.) are charged to the customer.
The customer retains all rights to all documents that have been transferred to ikuart by the customer or authorized persons. For the execution of the contract the customer grants to ikuart the unlimited right in time and space to use the image files made available for the execution of the order. This also includes saving, reproducing and processing image files. This also includes the right to make individual images available to remedy an error for third parties.
Criminal responsibility and right to refuse a service
The customer is responsible for the legitimacy of the contents. Through the assignment of the assignment, it is ensured that the contents of the transferred image files do not violate the penal law, in particular with regard to the provisions of articles. 86 and following, 184 and following of the German Penal Code. In addition, ikuart is not required to perform services that could result in a violation of the law by ikuart . Should the contents of the files sent by the client violate the penal provisions, ikuart will file a complaint. At the same time ikuart is authorized to refuse to offer the service by terminating the contract. ikuart is authorized, but not obliged to verify the legitimacy or control the contents entered by the client in his online photo album. If according to the interpretation of ikuart the contents represent a violation of the law in force, ikuart is entitled to cancel the contents without notice. For complaints or third-party complaints against the customer's information, regardless of the legal reason, ikuart will delete the contents promptly. A third party claim against ikuart is excluded following the blocking of content due to complaints or complaints, provided that ikuart has performed an unsubstantiated cancellation without serious negligence or fraud.
Platform of the European Commission for Article 14 of REGULATION (EU) No. 524/2013
The European Commission provides a platform for online dispute resolution (ODR) willing to see via http://ec .europa.eu/consumers/odr/ . To participate in a dispute resolution procedure before an arbitration panel of consumption are not obliged and do not want to.
Salvation clause, competent court
Should one or more provisions of these general conditions of sale become null and void, this does not imply the nullity of the entire contract. The null provision is replaced by the provision legally in force in the matter. If the customer is a trader, a legal entity under public law or a special public-private fund, for all disputes resulting directly or indirectly from the contractual relationship, the competent court is the Court of Cassino (Fr). This is valid even if a customer does not have any general jurisdiction in his country, or after the conclusion of the contract has moved his residence or his home abroad or if they are unknown at the time of filing a lawsuit.
Law in force
In the conclusion and execution of all contracts the Italian law applies. The validity of the UN trade law is excluded.
Edart Srls Via Castagneto, Leone Park c / o TPM - 04023 Formia (Lt) - Italy - VAT number IT02924410596 Telephone / fax: +39 0771 64796 - (Monday-Friday 09-18) E-Mail: info @ ikuart .com
Platform of the European Commission for Article 14 of REGULATION (EU) No. 524/2013
The European Commission provides a platform for online dispute resolution (ODR) willing to see via http://ec.europa.eu/consumers/odr. To participate in a dispute resolution procedure before an arbitration panel of consumption are not obliged and do not want to.